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HomeMy WebLinkAbout2008-01-22f^GVi gC-d~ /- 22-D $ ~~E IDIAN~-- ~ A w ~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 22, 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 ~c Joe Borton Charlie Rountree ~~ Keith Bird _~ Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: Jack & Mike Borton Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: Adoption of the Agenda: Consent Agenda: G~~~-~.r~u~c a-d ~t%~~,,~,,,d~d~ A. Approve Minutes of November 20, 2007 City Council Regular Meeting: c~2~r,-,~,~..e._ B. Approve Minutes of December 11, 2007 City Council Special Meeting: G~~,..~ ~ C. Approve Minutes of December 20, 2007 City Council Special Meeting: ~~~ ~.$- D. Approve Minutes of January 8, 2008 City Council Regular Meeting: ~~r,-~,,~-~ E. Resolution No. ®~i °- .S ~ 6 :CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map Meridian City Council Meeting Agenda -January 22, 2008 Page 1 of 7 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. to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -Northwest Comer of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): c~~~ F. Findings of Fact and Conclusions of Law for Approval: CUP 07-016 Request for a Conditional Use Permit for 171 multi-family dwelling units in an R-4 zone on a ten acre site located within the Lochsa Falls Planned Development for Selway Multi-Family Develoument by J-U-B Engineers -west side of N. Goddard Creek Road, approximately 500 feet north of McMillan Road and '/ mile east of Ten Mile Road: ~y~~+~-- G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 014 Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: ~~~- H. Findings of Fact and Conclusions of Law for Approval: PP 07- 015 Request for Preliminary Plat for 518 lots consisting of 443 single-family residential building lots; 1 residential building lot consisting of 32 apartment units; 8 residential building lots consisting of 61 future condo units; 4 mixed use lots consisting of commercial retail on the 1St floor with 12 residential lofts on the 2"d floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 46 common lots and 5 other lots on 177.43 acres in C-N, TN-C, TN-R and R-8 zones for Cavanaugh by Kastera Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: ~~~wc.- I. Findings of Fact and Conclusions of Law for Approval: CUP 07-017 Request for a Conditional Use Permit approval to convert the existing Caven home into acivic/social hall in an R-8 zone for Cavanaugh by Kastera Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: ~~ ~ J. Findings of Fact and Conclusions of Law for Approval: AZ 07- 012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: ~~~~ Meridian City Council Meeting Agenda -January 22, 2008 Page 2 of 7 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. • K. Development Agreement: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: ~~~~ L. Development Agreement: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: ~~,,,,~ M. Sanitary Sewer and Water Main Easement Aareement for Minert Plaza by DBzR Property Investment, LLC: ~~e ~- N. Sanitary Sewer and Water Main Easement Aareement for Bienville Sauare Subdivision by Mason Creek, LLC: O. Water Main Easement Aareement for Sienna K-8 School by Joint School District No. 2: ~-t~,r-` P. Water Main Easement Aareement for Camping World by Debgar, LLC: ~,~,,.~. Q. Streetlight Aareement for Settlement Bridge Subdivision No. 6 by Capital Development: ~~~ R. Agreement for Instructor Services for Drawing and Cartooning Instruction with Young Rembrandts fora not to exceed amount of $3,360.00: ~~~ S. Aareement for Instructor Services for Ballroom Dance Instructions with Victor Burke for a not to exceed amount of $2,940.00: ~~~,,.,~ T. Agreement for Instructor Services for Belly Dancing Instruction with Jenifer Cavaness-Williams for a not to exceed amount of $576.00: c~~ ~ U. Agreement for Instructor Services for Early Childhood Activity Instructor with Sheri Doyle for a not to exceed amount of $5472.00: ~~,},,~,~,,,.~ V. Agreement for Professional Services for Appraisal Services with Robert C. Williams Appraisal Services for a not to exceed amount of $5,000.00: ~ ~,,..~ Meridian City Council Meeting Agenda -January 22, 2008 Page 3 of 7 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. • W. Agreement for Professional Services for Construction an Additional Parkins Facility at the Existing Heroes Park with Stanley Consultants for $3,600.00: a~~v~ X. Contract with McLeran Well Drilling, LLC for Well 14 Rehabilitation Work for a cost not to exceed $25,000.00: Y. Contract with Civil Survey Consultants for Design of Water and Sewer Improvements in Conjunction with ITD Road Project Franklin, Touchmark to Fivemile (No. STP-7403(100) for a cost not to exceed $20,380.00: ~~ Z. Task Order No. 5 with CH2M HILL relative to the continuation of Qualified Professional Engineer (QLPE) review Services in Lieu of Submittal of Drawings /specifications to the Idaho Department of Environmental Quality (IDEA) for Review with a not to exceed amount of $24,000.00: ~+~~"'~-`' AA. Memorandum of Agreement with International Association of Firefighters Local 4627 to replace Local 2311: ~,~ BB. Addendum to the City of Meridian /Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: ~~,r,r,,,,.v CC. Budget Amendment for New Citv Hall Construction Costs Carryforward for $3,314,021: ~~'~`°,.•.~._ DD. Budget Amendment for Public Works for Black Cat Water Main for $800,000: ~~,,,ro„,e._ EE. Budget Amendment for New City Hall Clock for $24,000.00: a~r„ro v~ FF. Budget Amendment for New City Hall Construction Costs Carryforward for $4,500,000: c~~v~wc. GG. Budget Amendment for Public Works for Latecomers Expense for $3,700,000: ~,~~ HH. Cooperative Construction and Reimbursement Agreement with Venga Ventures, LLC for $71,683.45: ~~,~,~, I1. Cooperative Construction and Reimbursement Agreement with James Prather Black Cat Trunk Sewer Phase 4, Schedule C for $71,683.45: r,~~ra,^.ci Meridian City Council Meeeting Agenda -January 22, 2008 Page 4 of 7 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. • ?~ JJ. Cooperative Construction Reimbursement Agreement Lift Station and Oversize Main for Bittercreek Meadows: v~ c~~ 7 ~ KK. Amended Agreement for Bittercreek Meadows: va.,~~'z LL. Approve Beer & Wine License for Roio Callente Restaurantes, Inc. dba Qdoba Mexican Grill #473 at 3068 East Overland Road: ~~~.~. MM. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer, Phase 4, Schedule B S< C Project: G~-'-'B ~ 6. Department Reports: A. Mayor's OfFce: 1. Appointment of Sharon Borton to Parks and Recreation Commission: ~1~,,,,~,,,.~ ,Q~~,y,~ !0-20/0 2. Update on Meridian Arts Commission Application for Public Art $ Cultural Facilities Grant from Idaho Commission on the Arts: ~~,N,,,~ wP~ s~~ylooo 3. Re-Appointment of Nancy Rountree to the MeridianArts Commission: ~~~,~.~ e.~~n~~c r Z-2v~~ 4. Resolution No. ®$- S9 7 Establishing a Seventh Seat on the Meridian Arts Commission and Appointing a Youth Member to Seat Seven: ~7~,,,p,r.~ 5. Appointment of Jonathon Stucker to the Meridian Arts Commission Seat # 7: ~~,rc, B. Legal Department / IT Department: 1. Training and Education Reimbursement for Keith Danielson: ~ wc..~ C. Planning Department: 1. Request for a Refund of Application Fees for North Phyllis Canal Project Comprehensive Plan Text Amendment: G7~,,~'~~ ~ 6 pb• <Z. Meridian City Council Meeting Agenda -January 22, 2008 Page 5 of 7 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. /4.r~ !3,'rr~ Chow/.~ 2. p~ti ~~., ~ pws.et ~~~1 C'i ~ C,~r,~,.,,~,..e /~/'1 f i ~ f - - /~v/i w sy,,,r,~,.. ~f ol~:,~ ~pv, k 1 ~- D. Parks Department: ~f r~ G~w ~ ~~ 1. Proposed Name for Citv Park in Tuscany / Messina Meadows of Renaissance Park: ~,~,,,~,,,,,,`~ E. Building Department -Bruce Freckleton: 1. Update on the Status of 1535 North Main Street: ~:r~~ s~ `-~ ~ /~,-vc~~.~iY.t.. S owr,d c y~ 2 -/-vim 7. Items Moved from Consent Agenda: 8. Presentation and Discussion of the 2006 International Building Code by Bruce Freckleton: drdu.,.l.r..c~ 9. Ordinance No. ~~~ `~ ~.~ Adoption of the 2006 International Building Code: e~j~rwwL 10. Presentation and Discussion of the 2006 International Fire Code by Joe Silva: ~,scu.s~ecc. 11. Ordinance No. ®8 _ ~ ~ `~~ Adoption of the 2006 International Fire Code: ~J'I"',~" vie., 12. Reauest for Reconsideration of Denial for the Rezone for Strada Bellissima Subdivision by Strada Bellissima Commercial, LLC: uy~-'--~" wee 13. Findings of Fact and Conclusions of Law for Denial: RZ 07-013 Request for a Rezone of 1.76 acres from L-O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): ~~~~ 14. Public Hearing: AZ 07-013 Request for Annexation and Zoning of 4.92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: ~,,.,~~ nom, p/~ ~ 2 ~ !-O 8 15. Public Hearing: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: ~ ~~, w~ ~ /~,,. ~ 2 _~ y_ p~ 16. Public Hearing: RZ 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6t" and Broadway Property by Linda Loehr - 532 East Broadway Avenue: a6~-~ ~--~c., Meridian City Council Meeting Agenda -January 22, 2008 Page 6 of 7 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. ~ ~ 17. Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: ~e`,..w,,,.oC ~~~L ~ /~~ 2 CvYr`- . 18. Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 848 residential building lots and 100 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: ~y,,,A,n cC l~d,alc ~-o ~ / 2 Gores 19. Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: re ~,-Lam,,-, d~ b ao<L ,~,o ~~ 2 Cv-~ 20. Public Hearing: VAR 07-019 Request for a Variance to UDC Table 11- 2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden -1418 North Vineyards Avenue: ~.z~ v~i~-~.ee~ GUrn'D~y ~~-/~8 21. Ordinance No. ®g '- j ~ ~ ~ AZ 07-015 Request for Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoodv Prouertv by Marshall Williams -1650 Dunwoody : 4~~ ho ~ 22. Ordinance No. O~ ~ l3 ¢~ AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: a~~ v~ 23. Ordinance No. O~~ l3 ~7 RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: k 1~P,~,,.~ 24. e a s. Meridian City Council Meeting Agenda -January 22, 2008 Page 7 of 7 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. •~ MayorTammy de Weerd ~~~~ C~tyCouncilMembers: Keith Bird ~ Joe Borton Charles Rountree David Zaremba NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold aPre-Council Meeting in the City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 22, 2008 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: FY07 Financial Review by Stacy Kilchenmann: Discussion Regarding Proposed Loca/ Option Tax Legislation by Matt Ellsworth: Resolution Alo. Option Tax Legislation: Support for Local Roadway Design for West Franklin Road from Linder Road to Ten Mile Road in the Ten Mile Interchange Specific Area Plan by Matt Ellsworth: Executive Session per Idaho State Code 67-2345(9)(a)&(c) The ublic is welcome to attend the meeting. ~,.~~` ~ ~m~~'~_.`jrr~ p ~,~ ~e ~ ~ ~, ~ , DATED this 18th day of January, 2008 ay ~ ~~ ` / ~ ..._ ._ Wk e l ~ WILLIAM G. BERG, J . - CITY"~L ~~ ~~ ~ q Meridian City Pre-Council Meeting Agenda -January 22, 2008 Page 1 of~B •~ ~°oz'~` All materials presented at public meetings shall become property of the City of Mefia~i~a . ~~~~~ ~ ~~~` Anyone desiring accommodation for disabil'fies related to documents and/or hearingsplfrrarrz4 tae°=~'`''` please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN E IDIAN~-- CITY COUNCIL PRE-COUNCIL MEETING t~ti AGENDA Tuesday, January 22, 2008 at 5:30 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `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 best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. FY07 Financial Review by Stacy Kilchenmann: 4. Discussion Reaardina Proposed Local Option Tax Leaislation by Matt Ellsworth: (*20 minj 5. Resolution No. :Support for Local Option Tax Leaislation: 6. Roadway Design for West Franklin Road from Linder Road to Ten Mile Road in the Ten Mile Interchange Specific Area Plan by Matt Ellsworth: (*ZO min) 7. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) & (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): * Approximate allowable time set for agenda item may change depending on the discussion. Please use the designated minutes as a guideline only. Meridian City Council Pre-Council Meeting Agenda -January 22, 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 hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Meridian City Council Meeting January 22, 2008 A meeting of the Meridian City Council was called to order at 7:40 p.m., Tuesday, January 22, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Joe Silva, Len Grady, Steve Siddoway Kyle Radek, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and open tonight's meeting and, first, with an apology of making you all wait. Certainly our discussion went a little bit longer than anticipated, but thank you for bearing with us. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Jack & Mike Borton De Weerd: Thank you. Okay. Item 2 is our pledge of allegiance. Tonight we will be led by Pack 62 and we have Jack and Mike Borton with us and their colleagues. If you will -- do you want to come up to the microphone and if you will all rise and join us in the pledge. (Pledge of allegiance recited. ) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: De Weerd: I would like to -- Mike and Jack, since you led us tonight, I do have City of Meridian pins I'd like to give to you. Thank you so much for leading us. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter. He's with the Treasure Valley Worship Center. If you will all, please, join us in the invocation or take this as an opportunity for a moment of reflection. Pastor. Slyter: Let's pray. Almighty God, we thank you for this day that you have given us. We thank you, again, for the privilege of living here in this wonderful city, the many blessings you have given us, and we thank you for those who have not only been Meridian City Council January 22, 2008 Page 2 of 101 elected, but have chosen to serve our city. We pray that tonight you would give them wisdom, that your hand would be upon them, each decision that is made, all of the discussion that is offered, would you, please, oversee it according to your sovereign goodness and providence. Thank you for those things we pray, and giving you praise for all of the privileges we share as citizens of the United States of America, we pray in the name of the Lord Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Item No. 4 is the adoption of our agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I hope I have got the current one. We have Item B on the Consent is resolution number 08-596 and we'd like to -- under department reports, Item E, which would be Council president, the appointment of liaisons, and -- oh, I'm sorry. Under Item 5 on the Mayor's -- the resolution number is 08-597 and ordinance number on Item No. 9 of the regular agenda is 08-1343 and Item 11 is 08-1344 and Item 21 ordinance number 08- 1345 and 22 is 08-1346 and Item No. 23 will be an Executive Session as per Idaho State Code 67-2345(1)(a). With that, Madam Mayor, I move that we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 20, 2007 City Council Regular Meeting: B. Approve Minutes of December 11, 2007 City Council Special Meeting: C. Approve Minutes of December 20, 2007 City Council Special Meeting: D. Approve Minutes of January 8, 2008 City Council Regular Meeting: • ~ Meridian City Council January 22, 2008 Page 3 of 101 E. Resolution No. :CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -Northwest Comer of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): F. Findings of Fact and Conclusions of Law for Approval: CUP 07-016 Request for a Conditional Use Permit for 171 multi-family dwelling units in an R-4 zone on a ten acre site located within the Lochsa Falls Planned Development for Selwav Multi-Family Development by J-U-B Engineers -west side of N. Goddard Creek Road, approximately 500 feet north of McMillan Road and '/ mile east of Ten Mile Road: G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 014 Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanaugh by Kasterra Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: H. Findings of Fact and Conclusions of Law for Approval: PP 07- 015 Request for Preliminary Plat for 518 lots consisting of 443 single-family residential building lots; 1 residential building lot consisting of 32 apartment units; 8 residential building lots consisting of 61 future condo units; 4 mixed use lots consisting of commercial retail on the 1St floor with 12 residential lofts on the 2nd floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 46 common lots and 5 other lots on 177.43 acres in C-N, TN-C, TN-R and R-8 zones for Cavanaugh by Kastera Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 07-017 Request for a Conditional Use Permit approval to convert the existing Caven home into acivic/social hall in an R-8 zone for Cavanaugh by Kastera Development, LLC -Southeast Comer of South Meridian Road and East Victory Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 07- 012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, ~ • Meridian City Council January 22, 2008 Page 4 of 101 LLC -Northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue: K. Development Agreement: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: L. Development Agreement: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: M. Sanitary Sewer and Water Main Easement Aareement for Minert Plaza by D&R Property Investment, LLC: N. Sanitary Sewer and Water Main Easement Aareement for Bienville Sauare Subdivision by Mason Creek, LLC: O. Water Main Easement Aareement for Sienna K-8 School by Joint School District No. 2: P. Water Main Easement Aareement for Camping World by Debgar, LLC: Q. Streetlight Aareement for Settlement Bridge Subdivision No. 6 by Capital Development: R. Agreement for Instructor Services for Drawing and Cartooning Instruction with Young Rembrandts for a not to exceed amount of $3,360.00: S. Agreement for Instructor Services for Ballroom Dance Instructions with Victor Burke for a not to exceed amount of $2,940.00: T. Agreement for Instructor Services for Belly Dancing Instruction with Jenifer Cavaness-Williams for a not to exceed amount of $576.00: U. Agreement for Instructor Services for Early Childhood Activity Instructor with Sheri Doyle for a not to exceed amount of $5472.00: r Meridian City Council January 22, 2008 Page 5 of 101 V. Agreement for Professional Services for Appraisal Services with Buich Appraisal Services for a not to exceed amount of $5,000.00: W. Agreement for Professional Services for Construction an Additional Parking Facility at the Existing Heroes Park with Stanley Consultants for $3,600.00: X. Contract with McLeran Well Drilling, LLC for Well 14 Rehabilitation Work for a cost not to exceed $25,000.00: Y. Contract with Civil Survey Consultants for Design of Water and Sewer Improvements in Conjunction with ITD Road Project Franklin, Touchmark to Fivemile (No. STP-7403(100) for a cost not to exceed $20,380.00: Z. Task Order No. 5 with CH2M HILL relative to the continuation of Qualified Professional Engineer (QLPE) review Services in Lieu of Submittal of Drawings /specifications to the Idaho Department of Environmental Quality (IDEA) for Review with a not to exceed amount of $24,000.00: AA. Memorandum of Agreement with International Association of Firefighters Local 4627 to replace Local 2311: BB. Addendum to the Citv of Meridian /Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement: CC. Budget Amendment for New Citv Hall Construction Costs Carry forward for $3,314,021: DD. Budget Amendment for Public Works for Black Cat Water Main for $800.00: EE. Budget Amendment for New City Hall Clock for $24,000.00: FF. Budget Amendment for New Citv Hall Construction Costs Carrvforward for $4,500,000: GG. Budget Amendment for Public Works for Latecomers Expense for $3,700,000: i Meridian City Council January 22, 2008 Page 6 of 101 HH. Cooperative Construction and Reimbursement Agreement with Venga Ventures, LLC for $71,683.45: II. Cooperative Construction and Reimbursement Agreement with James Prather Black Cat Trunk Sewer Phase 4, Schedule C for $71,683.45: LL. Approve Beer & Wine License for Roio Callente Restaurantes, Inc. dba Qdoba Mexican Grill #473 at 3068 East Overland Road: MM. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer, Phase 4, Schedule B & C Project: De Weerd: Okay. Consent Agenda. I think we are addressing it. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the Consent Agenda with Item E as 08-596 and to remove items JJ and KK to Item 7, JJ and KK. Wardle: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of JJ and KK to Item 7. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Sharon Borton to Parks and Recreation Commission• De Weerd: Thank you. Item 6-A under the Mayor's department. We have several appointments on here. I will start with item number one. I am asking for your confirmation of my appointment of Sharon Borton to the Parks and Recreation Commission. She is filling the seat of -- that was vacated by Mr. Jim Keller. His seat was expired in October of 2007 and so this term would be until October of 2010. • Meridian City Council January 22, 2008 Page 7 of 101 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Absolutely. With great pleasure and without hesitation, I move that we approve the appointment of Sharon Borton to the Parks and Rec Commission. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? We should ask Sharon if her arm was twisted or if -- any pressure? S. Borton: None whatsoever. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Update on Meridian Arts Commission Application for Public Art 8~ Cultural Facilities Grant from Idaho Commission on the Arts: De Weerd: Thank you. Item number two is an update from the Meridian Arts Commission and we have Meg Glasgow here with us, as well as Nancy Rountree. Glasgow: Good evening. I'm here to update you on the Meridian Arts Commission's progress on our application for the grants that we are applying for with the Idaho Commission on the Arts and also ask for your help in supporting this grant application process and the reason it's critical to discuss this now is the application is --deadline is quickly approaching and I wanted you to have an opportunity to review our grant application and if any discussion was needed we could change and still have time to meet that February 15th deadline. The Meridian Arts Commission anticipates the new City Hall to really become a cultural art center for certainly our city and also the Treasure Valley, with the outdoor performing amphitheater, we have got the rotating art exhibit upstairs on the third floor and also we see as a keystone piece in the lobby the possibility of the two spots we have identified. One with the possibility of a hanging art sculpture that would suspend from the ceiling in that two story glass atrium. The second be outside that beautiful curb wall outside Council chambers, as two possible e two possible sites. So, our budget, obviously, cannot cover the cost of commissioning Meridian City Council January 22, 2008 Page 8 of 101 an original piece of art for either of those two spaces, so in looking at that we have committed a portion of our budget -- we are applying for this 10,000 dollar grant with the Idaho Commission on the Arts and because it is a matching grant, meaning we have to contribute a large percentage of this 32,000 dollar price tag for this -- we are budgeting this original piece of art to begin. So, out of that -- if we are successful in winning this highly competitive grant, the remaining 22,000 would come from our funds, a contribution from the public, both corporate and private, and our fundraising efforts, which we have already begun. But as aggressive and optimistic as we are, we don't believe that we can secure 17,000 dollars in donation money by February 15th, our grant deadline. So, that is why we are asking you to support this and underwrite us until the point we can continue to raise funds to match the rest of the grant obligation. I wanted to share with you, too, a little bit of our vision, because in talking about what is possible in the space, this is just one possibility of an illustration that I found online and you're welcome to pass that around. That is just one possible example of what an original sculpture hanging from the ceiling might look like. And so as we begin this process -- once we receive the grant we can put out the call to artists, have artists around the region submit examples and, then, we'd select from that and begin the process. So, we don't expect this piece to be installed, actually, until -- finished until 2009, because of the way the -- how long it's going to take -- average time is about 16 to 18, sometimes even two years before this whole process can be completed. So, we are a little behind the wire, so we would love to have it by the opening of next fall, but we have got some more ideas what we can do for our work in City Hall, but we will talk about that later. So, with that being the case, do you have any questions for me or any other discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Megan, what you're asking for for us -- is us to underwrite 17,000 right now and, then, after you raise enough, then, we will be paid back. But you need 17,000; is that what -- Glasgow: We need to show -- as a requirement for the grant, because of the requirements being a matching grant that we had to show -- and we have attached a copy in your packet of -- of the proposed budget and how we reached that number and so if 10,000 dollars coming from the Idaho Commission on the Arts and 5,000 coming out of our budget and we have already received -- some donations are starting to come in. But to meet that 22,000 dollars that we need to show in matching money, we are asking the Council to underwrite that and we will continue with our fundraising campaign. Bird: Okay. • Meridian City Council January 22, 2008 Page 9 of 101 Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Does that mean that can be a pledge or do you the need money transferred immediately? Glasgow: No. Just a pledge. Isn't that true, Nancy? Yes. N. Rountree: No money. Bird: No money. Just pledge. De Weerd: They just need to show that they have the funds as they apply for the grant. Mr. Borton. Borton: Megan, my desire would be to commit to 22, not 17. And I say that only because -- does your allocation of your existing deplete your account and prevent you from doing anything other than this? Glasgow: I will refer that to your finance chair and -- De Weerd: You would have to come to the microphone. Glasgow: It's pretty close. De Weerd: I'm sorry we need your testimony on the record. , N. Rountree: It is very close. If you look at the existing budget for this year. But we, actually, won't be expending this money until, oh, probably early May. So, I -- I mean we'd take more, but -- but we might -- we might need that at a later time. If we can get the 17,000 underwritten, so that we can submit the grant, then, we are moving forward and, then, we will continue our fundraising efforts to cover that 17,000. You won't have to spend any once we get 17,000. Borton: Okay. De Weerd: Okay. Thank you. Council, any additional questions? Okay. Rountree: I have none. De Weerd: I would need a motion. Bird: Madam Mayor? • Meridian City Council January 22, 2008 Page 10 of 101 De Weerd: Yes, Mr. Bird. Bird: I, too, agree with Councilman Borton that I would just as soon underwrite 22,000 for you right now, so you can have your 5,000. You never know what you have coming up. Hopefully, we won't have to give it up, but I would make a motion that we underwrite up to 22,000 dollars for the Meridian Arts Commission grant application. Borton: Second. De Weerd: Okay. I have a motion and second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: We will need a budget amendment form reflecting this current motion. Bird: You can take it out of the Council's budget. De Weerd: Out of the Council's budget. Berg: Thank you, Madam Mayor. We will get that taken care of and have it on the Consent Agenda for your approval. De Weerd: Thank you. Glasgow: Thank you. De Weerd: Just remember, that doesn't happen very often, where you ask for less and they give you more. Bird: The president threatened us, though. 3. Re-Aapointment of Nancy Rountree to the Meridian Arts Commission• De Weerd: Okay. Just thought I better note that. Okay. Item three is reappointment of Nancy Rountree to the Meridian Arts Commission. Her seat was one of the staggered ones. Since the Arts Commission was established last year, we staggered the dates and she had one of the one year terms and so I'm asking to reappoint and have your confirmation to reappoint Nancy Rountree to the Meridian Arts Commission until February of 2011. • Meridian City Council January 22, 2008 Page 11 of 101 Rountree: Madam Mayor, it's my privilege and honor to move to approve the reappointment of Nancy Rountree to the Arts Commission. Bird: Second. Borton: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 4. Resolution No. Establishina a Seventh Seat on the Meridian Arts Commission and Appointing a Youth Member to Seat Seven: De Weerd: Okay. The next item, when we established the Meridian Arts Commission we authorized up to nine members. For the original seating to convene a group that would look at the by-laws and the organizational structure, I only filled six of those seats. They have had several members of the youth council that have been attending their meetings and wanted the one dedicated seat to a youth member. And so this resolution -- and I don't have a resolution number, but this would be establishing a seventh seat on the Meridian Arts Commission and allowing me to appoint a youth member to fill that seat, which would be seat seven. Are there any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think that number is 545, if I remember right. 08-545. If there is no questions, I move that we approve resolution 08-0545. Rountree: Second that. De Weerd: Okay. I have a motion and a second. I will ask Mr. Berg to, please, read this by title. Berg: Thank you, Madam Mayor, Members of the Council. I have ordinance -- or resolution 08-597. Bird: 597. Meridian City Council January 22, 2008 Page 12 of 101 Berg: We have already done three of them. This will be the third one tonight. A resolution of the Mayor and City Council of the City of Meridian establishing a seventh seat on the Meridian Arts Commission, appointing a youth member to seat seven of the Meridian Arts Commission and providing an effective date. De Weerd: Okay. So, Council, I do have a motion to approve. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 5. Appointment of Jonathon Stucker to the Meridian Arts Commission Seat # 7: De Weerd: Thank you. And the last item is to appoint Jonathon Stucker to the Meridian Arts Commission, seat seven. He has been attending the Arts Commission meetings, along with another youth member. This was one of the recommendations made by the Arts Commission and also confirmed by the Mayor's Youth Advisory Council that Jonathon would be their choice of a youth representative. So, Council, tonight I'm asking for your confirmation of this appointment. And this is a year by year appointment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the appointment of Jonathan Stucker to the Meridian Arts Commission. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Legal Department / IT Department: 1. Training and Education Reimbursement for Keith Danielsen• • • Meridian City Council January 22, 2008 Page 13 of 101 De Weerd: Thank you. Item B is our legal department. So, I will tum this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. What I have in front of you -- there should be a -- a memorandum from Terry Patemoster, our IT manager, regarding one of our employees in the IT division, Keith Danielsen, and our city policy manual we have education reimbursement that is available for employees at our end, a continuing education program, and so it's just simply requirements that they need to meet to receive that as a city benefit. Additionally, in 2005 we had amended that particular policy that allowed the departments to request with your approval for additional monies to help pay for education costs for employees. Mr. Patemoster had indicated in his memorandum that Mr. Danielsen's program was, one, beneficial to the city. They are related to his employment. They -- the classes that he's taking, one of the things that I was very comfortable in making this request to you, is as Mr. Patemoster stated, one of the things that's a benefit to the city was employees that see to advance their education in this particular manner. One, they do it on their own time, which is what Mr. Danielsen does, he takes classes at Boise State on evenings and weekends. It doesn't interrupt his worktime. The money that we would be requesting to be used towards this additional reimbursement is out of our training funds that we have for IT. This particular type of course can be, again, significantly more expensive than the type of reimbursement requesting and as Mr. Patemoster states in his memo, the other cost to the type is that lost time when employees are attending those classes, either out of town or even in town, having them out of the workplace can sometime be a real challenge, especially in a small department that we have -- or division we have at ID. So, based upon the -- the policy that we have, it does require that I bring that back in front of you. I did bring that to our liaison and, Madam Mayor, prior to bringing it in front of you, I'd seek your approval for that additional reimbursement to him for his education costs. De Weerd: Thank you, Mr. Nary. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the training and education reimbursement for Keith Danielsen. Rountree: Second. • • Meridian City Council January 22, 2008 Page 14 of 101 De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Planning Department: 1. Request for a Refund of Application Fees for North Phyllis Canal Proiect Comprehensive Plan Text Amendment: De Weerd: Okay. Our next item is our Planning Department. Canning: Madam Mayor, Members of the Council, the request before you tonight is with regard to the North Phyllis Canal Project. You may remember when the Council held the Public Hearing on that Comprehensive Plan amendment that there was a text amendment associated with it that staff had originally suggested that the applicant submit the text amendment, but as we processed it, we found that the text amendment was not necessary and that application was withdrawn. We did not spend a substantial amount of time reviewing the text amendment and the noticing fees amounted to $5. 88 and the applicant originally paid 606 dollars in fees. So, staff is requesting that the applicant receive a refund of $600. 12, which is the amount paid, less the noticing fees. De Weerd: Okay. Council, do you have any questions for Anna? Rountree: I have none. De Weerd: Is the -- are the Ewings okay with staff recommendation? Rountree: Thank you, John. Borton: Madam Mayor? De Weerd: Yes. Zaremba: For the record, that was a head nod yes. De Weerd: I think Dean heard that. Borton: I appreciate staffs consideration to make sure this gets back to the applicant and I would move that we approve the request for the refund to the applicant in the amount of $600. 12; is that correct? Meridian City Council January 22, 2008 Page 15 of 101 Rountree: Second. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request on Item 6-C. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Parks Department: 1. Proposed Name for City Park in Tuscany / Messina Meadows of Renaissance Park: De Weerd: Okay. Our next item is our Parks Department with our brand new, first- day-on-the job, Parks Director Mr. Steve Siddoway. Welcome. Siddoway: Thank you, Madam Mayor, Members of the Council. First, I'd like to welcome Sharon Borton, if she's still here -- to the Parks Commission. Look forward to working with her. She did attend our last meeting and she will be a real asset to us. The -- we are bringing before you tonight the desire to name the park that's been referred to as the Messina Meadows park in Messina Meadows Subdivision. We have been -- we have engaged the neighborhood in trying to name this park and, as you will recall, back in November the name of Verona Park had been forwarded and, then, turned down because of potential confusion with Verona Subdivision in north Meridian. We, then, subsequently requested all the names that had been submitted by members of that subdivision for consideration of park names and the Commission reviewed those on their December 12th meeting and are recommending the name of Renaissance Park and that name has an Italian theme and with the Tuscany Lakes, Messina Meadows Subdivision, all being in that Italian theme, they feel that it fits and it's one that was recommended by a homeowner in that subdivision. They are also recommending as a backup name Shakespeare Park, as all the names in that subdivision have to do with a Shakespearean theme, but the recommended name is Renaissance Park and I would propose that name to you and seek your approval. De Weerd: Okay. Council, any questions? Rountree: No. Good choice. Zaremba: Madam Mayor? De Weerd: Yes. • Meridian City Council January 22, 2008 Page 16 of 101 Zaremba: I move that we approve the name Renaissance Park for the city park in Tuscany Messina Meadows. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the proposed name on Item 6-D. If there is no discussion, Mr. Berg. Zaremba: Madam Mayor, I would just put one item of discussion in. As the parks director mentioned, the original generation of the choice of names was from the homeowners in that subdivision themselves and there are probably none of them here, but I would want to thank them on the record for their effort in it and thank you very much, then, for taking part in that and that was a creative and novel way to come up with a name and I appreciate it. De Weerd: Do you have any comment before I ask for the vote? It's your last chance. Zaremba: The clerk is pointing out we are going to have to abbreviate that name to three letters in order to afford the sign for it, but -- De Weerd: We have to have spelling lessons on it anyway. But I think it's a great name and we need to theme our activities thusly. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. E. Building Department -Bruce Freckleton: 1. Update on the Status of 1535 North Main Street: De Weerd: The last item is with our building department. I would like to take this opportunity, since the building department is under the umbrella of Public Works, I -- yeah, Ihad to stand up, Tom, to see if you were actually there. But we do have our new Public Works director here with us tonight. I know that we introduced him to Council earlier in our special meeting, our pre-council, but we'd like to welcome you and look forward to working together and bringing the talent that we saw in the interview process and apply it here in Meridian. So, welcome, Tom. And just a quick moment as well, I'd like to thank Len Grady, who has been our interim Public Works director, for the incredible time commitment and dedication that you showed over the last six months, seven months -- • Meridian City Council January 22, 2008 Page 17 of 101 Grady: Six or seven. De Weerd: It seems like years, uh? But thank you, Len. We certainly appreciate your leadership and, you know, we have you also in a new capacity and look forward to moving forward. Okay. So, I'll turn it over to Bruce. Freckleton: Thank you, Madam Mayor, Members of the Council. The item that we'd like to discuss with you tonight is just give you an update on the status of the 1535 North Main. You might remember it was around Christmastime '06, I believe, when we had discussion with you regarding some dangerous, hazardous situations with the -- with these apartments and wanted to just kind of bring you up to -- up to date where we are. On December 7, '06, the building department issued a notice of pending disconnection of utility service necessary to eliminate an immediate hazard to life and property. On December 8, 2006, all utility services were terminated at this address. At the time there were two tenants in this apartment complex. The properly owner informed those tenants that they were not to return to the premises at night to sleep. However, he would allow them to come to the premises during daylight hours to retrieve their belongings. Mr. Bettis issued a letter to the city explaining that situation. He also stated in that letter that some individuals will be permitted on the property and in the buildings to work during daylight hours. It was our intention to try and bring these -- these buildings up to code to be able to be occupied. These photos that we took here, this was the situation on 10/18/06. You can notice that the windows are intact, the doors are intact. This photo was taken the 15th of this month. These windows have been broken out. The front door's been broken -- broken out. This window is completely missing. January 11th of '08 when we were out there, the doors were all closed and appeared to be locked. We came back out the following week on the 15th. The doors had been kicked in. It just continues to show possible transient activity and malicious activity going on on the premises. De Weerd: What are those panels on the roof? Freckleton: They were -- they were solar panels. De Weerd: Solar. Oh, because they can't get electricity, that's their way of getting -- Bird: That's how they heat it. De Weerd: -- heat. Freckleton: Yeah. They were heated with solar back in the day, I guess. Bird: That was back in the '70s. Meridian City Council January 22, 2008 Page 18 of 101 Freckleton: Yeah. What we are trying to show is just that over time it just continues to dilapidated and we have got a -- we believe transient activity going on. The owner is not -- not done a whole lot to try and secure the premises and we have been in contact with him. On January 17th we issued a new notice ordering the owner to secure all openings to the structure by means of boarding up. We also ordered him to post the properties, not -- or, excuse me, no trespassing. That was at the suggestion of our police department. The owner was also in that notice offered an appeal period, which will expire at 5:00 p. m. this Friday. The deadline to complete the boarding up work is Wednesday, the 31st of January. I also requested from the owner a new letter that talks about the no trespassing situation, because his first letter -- he said that people could be there during daylight hours and get their belongings, but I think they have gotten everything that they need and so I asked him to get me a new letter basically saying that no one is authorized to be on the property and that should be considered trespassing if they are. We received that letter and I passed that onto the PD and to legal. Joe Silva contacted an outfit that he has worked with in the past, it's a boarding up service, to try and get an estimate of what we would be looking at if we have to step in and do the work and that came in around a thousand bucks. I don't hold out a lot of hope that we are going to see action from the -- from the property owner and we wanted to have some discussion with you tonight regarding us moving forward if he does not act and get this thing boarded up. In our notice there is provision in there that we can lien the property for whatever expense we incur and as well as pursue any criminal and/or civil action that might be appropriate. Silva: Mayor, Members of the Council, one of our concerns here as the fire department -- excuse me -- is that peering through a lot of these openings, we have excessive amounts of light combustible material. Through one of those doors that Bruce did not point out, there was some Coleman fuel and a partial container with gasoline in it. A lot of the things that somebody who is intending to do something bad has all the tools right there and our concern is that this needs to be secured as it is a distinct hazard. Just to kind of orientate you, the property, which is Cahoots Bar to the north, is only about four or five feet away on the north property and our concern that any fire involving the north -- the building on the north side of this complex could quickly impinge on the Cahoots property and that's one of our major concerns. And there is, obviously, signs through our -- through our investigations that there is transient activity there. We are sure about that. We had -- we had closed all those doors and basically secured them, just utilizing some tape and some, you know, small pieces of wood and, obviously, they have been pushed open. They had to be forced open to get them reopened, so we know that there is activity there. De Weerd: Are utilities all still cut off from that piece? Bird: Yeah. Meridian City Council January 22, 2008 Page 19 of 101 De Weerd: Chief, any illegal activity, any police calls or code enforcement issues? Well, we see code enforcement issues, but have they been out there on calls? Lavey: This has been an ongoing mess for about ten years and so I can't say that there has been any police activity recently, but it's an ongoing factor. We just have to pull our records and say -- I mean I have been dealing with this for ten years, so it just continues until we get something done about it. De Weerd: Thank you. Lavey: And code enforcement has been working with Bruce quite regularly, so -- De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is there any chance we could get the owner of the properly to consent to the fire department using this as a training area and just removing it entirely that way? Freckleton: Madam Mayor, Members of the Council, we've had those discussions and we have looked into -- into doing just that and the buildings are of a vintage that we anticipate that there is asbestos in there. There is also quite a -- quite a lengthy list of liens and judgments and that sort of thing against these -- this property. So, I think there was -- there was some hesitance on the part of the fire department and also legal had some real concerns with this as well. Silva: Mayor and Councilman Zaremba, yeah, we -- we were going to do that, but, again, it's very close to the property to the north, the Cahoots property, and we have probably, in all likelihood, exposed that properly if we attempted to do it as a training bum, so -- we had explored that option. Zaremba: Thank you. De Weerd: Okay. Council, I believe staff is looking for direction on the boarding up issue and what your thoughts are. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My thoughts on this are we have given until January 31st. If it isn't done, go get it done. As I understand, there is probably more liens on the property than it's worth. We Meridian City Council January 22, 2008 Page 20 of 101 i can -- still we can stick another lien on it, I guess. At least I would feel more comfortable that kids walking by there could not get in and get hurt and that's -- that's my biggest fear is children walking by and --and there is a trailer park right down beside it. I don't know how many children is in the trailer park anymore, but, you know, kids will go exploring things and so my -- my vote is if they don't get it done by the 31st, the 1st we be there and do it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree wholeheartedly. The public safety concerns are great. I'd give them until 8:30 tonight, quite frankly, to get it-fixed up. Bird: We have already given -- Borton: I mean you have given them tons of opportunities. I'd board it up and spend the money, make sure the public safety issues are addressed and resolved as soon as possible. And if the owner's upset and wants to sit down and talk about it, be glad to do so. So, the 31st is fine. If it's earlier, so be it. It's a scary property. De Weerd: I think Mr. Nary would advise January 31st. Rountree: Madam Mayor? De Weerd: Just reading your mind. Nary: Thank you. De Weerd: Council. Yes. Rountree: I would move that we have the building department move forward with monitoring this and if we do not see an appeal by January 31st that they be authorized to solicit a contractor to board up this establishment. Bird: Second. De Weerd: Council, could we ask that that be sought before that time, so they can commence it on the 1st? Rountree: I believe they have already done that. Bird: They have already done that. The 31st, if it's not done, it's the 1st we go in and do it. Meridian City Council January 22, 2008 Page 21 of 101 De Weerd: Okay. Okay. Borton: Second. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Does that motion include that if the owner does not pay for it we would file a lien on the property? Rountree: Certainly. Zaremba: Or is that automatic? Bird: It's automatic. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Also to add -- and probably shouldn't make light of it -- it's a pretty drastic step, but I do appreciate all the efforts you have taken to try and continually contact and work through it. I think that's definitely the way to go. It's probably frustrating on your part to plod along, but it's appreciated, because we don't want to have to ever do this, but -- Freckleton: No. Thank you. De Weerd: Okay. If there is no further discussion by Council, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Bruce, we do have a gentleman that raised his hand in the back. If you can just discuss comments with him. I don't know what they might be regarding, but it probably is in relationship to this. Freckleton: Okay. Thank you. F. Council President Appointment of Department Liaisons: ~ ~ Meridian City Council January 22, 2008 Page 22 of 101 De Weerd: Thank you. Okay. The last item under Department Reports is Item F, which is Council Appointments. I'll tum this over to Mr. Rountree. Rountree: Thank you, Madam Mayor. My first official duty tonight as the president of Council is to make reappointments of Council liaison to departments and I know the department heads are just sitting on pins and needles. They are all jumping now. So, the liaison assignments for this year: Planning and Zoning will be Councilman Bird. Police will be Councilman Bird. Parks and Rec will be Councilman Zaremba. Fire will be Councilman Zaremba, to whom he owes his life. Legal, HR, IT, will be Councilman Borton, as well as finance Councilman Borton. I will be working with Public Works and the Mayor's office. And I will just point out that we will be working with three new administrators this year in our capacities as liaisons and I think we need to provide them every opportunity of our wisdom and/or guidance that we can and I will offer to all of the directors that I am available to each and every one of you on any kind of notice that you need my support or help. So, as president I offer you that as well. So, work with your liaison and if you need a couple of us, I'm there for you as well. I hope this works out. I'm sure it will. I think everybody is excited about the new assignments. I think there is new departments for everybody and new Councilmen for everybody. So, it should be a fun year. With that, good luck and God speed. Borton: He's saying that to them, not us. Rountree: Yeah. To them. Item 7: Items Moved from Consent Agenda: JJ. Cooperative Construction Reimbursement Agreement Lift Station and Oversize Main for Bittercreek Meadows: KK. Amended Agreement for Bittercreek Meadows: De Weerd: Good luck, crew. Okay. Thank you, Mr. Rountree. Okay. Item 7 we moved two items from the Consent Agenda, JJ and KK. I will tum this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. These two items are agreements with the Bitter Creek Meadows Subdivision that is south of the city limits currently. The items are -- one was a reimbursement agreement for a lift station and oversize main. The other was an amendment to an existing agreement with Bitter Creek Meadows, which involves the city purchasing and taking over the operations of a municipal water well on that property. We have been engaged actively in the last week on this particular -- these particular agreements and trying to finalize some conditions for the city taking over those responsibilities. We haven't been able to finalize that in the last week as we had hoped to do and so we'd like to at least put on the record, if possible, establish a special meeting that would give us some target dates to get these ~ ~ Meridian City Council January 22, 2008 Page 23 of 101 done by and, hopefully, get some of the due diligence that we feel it's appropriate and necessary for the city to do prior to taking on the responsibility of both the municipal water and, then, the cooperative construction agreement for reimbursement for a lift station at some point in the future for that area. I had asked Mr. Grady maybe to help identify some of the specific points that we still haven't been able to get completed in the last week and what we need prior to getting these finalized. Mr. Grady. Grady: Madam Mayor, Members of the Council, I think it's boiled down to the agreements themselves -- I believe an estimate would be that we were 90, 95 percent complete. I think we have agreement in principal and we are really down to nailing some of the details in those agreements. Short of that we have some -- we have taken some water quality samples, which we haven't received back and I think it would be appropriate for us to wait for those to be received. And, then, finally, some fire flow concerns. We need to be able to validate what the fire flow is out there. We believe it may be insignificant fire flow and we just want to quantify that. If it is insignificant, it's not adequate out there, we would be wanting to work towards some method of being able to rectify that. So, I think, again, a little bit of time for us to do some research and work with the developer would be appropriate. De Weerd: Thank you, Len. Anything further, Bill? Nary: No, Madam Mayor, Members of the Council. I think, as I said, I think we will -- what we want to do from the staff end is make sure we get the direction from you as to what other information you feel you need prior to making these agreements, bringing them back for final approval. Like I said, in our discussions with the developer, we have discussed the concerns about fire flow and making sure that public safety aspect is covered and, secondarily, we have told them that the water quality needs to meet the DEQ municipal standards to do that and we need to quantify that, as Mr. Grady said, and we did some testing to assure that and before we take that on some of that testing hasn't been completed yet. We don't have the results of those yet. If there is other issues, we want to just make sure we get that alt on the record and, then, again, if we could have a target date, if at all possible. I know we have some quorum issues for the next few weeks, but if we could get a target date, even if we have to set a special meeting for this, so that we can get these finalized, I know the developer is very anxious to get these completed as well. So, if we could have a target date from you, we can certainly get that at least the best we can, get all of those completed by that time. De Weerd: I believe we would still have a quorum on February 1st. Would that give sufficient time? That's a Friday. That's -- Grady: The Public Works director thinks we can make that happen, so we will do it. De Weerd: We just -- we just will not have a quorum that next week. So, that's kind of the last work day before we have a quorum issue. Does that sound reasonable? At Meridian City Council January 22, 2008 Page 24 of 101 least for a target date and we will work with each of the schedules. I know Councilman Rountree will be out of town, but if the three remaining Council members can do something, we can get it scheduled. Borton: Madam Mayor? De Weerd: Yes. Borton: That's fine by me and I appreciate Mr. Grady and Mr. Nary sort of restating some of the concerns that we as Council members have raised and some of the final issues that we wanted to get pinned down and wrap this up, to the extent that these things can be done even sooner than then, I'm sure we'd all be willing to make our best efforts to be available, even earlier than the 1st. It's in everyone's best interest to get it resolved and we appreciate the applicant's efforts to do so. Mr. Nary, Mr. Grady, your efforts to get this thing going, and we will shoot for the 1st. If it's earlier, all the better. Bird: Sounds like a winner. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just would express one additional concern that I think has been addressed, but just to make sure it's on the public record, that somewhere in the agreement the end users do not expect us to increase capacity or make more capacity available than is available. I think that's a subject that has been discussed, but make sure that that's known and on the public record as well. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, yeah, that is part of the agreement that the -- the water system that is currently on site is able to be used for the homes that are programmed for that area and nothing in addition to that. That was part of the original agreement that is folded into the new one. It's probably more specific. But that was always the intent of the city and agreements that currently exist, as well as this new agreement that it be spelled on, that that's what those water source is for, future development, whether it's this developer or any other developer would require additional sources of water. Grady: Madam Mayor, Members of the Council -- and I'd like to add to that. DEQ requires two sources of water above 25 -- 25 or more lots. This has 24 lots. So, one more lot means another well, another source of water, as per DEQ standards, so -- Meridian City Council January 22, 2008 Page 25 of 101 De Weerd: Okay. Well, we will look for your follow-up on this. If we can do it sooner, we can get that scheduled, but February 1st at the latest at this point. Nary: Thank you. Rountree: Do we need a motion to hold those over, those two items? Nary: Madam Mayor, Members of the Council, all we need to do, since these are just agreements to be approved, we -- you can simply -- we have moved from the regular approval agenda. You can certainly move to vacate them from this agenda and we will just bring them back whenever we schedule the meeting. We don't need to schedule that today, so I think probably a voice vote to just vacate them until they are brought back is probably adequate. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate items JJ and KK. Bird: Second. De Weerd: Okay. I have a motion and a second to vacate JJ and KK, set to a later date. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Presentation and Discussion of the 2006 International Buildina Code by Bruce Freckleton: De Weerd: Okay. Item 8 is a presentation and discussion of the 2006 Intemational Building Code. Mr. Freckleton. Freckleton: Thank you, Madam Mayor, Members of the Council. The 2007 legislature adopted the '06 I codes for building. The proposal before you tonight is for the City of Meridian to adopt the '06 Intemational Building Code, Intemational Residential Code, and Intemational Energy Conservation Code. There is really -- were not any major major changes in these codes. The only real notable item that -- that I added in was we did not have a provision in our past codes to double fee anybody doing fire trade work, when they work without having permits in place. And we do have that provision for all the other codes, all the other trade codes, structural codes, but fire, for some reason, never did have that. So, we added that into our code. Deputy Chief Silva added that into his code, too, just to make sure we were doubly covered. We did take our proposal Meridian City Council January 22, 2008 Page 26 of 101 to the BCA on the 8th of January. Made a presentation to them. And we didn't receive any objectionable comments at all. The city of Boise was in the process of doing theirs at the same time, too, and we had some real good dialogue with those jurisdictions and it's a pretty straight forward deal. So, that concludes my presentation, unless you have any questions. De Weerd: Thank you, Bruce. Council, any questions? Rountree: Madam Mayor. I just have a comment that on all of these items, the next four items, when we blanketly adopt those uniform codes, every once in awhile there is something in there that gives us all heartburn and I would direct staff that if, in fact, those issues do come up on a frequent basis, that you apprise your liaison and get it to the Council as soon as possible, so we don't have staff put in a position where they are having to defend the codes that we have approved or not approved and maybe the Council can get to some resolve sooner, as opposed to later. Bird: Madam Mayor? De Weerd: And just a minute, Mr. Bird. I guess just to make a comment to that is that the state has adopted these codes. Freckleton: Correct. De Weerd: They are the minimum codes. And so I don't know what flexibility we have, since they are the minimum by the state as well. But, certainly, as any issues arise, we will make sure, Mr. Rountree, you are the first to know as -- Rountree: Thank you. De Weerd: -- the liaison for that department. Mr. Bird. Bird: Make me the second to be known. I will be truthful with you -- De Weerd: You probably will know before we do. Bird: I -- I don't like anything that -- that says International Building Code that I don't get to look at first, because what pertains to New York or Chicago might not do any good to Meridian, Idaho, and might have stuff in fire codes, in particular. And the reason we went to workshops is so that we can look these up on that workshop and, then, bring the ordinance forward at the other time and have discussions on it. I wholeheartedly back Councilman Rountree and as president I know that he's not going to allow this to happen again. So, that's all I'll say. Zaremba: Madam Mayor? Meridian City Council January 22, 2008 Page 27 of 101 De Weerd: Mr. Zaremba. Zaremba: Actually, a question and I guess it's along the same theme and I don't remember whether it's the Intemational Building Code or the Intemational Fire Code, but I thought we learned during some development discussion late last year that when the state adopted one or the other of these codes, they actually exempted something having to do with sprinklering -- Rountree: Sprinklers. Bird: That's right. Zaremba: Are we adopting the code as written or are we adopting the state's adoption with exceptions? Freckleton: That's a very good question. We are adopting the code as written. The state adopted it with the exemption again. The city of Boise this year -- let me back up. The '03 codes, city of Boise adopted it with the exemption for three or more units to have to have fire sprinklers. The new code adoption for '06 codes, city of Boise did away with their exemption and adopted it as written, as we proposed it. The city of Nampa is that way. So, basically, the major jurisdictions in this valley have adopted the codes as written, which is contrary to what the state's adoption was. Zaremba: Thank you. De Weerd: Okay. Any other questions from Council? Rountree: I have none. Item 9: Ordinance No. 08-1343 Adoption of the 2006 International Building Code: De Weerd: This isn't a public hearing. Any comment from the public, though? Okay. Okay. Council, you have heard the presentation. We wilt go ahead and move onto Item 9, which is ordinance 08-1343. And I will ask Mr. Berg to, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 08-1343, an ordinance amending Title 10, Chapter 1, of the Meridian City Code, regarding adoption of the 2006 edition of the Intemational Building Code, 2006 edition of the Intemational Residential Code, and the 2006 edition of the Intemational Energy Conservation Code, amendments to the adopted codes, providing for a waiver of the reading of the rules and providing an effective date. Meridian City Council January 22, 2008 Page 28 of 101 i De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear this read in its entirety? Okay. We appreciate that. Okay. Council, what -- what is your direction at this point? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve ordinance 08-1343, the Intemational Building Code. Bird: With suspension of rules. Rountree: With suspension of rules. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Presentation and Discussion of the 2006 International Fire Code by Joe Silva: De Weerd: Okay. Item 10 is presentation and discussion of the 2006 Intemational Fire Code by Deputy Chief Silva. Freckleton: Madam Mayor, can I just ask one question? De Weerd: Yes. Freckleton: Is that recommendation -- or that adoption -- I had made a recommendation fora 30 day effective date on that. Is that -- is that your approval? Okay. Thank you. Silva: Madam Mayor, Members of the Council, I have before you this evening for consideration is the adoption of the 2006 Intemational Fire Code. Along with that in front of you I forwarded to you a copy of the local amendments that we are requesting be incorporated into that adoption document. What we have done is we have formalized or put into our local amendment things we have been doing by policy. Essentially, things like providing work -- working without a permit, the same provision Meridian City Council January 22, 2008 Page 29 of 101 that Bruce alluded to. Also, the fact that having fire department connects within a hundred feet of a fire hydrant, as an example. Essentially, this is the same document that we currently have as our amendment document here locally. One change if we -- I do want to bring to your attention is on page eight. In discussing with the fire chief, we talked about serving homes with over -- homes that have only one access point or one way in, serving greater than 50 homes, and one thing that we did change here -- or requesting consideration of Council is that if a portion of a subdivision or call it a phase for purposes of our discussion, has only one way in, sometimes what we have done is -- our present amendment would be that we would require those homes to be fire sprinklered. In my discussions with the fire chief, we are requesting that when we have that situation arise, which Anna can allude to a little bit in block lengths, that all the homes in that subdivision be required to be fire sprinklered. Ordinarily when we -- when we make the developer aware that we have got just one access point, we are serving over 50 homes, 99 percent of the time we are able to obtain a secondary access that meets the minimum requirements of the fire code for that situation. So, it has not been a problem. We would like to have Council consider that. We have also included in there just below that the definition of what considers -- we consider to be remoteness or what qualifies as secondary access, asking for some separation between the primary point of access and the secondary point of access. Normally, it's been considered to be one half the diagonal measurement of -- of the project. And with that -- with that I'll stand for any questions should you have any. De Weerd: Joe, did you have this discussion with the developer's council? Silva: I did not have that opportunity. This discussion came up late when I discussed this with the fire chief and so what -- if you would like, Iwill -- if we want to perhaps work in adopting the balance of the code and, then, I'll take that back to the BCA or whatever organization you would prefer that I take that to, I would be glad to do that. De Weerd: I guess if this is an add-on since you addressed the group, I think we do have a process in place and that process should at least be considered if you make any changes. That's certainly my opinion. Anna, do you have additional comments? Canning: Madam Mayor, Members of the Council, as Chief Silva said, this isn't going to come into effect very often. I think in the four years I have been here we have never had a project that didn't have either a temporary secondary access or stub streets to an adjoining property that would eventually provide that secondary access. So, it really is quite a rare instance. Now, the Council did -- there was a presentation to the Council regarding private streets sometime back that Council seemed favorable on allowing private streets. This would impact them and I just realized that as the hearing was going on today, so I didn't have a chance to mention that to Joe. But that is a possible impact to developments with private streets. Meridian City Council January 22, 2008 Page 30 of 101 De Weerd: You know, Joe, I think it's fair to come back with this as an add on and I probably was the one that really prompted the discussion with the recent multi-family application that we had and the concern with the secondary access, which was only emergency, when it did have the opportunity for a different secondary access. So, it would be a good discussion to have, but it should have at least that -- the avenue of how we regularly do it. Council, any questions for Joe? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree wholeheartedly with you that if this -- if we didn't present this to them -- to the people that this affects and we need to go redo it and, then, pass on it at that time. I don't think we are causing a problem by not passing it tonight, am I right, chief? Silva: Just to -- Mayor, Councilman Bird, the state has adopted and required that we adopt it by January 1. So, we are a little bit behind the curve. What I was going to request is whether or not we could adopt the balance of the code and, then, bring this issue back as a separate issue. I would ask that -- De Weerd: Yeah. I think that was his question, Joe. Silva: Okay. De Weerd: -- is more particular to the add-on than the code in its entirety. Silva: Understood. Understood. De Weerd: Okay. Anything from Council? Rountree: I have nothing. Item 11: Ordinance No. 08-1344 Adoption of the 2006 International Fire Code: De Weerd: Okay. Do I -- well, I will go ahead and move on to, then, Item 11, ordinance number 08-1344 and -- Bird: Are you going to read it by title? De Weerd: I guess I could read it. I need to pull it up. Nary: Do you want me to do it? Meridian City Council January 22, 2008 Page 31 of 101 Rountree: Bill -- De Weerd: Oh, yes. Mr. Nary, if you will this, please, by title only. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, ordinance 08-1344. It's an ordinance amending Title 10, Chapter 4, of the Meridian City Code regarding adoption of the Intemational Fire Code, 2006 edition, amendment to the Intemational Fire Code, also 2006 edition, providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like it read in its entirety? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve ordinance 08-1344 with -- I forgot what paragraph. I got to go back. Rountree: Z I think it was. Bird: Uh? Rountree: Z. Bird: With the exception of paragraph Z until we reintroduce it to the appropriate community members. And with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second. Joe, did we reference the correct paragraph? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, just so the record's clear, it's paragraph Z, Intemational Fire Code, Section D, 107. 1, one or two family dwelling residential developments. The effective date on the ordinance in front of you is January 1, 2008. So, if you want to pass it with the same 30 days as you did the building code, then, I would make sure that's in your motion just as a specific date of approval. Meridian City Council January 22, 2008 Page 32 of 101 • Bird: Thirty days. That -- I agree a hundred percent. Rountree: Second agrees. De Weerd: Okay. Any further discussion? We did have it read by title only. Berg: Thank you, Madam Mayor. I just was confirming with Bruce Freckleton on the previous ordinance and we kind of agreed to a February 25th date. De Weerd: So, a date certain of February 25th. Is that okay by the motion maker? Bird: That is fine with me on the fire code, too. De Weerd: Second agrees? Rountree: Agreed with the second. De Weerd: Okay. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Request for Reconsideration of Denial for the Rezone for Strada Bellissima Subdivision by Strada Bellissima Commercial, LLC: De Weerd: Okay. Item 12 is a request for a reconsideration. Council, I believe you have that request in front of you. Does Anna or Mr. Nary have any additional comments? Okay. Nary: Madam Mayor, Members of the Council, no, I really don't. There is a fairly lengthy letter with the reasons for this request in front of you by Pinnacle Engineers. I don't know if the requester has any additional information in regards to their request. It seems fairly detailed in their letter as to their reasons for asking you to reconsider this request. I think that matter is simply before you for that consideration. De Weerd: Okay. Is the applicant here? If you have any new items for consideration that are not outlined in your letter, you may do so at this time. Okay. Thank you. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 22, 2008 Page 33 of 101 Borton: I'll float one motion out in light of the letter and information provided. I would move that we approve the request for reconsideration on Strada Bellissima Subdivision. Bird: Is that it? Second. De Weerd: Okay. I have a motion and a second to approve the request for reconsideration and if Council were to approve this, we would set that for hearing date again with public noticing; correct, Mr. Berg? Okay. Any discussion by Council? Okay. Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 13: Findings of Fact and Conclusions of Law for Denial: RZ 07-013 Request for a Rezone of 1. 76 acres from L-O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC - NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): De Weerd: Okay. So, Mr. Nary, what are the next steps on that? Berg: Next item is to be -- Nary: Madam Mayor, Members of the Council, Item 13 can be vacated and what the applicant will need to do is work with the clerk's office in setting a new date, paying the new fee for noticing and, then, that will be set back in front of you probably within four to six weeks. De Weerd: Okay. So, what action needs to be taken on Item 13? Nary: Just simply move to vacate those findings. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we vacate Item 13. Bird: Second. ~ i Meridian City Council January 22, 2008 Page 34 of 101 De Weerd: Okay. I have a motion and a second to vacate Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 07-013 Request for Annexation and Zoning of 4. 92 acres from Ada County RUT to an R-4 zone for Matador Subdivision by Equity Development -1235 East McMillan Road: Item 15: Public Hearing: PP 07-017 Request for Preliminary Plat approval for 16 single-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision by Equity Development - 1235 East McMillan Road: De Weerd: Okay. Item 14 and 15 are public hearings on AZ 07-013 and PP 07-017. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this the Matador project. It's located at 1235 McMillan Road. The applications before you tonight are an annexation and preliminary plat. The applicant has applied for annexation and zoning of 5. 18 acres to R-4 zoning and preliminary plat approval of 16 single family residential building lots and three common lots on 4.92 acres. The proposed gross density for the subdivision is 3. 25 dwelling units per acre, with a net density of 4.02 dwelling units per acre. And the lot sizes range from 8,077 square feet to 14,454 square feet. You will note that it says old plat, new plat, and I'll get to that in a moment. The Commission's recommendation was based on old plat. There are a couple DA requirements proposed and that's that the developer shall construct homes on the site that are in substantial compliance with the elevations and the applicant shall construct homes on the site that contain the following design features: Gable roof lines facing the street, shutters, substantial colors with substantial bases and front facades, accented with brick/stone and covered porch areas. Building materials should be of quality materials, including, but not limited to wood siding, hardy plank siding, and/or stucco, incorporating varying siding materials. Wide plank. Narrow plank. Board and batten. Cedar shingles. Painted in earth tone colors. We have some elevations of those. The Commission recommended approval at their November 15th, 2007, Public Hearing. Sabrina Whitehead, the applicant's representative, spoke in favor. No one spoke in opposition or commented or provided written testimony. Key issues of discussion by the Commission were the zoning approved for neighboring residential projects and that was largely -- there is one project -- and these two existing lots and that was R-4 with a little R-8 closed to Locust Grove. And, then, there was another one approved over these two lots and that was R-4. Nothing immediately adjoining this property. There were no key commission changes to staffs initial recommendation. There are some outstanding issues for Council. During the hearing staff presented to the Commission a recommendation to reduce the lot widths of the buildable Lots 2 and 3 of Block 3, which are these two lots and expand the i Meridian Ciry Council January 22, 2008 Page 35 of 101 n nonbuildable lot, Lot 1, Block 3, this one in hatched, to increase the amount of open space and to accommodate a picnic area or tot lot. Currently it's all shown as seepage beds, so it's not really an open space, it's a drainage lot. So, the idea was to decrease the adjoining two lots and add some actual open space onto that drainage lot. The Commission agreed with staffs recommendation and forwarded that onto City Council. This morning staff received a revised preliminary plat and revised landscape renderings for Matador project and the revised plat changes were as follows: And you will see it here. They have moved the drainage lot from the comer to -- on the north side of Copper Ridge and now there is five buildable lots on the south property line. The relocated common lot has been reduced from 10,920 square feet to 4,953 square feet. In addition, the total amount of open space for the project has been reduced from 8.1 to 5.5. And the term open space is lose there, because there was a drainage lot. It's non- buildable lots, really. Due to the reduction in the common areas, the average lot sizes have increased from 9,751 square feet, to -- that's per the old plat. And to the new plat is 10,124 square feet. On -- I heard that later today there was a third plat presented to staff that there was not time to evaluate. So, I think -- I'm not sure if the applicant has a revised revised plat or not at this point, so -- and, then, the -- there was some pictures of the amenities, the tot lot and, then, the picnic table, as proposed for the new plan. With that I'll answer any questions that Council and Mayor may have. De Weerd: So, Anna, you just got these plat revisions today? Canning: Yes. De Weerd: Okay. Council, any questions at this point? Bird: I have none. Rountree: I have none right now. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have lost track of where the amenities are now. Are they on the new drainage lot? Canning: This lot, I believe, is designed to accommodate the open space, as well as the drainage. The prior one was just designated as a drainage lot. The subdivision is less than five acres, so it's not required to have open space. Zaremba: Thank you. Meridian Ciry Council January 22, 2008 Page 36 of 101 De Weerd: Okay. Is the applicant here? address for the record. If you will, please, state your name and Whitehead: Absolutely. Madam Mayor, Council members, for the record, good evening. My name is Sabrina Whitehead and here on behalf of Briggs Engineering and Equity Development. My business address is 1800 West Overland Road, Boise, Idaho. 83705. And as Anna has mentioned, tonight I'm presenting before you Matador Estates. This is a request for annexation, zoning, and a preliminary plat. With this development the developer took into consideration the character of the area, City of Meridian's Comprehensive Plan, as well as the existing residences out there. With all these considerations, the developer felt that the R-4 zoning would be the most compatible with the existing area and surrounding land uses. Therefore, as has been mentioned, we are requesting 4.92 acres to be rezoned to R-4. This will include a total of 19 lots, 16 which are buildable and three that are common. The site will have ingress and egress off of McMillan Road, which will provide public stub roads to the east and west. The site will have pressurized irrigation through Settlers Irrigation District and at this time it's kind of unknown who will maintain it, either the district or the HOA. As for sewer, we are in negotiations with the developer to the west to provide sewer easements -- sewer and water. On July 3rd of last year I conducted a neighborhood meeting where I had three neighbors attend. The concerns expressed by the neighbors was Curt Hert. His concem was the view shed and so the developer agreed to limit Lot 3 of Block 2 to be single story within the CC&Rs for him. The other concem brought up by one of the other neighbors was access for the fire department. And as Mr. Silva's here he has approved the plans with what we have set forth. Now, I do want to discuss the open space. Originally we didn't provide any open space, due to the fact that it wasn't required. However, after the Planning and Zoning Commission, talking with city staff, the developer agreed to provide usable open space. So, usable is kind of like the key word here, because before we did have open space, but it was for a retention pond. So, technically, it's not super usable. So, with our engineering firm we decided to locate the retention -- water retention is a seepage bed, which would be underground, therefore, leaving it more usable and for people to be able to use it. So, today, when we have so many modifications -- and I do apologize, it was kind of last minute, we decided to take the -- that one lot, the retention, and move it into another location, which the engineering felt would be better for water retention. We, actually, increased that lot size that you see as the new plat to -- so, it will be 50 feet in width. So, it's actually larger. So, my main point here is that, one, this is more usable than having a retention pond. Two, with the seepage bed being placed underground, it will be safer not to have a playground located next to a pond. Three, it's more centrally located. I know that Planning and Zoning have desires to have it across the street, but we felt on the comer lot it will be more centrally located, easier for the residents to access, as well as making it safer and more visible and not so isolated as we know sometimes these common lots can have some problems. And my fifth and my final point here, trying to persuade you that while our open space percentage has decreased, in my opinion I feel it has increased, because it's due to the fact that it's more usable, instead of just having a • Meridian City Council January 22, 2008 Page 37 of 101 pond. So, I hope that I have made my points and outline and request that I feel this is the best comprehensive and best scenario for this subject property. And with that I will stand for any questions and thank you for your time and consideration. De Weerd: Sabrina, I guess I have a question as to -- this was in front of the Planning and Zoning Commission in November and they recommended the changes that I assume are -- were the ones that were received today. Why were they just received today? Whitehead: Well, I -- we didn't get the landscape updated until just recently and it was my fault for not getting -- us getting it in sooner. I just -- I didn't know if it was going to be such a concern having it relocated to that lot. De Weerd: It takes staff time to evaluate, so they can make a recommendation to City Council and I guess it's just consideration of staffs time and the neighbors. If they came into our office to look at what would be proposed tonight, we wouldn't be able to show them what is currently in front of them and I don't think that is fair to the public either. So, I guess that's my point. And it's not to chastise you, but maybe it is, so -- Council, any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: So, what we see here is not what you're saying, you're saying this lot will be an additional 50 feet? Whitehead: Is increased. It was originally 35. Rountree: In width? Whitehead: And we increased it to 50. Rountree: And that is taken out of all these lots cumulative and -- Whitehead: Uh-huh. We reduced them in size. Correct. Rountree: And they remain in excess of 8,000 square feet? Whitehead: Correct. Rountree: Okay. De Weerd: Mr. Borton. • Meridian City Council January 22, 2008 Page 38 of 101 Borton: Madam Mayor. Sabrina, I understand you're kind of in a jam, but I tend to agree with the Mayor in this situation and at least for me the evaluation of the planning department and their comments and review are critical in gathering all the information, not only for us, but also for the -- for the public to be aware of what's going on. Having something provided the day of, for me I wouldn't even want to go one way or the other and approve it or not approving the project until that's done and I am extremely sensitive to delay and I totally understand what that -- what that means to a developer and the financing, et cetera. In this situation it doesn't look like there is really any -- any unique excuse which justified what's become a huge delay. What I'm getting at is my sense would be is just to continue the matter. I mean I, for one, am not comfortable going forward to approve anything today until staff has a fair opportunity to review it, to look at it, comment upon it. So, that sort of shortcuts where we are at, at least for me right now, but I think just to be fair to your client and fair to staff there -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not to be repetitive, but what you're describing sounds like very good changes and I appreciate that you have taken the time to make these changes and I think along with what has been said, you can understand our needs to do that. I mean there is a lot of things that happen. What may seem like a very minor adjustment in the plat, in order to move the drainage lot from where you did to across the street, something has to change in the drainage flow, so, you know, the planning staff needs to look at it and the Public Works staff needs to look at it to -- to see what those changes mean: So, it doesn't mean we don't appreciate that you're probably going the right direction, so -- Whitehead: Sure. No. I understand. Zaremba: We need our staffs input. Whitehead: If you feel it would be best to table it -- to continue it for the review, I'm a hundred percent in support of that, so -- De Weerd: Okay. Thank you. Any other questions from Council? Thank you. This is a Public Hearing and so we'd invite any members of the public who would like to comment at this time. Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council January 22, 2008 Page 39 of 101 Bird: What I'm hearing is -- from Councilman Borton is probably continuing these public hearings, which right now Councilman Rountree and Mr. Clerk, Berg, needs to tell me, but I think probably the 18th of February would be the soonest we could -- De Weerd: That would be the 19th. Nary: 19th. Bird: 19th I mean. What did I say? Nary: 18th. Bird: 19th is the soonest we can get it. I would like to see the preliminary plat as presented today, not what we are getting here, and I'd like to see how those other lots are -- how the 15 foot's taken out, whether it's two foot per lot or 15 foot out of one or -- or what. And so I am with Councilman Borton and if the other Councilmen want to, I would like to continue these public hearings until February 19th and get -- get that preliminary plat drawn like the proposal they want to present and have it before us. Rountree: Madam Mayor, just for Council's consideration, the preliminary agenda for the 19th is pretty busy. I mean we have -- we have Town Center -- it was continued. But that may not happen. Probably won't. But we have South Meridian Comp Plan amendment as well. I mean we can try for the 19th and if Town Center doesn't show, which like I said, probably won't -- have you heard anything from them? Canning: Madam Mayor, Members of the Council, Councilmember Rountree -- or President Rountree. Got it the second time. Rountree: Whatever. Canning: I had never anticipated you would get much on February 19th, other than an update as to whether or not they have turned in the traffic study and I have not heard that they have turned in the traffic study yet, so I can almost assure you that we won't have anything to present to you on the 19th. Rountree: Well, that looks like a reasonable date, then. Bird: Is the 19th okay? Nary: Yeah. De Weerd: Okay. Zaremba: Was the motion seconded? I would if not. Meridian City Council January 22, 2008 Page 40 of 101 De Weerd: There was amotion -- Bird: I was going to. Zaremba: Oh, I thought Keith made it. Bird: No. Borton: I appreciate the second in advance. Madam Mayor, I would move that we continue Items 14 and 15, AZ 07-013 and PP 07-017, to February 19th. Zaremba: It would be my pleasure to second that motion. De Weerd: Okay. I have a motion and a nice second on Items 14 and 15 to continue the Public Hearing to February 19, 2008. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: f2Z 07-015 Request for a Rezone of .28 of an acre from an R-8 residential zone to an O-T zone for 6~' and Broadwav Proaertv by Linda Loehr - 532 East Broadway Avenue: De Weerd: Okay. Item 16 is a Public Hearing on RZ 07-015. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the 6th and Broadway property and it's located at 532 East Broadway Avenue and the application before you tonight is a rezone -- it's a rezone of .28 acres from R-8 to OT. The applicant is requesting the rezone, so that they can build a new two story four-plex on the site. Under current code multi-family developments are not a permitted use within the R-8. The Old Town zoning district allows multi-family development as a principally permitted use. Due to the small size of the subject property and the applicant's intent to improve the site, staff believes that a DA is not necessary in this instance. And that's, really, because of the requirement for the design review. Most likely they will be subject to a conditional use for design review and, therefore, we didn't recommend the DA. We do have some elevations for you tonight. This is the site plan. Point this out a little bit. The streets run on the bottom of the page and to the left and, then, an alley runs on this right side. You have parking off the alley and, then, two parking off of the street. De Weerd: Anna, do you want to move the microphone closer. • Meridian City Council January 22, 2008 Page 41 of 101 Canning: Yeah. I'm struggling with trying to see out of my new glasses, so I apologize, I'm having a hard time getting everything -- De Weerd: That doesn't sound good. Canning: The gray hair you can cover. The need for glasses is a little tougher. Here are the elevations. This is the roof plan and the reason that the planner wanted to include the roof plan is to show that the applicant has increased the complexity of the roof line over time. You would have noticed some old elevations versus new elevations and they are fairly subtle, but they have increased -- made an intent to increase the complexity of the building and vary the roof lines and provide some additional materials. With the -- so, the applicant did submit the elevations and they are all two stories in height. They all incorporate front porches and provide eight covered carports. Staff is recommending some changes to the application's elevations and site plan to insure compliance with the downtown design guidelines. If the following changes are not made, the applicant may need a CU to construct the four-plexes and that's, again, if it's not consistent with the design guidelines, a CU is required. Staff believes the building should shift five feet to the south to allow more turning radius into the rear parking off the alley. This area. This shift will allow the side of unit one to be built right up to the back of the sidewalk on Broadway. Parking stalls three and four should be relocated towards the alley to provide the future tenants more common area. Align these parking stalls with the other parking stalls. Staff is concerned about the parking stall number eight being so close to the 6th Street alley intersection. Parking stall number eight should be shifted to the next parking stalls number one and two. More articulation should be shown on the front facade along 6th Street. Units one and four should shift so they are --one and -- let's see. One and four are these two units. So, units one and unit four should shift, so that they are built to the back of the sidewalk on 6th Street and this shift also provides a screen for the parking areas and adds modulation to the front facade. Staff is recommending changes be done prior to submittal of the CZC. The Commission recommended approval at their October 4th, 2007, Public Hearing. Linda Loehr, the property owner, and Dennis Loosli, the applicant's representative, spoke in favor. John Coles spoke in opposition. No one commented. There was one letter in opposition from Mrs. Cole and neighbors. Key issues of discussion by the Commission. None. And there were no substantial changes to staffs initial recommendation. The outstanding issues for City Council are the neighborhood opposition and perhaps the need for a DA. Written testimony since the staff report, you are hearing this item tonight as a request for reconsideration from the applicant. They had a previous hearing that the applicant was not able to make and, therefore, requested a reconsideration. And with that I'll answer any questions that Mayor and Council may have. De Weerd: Council, any questions? Okay. Is the applicant here? Would the applicant like to provide testimony? Well, if you want to talk you have to provide testimony. You will need to state your name and address for the record. Meridian City Council January 22, 2008 Page 42 of 101 Loehr: My name is Linda Loehr and my address is 843 West Creek Beny in Meridian, Idaho. De Weerd: Thank you. Loehr: Madam Mayor, I'm not a very good talker, so I just would like to -- De Weerd: That's all right. None of us are. Loehr: -- get this rezoned, if it's possible. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Director was making some suggestions and I assume you were listening to them, had them given to you. You are in agreement with the changes that are being requested? Loehr: Yes. Zaremba: Okay. Would you say that loudly? Loehr: Yes. Zaremba: Thank you. De Weerd: Okay. Anna, while the applicant is at the podium, what -- what was the basis of the reconsideration? What are we reconsidering? Canning: Madam Mayor, Members of the Council, there was a family emergency the night of the hearing and the applicant just couldn't make it and without an applicant, as sometimes happens, the Council just, without much discussion, moved to deny the project. De Weerd: Oh. Now I remember. Zaremba: Madam Mayor? De Weerd: Yes. Meridian City Council January 22, 2008 Page 43 of 101 Zaremba: My recollection would be that at the time, along with staff, we were not happy with the elevations that were presented, with not the opportunity to discuss it, that was why it was denied, so it sounds like -- to me the elevations are being improved and I'm glad it's being reconsidered. De Weerd: And you do agree with -- with where the recommendations are at at this time? Loehr: I do. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, with your comments and suggested changes, does that bring it into full compliance with the downtown design guidelines in the Old Town? Canning: Madam Mayor, Members of the Council, the changes that I spoke of today are in the recommendation from the Commission, so they have been known for quite some time. We believe they do, but on design ones it's a little hard to see how they -- it's alittle harder to say if you do this, then, it will meet, but we believe that it will get the application there. It's not as easy as the site plan when you say increase it to 8,000 square feet, then, we know it meets a standard. It's a little tougher on the design guidelines, because they are more guidelines than standards. Borton: Okay. Canning: But we believe it will bring them into compliance. Borton: Okay. Thanks, Anna. De Weerd: Okay. Anything further for the applicant, Council? Rountree: I have nothing. De Weerd: Okay. Thank you. Loehr: Thank you very much. Meridian City Council January 22, 2008 Page 44 of 101 De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, seeing no additional public testimony, do you have any information that you need from staff? Borton: Madam Mayor? De Weerd: Yes. Borton: Not from staff, but I think the applicant's representative maybe has a rendering. De Weerd: I'm sorry, sir, but we need you to speak on the record. Borton: Madam Mayor, I had seen you hold that up and wanted to give you a chance to -- Loosli: My name is Dennis Loosli. Address 1220 North Meridian Road, Suite B, Meridian, Idaho. De Weerd: Thank you. Loosli: And here was a rendering that the architect had drawn up. Borton: Madam Mayor? De Weerd: Yes. Borton: Does that incorporate the changes recommended by staff? Loosli: f thought it had, yes. Bird: It looks like it's up to the sidewalk. De Weerd: They have seen those changes. Loosli: Would you like me to bring this closer? Canning: No. I can actually -- make distance vision is pretty good. It's the close-up stuff. No. I'm just -- it does appear to have the modulation of unit one and unit four and it does appear to be -- the site concerns are -- appear to be met. Borton: Madam Mayor. I don't know if that's something that you have got in electronic format -- Loosli: Yes, we do. LJ Meridian City Council January 22, 2008 Page 45 of 101 Borton: -- that can be provided and incorporated into -- Canning: Madam Mayor, Members of the Council, they will need to submit for a certificate of zoning compliance and at this point we are recommending a development agreement, so there would be no need to collect a copy of that, other than -- Borton: You are recommending? Bird: Yes. Borton: Okay. Canning: No. Right now we are not recommending a DA. So, if Council wants to attach these elevations to a DA, then, that would need to be in addition to the Commission's recommendation. Borton: Okay. De Weerd: Okay. Anything further, Council? Rountree: I have nothing. Bird: I have nothing. De Weerd: Okay. If there is no further information needed, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on RZ 07-015. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. • Meridian City Council January 22, 2008 Page 46 of 101 • Bird: I move that we approve RZ 07-015 and to incorporate staff and applicant and public testimony. In particular applicant's agreement to re-adjust the building and make some changes as directed by the staff. Rountree: Second. De Weerd: Okay. I have motion and a second. Mr. Bird. If you will add on the elevation to be submitted to the city and tied to this. Bird: New elevations to be submitted electrically to the city. De Weerd: Okay. Second agree? Rountree: Second agrees. De Weerd: Okay. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. We have been meeting since 5:30 and, I apologize, but we need to take a ten minute break. So, we will reconvene at 9:30. (Recess) Item 17: Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224. 29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 18: Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 848 residential building lots and 100 common /other lots on 181. 11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 19: Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Meridian City Council January 22, 2008 Page 47 of 101 De Weerd: Okay. I'll go ahead and bring this meeting to order again and open the public hearings on Items 17, 18 and 19, which is AZ 07-016, PP 07-020, and PUD 07- 001,with staff comments. Canning: Madam Mayor, Members of the Council. This is the Castle Rock project. It's located on the west side of Eagle Road midway between Amity and Lake Hazel. The property consists of 224. 29 acres. The applications before you tonight are annexation and zoning, preliminary plat, and planned unit development approval. The preliminary -- or the annexation and zoning is of 224.29 acres. R-2 for 45. 14 acre and R-8 for 179.16 acres. You can see those district boundaries on this illustration. So, the annexation does include the large lots on top of the hill. The preliminary plat consists of 847 single family residential lots and 99 common lots, on 182.08 acres. In the planned unit development or PUD is for deviations from the district requirements pertaining to lot size, street frontage, and building setbacks, to provide an opportunity for exemplary site development. The gross density of the R-2 area, including Black Rock Subdivision No. 1, is 2.39 dwelling units per acre. The gross density of the R-8 area 4.71 dwelling units per acre. And the overall density of the proposed development is 4.65 dwelling units per acre. And, again, that's excluding Black Rock Subdivision No. 1. Approximately 22.8 percent or 41.6 acres of the area being subdivided is being set aside for open space. There are some proposed development agreement requirements of interest -- or of note and those are that the applicant shall provide a ten foot wide multi-use pathway on the south side of the Ten Mile Creek, as depicted on the landscape plan. And the applicant shall construct said pathway to the parks department standard and grant the city an easement. The applicant shall construct a neighborhood park on the site. It's right in the center of the development. And dedicate said park to the city. The neighborhood park shall be constructed and accepted by the city prior to the 400th building permit being issued for this development. And, then, as far as the planned unit development allowances, were as follows: For the street setback, the living area would have a ten foot setback and garages, a 20 foot setback. For alleys, the living area would not -- on the village lots, which are these alley loaded lots down here, would have a ten foot setback and the garage would have a 20 foot setback and the side setback would be five feet in the Legend and Cottage areas. The applicant will have to describe -- let's see. The Legend series -- custom homes are in this kind of orangish -- darker orangish color. The Legend series is the -- this other lighter orange color. The Cottage series is this purplish one. Mauvish perhaps. And, then, the alley series homes are these down here. So, the side setback in the Legend and Cottage series -- so, that's in this orange color and this mauve, would be five feet, but within the Village area it would be two feet and eight feet. So, there would still beaten foot setback, it would just be kind of staggered. The rear setback would be 12 feet. A minimum lot size would be 4,200 in the Legend area and 3,800 in the Cottage area and 3,100 in the Village area. Minimum living area would be 1,400 in the Legend, 1,000 in the cottage, and 900 in the Village. And, then, we have varying lot frontages measured at the garage front setback from down to 40 and minimum lot frontage measured at the street from -- at 30 for Legend and Cottage and 40 for Village. The DA requires that they set side at least 22. LJ Meridian City Council January 22, 2008 Page 48 of 101 8 acres as usable open space. Construction materials used on the wall surfaces of all structures shall incorporate a minimum of three different types of materials. Materials may include the following: Vertical and horizontal siding. Board and batten. Shingle. Shake. Hardwood. Scallops. Stucco. Brick or stone. And that was per the Castle Rock design guidelines. All structures shall substantially comply with the building elevations submitted with this application, included in Exhibit A, and approved with the application. And I will run through those. The applicant I know will provide more detail on these. We have quite a few elevations. The Commission recommended -- the Commission held a hearing on this item on December 6, 2007. At that Public hearing they moved to recommend denial of the subject annexation, zoning, preliminary plat, and PUD request. Jerry Armstrong and Justin Lucas from Hubble Homes spoke in favor, as did Shawn Tracy. Craig Sabala, Tony Sabala, Charmaine Anderson, Debbie Wickham, Tim Foster, Russ Fulcher, Tim Taylor, Tom Sylvester, Jenny Foster and Darwin McKay, spoke in opposition. Barbara Fulcher commented. And there was no written testimony provided. Key issues of discussion by the Commission were clarification of the cooing concept proposed within the development. Adequacy and the number of parking stalls proposed on the city park site. The effect of traffic generated by the proposed development, with traffic signals at the Eagle-Amity intersection and the entrance to the subdivision. The donation of the 7. 1 acre -- 7. 19 acre park to the City of Meridian, including the ground, lawn, sprinkler, trees, and parking lot. The requirement for the structures is to incorporate three different types of materials on the wall surfaces. The proposed density of the plat in relation to the desired density contained in the Comprehensive Plan. Not enough transition in lot sizes between the lots on periphery of the development and the adjacent rural lot properties. Allowing the applicant to -- the opportunity to continue the project in order to redesign the plat according to the Commission's discussion, instead of issuing a recommendation of denial. The applicant was given that opportunity to continue the project. However, the applicant declined for timewise reasons and asked that the Commission forward a recommendation onto the City Council. Outstanding issues for City Council. The Commission, as noted, did recommend denial for the following reasons: The majority of the Commission felt that the proposed density of the plat does not meet the intent of the Comprehensive Plan and that a step up in density to R-8 is too high for the area. And, two, the Commission would like to see larger lots along the perimeter of the subdivision, especially adjacent to the Black Rock ridge area. So, we have received written testimony since the staff report and, in fact, we have received a revised plat and product exhibit, both dated December 21st. Staff has reviewed the revised plat and sent a memo to the City Council, dated January 17th detailing the proposed changes. Basically, those changes say -- are that the lot size and number -- there are larger and fewer lots are now depicted along the southwest -- southwest and northwest boundaries of the plat. So, along here, here, and along the west. The original plat consisted of 847 buildable lots. The revised plat consists of 789 buildable lots. Open space -- the open space that was originally shown on the rear of the lots along the south boundary, has been removed and other open space areas have been reduced in size. The original plat consisted of 22. 8 percent of open space. The revised plat consists of 21. 3 Meridian City Council January 22, 2008 Page 49 of 101 percent. The overall density of the original plat was 4. 65 dwelling units per acre. The overall density of the revised plat is 4. 33 dwelling units per acre. The density of the area designated low density residential on the Comprehensive Plan was originally 4. 48 dwelling units per acre. The revised plat depicts a density of 3. 5 dwelling units per acre. And, again, those numbers do not include the existing Black Rock Subdivision. Although staff has not performed a comprehensive review of the revised plat, these appear to be the major changes that are not reflected in the staff report. For tonight's hearing staff did receive -- and I know that Council received additional written testimony from Russ Fulcher. And with that I will answer any questions. The applicant did inform us early on that they would be providing a revised plat. Staff is always in a -- a little bit of a difficult situation with revised plats, because we feel obligated to bring you the Planning Commission's recommendation and that's what we do. That's why those were outlined in a separate memo to Mayor and Council regarding the revised plat. De Weerd: Anna, it seems like there is a substantial change in the plat and it certainly, I believe, was initiated because of the comments at the Commission and probably the subsequent denial. But these look substantial. Shouldn't they go back to -- what is the proper procedure of that? Should not they go back to the Commission, rather than to come to Council? Canning: Madam Mayor, Members of the Council, that is certainly an option left open to Council to remand it back to Planning and Zoning Commission. We did discuss with the applicant that that would be a possibility. So, they are aware and prepared for that. The changes within those areas -- they did not relocate roads. What they did was combine lots in these areas. So, they, basically, would just reduce the number of lots there, without changing the road pattern. So, although it's substantial because of the number of changes and just the sheer size of the project, they were fairly easy to visualize, but we certainly warned them that a remand back to Planning and Zoning Commission was maybe in their future. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Anna. Anna, do you think that this revision -- and I'll ask the applicant as well, but from your perspective this revision was an attempt to address all or a portion of the comments that were received from Planning and Zoning? Canning: They were clearly an attempt to address what they felt they could address from the Commission's concerns. There is a -- there is -- the question with regard to density was not resolved and I haven't highlighted it much. Basically, a portion of this is shown as low density and if you -- if you calculate in the existing Castle Rock, which is Meridian City Council January 22, 2008 Page 50 of 101 part of this annexation, it brings those densities into line. But the preliminary plat, as you look at the Comprehensive Plan boundaries, the plat, in and of itself, does not meet the density targets and that was a big issue of discussion and it was just an agreement to disagree on how to calculate the appropriate density for that project, whether or not to use the existing Castle -- or Black Rock property. So, that issue has not been resolved. I think the other issues with regard to buffering the larger tots along the rim and along the boundaries, they have attempted to meet the concerns expressed by the Planning and Zoning Commission. Rountree: Madam Mayor. Anna, does staff utilize some type of formula for calculating the density? Canning; Just units per acre. Rountree: But in this particular application it's multiple acres with multiple zoning. So, is it by application or is it by a spot on the map or how is it calculated? Canning: Madam Mayor, Members of the Council, typically, we do not have an annexation area that varies this significantly from the preliminary plat. So, to my knowledge we have never had to address this issue. Rountree: Okay. Thank you. De Weerd: Steve, did you want to go ahead and make staff comment at this time about the park? Siddoway: Madam Mayor, Members of the Council, on November 14th, 2007, the Parks and Recreation Commission did meet and discuss with the applicant the proposed neighborhood park that is in the center of the project. The Commission does recommend approval of the proposed partnership and as it came before the commission there were originally additional lots that -- that wrapped down this west side and the proposed parking lot came into center of the project and kind of bisected the park. Based on the Commission's discussion, they have removed those lots and increased the number of parking spaces available to address the Commission's comments. Staff comments to the Commission at the time -- or, actually, recommended removal of the lots that wrap the park to try and provide additional views and accessibility into the park. If you -- can you go back to the plat, Anna, or -- as you can see with the park located here and the lots that are along the north side, there are several streets that come into the park that could terminate with a vista into the park if those lots were not there and that was -- that's an outstanding issue from a staff perspective. However, what is shown here does meet the commission's requirements of the -- of the applicant. So, that would be the only outstanding issues from the -- from staffs perspective and I'll stand for any questions. Meridian City Council January 22, 2008 Page 51 of 101 Rountree: Madam Mayor? De Weerd: Thank you. Mr. Rountree. Rountree: A couple questions for Steve. Again, you feel that the parking provided would be sufficient for the kinds of uses that would occur at this -- Siddoway: Yes. The amount of parking in the revised plan I believe is 49 spaces, if I'm remembering correctly, and for a neighborhood park that would be adequate. Rountree: And I guess this is a -- I'm seeking your opinion, but one would think that the neighbors adjacent to a park would be a good thing and there would be a good neighbor relationship. However, I've not found that to be true. There becomes a turf battle between the neighbors and the park in terms of, well, it's not green enough or the leaves are not picked up on time or somebody's playing near my backyard. I have some issues with that. What's your opinion as a new parks administrator? Siddoway: Well, I -- I certainly see -- there are always those types of conflicts, whenever you have active public recreation uses, ball fields, playgrounds, next to back yards. My initial recommendation was to remove that entire row of lots from the park, so that you just had a -- kind of a central park with a ring road and all the roads just kind of terminated into it. It would address the types of concerns you -- you bring up. When I look at the road configuration, if the -- for me, if the -- if the issue is really the access and the views and the terminal vistas for each of those roads to be able to have the park at their end as you drive through the subdivision and really make it part of the community and their identity, that -- that road there is the most critical for me, as additional lots to remove adjacent to the park, but certainly I -- by removing all of them you would address those concerns that you bring up. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If recollection serves me correct, at some point in this process I thought there was also a request from the police department not to have that same row of houses there and I guess I would ask the police department to chime in as well. Lavey: Madam Mayor, Council, I am not aware of my staff recommendations as far as removing those houses and any recommendations that the police department had would be contained in the staff report that Anna provides today. Zaremba: Thank you. Meridian City Council January 22, 2008 Page 52 of 101 De Weerd: Council, anything further? Rountree: I have nothing at this point. Bird: Not at this time. De Weerd: Okay. Anything further from staff at this time? Okay. This is a Public Hearing -- Zaremba: Are these the elevations? Canning: There is a variety of material. De Weerd: This is a Public Hearing and we were going to hear a presentation about a particular type of application called coving that is part of this application. Council did not want to hear it separate, so we did offer to allow up to seven minutes extra to the applicant's presentation to talk specifically about coving. So, I would suggest to the applicant let's hear the coving aspect first and, then, we will enter into your time element for the application itself. Armstrong: Madam Mayor, City Council, my name is Jeny Armstrong. My business address 701 Allen Street, Meridian, Idaho. I'm currently the vice-president of land development and planning for Provident Development Company. What I'd like to share with you this evening is just the general concept of coving. This is unique to Meridian and so we thought it was really important to kind of understand this concept. We spent a great deal of time discussing this issue with Planning and Zoning to try to get them to understand what Coving is about. In introducing this -- this new concept, what this is about is the feeling you get as you progress through a subdivision. In other words, as a car is moving down the street, the headlights would shine into this green open space that's in front of these homes, rather than into the homes themselves. What it does is allows for increased landscaping within this coved area that you don't normally see in normal subdivisions. The other thing you get with the curved street is a variety of orientation of the houses, all of the houses facing a different direction, instead of being all lined up in a row. The other thing it does is it increases the front yard setback. Instead of the house sitting up next to the road, you have a great deal of setback from the street. In addition, you get a meandering sidewalk through this landscape area, rather than just an attachment of the sidewalk to the curb. This gives you a lot more feeling of meandering sidewalk and allows for a lot more landscape. Next. This is an illustration of a typical subdivision. The same amount of land as the coving concept. The difference is if you look at just the road configuration here, you will see that the roadway itself, just right of way, eats up 23 percent of the total ground mass of the same size, where on the coving concept you utilize only 11 percent. So, you almost cut in half the amount of roadway in the coving design. What does that mean? What that means Meridian City Council January 22, 2008 Page 53 of 101 is it helps solve one of the problems we currently have with ACHD and that is they can't maintain all these roads that we are building and this cuts down the amount of asphalt that we are putting in the road. In addition to that, we are also talking about all the utilities that go in that street as well. The storm drainage system, your cable system, all the various utilities that go in that roadway system, you have reduced them by almost 50 percent. The second issue is by better utilization of the land you actually increase the size of the lots. For example, in here these lots are roughly 13,000 square feet each. With the coving concept they are 14,000. So, it increases the number of lots -- or the size of the lots. In addition, you increase the density, because the lots are narrower in configuration, you can put them in a different configuration and so you create this meandering -- or the very front setbacks, you also have what we call facade modulation. So, a number of -- a key issue is you're adding curved streets, which, actually, reduce the speed. You have a varied front setback. You have the facade modulation. You can see how these houses look laid out on these various lots, versus all in a row. You have the increased open space and you have decreased roadway. Here is an aerial of an example of coving that inserted in a standard subdivision. This is down in Spanish Fork, Utah. This is an aerial. These two subdivisions on either side were built first. What this shows is a coving concept coming through the middle of this area. What you can see from the area -- or from the aerial view is you can see these large areas of open space in here versus the standard subdivision where there is no open space in this. Same amount of road area. In here there is more density in the coved area. We took these neighbors and we had them stand down here at this same comer, the same comer that they stand in their subdivision and we asked them which development had the higher density and they said their subdivision did, versus the coving. So, you get the illusion of more open space and it actually decreases the roadway as well. This is an example in our project that we are proposing here, this is where our Cottage series are. But what we have chosen to do with this is instead of the roadway following this line, which would normally be the setback line of the lots along here, you can see that the roadway substantially decreases in the amount of area. You're also putting a trail through there and you're also adding more to the front yard. The reason you're doing that and the reason why we are asking for the R-8 zoning is because the lots don't meet the minimum size and the width. The width of the lot is ac#ually back at this build to line. So, what we do is establish on the plat what we call a build to line. That's this line right here. So, you're actually building the houses to that varied line back there, rather than the lot line, which is out at the -- out at the street. What are the benefits of coving? Number one, you get a decreased length of street and maintenance cost. In the case that we compared, our new layout versus the old layout, even with higher density we are reducing the lengths of street by 24 percent. We are talking about reduced public utilities for more efficient delivery of services and we are, again, reducing the amount of public utilities in the streets by over 25 percent. The additional benefit you get is reduced maintenance, of course, of that sewer water over time, as well as the reduced maintenance of the street over time. But the real neat thing is you really provide increased open space in the other areas and we have not included in our open space calculation the coving, which is an additional benefit to the -- to the calculation. One of Meridian City Council January 22, 2008 Page 54 of 101 the things that this promotes, then, is higher densities, which also promotes sustainable development over time, because you can afford to pay for the maintenance of these benefits. So -- so, with that, that's pretty much the coving. If you have any questions I would be happy to address any of those. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: On the coving, I know the lot line goes out to the road. I take it that the developer will put in the landscaping and walkway and stuff like that and, then, each homeowner will be responsible for upkeeping it, just like the rest of their property; right? Armstrong: Yeah. This, actually, owned -- is owned by the property owner. Bird: That's what I mean. Armstrong: They actually own that land and they take care of the maintenance of that landscaped area. Bird: Who puts in the walkway and stuff, the meandering walkway? Armstrong: Well, in this case, you know, the developer's putting in the walkway, as well as the front yard and landscaping. Bird: Because I was going to say, some of those individuals might not want to put in a walkway or something. Armstrong: Right. And, traditionally, the way this is done is you make a requirement for the developer to put in the sidewalk, as well as to put in the landscape and sprinkler in that particular area out there, because that benefits everyone. And you want kind of a uniform appearance, you don't -- you don't want a whole bunch of difference. I can give you kind of an example that -- I have a project that I worked on, oh, almost 25 years ago. It is down at Riverside Village in Garden City with those lakes that are -- as you drive down Riverside Village you notice it has a coving, that road meanders through there. It's offset from the Boise River. That's an example of what coving is and that was done a number of years ago there in Garden City. And you can see that generous setbacks and a lot of that is maintained -- the way we chose to do it in that particular case was under the HOA. So, the HOA maintains that natural green area and the sidewalk, so that -- because they team from that experience that there was more continuity of control over the landscape materials that go -- go in there. And it's been very successful. Meridian City Council January 22, 2008 Page 55 of 101 De Weerd: Well, that makes more sense than having each property owner maintain it differently, fertilize it differently, mow it at different times -- I mean there wouldn't be a unified look to it. Armstrong: Right. And legally, though, they do own that lot. They do own that lot. But it's the same thing, you know, when you run lot lines a lot of times out into a water amenity like a lake, the lot lines run out into the lake physically, but the lake is maintained by the homeowners association. So, it's the same feeling, because you want the same look and feel of the beaches and everything else along the waterway, so that's typically, legally, how it's down. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba.. Zaremba: It definitely makes sense to me that there should be common maintenance to it. The other question, since each plot is individually owned, it would seem to me there also needs to be across-access agreement, because if I owned one of those houses, I'm allowing the public to walk through my property. Armstrong: Yeah. There -- Zaremba: Are you providing cross-agreement? Armstrong: There has to be in that case to have that sidewalk there, if it's owned in common. In other words, if it's maintained in common. I'm sorry. Rather than the individual taking care of that piece of sidewalk. The other thing -- the other unique thing about this concept is in some cases you will see in like Riverside Village, they actually had common driveways. So, instead of having two driveways or 24 foot wide concrete pad leading up to their home, there is one driveway that's only 12 foot wide that serves two 24 foot wide garages, so instead of 48 foot of asphalt, you put that in green and you only put in a 12 foot wide driveway leading up to those -- those homes. It's, really, a way to provide additional landscape. De Weerd: Any other questions, Council? Bird: Madam Mayor, if I may ask. On your build line, you don't -- your width of your lot at the build line is pretty close to an R-4 width, isn't it, Jerry? Armstrong: That's correct. What happens is -- is right here at the build to line we do meet the -- your standard width requirement on all the lots. The issue is that out at the street, because of the taper, it doesn't. And that's one of the problems with regulations when you regularize the size of lots, you can't bring in the creativity of varying frontages Meridian City Council January 22, 2008 Page 56 of 101 on lots. And this solves that issue, because part of the platting process -- we, actually, put on the plat this -- this build to line here, which establishes also this setback line that you see for each of the individual pads for the homes. The other thing I might mention is because of that, if this is your minimum lot, what it does is give each of the owners a larger backyard. In other words, they are all wider in the rear as well. De Weerd: Okay. Any other questions about the cooing concept? Rountree: I have none. De Weerd: Okay. Thank you. Armstrong: Thank you for allowing me the time to present that, because it is a difficult thing if you haven't seen it before, to kind of get a total grasp of what's going on, so appreciate your time on that. De Weerd: Okay. We will go ahead and take your presentation on the application Castle Rock. Armstrong: Okay. What I want to talk a little bit about is -- so you understand why we asked to have this moved to the City Council from the Planning and Zoning, was an issue of timing. We have some large real estate contracts that are due on the 13th of February and so we wanted to bring it before the Council, so we could at least get your -- our look see at the whole thing. If there are changes, we would be happy to go back and do them, but we -- we needed to for the timing of those contracts. Just know that since we met with Planning and Zoning we had a second neighborhood meeting regarding the redesign. In addition, we have met with the staff. The other thing that was missing at Planning and Zoning is now we have the approval of the ACRD commission on the transportation piece. Our revised layout, we have more transition of the lot size, which they had requested. The overall decrease was the 59 lots and, in addition, just know that we are in full agreement with the planning staffs original conditions of approval. We wanted to contrast the original application of the Castle Greens, so you get a quick picture. Originally we had 644 lots. Prior to Planning and Zoning we had 848. We now have 789. The units per acre, contrast the old plan, 3. 62 to 4. 33. We increased the open space from between 27 acres to 39 acres, 29. 3 percent. We have added four different housing types. We have upgraded the architecture. We have dorfe innovative land plans, as well as design guidelines. The context in which we did the design was recognizing this prominent ridge along here, which goes from 100 feet vertical down to 32 feet. The Ten Mile Creek, which his all on our property. In addition, relocation of the Beasley Lateral. You can see on the site plan this is the existing Black Rock development here with the green space in the middle. This is that ridge, runs along here. At this end it's about 100 feet vertical and about 35 at this end. So, all these houses up on this ridge actually look out over top of any homes that would be built at that lower level. The other key feature was moving the Meridian City Council January 22, 2008 Page 57 of 101 original park from this location back to the center of the piece, so that from these lots up here you would have the view of this large park area, which is also increased in size. In addition to that, the other features are for these people up here are these open spaces that we created by doing the cooing, in these areas which would have various activities in those. We even centered this Village around about a one and a half acre park. The other thing, instead piping the water out of this Beasley Lateral, we chose to open that up and have a water feature through the site. And here this is that Ten Mile Canal that's located along here. We are allowing about a hundred foot buffer along there, which would be a landscape buffer area. This is your current Comprehensive Plan. To kind of address the question that came out earlier, this is an imaginary line that's drawn on your current Comprehensive Plan where this green is. That's showing low density, zero to three units per acre. If you calculate that out, we are providing 257 units total in that area, which is the total annexed area. That's two and a half units per acre. For the medium density, which is in the yellow, is designated as three to eight units per acre. We are providing 570 units there at 4. 74. If you take the total area, the green and the yellow, and add them together, the low and the medium, the total allowed on this total site is 1,208 housing units. The annexed area total is the 224 acres. A total of 833 units, for an overall density of 3. 71. Transportation is key. I think the chief talked about this earlier. Prior to the -- right at the beginning of the -- of the development we would provide an emergency connection to White -- through White Bark Subdivision to Amity Road. We agreed with the ACHD commission. Went back and negotiated to add a signalized intersection at Eagle and Amity Road at the 127th lot, which is paid by the developer. We would also provide a signalized intersection with dedicated tum lanes at the entrance of the project, which is about the half mile section after the 400 -- or prior to the 400th lot. We would also review at the 200th lot whether or not that would be needed. The transportation by having the on-site recreational opportunities, will actually reduce vehicle trips per day. We have the possibility of a shuttle service that will be operated by St. Luke's, as well as Valley Ride, a transit stop that we have agreed to build. I want to talk about the architecture. What we have provided here -- and you have a copy of our Comprehensive Plan design guidelines. We have had housing diversity, four distinctive housing types, with the emphasis on adding front porches and comer elevations, as well as facade modulation to all the units. You will see our custom lots here, which was an addition from the Planning and Zoning. These are all approximately quarter acre lots, so that provides a transition from these half acre lots into the quarter acre. There is 120 of those custom house sites. The custom house sites would be two different kinds of housing types. One would be a custom builder partnership or the Hubble signature series of the higher end product, upgraded architecture, a commitment to do ten percent brick or stone. Three materials, as expressed by the staff. Living spaces or porch would extend out to the street beyond the garage and we would have comer lot architecture. These are some pictures of those. This is our Legend neighborhood. These are our larger series of homes in this area. You will see they are all orchestrated around these common open areas where people can meet and greet. This is the neighborhood. You will see these are not all lined up in a row. These all have the front articulation of the architecture. We have a • s Meridian City Council January 22, 2008 Page 58 of 101 variety of material, board and batten and brick, other features all along, so both sides of the street have a very different kind of look and feel. The Legend series have distinctive lifestyle floor plans that are unique and upgraded and we have upgraded elevations facing the open space, as well as the larger lot. This is our new elevation, which -- which we reviewed with staff, showing the various materials. All these with the front porches. This is our Cottage neighborhood. This is around that Beasley Lateral and is also orchestrated around these open spaces, as well as face on to the neighborhood park. You can see that all the housing type in here, the architecture, the main part of the house, extends out beyond the garage. So, they are no longer garage dominated elevations. This is an entirely new series and the homes will start at 900 to 2,400 square feet, with the patios and living spaces extended towards the street and extensive facade modulation. You can see the extra architecture that we are adding into this specific unit. The rear architecture, we'd also have a variety of material types and large extensions and overhangs. Then, we have the traditional Village. These are our alley- loaded product that are organized around an additional park that is for all age groups. These are the alley loaded. Has unique architecture. They all will have porches facing out onto the street all along here, so as you drive down a street all you see are front porches. The living spaces are ran into the side yard and we offer these in both one and two story floor plans. Here is your two story. Here is your one story with the front porches. This is a site plan of one of the units, which shows the living has been organized off to the side of the unit, rather than to the front or to the rear. Landscaping. We will provide sod and sprinklers will be installed in front of all yards of every house in the development. The homeowner will be responsible for a minimum of one tree and five shrubs in the front yard within 30 days of closing, as required by the CC&Rs. We also are offering additional full landscape packages. Our space amenities include the neighborhood park, pocket parks, gazebos, tot lots, basketball courts, bike paths, and, then, we have the landscape buffers along Ten Mile Creek and the spine road. Again, the city neighborhood park, which is kind of the center piece of the whole thing. This is the neighborhood park of the Village Green. Again, we are providing something for all age groups, with basketball, tot lot, gazebo. We will have picnic tables. We have these pocket parks. Each one of them would have their unique identity where they would have basketball for the teenagers. We would have tot lots and areas for the elderly and for the young tots. Different amenities in each of these specific areas. The Beasley Lateral, which would be about a hundred foot wide in width, we would provide a major trail running through here, which could become a regional trail, as well as the water amenity through this area. In addition, we have agreed to put in landscape buffers from the neighbor over here, who suggested that we provide an intense landscape buffer. This is a picture of what that buffer would look like. Also, we committed to the people up -- living up at Castle Rock along the spine road, we would also do heavily landscaped buffer along that entire spine road, which would look like this. The neighborhood park, we did meet with the parks commission. You know that we got their approval for this current layout. One of the issues was that we needed to have over seven acres, which we did. This is 7. 19 acres. This is a park that's designed for all age groups. I would also like you to know that Hubble Homes is donating this entire i ~ Meridian City Council January 22, 2008 Page 59 of 101 park to the City of Meridian, not only the property, which is worth 898,000 dollars, but also all landscape with sprinklers for an additional 673,000, pathways for 15,000 and parking lot for 64,000. So, the entire gift to the City of Meridian is 1. 65 million dollars. In addition to that, we are networking all these parks, so you can walk through the entire development without walking next to a road, through atl these different parks, are all interconnected and they all come to this central piece, which is the large neighborhood park, but we have put in over five miles of trailway systems throughout this project. We also -- this is the regional park along the Ten Mile here, as well as this additional piece through here. The connectivity is we have the regional pathway along Ten Mile, which we agreed would be the ten foot wide. We also have over five miles -- this is what that would look like along the Beasley Lateral when it gets fully developed as more of a natural landscaping with the water. Clear linkages between all the parks and over 39 acres of connected space. So, with that I would like to thank you for your favorable consideration and open it up for any questions that you may have. De Weerd: Thank you. Council, questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Jerry, you made one comment several slides back -- I thought of stopping you, but it was with regards to the -- the landscaping in the front yards of the homes and I think it said something to the effect of front yards would be in within or at closing -- or prior to closing? Zaremba: Just the sod. Armstrong: The sod and sprinklers we will do. Borton: Okay. Armstrong: The sidewalks, sod, and sprinklers, we are installing those before we close ~ any house. Borton: Okay. Armstrong: And, then, the homeowner will be responsible -- because they may want to pick their own kind of tree that they want, but we are going to require that within 30 days of closing they will do a minimum of one tree and five shrubs. Now, they can choose to go ahead and have us do it during this stage, but we are allowing them at least the 30 days until closing. And, then, we do offer other full landscape packages, which include rock and some of the other upgraded packages as well. i ~ Meridian City Council January 22, 2008 Page 60 of 101 Borton: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Who is going to enforce the 30 day limit? Armstrong: We will. Zaremba: Okay. Let me ask Anna, if I may. Is the requirement to have trees and shrubs in the front yard only a CC&R issue or does the city also require that? Canning: Madam Mayor, Members of the Council, no, we do not require trees in the front yard. Zaremba: All right. Canning: We have policies related to trees in a landscape buffer for a detached sidewalk if you want it to count as open space. Perhaps that's what Councilmember Zaremba is recalling. Zaremba: Thanks. On -- same subject. On the -- what do you call it, houses that would include the coving, is that considered their front yard or would the trees and shrubs have to be out of the coving area? Armstrong: No. It's included in the -- that is their front yard. It's part of their lot. So, all that coving area that you saw will have the lawn and sprinklers in it. Zaremba: Okay. But, then, the trees and shrubs that they would install would go in that coving area as well? Armstrong: Would be the same -- yeah. Absolutely. Because that is their front yard, so -- and when -- one other thing. In those deeper lots, obviously, we have other landscaping packages that will -- will be a better fit. De Weerd: So, will there be common maintenance in the coving areas? Armstrong: Well, you know, we haven't really discussed that. We have not made that a condition for these people, but, you know, if that was desirable from the City Council's point of view, you know, I mean we would certainly take a look at that. I mean as you can tell by all the other open space that we have on the site, it's all going to be taken care of by the homeowners association, so you can imagine the dues are going to be Meridian City Council January 22, 2008 Page 61 of 101 pretty high for each of the individuals. But if that's desirable from the City Council, we'd certainly be willing to take a look at that. Bird: And, Madam Mayor, it would from my point, Jerry, because I think Mayor talked about it a little earlier, one person mows once a week and another person mows twice a week and one mows once a month, all in the coved area. You don't get a -- it don't look right. I think something like that where you put in and stuff, hopefully the homeowner association would have it taken care of and I don't think it costs that much more while you're taking care of all that open space at the same time. I would desire that if it was possible. Armstrong: Madam Mayor, Councilman Bird, I think how we would probably handle that is I know at Riverside Village it's more of an easement, so they create an easement to that build to line and, then, that's how they take care of that. The only impact is it, you know, increases the dues for the individual homeowner, but a lot of them like that service, just because it really does add to that uniformity of the entire area and really looks nice. Bird: Madam Mayor'? De Weerd: Uh-huh. Bird: Riverside is done that way, if I remember right. Armstrong: It is. Bird: And it's by the homeowners association. Armstrong: Yes. It's done by one landscape and, then, they put that out to bid every year for those services. Bird: I would prefer that myself, if it's possible. It's marketable. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Since Kyle's here this evening and somewhere in this pile of paper that I have got it's probably mentioned, but is Ten Mile or Beasley Creek, either one, subject to our floodway, flood zone requirements and have they been met? Radek: Madam Mayor, Council Members, Ten Mile Creek does have a FEMA map to flood plain. It's in our number A zone and I think this -- this development came through before we had our -- originally, preliminarily, before we had our flood plain application. but it certainly will be addressed before anything is built and from the looks of it what Meridian City Council January 22, 2008 Page 62 of 101 they are planning to do is, for lack of better words, not a big deal for flood plain it won't be hard to meet our requirements. Rountree: Thank you. De Weerd: I guess I would have a question regarding your difference of calculation of low density in that area that's next to the phase that's already developed and not in the city. Because it's not in the city and it's not part of this annexation application, why is that being used into your calculation on densities? Armstrong: This entire area is being annexed into the City of Meridian. De Weerd: The area that is already developed that already has houses on it? Bird: Castle Rock. Armstrong: That's correct. De Weerd: Oh. Armstrong: That was an agreement that was reached when the original Castle Rock Subdivision came through that -- there was an agreement between the City of Meridian and the development that -- De Weerd: To bring water -- Armstrong: -- the city would provide sewer and water to that development that when this contiguous land got annexed that it would all be annexed together. So, all the sales contracts in Black Rock reflect the fact that it would be annexed into the City of Meridian. Therefore, those calculations of the density. De Weerd: Now, also in the -- the first application some of the concerns expressed at that time was certainly the densities, but, then, also the look and the accent. Now, I did notice in one of your slides it said ten percent accent. Is that consistent throughout or are you going to have a higher accent requirement in the area surrounding the lower density? Armstrong: This is, actually, a higher requirement in those buffer lots and if we can go back to that -- that site. We, actually, chose to do two rows of housing, so as you drive down the street you would have the consistency and look and feel on both sides of the street as you drive down, so you don't have a different look. So, you have the quarter acre lot on both sides and that way you can control that facade modulation in those and we do have a higher level of architecture required. Obviously, we have to, because of Meridian City Council January 22, 2008 Page 63 of 101 the size of those -- those lots. We have to have premium dollars for those -- for those particular lots. So, therefore, the architecture will be substantially greater. De Weerd: And what does that mean? Armstrong: I think we had it in our design guidelines, but this pretty much discusses what that is, that we have agreed to the minimum of the three material types, we have agreed -- De Weerd: Oh, that's only the custom home sites, that's not the entire subdivision. I'm sorry, I -- Armstrong: This is the custom home. We broke it down into the Legends, but all of them have increased architecture, if that's the question. As I went through each one of those neighborhoods, they all have the distinctive floor and upgraded architecture. No matter which series it is, we committed to the upgraded comer lot elevations, the upgraded elevations facing out on the open space, which that means they will have porches and that. The only differentiation is in the lot size. And we have committed to the architecture that was shown in the design guidelines, which the staff reviewed and supported. And it's very carefully laid out in there exactly what the specifics area that we are -- we are required to do. And they recommended approval of that. Bird: Madam Mayor? De Weerd: Yes. Bird: Jeny, go back to the overall plan there. Right there. Are you going to phase this or how are we going to build it? Armstrong: Yeah. We have a phasing plan. Anna -- Bird: Have we got a phasing plan? Canning: I don't think it was in mine. Bird: Because the phasing plan is going to guarantee a lot of good architecture. Armstrong: Here is --our phase one will be right -- right in here. There it is. Bird: Okay. There we go. Armstrong: Thank you. So, we are going to do our model complex will be right off this entrance as you come in. That's the main entrance. We want people to see these homes as you drive in and these will all have the porches facing out on this spine road, ~~ Meridian Ciry Council January 22, 2008 Page 64 of 101 as well as a heavy landscape along this spine road. This will be our phase one. Our second emergency access is right here, which comes in and so we are bringing the sewer down, it will come down this street, and over into this phase one and, then, phase two we would build south of the road. So, this would be completed. Phase three would, actually, be the park and the center piece right here and, then, fourth and fifth would be in these areas. And the discussion was that if these custom lots were -- if we got good sales from down here, down here we have all four different housing types shown or represented in here. We might change these phasing to reflect the marketplace. Right now I can tell you that the sales that we area getting, in spite of what you read in the newspaper, our housing sales are -- were up in December to 51 units we sold in December in Ada and Canyon county. Out of most of those lots, people are favoring the smaller lots. We don't have enough smaller lots. That is the market. That's the reality. Bird: Madam Mayor, follow up. And this is just for my own consideration, but I feel by that -- that phasing makes me feel real comfortable, because you're going to build quality houses in one and two and three, because you want to sell six, seven, and eight and four -- Armstrong: Absolutely. Bird: -- and eight and if you don't build good quality houses there, you're going to have a hard time selling lots back there, so that -- I like that phasing. Armstrong: And part of our marketing is to have this open visual through here, so that people can really see these -- these homes as they come down Eagle Road. Borton: Madam Mayor? De Weerd: Yes. Borton: Jeny, there is comment in Exhibit B that makes reference to -- in fact, it states that it's the responsibility of the homeowners association to develop and maintain the smaller pocket parks. Is that the intent of the -- like the little ball fields of those three collections that you had showed would be -- Armstrong: Yeah. All these -- Borton: -- for lack of a better term, vacant? So, the homeowners association -- Armstrong: No. Borton: Okay. Meridian City Council January 22, 2008 Page 65 of 101 Armstrong: We -- we -- because this park's going to be part of phase one, okay? So, we fully develop it and what we do is we fund it until these homes are sold, until we get fees in. We, actually, fund all of our homeowners activities until they can -- until their due structure catch up with -- with that total. Borton: Okay. I read that -- I just read it wrong when it said develop and maintain, I got the impression that it meant the association itself was responsible for the actual development of it. Armstrong: Yeah. Let me clarify that. When we go out and do these developments, we are the homeowners association. The developer is the homeowner association. We run it, because there is -- there is no structure. They -- we are the officers until we finish the developments and so we are the ones that maintain and keep them up. But, obviously, we are going to keep them up, because we want to increase sales out here, so there is, really, a motivation for us to have that control. And, then, at a time when these developments mature and we tum them over to the homeowners in that transition, once they are able to get their due structure up, then, they take that over. Yeah. Good question, though. De Weerd: Jeny, you heard comments from our parks director on what their preference would be and I notice in your -- the first park you will build, it doesn't have houses backed up to it. What are your thoughts on removing at least the -- I don't know what north is on that, but over by the -- yeah, that upper -- that upper curve at a minimum -- in removing those and integrating that into the park. Armstrong: Can we get the blow up of the -- of maybe the park? Okay. Here we go. Madam Mayor, let me explain. There is -- there is two philosophies on this and I think Councilman Rountree hit -- hit the nail on the head. I have been involved in architecture all my adult life, some 40 years, and I can tell you all the school that we -- we design -- we have playgrounds at all the schools and we love to have housing abutting up. We, actually, find that they are safer, because people feel like that they own this green space out here and what happens is they insure the safety of the kids that are playing out in these parks when -- because your police can't be out there all the time looking at these -- at these parks, so it's a little difference in philosophy how you look at that, but over time I can tell you the preference has been when you design parks, that you want houses facing into that park, just like we have provided houses here. Now, if the issue is that you want full access around the park, that's fine, we would put a road in there, if that's what you would like to see. So, it's really a choice of -- of how you want to design parks. But I can tell you these people feel like they are more owners than these people over here. The reason we removed these houses all along the street -- originally we had house lots all along here and we removed them, was to open this all up, so it had a better visual quality. As you come down this spine road you have full visual of this. You have full visual from this street. We also provided a visual corridor through there and we had talked about if it was the desire to put visual corridors through there, if that's the ~ ~ Meridian City Council January 22, 2008 Page 66 of 101 issue is visual, but I think from a safety point of view and the fact that you're going to have all different age groups in here, this is a much safer scenario and I think what happens is a lot of times these parks get totally imbedded with houses all the way around them, so that's -- that's the issue. But those are the choices that we have to make. You would sacrifice some of the square footage in the park to create this additional 24 foot road around -- around that park to have that separation. But if that's the -- if that's what the city would like, we'd certainly consider that. We really don't want to lose the lots because of our density issue and we are well within the Comprehensive Plan. We would have to delete other amenities to pay for those lots. De Weerd: Yeah. I don't know, Jerry. I know you look at our Seasons Park versus our Champion Park and Seasons just -- the neighbors front yards all look out at it and it seems that that park has had less issues than Champion Park, who has houses backed up against it, with their fences that who knows what goes on in the park. So, you know, there is -- yes, there is a difference of opinion there, but we also have a little experience behind that as well. Armstrong: Well, I can tell you that, you know, the Boise School District, for example, has 46 different schools in their school district and in all cases they require any housing that goes in along those -- those playgrounds, they'd all be vision fence. So, you do have that safety factor. So, you can require that. I mean if you want us to provide a vision fence through here or maximum of four foot high or whatever you want, I mean that's kind of the standard way you attack that particular issue. But it's really a decision and a philosophy from the city. I mean if you want a road in there or would you rather have open fences along there. I mean it's -- those are the two -- two decisions that you have to make. To us it doesn't matter one way or the other. Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Staying on the park, I -- I, for one, have no problem with that. I would want a vision fence. I don't want solid fence through there and Idon't -- I don't think our police would prefer a solid fence. I look at this as -- as one nice amenity for that -- this subdivision. I don't see people from downtown Meridian going out there to participate at this park. I don't think you're -- I think you're going to see most of the kids, if you have got your pathway set up where they can get to it, I think most of the adults and kids will either ride their bikes or walk over to it. I don't think it's going to be a real busy traffic park, other than foot traffic and bicycle traffic. I would not like a road going around the outside of it. That brings in the danger to young kids running out in the street that's at the park playing, chasing a ball or something, so -- I also want to comment that this is the first park that's been given to us without impact fee retribution and I appreciate that. • Meridian City Council January 22, 2008 Page 67 of 101 Canning: Madam Mayor? Code does require open vision fencing for any lots that face out onto an open space area. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: If I'm remembering correctly, some of the other discussions at the Parks and Recreation Commission, they were recommending that the city only accept the contiguous park and not have to cross the street to do maintenance on these two little pieces. When you gave us the calculation of how much park is being given to the city, is it just the one park or were you including the two little side parks? Armstrong: Originally, Councilman Zaremba, when we had these lots in here -- in here, which we have agreed to remove through the Commission, that increased the amount of square footage in this park. What they were concerned about -- the staff report thought we had included this area here, as well as this area here, into our park land calculation and that's not so. Our calculation of the 7. 19 -- and, by the way, your code says a minimum of seven acres. 7. 19 is along this line, along this road, along this road, and along this road. Does that clarify that? Zaremba: That's exactly what I was hoping you would say. Madam Mayor, I have a question on a different subject if we have exhausted the park for the moment. De Weerd: For the moment. Zaremba: Okay. Can we go to a broader site plan or -- yes. Thank you. In previous discussions, the discussion about this outparcel over here was that at some day if the use or development of that happened, they would have to give up access to Eagle Road and I have seen versions of this plan and I realize they are old ones, where they were given access here, so that they were able to lose the access to Eagle Road at some point. I don't see that as part of this plan. Armstrong: Yeah. We have left this open in here, as well as right here. So, there could be a future bridge connecting over even to this piece here. There is one piece that lays in here. There is an additional piece in here. We have allowed for an easement and it's showing on the preliminary plat for access into this -- Zaremba: So, the easement is actually provided in case -- Armstrong: Yeah. So, they can put the roadway connection in there. The other thing that we were requested, because the regional park comes along this -- this Ten Mile here -- • Meridian City Council January 22, 2008 Page 68 of 101 Zaremba: The pathway. Armstrong: -- the thought was it may never go through this piece, so what we have agreed to is allowing for that regional park to actually come down and to the road, so we could use road right of way. So, if the trail continued across the street here, we are allowing an easement and access of that through -- through our property. So, that is part of the agreement that we would do that, so that there was two wins there. One is the access and the other was a trailway system to have a backup in case you're not able to get that other piece. Because that is a regional park and there are specific requirements to make it like ten foot wide and those kinds of issues, which we have agreed to do. Zaremba: To put the pathway -- Armstrong: That's correct. Zaremba: Thank you. De Weerd: Council, any additional questions at this time? Bird: I have none, Madam Mayor. De Weerd: Okay. Thank you. Armstrong: Thank you. De Weerd: I do have people that have signed up and if we haven't totally driven you away pulling your hair out yet, if you would like to come forward when I call your name, please, do so. Carol Jarvis signed up against. If you will, please, state your name and address for the record. Jarvis: My name is Carol Jarvis. I live at 1875 Suzanne Drive, Meridian. De Weerd: Thank you. Jarvis: I guess my number one question is what has really changed on Eagle Road? Since you turned it down last time they added 150 houses, which, according to somebody's -- in the article it estimates that there is ten trips per household, which would be another 150 households. That would be another 1,500 trips a day. And fixing -- it would be nice to have Amity and Eagle with a light and fixed up, but that wouldn't change anything at Victory and Eagle, which is really the place that is a problem. Traffic backs up there half to three quarters of a mile whenever there is heavy traffic, which is every day at coming home time. I don't even use it anymore. But that is a problem there, because the fire station is there and it could impede fire trucks from getting out of Meridian City Council January 22, 2008 Page 69 of 101 the fire station if the traffic happened to be backed up there at the wrong time or a fire happened at the wrong time, whichever way you wanted to look at it. Also on density, it doesn't seem to me like the original hillside subdivision, which was already there and planned for, should be included in density for the lower part, this what they are planning now. It doesn't have any -- it's already there, even though it carries the same name, that's just sort of by accident, I think, and wasn't even planned by the same people. And one -- those were the main points that - I just really do think the density is really high for that location and Idid -- I went by and did some checking today and found out that there are some other school locations, possibly, not too far from that area, besides the one that's on -- the next one to be built, I guess, is down in -- near Victory and Eagle Road. There are some other ones that maybe the school already has land. I don't know. I was wondering about that. But when this went around before, why they didn't think they needed another school -- it looked like they may already have plans for schools in that area. But the traffic on Eagle Road still is going to be a problem, as near as I can see, so -- and, of course, it would add also -- I mean everybody is not going to use Eagle Road. Some people are -- are going to use Amity or Locust Grove or Cloverdale and everybody doesn't go to exactly the same place, but there are still -- at least on Locust Grove there is still fourway stops and they are beginning to -- especially when there is problems on the highway, whenever there is an accident in the evening, everything goes out the window and just -- everybody leaves the freeway and starts using those side roads and when you have those -- those fourway stops that are out there, they are just killers, because they take so long to clear when you have a lot of added traffic. And that's still, like I say, was the problem at Locust -- at Amity -- I mean Eagle and Victory is the big problem that I -- as I see it as far as traffic goes. De Weerd: Thank you. Carol brought up a good point and I was going to ask Christie, put you on the spot, if you could comment on this area, some of the plans, the timing of them, the Commission's recommendation, that sort of thing. Richardson: Thank you, Madam Mayor. Christie Richardson, representing the Ada County Highway District. 3775 Adams Street in Garden City. De Weerd: Thank you. Richardson: Regarding the roadway improvements, I'm kind of doing the original application and where we are at now and -- De Weerd: Well -- and, Christie, I guess I'd like to start north at Victory and South Eagle and -- because certainly we were hoping to get that and, then, it was delayed and so that plays into the impact of this development as well. Not to put you on the spot or anything. Richardson: Madam Mayor, Members of the Council, I think you will recall from our joint meeting just a couple weeks ago between the Council and ACRD commission, the Meridian City Council January 22, 2008 Page 70 of 101 five year work program is still in draft form and hasn't been adopted and won't be until the end of February, possibly early March. The current five year work program, though, does have Victory and Eagle to be widened and signalized in 2009. But I believe based on some of the conversations we have had with some of the funding issues, I'm not sure that that's still where it's going to shake out when the new plan gets adopted. But, again, I don't know how that's going to look. I do know that that intersection is a priority. It's been in the five year work program for some time now and the design is nearly complete. So, you know, it's definitely on its way. De Weerd: Where is that intersection coming out in the preliminary discussions or recommendations at this point? Richardson: I haven't been involved in those and so I really -- I really don't know. On whatever draft plan your staff had received, I don't believe that's changed any. De Weerd: Where is Anna? Well, I have a question for Anna while Christie finishes the information about -- from ACHD, if she can find out what the recommendation is for the Victory, South Eagle intersection in the five year plan. Siddoway: Five year work program? De Weerd: Yeah. Richardson: Madam Mayor, do you want me to just to continue down the list? Again, this information was provided in the staff report. Eagle Road is scheduled in the draft five year work plan to be widened to five lanes between the Ridenbaugh Canal and Victory. Again, in 2009, with the intersection project. Originally I believe those were two separate projects and we are really trying to get those done together. And Eagle Road between Amity and Lake Hazel is in the CIP, if you will recall from our last discussion that's out there quite a ways. This developer is required to install a signal at the intersection of Eagle and Amity. We talk about the different -- the number of lots and we will be looking at an addition to Eagle and Amity, as the applicant mentioned, the main entrance to the subdivision as it intersects Eagle, we will be looking at that prior to the final platting of the 200th lot and, then, again, at the 400th lot. Back to Eagle and Amity, though, it is, as the applicant mentioned. final platting 15 percent of the lots or that calculated to 127 homes and that is a change from the original approval from the highway district commission back several months ago. De Weerd: Okay. Council, any questions for Christie? Bird: I have none. De Weerd: Okay. Thank you. • Meridian City Council January 22, 2008 Page 71 of 101 Richardson: I'm sorry I don't have that draft plan with me. De Weerd: Maybe we can find it. Okay. I do have more signed up. Jennifer Thiel. Thiel: Thiel. De Weerd: Signed up against. Thiel: Madam Mayor and Council Members, thank you for your time and, for the record, my name is Jennifer Thiel and my residential address is 2308 East Hyper Drive in Meridian. I apologize for reading from my notes. I'm feeling a little rummy at this hour and, plus, if you were a group of second graders I would be much better off. De Weerd: I'm not going to comment on that. Rountree: Don't go there. Thiel: I come before you as a homeowner whose property borders this proposed development. I'm speaking against this developer's request, .because of the negative impact it will have on the Meridian community and, more personally, mine and my neighbors' current property values. I feel strongly that if deviations from district requirements are to be granted, I would hope that it wouldn't be for a developer whose decades old reputation and product are considered substandard at best and are only for the sake of maximum profits. I'm a life long resident of the Treasure Valley and I don't feel that it's in the city's best interest to continue more of what many residents consider to be future suburban slums from humble homes. It's my understanding that planning and zoning has denied approval several times and I would ask that you would not permit any deviations for the request of this developer. De Weerd: Thank you. Tim Foster signed up against. Foster: Madam Mayor, City Council, my name is Tim Foster. I own a lot at 5805 South Graphite Way. Although I haven't built or done anything with it, pending what happens. One thing that I'd like to really point out. I know that it's been mentioned, but we are taking density here and the last two times at Planning and Zoning they have said that it's two dense and, yet, all they have done is increased houses to up to 789 homes, which I mean realistically it's a rural area and I know eventually it won't be. I mean I've grown up, you know, in Kuna, so I know what it's like. But, you know, you mentioned the roving on how it's a new design and everything, but he also mentioned right off the bat that it increases density and it gives you an illusion. That, again, is against what Planning and Zoning really wanted. They don't want something this dense. They are having to use Black Rock Subdivision, which is theirs, but they have to use that in order to get to these levels that they need to be at in order to, you know, come even close to what you guys want them to have. And as for the homeowners, I mean the roving Meridian City Council January 22, 2008 Page 72 of 101 aspect of it, coving is great and I have never been to Riverside Village, but I would doubt that it's a good, fair comparison to what they are doing here. From the sounds of it, Riverside Village is down by the Boise River and probably doesn't have 700 homes in its little community and like you guys mentioned, the coving part of it is taken care of by an association. This would be a phenomenal feat for an association to take care of, the large aspect that they have got there, and when you do have a homeowner's association taking care of that, now what is the -- the residents have to do -- I mean that really kind of takes that aspect out of their -- out of their home. I mean now they have -- yeah, they have got this front yard that they can use, but, you know, if your kids are out there and the lawnmowing service comes by, you got to get your stuff out of the way or you got to make sure your stuffs out of there, you know, if you have got stuff laying out in the yard. So, you know, I agree that if they were to do some sort of coving that it should be maintained by something, because if you have individuals trying to take care of it, everybody is going to mow differently, you know, you see that anywhere you go, whether you're in 100,000 homes or million dollar homes, everybody does it differently. But that is one thing that I would like to point out is -- is these homes up on the ridge are half acre or acre lots. They are not going to be 300,000 dollar homes. Most of us paid over 200,000 dollars for our lots. There is potential for homes to be up there for over a million, the city -- over homes that are going to be a couple hundred thousand dollars. It's really going to drive our values down and you can see it even though the market has dropped in housing, you can see that aspect, because they have 19 homes -- home sites up there for sale now that have been for sale for a long time, because people aren't buying up there, because they know what's going on. They know that Hubble owns this whole area and it's nothing against Hubble as an association, but people know that it's owned by Hubble and they don't want to build their house above what Hubble is going to bring in and, honestly, had I known that Hubble was trying to do this -- and it was -- that was my part. I should have done better exploration on where I was buying. But had I known I wouldn't have bought up there, because Idon't -- even though I'm on the far end, as far west as you can get from their subdivision, I don't want to drive through what they are planning. You know, it's real -- realistically it's still going to be starter homes and I -- you know, I don't want to drive to my house that I have worked so hard to get to, and drive through starter homes that eventually will be rentals and eventually, you know, won't be kept up as good as we would like it to see when we have got what we do up on the hill. You know -- and I don't mean to sound snobbish or anything, but that's the reality. You don't see starter homes next to Castlebury. You don't see them in places like that. That's -- they are not there. There is a reason for it. And that's what I have. Thank you. De Weerd: Thank you. Justin Thiel is signed up against. Okay. Thank you. Tom Sylvester, signed up against. Sylvester: My name is Tom Sylvester and I live 1910 South Marshwood in Meridian here. The questions I have this evening is the last time the Council looked at this project there was 644 homes there. What is there about 789 that makes this more Meridian City Council January 22, 2008 Page 73 of 101 appealing? Coving the streets I think is a good -- good idea. Fixing the houses up a little bit is a good idea. There is just too many homes in a small area. I would be curious to see what the density numbers are if you don't include that Black Rock. I think that including Black Rock is just an illusion. The two subdivisions aren't developed together. I don't know why you can -- why you can accept an inclusion of Black Rock with this subdivision. I'd like to see what those density numbers are as they are broken out. Why do we have a comprehensive use plan if we are going to allow this many pieces of property in a rural area. We have a plan to control -- to control the growth and to control how it's developed, but I don't think this fits within the comprehensive use plan at all. So, I don't think this is a project that you are going to be proud of in 20 years. I said to the Planning and Zoning Commission I think that they have taken a bad plan and made it worse. So, I really urge you not to approve this plan this evening. De Weerd: Thank you. Tim Taylor signed up against. Okay. Those are the names that are on the sheet. If there is additional testimony, please, come forward. Donohue: Madam Mayor and Members of the City Council, my name is Christine Donohue. I'm at 12476 West Merchison Street in Boise and I had some questions after hearing the testimony by the applicant. One of my questions about the coving is with the planning and zoning was that -- am I correct in understanding that it's going to be less wide at the streets for the home sites? De Weerd: I believe they narrow there. Donohue: So, one of the questions that comes to mind is that you're going to be seeing more cars bumper to bumper parked on the streets if you're having less width of the street line. We have that problem in our own .neighborhood of trying to control people parking on the street and I notice that most of the plans were for two car garages, so my question would be with the visual appeal of the coving, I think you're going to see a lot of cars parked along those roadways. And the second thing that came to mind was when you're talking about the sprinkler systems in the coving, if the sprinklers are run by the homeowners lot and it's damaged by the landscaping company that's run by the homeowners association -- that's hired by the homeowners association, then, it's going to be difficult to get your sprinkler heads fixed and also if a homeowner chooses not to blow out their system and those sprinklers are in the coving lot -- coving part, then, maybe you're going to have damage from freezing to the part that's owned by the HOA. So, I would suggest running those sprinklers in the coving as part of the common area and not connecting it with the homeowners lot. Those are just two things I thought of as he spoke. De Weerd: Thank you. Donohue: Thank you. n LJ Meridian City Council January 22, 2008 Page 74 of 101 De Weerd: Okay. This is a Public Hearing. Is there any additional testimony at this time? Or at all? Now is the time to do it. Canning: Madam Mayor, Members of the Council, I have no idea how Council is going tonight, but I'll just -- before the Public Hearing is closed I wanted to raise some issues that I heard similar to some of the last testimony. I started to get a little concerned with the thought of a homeowners association taking care of that front yard, because for some folks that's all they have is the front yard. They don't have a rear yard. So, I would be concerned that if it's the homeowners association, that that homeowner may not have the ability to really modify that front yard or we'd have to have very specific instructions on how -- what kind of landscaping they would do. I mean it -- it may be something that the Council wants to consider further or to -- depending on how the decision goes tonight, allow some time for the applicant to work with city staff to come up with a solution that provides that maintenance, but still gives that homeowner some flexibility in how to use that front yard. Things like patios, you know, whether a barbecue would be allowed in the front yard or if it needs to be landscaping, but if that's the only yard they have, then, that would be an issue. De Weerd: So, Anna, can you tell me in the low density area, if you took at the development that's already there and don't use it in the calculation, what would be the needed reduction? Canning: The applicant is indicating that it's currently 3. 5. I can't do that kind of calculation this time of night in my head, but I -- we could come up with how many -- are you asking how many lots would need to be reduced to bring it down to 3. 0 -- or to 2. 9? De Weerd: Can I also ask another question and, certainly, it was raised in the testimony. Is -- there was concern -- and certainly is probably the most focal in my own mind. When this first came up in the timing aspect, I still have that question. In the timing aspect, not only of the road improvements and certainly the intersection improvement addresses some of it. The safety aspect of sidewalks while you're putting kids out there would be a remaining one. But how we kind of went from a lower number to a higher number with all of those concerns, I guess we hear it fits the Comp Plan, but we have a Comp Plan that is still not in front of Council yet. So, there is another timing aspect. So, can -- was this discussed at the Planning and.Zoning Commission? Canning: Madam Mayor, Members of the Council, I don't know that timing issues were. I knew -- I know the Comprehensive Plan issue was discussed and I don't think there was full resolution on -- on whether or not it met the Comprehensive Plan. I think the majority of the Commissioners felt it didn't. But I don't think the other timing issues were necessarily discussed. This is a different project than the first one. It was substantially different to the point that they could submit what they wanted. There was no requirement that it had to be less than what was denied. So, we certainly warned the Meridian City Council January 22, 2008 Page 75 of 101 • applicant that there would be a question related to that, but it was within their purview to ask. De Weerd: That's true. But it still goes to the question of this Council hasn't seen the Comprehensive Plan for that south Meridian area. Canning: No, ma'am. And it -- what happened was once this -- once the former application on this same project was denied, staff understood that part of the denial was the desire to decrease the density. So, the draft Comprehensive Plan for the south Meridian area does show this all as low density residential. But the application is vested with the Comprehensive Plan that's adopted and in effect at the time that it submitted. So, that's the one with the split designation that you have seen a couple times tonight. Now, the Council has in the past known that there was another Comprehensive Plan amendment coming up. Baraya is a prime example where Council waited until the Ten Mile -- continued the application out until the Ten Mile specific area plan was complete. The applicant was willing to do that. They were willing to wait for that document and worked with staff on that document to -- to bring those two projects into sync with one another. De Weerd: Okay. Council, questions for staff before I ask for the final remarks by the applicant? Rountree: I have none. Bird: I have none. De Weerd: Mr. Zaremba? Zaremba: I have a comment and it sort of echoes the very first comment you made and I will repeat it, because I was planning to bring it myself at some point. As the one of us who had most recently has been a Planning and Zoning commissioner, while on the Commission I often felt that a few times we had been blind-sided by a developer who changed the plan after we had made our recommendations and there were many times where we felt it would have been appropriate to remand it back to the Commission to look at the new plan. Remembering those days, I would be inclined to say this is one of those. There have been significant changes. I would like the Commission's recommendation on whether they feel they were positive changes or not. Just in discussing what's been presented to us, I was aware of the cooing, but I was not aware that it was -- that area would be owned by the homeowners. I was under the impression it was going to be common area entirely. That's a little surprise to me. That it's not common area, but I guess my overall statement is that I would lien toward remanding this back to the Commission to -- to consider the changes. Meridian City Council January 22, 2008 Page 76 of 101 De Weerd: Anything else from Council? remarks? Okay. Would the applicant like to have final Armstrong: Madam Mayor -- excuse me. It's late. Members of the City Council. I'll address these in order. I think Carol brought up the -- the issue of the Victory and Eagle light. We did -- in our original application, the original 644 unit, we did not have that and dealing with ACHD, we committed to put the one in at Eagle and Amity and in their work plan, as Christie so pointed out, the goal is to have that in -- built in 2009. So, the idea is we would be putting in the light at this other comer about the same time if this gets approved. So, the timing would be that those would be sequenced together, because we committed not only on the time, but we have committed the dollars to -- to put that in. Unlike ACHD making a commitment to these plans that don't get implemented, at least we have made that commitment that we have to do that. So, I think that's a huge huge step. The other comment that was made as regarding the school location. And I believe your Comprehensive Plan shows a site right there for an elementary school. And that was one of the reasons why we connected all this trailway system, so the kids, instead of being bused to school, can all walk to school. But the location that's been picked by the Meridian School District is right there and it's within this mile section that you see before you. So, I wanted to clarify that issue. The other misconception that she brought up is this Black Rock Subdivision is owned by Provident Development. We own that Black Rock and we own all this ground here. We control that. That's not a separate ownership, that's -- we control the entire thing, which also leads me down to Tim Foster's comment and saying that, well, we really didn't care about the sales. We do care about the sales of these lots. How would you like to carry that on your inventory. I can tell you the sales have been rather brisk in a terrible economy for that price of lot. We did not start selling in that until February of'07 and we have sold 21 lots out of the 44. So, the sales for that type of product, that's -- for those high dollar lots, that's more than anyplace else in the entire Ada County and Canyon highway that the sales have been that high for any developer that was holding lots of that price bracket. The reason being is is those lots all sit up on that bluff and their views are going to be of the mountains and not of the houses. And the other thing is we broke it up with all the parks and open space, so that their view -- they are not looking down on roof tops, they are actually looking down into open space. Christie Richard, so talked about the Victory and Eagle in 2009 and I think they also had in their work plan the widening of the road is slotted for 2009. And we did commit to having a review of this light going in here. Once we get 200 lots in there, that we would review whether or not there is a need to put in that -- that light. But we did commit that it would be in at the 400s, but we would conduct as study to see what the traffic impacts were and if it was warranted -- if it was warranted at the 200th lot, we would go ahead and commit to push up that schedule to put in that light at that particular location. So, I wanted to clarify that for the record. I also wanted to comment on Tim Foster made the comment about that he didn't want to go passed all these other homes on the way up to Black Rock. That was the reason why we committed to that landscape buffer and that was part of our listening to the neighborhood and saying you won't even see these homes along here, because of the • Meridian City Council January 22, 2008 Page 77 of 101 landscape buffer on either side of that spine road. This road is designed as a collector road at the half mile section, just like you would put in a normal half mile. It just happens to have a bend in it. But we have committed to that heavy landscaping and you can see it right -- right here. The whole idea of it is -- they wouldn't even see these houses along here as that landscaping matures. The other -- the other issue that we had on there was the Comprehensive Plan that I think was brought up by Tom and just know that we were vested under the current Comprehensive Plan for the City of Meridian and that Comprehensive Plan did go through a full public review before it was approved. It was approved in 2006 and just know that we are well under the density of 1,200 when you take into consideration the entire land mass that we own. I believe that covered all the comments at least I heard, unless there were some other comments that I failed to write down here. De Weerd: Was that comp plan approved in 2006? We have been doing the south Meridian plan for almost two years now. Armstrong: Justin, do you want to pull up the slide which shows their Comp Plan? Canning: Madam Mayor, Members of the Council, the development community initiated the current Comp Plan that we have in the south area, because it was evident that our efforts on the larger south Meridian area plan were slowed down by negotiations with Kuna at that time and different efforts. Siddoway: Madam Mayor, Members of the Council, I think part of the clarification is the current Comprehensive Plan map shows it last amended in 2006. That was when it received the north Meridian area amendment. The south Meridian area here was adopted in '02. Bird: No. Siddoway: '05? Canning: He's new. Siddoway: It was prior to the north Meridian -- no? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I don't remember the timing exactly, but I could visualize Kent Brown coming in before us with what eventually I think was a comp plan amendment -- Siddoway: I stand corrected. Meridian City Council January 22, 2008 Page 78 of 101 Zaremba: -- for some of this area within a mile or so either way and I would peg that as being about two years ago. That's a guess. Armstrong: It was just 2000 -- fall of 2006. So, it's a little under a year and a half ago. Zaremba: Yeah. De Weerd: You can see it's 11:30. Our minds are not -- Council, any questions? Bird: I have none. Rountree I have none. De Weerd: Thank you. Armstrong: Thank you. Thank you for staying here to this late hour. Canning: Madam Mayor, before the public hearings close, there was a number of issues raised by Senator Fulcher in his letter that had not otherwise been testified to. I don't know if the applicant wanted to respond to those or if Mayor wanted the applicant to respond to those. De Weerd: Did you want to response to that? Bird: Has he seen it? De Weerd: Council, did you need -- do you want a reply to that? Borton: Madam Mayor? De Weerd: Yes. Borton: I don't think so. I think it's -- it's just some of the same information we had already heard about whether or not annexation -- how it relates to areas of impact. I don't think there is anything to present, respond, or comment upon on that issue. Bird: Madam Mayor? De Weerd: Yes. Bird: I feel if we did it wrong, we did it wrong, when we got water and sewer to go out there with the condition that it be annexed at that -- I don't think we need to comment on it. • • Meridian City Council January 22, 2008 Page 79 of 101 De Weerd: That's what he said. Bird: I was talking to myself. De Weerd: Yes, Mr. Borton. Borton: Could I go back to the school issue, unless -- I didn't mean to cut you off if you were doing a comp plan. Armstrong: Go ahead and leave it on that slide. That shows a school site. Borton: I saw the -- the letter in the file from Wendell Bigham and the school district talking about -- it looked like it added up to about 700 new kids being generated by this development, underlying the words, you know, extreme impact upon the schools and the capacity issues. He makes reference to Lake Hazel Elementary School -- his letter doesn't make reference to an adjacent site, which will be ready to house and school these kids. It references other existing schools and busing issues. Is there any other information you have from the district which solidifies that there is -- I don't even know if something on this is a purchased acquired site. It hasn't been funded, I know for a fact if there were any prior bonds, so I'm just trying to see how firm we are on that or are these kids at the very best going to be bused to an already overcrowded Lake Hazel elementary, middle, and Mountain View High School? Armstrong: Madam Mayor, Councilman Borton, as you know, traditionally in Idaho we don't build schools prior development. They are always built after development occurs. That's the way we do things. We set up the laws so that it also requires atwo-thirds majority vote to put in additional schools within the state of Idaho. I can tell you that your Comprehensive Plan indicates a school site either existing or potential -- these are your words off your Comp Plan, at that particular site. That's what we had. That's our best information now. The school when they go in and begin to negotiating land like buying any land anywhere, it's your best deal that you can -- you can cut. And so, you know, you want flexibility, basically, within that mile section somewhere to purchase some land. So, the intent would be that they would purchase some kind of ground within -- in those areas. But as you know, as we sell lots and as we sell homes, there is monies that go to fund, through property taxes, that help fund those school bonds as you move forward. So, that's how we do schools in this area. You don't do them until the demand is there, until you're overcrowded. Voters aren't sympathetic to predevelopment, so I guess that best answers that question. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council January 22, 2008 Page 80 of 101 Bird: It was my understanding also that the -- I believe at the comer of Eagle and Amity -- and don't ask me which comer -- that 40 acres was purchased for a middle school. Am I -- do you know anything about that, Jeny? Armstrong: Madam Mayor, Commissioner Bird, I don't know that that's -- whether that's true or not. I do know that we recently acquired this 40 acres at the comer of Eagle and Amity. So, if the school district wanted to negotiate with us, we have a piece of ground for sale. De Weerd: You know, Jerry, I guess when you had your other hat and you were in the public sector, you were a big advocate of Blueprint for Good Growth and adequate public facilities ordinance. And that would have addressed some of the school issues anyway. That's what we hope and still hope so. And as I maintained when we visited a plat and a proposal on this same piece of property before, that was my same -- my same comment. We can't be in a hurry in that area, because we are waiting for better tools to address some of the deficits that -- that we don't want to keep repeating the same thing. I think that was the definition of insanity. But, you know, I guess as an advocate for Blueprint for good growth, there -- that had a lot to do about timing. I put you in an awkward position right now, because that timing question is -- it has abig -- a big impact on is the timing right for this. We are in the process of considering a south Meridian plan that had a great deal of public participation in it. We still have not a final plan on the roads in that south area. We don't have an adequate public facilities tool yet to figure out how growth can better pay for itself. So, if you were sitting up here with your participation at the public level, tell me about the timing aspect. Armstrong: Madam Mayor, I'd love to address that. And City Council. I did, I served on the Blueprint for Good Growth committee for three years. I also served on all the discussions of areas of impact and all those other issues and how you fund these things. I really believe and I have always believed -- and I have been doing development in this valley for over 38 years -and my belief is that growth should pay for itself. Period. New growth should pay for itself. The issue is that we discovered in that process is we don't have the tools in place and that's the reason why we had to hire a consultant -- to ferret out the different kinds of tools that we can utilize to adequately fund our development. We don't have the tools to give to developers like ourselves. We would be happy to contribute. We can't even -- as you know on a lot of developments -- you read it in the paper on Avamore, they can't even fund the state highway and the state highway can't even take their money. There is no means for them to collect money, even though the developers have gotten out their checkbooks to write -- write the check. The issue is new development should pay for itself. There is no -there is no means by which to do that right now. There has been attempts at the state legislature level to get ordinances in place. There has been -- the last three years that I have followed, there has been bills that have gone through asking for that opportunity for the developer to tax those development projects where those people who live in those new developments to pay their own way. Those have been turned • Meridian City Council January 22, 2008 Page 81 of 101 down by our state legislators. That's the problem that we have is -- and that was the purpose of the Blueprint is to help influence those legislative decisions so that can happen in the future. It's very frustrating. The other problem that we have is that we haven't paid attention to the maintenance and operations costs and that's why we have to look at new creative solutions in how to -- how to arrive at paying for those. I don't think there is one developer that isn't willing to pay their own way. What they don't want to pay for is they are saying, hey, public officials, you're the ones that let us get into this position, so how do we make up that deficit. I think the governor right now is looking on creative ideas. Maybe through registration fees have been talked about. Other means of raising fuel tax. There is other creative means to pay for those roadway systems, because they are, frankly, underfunded. So, that's how I would address that. We just don't have the tools in place to allow for that. De Weerd: Amen. But do we wait for the tools before we continue? Armstrong: Well, you know, I think that's an important question. I mean right now your designation on this -- and you can see it -- this is your own map. I mean you're showing that as medium density there in that -- in that yellow, which is part of our property. Our property sits right in -- in here. And under your current planning area you extended your own planning area -- this was called urban planning -- service planning area. The whole idea of Blueprint for Good Growth -- this was the other goal at the county -- having represented the county, we had areas of impact and that area of impact is broken. I can publicly attest to that, because it was broken -- De Weerd: You can say that now, uh? Armstrong: I said it at the podium when I worked for the county and I think the county commissioners even recognized that it's broken. There is an attempt to fix it. You guys are really the model by going out here and developing these planning areas and Anna and I sit on those committees tirelessly talking about what we need to do is a different system of which is creating a planning area. You did that. You went out here and created this red planning area and, actually, you developed the Comprehensive Plan through public testimony and this is the way it needs to be done in the future, rather than as -- under the control of Ada County. Ada County needs to -- to take control of the disputes and try to solve where those planning areas end up being and which are the better choices for which cities that you go into. But at the end of the day what we were all pushing for and what we were working with with our consultant Mike Loher was to create this idea of developing planning areas, so we didn't have those overlaps in those planning areas of -- as you guys can testify, between Kuna and Meridian, is this is the correct approach to go about that. And I believe this is the correct approach. De Weerd: And I agree with you again. Again I have the timing question, so -- and I don't think we will get to an answer tonight. Meridian City Council January 22, 2008 Page 82 of 101 Armstrong: Madam Mayor, I'll try to address that again. Let me talk about the timing a little bit. You have approved a new hospital, regional hospital. You have approved a number of office complexes up here. There are no housing opportunities for those people in those office complexes and for that new lifestyle center and for St. Luke's. They want housing. There is no housing provided in this area at this time. So, is the planning correct or were we ahead of time when we developed and allowed the commercial to go in. There needs to be some roof tops, so that we don't have the congestion on I-84 of people having to try to drive to Nampa and Caldwell to have housing opportunities when we could provide housing opportunities within a mile and a half of St. Luke's. So, it is a timing issue. I agree with you. De Weerd: We just have different definitions. Okay. Council, any other questions for Jerry? Okay. Bird: I have none. De Weerd: No? Thank you. Okay. Council, any additional information needed? Is there a need for discussion before you close the Public Hearing? What would you like to do? Rountree: Madam Mayor, my comments, just for discussion -- they may raise some questions. And it gets to the timing issue. It also gets to some of the other issues that have been brought up tonight in terms of what's going to happen with the roadway infrastructure and when's that going to happen. We all know what it's like out there. Another 8,000 vehicle trips a day on Eagle Road, you know, it's not going to be any better. There has been a commitment on the part of the developer to make some improvements out there and for that I applaud them. It's a step forward from what they presented previously. The product that they are talking about in this development is a step up from what we saw previously. I guess the question and what I have to weigh is the better quality -- the right way to go, as opposed to the increased density in order for the better quality to show up. I heard this not long ago. The bitterness of low quality lives longer than the short-term joy of low price. And I think that's kind of the rub of what's going on with some of the folks here is that they are concemed about quality. I'm concemed about quality. But I also understand the real world as it relates to your real estate, your investment, and what it's going to cost you to develop out there. I am tom right now -- I think that the applicant has heard on many fronts what the Council said in the past and what Planning and Zoning has said. I think they have made a legitimate attempt to address those. I'm not sure they have gotten there. I still hold to my mantra that -- De Weerd: I'm in no hung. Rountree: What's that? Meridian City Council January 22, 2008 Page 83 of 101 De Weerd: I'm in no hurry. Rountree: Yeah. I'm in no hung. That doesn't necessarily help the folks that have purchased the larger lots. Something's going to happen down there at some point in time. You just have to face up to that. Maybe it's time to resell your lot. I don't know. And that gets back to the genesis of why we are here, knowing today and the last hearing on this you folks wouldn't have a lot to buy, because we probably wouldn't have moved forward with those large lots that were sold to the City Council that that's what this area was going to be. Not just your rim lots, but the previous developer, the previous owner, that's how it was presented to the city. I'm just rambling at this point, but I'm trying to talk myself into going one way or the other and I think I'm talking myself to go -- when we close the hearing I think we have two options. One, we can remand this back to Planning and Zoning, because this appears to me that there is a fairly significant change from what they saw and the applicant's attempt to address issues they had. I don't know if there is an inclination to approve this or not tonight. That's another option. The third option is to deny it. So, I'm just thinking out loud. Testing the water. Give you guys something to think about and you can give me something to think about as we discuss this. De Weerd: Thank you, Mr. Rountree. Any other comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I agree a lot with what Charlie has said. I think that this developer has -- has done good -- tried hard to come back and do something that we had asked, even though the density grew, which I don't think anybody likes that, but I think the quality -- being in construction role for over 42 years, I have seen some 500,000 dollar houses that weren't built half as good as 100,000 dollars, so I don't put a lot of faith in what the dollar value is. To be truthful with you, we all know that land and houses is overinflated right now. They are getting down to reality again. I, for one, would like to see this go forward. I'm in favor of passing it. I'm -- we keep telling developers to do something and they come back and do it and we tell them to do something else and pretty soon we have got to make a decision, we either pass it or we don't. And I, for one, am -- I realize there is some changes. I don't know how much -- to me I don't know how big a change there was from what Planning and Zoning and if -- for the change would change their mind or not after reading the minutes of their Planning and Zoning meeting I would be real shocked if it was -- if taking out 145 homes would make a big difference. But we can -- I'm like Charlie, let's see where it lays. I'll listen to others. De Weerd: Okay. Others? Rountree: Close the hearing. i Meridian City Council January 22, 2008 Page 84 of 101 Zaremba: Well, Madam Mayor, I think I tipped my hand and I wanted to say it before the opportunity for the applicant to speak. I feel this is one that should be remanded. When there have been small changes, then, it's understandable that we consider what those changes are and not remand them back, but this is one that needs some very careful consideration. There are a lot of things that it has affect on. Eagle Road being a major part of it. But some of the new concept designs -- I certainly think this is -- regardless of whether you count the number of lots or not, the overall plan is a much better one than the one that we denied before. But I feel that the Planning and Zoning Commission should have the opportunity to see this newest version and to either reconsider or reconfirm their recommendation to us. But my vote would be to remand. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I, too, appreciate the changes that have been made here. As many questions that we had and Planning and Zoning had that needed to be answered have been answered. Some still haven't. And we probably all feel the same way, but I know speaking for myself, I take particular time and attention to what Planning and Zoning does and their comments and review of it. Their recommendations up or down on any project are pretty important to me. They play a pretty big role. And I can't think of a situation where I would want to move forward on something of this magnitude without remanding it. And I understand the concem of delay and the desire to get this thing going forward. And I don't feel comfortable going forward with it right now. I surely wouldn't want to act to deny it just for the sake of getting a decision done. I think there has been some great improvements. I think the cooing concept is phenomenal. I think it's a really really interesting aspect to it. Does it create an additional density concem? Maybe it does, but maybe there is a trade off. I don't know yet. I think it's a unique concept. I agreed one hundred percent with the comments about the funding mechanisms and the tools that developers need to be provided to meet some of these -- these public facility needs. And I know there has been legislation in prior years. There is some this year. Some community infrastructure district legislation. It's just -- it's got to get done and anything -- call me any day, anything I can do to help pound on anybody to try and help that process, because it -- otherwise, your hands are tied when municipalities say provide everything under the sun, but you really don't have any means to finance it. So, that's sort of a difficult soap box issue. I'd like to see that get done. So, my comments with regards to this project is I'd be most supportive of remanding it to P&Z. If there is anything we can do to make that go quicker than normal, get it to them quicker than normal, so be it. That's what I would lean towards doing. De Weerd: Okay. ~ ~ Meridian City Council January 22, 2008 Page 85 of 101 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think Mr. Armstrong started his comments that, you know, they are poised and need some kind of direction, because they have a business deal. They have got to get it consummate or terminate. And, though, I don't disagree with the remanding aspect of this, I'm not sure that necessarily gives them the clear way to go. I have heard favorable comments and I have heard unfavorable comments. Even if we remand it, that's more time and there is no assurance or no indication that this is yet going to be approved, even if it's remanded. I don't know what their timeline is. I suspect it's short, or they probably would have gone back through P&Z before. I'll just state right now I'm probably not inclined to vote, even after the remand, for this at this particular time. So, at least they can weigh my comment in their business deal at this point. Though I don't think remand is the only thing, I think that's where it needs to go. and I think we owe it to them some flavor of where we are going with this thing. De Weerd: You know, I -- if you choose to remand it, I think the development community knows that that's not a guarantee when it comes back to Council it's an approval. But if you do remand it, it will answer some the questions that come up and timing and the coving -- some of the questions that came up in the coving concept on maintenance and upkeep and back yards and front yards and all of -- all of that stuff. About the park. About the answer to the improvement at South Eagle and Victory, because I will tell you what, it's great that this development is looking at putting in an intersection light at South Eagle and Amity. But if you can't get through Victory, you know, it's going to be a mute point. So, you know, there are some things that need to be answered regardless, but -- so, what would you like to do? Bird: Well, Madam Mayor, I'll -- De Weerd: Mr. Bird. Bird: I'll make the statement that -- my statement is I would go forward with this. You know, I know Charlie and I differ on this, but I would be -- I don't know why we want to reprimand it back. The Planning and Zoning passed, I believe, the 644 units and we denied that. And so - I don't know. I -- it's -- we don't seem to have any problems bringing in big -- don't get me wrong, everybody knows how I vote for it, but I don't have any problems bringing in big developments, commercial and stuff along Eagle Road. Of course, in the last half mile we try to solve the traffic situation, which is impossible to do, but -- but, then, we get out here and we get an applicant that's going to put in a stop light for us at a very busy intersection and it's going to get worse and I realize Victory and Eagle is -- but when we met with ACHD I did not come away feeling that that was a guaranteed 2009 project. I mean they are way way over budget and -- at that part. So, I don't know. Let's see what -- let's see where it goes. `J Meridian City Council January 22, 2008 Page 86 of 101 De Weerd: Okay. Bird: All I know it's late, let's get something going. De Weerd: Let's see where it goes. Let's see where it goes. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: With all due respect -- and I agree with many of the points that Councilman Bird has made, but I move we remand this back to Planning and Zoning. Rountree: How about closing the Public Hearing first? Zaremba: Uh? Bird: Let's close the public -- Rountree: Let's close the Public Hearing. Zaremba: Do you close it to do that? Mayor, I move we close the Public Hearing. Yeah, I guess you do. I'm sorry. Madam Bird: On what? Zaremba: All three items. Bird: Seventeen, eighteen, nineteen? Zaremba: Seventeen, eighteen, and nineteen. Bird: I'll second it. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 17, 18 and 19. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council January 22, 2008 Page 87 of 101 Zaremba: I move that we remand AZ 07-016, PP 07-020, and PUD 07-001, back to the Planning and Zoning Commission to reconsider the changes and other items that we have brought up. Rountree: Second. De Weerd: Okay. I have a motion and a second to remand these items back to Planning and Zoning. Any discussion? Canning: Madam Mayor? De Weerd: Yes. Canning: It would probably help the Commission if the Council could give some direction on a few key items. One being the Comprehensive Plan, because that was a big issue for them at their last hearing. So, without any direction from Council with regard to a decision regarding the Comp Plan, it may just come back as another recommendation for denial. So, they are going to need some help from Council in ciphering through today's testimony, but also if Council has specific items that they wanted addressed regarding density or regarding maintenance, architecture, coving, lots around the park, transition to surrounding properties, schools, timing of facilities -- any detail you can provide to that motion will really make the remand much more effective. Please. De Weerd: Well, I tried to give you something. Even though I can't vote. It was a suggestion. Anything you want to add, Mr. Zaremba, to your motion to remand? Zaremba: I would ask them to consider the items that have changed since they last saw this and what their opinion about that would be. In addition to that, I would ask them to consider the traffic impact to Eagle Road, not only here, but farther up the line between here and the interstate, specifically the Eagle and Victory intersection. I would ask them to consider not only maintenance, but ownership of the coving areas and/or who has the rights to do what within the coving areas or not do within the coving areas. Within the consideration of the redesign would be their reconsideration of the densities and how that relates to latest version of our current Comprehensive Plan and how it relates to the coming south Meridian area plan. Am I missing anything? De Weerd: The park. The lots at the top of the park. Or bottom or whatever it is. Zaremba: Oh, yes. And -- yeah. On the future city park, the houses that line the park - - (realize some have already been removed, but a discussion removing more of them on the block that has the city park, whether or not there should be as many homes along -- or even any homes at all along there. LJ Meridian City Council January 22, 2008 Page 88 of 101 De Weerd: Council, any other items to add for this -- Rountree: Is this a build your own motion? De Weerd: Would you consider anything else -- he wants to know if it was a build your own motion and I say why not. It is midnight. Zaremba: And the more guidance we can give them -- Rountree: Sure. De Weerd: Uh-huh. Rountree: Madam Mayor, if the maker of the motion would consider discussion about on those lots or easements along Ten Mile that would be future access points that those lots or areas be so posted with an explanation of what potentially could occur on those areas. De Weerd: Along Ten Mile? Rountree: Ten Mile Creek. Yeah. Potential bridge and/or access to additional properties. Zaremba: I think that's an excellent idea. I include that in the motion. Rountree: That's the last of my notes. De Weerd: Will you repeat your motion? Zaremba: Yes. De Weerd: I'm sorry. Bird: I don't want to be here until 2:00. De Weerd: Anything else? So, we do have a motion to remand with a good healthy list -- Rountree: Second agrees. De Weerd: -- to give plenty of comment to both Planning and Zoning and the applicant. Mr. Berg, I'm going to go ahead and ask for a roll call on the remand. Meridian City Council January 22, 2008 Page 89 of 101 C~ Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 20: Public Hearing: VAR 07-019 Request for a Variance to UDC Table 11- 2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden by Mike Redden -1418 North Vineyards Avenue: De Weerd: Thank you. Thank you for bearing with us. Okay. Item 20 is a Public Hearing on VAR 07-019. Anna. Canning: Madam Mayor, Members of the Council, this is the Redden application. It's located at 1418 North Vineyards Avenue. The application before you tonight is a variance. The applicant is requesting a variance to reduce the rear yard setback from 15 feet to two feet and a minimum street yard setback from 15 feet to 12 feet. There is the site plan and, then, this is a view of the shed that is currently in the setbacks. How about that. Okay. There is the aerial. I'll start over again. So, they are asking to reduce the rear yard setback from 15 to two and the street side setback from 15 to 12. There is the site plan. There are the photos. The applicant states the reason the shed was installed was due to a letter that he received from the homeowners association regarding safety concerns that people could not see around his Idaho Power work truck parked in front of his house. In response to these concerns the applicant hired Stor-Mor Sheds to install a shed in the rear yard for storage in order to be able to park his work truck in the driveway. He states that he was unaware that a permit or compliance with setbacks was required, because the shed is not on a permanent foundation. The approval of the variance by City Council would allow the existing shed to remain in its current location. Denial would require the shed be relocated. There is also a 15 -- a ten foot public utilities and drainage easement that exists along the rear property. The structure is currently located within the easement. Staff informed the applicant that if Council approved the variance and a rear setback of two feet is granted, the structure would still need to be removed by the applicant or at the applicant's expense if access to the easement was ever necessary. Further, if a variance is granted by the city, the applicant would still need to obtain permission from the utility companies that hold the easement in order for the structure to encroach within the easement. The applicant has received letters of testimony in support of the variance and those come from his neighbors, Michelle Gomez, located immediately to the west. Cassie Summerville, located just to the north. And Dan Barber, located just to the east. Per the Unified Development Code in order to grant a variance the City Council must be able to make the following findings. One, the variance shall not grant a right or special privilege that is not otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site. And the variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed the findings and believes that granting a variance for the reason requested by the applicant would, in fact, grant a right Meridian City Council January 22, 2008 Page 90 of 101 of special privilege to the applicant that is not otherwise allowed in the district. Further, staff believes that there is no undue hardship due to the characteristics of the site that would prevent the applicant from meeting the required setbacks. If the Council should decide to grant the variance, staff believes that it would not be detrimental to the public health, safety, and/or welfare. However, the City Council should rely on any testimony provided at the Public Hearing to determine the fndings. If the Council chooses to deny the applicant's request, staff does recommend that within 30 days from the date of approval of the findings the applicant relocate the shed to be in conformance with the setback standards of the R-4 district. With that I will answer any questions Council may have. De Weerd: Thank you, Council, any questions for staff? Bird: Not at this time. Rountree: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Anna or Tom, but he's not going to be able to answer this. For the construction of this size of shed, is there a building permit required? Canning: Yes, sir. It's 240 square feet. So, a building permit would have been required for anything over 200. Rountree: And my understanding is there was not a building permit? Canning: Stor-Mor did not submit for a building permit. De Weerd: Does the applicant want to comment? Redden: Mike Redden. 1418 North Vineyards, Meridian, Idaho. De Weerd: Thank you. Redden: The reason this all came about, obviously, was not just a single letter, but several letters from the homeowners association and people in general living in the area. My truck is a small bucket that I'm required to take home for work, so I have it parked out in front. So, that you can see it, nobody's going to mess with it. And I have had the police out and it's legally parked, but it is on a comer, so people or children Meridian City Council January 22, 2008 Page 91 of 101 crossing the street probably would be a hazard to them, because you have to go out and look around it or slow down, which a lot of people won't do either. It's a stop sign there, but they don't stop. So, anyway, I just went ahead, just because of all the years at my work that safety is always an issue, it's first and number one with the company, they have a little acronym, Best O. S. ,see it, own it, solve it. So, that's basically what I did. In order to get my truck off of the street onto the driveway, I had to move everything out of the garage and, of course, you know, get a shed or something to put it in. So, I had a trailer back there, so I moved the trailer out and put ashed -- bought the shed at Stor-Mor, which I thought was kind of a reputable -- they have been here over 20 years and never said anything to me about permits or setbacks or anything, they just built the shed. One day -- so, I didn't know anything about it until somebody complained, so that's why I'm here going through the process. I just kind of cured one problem and created another one. The letters and stuff had stopped, obviously, because the truck's now parked in the driveway, so there is similar sheds throughout the neighborhood that are basically the same size. So, I guess really had no -- no idea they had setbacks or anything, but I had pulled the plat map and looked at it and there is no - - the easements are all on the side of the house. I mean I don't know what it is for the back yard. There is nothing there. There is no irrigation, there is no sewer, water, electrical, gas, phone, anything, it's all on the side of the house, so the shed is, obviously, out of the way of those if somebody did need to get in there I could certainly move it. As far as the setbacks, meeting the setbacks, they are different from a comer lot, I found out, from just a regular lot next to you. They are three times the length versus the neighbor next to me has setbacks of five feet. So, not knowing that either, that's why I'm here asking for the variance, otherwise, I'm kind of forced to I guess somehow get rid of the 6,000 dollar shed that I'm sure nobody wants either, so stuck financially trying to get rid of it if, indeed, I can't get the variance. To move it to the setbacks would set the shed into the house and it wouldn't fit, where if I had to go 15 feet, 15 feet, it wouldn't -- it would be piled into the side of the house. That's why I'm here asking for the variance. I guess -- you know, and, again, if I can't get it I'm back to square one with everybody calling and complaining and a safety issue on the comer again, because that's the only place I have to park the truck. I guess that's it in a nutshell. De Weerd: Thank you. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Could you park your truck in the street in a garage? Redden: Pardon me? Rountree: Did you park your truck when it was on the street in a structure? Meridian City Council January 22, 2008 Page 92 of 101 Redden: In the shed? Rountree: No. My question is why did you put a shed in to park your vehicle there? Redden: No. My truck was parked on the street. My work truck. Because there is no room to park in the driveway. So, I cleaned the garage out, put everything in the shed, now I can get two extra cars in -- Rountree: Okay. So, you don't put the truck in the shed, you put the truck in your garage. Redden: Right. I put it -- it's just junk in the shed. Everything out of the garage. Rountree: Okay. That's -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On that -- on that Stor-Mor shed, I have a real problem believing that they didn't know you needed a building permit or the owner -- they probably thought the owner got a building permit and the owner thought the Stor-Mor got a building permit, I'm sure. How did -- that come out in sections, didn't it? They didn't stick build that -- did they stick build it? Redden: No, they just -- they came out and built it. Yeah. Bird: Is it on a foundation? Redden: No. Bird: It's got a floor and everything? Redden: It's blocks. Yeah. Bird: Set on blocks with a floor? Redden: Right. Bird: So, you could take a trailer and a -- and take it off that way; right? You could move it that way? Redden: If you had to, yeah. Meridian City Council January 22, 2008 Page 93 of 101 Bird: Okay. Redden: I asked the Stor-Mor folks to -- when this all happened if they could take it back or if we could get -- trade it for a couple of smaller ones and they pretty much didn't know who I was kind of thing. They wouldn't work with me at all. I mean, you know, realizing now that, obviously, you have to have 200 square foot and below you can put a shed anywhere you want, but I couldn't have gotten everything into a 200 square foot shed either, so I kind of -- I would have had to put two of them back there or -- Canning: Madam Mayor, Members of the Council, we allow one shed in the required rear yard that's less -- that's 200 square feet or less. De Weerd: Thank you. Any other questions, Council? Bird: I don't. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? I apologize for the time. Hensheid: I was beginning to feel like Cinderella. Madam Mayor, Council members, my name is Doty Hensheid, 2031 West Sonoma Drive, Meridian. De Weerd: Thank you. Hensheid: And I'm president of the Vineyards homeowners association and concerning Mr. Redden's shed, the shed did comply with our standards in the neighborhood, other than the size and -- but we do approve the design and color of the shed. We have asked him two things to do, which are realign the fence line to the way it used to be. It had come out at an angle and, then, that way and, then, back in. You can't really see that, but it's quite ugly. And he said he would do that and we asked him not to use the shed for any commercial reason and he said he would do that. So, whatever you Council members decide to do we will accept and I thank you. De Weerd: Thank you. Any further -- Snow: Kevin Snow. 1470 North Silverado. Also a member of the homeowners association. One of the things brought up by Mr. Redden -- De Weerd: Can you pull the mike up just a little bit? Thank you. Snow: One of the things brought up by Mr. Redden was the safety issue. I wanted to add a little bit to that. That particular intersection you see we often have cars parking on Meridian City Council January 22, 2008 Page 94 of 101 -- on both sides of the street and as that is a major avenue out to Cherry Lane, it's also worth noting that that intersection is not lit. We do not have a light at that intersection. We are currently working on that to see if we can have one approved, but that's been another concem about that intersection and another reason why we applaud Mr. Redden's efforts to get his vehicles off the road there to make a safer area. I'd also like to add I spoke with several of the neighbors -- there are no houses that directly face that particular side, so you're looking at side yards all along that particular street, so there was no one that was particularly offended by the height or by the shed being there and in all we found that there was no objection from the immediate neighborhood for having that there. If there was going to be a shed that exceeded recommendations, that would, essentially, be the place to put it. Thank you. De Weerd: Thank you. Okay. Any further testimony? Yes. Kerr: My name is Diane Ken- and I live at 1892 West Sunnyslope Drive and as to not knowing you needed a building permit, there is CC&Rs that are signed and they have resided at this residence for a long time. They also receive regular notices that say if you want to do any architectural changes you do need to submit those, so there is, then, ample notice that you do need to comply with those things. I was not particularly asked, but my house does --Igo out my door and I can see that. This gentleman has --one of the reasons why he can't park in his garage is because it's full of motorcycles, stock cars, things that are worked on that block the sidewalk, including his utility vehicle. He has it in the driveway. A lot of times it is blocking the sidewalk, so I have to walk out in the street when I walk my dogs. My concem is -- and, then, also, he works on his vehicles out there in that driveway also. So, one of the reasons why he doesn't have the space is he's outgrown it for the use of having lots of toys. Anyway, my concem is now that he has this large -- and it looks like the size of a shop. I mean it does not look like a shed, it looks like a shop or a mother-in-law apartment. And my concem now is -- is there going to be motorcycles in and out of there, are we going to work on -- just like we worked on our other vehicles at the front of the house, is it now going to become an area to work on, which faces right by my house. Right out there are we going to take our motorcycles and our stock car and different things and work on it right there in the street. Because it's becoming more of a storage area. We have a large storage, we have lots of storage of vehicles. We have lots of storage of motorcycles and it's just looking like a whole lot of storage. De Weerd: Thank you. Kerr: Thank you. De Weerd: Thank you. Is there any further testimony? Yes, sir. Crandall: Getting punchy, too. My name is David Crandall. 1864 East Lochmeadow Street in Meridian. I'm actually the neighborhood property manager. I work for the Meridian City Council January 22, 2008 Page 95 of 101 • association. I just want to reemphasize the association's position. If you decide to grant the waiver, we would ask that as a condition of granting it that you ask that that fence be realigned and that it not be used for commercial purposes. Those would be two conditions we are asking for. But the actual position of the association -- we are okay with the shed, we just want those two conditions included. De Weerd: Thank you. Okay. Any further testimony? We always let the applicant have the last word. Seeing none -- please come forward. Redden: Mike Redden. 1418 North Vineyards, Meridian, Idaho. De Weerd: Thank you. Redden: I don't have any stock cars. I do have four wheelers. My son and I have one four wheeler. My wife. And, then, we have motorcycles that we ride. And that's part of what's in the storage shed now. I don't do any commercial work. I don't -- I just work on my own vehicles and my kids' cars. So, that's -- that's what's going on there. I don't know where we got stock cars. De Weerd: Well, thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Mr. Redden? Redden: Yes. Bird: How many -- how many cars do you -- on a normal night have parked there, excluding the Idaho Power truck? Redden: Five. Bird: Five? Redden: I had six and, then, seven with the Idaho Power truck. Bird: This is actual cars? Redden: Yes, sir. Bird: That you would have -- that you would have parked there at a night? Meridian City Council January 22, 2008 Page 96 of 101 Redden: Yeah. Bird: Five cars. Redden: Yes, sir. • Bird: Okay. And can they all be off the street or are they parked -- Redden: I have three that go in the garage when it's empty. That's what the shed's for. And, then, the Idaho Power truck and room for another car to park there. Bird: So, two of them have to be out on the street? Redden: No. Bird: Orin the driveway. Redden: Right. There is two on the driveway. That varies, because they are going to school, so -- weekends they are home. Zaremba: Madam Mayor? De Weerd: Do you have a question? Zaremba: If I may. I appreciate your effort to work this out and also appreciate the work that you do. I know that's -- to be called out at all hours of the day and night, that's why you have the truck I'm sure. Redden: Yes, sir. Zaremba: When the truck is parked in your driveway does it overhang the sidewalk? Redden: No. Zaremba: Are you able to pull it in far enough that it doesn't block the sidewalk? Redden: Right. I can pull up far enough. I'm sure there has been occasions where I have pulled up, jumped out to get something or whatever and got back in, but you can pull far enough up that you can get by on the sidewalk. Zaremba: But it would fit if you -- Redden: Uh-huh. • Meridian Ciry Council January 22, 2008 Page 97 of 101 Zaremba: -- when you try? Redden: Yeah. Zaremba: Okay. Thank you. De Weerd: Okay. Anything further, Council? Bird: I have none. Rountree: I have a question for you and it has nothing to do with your application, but what I see in the picture and the idea that the fence has been brought up this evening. Did you have a variance and do you know if the neighbor has a variance for that fence? Because it appears to be inconsistent with city ordinance. Redden: When I first moved in we got a variance for the fence -- Rountree: Okay. Redden: -- and later found out that they had changed it, so you don't have to get a variance. It's ten feet off of it now anyway, so -- and the reason that the fence has a bend in it is because I had a little ramp that when I first saw the sheds there -- I don't know, they are built a lot lower, so now it's probably a foot off of the ground, so I had to have a little ramp to get the motorcycles and stuff in there, so the ramp was a little longer than the shed and I had to keep the dogs in, so I just did that to get everything loaded up in there and it will all go back the way it was. De Weerd: You have a complicated issue. Redden: I do. It's unbelievable. De Weerd: Okay. Any other questions, Council? Thank you. Redden: Thank you. De Weerd: Okay. Council, if you don't have any further questions for the applicant or need answers from staff, I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 20. All those in favor say aye. All ayes. Motion carries. Meridian City Council January 22, 2008 Page 98 of 101 MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Rountree: Madam Mayor, I can't see that the -- this application and the situation meets the -- at least the first two criteria for granting the variance. I think it somewhat meets the third criteria as it relates to safety and potential welfare in the neighborhood, but I don't see that it constitutes an undue hardship and I do see that if we were to grant it it would be a special privilege, so that's what I see or what I heard. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark this down. I agree one hundred percent. Rountree: First time. No. Nary: That's why we keep it on record. De Weerd: It must be the hour. Rountree: Yeah. All right. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If our two partners down on the other end don't want a deal, I'll make a motion that we deny VAR 07-019, the request for a variance to UDC Table 1128-5 for Mike Redden at 1418 North Vineyards Avenue. And do we need a time for this to come through? And that -- the date -- given until the 1st of March to be in compliance with the city ordinance. De Weerd: Okay. Does second agree? Rountree: Second agrees. Second seconds. De Weerd: Okay. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. • Meridian City Council January 22, 2008 Page 99 of 101 Item 21: Ordinance No. 08-1345 AZ 07-015 Request for Annexation and Zoning of 1. 88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Proaerty by Marshall Williams -1650 Dunwoody Item 22: Ordinance No. 08-1346 AZ 05-052 Request for Annexation and Zoning of 7. 87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: Item 23: Ordinance No. 08-1347 RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an~ R-15 zone for Bellabrook by J. E. Development, LLC - 300 South Locust Grove Road: De Weerd: Okay. Item 21 is ordinance -- and 22 and 23, Ordinance 08-1345, 08-1346 and 08-1347. Mr. Berg, will you, please, read those ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 08-1345, an ordinance for annexation of a parcel of land being a portion of Dunwoody Subdivision and all of Lot 1, Block 1, Dunwoody Subdivision, lying in the southwest quarter of the northwest quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 08-1346, an ordinance for annexation of property located in the U. S. Govemment lot of Section 5 and U. S. Govemment lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing for effective date. Berg: Ordinance No. 08-1347, an ordinance finding that J.E. Development, LLC, the owners of certain real property has made a written request for a rezone of the zoning Meridian City Council January 22, 2008 Page 100 of 101 classification for real property located in the northwest quarter of the northwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and temtories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, rezoning the land use zoning classification of said land from R-8 to R- 15 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: You have heard these ordinances read by title only. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't hear anybody wanting to read -- hear it, so I would make a motion that we approve ordinance 08-1345, 08-1346, 08-1347, with suspension of rules. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the ordinances on Items 21, 22 and 23. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 24. Executive Session per Idaho State Code 67-2345(1)(a): Bird: Madam Mayor, I move we go into Executive Session as per Idaho State Code 67- 2345(1)(a). Zaremba: Second. De Weerd: Okay. I have a motion and a second. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council January 22, 2008 Page 101 of 101 EXECUTIVE SESSION: De Weerd: Do I have a motion? Rountree: I move to come out of Executive Session. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 1:27 P. M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR T Y De WEERD ATTESTED: JA' DATE APPRO` rA~ , ~~` d y~i ~® ~ v L HOLMAN, CITE' C ~ ~, :~%~ •~ T 9 ~~ ~ ~ ~d` e • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 200$ APPLICANT ITEM NO. S-A REQUEST Approve Minutes of November 20, 2007 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of December 11,2007 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publ(c meetings shall become property of the City of Meridian. COMMENTS ! • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of December 20, 2007 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-D REQUEST Approve Minutes of January 8, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ ~L/ ~,,,c~ v" CITY PARKS DEPT: /y. 'f " U~ 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 fhe Cily of Meridian. • January 18, 2008 • CPA 07-012 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Strada Bellissima Commercial, LLC ITEM NO. 5-E REQUEST Resolution -Request for an amdmt to the Comp. Plan Future Land Use Mapt to change the land use designation from low density residential to commercia for Strada Bellissima Commercial - nwc of Meridian Road and Vctory Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution b OG~y~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. ~ ~ ~ ~~6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE STRADA BELLISSIMA PROPERTY ON THE NORTHWEST CORNER OF VICTORY ROAD AND MERIDIAN ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Strada Bellissima Property located on the northwest corner of Victory Road and Meridian Road, Meridian, Idaho; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO A5 FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE STRADA BELLISSIMA CPA 07-012 Page 1 of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this Z day of ~ 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ ~ day of ~~n"-~~ , 2008. APPROVED: ATTEST: By. ~ o William G. Berg, Jr., ~~~ ~M~~4x T y e Weerd ~ ~ . ®,a ~~ __ 0 3~ ~~1~ ®~' ~d 1 ~m~~La erk ~ ~~ ` ~ ,,~ c~ io~~~e~,,,,~ ~, r 1~j1,~,~~ao`< /o~O ~ `~ ~\°ao COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE STRADA BELLISSIMA CPA 07-012 Page 2 of 2 Q ~I1' i ~~ - ~ ~ ~ - (~ ~~~ ~_ ~~~ ~`~ > ~, ,, ~ ,, _ ~~~~~ , ~ ; ~--~ ~ - -- ~. ~~ ~ I i~-- ve_ _ -. fir, ~-~ \ ~ ~`r°" ~ ~, ~~ ~ i~- '~ ,, ~ ~ ~ '~~, ": 3 ~. City of Meridian Future Land Use Map ~~ ~, e Future Land Uses Commercial ~~- Industrial ~"° _Y ^'i O(fice High Density Residential Medium Dens~y Residential Low Density Residential Old Town Mbced Use -Interchange Muted Use -Regional Mbced Use -Community Mixed Use -Neighborhood Mbced Use -Waste Water Treatment Plant Public/Quasi-Public C~%VL ~ IDIAN~-- a®~~® Pre~red bi+the Meridian Planning De~rtment Print Date: January 15, 2t1~ I `~~~ ~,\ ,~, _: _ nr i ~ ~ January 18, 2008 CUP 07-016 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT JUB Engineers ITEM NO. 5-F REQUEST Findings for Approval -Request for a CUP for 171 multifamily dwelling units in an R-4 zone on a 10 acre site located within Lochsa Falls PD for Selway Multi-Family Development - w/o North Goddard Creek 8~ n/o McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ ~ ~jy-~e Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN (.~Vt E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~~AH~ DECISION & ORDER In the Matter of the Request for Conditional Use Permit (CUP-07-016) for amulti-family development consisting of 171 multi-family dwelling units on a 10 acre parcel located within the Lochsa Falls Planned Development AND Private Street approval within the proposed Selway multi-family Development. Case No(s). CUP-07-016, PS-07-007 For the City Council Hearing Dates of: November 27, 2007 and December 18, 2007 (Findings approved on January 22, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report, incorporated by reference) 2. Process Facts (see attached Staff Report, incorporated by reference) 3. Application and Property Facts (see attached Staff Report, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016 and PS-07-007 _ 1 _ • 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 Site Plan, Landscaping Plan and Conditions of Approval all in the attached Staff Report, 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 CUP Site Plan as evidenced by having submitted the Site Plan dated July 10, 2007 is hereby conditionally approved; 2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape Plan dated July 10, 2007 is hereby conditionally approved; 3. The applicant's CUP Elevations as evidenced by having submitted the Elevations dated December 7, 2007 is hereby conditionally approved; 4. Modifications to the site specific conditions were made at the City Council hearing and are updated in the attached staff report; and 5. The site specific and standard conditions of approval are as shown in the attached Staff Report, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016 and PS-07-007 _ 2 _ ~ i phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Council maybe granted. With all extensions, the Director or Council may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016 and PS-07-007 _ 3 _ • , By action of the City Council at its regular meeting held on the 2?iG` ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_ ~~~~ COUNCIL MEMBER JOE BORTON VOTED_ C% ,ems COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ '~~~ COUNCIL MEMBER KEITH BIRD VOTED_ iJ~~t1 TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- . ~ ~~ B 0 I~'~ DE WEERD ,~ - • ~~ , ATTEST: ~°' ~" ~ ~ "y~~"~ ~~' ,~ '., WILLIAM G. BERG, JR., ~, ~~;~. 9~.~ , °~ ~ ~ y '~////11!81 Plll~t~!`\ Copy served upon: .~ Applicant Planning Department -~ ublic Works Department City Attorney By: City Clerk's Office Dated: ~-2~-Ic'OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016 and PS-07-007 _ q _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS STAFF REPORT Hearing Dates: September 20, 2007 and October 4~` E IDIAN~~-- Planning & Zoning Commission; ~ ~,~ ~ ~ November 27, 2007 and December 18, 2007, City Council (Findings on January 22, 2008 CC Agenda) TO: Mayor and City Council (Note: The Planning and Zoning Commission's action from September 20 and October 4, 2007 was appealed to the City Council. The City Council heard the subject CUP on November 27, 2007 and December 18, 2007.) FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Selway Multi-family Development CUP-07-016 -Conditional Use Permit for amulti-family development consisting of 171 multi-family dwelling units on a 10 acre parcel located within the Lochsa Falls Planned Development. PS-07-007 -Private Street approval within the proposed Selway Multi-family Development. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian Apartments, LLC, has applied for Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 17 multi-family buildings (4 24-plexes, 8 8-plexes, and 5 duplexes); one storage building; and a club house with managerial living quarters on 10.1 acres. The applicant is also requesting approval to construct a Private Street loop road to provide access and circulation throughout the proposed development. The private access road from N. Goddard Creek is the only ingress/egress to the proposed development and provides future connectivity to the future commercial property to the south. The site is located on the west side of N. Goddard Creek Way, approximately 500 feet north of W. McMillan Rd. and a quarter mile east of N. Ten Mile Rd. As part of the Lochsa Falls Planned Development approval in 2002, this area was conceptually approved for 171 multi-family units. As part of the Lochsa Falls approval, the City Council allowed the subject multi-family development as a use exception to the primarily single-family Lochsa Falls Development. The City and the developer have entered into a Development Agreement requiring CUP approval prior to construction of the subject multi-family development. A final plat was also approved by the City Council for the subject site in June 2007. The site is currently designated High Density Residential on the City's Comprehensive Plan Land Use Map and zoned R-4. The subject site is currently vacant. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. The Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. Staff has provided a detailed analysis of the requested CUP and PS applications below. Staff recommends approval of CUP-07-016 for the Selway Multi-family Development, as presented in the Staff Report for the hearing date of September 20, 2007, subject to the conditions listed in Ezhibit B. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 1 CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 07-007. a. Summary of Commission Public Hearings: i. In favor: Daren Fluke, Wayne Thowless, Allen Wallace ii. In opposition: John Nelson, Laurie Miller, Brian Coffey, Dion Callahan, Matt Hessing, David, Budolfson, Anna Budolfson, Tammy Witham, Erin Tidermen. Mr. and Mrs. Valas, Tracy fries, Marorie Matthis, Chris, Sandra Robert Lighton, Donna Eggess, Jennifer Regner, Ken Pahlas, Ann Nikakis, Nick Nikakis, Bernadette Reisbeck, Glen Tiderman, James Shilton, Brian Katcher, Sheryl Hopkins Don Fleck, Dan Skoric, Mark Wheeler, Sarah Marksfield Katcher, Dan Clizbe, John Bellamy Lawerence Gibson, Wally Reisbeck, Sandra Freeman, Jim Freeman, Linda Ullman, Jim Ullman, Andrea Skoric Jeff Weeks, LaDawn Weeks, Ron Horsley, Joanne Stevens, Mel Grant, Lillian Grant, Sylie Carbajal iii. Commenting: Glen Tiderman, James Shilton, Brian Katcher, Sheryl Hopkins, Don Fleck, Dan Skoric, Mark Wheeler. Sarah Marksfield Katcher, Dan Clizbe, John Bellamy, Lawerence Gibson, John Nelson, Karl Miller, Matt Hessing, Tammy Witham, Paul Valas, Tracy Fries, Marjorie Matthis, Russ Pollock, Mindy Hayes Rachael Nelson iv. Written testimony: John and Rachel Nelson,Elalne and Mike Robey Sheryl How Dion Callahan v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood, Bill Nar,~ b. Key Issues of Discussion by Commission: i. Lighting for the development. u. The beaming along the northern and western property lines. iii. The building materials (i.e vin ly siding, three tab roofmg, hardy plank siding, rock/stone accents for the proposed development. iv. Th_e__pathway connectivity to the north with the existing residential nei borhood. v. Denser landsca~g adjacent to the residential homes along the western and northern boundaries. vi. Construction of the trash enclosures being of block with off-set metal agates. vii. Vinyl fencing along the southern pro e~rty boundary. viii. Mechanical units to remain in the rear of buildings F. iz. New elevations with new building materials for Commission review. z. Access and future connectivity with the commercial parcel to the south. zi. Building setbacks adjacent to residential structures. c. K~ Commission Changes to Staff Recommendation: i. Building materials for the buildings are to be hardie board siding as submitted with CUP application. u. Lighting for the development must be shielded. iii. Applicant is to work with staff regarding an additional amenity. iv. Trash enclosures are to be constructed of block with off-set metal ag tes. v. Additional trees to be planted along the north and west side with trees touching at 80% maturity. vi. Provide vinyl fencing along the southern boundary. vii. Connect the existing micropath to the north. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 2 • CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS viii. All landscaping along the north and west property lines shall be installed and prior to obtainins any occupancy for any building all development improvements such as irrieation, parkins and landsca~g shall be installed on that building's site iz. Additional elevation for Building F1 has been inserted into Exhibit A of the staff report. z. Buildine setbacks are to remain the same along the western and northern side zi. AC units to remain in the rear of Building F/F1 along_northern boundary ~.. Summary of itv o ~nc~l puhli Flparingc_; i. In favor: Darren Fluke. Wayne Thowless Kurt Capen (Rudeen Development) ii. In opposition. Cory Sanford Tarvn Sanford Jackie Valas Sandra Lei ton Robert eiehton. Brian Katcher. Sarah Katcher. Chris Aries. Glen Tiderm_an_ Bradley Gardoski. Tracy Fries. Sandra Freeman Jim Freeman Jim iJllman i inch i Tllman Matt Hessine Jennifer Reener John Bellamy Carl Miller Melvin ('mant Fric Crawford Rachael Nelso _ James Shilton and Russell Pollock iii. Commentine: Tracy Fries Glen Tiderman Carl Miller Rachael Nelso Meld Grant Eric Crawford John Bellamy James Shilton_ James Gorick_ Chris Fries ussell Pollock. Paul Valas Mindy Haves Linda Ohnan Dan Clizbe Corey S ford Sandra Layton. Matt Hessine Jill McClain Sarah Stewart and Robert La on iY. ritten testimony: Dorothy Pefferle_ Allen Wallace (Attorney for Rudeenl y. Staff presentine annlication:_Anna Carmine for the November 27 2007 hearne and Caleb Hood for the December 18 2007 hearine Yl. Other staff commentine on application. Bill Narv Ron Anderson Lieutenant Stnwe Christy Richardson (ACRD Staff). Steve Siddoway. Chief Niemeyer (Fire Department) ,11, ev Issues of Discussion by ounc'l; L Landscapine alone the northern property boundary includine mo_ re screening fnr vehicle headliehts. 1L uildine materials and elevations for the site includine 50% stone accents and erecter modulation on the carriaee units iii. 1VIulti-family development setbacks required by the UDC. iY. Future amenities in Heroes Park. Y. The Fire Department's turnips radius requirements and the dead end exceedine the 1 0-foot in leneth located in the southeast corner of the development Yl. o Parkins allowed on N. Goddard Creek Wav. Yll. The process the Plannine and Zoning Commission and City Council used to annrnve use exceptions as part of planned developments. bii. The drainaee for the site. 1S. The pathway connectivity to the no with the existine residential neiehborhood g. rovidine cross-access easement to the property to the south d secondary access to the development via McMillan Road to the southern west corner of the development ~. The compatibility with the surroundine residential neiehborhoods in reeards to density. property values. local_schools and roadways. Vii. uildine and landscape maintenance for the site iii. Council had concerns with the earaees under the carriage u~ts beine rented out to persons not rentine within the development. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 3 s ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS ~. Combustibles or o her fl enable materials stored in the earaees below the carriage units. ~. The ~ara~es being renting to persons other than those who rent in the Selway partment complex ~. The location of the additional amenity within the proposed development ~i. The location of the emer~encv access for the site and its location north of the en ranee to the develo ment• both ta`kin~ access from N Goddard Creek Wav ~, Kev Council Actions i. The connection of the pathway to north is not required Instead. the developer shall install at their expense the necessa_ fencing prohibiting a_cce_s__s t_o_ the develnpment from the northern pathway ii. The Meridian Fire Department and Planning Staffs will determine the number o 'ts allowed prior to reauirine the seconda~ access located in the southwest corner of the development (see IFCI iii. All deciduous trees located within the northern and western buffer shall be planted with a minimum of 3" caliper trees iv. No parkinir siens shall be installed along N Goddard Creek Wav from Wapoo Street south to McMillan Road at the expense of the developer in accordance with ACPID Traffic Services v. Dormers shall be added to the west and east roof planes or gable roof planes on the ends of the storage building Buildine Hl and elazin~ (window panelsl shall be added to the ~araee doors of the carriaee units Buildines F & Jl_ vi. rovide a cross access easement for the property to the south allowing access for both connection points. near the _southeast and southwest areas of the cite- to/frnm Goddard Creek Wav vii. The applicant shall provide staff a copy of the aereement allowing the use of the southern parcel for the parking and storaee of construction materials and equipment durine construction of the development. if applicable. viii. The applicant shall provide staff with a business pl _ maintenance guidelines and assurance that there will be an on site presence of facilities operation staff and facilities maintenance staff at least six days a week. iz. One ground level earaee unit below the carriage house shall be part of the lease to the upper level carriage home. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP- 07-016 and PS-07-007 as presented in staff report with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP-07- 016 and PS-07-007 for the following reasons: (you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers CUP-07-016 and P5-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 4 ~- s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West side of N. Goddard Creek Road, approximately 500 feet north of E. McMillan Rd. and % mile East of N. Ten Mile Rd. Section 26, T4N, R1W b. Owners: Daniel Gibson 19500 HWY 20/26 Caldwell, ID 83607 c. Applicant: Meridian Apartments, LLC P O Box 633 Liberty Lake, WA 99019 d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beechwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: R-4 f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: The applicant has applied for Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 17multi-family buildings (4 24-plexes, 8 8-plexes, 5 duplexes); one storage building; and a club house with managerial living quarters on 10.1 acres. The applicant is also requesting approval to construct a private street to provide access and circulation throughout the proposed development. 1. Date of site plan (attached in Exhibit A): 07/10/07 2. Date of landscape plan (attached in Exhibit A): 07/10/07 3. Date of elevations (attached in Exhibit A): 12-07-07 (Revised for the December lSa' hearing and inserted in this Staff Report) h. Applicant's Statement/Justification: The subject site was approved as part of the Lochsa Falls Planned Development and has the appropriate land use designation of High Density Residential. A development agreement for the site requires CUP approval prior to any construction of multi- family structures. The final map for the property was approved on June 19, 2007 and is currently being routed to the agencies for their signature. Based upon the input received from the neighbors at the first public meeting, changes were made to the site, building and landscaping design and a second meeting was held. The project is proposing 171 dwelling units including a club house, storage building and several amenities and open space for the residents to use. The intent of the design is to provide a transitional zone between the proposed commercial property to the south and the single family residential to the north. Important consideration has gone into the site layout and design of the project to ensure compatibility with the surrounding residential uses. (See Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the Commission on this matter. A Council Review Annlication was submitted to the City for this proiect. Therefore a public hearing before the City Council is reauired. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS b. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. c. Newspaper notifications published on: September 3, 2007 and September 17, 2007 (Planning and Zoning Commission); November 5, 2007 and November 19, 2007 (City Council d. Radius notices mailed to properties within 300 feet on: August 24, 2007 (Planning and Zoning Commission); November 2, 2007 (Gifu Council) e. Applicant posted notice on site by: September 10, 2007 (Planning and Zoning Commission); November 17, 2007 (Gifu Council) 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The area surrounding the proposed development is primarily single-family residential. The parcel to the south of the subject site is vacant and approved for future commercial development. c. Adjacent Land Use and Zoning: 1. North: Single-family homes, Fulfiar Subdivision No.7 (aka - Lochsa Falls), zoned R-4 2. West: Single-family homes, Verona Subdivision, zoned R-8 3. South: Vacant, zoned R-4 (Future Commercial Development); Single-family homes, Bridgetower Crossing Subdivision No.7&9, zoned R-8 & R-4 4. East: Single-family homes, Fulfur Subdivision No.3 (aka - Lochsa Falls), zoned R-4 d. History of Previous Actions: The subject property was previously approved for 171 multi- family dwelling units in 2002 with the Lochsa Falls Planned Development. The Development Agreement (DA) for this property requires Conditional Use Permit (CUP) approval prior to construction of the multi-family units. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Location of water: N Goddard Creek Way N Goddard Creek Way Issues or concerns: 1.) Depending on fire flow requirements a third water connection may be required to Lochsa Falls Office/Commercial 2. Floodplain: N/A 3. Canals/Ditches Irrigation: N/A 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Size of Property: 10.1 acres 6. Gross Density: 17 units per acre Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 6 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): N/A (existing on Goddard Creek) 2. Width of buffer(s) between land uses: N/A (a land use buffers will be required on the parcel to the south when/if it develops with non-residential uses.) 3. Percentage of site as open space: The applicant states that 17% (74,782 sq. ft.) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 171 units proposed in this development. As a reference for multi- family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 2,500 square-foot community club house and fitness facility (Quality of Life), property management office, storage building, development map/directory (Quality of Life), pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life) and 2,000 square foot tot lot (Recreation) and open space (Open Space). See Analysis below for more information regarding amenities. h. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have atwo- car covered carport or garage for each unit. The submitted site layout does propose covered parking spaces and garages for all of the multi-family dwellings. The site plan complies with the off-street parking requirements of the UDC. i. Conditional Use Information: 1. Non-residential square footage: 2,500 square feet (Community Clubhouse) & storage building 2. Proposed building height: Varies; R-4 District allows a maximum 35 feet 3. Percentage of site devoted to building coverage: 18% 4. Percentage of site devoted to landscaping: 45% 5. Percentage of site devoted to paving: 36% 6. Percentage of site devoted to other uses: 17% useable common open space 7. Number of Residential units: 171 j. Proposed and Required Residential Standards: The subject is currently zoned R-4 which is primarily a single family residential zoning district. If the subject CUP is approved, the applicant should request a rezone to R-40 which is consistent with the Future Land Use Map designation for this property and is representative of the proposed multi-family residential land use. R-4 Standards Setbacks (measured to perimeter property line) Proposed Required Front Living Area to street 36 25 Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Side 15' S & 23' N 5 Rear 15 15 Maximum building height 3 stories 35 k. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The applicant is proposing private street access for this development. There is one private street connection to N. Goddard Creek Road. The private street system provides access and an interconnected looping circulation system throughout the development. It also allows for future connectivity to the vacant commercial parcel to the south. As of the print deadline for this report, staff has not received written comments from ACHD. ACHD staff verbally indicated that they had no issues with the proposed development. When they are received, staff will add ACHD's comments and conditions to Exhibit B. 7. AGENCY COMMENTS MEETING On August 31, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, and Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated "High Density Residential" on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to allow for the development ofmulti-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, town homes and other multi-unit structures. Other uses within the development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms and other landscaping features to serve as buffers between neighboring uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. North of the site is an existing single family development. East of the site is a single family subdivision. West of the site is also single family residential. The parcel to the South is currently vacant, but planned for commercial development. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the proposed commercial project to the south and the single family homes to the north. The duplexes located along the northern property boundary are designed to emulate two story single family residential homes and provides screening for the interior portion of the development, which include three story structures. Although staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation, staff believes an additional elevation and landscaping buffering is needed along the northern portion of the property (see Analysis below). • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicable landscape buffer has already been installed along Goddard Creek Road. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a private loop street system within this development. The private street is shared with the future commercial development to the south. One connection to N. Goddard Creek Way is proposed. Staff is generally supportive of the vehicular connectivity proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent project to the north has provided an opportunity for a pedestrian connection to Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS this property. The applicant is providing pedestrian connectivity internally as well as to the Fulfer Subdivision No. 7 to the north. The applicant is also proposing to construct an internal pathway system for recreational use. Staff is requiring the applicant to provide pedestrian connectivity to the future commercial parcel to the south as well. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. The site currently is enclosed on three sides. Additionad fencing is only needed along the southern property line. 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 Residential Districts: UDC Table 11-2A-21ists multi-family development as a use not allowed in the R-4 zone; however this multi-family development was originally approved in 2002 with the Lochsa Falls Planned Development as a use exception. Staff recommends the applicant rezone the parcel to R-40 so that the use conforms to the zoning district and so that the zoning map will accurately depicts this use. The R-40 zoning district is the most appropriate zoning district for the density of 17 dwelling units to the acre that is being proposed. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 2 Article D. c. Multifamily Development (iJDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (iTDC 11-4-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS A minimum of 80 squaze feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation azeas, parking azeas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage azea, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (iJDC 11-43.27C): A minimum azea of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less squaze feet of living azea; b) 250 squaze feet for each unit containing more than 500 squaze feet and up to 1,200 square feet of living azea; and c) 350 squaze feet for each unit containing more than 1,200 squaze feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (LTDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public aze such as a statue); b) Open Space (open grassy azea of at least 50 by 100 feet in size, community gazden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (iTDC 11-43.27.E): All building elevations shall have a minimum portion of the elevation devoted to azchitectural features designed to provide articulation and variety. These features shall include, but aze not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum azea of 25 squaze feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent azchitectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Exterior building materials and fmishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (iJDC 11-4-3.27.x: Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (LTDC 11-4-3.27.G): All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. CUP/PS Applications: Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-family and general design standards that the applicant should be required to comply with. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated High Density Residential. This designation anticipates densities exceeding 8 dwelling units to the acre in this area. The applicant is proposing a density of 17 dwelling units to the acre. If the Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 12 CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS subject CUP is approved, Staff recommends the applicant apply to rezone the parcel to R- 40 to be consistent with the Future Land Use Map designation. The R-40 zoning district is also more appropriate for the density of 17 dwelling units to the acre the applicant is proposing. Landscaping: The landscape plan prepared by Leatham, Krohn, Vanocker Architects, on 7-10-07, labeled Sheet L-1 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: The applicant is proposing a 20-foot wide landscape strip along the north property line. Except where the single-story storage units are proposed, the applicant is proposing an approximately 40- foot wide landscape strip along the west property line (the storage units are set back approximately 15 feet). These landscape areas have pretty dense vegetation and the applicant is proposing several 3" caliper deciduous trees (2" is typical). However, because the City has received several complaints from adjacent property owners regarding this development, staff believes that it is appropriate to provide a wider and denser landscape buffer to the north and west; a minimum 25-foot wide landscape buffer should be constructed along the north and west property lines (NOTE: Private useable areas (patios, decks, etc.) may be allowed in the landscape buffer, but HVAC units shall be prohibited in this landscape buffer; move to the side of the duplezes). Landscaping in these areas should be consistent with the land use buffer requirements listed in UDC 11-3B-9, so as to create a solid landscape barrier to the e~sting single-family homes when the trees mature. Further, a berm shall be constructed and all deciduous trees within the north and west landscape areas shall be a minimum 3" caliper. If additional landscaping (open space) is added to the north and west, as noted, Staff believes that the proposed landscaping is sufficient for this project. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will be provided with at least 80 square feet of private open space in patios (lower level units) and balcony/decks (upper level units. Staff is supportive of the applicant's proposal. Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout does propose covered parking spaces and garages for the multi-family dwellings. The applicant is proposing 360 total car parks for the multi-family units; 282 covered, 32 uncovered (including the 18 visitor parking) and 28 garage spaces for resident parking. The applicant complies with the off-street parking requirements of the UDC. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). As a reference, the UDC requires multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 2,500 square-foot community club house and fitness facility (Quality of Life), property management office, storage building, development map/directory (Quality of Life), pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life) and 2,000 square foot tot lot (Recreation) and open space (Open Space). Staff is generally supportive of the proposed amenities, but believes an additional active amenity should be provided on the west half of this Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS site. )f additional landscaping (open space) is added to the north and west, as noted in the Landscaping section above, and an additional active amenity (BBQ area, horseshoe pit, etc) is added in the vicinity of Building 7B, Staff believes that the proposed amenities are sufficient for this project. Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Elevations: The applicant is proposing several different structures on this site. There are duplexes, 8-plexes, 24-plexes, storage units and a clubhouse. The applicant has submitted building elevations for all of these structures. The storage units (Building H) on the west side of the development are single-story, the duplexes (Building F) on the north side and the 8-plexes (Buildings D & E) are two stories tall, and the 24-plexes (Buildings A, B, C,) are three stories tall. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. However, Staff is not in favor of the vinyl siding being proposed as the primary siding material. Exterior building materials and fmishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Due to the construction materials being used on the single-family homes in this area, Staff believes the applicant should also use building materials that are more compatible to the surrounding residential neighborhoods. Staff recommends that the Commission prohibit vinyl siding on the buildings in this development. Further, Staff recommends that the applicant, at the public hearing, state what type of siding material will be used instead of the vinyl. There are 5 duplex structures proposed on the north side of this site. All of the proposed duplexes are two-stories and are the same building. Staff is supportive of the applicant proposing less- intense structures as a transition to the single-family homes to the north, but recommends that at least one more duplex building elevation be proposed. >(f the applicant complies with the landscape buffer requirements (see Landscaping above), adds another duplez elevation building and constructs the buildings with quality materials, staff believes these duplex units can work adjacent to the single-family units to the north. Staff will ensure that when CZC applications are submitted for construction of the multi-family buildings in the future that the elevations comply with the UDC requirements and the elevations submitted. Pedestrian Pathways: The adjacent project to the north has provided an opportunity for a pedestrian connection with this property. The applicant is providing pedestrian connectivity internally as well as to the Fulfer Subdivision No. 7 to the north. The applicant is also proposing to construct an internal pathway system for recreational use. Staff believes that the applicant should also provide a pedestrian connection to the future commercial parcel to the south, near the southwest corner of this project. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi-family Setbacks: The UDC does not have a specific setback between internal multi-family units. The submitted site plan shows setbacks that exceed the minimum setback requirements of the R-4 zoning district. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. Staff encourages the applicant to contact SSC for further comment on enclosure design and location prior to submitting for a CZC. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 14 i ~ CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Open Space: Open space is defined as an area substantially open to the sky that maybe on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family development range in size from 922 square foot one bedroom, one bath units to 1,167 square foot, three bedroom, two bath units. The UDC requires 250 square feet for each unit containing between 500 and 1,200 square feet of living area. The proposed development has been approved for 171 units. The minimum amount of open space required per code for the proposed development is 42,750 sq. ft (171 X 250 sq. ft.). The applicant states that 17% (74,782 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staffbelieves that the open space proposed complies with the UDC. Street Buffer: A 20-foot wide street buffer is required along North Goddard Creek Way, a collector street (CTDC 11-ZA-6). UDC 11-3B-7C2a requires all residential street buffers to be located on a common lot maintained by ahome-owners association. The applicable landscape buffer has already been installed with prior subdivision approval. Fencing: The site has existing 6 foot fencing along the west, north and east boundaries of the development. The applicant has not proposed any fencing along the southern portion of the property. Staff recommends that the applicant, at the public hearing, testify as to whether permanent fencing will be provided along the south property line. A detailed fencing plan should be submitted with any future CZC application. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. The development lies within the Settler's Irrigation District. The applicant states the pressurized irrigation system will be maintained by the Home Owners Association. Private Streets: The applicant is proposing to use a private street to provide access to this development. The private street system provides access to the future commercial development to south and an interconnected looping circulation system throughout the development. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private Selway Multi-family Development CUP-07-016; PS-07-007 PAGE I S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS street standards are listed in UDC 11-3F and as conditions in Exhibit B. Staff is generally supportive of Private Street proposed for this multi-family development. Opposition/Testimony/Comments: StafFhas received several letters and verbal comments from nearby residents requesting denial of this project. Staff has thoroughly reviewed the previous Lochsa Falls Planned Development, Development Agreement, and the subject CUP application and believes that the conditions of approval in Exhibit B incorporate some of the neighbors' concerns and mitigate any adverse impacts this project may have on the surrounding uses. Staff recommends the Planning and Zoning Commission rely on any verbal and written testimony provided for this project when making a decision. Staff recommends approval of CUP-07-016 for the Selway Multi-family Development, as presented in the Staff Report for the hearing date of September 20, 2007, subject to the conditions listed in Exhibit B. CUP-07-016 and PS-07-007. On October 19.2007 the City received a City Council Review_ _A_nnh~~.~.... s Haw r_._.~.u.. earin~ wa held by he itv ounc'1 on bic matte 11. EJ~ITS A. Drawings 1. Site Plan (dated: 7-10-07) 2. Landscape Plan (dated: 7-10-07) 3. Cross-section for the northern boundary Harkin (Incerted for fL inns on January 22.2008.1 4. Elevations Submitted during the December 18a' hearin :dated 12_n7_0~ B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District a-mail from Christy Richardson dated 12-12-071 8. Central District Health Department 9. Settler's Irrigation District C. Required Findings from Unified Development Code 1. CUP Findings 2. Private Street Fuadings Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 16 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS A. Drawings 1. Site Plan (dated: 7-10-07) Exhibit A -I- CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FIlVDINGS eB a a i~°, ~e a ~n ~a Fa ~ ~ ~° ~1~ 2. Landscape Plan Qty. ~~ Y ~~ ~~ $~~ Exhibit A -2- CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS f L.. e ~~ -- 1 9 3.~ a ~~ ~} Exhibit A _ g _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 3. Cross-Section for North BoLndarv Parlan Reviewed a~the December 18~' hearinul ~~~ Exhibit A -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 4. Building A & B Elevations evised elevation cLb fitted dLrin~ he December 18~' hea 'n 1 ~~ ~y~1 elx 9k~EMmlbn•'A' paaFlrv#N+-Rv19mi'A' ~~ ~~~ S I. -- tY.4 ~~` i _aan.Elwnkn-f~enna _ero~,a.,~_su~g«.,~ Exhibit A -5- ~M1VIf}1bpM1m.R1/eh~'B' -fi~r~kmAvn~miNraS • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Building C & D Elevations ~., ~,~ _~.~~ • ~~ ~~~ ~~ ~~~ Exhibit A -6- ~~_~T ii i CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Building E & F Elevations ~~i ~. :... .~ f~Ekvnllm•@~YmP SIRi Ehm~vn. F ~~ ~ i. ~ i ~~• LY 3p~v EMWhm.BYNn9'F fiHe El. IM•f9liFN F' anv.v ~u.,u Exhibit A _ ~ _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS Building Elevation for F1 (Changed labeling to Bldg ~ ~~.~ `I L -1 -1- - ~ ~_ _~ ~, , 54 _~ II wf~ _"k, ~" ~~ ~,., Building Gand H -Club House and Storage Building Elevations ~~.~,~ ~~.~s ~... ~1` t ~~nan..me~.®~x ~.et..m~. s.~aex ~ ~,.mdm"x ee. o.m~.mumw ~~ ~~1 F~L Exhibit A _ g _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Sl'TE SPECIFIC REQUIREMENTS 1.1.1 The Applicant shall comply with all applicable conditions of approval for Conditional Use Permit (CUP-02-012), Preliminary Plat (PP-02-009), Annexation (AZ-02-010), and Development Agreement (instrument # 103012598) of the Lochsa Falls Subdivision and the Selway Final Plat (FP-07-018). 1.1.2 Prior to issuance of a Certificate of Zoning Compliance (CZC) application, submit a rezone application to the Planning Department for the subject property. Said rezone application shall request the R-40 zoning designation. 1.1.3 The site plan prepared by Leatham Krohn Vanocker Architects, dated July 10, 2007, is approved with the conditions listed herein. 1.1.4 The landscape plan prepared by Leatham Krohn Vanocker Architects, dated on July 10, 2007, is approved with the conditions listed herein. line~The landsca~~ buffer along the north property line shall be 24 feet wide measured from prop line to ground floor of the building, with an allowance of two feet of projections for the second floor (the buffer width to the west is approved as shown on the landscape plan). Additional trees shall be planted in the west and north buffers with planting of trees touching at 80% of maturity. (NOTE: Private useable areas (patios, decks, etc.) maybe allowed in the landscape buffer, .Landscaping in these buffer areas shall be consistent with the land use buffer requirements listed in UDC 11-3B-9, as to create a solid landscape barrier to the existing single-family homes when the trees mature. " .All decidLOUS trees within the subject buffer areas sha 1 be a inimum _ ' ca finer a plan 'n . • Provide landscape islands at the ends of the parking rows within the development. Said islands shall contain at least one tree. All internal landscaping shall be constructed in accordance with UDC 11-3B-8C2. • All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the storm water detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a building or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to final occupancy being granted. All standards of installation shall apply as listed in UDC 11- 3B-14. • Pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 1.1.5 Provide private streets, and private street signs (including one at the Goddard Creek intersection), within the multi-family development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F, and be constructed 26-feet wide, and have 28' inside and 48' outside turning radii. Provide across-access/ingress-egress easement for the parcel to the south to use the private streets as access to the public street system (at N. Goddard Creek Way). Prior to the occupancy of the first building on this property, provide a copy of a recorded cross- access/ingress-egress easement (or agreement). Said easements shall include both connection points to the south. 1.1.6 Provide at least 360 parking stalls for the multi-family units; 282 covered, 32 uncovered (including the 18 visitor parking) and 28 garage spaces, as proposed. 1.1.7 Provide an additional pedestrian access (stub) to the vacant commercial property, .located near the southwest corner of the site. 1.1.8 Provide the following: a property management office, a storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. 1.1.10 Provide amenities as follows: a minimum 74,782 sq. ft of open space, a 2,500 square-foot community club house and fitness facility (Quality of Life), storage building, pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life), a 2,000 square foot tot lot (Recreation) and open space (Open Space), as proposed. In addition, provide an additional active amenity (BBQ area, horseshoe pit, etc) in the vicinity of Building 7B. Except for the landscaping directly around the structures, all amenities shall be completed prior to occupancy of the third building in the development. 1.1.11 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. Prior to release of occupancy the applicant shall provide staff with its business elan its maintenance guidelines and assurance that there will be anon site presence of facilities operation staff_and facilities maintenance staff at least six days a week. 1.1.12 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. 1.1.13 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 1.1.14 As determined by the Planning Director, the multi-family buildings, storage building and clubhouse constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4- 3.27E. 1.1.15 Vinyl siding is prohibited on buildings in this development. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Change/variation in material type is required. The developer shall use building materials mentioned above and incorporate those building materials into the facades of the multi-family structures. Said facades shall be compatible with the surrounding residential structures. All buildings on the site shall be constructed of Hardie Plank sidine (wide plank narrow plank and board and battenl with ctnn_P accents as submitted with this CUP application as shown on the revised el vations dated 12 07 2007 and approved by the City Council. Add dormers on the west and east rnnf plant c nr vahlP oof planes on the ends of the storage buildine Buildine Hl and alazine (window panell requirement for the garage doors of the carriage units Buildings F & 1.1.16 Propose and construct a different duplex building (type) for two of the five duplexes proposed on the north side of the site, so that there is variation in elevation. Said duplexes shall be consistent with, but not the same as the proposed Building F. 1.1.17 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings may be contained in a single CZC permit. 1.1.18 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.1.19 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.1.20 ®~~ ~ a• .Prior to obtaining the first Certificate of Occupancy, all landscaping along the north and west property lines shall be installed Prior to obtaining anv occupancy for any building all development improvements such as irrigation, parkins and landscaping shall be installed on that buildin 's site 1.1.21 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.1.22 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.1.23 Comply with all of ACHD's requirements and conditions for this project. No narking signs shall be installed along N Goddard Creek Wav from Wanoot Street conth tc, McM;llan Rnad at the expense of the developer and in accordance with ACRD Traffic 4ervicPc Exhibit B ~ i CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 1.1.24 All trash enclosures within the proposed development be constructed of split face block on three sides 6 feet in height with off-set metal agates 1.1.25 Vinvl fencine shall be constructed along the south side of the property The developer shall install their expense. the necessa_ fencing prohibiting access to the development from the northern pathway. 1.1.26 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plan. 1.1.27 All liahtin~ within the development shall be in accordance with UDC 11-3A-11 The outdoor li~tin¢ shall have downward shielding on the building and perimeter lighting and shall not impact the surrounding sin e-family residences 1.1.28 The applicant shall provide staff a copy of the agreement allowine the use of the southern parce for the parking and storage of construction materials and equipment during construction of the development. if this area is used during construction_ 1.1.29 One around level ~araee unit below each of the carriage houses shall be part of the lease to one o the upper level carriaee units. 1.1.30 The Fire Department and Plannine Staff shall determine the number of units allowed prior to construction of the seconda_rv access located in the southwest corner of the_ devPlnnmPnt ThP applicant should contact Joe Silva 888-1234 for more information 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Goddard Creek Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet,. if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Goddard Creek Way W. 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. Exhibit B CITY OF MERIDIA~LANNING DEPARTMENT STAFF REPORT FOR• WAY FINDINGS 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 fmal plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 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. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3,600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two-family dwellings greater than 3,600 square feet will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire hydrants spacing shall be provided as required by International Fire Code Appendix C. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 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. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.13 Provide a Knox box entry system and gate for the 20' fire lane (not ballazds) for the complex prior to occupancy. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.17 The applicant shall work with the Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.18 Pool chemicals shall be stored incompliance with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. 3.20 There shall be a fire hydrant within 100 feet of all fire department connections. 3.21 Buildings over 30 feet in height aze required to have access roads in accordance with the International Fire Code Appendix D Section D105 (26-feet wide). 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Approved fire apparatus access roads to be 20 feet wide improved gravel surface capable of supporting 50,000 GVW and shall be provided to all athletic fields, concession stands and pathways. Approved water supply shall be provided to all structures. Plans and specifications shall be provided for review and approval. 3.24 Multi-Family and Commercial projects shall be required to provide additiona160 inch wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the pazking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150 feet fire hose as measured azound the perimeter of the building from the fire lane. Code compliant Handicap pazking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.25 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required because of proposed building height and limited access with the single entry into development. 3.26 The developer shall provide a Knox Box at the front entrance sign of the development. Exhibit B CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 4. POLICE DEPARTMENT 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed multi-family dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans as necessary. 4.3 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.4 To increase emergency access to the site, the applicant shall provide a stub street to the south west corner of the property for temporary access to W. McMillan Rd. 5. Parks Department 5.1 No comments received. 6. SANTTARY SERVICE COMPANY 6.1 No comments received. 7. ADA COV1vTY HIGHWAY DISTRICT E-mail from Christy Richardson dated 12-12-071 From: Christy Richardson [mallto:Cr[chardson@adtd.a~.fd.usl ~~ Wednesday, ~ 12, 200711:23 AM To: Anna Canning ~ubjec~ Info Anna - Sony I missed your call. I was on the main line when you called my cell, so couldn't pick that up. But, your message reminded me that 1 had to get back to you with some info on the Selway ApaRments. Our Traffic Services Department west out and took a look. There Fvere some issues raised in public testimony about the site distance at Goddard Creek Way & McMillan. They took measurements and looked at everything and thoughe that no changes were necessary at that intersection. They thought that maybe the island iu Goddard Creek confused things up a bit. As far as the parking issue oa Goddard Creek, I~IO PARKING signs should be installed by the developer, but there ie some striping that the traffic engineer would recommend to go with it, that would further discourage the perking. So, my request is that if the City approves the apartments {since we have already commented and for some reason the signage wasn`t done with the plat), that the City require: The Develo~r shall install NQ PARKING signs on Goddard Creek Way from Wapoot Way (spelling) to the south, for a location to be determined by ACRD Traffic Services. The costs associated with the signs a~ installation shall be the Developer's costs. There is some associated roadway striping/pavement marking that needs to occur with the installation of the signage. ACRD will pay for amd cronduct that work, but the Developer shall coordinate the scheduling of the sign installation with Traffic Services so that the pavement marking work can occur at the appropriate time. Something h7ce that...thaaks! Christy Christy Richardson Program Administrator Right-of-Way & Development Setvicc~ Phone: 208"387°614 Fax: 2(18'"387'6393 Exhibit B CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval ii~om appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 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. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLER'S IRRIGATI©N DISTRICT 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MICTST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. Exhibit B o ~ CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS C. Required Findings from Unified Development Code 1. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council fmds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design (as amended), construction, operation and maintenance of the multi-family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. The City Council fmds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvemenits and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Exhibit C • CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR SELWAY FINDINGS The City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. Commission finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors., The City Council fords that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Commission does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission 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. 2. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street name(s). The design of the street(s) meets the standards as set forth in UDC 1 ll-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The City Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private street does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C January 18, 2008 MERIDIAN CITY COUNCIL MEETING RZ 07-014 January 22, 2008 APPLICANT Kasterra Development, LLC ITEM NO. 5-G REQUEST Findings for Approval -Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanaugh -southeast comer of South Meridian Road and East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings ~~ Contacted: Date: _J ~ ~ hone: Emailed: ~ Ci''C~, QY~. Staff Initials: Materials presented a# public meetings shall become properly of the itX of Meridian. CITY OF MERIDIAN E IDIAI`~T FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ DECISION & ORDER In the Matter of Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) Zoning Districts; Preliminary Plat of 517 Lots [consisting of 443 single family residential building lots; 1 multi family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future%onceptual condo units; 4 mixed use lots consisting of commercial-retail on the first floor with l2 residential lofts on the second floor; 9 commercial building lots, l school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking lots) on 177.43 Acres in the C-N, TN-C, TN-R, & R-8 Zoning Districts; Conditional Use Permit to Convert the Existing Caven Home into a Civic/5ocial Hall in an R-8 Zone; and Development Agreement Modification to Address the New Neighborhood Center Plan and Conversion of the Existing Caven Home into aCivic/Social Hall, for Cavanaugh by Kastera Development, LLC. Case No(s). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 1 _ • • 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. 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 Descriptions, Preliminary Plat, Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 8, 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 Rezone as evidenced by the legal descriptions, prepared by Gregory Holkesvig, dated July 6, 2007, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, prepared by J-U-B Engineers, dated 11/8/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; 3. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, prepared by Kastera Development, dated 8/7/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 - 2 - 4. The applicant's Development Agreement Modification request included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; and 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 3 _ Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 4 _ By action of the City Council at its regular meeting held on the 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~~-=- i5- WILLIAM G. BERG, JR., ~Zw~ '~' day of VOTED_~~~R- VOTED (J~~^-' VOTED_ f Jot. VOTED_~%~h. VOTED ~~' DE WEERD ~a ~ ~ ~ ~~ ~~ ~~'~ ~ . m ~~r~ ~~ ~`~ b .q t,::'' /~ /'e~~~~lllll o'' " ~~, Copy served upon: ~ Applicant lanning Department ~Pu/ bhc Works Deparhnent Crty Attorney By: Z Dated: ~~ ~f ` ~8 ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ g _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT E IDIAN~~-- Hearing Date: January 8, 2008 ~ TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Cavanaugh • RZ-07-014 Rezone of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) (13.59 acres) and TN-C (Traditional Neighborhood Center) (16.49 acres) zoning districts PP-07-015 Preliminary Plat of 517 lots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial- retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in the C-N, TN-C, TN-R, & R-8 zoning districts • CUP-07-017 Conditional Use Permit to convert the existing Caven home into acivic/social hall, in an R-8 zone • MI-07-011 Development Agreement modification to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kastera Development, LLC, has applied for a Rezone (RZ) of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center) zoning districts. The portion proposed to be zoned C-N consists of 13.59 acres and the portion proposed to be zoned TN-C consists of 16.49 acres. Preliminary Plat (PP) approval is also requested for 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptual/future apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots]on 177.43 acres in C- N, TN-C, TN-R, & R-8 zoning districts. A Conditional Use Permit (CUP) is requested for approval to convert the existing Caven home on the proposed Lot 1, Block 34 into acivic/social hall, in an R-8 zone. A Development Agreement modification (MI) is requested to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. This property was annexed into the City in 2006 with R-8, TN-R, and C-N zoning and a preliminary plat was approved at the same time under the name of Tanana Valley. Since that time the property has been sold and purchased by a new owner and is now being developed by Kastera Development. A portion of this property, shown as phase 1 on the preliminary plat, received final plat (FP-07-014) approval in June, 2007 under the name of Cavanaugh Subdivision No. 1. This Cavanaugh RZ PP CUP MI PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 fmal plat contained 123 single-family building lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts. The subject property is located on the southeast comer of S. Meridian Road/SH 69 and E. Victory Road. The site consists of four tax parcels, one of which is currently addressed as 465 E. Victory Road. Currently, there is one existing single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) on this site that the Applicant is proposing to retain for acivic/social hall. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUNIMARY RECOMMENDATION The subject applications (RZ, CUP, PP, & MI) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat, and Miscellaneous (Development Agreement modification) applications. Staff is recommending approval of the proposed Cavanaugh development (RZ-07-014, CUP-07-017, PP-07-015, & MI-07-011) with the conditions listed in Exhibit B of the Staff Report. (Note: The Commission is not required to make a recommendation to City Council on the Development Agreement Modification (MI) application.) The Meridian Plannine & Zoning Commission heard these items on November 15 2007 At the public hearine they moved to recommend approval of the subject RZ. CUP PP & MI request a. Summary of Commission Public Hearing: i. In favor: Wayne Forrev Kastera Development (Applicant)• Ben Haueht, Kastera ii. In opposition: None iii. Commentine• None iv. Written testimony: None v. Staff presentine application: Sonya Wafters vi. Other staff commentine on application: Caleb Hood 1L Kev Issue(s) of Discussion by Commission: i. Proposed access points to/from Victory Road: ii. Allowance of Alternative Compliance for the berm requirement alone Meridian Road adiacent to the residential portion of the development• iii. Requirement of a sidewalk to be constructed by the Applicant alone Victory Road across the Granee Hall property; iv. Rolled curb vs. vertical curb within the development ~. Kev Commission Chance(s) to Staff Recommendation• i. Modify condition #1.2.6.e. to allow the applicant to work with Staff to provide Alternative Compliance for the berm/wall requirement alone SH 69 adiacent to the residential portion of the development: ii. Modify condition #7.1.4 to not reAUire a sidewalk across the Granee Hall property but recommend that the Applicant work with the Granee and the developer to the east to possibly install a sidewalk across the Granee property iii. Modify condition #7.1.14 to recommend that ACRD review the possibility of usine a vertical curb in lieu of rolled curb; iv. Pertainine to condition #7.1.19, require the owner of Lot 24 Block 15 to construct a public street in alienment with Mesa Way on the north side of Victory Road. ~, Outstandine Issue(s) for City Council: Cavanaugh RZ PP CUP MI PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 An inconsistency e~sts in the staff report between the Analysis (in Section 10 pale 13) and the Conditions of Approval listed in Ezhibit B. In the Analysis section. Staff is not supportive of the driveway/private right-in access point to the site from Victory Road between S. Standing Timber Wav and S. Enter Wav shown on the plat/site plan However. Staff did not include a condition of approval to that effect in Ezhibit B ACHD reviewed this access point and included a condition (#7.1.8) in Egltibit B as follows, "Construct one right-in ONLY driveway located appro~mately 1250-feet east of Meridian Road." Staff contacted ACRD regarding this condition and ACHD stated that they are agreeable either way if the access is approved by the City or not The City Council should determine if this access point should be allowed. If not, a condition of approval should be added in Ezhibit B prohibiting this access point The M eridian Citv ounc'I heard thec .items nn Jan» arv R_ 2.(1fIS St the nnhli~ hpa.~:no the ounci l annroved the ubiect 7,. PP. TP. and MI ragas t ~_ u mare of itv o ~nc'1 Public Aearin : i. favor: Wayne Forrev & .raig Knl hak_ Kactera llevelnnment lA....l;oantl_ n H ht B e aug ii. In opposition: None iii. iv. Written testimony: None v. tall presenting ann ication: nna a nin vi. they staff cowmen 'ng on ann ication• oe 'lv ~, ev Issues of Discussion by Council: i. he right-in accec and deceleration lane propo ed on Vic ory Road betwee din W te T'mh F t W d ~ g er _ .n n er av an av: ii. The location of City well facilities on the chool its b_ a ind hot 23. Block S perta'nin ~rit O ec y: iii. The use of the e~sting Caven home a a community center owned and managed v K t D l t f b th i hb h as era eve opmen or u e y e ne or ood and co m unity: iv. a construction of a sidewa k acro c he outparcel on Vic orv Road by Ka r ev l t di t t th h l it e opmen a acen o e c oo s: v. _ ' Mussell requested that the future tru ire on .0 7. Block 6 be imitp ' ~ eight to a s ngle- tore re idence: Wayne Forr v agreed Kev Council Chan~ec to Staff/Commission Rpcnm~.,P~.dation i. ouncil approved the econd accec po'n to the i e from Victory Road to a e between Stan 'ng T'mher Wav and ._ .nter Wav as a ri~bt-in n_n_ly with a deceleration lane: ii. Include a note on the nal plat for he fu ire truct»re on hot 37. Block 36 to he limited in height to a sinule-story residence with a_ma~mum buildins< height of - - 2 iii. he e~sting Caven home ha 1 be owned and mane ed by Ka era Developmen or use as a community center by the nei hborhood and co m unity. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented in staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial Cavanaugh RZ PP CUP MI PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented during the hearing on January 8, 2008, for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-014, CUP-07-017, and PP-07-015 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: The subject property is generally located on the southeast corner of S. Meridian Road/SH 69 and E. Victory Road and consists of Ada County Tax Parcel #'s 51130212450, 51130121110, 51130233725, and 51130234000 NW '/a of Section 30, Township 3 North, Range 1 East b. Owner: DBSI Tanana Valley, LLC 15711 State Highway 55 Boise, ID 83714 c. Applicant: Kastera Development, LLC 15711 State Highway 55 Boise, ID 83714 d. Representative: Wayne Forrey, Kastera Development e. Present Zoning: R-8 (Medium Density Residential), C-N (Neighborhood Business), & TN-R (Traditional Neighborhood Residential) f. Present Comprehensive Plan Designation: Medium Density Residential & Mixed Use- Neighborhood -Neighborhood Center g. Description of Applicant's Request: The Applicant is requesting approval of the following: • Rezone (RZ) of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zoning districts; • Preliminary Plat (PP) modification to address the new village center neighborhood commercial plan and conversion of the Caven home into acivic/social hall. The plat consists of 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptual/future apartment units; 8 residential building lots consisting of 61 future%onceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in C-N, TN-C, TN-R, and R-8 zones; • Conditional Use Permit (CUP) to convert the existing Caven home into a unique neighborhood community center as a civic/social hall for neighborhood and community Cavanaugh RZ PP CUP MI PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JANUARY 8, 2008 events. The civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation; and • Development Agreement modification (MI) to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. 1. Date of Site/Landscape Plan (attached in Exhibit A): November 5, 2007 2. Date of Preliminary Plat (attached in Exhibit A): November 8, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will, in fact, constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: October 1, 2007 and October 15, 2007 (Commission); December 17.2007 and December 31, 2007 (Gifu Council) f. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); December 14, 2007 (City Council) g. Applicant posted notice on site by: September 17, 2007 (Commission); December 13, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) and associated outbuildings on the site. The existing home is proposed to be retained on the site as a civic/social hall. The remainder of the property is being used as agricultural land. b. Description of Character of Surrounding Area: This area contains a mix of uses. To the north, across Victory Road are a commercial nursery and other commercial businesses and single-family homes in Observation Point Subdivision. To the south and east are recently approved subdivisions in the City. To the west, across Meridian Road, are large parcels and single-family homes in the County. This section is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Commercial property (Victory Greens, gas station, Double D feed store), zoned C-G; and residential property (Observation Pointe, Glacier Springs, Kachina Estates), zoned R-4 and RUT (Ada County) 2. East: Residential property (Tuscany Village, Roseleaf, Sicily, Reflection Ridge), zoned R-4 and R-8; Grange hall, zoned Rl (Ada County) Cavanaugh RZ PP CUP MI PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. South: Residential property (approved Sicily & Reflection Ridge), zoned R-4 & R-8; and storage facility, zoned RUT (Ada County) 4. West: Residential property (Meridian Heights), zoned RUT and R6 (Ada County) d. History of Previous Actions: This property previously received approvals under the name of Tanana Valley. The previous applications were as follows: • Annexation and Zoning (AZ-06-015) approval of 192.26 acres to R-8 (177.90 acres), TN-R (10.42 acres), and C-N (3.94 acres) zones. A Development Agreement was also approved with the annexation (Instrument No. 106151214); • Preliminary Plat (PP-06-013) approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres; • Final Plat (Cavanaugh Subdivision No. 1, FP-07-014) approval of 123 single-family residential lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts; and • A temporary Certificate of Zoning Compliance (CZC-07-043) was issued on March 27, 2007 for the existing Caven home to temporarily be used for a real estate sales and construction office for residential dwelling/lots within the development; this permit expires on March 27, 2007. NOTE: There were 548 single-family building lots approved with Tanana Valley; there are 443 single-family building lots proposed with this application. Therefore there are 1O51ess single- family building lots proposed with the subject development. However, in addition to the single- family lots, the subject development now includes lmulti-family residential lot proposed to conceptually contain 32 apartment units, 8 residential lots consisting of 61 future/conceptual condominium units, and 4 mixed-use lots consisting of commerciaUretall on the first floor with 12 residential lofts on the second floor. Although the type of dwelling has changed from 105 single-family to 105 multi-family, the overall number of dwelling units on this property has not changed. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Black Cat Trunk Location of water: This property is proposing water service from mains located in Victory Road and Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 3. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 4. Flood plain:NA 5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazardous to children. Cavanaugh RZ PP CUP MI PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 6. Proposed Zoning: C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center); existing R-8 and TN-R. 7. Overall Zoning for Development: R-8 (Medium Density Residential), C-N (Neighborhood Business), TN-C (Traditional Neighborhood Center); and TN-R (Traditional Neighborhood Residential) zoning districts 8. Size of Property: 177.43 acres f. Subdivision Plat Information: 1. Residential Lots: 463 (+4 mixed use lots w/residential lofts) 2. Non-residential Lots: 15 (including commercial lots, civic/social hall lot, school lot, & mixed use lots w/commercial-retail on the first floor) 3. Total Building Lots: 478 4. Common Lots: 47 5. Other Lots: 3 (parking) 6. Total Lots: 517 7. Gross Density: 3.08 units per acre (net density is 4.76 dwelling units per acre) g. Landscaping 1. Width of street landscape buffer(s): A 25-foot wide buffer is required along E. Victory Road, an arterial street; a 35-foot wide buffer is required along S. Meridian Road/SH 69, an entryway corridor and arterial street; and a 20-foot wide buffer is required along S. Standing Timber Way and the future Rumpel Lane/Harris Street collector streets, in accordance with the standazds listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 20-foot wide buffer is required on property that is zoned C-N that is adjacent to residential uses, per UDC Table 11-2B-3.The buffer shall be constructed in accordance with the standazds listed in UDC 11-3B-9C. 3. Parking lot landscaping: Perimeter and internal parking lot landscaping is required on all lots that aze zoned C-N and TN-C, in accordance with the standazds listed in UDC 11-3B-8C. Perimeter and internal landscaping on these lots will be reviewed for compliance with UDC standards with submittal of Certificate of Zoning Compliance applications for each building. 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should comply with the standards listed in UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet in accordance with UDC 11- 3G-3E2. h. Off-Street Pazking: Per UDC 11-3C-6, single-family dwellings with more than 1 bedroom aze required to have 2 pazking spaces per dwelling unit in an enclosed gazage with a 20 foot x ZO foot parking pad between access and garage; multi-family dwellings aze required to have 2 pazking spaces per dwelling unit in a covered carport or garage. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) aze shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest corner of the development. Aright-in access point from Victory Road is also proposed between Standing Timber Way and S. Enter Way. The ACHD is requiring that Standing Timber Way be constructed as a residential collector, with no front-on Cavanaugh RZ PP CUP MI PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 housing. All of the other internal streets are proposed as local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5-foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 8 lots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The applicant is proposing to provide stub streets to the out-parcel on Victory Road and the out- parcel on S. Meridian Road; Staff supports these stub streets. Stub streets are also proposed to be extended from the previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff supports the extension of these stub streets. The plat also shows a public street connection to Rumpel Lane at the south boundary (1/2 mile south of Victory Road). Access points to adjacent arterial streets should be approved by ACRD, ITD and the City. The ACRD report is included in Exhibit B of the Staff Report. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On September 28, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of this property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed development includes 548 residential units on 177 acres for a gross density of 3.08 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. A portion of this property is also designated "Mixed Use -Neighborhood" (MU-N) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. This designation is depicted at the half-mile between Meridian Road and Locust Grove Road; however, the Applicant is proposing to move it to the Victory/Meridian Road intersection. Staff supports the relocation of MU-N/N.C. as shown and proposed by the Applicant. 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 proposed development includes a mix of housing types, small scale commercial uses, acivic/social hall, open space, and pathways. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner: Cavanaugh RZ PP CUP MI PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID) and Idaho Transportation Department (ITD). These services will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend four stub streets provided to this property from previously approved subdivisions. Staff believes that the applicant has done a nice job of connecting to existing stub streets as well as providing for future connectivity to the south. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct 4 foot tall solid fencing along Meridian Road adjacent to the single family residential portion of the development and along a portion of the southern boundary that is adjacent to the storage facility. Prior to home construction, temporary construction fencing to contain debris should be constructed around the perimeter of this site where permanent fencing is not proposed. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct S foot wide detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct micro paths internally within the development for pedestrian access to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, and the commercial portion of the development. The 10 foot wide multiuse pathway along the Ridenbaugh will also connect to the required 10 foot wide pathway along Meridian Road and the adjacent developments as part of the City's pathways plan. Staff is generally supportive of the proposed pedestrian connections to adjacent properties. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. In accordance with the UDC and ITD's standards, the applicant is not proposing any access points to/from SH 69 other than at the half mile mark between section line roads at Harris Street (Rumpel Lane). Three access points are proposed to~om Victory Road, an arterial street. The Applicant is also proposing stub streets to the out parcel on Meridian Road and the out parcel on Victory Road so that they will have access to local streets. Cavanaugh RZ PP CUP MI PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF JANUARY 8, 2008 • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Most of the subject property is zoned residentially (R-8). Staff finds that the existing single- family residential properties to the north, south, east and west, as well as the Grange Hall to the east are compatible with the proposed development. • Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The Ridenbaugh Canal bisects this property. The Applicant is proposing, and is required, to construct a 10 foot wide multi-use pathway alongside the canal as part of the City s Master Pathways Plan. Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Landscaping is proposed as required within the commercial portion of the development and should be maintained by the Business Owners Association. Compliance with internal landscaping standards will be reviewed at the CZC or CUP approval level for the future buildings. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is required within the residential portion of the development in accordance with UDC standards. Fencing is proposed on the site and is required to comply with the standards listed in UDC 11-3A-7. Signage shall be approved by a separate sign permit and shall comply with the requirements listed in UDC 11-3D. • Chapter VI, Goal I, Objective A, Action 2 -Support the location of school sites within every square mile in undeveloped areas. An alternative high school is proposed in the north eastern portion of the development adjacent to Victory Roaa! Staff is supportive of the proposed school location as there are no other schools within the square mile. • Chapter VII, Goal I, Objective B, Action 1 -Consider development applications that apply the neighborhood center concept. The proposed development employs the neighborhood center concept with neighborhood friendly commercial uses, a mix of residential uses (vertically integrated residential units over retail uses, future condos, future apartments, and single family homes), open space, pedestrian pathways, acivic/social hall, and a school. Staff believes that the proposed development generally complies with the Comprehensive Plan. Staff finds that the proposed density, land uses and zoning districts for this property are consistent with the goals and objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this properly. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 and TN-R zoning districts. Multi-family developments are a Cavanaugh RZ PP CUP MI PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 permitted use in the TN-C zoning district. There are several principally permitted, accessory and conditional uses allowed in the C-N and TN-C zoning districts. b. Purpose Statement of Zoning Districts: • R-8 Medium-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. • TN-R Traditional Neighborhood Residential: The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. TN-C Traditional Neighborhood Center: The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C district is pedestrian oriented, and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi- family dwellings. • C-N Neighborhood Commercial: 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. c. Specific Use Standards: Per UDC Table 11-2A-6, specific use standards apply to the proposed civic/social hall use. The specific use standards in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. d. General Standards: Please see UDC 11-2A-6 for development standards in the R-8 district; UDC 11-2D-5 for development standards for the TN-C district; UDC 11-2D-6 for development standards in the TN-R district; and UDC 11-2B-3 for development standards in the C-N district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: The Applicant is requesting to rezone 30.08 acres of the site from the R-8 zoning district to C-N and TN-C zoning districts. The Applicant intends to build a grocery store on the northwest comer of the property; vertically integrated buildings internally; multi-family buildings; and, stand alone commercial buildings within the area proposed for the rezone. This area previously was approved for single-family detached dwellings. Cavanaugh RZ PP CUP MI PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The Comprehensive Plan Future Land Use Map designation for the property proposed to be rezoned is medium density residential. However, the Applicant is proposing to shift the mixed use neighborhood center towards the Victory/Meridian intersection. Staff is supportive of this shift and the proposed rezone (see Section 8 above). Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C N and TN-C zoning is appropriate for this properly. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The rezone legal descriptions and exhibit maps submitted by the applicant (stamped on July 6, 2007 by Gregory Holkesvig, PLS) included as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. CONDITIONAL USE PEItNIIT: The Applicant is requesting Conditional Use Permit (CUP) approval to convert the existing 13,000 squaze foot Caven home into a unique neighborhood community center as a civic/social hall. The UDC (Table 11-2A-2) requires such uses to obtain CUP approval. The Applicant has submitted a site plan, attached as Exhibit A.6, showing how the site is proposed to develop and be utilized. The Applicant proposes to preserve the Caven home and convert it into a gathering place for neighborhood and community events. The Applicant's narrative states that the proposed civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation. Because of the size of the civic/social hall, Kastera envisions that multiple functions can occur during the same time. Facilities include a library, commercial kitchen, banquet room(s), recreation rooms, computer rooms, meeting rooms, swimming pool, tennis court, spa, bazbeque and picnic facilities, patios and decks, large lawn azeas, restrooms, storage rooms and garage. Anticipated capacity for outdoor events is estimated to be 300 people; anticipated capacity for indoor events is estimated to be 100 people. Specific Use Standards: Per UDC Table 11-2A-6, specific use standazds apply to the proposed civic/social hall use. The specific use standazds in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. Staff is including a condition of approval that the Applicant complies with these standards. Elevations: The Applicant has not submitted building elevations with this application but has submitted photos of the existing Caven home. Included in the Applicant's narrative is a list of 21 unique design features of the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines for the subdivision. (See Exhibit A.8 for a list of proposed design features and photos of the existing Caven home.) Staff has reviewed the proposed design features and found them to represent high quality architecture and construction materials. For this reason, Staff supports the design features and construction materials proposed for structures within this development. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. Staff has reviewed the site plan submitted with this application. The parking shown on the site plan exceeds the amount required by UDC 11-3C-6B but will be necessary for the proposed use. The existing landscaping on the site is abundant and meets UDC requirements. A 20-foot wide street buffer is required adjacent to S. Standing Timber Way, a collector street, and should be constructed in accordance with the standards in UDC 11-3B-7C, a proposed. A detailed Cavanaugh RZ PP CUP MI PAGE 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-IEARING DATE OF JANUARY 8, 2008 site/landscape plan is required to be submitted for approval with the CZC application for a change in use of the site from a residence to a civic/social hall. At that time, Staff will review the site in detail for compliance with applicable UDC standards. Staff believes that the conversion of the Caven home to a civic/social hall as proposed will be a great addition to the neighborhood as well as the community. Further, Staff believes that the proposed use will be an excellent reuse of an extraordinary property and commends the Applicant for preserving the existing structure and making it available for public use. For these reasons, Staff is very much in favor of the CUP request as proposed, per the findings attached in Exhibit D of this report. PRELIlVIINARY PLAT: The Applicant is requesting preliminary plat approval of 5171ots [consisting of 443 single-family residential lots; 1 residential lot consisting of 32 future apartment units; 8 residential lots consisting of 61 future condominium units; 4 mixed-use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial lots; 1 school lot; and 1 civic/social hall lot, 47 common lots, and 3 other lots (parking lots)] on 177.43 acres in C-N, TN-C, TN-R, & R-8 zones. The previously approved preliminary plat for Tanana Valley contained 548 single-family building lots, 1 commercial lot, 1 school lot, and 20 common lots on 182.6 acres in the R-8, TN-R, and C-N zoning districts. There are now l OS less single-family residential lots than before. Additionally, 32 future apartment units, 61 future condo units, and 12 residential lofts above retail uses aze now proposed. The proposed preliminary plat was prepazed by J-U-B Engineers on 11/8/07. The gross density for the residential portion of the proposed development is 3.08 dwelling units per acre (net density is 4.76 dwelling units per acre). There is one existing home on Lot 1, Block 34 that is proposed to remain and be converted into acivic/social hall for the benefit of the neighborhood and community. The previously approved preliminary plat consisted primarily of single-family residential uses in the R-8 (177.9 acres) and TN-R (10.42 acres) districts with only a small portion (3.94 acres) zoned C-N for commercial uses. The subject plat decreases the R-8 azea to 137.4 acres, adds the TN-C area of 16.5 acres, increases the C-N area to 13.6 acres, and does not change the TN-R area from 10.4 acres. The open space azea previously approved was 24.05 acres or 13.5% of the site; the proposed open space area is now 27.6 acres or 15.6% of the site, for an increase of 3.55 acres or 2.1 %. Staff supports the proposed land use changes as they aze consistent with the mixed-use neighborhood designation on the Future Land Use map for this azea. Further, Staff believes that the variety of uses proposed fits well with the neighborhood center concept. The previous plat had an overall gross density of 3.09 units per acre; the subject plan has an overall gross density of 3.08 dwelling units per acre. While the density is the same, the lot sizes proposed on the subject plat have generally decreased in size. The subject plat includes more pathways than originally proposed, which increases pedestrian accessibility to the commercial portion of the development, the school site, and the civic/social hall. The previous plat depicted two access points (S. Standing Timber and S. Mesa Avenue) to Victory Road and one access point (Harris Street) to Meridian Road. The new plat depicts three access points to Victory Road and one to Meridian Road. The proposed plat shows a portion (the TN-R zoned portion) of the property that received fmal plat approval in June, 2007 as Cavanaugh Subdivision No. 1 but does not include it within the plat boundary. For this reason, details are not shown on this portion of the property. This area did not change from that approved with the preliminary plat for Tanana Valley. The TN-R zoned portion of the property should be included in the subject revised preliminary plat for this development; this piece provides a contiguous connection that is needed for this property to be Cavanaugh RZ PP CUP MI PAGE 13 M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 included in one plat. Dimensional Standards: Staff has reviewed the preliminary plat for compliance with the dimensional standards of the R-8, C-N, TN-C, and TN-R zoning districts. The existing structure that is proposed to remain meets the minimum setbacks of the R-8 zone. The following list of items does not comply with dimensional standards and/or are errors on the plan that need to be shown on a revised plat: A 25-foot wide street buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way, including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. A 20-foot wide street buffer(s) shall be provided along S. Standing Timber Way and Hams Street, both collector streets and all other streets classified as collectors. (The buffer along Hams Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets.) Said buffers should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) are shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest corner of the development at the half mile (in alignment with Harris Street). Aright-in access driveway is also proposed to the commercial portion of the site from Victory Road between Standing Timber Way and S. Enter Way. A public street, S. Mesa Way, is proposed to Victory Road along the east boundary of the proposed school site; direct access to the school lot to/from Victory Road shall be prohibited. The ACHD is requiring that Standing Timber Way and the future extension of Harris Street be constructed as residential collectors, with no front-on housing. Staff is supportive of the proposed access points as allowed by ACHD. All of the other internal streets are proposed local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5- foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The plat also shows a public street connection to Rumpel Lane, a private street at the south boundary. Staff and ACHD are requesting that the Applicant close and/or incorporate Rumpel Lane into a new public street (the extension of Harris Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 36-foot street section. The new extension of Harris Street should extend from the intersection of Meridian Road to connect with the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision. ACHD's conditions are included in Exhibit B of the Staff Report. Private Street: On the plat adriveway/private right-in access point to the site from Victory Road between S. Standing Timber Way and S. Enter Way is shown. Staff is not supportive of this access point; the private street is not approved with this application. Stub Streets: The Applicant is proposing public street connections to four stubs streets provided to this property from previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff Cavanaugh RZ PP CUP MI PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 supports the extension of these stub streets as proposed. Additionally, there is a stub street at the south boundary from Reflection Ridge Subdivision (Reflection Ridge Place) that the Applicant is proposing to connect to the extension of Harris Street. There aze two out pazcels that are surrounded by the subject development. One of the out pazcels is on Victory Road; the other is on Meridian Road. Both of these out pazcels currently take direct access to the adjacent arterial roadway. The Applicant is proposing to construct a stub street to these properties to allow for access to these parcels to be provided from a local street. Staff is supportive of all of the proposed stubs as they allow for future access to these pazcels from internal local streets rather than the adjacent arterial streets. Existing Structures: The site currently contains one existing home and gazage, which is proposed to remain and be converted into acivic/social hall and service area per the site plan submitted with this application. Design Standards: All structures proposed within the development that are located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. This requirement applies specifically to future structures on Lot 3, Block 29. The Design Review application may be submitted with the CZC application. Elevations: The Applicant has submitted a design collage (see Exhibit A.7) for this development that represents azchitectural elements proposed in Cavanaugh for the residential and commercial portions of the development. The images aze taken from the Architectural Vision and Guidelines for the development. It is recommended that architects involved at Cavanaugh study the Architectural Vision and Guidelines as well as other standazds set for the subdivision. The Applicant has also submitted a list of 21 unique design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines. This list is included as Exhibit A.8 in this report. Conceptual elevations with construction materials were submitted for the residential lofts, future condominiums, and apartments (see Exhibit A.9). Staff has reviewed the proposed design features and design collages in Exhibits A. 7, and A.8, and the conceptual building elevations in Exhibit A.9 and found them to represent high quality architecture and construction materials. For this reason, Staff supports the design features, construction materials, and conceptual elevations proposed for structures within this development. (Note: The multi family units proposed within this development do not require future CUP approval because multi family developments are a permitted use in the TN-C zone. For this reason, Commission and Council should review the conceptual elevations submitted with this application included in Exhibit A.9 to determine if additional design requirements should be added) Sidewalk: A 5-foot wide detached sidewalk is required to be constructed along E. Victory Road, in accordance with ACHD standazds and UDC 11-3A-17. A 10-foot wide detached multi-use pathway is required to be constructed along SH 69/S. Meridian Road with a public use easement, in accordance with ITD standards and UDC 11-3H-4C. All sidewalks shall be a minimum of 5- feet wide, except if detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width maybe reduced to 4 feet, per UDC 11-3A-17A. Parkways: Per UDC 11-3A-17E, the minimum width of pazkways planted with class II trees shall be 8 feet; pazkways are currently depicted on the typical street section shown on Sheet 2 of the plat at 6 feet in width. The planter width for class II trees may be reduced to 6 feet if there are root barriers that aze a minimum of 18 inches below sub-grade adjacent to the sidewalk and a minimum of 24 inches below sub-grade adjacent to the curb; the root barriers shall extend 2 inches above grade. If 8-foot wide parkways are not provided, this area may not be counted toward the required open space for the subdivision, per UDC 11-3G-3B.5. If the Applicant Cavanaugh RZ PP CUP MI PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 proposes to construct a 6-foot wide parkway, the Applicant shall comply with the above standards relating to root barriers. Staff is including a condition of approval as such. Development along State Highways: Because this development is located along SH 69, there are certain provisions in the UDC that pertain to the design of new residential development along state highways to mitigate noise impacts associated with such roadways. Specifically, a 10-foot wide multi-use pathway is required to be constructed adjacent to the State Highway as proposed by the Applicant and shown on the site/landscape plan. Access to this pathway is provided from the pathway along the Ridenbaugh Canal. Additionally, a berm or berm/wall combination is required to be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway. Staff is including a condition of approval in Exhibit B that the Applicant is required to comply with the standards listed in UDC 11-3H-4B, Noise Abatement for Residential Uses along State Highways. Landscaping: The landscape plan prepared by Breckon Land Design on 8/10/07 is approved with the following modifications/notes: • Construct a minimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot and the deceleration lane west of Standing Timber Way), exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • Construct a minimum 35-foot wide street buffer along the entire length of SH 69/S. Meridian Road, exclusive of ITD right-of--way. A berm or berm/wall combination shall be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standards listed in UDC 11-3H-4D, Noise Abatement for Residential Uses along State Highways. • Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, and all other streets classified as collectors within the development. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B- 7, Landscape Buffers along Streets. The buffer along Harris Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. • Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C-N zoned portion of the development in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Parking stalls shall not encroach within the required buffer area. • Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • UDC 11-3B-12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 8-foot wide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' linear feet and shrubs, lawn, or other vegetative ground cover. The landscape plan depicts "existing trees" on the south side of the pathway; the plan should be revised to include the sine and botanical name of existing trees to determine compliance with UDC 11-3B-12. Also, several of the micro paths do not contain the required number of trees. • Either provide 8-foot wide parkways adjacent to local streets or provide 6-foot wide parkways with root barriers in accordance with the standards in UDC 11-3A-17E. Street Cavanaugh RZ PP CUP MI PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 section on sheet 2 of the plat shows a ~rfoot wide parkway; the landscape plan shows an 8 foot wide parkway. • A 6-foot tall open vision fence is required along the south side of the Ridenbaugh Canal, per UDC 11-3A-6B; a 5-foot tall open vision is shown on the plan. Revise plan to comply with this requirement. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Mitigation: There are a lot of existing trees on this site. Staff encourages the Applicant to save as many of the existing trees as possible. Mitigation shall be provided for all existing trees 4-inch caliper or greater that are removed from the site in accordance with the standards listed in UDC 11-3B-1OC.5. Common Open Space: Per UDC 11-3G-3, a minimum of 10% common open space is required within the development. The site consists of approximately 177 acres; 17.7 acres of open space is required. The Applicant is proposing 27.6 acres of open space, which complies with and exceeds the minimum open space requirement. Additionally, one site amenity is required for each additiona120 acres of development area. Per this requirement, the site is required to have 8 amenities. The Applicant is proposing the following as amenities: (3) pedestrian bridges across the Ridenbaugh Canal; amulti-use pathway along the south side of the canal; a 8-foot wide sidewalk along the north side of the Ridenbaugh Canal; 25' x 60' pool; 4' radius hot tub; 15' x 15' splash park; 20' x 20' water plaza.; open play area; acivic/social hall; bus turnout; and additional open space area beyond the required amount. Additionally, per UDC 11-3G-3E.2, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted along with lawn, either seed or sod. The landscape plan complies with this requirement. Maintenance of all common areas shall be the responsibility of the Cavanaugh Home Owners' and Business Owners' Associations. Staff is generally supportive of the open space and site amenities proposed on the site as they comply with UDC requirements. (Note: In order for parkways to count toward the required open space, they need to be a minimum of 8 feet in width from curb to edge of sidewalk; they are currently shown at 6 feet on Sheet 2 of the plat and 8 feet on the landscape plan.) Multi-use Pathway: The applicant is proposing to construct amulti-use pathway, as depicted on the Future Land Use Map, along the south side of the Ridenbaugh Canal throughout the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. Per, UDC 11- 3B-12, a 5-foot wide landscape strip is required on each side of the pathway along with one minimum 2-inch caliper deciduous tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. The landscape plan depicts "existing trees" on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with this requirement. Staff is including a condition of approval in Exhibit B for the Applicant to comply with the standards listed in UDC 11-3B-12C. The Applicant is also proposing to construct a 8-foot wide pathway along the north side of the Ridenbaugh Canal. The pathway should also have landscaping on either side as required by UDC 11-3B-12C. Micro-paths: The applicant is proposing to construct several micro-paths within this development for pedestrian connection to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, the commercial portion of the development, and between Cavanaugh RZ PP CUP MI PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 subdivision blocks. Per UDC 11-3B-12, micro-paths aze required to be landscaped with a minimum of one deciduous tree every 35 lineaz feet and shrubs, lawn, or other vegetative groundcover. Several of the micro-paths do not have enough trees to meet the aforementioned requirement of 1 tree per 35 feet. Staff has included a condition of approval in Exhibit B for the landscape plan to be revised to comply with this requirement. Staff is generally supportive of the proposed pedestrian connections as shown. UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 exceeds the maximum block length allowed without a pedestrian connection. The applicant should add a micro-path to break up this block length, connecting to the sidewalk on Harris Street. All micro-paths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path in accordance with the standazds listed in UDC 11-3B-12. Alleys: There aze four blocks (Blocks 24-27) consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. Staff supports the proposed alley access to these units and is including a requirement in Exhibit B that the alley shall be constructed in accordance with the standazds listed in UDC 11-6C-5 Fencing: Four-foot tall solid fencing is shown on the landscape plan adjacent to the single-family residential portion of the development along SH 69 north of the out-pazcel and six-foot tall solid fencing is shown south of the out-pazcel and along the southern boundary adjacent to the storage facility. Five-foot tall open vision fencing and four-foot tall solid fencing is proposed internally within the development adjacent to common azeas and micro-paths. Afive-foot tall open vision fence is proposed along the south side of the Ridenbaugh Canal adjacent to the proposed residential lots; asix-foot tall open vision fence is required per UDC 11-3A-6B. Staff is including a condition of approval in Exhibit B that the fencing along the south side of the Ridenbaugh complies with this requirement. All fencing proposed on the site shall be constructed in accordance with the standards in UDC 11-3A-7 and 11-3A-6B. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. ff a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common azeas 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. Ditches, Laterals, and Canals: The Ridenbaugh Canal and the Kennedy Lateral traverse through this site. There aze other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided should be tiled except when used as a water amenity or lineaz open space. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. Certificate of Zoning Compliance (CZC): A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially comply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the azchitectural standards listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial structures located along entryway corridors. Cavanaugh RZ PP CUP MI PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 NOTE: A CZC application ~ include multiple/all multi family structures within the development. DEVELOPMENT AGREEMENT MODIFICATION (1VII Application): The Applicant is requesting to modify the existing DA (Instrument No. 106151214) approved with the annexation (AZ-06-015) of this property to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. Staff has included the Applicant's requested DA modifications in Exhibit A.10 of this report with Staffs comments in red/bold italics. Staff is supportive of the proposed changes to the DA as shown in Exhibit A.10 with recommended changes as noted on #5.1.14. The amended Development Agreement shall be signed within 6 months of City Council approval of this application. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-014, CUP-07-017, PP-07-015, & MI-07-011) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of November 15, 2007. The Meridian Planning & Zoning Commission heard these items on November 15 2007. At the public hearing they moved to recommend approval of the subiect RZ. CUP PP. & MI request. he Meridian City ounc'1 heard hece itPmc nn _Tannarv !t '71111tt s++hp public hearing the Co nc'1 approved the cnhiect R7,_ PP_r'iIP a,,.i Nrr ro,,,,p~ 11. EDITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Rezone Site Plans 3. Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07) 4. Phasing Plan 5. Landscape/Site Plan (prepared by: Breckon Land Design, dated: 11/5/07) 6. CUP Site Plan 7. Cavanaugh Design Collage 8. Design Features 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments 10. Requested Development Agreement Modifications B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Cavanaugh RZ PP CUP MI PAGE 19 i A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 C. Legal Descriptions & Exhibit Maps for Property Proposed to be Rezoned D. Required Findings from Unified Development Code Cavanaugh RZ PP CUP MI PAGE 20 ~ ~ A. Drawings Exhibit A 1. Vicinity/Zoning Map ~ ~ 2. Rezone Site Plans dT ~~ C Exhibit A ~ ~ 3. Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07) PRELIFJIFOP I' PLAT ~~V'B~ CAVANAUGH SUBDIVISION ~ ..-.' A P0{l~l Cf -[ AOiM 1~4 Q FC-QI .YI F `~~~ 7N^L9d J IA&M, F1Hff E/51, 67Y YSFdII}A MERIDIAN, ADA COUN7Y, IDAHO _ g 4 ~pg~ 2007 ~l ~;~.. ~ %r-~ "'~pp ~A~ _ _~ 1 a - Y iS ~.',..~ ( ig it ____ yNli dd f19IN61NNINM ANIMIPNflHNR 1 ~g0~~ ~1 ~ ~ _ ~. `t S m-~JI~ oN-w~4w~ 'e~ ~ I i' >d ~, - ~ d m rmatt YAP i aet ire o '~, I ,' _ ~~ np_ - r3a n~ y g ~ ~ r.i - ~ ;pjA'.,, ~8-E ' a . ~ A ~ ~~~ ,,~ I . - ~ = a ~nla~ ~: T b9• ~, ~„ a ` 6 ~ ' `,°~ ~ ~4 " ~~~ o . ° ~ `~` '* 1• ~ X26 H61~M W OIYI¢5 910tli ON iH6 96E1 A~ AOl y ® ! Y n TiFlt »RFIS i>]R att. I ~~'~ Y _ ~ ~ ~ $I-~T Oda Q ~ u'1 ~ ~ ~ ,.'F `Ka~ a D ~ ~ `_ lax .Amy ~.>~A~~w. psi q~ iS ~a am ~ ~ v~ e ~ n ~ m - ~~ mmm - - ~-~- I~' ~ -~. ~ - Imo.-r--~~~ mtu B~9+m OA ~~ m gel-~``t /`~,_`~~-~~~ L~L1~ ID s ~ ~ "1 >s ~ / ~ I'~ J~ ~~ ~ OtND~~ EMC3L~FI ~ ~1FYEYOFt ¢ i ~ 1' ~. ~-~ I lam(, /`_ ~- KASTERA DEVELOPMENT L.L.C. J-U-B ENGINEERS, Inc. ~ _ ~ / / ~ ~\ ~ '~® 16711 MNY 55 2E0 5. 6EEORWCCO AVETduE SuIIE 201 x~ ~~ -~ II,/~\ivt J/J\~ ~, ~ ~~/ ~ Hp~g, 083714 g(Lg IDAHO 53]00 ~ ~~ YE ~'~ 1 / \ ~~~.! / V/ /•~ ,~ / ~ " /~" R1®VE: (206) 839-CHID FAX I20B) 838-81]0 lil FPftrnu: (?nfl) i)fi )ii0 ' ~ `` F11GPfffF. JESSE C. HERIipON, P.E SpftVE~9R: RONALD GI. HODGE, P.LS. 1S Exhibit A • PRELIMINARY PLP:T ~..L III. FOR • ~ ~ CAVANAUGH SUBDIVISION' "'°""°' a~ff~®Ipff®m ~ $~R ~ ~ ~r~~{~tDSq~~ hlEPoDIAN, ADA CDlAdT1; IDAHO ,--_ ... .. ~ ~ m f e ^ o } ~ ~~~~~1H__llllll^!ul Y ~~ ~ ~ .. ~.~ :~ J -_ _- ~ d •. p ~~ ~ ~ ~ .sue ~ fur ~- ~• _ ~y,s of . ' , 1 ~~ ~.~ - _ o ~ ®~ ~ ` G WAIIC RC5 OP- r ~ I $ ~ ~ " r ~ ~h e ~ a a o '~ t ~ ~ ~~ s a = D ~~ e ~ a ~ ~ /a9' ~ • • @ 1 ,~y~ ~''~ ~ a ,A /~pCF ~~@r.a ~~ ~ P ~ N. !1~ ~ ~ Exhibit A PRELIMINARY PLAT FOR CAV'ANAUGH 9UHDIVISION y.-A-.+~- samoDa~®IA~~~ E '~~®11~103L~~ ~ewa,aN, nuA cmuviY, laarro ~ ~ ~~ 2007 ~~ ~~~ w m $q ~ ~, . '~> m t r+ 4 e i e 1 rd f ~ « +' t~ :. 4`~ ~s ~ q { fig! . ~~ ., - ~ _ .~ .~ .~ s ~ T~ ~ ~ y ~ f' 7~ ~ .G°.s o $. ~4 g $, ~ ,~ s ~ ~ s .rte , ~ a , ~ fly .L. .~..~ .7 E ~c r ~ ~ _ e ~ - "~ - - - 1 i ' ~ o t '- 5~ Exhibit A PREIJ MINARY PLAT FOR ..7 CAYANAUGH SUBDIVISION a~ff~®I~iff~m ~ m®P 7 ®, Dtff 1 DS6 D~ ®- MERIDIAN, ADA CDlW71', IDAHO ~ 8 ~0 i I ' 30 SClfQ04. giiE. i ~ ~` ~ f ~ E@!W r i e __ 1 ~f~ d m.~ w ~ r 1 . ~~ r r E AL~A34 8f. 4 ~ . 1'. L~..'$. ..~ . $e s.. ~ '+ E ~. ~ ~„ ~. a ~° . ,e 4 r IY ~ ~ ~'~ b~ 8 0 Exhibit A ~ ~ 4. Phasing Plan J ~__ ~~ ~~'~ , ~. -.. ~~- ~ _®~,~~ ~~ ~ ~ PHASE: j u,,,,,,,,,,,,,, TO BE D~ o ,_ BY MABS~P DEMAND ~~ o ~ry~ ~ Rio ~~ ~Q~ P .. .- PHASE ~! i r- ~' ~~`_ .. PHASE 7 A`PHASE 6 - ~~ ~~,. PHASE 8 ~ - ~ ` . -- ~~ ~ ~ ., ~~ ~ ~,. ~. --- - PHASING PLAN sc~ ~~~~~ Exhibit A C~ 5. Landscape/Site Plan (prepared by: Breckon Land Design, dated: 11/5/0'7) (There are 10 additional sheets of the Landscape Plan that are not included in this staff report; they are labeled as Sheets LI.11-L1.20.) L110 Exhibit A 6. CUP Site Plan f ~~~ ~ ~. ~:,, ~\ ~~ ~~. ~' ~,i ~- Condfiional UnE Permit Site l Ceraneagh SaaallCivic Hall ~cac isnis~s,~,r~noe~ta ,, ~f ~, ~~ ~~ ,~ F~~ ~4YD STREET R~8 7DlVIl~ir m for a~ ~ ~ im ~ i _~ ~, ffi Exhibit A ~J 7. Cavanaugh Design Collage THE CAVEN HOME CIVIC/SOCIAL HALL AND ARCHITECTURAL Exhibit A INSPIRATION FOR CAVANAUGH COMMERCIAL PROPERTIES Exhibit A ~v ~A. Exhibit A RESIDENTIAL PROPERTIES LANDSCAPING Exhibit A ~ ~ 8. Design Features Design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines: 1. The play of light/shade using cantilevers, overhangs, balconies, and pergolas. Consider the imagery cast by shadows; 2. Basic geometric masses horizontal in perspective or features that are horizontal in aspect; 3. A variety of texture in massive planes; 4. Low pitched roofs with large overhangs and intersecting roof planes; 5. Repeating patterns in beam work and materials; 6. Integration of interior and exterior spaces through the use of: skylights, captured views, atriums, exterior materials visually continuing to interior spaces, transparent walls to patio areas, expansive glass; 7. Architecture designed around specific captured views; 8. Transom windows at the ceiling line bringing in generous amounts of natural light; 9. Shadow walls designed to screen windows, and windows recessed into the building envelope. The majority of the windows are facing north to maximize energy efficiency; 10. Mature landscaping strategically placed to provide shade, privacy, and beauty; 11. Porte cocheres; 12. Exterior spaces that blend with the site and surrounding architecture; 13. Joints that appear disconnected by a gap that casts shadow (floating ceilings); 14. Massive structural components; 15. Stone walls at the Caven home use Trail Creek stone. The natural stone is used as a structural component applied with minimal or no grout lines. In Cavanaugh, stone must have a structural appearance and not a veneer look. Stone is not permitted to terminate at an outer corner, but must wrap around and continue to a point of intersection at an inside corner; 16. Materials are true to their nature. Exposed timbers are weathered and stained to enhance the natural tones of the wood. Stone appears structural; 17. Exposed aggregate concrete provides a variety of texture; 18. A modern mix of colors; finished industrial products may use bright colors in contrast to natural materials in subtle earth tones; 19. Exposed redwood timber in a smooth finish; 20. Smooth finished stucco; and 21. Copper edging, caps, and accents. Exhibit A 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments Plat Roofs with Parapets and Low Sloped Roofs with Architectural Grade Composition Shingles Heald Woad Pergolas Haritantal and Vertical Wood Siding !n Combination with Stuceo Wall Planes Low Sloped Roofs wlth Amhiteetnral Cradc Composition Shingles Heavy Wood Faseias Horizontal and Vertical Wood Sfding in Combination with Slueca Wall Planes Cavanaugh Lofts ~ Stone Accents Conceptual Elevation h4etal Ctad Wiadowa and Patio Doors .,,~,~,x.< Offset Wall Planes for Vieuai Relief sad Shadow Aatterns Cavanaugh Condominiums ~ Stone Accents Caneeptoat Elevation Mletai Clad Windows and Petio Doara Offset ~Vali Planes for Visual Relief ~. ~~ and Shadow Pancrns Exhibit A • Low Sloped Roofs with Anhiteetural Grade Composition Shingles Heevy Wood Fascias end Trim Horizontal artd Vertieai Waod Siding in Combination with Stueeo Wall planes Cavanaugh Apartments Conceptual Elevation L~ `p> I I t Exhibit A • r 10. Requested Development Agreement Modifications Kastera proposes the following modifications: (Staff s comments in bolcUred italics) DEVELOPMENT AGREEMENT MODIFICATIONS PARTIES: 1. Agency = City of Meridian 2. Owner = 11~;~s DBSI Tanana Valley LLC 3. Developer= west Kastera Development LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~'~ _ day of ZOOg7 by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", west Kastera Development, LLC, whose address is AA4"`T n,.°°a°~ D,..,.°, 15711 State Hi way 55, ~~~ Boise, Idaho 83714, hereinafter called "Developer", and DBSI Tanana Valley LLC, whose address is ^ ^ Q"`T. T,..°°a°~ n,°°°, ~+° ' ^' 15711 State Hi lg lway 55, ~hrry Boise, 83714, hereinafter called "OWNER". DBSI Tanana Valley LLC as "Owner" and Kastera Development LLC as "Developer", agree to be bound by the terms of the original Development Agreement (instrument # 106151214), approved on September 21, 2006 on the land described in Exhibit "A", (the "Original Development Agreement") except for the wording as specifically contained within items: 1.4; 3.2; 3.3; 3.4; 4.1; 5.1.6; 5.1.7; 5.1.11; 5.1.15; 5.1.16 and 16. 1.4 -That item 1.4 of the Original Development Agreement be amended by modifying the sentence to read: "WHEREAS, "Developer" has submitted an application for anne~a. ~ti~g Conditional Use Permit and rezoning o ortions of the "Property s "described in Exhibit A~ B and has requested a designation of , ' , (TN-C) Traditional Neighborhood Commercial District, and (C-N) Neighborhood Business District (Municipal Code of the City of Meridian); and " 3.2 -That item 3.2 of the Original Development Agreement, be amended by modifying the sentence to read: "DEVELOPER ": means and refers to ~t Kastera Development LLC whose address is 448~'~~J-Lk~e~er D~-~e;~ 15711 State Highway SS. ~~~tden-Gi~y` Boise. Idaho 83714, the party developing said "Property" and shall include any subsequent developer(s) of the "Property ". 3.3 -That Item 3.3 of the Original Development Agreement, be amended by modifying the sentence to read: "OWNER": means and refers to #~. • DBSI Tanana Valley LLC whose address is 44Q"`~~~~l~tec~te~ 15711 State Highway SS. &~ £~ Boise. Idaho 83714, the party that owns said "Property "and shall include any subsequent owner(s) of the "Properly ". 3.4 -That item 3.4 of the Original Development Agreement, be amended by modifying the sentence to read: "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in ExhibitA describing all the parcels to be annexed and zoned D Q ~~ a:°••°° "°~•°~'•• "°.,;a°•°''°"'~°~~^'',~ ' ,including the parcel described in Exhibit B to be rezoned TN-C (Traditional Neighborhood Commercial), and the two parcels described Exhibit A • • in Exhibit C to be rezoned a~td C-N (Neighborhood Business District), such exhibits being attached hereto and by this reference incorporated herein as if set forth at length. " 4.1 -That item 4.1 of the Original Development Agreement, be amended by modifying the sentence to read: "Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development to the C-Nand TN-C zones and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this A~ ~~ application. " 5.1.6 -That item 5.1.6 of the Original Development Agreement, be amended by modifying the sentence to read: "That future uses within the TN-C and C-N areas will comply with the schedule of use for the TN-C and C-Nzone in effect at the time of building permit submittal; that a retail grocery store shall be allowed in the C-Nzoned property at the west end of the neighborhood center: that prior to issuance of any building permit within the TN-C and C-N zoning area, a re-subdivision of the TN-C or C-N lot be recorded, and that with the re- subdivision application, the applicant agrees to submit elevations for approval by the City Council; and that the construction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Council approved pictures/elevations. " 5.1.7 -That Item 5.1.7 of the Original Development Agreement, be amended by modifying the sentence to read. "That the applicant agrees to bu er the TN-C and C-N areas where it t_ye abuts residential zoning as shown on the mod~ed Preliminary Plat which is Exhibit D attached hereto and b ty his reference into orated herein as if set forth at length. " 5.1.11 -That Item 5.1.11 of the Original Development Agreement, be amended by modifying the sentence to read: "That public street access will be allowed to Victory Road, as approved by ACfID; direct residential or individual commercial lot access to Victory Road shall be prohibited. " 5.1.14 -That Item 5.1.14 of the Original Development Agreement, be amended by modifying the sentence to read: "That a maximum of 548 detached and attached residential units single- fa~ shall be platted on this Property. Since family detached lots. sin~~le family attached units. workforce housing apartments lofts and affordable housing units shall be allowed on this Property as shown on Exhibit E attached hereto and by this reference incorporated herein as if set forth at length which is a summary table of all residential living units at Cavanaugh. " Staff comments: The proposed number of residential units (S48) is not accurate; it reflects units instead of lots (units are not platted). Staff proposes the following changes to S.l.l4 instead: "That a maximum of 348 443 single family residential lots, lmulti-family residential lotto contain up to 32 apartment units. 8 residential lots to contain up to a total of 61 future condominium units. and 4 mixed-use lots consisting of commerciaUretail on the first floor with 12 residential lofts on the second floor shall be platted on this property. A summary table is shown in Exhibit E attached hereto. which is a summary of all residential living units at Cavanaugh." Exhibit A • v 5.1.15 -That Item 5.1.15 of the Original Development Agreement, be amended by modifying the sentence to read: "That the applicant agrees to provide commercial design, building massing and construction materials for this development as proposed during the Kastera Development public hearings ors ': ~ : ~, ?~n„~~--a ~••--~ t Q ~nn~ » 5.1.16 -That the following be added as a new Item 5.1.16 to the Development Agreement: "Attached hereto as Exhibit F and by this reference incorporated herein as if set orth at length, is the Developers proposed Phasin Plan for the Pro erty The City is aware that Owner is Manning to transfer ownership of the ro erty that makes up Phases 4 - 8 o the subdivision to another legal entity or entities Both Owner and Developer acknowledge and understand that a conveyance of~~erty that has not been legally subdivided will re uire before a building permit can be obtained to make improvements to the pro~rty so conve~d a re-assembl~ofthe parcels as they existed be ore they were conveyed or obtainment of pal plat approval for any parcel so conveyed consistent with the terms of this Develo ment A,ereement and the preliminary plat The ro erty so conveyed and the owner or owners of such convey property shall be bound by the terms of this Development Agreement Owner agrees to retain ownership of the Caven home (Lot 1 Block 34) and will not convey the home as part of an trans er of Phases 4 - 8 of the subdivision " 16 -That Item 16 of the Original Development Agreement be amended by modifying the mailing address of the Developer and Owner to read: DEVELOPER: west Kastera Development LLC Attn: Var Reeve en Q~ Ar r~..e~a®.. m..,.,. ~~e i m 15711 State Hi hway 55 ~~ty Boise, Idaho 83714 OWNER: DBSI Tanana Valley LLC Attn: Var Reeve i1 A 47 AT n a ni r4 ~ n~ 15711 State Hi llway 55 Eii~y Boise, Idaho 83714 SEE ATTACHED E~~ITS ON FOLLOWING PAGES: Exhibit A =Legal description of entire Cavanaugh property. (See annexation legal description for Tanana Valley in original DA) Exhibit B =Legal description of the parcel to be rezoned TN-C Traditional Neighborhood Commercial. (Included in Exhibit C of this report) Exhibit C =Legal description of the two parcels to be rezoned C-N Neighborhood Business District. (Included in Exhibit C of this report) Exhibit D =Modified Preliminary Plat of entire Cavanaugh property. (Included as Exhibit A.3 in this report) Exhibit E =Summary table of all residential living units at Cavanaugh. (See table below) Exhibit F =Proposed Phasing Plan for Cavanaugh. (Included as Exhibit A.4 in this report) Exhibit A Exhibit E =Summary Table of all Residential Living Units at Cavanaugh. Category of Living Units at Cavanaugh Total Number of Dwellin Units Single Famil Detached Residential 365 Single Family Attached Residential*** '78 Loft Living above Neighborhood Retail 12 Condominium Living in attached residential structures 61 Apartment Living in attached residential structures 32 TOTAL UNITS 548 *** Note: Attached living units within the TN-R zone may or may not be attached; pending market demand and market conditions...therefore increasing the number of detached living units accordingly (1:1 ratio). Exhibit A • • B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on July 6, 2007 by Gregory Holkesvig, PLS) included as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIltEMENTS 1.2.1 The preliminary plat, prepared by J-U-B Engineers, dated November 8, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07- 014), Conditional Use Permit (CUP-07-017) and any applicable provisions of the previously approved annexation (AZ-06-015) applications shall also be considered conditions of the preliminary plat. 1.2.2 The preliminary plat prepared by J-U-B Engineers, dated November 7, 2007, shall be revised as follows: a. A 25-foot wide street buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision shall be placed in a common lot, maintained by the homeowners' association. b. A 20-foot wide street buffer(s) shall be provided along the S. Standing Timber Way, a collector street and all other streets classified as collectors including the future extension of Harris Street. The buffer along Harris Street shall extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision shall be placed in a common lot, maintained by the homeowners' association. 1.2.3 The Applicant shall close and/or incorporate Rumpel Lane into a new public street (the extension of Hams Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 36-foot street section. Harris Street shall extend from the intersection of Meridian Road to the intersection of the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision; revise plat accordingly. 1.2.4 Extend the four public stub streets provided to this property from adjacent approved developments as proposed. 1.2.5 Construct a stub street to the out-parcel on S. Meridian Road, and to the out-parcel on Victory Road as proposed. 1.2.6 The site/landscape plan prepared by Breckon Land Design on November 5, 2007, is approved with the following modifications/notes: a. Construct a minimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot and the deceleration lane west of Standing Timber Way), exclusive of ACHD right-of--way. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers Along Streets. Exhibit B • ~ b. Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, and all other streets classified as collectors within the development. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. The buffer along Harris Street shall extend fiu-ther to the east so that Lot 8, Block 43 does not have frontage on two streets. c. Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C- N zoned portion of the development in accordance with the standazds listed in UDC 11-3B-7, Landscape Buffers along Streets. Pazking stalls shall not encroach into the required buffer azea. d. Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. e. A berm or berm/wall combination is required to be constructed within the buffer along SH 69 a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standazds listed in UDC 11-3H-4D, Noise Abatement for Residential Uses along State Highways. The Applicant may work with Staff to provide Alternative Compliance for this requirement adjacent to the residential portion of the development. f. UDC 11-3B-12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 5-foot wide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' linear feet and shrubs, lawn, or other vegetative ground cover. (The landscape plan depicts "existing trees " on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with UDC 11-3B-12. Also, several of the micro paths do not contain the required number of trees. ) g. 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. Submit a plan with the final plat application. Mitigation shall be provided for all existing trees 4-inch caliper or greater that aze removed from the site in accordance with the standards listed in UDC 11-3B-1OC.5. h. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standazds of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.7 The Applicant is required to provide a minimum of 27.6 acres (15.6%) open space as shown on the plan. Site amenities shall be provided on the site as shown on the site/landscape plan. All amenities and open space within each phase shall be installed prior to occupancy. 1.2.8 Per UDC 11-3H-4C.4, construct a 10-foot wide detached pathway along S. Meridian Road within the right-of--way or a public pedestrian easement. 1.2.9 A 10-foot wide multi-use pathway shall be constructed along the south side of the Ridenbaugh Canal as depicted on the landscape plan and the Future Land Use Map. Exhibit B • • 1.2.10 An 8-foot wide pathway shall be constructed along the north side of the Ridenbaugh Canal as depicted on the landscape plan. 1.2.11 Per UDC 11-11-3G-3B.5, the Applicant shall construct 8-foot wide parkways within the development in order to count toward open space requirements. If 6-foot wide parkways are constructed as proposed on the plat, the Applicant shall comply with the standards relating to root barriers in UDC 11-3A-17E. 1.2.12 All future commercial structures proposed within the development that are located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. The Design Review application maybe submitted with the CZC application. 1.2.13 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially comply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the architectural standards listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building (grocery store) shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial structures located along entryway corridors. 1.2.14 A note prohibiting direct access to E. Victory Road, except for the access points approved with this application, shall be added to the final plat. 1.2.15 A note prohibiting direct access to SH 69/S. Meridian Road, except for the access points approved with this application, shall be added to the final plat. 1.2.16 The alley proposed to be constructed between Blocks 26 & 27, and Blocks 24 & 25 in the TN-C portion of the development, shall be constructed in accordance with the standards listed in UDC 11-6C-5. 1.2.17 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.18 Permanent perimeter fencing shall be constructed on the site as depicted on the landscape plan in conformance with the standards listed in UDC 11-3A-7. 1.2.19 UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 exceeds the maximum block length allowed without a pedestrian connection. Provide amicro-pathway from the Harris Street sidewalk to the sidewalk on E. Frank Lloyd Street. 1.2.20 If permanent perimeter fencing is not provided along the boundaries of the site, temporary fencing to contain debris during construction shall be installed prior to release of building permits. 1.2.21 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.22 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal and natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled except when used as a water amenity or linear open space. 1.2.23 Pertainins to condition #7.1.19 below. the owner of Lot 24. Block 15 shall construct a public street in alignment with Mesa Wav on the north side of Victory Road. .2.24 City Council aonroved the second access no'nt to the ite from Vi orv Road loca e etween Stan 'nom T'mber Wav and .nter Wav a a right-in o lv wi h a deceleratio lanc. Exhibit B • • 1.3 CONDITIONAL USE PERMIT -SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site plan, attached in Exhibit A.6 of this report is approved with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-014) and Preliminary Plat (PP-07-015) and any applicable provisions from the previously approved annexation (AZ-06-015) applications shall also be considered conditions of the conditional use permit. 1.3.2 The existing Caven home located on the proposed Lot 1, Block 34, is allowed to operate as a civic/social hall as requested by the Applicant for use by the neighborhood and community and shall be owned and managed by Kastera Development= 1.3.3 The Applicant shall comply with the specific use standazds listed in UDC 11-4-3-7, which state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. 1.3.4 A Certificate of Zoning Compliance application is required to be submitted to the Planning Department and approved for the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. 1.4 DEVELOPMENT AGREEMENT MODIFICATION 1.4.1 The previously approved Development Agreement (Instrument #106151214) shall be revised per the changes noted in Exhibit A.9 of this report. Said Development Agreement shall be signed within 6 months of City Council approval of this application. Contact Bill Nary, 898-5506, to initiate the drafting of the development agreement modification. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be via extension of main in Meridian Road the Black Cat trunk. The applicant will be responsible to install a portion of the Black Cat trunk along their frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. Also the applicant will need to submit plans to decommission the private lift station that flows to observation point. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall execute standard forms of easements for any mains that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. Due to fire flow requirements the applicant shall be responsible to install multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There maybe a need to route a main line trunk through this project. Prior to the construction plan approval the applicant's engineer shall meet with Public Works to coordinate this routing in the construction plans. 2.4 Sanitary sewer service to this project will be from the Black Cat Sewer trunk that is currently being installed. Portions of the downstream trunk are being installed by developers of prof ects Exhibit B ~ ~ along its route; other segments are to be installed by the City of Meridian therefore the City of Meridian does not guarantee to the timeline for sewer service being available as established in the UDC. 2.5 The applicant shall be required to install a flushing station along the Ridenbaugh Canal, design and location to be coordinated with the Public Works Department. 2.6 Due to existing topography, this development will have two separate water pressure zones. The applicant shall be required to install pressure reducing vaults to ensure the separation between the two zones is not compromised. 2.7 A portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian or a connection to the high zone being established in the development to the south. The second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with the Public Works Department regarding this condition and it maybe waive if the two sources of subsequent development warrants it. 2.8 Any potential water or sewer line reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.9 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.11 If "stair step" grading of lots is constructed then the side lot lines shall be laid out as to allow for the sloped portion of the lot to be owned by the lower lot. 2.12 Any retaining walls greater than three-feet in height shall be engineered. 2.13 All existing structures not meeting setbacks or dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.16 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.17 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall Exhibit B 1 A 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. 2.18 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. 2.19 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.20 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. 2.21 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.22 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. 2.23 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.24 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.26 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. 2.27 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. 2.28 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. Exhibit B 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 azound. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 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 aze required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 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. 3.9 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. 3.10 The proposed multi-family lot has an estimated 105 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The 13 office%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The first digit of the Apartment/Offtce Suite shall correspond to the floor level 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound the perimeter of the building. 3.16 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 Exhibit B ~ ~ 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). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 There shall be a fire hydrant within 100' of all fire department connections. 3.19 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.20 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. 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No pazking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum- rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured azound the perimeter of the building from the fire lane. Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 Residential units proposed over commercial uses will be required to be fire sprinklered per NFPA 13 standazd. 3.24 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should beallowed to/from the school site. 4. POLICE DEPARTMENT 4.1 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should be allowed to/from the school site. 5. PARKS DEPARTMENT 5.1 Standazd for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.2 Standazd for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 Standazd Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. Exhibit B ~ i 6. SANTTARY SERVICE COMPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1.1 The City of Meridian, the applicant and TTD should work together to determine if additional right-of--way or improvements are necessary on Meridian Road (SH 69). 7.1.2 Dedicate a total of 48-feet (or 38-feet with the sidewalk in an easement) of right-of--way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way. 7.1.3 Construct a 5-foot detached concrete sidewalk abutting the site on Victory Road located a minimum of 41-feet from the centerline of the roadway. If any portion of the sidewalk is located outside the public right-of--way, the applicant shall provide the District with an easement. 7.1.4 The District recommends that the applicant construct a 5-foot concrete sidewalk across the two out-parcels along Victory Road on either side of the proposed school site. This sidewalk should either be constructed within the existing right-of--way or within an easement provided by the property owners. (The Citv of Meridian is not reAUiring a sidewalk across the Grange Hall property but recommends that the Applicant work with the Grange and the developer to the east to install a sidewalk across the Grange property.) 7.1.5 Construct an eastbound right turn lane and a westbound left turn lane on Victory Road into the site at the intersection with Standing Timber Way. Dedicate the additional right-of--way necessary for the turn lanes without compensation. The widening of Victory Road for the auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance road. If the bridge widening is necessary to construct the pavement tapers required for the turn lanes the applicant shall be required to design and construct the bridge widening at that time. 7.1.6 Construct a commercial entry road to intersect Victory Road, S. Enter Way, located approximately 670-feet east of Meridian Road. The roadway shall be constructed as a 40-foot street section with vertical curb, gutter, and sidewalk within 54-feet ofright-of--way. S. Enter Way is required to align centerline to centerline with Emerson Street on the north side of Victory Road. 7.1.7 Construct the internal commercial roadways identified below, as proposed. a. S. Entry Way, E. View Water St, and S. Thisa Way, and E. Boardwalk Row between Thisa Way and Standing Timber Way are proposed to be constructed as a 46-foot street section with vertical curb, gutter, and 5-foot attached sidewalk within 54-feet ofright-of--way. b. E. Summer Walk Way, is proposed to be constructed a 36-foot street section with vertical curb, gutter, and 5-foot attached sidewalk within 50-feet of right-of--way. Exhibit B c. E. Boardwalk Row from S. Enter Way east approximately 250-feet is proposed to be constructed with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter and concrete sidewalk within 75-feet of right-of--way. d. E. Boardwalk Row from S. Thisa Way west approximately 180-feet is proposed to be construct with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter, and concrete sidewalk within 75-feet ofright-of--way. Construct the remainder of E. Boardwalk Row with diagonal parking or with no on street parking in that location. 7.1.8 Construct one right-in ONLY driveway located approximately 1,250-feet east of Meridian Road. Coordinate the exact location, design, and signage with District Traffic Services staff. 7.1.9 Construct the commercial driveway located of off the commercial entry road (S. Enter Way) no closer than 50-feet from Victory Road. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. Commercial driveways are restricted to a width of 36-feet. 7.1.10 Construct the entrance road, Standing Timber Way (intersecting Victory) as a residential collector with vertical curb, gutter, and 5-foot concrete sidewalk, from its intersection with Victory through the site to the south property line crossing the Ridenbaugh Canal. The street should be constructed as a boulevard style with a 27-foot wide islands and 21-foot street sections on each side of the island. The center islands shall be owned and maintained by the homeowner's association. If any portion of the sidewalk is located outside of the public right-of--way, the applicant will be required to provide an easement. The applicant shall re-design the center island (to be no wider than 12-feet) at the intersection of Standing Timber Way & Victory to allow for simultaneous left and right turns (eastbound and westbound) on Standing Timber Way. 7.1.11 Construct Harris Street, the entrance street intersecting Meridian Road at the half-mile, as a standard residential collector with a 36-foot street section (vertical curb, gutter, and 5-foot concrete sidewalk on the north side of the road and a gravel shoulder and barrow ditch on the south.) from its intersection with Meridian Road to its intersection with the stub street being extended from Reflection Ridge 7.1.12 Provide a road trust deposit with the District for one-half of the cost for the design and construction of the signal for the intersection of Harris Street and Meridian Road (SH 69). When the property on the west side of Meridian Road develops, the road trust deposit funds can be utilized to construct the signal at that time OR at the time when ITD approves a signal in that location. Design Harris Street to accommodate a future signal at the intersection with Meridian Road. 7.1.13 District staff recommends that the private lane, Rumpel Lane, be closed and/or incorporated into the new public street, Harris Street, and that all access betaken to the new public street. The City of Meridian and TTD should coordinate on the future closure of this roadway to ensure that only one street intersects Meridian Road at the half-mile. 7.1.14 Construct the internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot detached concrete sidewalks within 50-feet ofright-of--way. Receive written approval from the Meridian Fire Department for the reduced street section OR construct the streets as standard 36- foot street sections.. (The City of Meridian recommends thatACHD review the possibility of using a vertical curb in lieu of rolled curb.) 7.1.15 Construct two 20-foot wide alleys in Block 21 & 22, and two 16-foot alleys in Block 26 & 27 and Blocks 24 & 25, as proposed. The alleys shall comply with the following policies: Exhibit B • Minimum right-of--way width is to be 16-feet. • Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum cleaz distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • An access to an alley shall be located a minimum of 25-feet from the nearest public street. • A minimum ofback-of--curb radius of 15-feet is required at all alley intersections. 7.1.16 Extend a stub street from the east and from the south from within Tuscany Village Subdivision. 7.1.17 Extend a stub street from the east within Reflection Ridge Subdivision. 7.1.18 Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a sign at the terminus of the roadways stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If the stub streets are greater than 150-feet in length, provide a temporary turnaround at the terminus of the roadways. 7.1.19 Construct a public street in alignment with Mesa Way on the north side of Victory Road. Mesa Way south of Victory Road will be required to be constructed in alignment with Mesa Way (centerline to centerline) on the north side of Victory Road. This roadway will be required to be constructed as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk on the west side, a minimum of 24-feet of pavement, and a 3-foot gravel shoulder and adequately sized barrow ditch on the east side of the roadway. This road will be required to be within a minimum 40-feet ofright-of--way. If an alignment with Mesa Way cannot be achieved , the applicant should re-design this portion of the site to provide another local street access for the school site. (The City ofll~eridian is reauirins the owner of Lot 24. Block 15 to construct this public street -see condition of approval #1.2.23 above.) 7.1.20 Submit the bridge plans for the crossing of the Ridenbaugh Canal (Standing Timber Way) for review and approval prior to the pre-construction meeting and plat approval. 7.1.21 Other than the access specifically approved with this application, direct lot access to Victory and Meridian Road is prohibited and shall be noted on the final plat. 7.1.22 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 Exhibit B applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within 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. 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. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 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. 8.3 Run-off is not to create amosquito-breeding problem. Exhibit B C. Legal Descriptions & Exhibit Maps for Property Proposed to be Rezoned Ht:v~ ~otraL sY 1LNE~,-tt`14 ~• t'~st8: ~ 5, ZOD7 Tl, 2007 °~k~art~`~n ~ufrtsc thence ~~ a(ottg mid Northerly botartdary l~ hlar#lt 89.404' Est, 1,235.83 feet; South t~°1T51" East, 380.00 a ante ~ kite rl~tt 317.50 fes~t, havhtg a radius of 317.50 feet, 0 dEtta of 57'1T45", attd a larttg shord tgrhlr~t South 28' 2i'01" W-esk, 304.4A feet; South 57'~l3"18" 9fe,~ ~4b.19 feet; atorsg a stave to the left 237:Ob feee, having a ratii~ of ~Z.50 feet, a delta of 79'54'04". and a eltOrd @VhlCh ~$~ SL~Rl'f ~"4636` Wei, .~ ~!~ 35`43'2T West, 50,00 feed tAe along 8 carve to tltst Left 173. a6 fit, ham a IaQI#,~ 6f 530.~i feet, a of 18"44'34", acid a Csurg chord which heara!~outft 26°21'i4' West,172J9 feet; 14°0~5d' Vim, 7.82 feet to the Northerly t~r8ltx~crf-wra~r oaf the Rfi~6su~ 1; thence along sehf r~ttt-nrwaSrthe Nouuow~n8 3 1. NorE1t 70°55'1! Wese, 1,~.~ fet'L; ~ aid as h :chord tatt-h~ bextt~s 1 ~ 57'31'Sr2" W~st,115,~ T50.i~ fit, a ~[ta of 2G'+l6'48", 3. Nsrrttt 44° West, 329:64 feek to the Essterty.rlgFtk-stf-vuay of Smith ~.; Co 30.07'9 a+s,, more o J-tt-S tnc. Ro~ld d~. P.LS. :ihc K% ~ , 51~118~Fff~'4~t 8h ~ ~tedec Exhibit C ~ ~ sr,~ ~ '`' ~ ~ I ~*A ~ 'mow/ a.~ ~. xi 4 EfY ~'~" ~~"' scams: i°D~~' ® LEC3EN©~ ~ - - - s~~ ~-~ ~ CAVANAIlf3H ~ SY'fE .,,.„.,.,~,„ cv~x~u ur. sr-E Exhibit C r+a~rr av Pray: #O~it[s-t~'~ ~6tt[yr ~~ ~!f~7 #',~tC'.~i. ~ES~AIP'~'it~N C~1l~fAUGt~ Gt9 !. S17E Zflh~ C~1 Rhat rt ~f S~t~ htcr~tet 3'i cif ~ ~0~ 7~ 3 Nart~, 1 East, ~ td~rtt~~n, Add # It~ihrr+ awl ~a~ t~' d ~. f~l~ws: Gtrm ~~ ~ ~rttiwt cater ~# won ~fl fr~ t~ ~rr~ar t~ sand t~~ 3Q ~'~' ~1`4~`t~9' Z,?~5d9~~3 f~~t, tt~ atan~ ~ortEte~ty ~a~ t~~ ~t' ~P~l$ X711: J=U-B ~~ ,'ltu, Cray' ~ ~ ' , P.LaS. ~~~~ ~~ _s~~4~ "~Y~; ~~ERILtrl4~r ~'~~L~ ~~~cs ~r. t~i:~c C~s'a~®~~F~B • KaSt~ra Su~1i~~d~Fddm{p'~:~5cttpLimt~4'f~I-0F~3-C'rt~u~ ~t~rc~ 5.~1 Wit, Exhibit D as ns E V ROAD 18 ~~ ~ m 1T1.9~ w~aK~ ~€~~ CURVE T~-~~E ~~ ~ „~ ~ emu`., LEGEND ~ ~~ - -- - Exhibit D • i Projesit: 4Q-~p7q OaB,e: .krty S, 2007 PA$CH.. DE5ffiilPTiaN CAVANAUtl1 t:~, SITE 2t4t~ TNC That Portt4n od the Nmthvr~t 4. of Ssci&on ~8, Tovrnship 3 North, Range 1 Fast, 8o8se Meridian, Ada County, Idaho, ark more partlcct[ariY described as faHows: Commencfn@ aaih® NoTYMavesi cvmaP of 58ala~i 30 tran veMd9 tt~e Nortl~ Y. c~rt~ of ~d S~tion 30 beefs Nth 69'42'09" £ast, Z>,150.63 fit, LitB~re atonS U9e Novtherty b~rtdery tlr~e of the NerUrxest Y Nofth 89'42174" ~ 731:40 feet to tole PolN`t OF 6EGWNING; theme WaB a~n6 sa9d Urfa, Nort4l 69.42'09° Ease, 619.88 feet; thanes South 00' 1 T75' EasLr 67.92 feet; ah~ a curve Co the left 988.91 deaf, having a radius of 200.00 feet, a delis of 68'23'24°, artd a ~ chord whkh tears South 24'28'57° East; 963.9+{ feat; tfesrrte South 68'4039° East, 133.92 feeq tfiente South 03'40`39` East, 977.90 feet tt~rrce North 8b° 19'29 ° East 56.47 feet; thence akmg a curve to the right 479,30 feet, havlrg a radius of ZOO.OD feet, a delta of 57'29'5$, and a ~ chotd whkh bars South 67'S9'42' East, 173.35 Peet; th€nxe Soutl9 42° 18'45° East, 53.95 f¢ot; [harks along a rrorr tangent alrve to the right Si.25 fees, Aavtng f ra: of 377.50 f9et, a data of 09°1055", and a (ohg chard whfch bears South 52'2228° Webt, 57.20 thence SoutPt 5T43'28" West, 46.99 feet; tt>ente atorlg a verve to the loft 287.Ob feet, hsv8rlg a radits of b82.50 feet, a Alta of / 9'54'04•, arad a long Chord which gars Sart19 47'4626° Wgst, 234,87 feet; tllertca South 35'437) West, 50.OD feet; l9terrce slang a cutye to the left 473.58 feel, having a radius of 530.56 tee, a delta of 48'4934°, and a long diatd wwhteth beams 4ou119 26'24Y0' West, 472.79 feet; thence South 49'04'x" West, 7.82 feat to the Northerlyright-ofway of the, Ridett~ugh i. thenro along std right-af-Hmy Nart[~ 7U'55'96° West, 782..89 free; thence Nerrtit 99'0484' East, 43.E feet; thw_nce aFatg, a non taagsnt crave to the right 903.$4 feet, having a radius of 4G0.00 feet, a delta of BO'38'27", aced a tang thrrr~d vdricia bears North i9' 1424° West, 400.97 feet; thence Nortls 89.O.P50° Fast, 823.3$ feet; br+8 sJmrwhld, (mats Nortl~ x'23'47' E~ 9.26 feat; a/ 298.00 teat. a delta of 19'22', arttf a e Hrsra, ~°lr9r wee, 3sa.9a teat w ttre Poierr aF e~wnnwc. Contalnfa8 98.489 ayes, mare Gr leas. Prepared M bthBENG, Nat. dr~1'Y E +q4, P.L.S. ~i3"__ C~ - a `~ ~ '' p~p Gf9fl E. faev vaL ev flljiy ~,Fjt ~x~5 eEP~pY s Exhibit D !e m ~~ .~s;-~ ~.i8' CURVE Ti~BLE ~` `~`~ ~~ ~81~ '' e,mm~-'~1 ~tl ~~ ®-- ~~- fJ-t~ 8~7 Exhibit D • ~r¢,~~ct: i~''~ m ,~t~1y , 4~-'V,i1PaH Gtr 5 ~Qtd~ ~ ~~~~ ~ ~ P t[y !~ ~ fides ~t ~ t+~~faw~s~ ~~ 3~ first whtt'~ ~h~ h ~ rr° ~f s~i~ ~ ~fb $ ~f~r~h ~`,4~4. f~, t ~ ~d+~P ~f the ~t~r ~ t't~e 1~arth ~~4~'~i" ~ it9.~4 ~; C4i ~ ~ 7.~3 filt,, fi1$ ~ of 298QQ fly ~ d~lte ~# 19®~~`~"a ~ ~ ~~ t.~ ~ 9~,~f fa ~ ~d~ ~ 1t~1.Qil~ f~ ~ d ~f by°°r ~#9~ Yt~B Si~L[~11 ~~°~'~" ~~i ~ ~~.+~~ ~ tC} ~4~ l't~t-~/ 6i~` ~~dtLt Cell; ~ ~ said ~~a~~~-~vay ~1d~ ~ cur C~tr~i ~.~61 ~ tom.. ~'~ J°I~pg~6 ~ ~ Erie. .~ h~€~6f.~p~i~ P~1~1+~ gd~F~RYp Y4~~q qp,~~J g. ~( ,/¢y~!_/y~ ~q~,,y~~~ y~~ /p ,p (~ p'~yp~ A"1+~+W.7U ~~4~W'°7ffO~'3 ~ '. d~8V5~N`a3~'tid~~Yriii77~4JkRtl71~~ 7~J .. ~ M +'sf FS`h T! Exhibit D " PQ+iT 6F 24 18 69.71' ~.__ _.~. 61.E €. 1!lGiORY ~ 19 '1 LEGEND cx~RV~ Tae ~ atoms ~ ~ ~ - ~- - so~no.li-e t`.~U~ c~aa~aut~a c~r~t~ srr~ t °-~- Exhibit D • • D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone a portion of the subject property to C-N and TN-C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the C-N and TN-C districts, which provides for the retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. (See Section 10 of this report for more information.) c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this 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 should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (LJDC 11-5B-3.E). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. A CUP is requested for the conversion of an existing home to a civic/social hall for the benefit of the neighborhood and community. The City Council finds that the site/landscape plan submitted with this application and the conditions of approval in Exhibit B, the site is large enough to accommodate the proposed use and meet all other dimensional and development regulations of the R-8 district. Exhibit D b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use of the property as a civic/social hall complies with the objectives of the Comprehensive Plan and the requirements in the UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed use of the property should be compatible with adjacent proposed residential uses in the general area and will not adversely change the character of the area, if the conditions are adhered to. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the proposed use of the property will be served adequately with essential public facilities and services. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains necessary to serve this property. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed use of the property will not result in the destruction, loss or damage of any natural feature(s) of major importance. In fact, the proposed use of the property will preserve a unique structure that can be used and enjoyed by the neighborhood and community as a whole. Staff recommends that the Commission and Council reference Exhibit D C7 • any public testimony that maybe presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are currently available and will be extended to the property at the developer's expense. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD 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. Exhibit D • f. The development preserves significant natural, scenic or historic features. Except for the Caven home, which is proposed to be retained as a civic/social hall and the Ridenbaugh Canal, which is to remain open, Staff is unaware of any natural, scenic, or historic features on this site. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 • PP 07-015 APPLICANT Kasterra Development, LLC ITEM NO. 5-H REQUEST Findings for Approval -Request for PP for 518 lots consisting of 443 sf residential bldg lots; 1 residential bldg lot consisting of 32 apartment units; 8 residential bldg lots consisting of 60 future condo units; 4 mixed use lots with 12 residential lolls for Cavanaugh -sec of Meridian 8~ Victor AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Flndinys w ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubOc meetings shall become properly of the City of Meridian. CITY OF MERIDIAN (~E IDIAN~- FINDINGS OF FACT, CONCLUSIONS o p ~ ~ ~ OF LAW AND DECISION & ORDER In the Matter of Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) Zoning Districts; Preliminary Plat of 517 Lots [consisting of 443 single family residential building lots; 1 multi family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future%onceptual condo units; 4 mixed use lots consisting of commercial-retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, l school building lot, lcivic/social hall lot, 47 common lots, and 3 other (parking lots) on 177.43 Acres in the C-N, TN-C, TN-R, & R 8 Zoning Districts; Conditional Use Permit to Convert the Ezisting Caven Home into aCivic/Social Hall in an R-8 Zone; and Development Agreement Modification to Address the New Neighborhood Center Plan and Conversion of the Ezisting Caven Home into aCivic/Social Hall, for Cavanaugh by Kastera Development, LLC. Case No(s). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 1 • 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. 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 Descriptions, Preliminary Plat, Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 8, 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 Rezone as evidenced by the legal descriptions, prepared by Gregory Holkesvig, dated July 6, 2007, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, prepared by J-U-B Engineers, dated 11/8/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, prepared by Kastera Development, dated 8/7/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-O15; CUP-07-017; and MI-07-011 - 2 - 4. The applicant's Development Agreement Modification request included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; and 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 3 :7 Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 4 _ *' i By action of the City Council at its regular meeting held on the ~~~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_~7~k~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ~i~a111/mss"'yam ATTEST: ~,~,~ /-/S~- WILLIAM G. BERG, JR., oe VOTED_~~~-G~ VOTED_ l~~~v VOTED_~ VOTED ~~ DE WEERD e~ c ~ ~ ~ .;` e ~~ ~~~~' /®~ C ~~~ g~°` 2~ Copy served upon: ~/ Applicant lanning Department ~~~blic Works Department ~-/ City Attorney Dated: ity Clerk's Office t~2~-~ ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 5 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT E IDIAN Hearing Date: January 8, 2008 ' ®q H TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Cavanaugh • RZ-07-014 Rezone of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) (13.59 acres) and TN-C (Traditional Neighborhood Center) (16.49 acres) zoning districts PP-07-015 Preliminary Plat of 517 lots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptual/future apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial- retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in the C-N, TN-C, TN-R, & R-8 zoning districts • CUP-07-017 Conditional Use Permit to convert the existing Caven home into acivic/social hall, in an R-8 zone • MI-07-011 Development Agreement modification to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kastera Development, LLC, has applied for a Rezone (RZ) of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center) zoning districts. The portion proposed to be zoned C-N consists of 13.59 acres and the portion proposed to be zoned TN-C consists of 16.49 acres. Preliminary Plat (PP) approval is also requested for 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots]on 177.43 acres in C- N, TN-C, TN-R, & R-8 zoning districts. A Conditional Use Permit (CUP) is requested for approval to convert the existing Caven home on the proposed Lot 1, Block 34 into acivic/social hall, in an R-8 zone. A Development Agreement modification (Mn is requested to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. This property was annexed into the City in 2006 with R-8, TN-R, and C-N zoning and a preliminary plat was approved at the same time under the name of Tanana Valley. Since that time the property has been sold and purchased by a new owner and is now being developed by Kastera Development. A portion of this property, shown as phase 1 on the preliminary plat, received final plat (FP-07-014) approval in June, 2007 under the name of Cavanaugh Subdivision No. 1. This Cavanaugh RZ PP CUP Ml PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 final plat contained 123 single-family building lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts. The subject property is located on the southeast corner of S. Meridian Road/SH 69 and E. Victory Road. The site consists of four tax parcels, one of which is currently addressed as 465 E. Victory Road. Currently, there is one existing single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) on this site that the Applicant is proposing to retain for acivic/social hall. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUNIlVIARY RECOMMENDATION The subject applications (RZ, CUP, PP, & MI) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat, and Miscellaneous (Development Agreement modification) applications. Staff is recommending approval of the proposed Cavanaugh development (RZ-07-014, CUP-07-017, PP-07-015, & MI-07-011) with the conditions listed in Exhibit B of the Staff Report. (Note: The C®mmission is not required to make a recommendation to City Council on the Development Agreement Modification (MI) application.) The Meridian Planning & Zoning Commission heard these items on November 15, 2007. At the public hearins: they moved to recommend approval of the subiect RZ, CUP, PP, & MI request. a. Summary of Commission Public Hearinsr: i. In favor: Wayne Forrey. Kastera Development (Applicant); Ben Haught, Kastera ii. In opposition: None iii. Commentins:• None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commentins: on application: Caleb Hood it. Kev Issue(s) of Discussion by Commission: i. Proposed access points to/from Victory Road; ii. Allowance of Alternative Compliance for the berm requirement alonE Meridian Road adiacent to the residential portion of the development; iii. Requirement of a sidewalk to be constructed by the Applicant along Victory Road across the Grange Hall property; iv. Rolled curb vs. vertical curb within the development. .~. Kev Commission Change(s) to Staff Recommendation: i. Modify condition #1.2.6.e. to allow the applicant to work with Staff to provide Alternative Compliance for the berm/wall requirement along SH 69 adiacent to the residential portion of the development; ii. Modify condition #7.1.4 to not require a sidewalk across the Grange Hall property but recommend that the Applicant work with the Grange and the developer to the east to possibly install a sidewalk across the Grange property; iii. Modify condition #7.1.14 to recommend that ACHD review the possibility of using a vertical curb in lieu of rolled curb: iv. Pertaining to condition #7.1.19, require the owner of Lot 24, Block 15 to construct a public street in alignment with Mesa Wav on the north side of Victory Road. sl, Outstanding Issue(s) for City Council: Cavanaugh RZ PP CUP MI PAGE Z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 An inconsistency exists in the staff report between the Analysis (in Section 10 page 13) and the Conditions of Approval listed in Exhibit B. In the Analysis section, Staff is not supportive of the driveway/private right-in access point to the site from Victory Road between S. Standing Timber Wav and S. Enter Wav shown on the plat/site plan However, Staff did not include a condition of approval to that effect in Exhibit B ACHD reviewed this access point and included a condition (#7.1.8) in Exhibit B as follows, "Construct one rieht-in ONLY driveway located approximately 1,250-feet east of Meridian Road." Staff contacted ACRD regarding this condition and ACHD stated that they are agreeable either way if the access is approved by the City or not The City Council should determine if this access point should be allowed. If not, a condition of approval should be added in Exhibit B prohibiting this access point The M eridian City o nc'I heard hec .items nn .ian_n_A_.-.~ s_t_ 20ng. A± the ••••l±l^'~ h_aarin_o th_a OanC L aDDPOVed the Stblect 7. Pp. IP. aIId MI reaae t ~. a mare of itv o ~nc'1 Pub is A a 'n : i. favor: Wayne Forrev & ralg K ~lchak_ Kactera_ neyelnnment (Annlirantl_ Ben H ht au~ ii. In opposition: None iii. omm ntin : T'm Mu e 1 iv. Written tes 'mono: None v. tall presenting app ication: nna .a nin~r vi. ther staff cowmen 'n~ on app ication• oe ilv g, ev Issues of Discussion by Council: i. he right-in acce and deceleration lane propo ed on Vi orv Road betwee tandin~ Timb W F t W d 4 er av: _ ,n er av an ii. he location of Citv we 1 fac'litie on he chool i behind .ot 2 . lock 8 'ning t ~ r1' it r De a o ec y: iii. a use of the exis 'nom Caven home a a co m unity center owned and mane d by Kastera Devel m t f ~ b h i hb h i d d op en or e y e ne or oo Comm m tt': an iv. he construction of a sidewa k acro the o ~tparcel on Vic orv Road by Ka er ev l t di t t th h l it e opmen a acen o e c oo e: v. T'm~Mussell requested that the fu re structure on .ot_37. Block 36 be Limite_ d i ~ e ght to a single-story residence: Wayne Forrev as<reed ev Counc'1 Cha Pec to staff/Commission Recn...~nP~+ anon i. ouncil approved the second acce poin o the ite from Vic orv Road loss e between Standing Timber Wav and S nter Wav as a right-in only with a deceleration lane: ii. elude a note on the final plat for he fa ire fracture on .ot 7. Block 6 o be limited 'n hei~h o a 'n le- tore re idence with amaximnm baildin~ height of - - 22 feed' iii. he existing Caven home cha 1 be owned and mans d by Ka tera Develonmen or use as a co munity center by he neisrhborhood and co m unity. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented in staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial Cavanaugh RZ PP CUP MI PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF JANUARY 8, 2008 After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented during the hearing on January 8, 2008, for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-014, CUP-07-017, and PP-07-015 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: The subject property is generally located on the southeast corner of S. Meridian Road/SH 69 and E. Victory Road and consists of Ada County Tax Parcel #'s S1130212450, S1130121110, S1130233725,and 51130234000 NW % of Section 30, Township 3 North, Range 1 East b. Owner: DBSI Tanana Valley, LLC 15711 State Highway 55 Boise, ID 83714 c. Applicant: Kastera Development, LLC 15711 State Highway 55 Boise, ID 83714 d. Representative: Wayne Forrey, Kastera Development e. Present Zoning: R-8 (Medium Density Residential), C-N (Neighborhood Business), & TN-R (Traditional Neighborhood Residential) f. Present Comprehensive Plan Designation: Medium Density Residential & Mixed Use- Neighborhood -Neighborhood Center g. Description of Applicant's Request: The Applicant is requesting approval of the following: • Rezone (RZ) of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zoning districts; Preliminary Plat (PP) modification to address the new village center neighborhood commercial plan and conversion of the Caven home into acivic/social hall. The plat consists of 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in C-N, TN-C, TN-R, and R-8 zones; • Conditional Use Permit (CUP) to convert the existing Caven home into a unique neighborhood community center as a civic/social hall for neighborhood and community Cavanaugh RZ PP CUP MI PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 events. The civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation; and • Development Agreement modification (MI) to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. 1. Date of Site/Landscape Plan (attached in Exhibit A): November 5, 2007 2. Date of Preliminary Plat (attached in Exhibit A): November 8, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will, in fact, constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: October 1, 2007 and October 15, 2007 (Commission); December 17, 2007 and December 31, 2007 (Gifu Councill f. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); December 14.2007 (Gifu Councill g. Applicant posted notice on site by: September 17, 2007 (Commission); December 13.2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) and associated outbuildings on the site. The existing home is proposed to be retained on the site as a civic/social hall. The remainder of the property is being used as agricultural land. b. Description of Character of Surrounding Area: This area contains a mix of uses. To the north, across Victory Road are a commercial nursery and other commercial businesses and single-family homes in Observation Point Subdivision. To the south and east are recently approved subdivisions in the City. To the west, across Meridian Road, are large parcels and single-family homes in the County. This section is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Commercial property (Victory Greens, gas station, Double D feed store), zoned C-G; and residential property (Observation Pointe, Glacier Springs, Kachina Estates), zoned R-4 and RUT (Ada County) 2. East: Residential property (Tuscany Village, Roseleaf, Sicily, Reflection Ridge), zoned R-4 and R-8; Grange hall, zoned Rl (Ada County) Cavanaugh RZ PP CUP MI PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. South: Residential property (approved Sicily & Reflection Ridge), zoned R-4 & R-8; and storage facility, zoned RUT (Ada County) 4. West: Residential property (Meridian Heights), zoned RUT and R6 (Ada County) d. History of Previous Actions: This property previously received approvals under the name of Tanana Valley. The previous applications were as follows: • Annexation and Zoning (AZ-06-015) approval of 192.26 acres to R-8 (177.90 acres), TN-R (10.42 acres), and C-N (3.94 acres) zones. A Development Agreement was also approved with the annexation (Instrument No. 106151214); • Preliminary Plat (PP-06-013) approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres; • Final Plat (Cavanaugh Subdivision No. 1, FP-07-014) approval of 123 single-family residential lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts; and • A temporary Certificate of Zoning Compliance (CZC-07-043) was issued on Mazch 27, 2007 for the existing Caven home to temporarily be used for a real estate sales and construction office for residential dwelling/lots within the development; this permit expires on Mazch 27, 2007. NOTE: There were 548 single-family building lots approved with Tanana Valley; there are 443 single-family building lots proposed with this application. Therefore there aze 1O51ess single- family building lots proposed with the subject development. However, in addition to the single- family lots, the subject development now includes lmulti-family residential lot proposed to conceptually contain 32 apartment units, 8 residential lots consisting of 61 future%onceptual condominium units, and 4 mixed-use lots consisting of commerciaUretail on the first floor with 12 residential lofts on the second floor. Although the type of dwelling has changed from 105 single-family to 105 multi-family, the overall number of dwelling units on this property has not changed. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Black Cat Trunk Location of water: This property is proposing water service from mains located in Victory Road and Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross, intersect, or aze adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. 3. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 4. Flood plain:NA 5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazazdous to children. Cavanaugh RZ PP CUP MI PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 6. Proposed Zoning: C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center); existing R-8 and TN-R. 7. Overall Zoning for Development: R-8 (Medium Density Residential), C-N (Neighborhood Business), TN-C (Traditional Neighborhood Center); and TN-R (Traditional Neighborhood Residential) zoning districts 8. Size of Property: 177.43 acres f. Subdivision Plat Information: 1. Residential Lots: 463 (+4 mixed use lots w/residential lofts) 2. Non-residential Lots: 15 (including commercial lots, civic/social hall lot, school lot, & mixed use lots w/commercial-retail on the first floor) 3. Total Building Lots: 478 4. Common Lots: 47 5. Other Lots: 3 (parking) 6. Total Lots: 517 7. Gross Density: 3.08 units per acre (net density is 4.76 dwelling units per acre) g. Landscaping 1. Width of street landscape buffer(s): A 25-foot wide buffer is required along E. Victory Road, an arterial street; a 35-foot wide buffer is required along S. Meridian Road/SH 69, an entryway corridor and arterial street; and a 20-foot wide buffer is required along S. Standing Timber Way and the future Rumpel Lane/Harris Street collector streets, in accordance with the standazds listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 20-foot wide buffer is required on property that is zoned C-N that is adjacent to residential uses, per UDC Table 11-2B-3.The buffer shall be constructed in accordance with the standazds listed in UDC 11-3B-9C. 3. Parking lot landscaping: Perimeter and internal parking lot landscaping is required on all lots that aze zoned C-N and TN-C, in accordance with the standards listed in UDC 11-3B-8C. Perimeter and internal landscaping on these lots will be reviewed for compliance with UDC standards with submittal of Certificate of Zoning Compliance applications for each building. 4. Other landscaping standazds: Landscaping adjacent to multiuse pathways and micropaths should comply with the standazds listed in UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet in accordance with UDC 11- 3G-3E2. h. Off-Street Parking: Per UDC 11-3C-6, single-family dwellings with more than 1 bedroom aze required to have 2 pazking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and gazage; multi-family dwellings are required to have 2 parking spaces per dwelling unit in a covered carport or garage. i. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) are shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest corner of the development. Aright-in access point from Victory Road is also proposed between Standing Timber Way and S. Enter Way. The ACHD is requiring that Standing Timber Way be constructed as a residential collector, with no front-on Cavanaugh RZ PP CUP MI PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 housing. All of the other internal streets are proposed as local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5-foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 8 lots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The applicant is proposing to provide stub streets to the out-parcel on Victory Road and the out- parcel on S. Meridian Road; Staff supports these stub streets. Stub streets are also proposed to be extended from the previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff supports the extension of these stub streets. The plat also shows a public street connection to Rumpel Lane at the south boundary (1/2 mile south of Victory Road). Access points to adjacent arterial streets should be approved by ACRD, ITD and the City. The ACRD report is included in Exhibit B of the Staff Report. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On September 28, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of this property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed development includes 548 residential units on 177 acres for a gross density of 3.08 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. A portion of this property is also designated "Mixed Use -Neighborhood" (MU-N) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. This designation is depicted at the half-mile between Meridian Road and Locust Grove Road; however, the Applicant is proposing to move it to the Victory/Meridian Road intersection. Staff supports the relocation of MU-N/N.C. as shown and proposed by the Applicant. 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 proposed development includes a mix of housing types, small scale commercial uses, acivic/social hall, open space, and pathways. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner: Cavanaugh RZ PP CUP MI PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID) and Idaho Transportation Department (ITD). These services will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend four stub streets provided to this property from previously approved subdivisions. Staff believes that the applicant has done a nice job of connecting to existing stub streets as well as providing for future connectivity to the south. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct 4 foot tall solid fencing along Meridian Road adjacent to the single family residential portion of the development and along a portion of the southern boundary that is adjacent to the storage facility. Prior to home construction, temporary construction fencing to contain debris should be constructed around the perimeter of this site where permanent fencing is not proposed. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct 5 foot wide detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct micro paths internally within the development for pedestrian access to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, and the commercial portion of the development. The 10-foot wide multiuse pathway along the Ridenbaugh will also connect to the required 10 foot wide pathway along Meridian Road and the adjacent developments as part of the City s pathways plan. Staff is generally supportive of the proposed pedestrian connections to adjacent properties. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. In accordance with the UDC and ITD's standards, the applicant is not proposing any access points to/from SH 69 other than at the half mile mark between section line roads at Harris Street (Rumpel Lane). Three access points are proposed to/from Victory Road, an arterial street. The Applicant is also proposing stub streets to the out parcel on Meridian Road and the out parcel on Victory Road so that they will have access to local streets. Cavanaugh RZ PP CUP MI PAGE 9 r i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Most of the subject property is zoned residentially (R-8). Staff finds that the existing single- family residential properties to the north, south, east and west, as well as the Grange Hall to the east are compatible with the proposed development. Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The Ridenbaugh Canal bisects this property. The Applicant is proposing, and is required, to construct a 10 foot wide multi-use pathway alongside the canal as part of the City's Master Pathways Plan. Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Landscaping is proposed as required within the commercial portion of the development and should be maintained by the Business Owners Association. Compliance with internal landscaping standards will be reviewed at the CZC or CUP approval level for the future buildings. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is required within the residential portion of the development in accordance with UDC standards. Fencing is proposed on the site and is required to comply with the standards listed in UDC 11-3A-7. Signage shall be approved by a separate sign permit and shall comply with the requirements listed in UDC 11-3D. • Chapter VI, Goal I, Objective A, Action 2 -Support the location of school sites within every square mile in undeveloped areas. An alternative high school is proposed in the north eastern portion of the development adjacent to Victory Road. Staff is supportive of the proposed school location as there are no other schools within the square mile. • Chapter VII, Goal I, Objective B, Action 1 -Consider development applications that apply the neighborhood center concept. The proposed development employs the neighborhood center concept with neighborhood friendly commercial uses, a mix of residential uses (vertically integrated residential units over retail uses, future condos, future apartments, and single family homes), open space, pedestrian pathways, acivic/social hall, and a school. Staff believes that the proposed development generally complies with the Comprehensive Plan. Staff finds that the proposed density, land uses and zoning districts for this property are consistent with the goals and objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (iJDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 and TN-R zoning districts. Multi-family developments are a Cavanaugh RZ PP CUP MI PAGE 10 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 permitted use in the TN-C zoning district. There are several principally permitted, accessory and conditional uses allowed in the C-N and TN-C zoning districts. b. Purpose Statement of Zoning Districts: • R-8 Medium-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. • TN-R Traditional Neighborhood Residential: The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehiculaz traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term Yesidential dish-ict shall also include the Traditional Neighborhood Residential District. TN-C Traditional Neighborhood Center: The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C district is pedestrian oriented, and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi- family dwellings. • C-N Neighborhood Commercial: 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 aze 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. c. Specific Use Standards: Per UDC Table 11-2A-6, specific use standazds apply to the proposed civic/social hall use. The specific use standazds in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. d. General Standazds: Please see UDC 11-2A-6 for development standazds in the R-8 district; UDC 11-2D-5 for development standazds for the TN-C district; UDC 11-2D-6 for development standards in the TN-R district; and UDC 11-2B-3 for development standazds in the C-N district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: The Applicant is requesting to rezone 30.08 acres of the site from the R-8 zoning district to C-N and T1V-C zoning districts. The Applicant intends to build a grocery store on the northwest corner of the property; vertically integrated buildings internally; multi-family buildings; and, stand alone commercial buildings within the azea proposed for the rezone. This azea previously was approved for single-family detached dwellings. Cavanaugh RZ PP CUP MI PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The Comprehensive Plan Future Land Use Map designation for the property proposed to be rezoned is medium density residential. However, the Applicant is proposing to shift the mixed use neighborhood center towards the Victory/Meridian intersection. Staff is supportive of this shift and the proposed rezone (see Section 8 above). Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C N and TN-C zoning is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The rezone legal descriptions and exhibit maps submitted by the applicant (stamped on July 6, 2007 by Gregory Holkesvig, PLS) included as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. CONDITIONAL USE PEIZNIIT: The Applicant is requesting Conditional Use Permit (CUP) approval to convert the existing 13,000 square foot Caven home into a unique neighborhood community center as a civic/social hall. The UDC (Table 11-2A-2) requires such uses to obtain CUP approval. The Applicant has submitted a site plan, attached as Exhibit A.6, showing how the site is proposed to develop and be utilized. The Applicant proposes to preserve the Caven home and convert it into a gathering place for neighborhood and community events. The Applicant's narrative states that the proposed civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation. Because of the size of the civic/social hall, Kastera envisions that multiple functions can occur during the same time. Facilities include a library, commercial kitchen, banquet room(s), recreation rooms, computer rooms, meeting rooms, swimming pool, tennis court, spa, barbeque and picnic facilities, patios and decks, large lawn areas, restrooms, storage rooms and garage. Anticipated capacity for outdoor events is estimated to be 300 people; anticipated capacity for indoor events is estimated to be 100 people. Specific Use Standards: Per UDC Table 11-2A-6, specific use standards apply to the proposed civic/social hall use. The specific use standards in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. Staff is including a condition of approval that the Applicant complies with these standards. Elevations: The Applicant has not submitted building elevations with this application but has submitted photos of the existing Caven home. Included in the Applicant's narrative is a list of 21 unique design features of the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines for the subdivision. (See Exhibit A.8 for a list of proposed design features and photos of the existing Caven home.) Staff has reviewed the proposed design features and found them to represent high quality architecture and construction materials. For this reason, Staff supports the design features and construction materials proposed for structures within this development. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. Staff has reviewed the site plan submitted with this application. The parking shown on the site plan exceeds the amount required by UDC 11-3C-6B but will be necessary for the proposed use. The existing landscaping on the site is abundant and meets UDC requirements. A 20-foot wide street buffer is required adjacent to S. Standing Timber Way, a collector street, and should be constructed in accordance with the standards in UDC 11-3B-7C, a proposed. A detailed Cavanaugh RZ PP CUP MI PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 site/landscape plan is required to be submitted for approval with the CZC application for a change in use of the site from a residence to a civic/social hall. At that time, Staff will review the site in detail for compliance with applicable UDC standards. Staff believes that the conversion of the Caven home to a civic/social hall as proposed will be a great addition to the neighborhood as well as the community. Further, Staff believes that the proposed use will be an excellent reuse of an extraordinary property and commends the Applicant for preserving the existing structure and making it available for public use. For these reasons, Staff is very much in favor of the CUP request as proposed, per the findings attached in Exhibit D of this report. PRELIlVIINARY PLAT: The Applicant is requesting preliminary plat approval of 5171ots [consisting of 443 single-family residential lots; 1 residential lot consisting of 32 future apartment units; 8 residential lots consisting of 61 future condominium units; 4 mixed-use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial lots; 1 school lot; and 1 civic/social hall lot, 47 common lots, and 3 other lots (pazking lots)] on 177.43 acres in C-N, TN-C, TN-R, & R-8 zones. The previously approved preliminary plat for Tanana Valley contained 548 single-family building lots, 1 commercial lot, 1 school lot, and 20 common lots on 182.6 acres in the R-8, TN-R, and C-N zoning districts. There are now l OS less single-family residential lots than before. Additionally, 32 future apartment units, 61 future condo units, and 12 residential lofts above retail uses are now proposed. The proposed preliminary plat was prepazed by J-U-B Engineers on 11/8/07. The gross density for the residential portion of the proposed development is 3.08 dwelling units per acre (net density is 4.76 dwelling units per acre). There is one existing home on Lot 1, Block 34 that is proposed to remain and be converted into acivic/social hall for the benefit of the neighborhood and community. The previously approved preliminary plat consisted primarily of single-family residential uses in the R-8 (177.9 acres) and TN-R (10.42 acres) districts with only a small portion (3.94 acres) zoned C-N for commercial uses. The subject plat decreases the R-8 azea to 137.4 acres, adds the TN-C area of 16.5 acres, increases the C-N azea to 13.6 acres, and does not change the TN-R azea from 10.4 acres. The open space azea previously approved was 24.05 acres or 13.5% of the site; the proposed open space azea is now 27.6 acres or 15.6% of the site, for an increase of 3.55 acres or 2.1 %. Staff supports the proposed land use changes as they aze consistent with the mixed-use neighborhood designation on the Future Land Use map for this azea. Further, Staff believes that the variety of uses proposed fits well with the neighborhood center concept. The previous plat had an overall gross density of 3.09 units per acre; the subject plan has an overall gross density of 3.08 dwelling units per acre. While the density is the same, the lot sizes proposed on the subject plat have generally decreased in size. The subject plat includes more pathways than originally proposed, which increases pedestrian accessibility to the commercial portion of the development, the school site, and the civic/social hall. The previous plat depicted two access points (S. Standing Timber and S. Mesa Avenue) to Victory Road and one access point (Harris Street) to Meridian Road. The new plat depicts three access points to Victory Road and one to Meridian Road. The proposed plat shows a portion (the TN-R zoned portion) of the property that received fmal plat approval in June, 2007 as Cavanaugh Subdivision No. 1 but does not include it within the plat boundary. For this reason, details are not shown on this portion of the property. This azea did not change from that approved with the preliminary plat for Tanana Valley. The TN-R zoned portion of the property should be included in the subject revised preliminary plat for this development; this piece provides a contiguous connection that is needed for this property to be Cavanaugh RZ PP CUP MI PAGE 13 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 included in one plat. Dimensional Standards: Staff has reviewed the preliminary plat for compliance with the dimensional standards of the R-8, C-N, TN-C, and TN-R zoning districts. The existing structure that is proposed to remain meets the minimum setbacks of the R-8 zone. The following list of items does not comply with dimensional standards and/or are errors on the plan that need to be shown on a revised plat: A 25-foot wide street buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way, including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. A 20-foot wide street buffer(s) shall be provided along S. Standing Timber Way and Hams Street, both collector streets and all other streets classified as collectors. (The buffer along Harris Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets.) Said buffers should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) are shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest comer of the development at the half mile (in alignment with Harris Street). Aright-in access driveway is also proposed to the commercial portion of the site from Victory Road between Standing Timber Way and S. Enter Way. A public street, S. Mesa Way, is proposed to Victory Road along the east boundary of the proposed school site; direct access to the school lot to/from Victory Road shall be prohibited. The ACHD is requiring that Standing Timber Way and the future extension of Harris Street be constructed as residential collectors, with no front-on housing. Staff is supportive of the proposed access points as allowed by ACRD. All of the other internal streets are proposed local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5- foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The plat also shows a public street connection to Rumpel Lane, a private street at the south boundary. Staff and ACRD are requesting that the Applicant close and/or incorporate Rumpel Lane into a new public street (the extension of Harris Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 36-foot street section. The new extension of Harris Street should extend from the intersection of Meridian Road to connect with the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision. ACHD's conditions are included in Exhibit B of the Staff Report. Private Street: On the plat adriveway/private right-in access point to the site from Victory Road between S. Standing Timber Way and S. Enter Way is shown. Staff is not supportive of this access point; the private street is not approved with this application. Stub Streets: The Applicant is proposing public street connections to four stubs streets provided to this property from previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff Cavanaugh RZ PP CUP MI PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 supports the extension of these stub streets as proposed. Additionally, there is a stub street at the south boundary from Reflection Ridge Subdivision (Reflection Ridge Place) that the Applicant is proposing to connect to the extension of Harris Street. There are two out parcels that are surrounded by the subject development. One of the out parcels is on Victory Road; the other is on Meridian Road. Both of these out parcels currently take direct access to the adjacent arterial roadway. The Applicant is proposing to construct a stub street to these properties to allow for access to these parcels to be provided from a local street. Staff is supportive of all of the proposed stubs as they allow for future access to these parcels from internal local streets rather than the adjacent arterial streets. E~sting Structures: The site currently contains one existing home and garage, which is proposed to remain and be converted into acivic/social hall and service area per the site plan submitted with this application. Design Standards: All structures proposed within the development that are located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. This requirement applies specifically to future structures on Lot 3, Block 29. The Design Review application may be submitted with the CZC application. Elevations: The Applicant has submitted a design collage (see Exhibit A.7) for this development that represents architectural elements proposed in Cavanaugh for the residential and commercial portions of the development. The images are taken from the Architectural Vision and Guidelines for the development. It is recommended that architects involved at Cavanaugh study the Architectural Vision and Guidelines as well as other standards set for the subdivision. The Applicant has also submitted a list of 21 unique design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines. This list is included as Exhibit A.8 in this report. Conceptual elevations with construction materials were submitted for the residential lofts, future condominiums, and apartments (see Exhibit A.9). Staff has reviewed the proposed design features and design collages in Exhibits A. 7, and A.8, and the conceptual building elevations in Exhibit A.9 and found them to represent high quality architecture and construction materials. For this reason, Staffsupports the design features, constntction materials, and conceptual elevations proposed for structures within this development. (Note: The multi family units proposed within this development do not require future CUP approval because multi family developments are a permitted use in the TN-C zone. For this reason, Commission and Council should review the conceptual elevations submitted with this application included in Exhibit A.9 to determine if additional design requirements should be added) Sidewalk: A 5-foot wide detached sidewalk is required to be constructed along E. Victory Road, in accordance with ACRD standards and UDC 11-3A-17. A 10-foot wide detached multi-use pathway is required to be constructed along SH 69/S. Meridian Road with a public use easement, in accordance with IT]D standards and UDC 11-3H-4C. All sidewalks shall be a minimum of 5- feet wide, except if detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width maybe reduced to 4 feet, per UDC 11-3A-17A. Parkways: Per UDC 11-3A-17E, the minimum width of parkways planted with class II trees shall be 8 feet; parkways are currently depicted on the typical street section shown on Sheet 2 of the plat at 6 feet in width. The planter width for class II trees may be reduced to 6 feet if there are root barriers that are a minimum of 18 inches below sub-grade adjacent to the sidewalk and a minimum of 24 inches below sub-grade adjacent to the curb; the root barriers shall extend 2 inches above grade. If 8-foot wide parkways are not provided, this area may not be counted toward the required open space for the subdivision, per UDC 11-3G-3B.5. If the Applicant Cavanaugh RZ PP CUP MI PAGE 15 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 proposes to construct a Crfoot wide parkway, the Applicant shall comply with the above standards relating to root barriers. Staff is including a condition of approval as such. Development along State Highways: Because this development is located along SH 69, there are certain provisions in the UDC that pertain to the design of new residential development along state highways to mitigate noise impacts associated with such roadways. Specifically, a 10-foot wide multi-use pathway is required to be constructed adjacent to the State Highway as proposed by the Applicant and shown on the site/landscape plan. Access to this pathway is provided from the pathway along the Ridenbaugh Canal. Additionally, a berm or berm/wall combination is required to be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway. Staff is including a condition of approval in Exhibit B that the Applicant is required to comply with the standards listed in UDC 11-3H-4B, Noise Abatement for Residential Uses along State Highways. Landscaping: The landscape plan prepared by Breckon Land Design on 8/10/07 is approved with the following modifications/notes: • Construct a minimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot and the deceleration lane west of Standing Timber Way), exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • Construct a minimum 35-foot wide street buffer along the entire length of SH 69/S. Meridian Road, exclusive of ITD right-of--way. A berm or berm/wall combination shall be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standards listed in UDC 11-3H-4D, Noise Abatement for Residential Uses along State Highways. • Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, and all other streets classified as collectors within the development. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B- 7, Landscape Buffers along Streets. The buffer along Harris Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. • Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C-N zoned portion of the development in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Parking stalls shall not encroach within the required buffer area. • Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • UDC 11-3B-12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 8-foot wide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' linear feet and shrubs, lawn, or other vegetative ground cover. The landscape plan depicts "existing trees" on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with UDC 11-3B-12. Also, several of the micro paths do not contain the required number of trees. • Either provide 8-foot wide parkways adjacent to local streets or provide 6-foot wide parkways with root barriers in accordance with the standards in UDC 11-3A-17E. Street Cavanaugh RZ PP CUP MI PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 section on sheet 2 of the plat shows a tirfoot wide parkway; the landscape plan shows an 8 foot wide parkway. • A 6-foot tall open vision fence is required along the south side of the Ridenbaugh Canal, per UDC 11-3A-6B; a 5-foot tall open vision is shown on the plan. Revise plan to comply with this requirement. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Mitigation: There are a lot of existing trees on this site. Staff encourages the Applicant to save as many of the existing trees as possible. Mitigation shall be provided for all existing trees 4-inch caliper or greater that are removed from the site in accordance with the standards listed in UDC 11-3B-1 OC.S. Common Open Space: Per UDC 11-3G-3, a minimum of 10% common open space is required within the development. The site consists of approximately 177 acres; 17.7 acres of open space is required. The Applicant is proposing 27.6 acres of open space, which complies with and exceeds the minimum open space requirement. Additionally, one site amenity is required for each additiona120 acres of development area. Per this requirement, the site is required to have 8 amenities. The Applicant is proposing the following as amenities: (3) pedestrian bridges across the Ridenbaugh Canal; amulti-use pathway along the south side of the canal; a 8-foot wide sidewalk along the north side of the Ridenbaugh Canal; 25' x 60' pool; 4' radius hot tub; 15' x 15' splash park; 20' x 20' water plaza; open play area; acivic/social hall; bus turnout; and additional open space area beyond the required amount. Additionally, per UDC 11-3G-3E.2, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted along with lawn, either seed or sod. The landscape plan complies with this requirement. Maintenance of all common areas shall be the responsibility of the Cavanaugh Home Owners' and Business Owners' Associations. Staff is generally supportive of the open space and site amenities proposed on the site as they comply with UDC requirements. (Note: In order for parkways to count toward the required open space, they need to be a minimum of 8 feet in width from curb to edge of sidewalk,• they are currently shown at 6 feet on Sheet 2 of the plat and 8 feet on the landscape plan.) Multi-use Pathway: The applicant is proposing to construct amulti-use pathway, as depicted on the Future Land Use Map, along the south side of the Ridenbaugh Canal throughout the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. Per, UDC 11- 3B-12, a 5-foot wide landscape strip is required on each side of the pathway along with one minimum 2-inch caliper deciduous tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. The landscape plan depicts "existing trees" on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with this requirement. Staff is including a condition of approval in Exhibit B for the Applicant to comply with the standards listed in UDC 11-3B-12C. The Applicant is also proposing to construct a 8-foot wide pathway along the north side of the Ridenbaugh Canal. The pathway should also have landscaping on either side as required by UDC 11-3B-12C. Micro-paths: The applicant is proposing to construct several micro-paths within this development for pedestrian connection to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, the commercial portion of the development, and between Cavanaugh RZ PP CUP MI PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF JANUARY 8, 2008 subdivision blocks. Per UDC 11-3B-12, micro-paths are required to be landscaped with a minimum of one deciduous tree every 35 lineaz feet and shrubs, lawn, or other vegetative groundcover. Several of the micro-paths do not have enough trees to meet the aforementioned requirement of 1 tree per 35 feet. Staff has included a condition of approval in Exhibit B for the landscape plan to be revised to comply with this requirement. Staff is generally supportive of the proposed pedestrian connections as shown. UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 ezceeds the ma~mum block length allowed without a pedestrian connection. The applicant should add a micro-path to break up this block length, connecting to the sidewalk on Harris Street. All micro-paths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path in accordance with the standards listed in UDC 11-3B-12. Alleys: There are four blocks (Blocks 24-27) consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. Staff supports the proposed alley access to these units and is including a requirement in Exhibit B that the alley shall be constructed in accordance with the standards listed in UDC 11-6C-5 Fencing: Four-foot tall solid fencing is shown on the landscape plan adjacent to the single-family residential portion of the development along SH 69 north of the out-pazcel and six-foot tall solid fencing is shown south of the out-parcel and along the southern boundary adjacent to the storage facility. Five-foot tall open vision fencing and four-foot tall solid fencing is proposed internally within the development adjacent to common azeas and micro-paths. Afive-foot tall open vision fence is proposed along the south side of the 1Zidenbaugh Canal adjacent to the proposed residential lots; a siz-foot tall open vision fence is required per UDC 11-3A-6B. Staff is including a condition of approval in Exhibit B that the fencing along the south side of the Ridenbaugh complies with this requirement. All fencing proposed on the site shall be constructed in accordance with the standazds in UDC 11-3A-7 and 11-3A-6B. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common azeas 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. Ditches, Laterals, and Canals: The Ridenbaugh Canal and the Kennedy Lateral traverse through this site. There are other irrigation/drainage laterals that bisect this pazcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a lazge diameter pipe.) Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided should be tiled except when used as a water amenity or lineaz open space. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. Certificate of Zoning Compliance (CZC): A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially comply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the azchitectural standazds listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial structures located along entryway corridors. Cavanaugh RZ PP CUP MI PAGE 18 ! +! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 NOTE: A CZC application ~ include multiple/all multi family structures within the development. DEVELOPMENT AGREEMENT MODIFICATION (1VII Application): The Applicant is requesting to modify the existing DA (Instrument No. 106151214) approved with the annexation (AZ-06-015) of this property to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. Staff has included the Applicant's requested DA modifications in Exhibit A.10 of this report with Staff's comments in red/bold italics. Staff is supportive of the proposed changes to the DA as shown in Exhibit A.10 with recommended changes as noted on #5.1.14. The amended Development Agreement shall be signed within 6 months of City Council approval of this application. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-014, CUP-07-017, PP-07-015, & MI-07-011) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of November 15, 2007. The Meridian Planning & Zoning Commission heard these items on November 15 2007. At the public hearing they moved to recommend approval of the subject R7- CUP, PP. & MI request. he Meridian City Counc'1 heard hec -items nn .Tannarv R_ 2nnA_ st the DubLic hearing the Counc'1 approved he cnhieet R7,_ PP_ CiTP_ anri Mi rp..»p~t 11. EI~~ITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Rezone Site Plans 3. Preliminary Plat (prepazed by: J-U-B Engineers, dated: 11/8/07) 4. Phasing Plan 5. Landscape/Site Plan (prepazed by: Breckon Land Design, dated: 11/5/07) 6. CUP Site Plan 7. Cavanaugh Design Collage 8. Design Features 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments 10. Requested Development Agreement Modifications B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Pazks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Cavanaugh RZ PP CUP MI PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 C. Legal Descriptions & Exhibit Maps for Property Proposed to be Rezoned D. Required Findings from Unified Development Code Cavanaugh RZ PP CUP MI PAGE 20 A. Drawings Exhibit A 1. Vicinity/Zoning Map 2. Rezone Site Plans d T 1... t ~~ ,~~u~_ .__ ~ S VICTORY ROAD aro®nvsa uuniunrri~r~nn~i~: ~q i o ~~\ - ~~\.Y~ ~i~ ~+0 ~ ~ ~ ~ ~~_, ~ + ~. ~ o~ ~,~ -~``-` y aqU `. Gy ~y~ . ~.. REZONE SITE PLAN Bee6rmld.C LST113H33,Bdee,Tde~89714 o ~ ~o ~r~ ~. Exhibit A 3. Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07) PRELININARY PLAT FC1 F. CAVANAUGH SUBDIVISION a ~m~a+ ~ nc notb Ip 6 gcna+ ~ I01380P 7 9a~114 RNlff - G51. 90Y VEN4BIN MERIDIAN, ADA COUN7Y, IDAHO zoos - m govt +me.a. ~_. fiHHHINNWNM A4NH01NWIHR ~ mil, 4NNN~1 ~ ~ V~~ e 6 a ~/ ~fl a _ A. s~ao a.,. K ~w `'a ~ ~ ~ ~ ' ~ ~. °p' ~Q __L~r 1 n~ ~~, ~ ~ pkiA,jcf 3n snc~ ez n s $ 1 " ~ _ _. ..~ '~ ' ~ ~,I , __~ ~ ~ ` '_ j, --T ~, I E° -~ ,a ~ ,<-- , ~ ~ ,~ ,~ ~ ~ ~ i_ w 01~ p~6 m~ ~€ i~ _ O ~ lrwlur~c sroel m txs 9B2i Afig rmi sewn o9 oTVm sBE15 mR aware. ``~`. 8FI~f OVDD( pg~ _ _ `.. l.orE use s 4 ~~~ S 8 ~~~ ,n ~~ ~~ ~.~~~ >n-0m~ ~, ,. ~ ~, T~6~ ~ a ~. owner Entotn~ / su~roR: - KASTERA DEVELOPMENT L.L.C. J-U-B ENGINEERS, Inc. ~` _ / 16]11 MIY 95 ?9C 5 9EECHW000 AVEtdUE Sl11iE Zw m .~ ~\ /// ~ ID 87714 BCISE. IOPHO 93]09 r• •® al / PHQiE: (ZOB) B78-CHID FAX (208) 939-8110 7F ryU1pyE~ (~nR) i1fi-~M1M1O .. ~'~ SURVEly9R: JROI+A~o ucRtloGGE. PLS. , ~ 15 Exhibit A Exhibit A • PRELIMINARY PLAT ~r{r~ FOR (~ CAVAtdAUGH 9UHDIVI3IOI~ •+•..-.-- svm~ffffi®Ipo~~ ~a®tte~lome~~ 8~ a~oamnro, non camtY. IonHO ~ ~ ~~~~ ~~~ ~ ~ -a- ~ ~ ~~ ~ 1 / _ J`~ .~ y ~' a 9p~: ~~ / ~ '@~ ilk r ~~~ 'Yy ~ •'~ m 1 ~~ } o • '+ ~ a rd I 4 e • 6 I ~~ ~E. ~ i ® ~r ~ ~ ~, ~ r c~ ~ y m ~ .d. A~ ~ q. _w p ~ p .. F s 'j7~. r~ m~ ~ ~ ~f ~ ~ ~ ~ M r ~~ ~., 37.7 yt I • -sue ~ ~ ~ • Y` ~sP ~ 4 ~. ~ ~ ~ ~~ d~ ~~ $. ~ .. fl ~ ~ E caaix Y P • r ~ _ ~ - E~ ~ 8 S ' ~ x~ t 6 Exhibit A • i PRELIMINARY PLOT FOR CAYAYdAUGH 3UHDIVISIOId br.o..~w.. AI®Plff®I({ff~~ p I~P7®,~ff784S6~®- ~ mER77lAAl, ADA ~UNN, IDAHO ~ ----------- ~ ~ , ~ m I Ii ' 4 ffit01A sle. ~ I e r ~ __ E ~, ~ ~. ag~•E 9~J ~ ~ .a~ . .~ t~ ~ ~ a ~! ~ ~ __ o.. s ~ n ' ~-' ~ ~ < 1 ~ ~ e 9 064diY 9T ~ e 1 ~ I , , r ~~ ~ e m~ ~. ~`S .Y,n ~-rk ~L ~ ' ~ ~ e.P ~ ~ a E a~ ~mmvnaa 8f. 0 ~ ~ , + ~+ , ~ e -~" e _, 4 ~. I - ~~ ' ~~ 8 Exhibit A Exhibit A 5. Landscape/Site Plan (prepared by: Breckon Land Design, dated: 11/5/07) (There are 10 additional sheets of the Landscape Plan that aYe not included in this staff report; they are labeled as Sheets Ll.ll-L1.20.) a 1 i.i~ 0~3 ~o°~ ~~~ ~~~ ~~~ ~~ Ltd Exhibit A 6. CUP Site Plan ~~ ~ - - -- ~,~ zo m~ci ~~ -~ ~~ ~ f` ~ /' ~~ _ r~: ..--- ~ / ~~~ ~~ ~ ~~ ~~~ ~ f~ `~ ~ ~" ~ ~ zap ~\ , _,~ ~~ ~ .5~ ~. q~ sari ~ . ~ ~„~ ~n+as ~~~, ~ BURT ~ 7 ~ ~~ ~ ~ ~~ ~, ~~' 4 31${VIC~ ~ ~~ //~ Jp~ Q~~~~~ ~ ZON@TGr ~~ ~: {t ~, -~~~ ~ ~ .- ~r~r~ .-_-- ~~~K IRI„pyD TREET S ,l'' Conditiianal Uae Permit Site Plan for ~ Cavanaugh S~aUCivic Hall ° g~LCC isnisHSS,e~,~a~i4 s~ i~wor ,~ Exhibit A 7. Cavanaugh Design Collage THE CAVEN HOME CIVIC/SOCIAL HALL AND ARCHITECTURAL Exhibit A INSPIRATION FOR CAVANAUGH COMMERCIAL PROPERTIES Exhibit A Exhibit A RESIDENTIAL PROPERTIES • LANDSCAPING Exhibit A L J 8. Design Features Design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines: 1. The play of lightlshade using cantilevers, overhangs, balconies, and pergolas. Consider the imagery cast by shadows; 2. Basic geometric masses horizontal in perspective or features that are horizontal in aspect; 3. A variety of texture in massive planes; 4. Low pitched roofs with large overhangs and intersecting roof planes; 5. Repeating patterns in beam work and materials; 6. Integration of interior and exterior spaces through the use of: skylights, captured views, atriums, exterior materials visually continuing to interior spaces, transparent walls to patio areas, expansive glass; 7. Architecture designed around specific captured views; 8. Transom windows at the ceiling line bringing in generous amounts of natural light; 9. Shadow walls designed to screen windows, and windows recessed into the building envelope. The majority of the windows are facing north to ma imi~e energy efficiency; 10. Mature landscaping strategically placed to provide shade, privacy, and beauty; 11. Porte cocheres; 12. Exterior spaces that blend with the site and surrounding architecture; 13. Joints that appear disconnected by a gap that casts shadow (floating ceilings); 14. Massive structural components; 15. Stone walls at the Caven home use Trail Creek stone. The natural stone is used as a structural component applied with minimal or no grout lines. In Cavanaugh, stone must have a structural appearance and not a veneer look. Stone is not permitted to terminate at an outer corner, but must wrap around and continue to a point of intersection at an inside corner; 16. Materials are true to their nature. Exposed timbers are weathered and stained to enhance the natural tones of the wood. Stone appears structural; 17. Exposed aggregate concrete provides a variety of texture; 18. A modern mix of colors; finished industrial products may use bright colors in contrast to natural materials in subtle earth tones; 19. Exposed redwood timber in a smooth finish; 20. Smooth finished stucco; and 21. Copper edging, caps, and accents. Exhibit A 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments Plat Roofs with Paeapets and Low Sloped Roofs with Architeetura! Grade Composition Shingles Heave Woad Pergolas Horizontal and Vertical Wood Siding in CambinaHon with Stucco Wall Pinner Cavanaugh Lofts ConrnpWal Elevation AAetal Clad Windows and Patio Doors Low Sloped Roofs with Architectural Grade Composition Shingles Heavy Wood Faseias Horizontal and Vertical Wood Siding in Combinaticm with Stueeo Wail Planes .' Cavanaugh Condominiums Coneeptoal Elevation Stone Accents Metal Ctad Windows and Patio Doors Offset Wail Planes far Visual Relief and Shadow Pagerns Exhibit A Offset Wall Plai-es for Visual Rellef and Shadow Patterns Low Sioped Roofs with Architectural Crade Compa&ition Shingles Heavy Wood Fascias and Trim Horizoatai and Vertieal Wood Siding in Combination with Stuera {Nall Planes Cavanaugh Apartments Conceptual filevation 4,1e-C~ ~r~. Sterne Aecenta Earthtone Windows and patio Doore ~Hset Wall Planes far Visual Relief and Shadow patterns Exhibit A 10. Requested Development Agreement Modifications Kastera proposes the following modifications: (Staff s comments in bold/red italics) DEVELOPMENT AGREEMENT MODIFICATIONS PARTIES: 1. Agency = City of Meridian 2. Owner = DBSI Tanana Vallev LLC 3. Developer- €est Kastera Development LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~~ _ day of 20067, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", west Kastera Development, LLC, whose address is "''4'"`T. T,..e°-'°~ D'°~°, ~e-I82 15711 State Hi hway 55, Oa~~ Boise, Idaho 83714, hereinafter called "Developer", and ~~ DBSI Tanana Vallev LLC, whose address is ^^Q"`T. T'"°~ae.. ~,°~~, ~~® ~ ^~ 15711 State Highway 55, Oa~e,~y Boise, 83714, hereinafter called "OWNER". DBSI Tanana Valley LLC as "Owner" and Kastera Development LLC as "Developer", agree to be bound by the terms of the original Development Agreement (instrument # 106151214), approved on September 21, 2006 on the land described in Exhibit "A", (the "Original Development Agreement") except for the wording as specifically contained within items: 1.4; 3.2; 3.3; 3.4; 4.1; 5.1.6; 5.1.7; 5.1.11; 5.1.15; 5.1.16 and 16. 1.4 -That item 1.4 of the Original Development Agreement be amended by modifying the sentence to read: "WHEREAS, "Developer" has submitted an application for a~e~, an~¢g' Conditional Use Permit and rezoning of ortions of the "Property's "described in Exhibitz4 B and has requested a designation of,'.". ~' '~ -"°••~ "~•~°=~•• D.,..;a..•-~:..' n' ; ~rar ni ~:.,.a:.;...,.,.r rr ;..t,t,.,. ~...,.~ n..:a _.• ~ n• . ~ (~ C) Traditional Neighborhood Commercial District. and (C-1~ Neighborhood Business District (Municipal Code of the City of Meridian); and " 3.2 -That item 3.2 of the Original Development Agreement, be amended by modifying the sentence to read: "DEVELOPER ": means and refers to vest Kastera Development LLC whose address is 44Sn,'. Dres~21'-~ee~te~ ^z 15711 State Highwav SS, f'~•~R~ ~~ Boise. Idaho 83714, the party developing said "Property "and shall include any subsequent developer(s) of the "Property ". 3.3 -That Item 3.3 of the Original Development Agreement, be amended by modifying the sentence to read: "OWNER": means and refers to DBSI Tanana Vallev LLC whose address is 94S~L~esde: D~te~z 15711 State Hi~hway SS. ~ qty Boise. Idaho 83714, the party that owns said "Property "and shall include any subsequent owner(s) of the "Property ". 3.4 -That item 3.4 of the Original Development Agreement, be amended by modifying the sentence to read: "PROPERTY": means and refers to that certain parcel(s) of "Property " located in the County ofAda, City of Meridian as described in Exhibit A describing all the parcels to be annexed and zoned D Q ~'~ a:°••~- n„•~..:.,. D-•~:a~•-,:~~ n; ' +~ ~ i `'%'wwi''~'""""'~'"''~•'~'~~a D~°~`'~••~'~~"'' '', including the parcel described in ExhibitB to be rezoned TN-C (Traditional Neighborhood Commercial) and the two parcels described Exhibit A ~ ~ in Exhibit C to be rezoned a~td C-N (Neighborhood Business District), such exhibits being attached hereto and by this reference incorporated herein as ifsetforth at length. " 4.1 -That item 4.1 of the Original Development Agreement, be amended by modifying the sentence to read: "Application for a Certificate of Zoning Compliance shall be submitted to the City ofMeridian prior to a future development to the C-Nand TN-Czones and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this A~ application. " 5.1.6 -That item 5.1.6 of the Original Development Agreement, be amended by modifying the sentence to read: "That future uses within the TN-C and C-Nareas will comply with the schedule of use for the TN-C and C-Nzone in effect at the time of building permit submittal; that a retail Qrocery store shall be allowed in the C-Nzoned property at the west end o~ neighborhood center: that prior to issuance of any building permit within the TN-C and C-N zoning area, a re-subdivision of the TN-C or C-N lot be recorded, and that with the re- subdivision application, the applicant agrees to submit elevations for approval by the City Council; and that the construction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Council approved pictures/elevations. " 5.1.7 -That Item 5.1.7 of the Original Development Agreement, be amended by modifying the sentence to read. "That the applicant agrees to bu er the TN-C and C-Nareas where It tie abuts residential zoning_ as shown on the modi ed Preliminary Plat which is Exhibit D attached hereto and by this reference into orated herein as if set forth at length. " 5.1.11 -That Item 5.1.11 of the Original Development Agreement, be amended by modifying the sentence to read: "That public street access will be allowed to Victory Road, as approved by ACfID; direct residential or individual commercial lot access to Victory Road shall be prohibited. " 5.1.14 -That Item 5.1.14 of the Original Development Agreement, be amended by modifying the sentence to read: "That a maximum of 548 detached and attached residential units siregle- fa~n~ly-lets shall be platted on this Property. Single family detached lots. single amily attached units, workforce housing`partments lofts and affordable housing units shall be allowed on this Property as shown on Exhibit E attached hereto and b this Ye erence incorporated herein as i set forth at length which is a summary table of all residential living units at Cavanaugh. " Staff comments: The proposed number of residential units (548) is not accurate; it reflects units instead of lots (units are not platted). Staff proposes the following changes to 5.1.14 instead: "That a maximum of 348 443 single family residential lots, Imulti-family residential lotto contain up to 32 apartment units. 8 residential lots to contain up to a total of 61 future condominium units. and 4 mixed-use lots consistins of commerciaUretail on the first floor with l2 residential lofts on the second floor shall be platted on this property. A summary table is shown in Exhibit E attached hereto which is a summary of all residential living units at Cavanaugh. " Exhibit A 5.1.15 -That Item 5.1.15 of the Original Development Agreement, be amended by modifying the sentence to read: "That the applicant agrees to provide commercial design, building massing and construction materials for this development as proposed during the Kastera DevelopmentpublicheariHgs c;~ ~'•• ~ ~ ~nn~ ..-.a ,t,,,...,,,, p ~nn~ » 5.1.16 -That the following be added as a new Item 5.1.16 to the Development Agreement: "Attached hereto as Exhibit F and b this reference incorporated herein as if set orth at length, is the Developers proposed Phasing Plan for the Property The City is aware that Owner is lapping to transfer ownershi~of the property that makes up Phases 4 - 8 of the subdivision to another legal entity or entities. Both Owner and Developer acknowledge and understand that a conveyance of~roperty that has not been legally subdivided will reguire before a building Hermit can be obtained to make improvements to the property so conveyed a re-assembly ofthe parcels as they existed before they were conveyed or obtainment offinal plat approval for anv parcel so conveyed consistent with the terms of this Development Agreement and the preliminary plat The property so conveyed and the owner or owners of such conveyed property shall be bound by the terms of this Development Agreement Owner agrees to retain ownership of the Caven home (Lot 1 Block 34) and will not convey the home as part of anv transfer of Phases 4 - 8 of the subdivision " 16 -That Item 16 of the Original Development Agreement be amended by modifying the mailing address of the Developer and Owner to read: DEVELOPER: west Kastera Development LLC Attn: Var Reeve 4~18;~~1~es};ise~te~~ 15711 State Highway 55 ~y Boise, Idaho 83714 OWNER: 11~;a~-Oe}ds DBSI Tanana Valley LLC Attn: Var Reeve n n o~ rr r~,.e~a~., nt..,.e s,+.. t n~ 15711 State Highway 55 ~~~~y Boise, Idaho 83714 SEE ATTACHED E~~ITS ON FOLLOWING PAGES: Exhibit A =Legal description of entire Cavanaugh property. (See annexation legal description for Tanana Palley in original DA) Exhibit B =Legal description of the parcel to be rezoned TN-C Traditional Neighborhood Commercial. (Included in Exhibit C of this report) Exhibit C =Legal description of the two parcels to be rezoned C N Neighborhood Business District. (Included in Exhibit C of this report) Exhibit D =Modified Preliminary Plat of entire Cavanaugh property. (Included as Exhibit A.3 in this report) Exhibit E =Summary table of all residential living units at Cavanaugh. (See table below) Exhibit F =Proposed Phasing Plan for Cavanaugh. (Included as ExhibitA.4 in this report) Exhibit A Exhibit E = Summary Table of all Residential Living Units at Cavanaugh. Category of Living Units at Cavanaugh Total Number of Dwellin Units Single Famil Detached Residential 365 Single Family Attached Residential*** '7g Loft Living above Neighborhood Retail 12 Condominium Living in attached residential structures 61 A artment Living in attached residential structures 32 TOTAL UNITS 548 *** Note: Attached living units within the TN-R zone may or may not be attached; pending market demand and market conditions...therefore increasing the number of detached living units accordingly (1:1 ratio). Exhibit A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on July 6, 2007 by Gregory Holkesvig, PLS) included as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by J-U-B Engineers, dated November 8, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07- 014), Conditional Use Permit (CUP-07-017) and any applicable provisions of the previously approved annexation (AZ-06-015) applications shall also be considered conditions of the preliminary plat. 1.2.2 The preliminary plat prepared by J-U-B Engineers, dated November 7, 2007, shall be revised as follows: a. A 25-foot wide street buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision shall be placed in a common lot, maintained by the homeowners' association. b. A 20-foot wide street buffer(s) shall be provided along the S. Standing Timber Way, a collector street and all other streets classified as collectors including the future extension of Harris Street. The buffer along Hams Street shall extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision shall be placed in a common lot, maintained by the homeowners' association. 1.2.3 The Applicant shall close and/or incorporate Rumpel Lane into a new public street (the extension of Harris Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 36-foot street section. Harris Street shall extend from the intersection of Meridian Road to the intersection of the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision; revise plat accordingly. 1.2.4 Extend the four public stub streets provided to this property from adjacent approved developments as proposed. 1.2.5 Construct a stub street to the out-parcel on S. Meridian Road, and to the out-parcel on Victory Road as proposed. 1.2.6 The site/landscape plan prepared by Breckon Land Design on November 5, 2007, is approved with the following modifications/notes: a. Construct a minimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot and the deceleration lane west of Standing Timber Way), exclusive of ACHD right-of--way. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers Along Streets. Exhibit B b. Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, and all other streets classified as collectors within the development. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. The buffer along Harris Street shall extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. c. Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C- N zoned portion of the development in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Parking stalls shall not encroach into the required buffer area. d. Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. e. A berm or berm/wall combination is required to be constructed within the buffer along SH 69 a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standards listed in UDC 11-3H-4D, Noise Abatement for Residential Uses along State Highways. The Applicant may work with Staff to provide Alternative Compliance for this requirement adiacent to the residential portion of the development. f. UDC 11-3B-12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 5-foot wide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' linear feet and shrubs, lawn, or other vegetative ground cover. (The landscape plan depicts "existing trees" on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with UDC 11-3B-12. Also, several of the micro paths do not contain the required number of trees.) g. 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. Submit a plan with the final plat application. Mitigation shall be provided for all existing trees 4-inch caliper or greater that are removed from the site in accordance with the standards listed in UDC 11-3B-1OC.5. h. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.7 The Applicant is required to provide a minimum of 27.6 acres (15.6%) open space as shown on the plan. Site amenities shall be provided on the site as shown on the site/landscape plan. All amenities and open space within each phase shall be installed prior to occupancy. 1.2.8 Per UDC 11-3H-4C.4, construct a 10-foot wide detached pathway along S. Meridian Road within the right-of--way or a public pedestrian easement. 1.2.9 A 10-foot wide multi-use pathway shall be constructed along the south side of the Ridenbaugh Canal as depicted on the landscape plan and the Future Land Use Map. Exhibit B 1.2.10 An 8-foot wide pathway shall be constructed along the north side of the Ridenbaugh Canal as depicted on the landscape plan. 1.2.11 Per UDC 11-11-3G-3B.5, the Applicant shall construct 8-foot wide parkways within the development in order to count toward open space requirements. If 6-foot wide parkways are constructed as proposed on the plat, the Applicant shall comply with the standards relating to root barriers in UDC 11-3A-17E. 1.2.12 All future commercial structures proposed within the development that are located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. The Design Review application maybe submitted with the CZC application. 1.2.13 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially comply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the architectural standards listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building (grocery store) shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial structures located along entryway corridors. 1.2.14 A note prohibiting direct access to E. Victory Road, except for the access points approved with this application, shall be added to the final plat. 1.2.15 A note prohibiting direct access to SH 69/S. Meridian Road, except for the access points approved with this application, shall be added to the final plat. 1.2.16 The alley proposed to be constructed between Blocks 26 & 27, and Blocks 24 & 25 in the TN-C portion of the development, shall be constructed in accordance with the standards listed in UDC 11-6C-5. 1.2.17 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.18 Permanent perimeter fencing shall be constructed on the site as depicted on the landscape plan in conformance with the standards listed in UDC 11-3A-7. 1.2.19 UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 exceeds the maximum block length allowed without a pedestrian connection. Provide amicro-pathway from the Hams Street sidewalk to the sidewalk on E. Frank Lloyd Street. 1.2.20 If permanent perimeter fencing is not provided along the boundaries of the site, temporary fencing to contain debris during construction shall be installed prior to release of building permits. 1.2.21 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.22 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal and natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled except when used as a water amenity or linear open space. 1.2.23 Pertaining to condition #7.1.19 below, the owner of Lot 24. Block 15 shall construct a public street in alignment with Mesa Wav on the north side of Victory Road. 1.2.24 Citv Cotnci annroved th_e cecond access point to the site from Victory Rnad located between Standing Timher Wav and . F,n er Wav as a right-in only with a deceleration Iall@.. - Exhibit B 1.3 CONDITIONAL USE PERMIT -SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site plan, attached in Exhibit A.6 of this report is approved with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-014) and Preliminary Plat (PP-07-015) and any applicable provisions from the previously approved annexation (AZ-06-015) applications shall also be considered conditions of the conditional use permit. 1.3.2 The existing Caven home located on the proposed Lot 1, Block 34, is allowed to operate as a civic/social hall as requested by the Applicant for uce by the neighborhood and nmm~,njty shall be owned and managed by Ka ra evelonment 1.3.3 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-7, which state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. 1.3.4 A Certificate of Zoning Compliance application is required to be submitted to the Planning Department and approved for the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. 1.4 DEVELOPMENT AGREEMENT MODIFICATION 1.4.1 The previously approved Development Agreement (Instrument #106151214) shall be revised per the changes noted in Exhibit A.9 of this report. Said Development Agreement shall be signed within 6 months of City Council approval of this application. Contact Bill Nary, 898-5506, to initiate the drafting of the development agreement modification. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be via extension of main in Meridian Road the Black Cat trunk. The applicant will be responsible to install a portion of the Black Cat trunk along their frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. Also the applicant will need to submit plans to decommission the private lift station that flows to observation point. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall 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 the existing mains in E Victory Road, and S. Meridian Road. Due to fire flow requirements the applicant shall be responsible to install multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There maybe a need to route a main line trunk through this project. Prior to the construction plan approval the applicant's engineer shall meet with Public Works to coordinate this routing in the construction plans. 2.4 Sanitary sewer service to this project will be from the Black Cat Sewer trunk that is currently being installed. Portions of the downstream trunk are being installed by developers of projects Exhibit B along its route; other segments aze to be installed by the City of Meridian therefore the City of Meridian does not guarantee to the timeline for sewer service being available as established in the UDC. 2.5 The applicant shall be required to install a flushing station along the Ridenbaugh Canal, design and location to be coordinated with the Public Works Department. 2.6 Due to existing topography, this development will have two sepazate water pressure zones. The applicant shall be required to install pressure reducing vaults to ensure the separation between the two zones is not compromised. 2.7 A portion of this development is serviceable by the existing pressure zone; however the remainder of the property cannot be served by municipal water until two sources for the new zone aze established. The first source would be from a well lot which the developer would donate to the City of Meridian or a connection to the high zone being established in the development to the south. The second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with the Public Works Department regazding this condition and it may be waive if the two sources of subsequent development warrants it. 2.8 Any potential water or sewer line reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.9 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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 azeas prior to signature on the final plat by the City Engineer. 2.11 If "stair step" grading of lots is constructed then the side lot lines shall be laid out as to allow for the sloped portion of the lot to be owned by the lower lot. 2.12 Any retaining walls greater than three-feet in height shall be engineered. 2.13 All existing structures not meeting setbacks or dimensional standazds in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.16 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.17 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall Exhibit B 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. 2.18 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. 2.19 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. 2.20 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. 2.21 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.22 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. 2.23 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.24 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.26 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. 2.27 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. 2.28 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" 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. Exhibit B 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 around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 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 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 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. 3.9 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. 3.10 The proposed multi-family lot has an estimated 105 units. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The 13 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 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. 3.16 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 Exhibit B 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). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 There shall be a fire hydrant within 100' of all fire department connections. 3.19 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.20 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. 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi-Family and Commercial projects shall be required to provide additiona160" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 Residential units proposed over commercial uses will be required to be fire sprinklered per NFPA 13 standard. 3.24 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should be allowed to/from the school site. 4. POLICE DEPARTMENT 4.1 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should be allowed to/from the school site. 5. PARKS DEPARTMENT 5.1 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.2 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 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. Exhibit B 6. SANITARY SERVICE COMPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 7. ADA COi1NTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1.1 The City of Meridian, the applicant and ITD should work together to determine if additional right-of--way or improvements are necessary on Meridian Road (SH 69). 7.1.2 Dedicate a total of 48-feet (or 38-feet with the sidewalk in an easement) ofright-of--way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way. 7.1.3 Construct a 5-foot detached concrete sidewalk abutting the site on Victory Road located a minimum of 41-feet from the centerline of the roadway. If any portion of the sidewalk is located outside the public right-of--way, the applicant shall provide the District with an easement. 7.1.4 The District recommends that the applicant construct a 5-foot concrete sidewalk across the two out-parcels along Victory Road on either side of the proposed school site. This sidewalk should either be constructed within the existing right-of--way or within an easement provided by the property owners. (The City of Meridian is not requiring a sidewalk across the Grange Hall property but recommends that the Applicant work with the Grange and the developer to the east to install a sidewalk across the Grange property 7.1.5 Construct an eastbound right turn lane and a westbound left turn lane on Victory Road into the site at the intersection with Standing Timber Way. Dedicate the additional right-of--way necessary for the turn lanes without compensation. The widening of Victory Road for the auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance road. If the bridge widening is necessary to construct the pavement tapers required for the turn lanes the applicant shall be required to design and construct the bridge widening at that time. 7.1.6 Construct a commercial entry road to intersect Victory Road, S. Enter Way, located approximately 670-feet east of Meridian Road. The roadway shall be constructed as a 40-foot street section with vertical curb, gutter, and sidewalk within 54-feet ofright-of--way. S. Enter Way is required to align centerline to centerline with Emerson Street on the north side of Victory Road. 7.1.7 Construct the internal commercial roadways identified below, as proposed. a. S. Entry Way, E. View Water St, and S. Thisa Way, and E. Boardwalk Row between Thisa Way and Standing Timber Way are proposed to be constructed as a 46-foot street section with vertical curb, gutter, and 5-foot attached sidewalk within 54-feet of right-of--way. b. E. Summer Walk Way, is proposed to be constructed a 36-foot street section with vertical curb, gutter, and 5-foot attached sidewalk within 50-feet ofright-of--way. Exhibit B c. E. Boardwalk Row from S. Enter Way east approximately 250-feet is proposed to be constructed with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter and concrete sidewalk within 75-feet of right-of--way. d. E. Boardwalk Row from S. Thisa Way west approximately 180-feet is proposed to be construct with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter, and concrete sidewalk within 75-feet ofright-of--way. Construct the remainder of E. Boardwalk Row with diagonal parking or with no on street parking in that location. 7.1.8 Construct one right-in ONLY driveway located approximately 1,250-feet east of Meridian Road. Coordinate the exact location, design, and signage with District Traffic Services staff. 7.1.9 Construct the commercial driveway located of offthe commercial entry road (S. Enter Way) no closer than 50-feet from Victory Road. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. Commercial driveways are restricted to a width of 36-feet. 7.1.10 Construct the entrance road, Standing Timber Way (intersecting Victory) as a residential collector with vertical curb, gutter, and 5-foot concrete sidewalk, from its intersection with Victory through the site to the south property line crossing the Ridenbaugh Canal. The street should be constructed as a boulevard style with a 27-foot wide islands and 21-foot street sections on each side of the island. The center islands shall be owned and maintained by the homeowner's association. if any portion of the sidewalk is located outside of the public right-of--way, the applicant will be required to provide an easement. The applicant shall re-design the center island (to be no wider than 12-feet) at the intersection of Standing Timber Way & Victory to allow for simultaneous left and right turns (eastbound and westbound) on Standing Timber Way. 7.1.11 Construct Harris Street, the entrance street intersecting Meridian Road at the half-mile, as a standard residential collector with a 36-foot street section (vertical curb, gutter, and 5-foot concrete sidewalk on the north side of the road and a gravel shoulder and barrow ditch on the south.) from its intersection with Meridian Road to its intersection with the stub street being extended from Reflection Ridge 7.1.12 Provide a road trust deposit with the District for one-half of the cost for the design and construction of the signal for the intersection of Harris Street and Meridian Road (SH 69). When the property on the west side of Meridian Road develops, the road trust deposit funds can be utilized to construct the signal at that time OR at the time when ITD approves a signal in that location. Design Harris Street to accommodate a future signal at the intersection with Meridian Road. 7.1.13 District staff recommends that the private lane, Rumpel Lane, be closed and/or incorporated into the new public street, Harris Street, and that all access be taken to the new public street. The City of Meridian and ITD should coordinate on the future closure of this roadway to ensure that only one street intersects Meridian Road at the half-mile. 7.1.14 Construct the internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot detached concrete sidewalks within 50-feet ofright-of--way. Receive written approval from the Meridian Fire Department for the reduced street section OR construct the streets as standard 36- foot street sections.. (The City of Meridian recommends thatACgD review the nossibili of usins a vertical curb in lieu of rolled curb.) 7.1.15 Construct two 20-foot wide alleys in Block 21 & 22, and two 16-foot alleys in Block 26 & 27 and Blocks 24 & 25, as proposed. The alleys shall comply with the following policies: Exhibit B • Minimum right-of--way width is to be 16-feet. • Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • An access to an alley shall be located a minimum of 25-feet from the nearest public street. • A minimum ofback-of--curb radius of 15-feet is required at all alley intersections. 7.1.16 Extend a stub street from the east and from the south from within Tuscany Village Subdivision. 7.1.17 Extend a stub street from the east within Reflection Ridge Subdivision. 7.1.18 Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a sign at the terminus of the roadways stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If the stub streets are greater than 150-feet in length, provide a temporary turnaround at the terminus of the roadways. 7.1.19 Construct a public street in alignment with Mesa Way on the north side of Victory Road. Mesa Way south of Victory Road will be required to be constructed in alignment with Mesa Way (centerline to centerline) on the north side of Victory Road. This roadway will be required to be constructed as one-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk on the west side, a minimum of 24-feet of pavement, and a 3-foot gravel shoulder and adequately sized barrow ditch on the east side of the roadway. This road will be required to be within a minimum 40-feet ofright-of--way. If an alignment with Mesa Way cannot be achieved , the applicant should re-design this portion of the site to provide another local street access for the school site. (The City ofMeridian is requiring the owner ofLnt 24, Block IS to construct this public street -see condition of approval #1.2.23 above,) 7.1.20 Submit the bridge plans for the crossing of the Ridenbaugh Canal (Standing Timber Way) for review and approval prior to the pre-construction meeting and plat approval. 7.1.21 Other than the access specifically approved with this application, direct lot access to Victory and Meridian Road is prohibited and shall be noted on the final plat. 7.1.22 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 Exhibit B applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 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. 8.3 Run-off is not to create amosquito-breeding problem. Exhibit B C. 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C0 L SITE ~~ ~ !l~ST 'tit porttts-~ ~# dig w~'t Y+~ r~# ~ 30, Y4vr ~ Rtcrt~, ~ 1 Ems, ~+#~ ~iatnt Ads A' m~s~ ~~ ~ ~ f~ttt~wvs: ~Gvra~me zit tine cc-~er cif 5~~ 30 h~ w#~r~t ttie ~t ~ ~trter ~f sa~~l S~#f~rn 3t~ ~`4 2,1.E fti, tt~ along t~~ttEteriy bury tiny ~tf Na ttaw '~~."~?" - 'f,~#a38 fit the iRG; e~tring along ~~f ~ 89'4s`~'' fast, :f3S.45 feat; Svcs t~Q®~~'~1" Easta 3~~1.~ f ~~ arfl a ~+,r~ tai ttt~ rCg~'t 2br6,2S feet, h~vi~,s fat{iv~ ~ 39~, 5Ei feet, a d~tf~ sit' ~48°t~z'St~, ~ long ~icnrd w'h #~ars :fit 23'4' West, Z5~,~~fe; t~'orttt "• i~3'45~ W~sk, 53.5 few; ~ a e ~ ~ left a ~.~©feet, havh~g ~ radlaa ~ ~4~.+4o fit, a delta of 5i `21'~4'b and a t~ hd a3°3g° lptrs~st,, 477.9 feet; Rrepnred by: J-~~ ~iGl d ~. ;, '~~?~~ ~~lV ~ w~S ~~ ~~ Cs~t~i:iife H:'# ~ it85~'8 '€Ub11Q-Q~rC~+l~~{,p~~~30 SnattgDl Ctamm~t~ial 5.~1 std+Dc Exhibit D '.Il 4A ~~ a Z4gp~ E V~tT R4MJ 18 ® ~~ ~ N SCALEc 1"~20®' ~~~,~~~~ ~~a~~ W nC~kC~ ~€~T CURVE TABLE "" ~• e~ Q`)~ LEGEfVD ~ ~~ ~~~~ ~ i ~~ ~~ ~, Exhibit D f~rojeQ: t0-tffi•07A Hate: .a1Ey S. 2007 pA1tCE1, 0ESt3itis1lQN CAVM'JgtIGN t~9ME~pt. S1TE ZOI~ TNC may, IdaEm, mal~rntABPiA~ Y~ 6f 58Ctlart 3E1, TciAglSis~ 3 NitttJt. age 1 Eat, ~Q15e t~rtdlen, Ad8 pY desaaibeai as foiinwa; Caaruareracltig~atNOrdllrest ccrisai' of Section 30 invn whidl ttir North Y. owner d std Section 30 Z,45p.83 reel, ti'reaue atm~ q>•ae HarOt~ ry ttrae of the ~ North 89'42'04° East, 731.1 feet to t1ro PO1NT OF SEGSVP~IG; NQrfAsvegt J. them ~ a~iig sold Uase. North 89'421J9° Ease, 619.88 feet; thence Saratth 00' 97'9S' East, 57.42 feet; thence ahusg a aiirve to the left 168.41 feet, hsvtng $ radius of '• 290.00 feet, a delta of 48.2324°, a~ a ~ chard whtdl restore SaaJtli 24'28'57' Essp,183.44 ft~; Sautli 48'4Q'39` Esast,133.7Z feet; theme South 03°40`39` East, 977.40 feet; theatre Nwcta 66°14'29' East, 56.47 feet; thent~ alatag a curve to die right 179.30 feet, having a radios of 20D.~ feet, a delta of 51'21"54', grad a ~ chord width Ltears Soutlt bT 59'42° East, 173.35 feet; theme 5art1t 42' 18'45' East, 93.55 fees? these along a rreei tangent ears to she rigiat 61.25 Beet, havtsag ~ iss atf 397.50 feat, a delta of 09°9455°, and a lptrg cftard yvhtdt hears South 52'2226 ~~ 51 ~ thence Saiutll 57'4328' lsJest, 46.19 feet; [ cha 47 q~~ , wig a rates of bSa.50 nit, s+ r~ita of 99•sa'04'. ansi a WissG 235.87 f~ theraw South 35'4327° West, 50.W feet; theirce slang a curve to the left 173.x/ feet, havfiig a radials of 530,56 feet, a delta of 18.4434', said a lws8 eiawd Which resets South 26'29'tG West,172.74 Peat; ehence 5tauth 14'0430° Walt, 7.82 test to the Northerly right-of-way of fhe R' idenbastgh Canal: Cheraw along std rlghtwt-wey North 70.5518° Mlest, 782.81 fleet; thence North 19'0444' Ease, 43.E feet; tlaesice alos~ a can tangent rive to the right 103.8-0 feat, havhag a radus of 1,00 f~, a delta of 60'3827', and a long chard whirls t1~9B Nmth 11' 1424° West, 140.97 feat; thence Nargi f 9.0430" Exist, 123.3$ feet; tit@rti+6 elo+a8 a caeve to the amt 1aD,73 tee, Itavtrtg a rddHp of 298.00 feet,. a delta of 19.2TOq', ertd a tong rdrmrd wdaach beers itatlh e9.23'47° East, 100.26 few; usenc8 Karat ~°17'15' West, 3&i.10 fCet to tte3 ('DINT' Of aEGttiNiP~. tontaltdiag 16.489 even, mare a leas. ReV1~7~ et' ~~p1AN palaLfC 9rapi~ OEPi•. Exhibit D i ! ~~ CURVE TABLE ~ a ~1 ` _~~~ ~~ ~ ~ e~on'~1 ~aer~t 85-7 .df•lt•' ~ LEGENQero..~ ' ~s s ~ ~~ e ~ {~ ~u~ , ~~ Exhibit D ~t~~~eet: '~ '"~ ~~ duty 5, ~ ~` ~ I~6~ ~®t~ C~+14'k~p' ` taf tsar ~~ - 3~~ ~' 3 d-~t~a, R~g~ ~ r gut ~~ ~~ ~. 'tom ~f 3ti ~`e~rri +~f ch ~r ~ ~ ~f ~ ~ ~~ ~~s Rfr~#r 8R'~9" 2,4~.t33 f t ht~y~ ~u~tlly l ~$ t 1~ !~ wee Wirth 9`'d~9'" , ~9.~44 ~; 5c~t~t °9"73" 6.11 ~~ ~atb~ ~ ct~nr~- rn ~ 7~t7.~`3 9t~ hav~i ~ of 29~r~ ft~ ~ c~~lL~ of 19'~2'~i", t ~ ~'~d~ ~ 3°i5t~'~A-~a 1?.3.~~ feet, ~, ct~ ~ ~ 9t~5,+~4 f~.p ~ tadicts ~ 1ttfl.Otf ~~ ~ dew cif '3~'"'~ ~ a +~~ t ~ 7fi`i~'~3" ~„ 4~t1.97' feet; ~e ~txa~ #!~~~.~„ Y1, ~13.~Q fit #~t ~ic+r~t~s -~~-'t~9~ ~ d?~ C1; ~ ~~ ~~ ~~`i~~f- fa~1t~ 3 eau $_~6'i , ire ~ lam. ~r J-t1g~ i , Irt~. . i~t~C+~, ~.t„5, ~4 ~~t~a~ry R~~LC ~~~~~~~, ~: ~r.~d-~ - ~ seta-tr~•~ tt~'~` ~ ~ s Exhibit D 23 19 ~. VlCiURY RGAD t! LEGEND CURVE TABLE a~ , e~tss cue ago a a~ac - -~ ~,~. ---- ~U~ -cAVarraucr~ ~~ea uu. sire Exhibit D ',~ • D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone a portion of the subject property to C-N and TN-C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the C-N and TN-C districts, which provides for the retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. (See Section 10 of this report for more information.) c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this 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 should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This fording is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. A CUP is requested for the conversion of an existing home to a civic/social hall for the benefit of the neighborhood and community. The City Council finds that the site/landscape plan submitted with this application and the conditions of approval in Exhibit B, the site is large enough to accommodate the proposed use and meet all other dimensional and development regulations of the R-8 district. Exhibit D b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use of the property as a civic/social hall complies with the objectives of the Comprehensive Plan and the requirements in the UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed use of the property should be compatible with adjacent proposed residential uses in the general area and will not adversely change the character of the area, if the conditions are adhered to. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the proposed use of the property will be served adequately with essential public facilities and services. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains necessary to serve this property. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed use of the property will not result in the destruction, loss or damage of any natural feature(s) of major importance. In fact, the proposed use of the property will preserve a unique structure that can be used and enjoyed by the neighborhood and community as a whole. Staff recommends that the Commission and Council reference Exhibit D • any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are currently available and will be extended to the property at the developer's expense. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD 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. Exhibit D f. The development preserves significant natural, scenic or historic features. Except for the Caven home, which is proposed to be retained as a civic/social hall and the Ridenbaugh Canal, which is to remain open, Staff is unaware of any natural, scenic, or historic features on this site. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D January 18, 2008 CUP 07-017 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Kastera Development, LLC ITEM NO. 5-~ REQUEST Endings for Approval -Request for a Conditional Use Permit approval to convert the existing Caven home into acivic /social hall in an R-8 zone for Cavanaugh -southeast comer of S. Meridian Road & East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings ~~ ~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~. CITY OF MERIDIAN (~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND 0 6 A ii ~ DECISION & ORDER In the Matter of Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) Zoning Districts; Preliminary Plat of 517 Lots [consisting of 443 single family residential building lots; 1 multi family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future%onceptual condo units; 4 mixed use lots consisting of commercial-retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, l school building Zot,1 civic/social hall lot, 47 common lots, and 3 other (parking lots) on 177.43 Acres in the C-N, TN-C, TN-R, & R 8 Zoning Districts; Conditional Use Permit to Convert the Ezisting Caven Home into aCivic/Social Hall in an R-8 Zone; and Development Agreement Modification to Address the New Neighborhood Center Plan and Conversion of the Ezisting Caven Home into a Civic/5ocial Hall, for Cavanaugh by Kastera Development, LLC. Case No(s). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 1 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall iie reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 8, 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 Rezone as evidenced by the legal descriptions, prepared by Gregory Holkesvig, dated July 6, 2007, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, prepared by J-U-B Engineers, dated 11/8/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; 3. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan, prepared by Kastera Development, dated 8/7/07, included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 2 _ i • 4. The applicant's Development Agreement Modification request included in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference, is hereby approved; and 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 8, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 _ 3 _ Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 - 4 - By action of the City Council at its regular meeting held on the 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~-~ G. BERG, JR., ~7i ~ day of VOTED_~~~~ VOTED_z%~~~ VOTED_ c/~~~ VOTED_ I~~~ VOTED ®~~10~ DE WEERD ~~~ ~~ ~' ~Or~O ~,~ `Y,, !i ~~ ~~ ~k!,,' - ~<-v::~~;~~ ,'~~0/llifl i81B1y1~~\ Copy served upon: / Applicant __~~lanning Department -~ublic Works Department ~-/ City Attorney By: Dated: Z~' C' lerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-014; PP-07-015; CUP-07-017; and MI-07-011 - 5 - • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT E IDIAN~~-- Hearing Date: January 8, 2008 s A H TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Cavanaugh • RZ-07-014 Rezone of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) (13.59 acres) and TN-C (Traditional Neighborhood Center) (16.49 acres) zoning districts PP-07-015 Preliminary Plat of 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaVfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial- retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in the C-N, TN-C, TN-R, & R-8 zoning districts • CUP-07-017 Conditional Use Permit to convert the existing Caven home into acivic/social hall, in an R-8 zone • MI-07-011 Development Agreement modification to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kastera Development, LLC, has applied for a Rezone (RZ) of 30.08 acres from R-8 (Medium Density Residential) to C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center) zoning districts. The portion proposed to be zoned C-N consists of 13.59 acres and the portion proposed to be zoned TN-C consists of 16.49 acres. Preliminary Plat (PP) approval is also requested for 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots]on 177.43 acres in C- N, TN-C, TN-R, & R-8 zoning districts. A Conditional Use Permit (CUP) is requested for approval to convert the existing Caven home on the proposed Lot 1, Block 34 into acivic/social hall, in an R-8 zone. A Development Agreement modification (MI) is requested to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. This property was annexed into the City in 2006 with R-8, TN-R, and C-N zoning and a preliminary plat was approved at the same time under the name of Tanana Valley. Since that time the property has been sold and purchased by a new owner and is now being developed by Kastera Development. A portion of this property, shown as phase 1 on the preliminary plat, received final plat (FP-07-014) approval in June, 2007 under the name of Cavanaugh Subdivision No. 1. This Cavanaugh RZ PP CUP MI PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 final plat contained 123 single-family building lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts. The subject property is located on the southeast corner of S. Meridian Road/SH 69 and E. Victory Road. The site consists of four tax parcels, one of which is currently addressed as 465 E. Victory Road. Currently, there is one existing single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) on this site that the Applicant is proposing to retain for acivic/social hall. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject applications (RZ, CUP, PP, & MI) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat, and Miscellaneous (Development Agreement modification) applications. Staff is recommending approval of the proposed Cavanaugh development (RZ-07-014, CUP-07-017, PP-07-015, & MI-07-011) with the conditions listed in Exhibit B of the Staff Report. (Note: The Commission is not required to make a recommendation to City Council on the Development Agreement Mod cation (Nll) application.) The Meridian Planning & Zoning Commission heard these items on November 15, 2007. At the public hearine they moved to recommend approval of the subiect CUP, PP. & MI reauest. a. Summary of Commission Public Hearing: i. In favor: Wayne Forrey. Kastera Development (Applicant): Ben Haueht, Kastera ii. In opposition: None iii. Commentine• None iv. Written testimony: None v. Staff presentine application: Sonya Wafters vi. Other staff commenting on application: Caleb Hood lI!a Key Issue(s) of Discussion by Commission: i. Proposed access points to/from Victory Road; ii. Allowance of Alternative Compliance for the berm requirement alone Meridian Road adjacent to the residential portion of the development: iii. Requirement of a sidewalk to be constructed by the Applicant along Victory Road across the Grange Hall property: iv. Rolled curb vs. vertical curb within the development. ~. Key Commission Change(s) to Staff Recommendation: i. Modify condition #1.2.6.e. to allow the applicant to work with Staff to provide Alternative Compliance for the berm/wall requirement alone SH 69 adiacent to the residential portion of the development; ii. Modify condition #7.1.4 to not reAUire a sidewalk across the Grange Hall property but recommend that the Applicant work with the Grange and the developer to the east to possibly install a sidewalk across the Grange property; iii. Modify condition #7.1.14 to recommend that ACRD review the possibility of using a vertical curb in lieu of rolled curb; iv. Pertainine to condition #7.1.19, require the owner of Lot 24, Block 15 to construct a public street in alignment with Mesa Wav on the north side of Victory Road. sl. Outstandine Issue(s) for City Council: Cavanaugh RZ PP CUP MI PAGE 2 ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 An inconsistency e~sts in the staff report between the Analysis (in Section 10, pace 13) and the Conditions of Approval listed in Ezhibit B. In the Analysis section. Staff is not supportive of the driveway/private right-in access point to the site from Victory Road between S. Standing Timber Wav and S. Enter Wav shown on the plat/site plan. However, Staff did not include a condition of approval to that effect in Ezhibit B. ACRD reviewed this access point and included a condition (#7.1.8) in Ezhibit B as follows. "Construct one right-in ONLY driveway located appro>amately 1,250-feet east of Meridian Road." Staff contacted ACRD re~ardins this condition and ACRD stated that they are agreeable either way if the access is approved by the City or not. The City Council should determine if this access point should be allowed. ff not. a condition of approval should be added in Ezhibit B prohibiting this access point. The M eridian Citv Co ~nc'1 heard thec items nn .Tannery R_ 2(IOR_ At the nnhlic he9r:ng the ounci annroved the ubiect 7._ PP. . TP. and MI reaue t R, ummary of itv o nc'1 Pub is Hea 'n : i. favor: Wayne Forrev & Craig K lchal~ Kac era Develonment (Ann icantl. Ben Haught ii. In onnosition: None iii. Cowmen 'ng: T'm Mu e 1 iv. Written testimony: None v. tall nresen 'ng ann ication: nna a nin vi. Other staff commenting on ann ication: oe 'lva ~_ ev Issues of Discussion by Council: i. he right-in access and deceleration lane nrono ed on Victory Road b twee tending Timb W d S E t W er av an . n er av: ii. he location of City well fac'lities on the drool ite be ind .ot 2 .Block 8 pertainin to c ~rit .c y: iii. a use of the e~sting Caven home as a community cen er owned and mans e by Kastera De l t f b hb i th i h d d ve onmen or use y e ne g or oo co mLn an ty: iv. _ e construction of a sidewalk across the outnarcel on Vic orv Road by Kact r evelonment di t t th h l it a acen o e sc oo s e: v. 'm u e 1 reaue ed that the future truc ire on .ot 7. Block 6 be imitp h i i ~_ e g t to a s ngle-story residence: Wayne Forrev agreed Kev Counc 1 Changes n 4taff/C'nmmicsinn R rnmm .ndatinn i. ouncil_ annroved the second acce noint to the ite from Vic ory Road loss e etween Standing Timber Wav and .Enter Wav ac a ri h -'n only with deceleration lane: ii. dude a note on the final nlat for the fu re tru re on .ot 37. Block 36 to be invited in height to a c'ngle- tore re idence with a ma 'm ~m boil in hei h o iii. be existing Caven home ha 1 be owned and mane ed by Ka era Develonmen for use as a community center by the neighborhood and community 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented in staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial Cavanaugh RZ PP CUP MI PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 014, CUP-07-017, and PP-07-015 as presented during the hearing on January 8, 2008, for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-014, CUP-07-017, and PP-07-015 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: The subject property is generally located on the southeast corner of S. Meridian Road1SH 69 and E. Victory Road and consists of Ada County Tax Parcel #'s 51130212450, 51130121110, S1130233725,and S1130234000 NW % of Section 30, Township 3 North, Range 1 East b. Owner: DBSI Tanana Valley, LLC 15711 State Highway 55 Boise, ID 83714 c. Applicant: Kastera Development, LLC 15711 State Highway 55 Boise, ID 83714 d. Representative: Wayne Forrey, Kastera Development e. Present Zoning: R-8 (Medium Density Residential), C-N (Neighborhood Business), & TN-R (Traditional Neighborhood Residential) f. Present Comprehensive Plan Designation: Medium Density Residential & Mixed Use- Neighborhood -Neighborhood Center g. Description of Applicant's Request: The Applicant is requesting approval of the following: • Rezone (RZ) of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zoning districts; • Preliminary Plat (PP) modification to address the new village center neighborhood commercial plan and conversion of the Caven home into acivic/social hall. The plat consists of 5171ots [consisting of 443 single-family residential building lots; lmulti-family residential building lot consisting of 32 conceptuaUfuture apartment units; 8 residential building lots consisting of 61 future/conceptual condo units; 4 mixed use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 47 common lots, and 3 other (parking) lots] on 177.43 acres in C-N, TN-C, TN-R, and R-8 zones; • Conditional Use Permit (CUP) to convert the existing Caven home into a unique neighborhood community center as a civic/social hall for neighborhood and community Cavanaugh RZ PP CUP MI PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 events. The civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation; and • Development Agreement modification (MI) to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. 1. Date of Site/Landscape Plan (attached in Exhibit A): November 5, 2007 2. Date of Preliminary Plat (attached in Exhibit A): November 8, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. d. The subject application will, in fact, constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: October 1, 2007 and October 15, 2007 (Commission); December 17, 2007 and December 31, 2007 (Gifu Council) f. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); December 14, 2007 (City Council) g. Applicant posted notice on site by: September 17, 2007 (Commission); December 13.2007 (City Councill 6. LAND USE a. Existing Land Use(s): There is one single-family (Caven) home (currently being used by Kastera Development for a real estate sales and construction office for residential dwelling/lots within the development) and associated outbuildings on the site. The existing home is proposed to be retained on the site as a civic/social hall. The remainder of the property is being used as agricultural land. b. Description of Character of Surrounding Area: This area contains a mix of uses. To the north, across Victory Road are a commercial nursery and other commercial businesses and single-family homes in Observation Point Subdivision. To the south and east are recently approved subdivisions in the City. To the west, across Meridian Road, aze lazge pazcels and single-family homes in the County. This section is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Commercial property (Victory Greens, gas station, Double D feed store), zoned C-G; and residential property (Observation Pointe, Glacier Springs, Kachina Estates), zoned R-4 and RUT (Ada County) 2. East: Residential property (Tuscany Village, Roseleaf, Sicily, Reflection Ridge), zoned R-4 and R-8; Grange hall, zoned Rl (Ada County) Cavanaugh RZ PP CUP MI PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. South: Residential property (approved Sicily & Reflection Ridge), zoned R-4 & R-8; and storage facility, zoned RUT (Ada County) 4. West: Residential property (Meridian Heights), zoned RUT and R6 (Ada County) d. History of Previous Actions: This property previously received approvals under the name of Tanana Valley. The previous applications were as follows: • Annexation and Zoning (AZ-06-015) approval of 192.26 acres to R-8 (177.90 acres), TN-R (10.42 acres), and C-N (3.94 acres) zones. A Development Agreement was also approved with the annexation (Instrument No. 106151214); • Preliminary Plat (PP-06-013) approval of 548 single-family residential lots, 1 commercial lot, 1 school lot, and 20 common lots on 177.94 acres; • Final Plat (Cavanaugh Subdivision No. 1, FP-07-014) approval of 123 single-family residential lots and 12 common lots on 24.8 acres in the R-8 and TN-R zoning districts; and • A temporary Certificate of Zoning Compliance (CZC-07-043) was issued on March 27, 2007 for the existing Caven home to temporarily be used for a real estate sales and construction office for residential dwelling/lots within the development; this permit expires on March 27, 2007. NOTE: There were 548 single-family building lots approved with Tanana Valley; there are 443 single-family building lots proposed with this application. Therefore there are 1O51ess single- family building lots proposed with the subject development. However, in addition to the single- family lots, the subject development now includes lmulti-family residential lot proposed to conceptually contain 32 apartment units, 8 residential lots consisting of 61 future/conceptual condominium units, and 4 mixed-use lots consisting of commerciaUretail on the first floor with 12 residential lofts on the second floor. Although the type of dwelling has changed from 105 single-family to 105 multi-family, the overall number of dwelling units on this property has not changed. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Black Cat Trunk Location of water: This property is proposing water service from mains located in Victory Road and Meridian Road. Issues or concerns: None 2. Canals/Ditches Irrigation: The Ridenbaugh Canal bisects the subject property. There are a couple of other ditches and/or drains that abut this site. Except for the Ridenbaugh Canal, the applicant should cover all ditches and laterals that cross, intersect, or are adjacent to the site. Please see the Analysis section and Exhibit B below for requirements related to the irrigation ditches, laterals and canals on this site. Vegetation: There are some existing trees on this site that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 4. Flood plain:NA 5. Hazards: The Ridenbaugh Canal is deep and wide and could be hazardous to children. Cavanaugh RZ PP CUP MI PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 6. Proposed Zoning: C-N (Neighborhood Business) and TN-C (Traditional Neighborhood Center); existing R-8 and TN-R. 7. Overall Zoning for Development: R-8 (Medium Density Residential), C-N (Neighborhood Business), TN-C (Traditional Neighborhood Center); and TN-R (Traditional Neighborhood Residential) zoning districts 8. Size of Property: 177.43 acres f. Subdivision Plat Information: 1. Residential Lots: 463 (+4 mixed use lots w/residential lofts) 2. Non-residential Lots: 15 (including commercial lots, civic/social hall lot, school lot, & mixed use lots w/commercial-retail on the first floor) 3. Total Building Lots: 478 4. Common Lots: 47 5. Other Lots: 3 (parking) 6. Total Lots: 517 7. Gross Density: 3.08 units per acre (net density is 4.76 dwelling units per acre) g. Landscaping Width of street landscape buffer(s): A 25-foot wide buffer is required along E. Victory Road, an arterial street; a 35-foot wide buffer is required along S. Meridian Road/SH 69, an entryway corridor and arterial street; and a 20-foot wide buffer is required along S. Standing Timber Way and the future Rumpel Lane/Harris Street collector streets, in accordance with the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 20-foot wide buffer is required on property that is zoned C-N that is adjacent to residential uses, per UDC Table 11-2B-3.The buffer shall be constructed in accordance with the standards listed in UDC 11-3B-9C. 3. Parking lot landscaping: Perimeter and internal parking lot landscaping is required on all lots that are zoned C-N and TN-C, in accordance with the standards listed in UDC 11-3B-8C. Perimeter and internal landscaping on these lots will be reviewed for compliance with UDC standards with submittal of Certificate of Zoning Compliance applications for each building. 4. Other landscaping standards: Landscaping adjacent to multiuse pathways and micropaths should comply with the standards listed in UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet in accordance with UDC 11- 3G-3E2. h. Off-Street Parking: Per UDC 11-3C-6, single-family dwellings with more than 1 bedroom are required to have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and garage; multi-family dwellings are required to have 2 parking spaces per dwelling unit in a covered carport or garage. i. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) are shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest corner of the development. Aright-in access point from Victory Road is also proposed between Standing Timber Way and S. Enter Way. The ACRD is requiring that Standing Timber Way be constructed as a residential collector, with no front-on Cavanaugh RZ PP CUP MI PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 housing. All of the other internal streets are proposed as local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5-foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The applicant is proposing to provide stub streets to the out-parcel on Victory Road and the out- parcel on S. Meridian Road; Staff supports these stub streets. Stub streets are also proposed to be extended from the previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff supports the extension of these stub streets. The plat also shows a public street connection to Rumpel Lane at the south boundary (1/2 mile south of Victory Road). Access points to adjacent arterial streets should be approved by ACRD, TTD and the City. The ACRD report is included in Exhibit B of the Staff Report. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On September 28, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of this property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed development includes 548 residential units on 177 acres for a gross density of 3.08 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. A portion of this property is also designated "Mixed Use -Neighborhood" (MU-N) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. This designation is depicted at the half-mile between Meridian Road and Locust Grove Road; however, the Applicant is proposing to move it to the Victory/Meridian Road intersection. Staff supports the relocation of MU-N/N.C. as shown and proposed by the Applicant. 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 proposed development includes a mix of housing types, small scale commercial uses, acivic/social hall, open space, and pathways. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). YVhen the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner: Cavanaugh RZ PP CUP MI PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID) and Idaho Transportation Department (ITD). These services will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend four stub streets provided to this property from previously approved subdivisions. Staff believes that the applicant has done a nice job of connecting to existing stub streets as well as providing for future connectivity to the south. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct 4 foot tall solid fencing along Meridian Road adjacent to the single family residential portion of the development and along a portion of the southern boundary that is adjacent to the storage facility. Prior to home construction, temporary construction fencing to contain debris should be constructed around the perimeter of this site where permanent fencing is not proposed. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct S foot wide detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. The applicant is also proposing to construct micro paths internally within the development for pedestrian access to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, and the commercial portion of the development. The 10 foot wide multiuse pathway along the Ridenbaugh will also connect to the required 10 foot wide pathway along Meridian Road and the adjacent developments as part of the City's pathways plan. Staff is generally supportive of the proposed pedestrian connections to adjacent properties. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. In accordance with the UDC and ITD's standards, the applicant is not proposing any access points to/from SH 69 other than at the half mile mark between section line roads at Harris Street (Rumpel Lane). Three access points are proposed to/from Victory Road, an arterial street. The Applicant is also proposing stub streets to the out parcel on Meridian Road and the out parcel on Victory Road so that they will have access to local streets. Cavanaugh RZ PP CUP MI PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Most of the subject property is zoned residentially (R-8). Staff finds that the existing single- family residential properties to the north, south, east and west, as well as the Grange Hall to the east are compatible with the proposed development. Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The Ridenbaugh Canal bisects this properly. The Applicant is proposing, and is required, to construct a 10 foot wide multi-use pathway alongside the canal as part of the City's Master Pathways Plan. Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Landscaping is proposed as required within the commercial portion of the development and should be maintained by the Business Owners Association. Compliance with internal landscaping standards will be reviewed at the CZC or CUP approval level for the future buildings. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping is required within the residential portion of the development in accordance with UDC standards. Fencing is proposed on the site and is required to comply with the standards listed in UDC Il-3A-7. Signage shall be approved by a separate sign permit and shall comply with the requirements listed in UDC 11-3D. • Chapter VI, Goal I, Objective A, Action 2 -Support the location of school sites within every square mile in undeveloped areas. An alternative high school is proposed in the north eastern portion of the development adjacent to Victory Road. Staff is supportive of the proposed school location as there are no other schools within the square mile. • Chapter VII, Goal I, Objective B, Action 1 -Consider development applications that apply the neighborhood center concept. The proposed development employs the neighborhood center concept with neighborhood ,friendly commercial uses, a mix of residential uses (vertically integrated residential units over retail uses, future condos, future apartments, and single family homes), open space, pedestrian pathways, acivic/social hall, and a school. Staff believes that the proposed development generally complies with the Comprehensive Plan. Staff finds that the proposed density, land uses and zoning districts for this property are consistent with the goals and objectives of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 and 'I'N-R zoning districts. Multi-family developments are a Cavanaugh RZ PP CUP MI PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 permitted use in the TN-C zoning district. There are several principally permitted, accessory and conditional uses allowed in the C-N and TN-C zoning districts. b. Purpose Statement of Zoning Districts: • R-8 Medium-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. • TN-R Traditional Neighborhood Residential: The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. TN-C Traditional Neighborhood Center: The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C district is pedestrian oriented, and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi- family dwellings. • C-N Neighborhood Commercial: 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. c. Specific Use Standards: Per UDC Table 11-2A-6, specific use standards apply to the proposed civic/social hall use. The specific use standards in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. d. General Standards: Please see UDC 11-2A-6 for development standards in the R-8 district; UDC 11-2D-5 for development standards for the TN-C district; UDC 11-2D-6 for development standards in the TN-R district; and UDC 11-2B-3 for development .standards in the C-N district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: The Applicant is requesting to rezone 30.08 acres of the site from the R-8 zoning district to C-N and TN-C zoning districts. The Applicant intends to build a grocery store on the northwest corner of the property; vertically integrated buildings internally; multi-family buildings; and, stand alone commercial buildings within the area proposed for the rezone. This area previously was approved for single-family detached dwellings. Cavanaugh RZ PP CUP MI PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The Comprehensive Plan Future Land Use Map designation for the properly proposed to be rezoned is medium density residential. However, the Applicant is proposing to shift the mixed use neighborhood center towards the Victory/Meridian intersection. Staff is supportive of this shift and the proposed rezone (see Section 8 above). Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C N and TN-C zoning is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The rezone legal descriptions and exhibit maps submitted by the applicant (stamped on July 6, 2007 by Gregory Holkesvig, PLS) included as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. CONDITIONAL USE PERMIT: The Applicant is requesting Conditional Use Permit (CUP) approval to convert the existing 13,000 square foot Caven home into a unique neighborhood community center as a civic/social hall. The UDC (Table 11-2A-2) requires such uses to obtain CUP approval. The Applicant has submitted a site plan, attached as Exhibit A.6, showing how the site is proposed to develop and be utilized. The Applicant proposes to preserve the Caven home and convert it into a gathering place for neighborhood and community events. The Applicant's narrative states that the proposed civic/social hall will be available for public and private neighborhood gatherings, meetings, weddings, relaxation, spa, banquets, parties, picnics, seminars, and recreation. Because of the size of the civic/social hall, Kastera envisions that multiple functions can occur during the same time. Facilities include a library, commercial kitchen, banquet room(s), recreation rooms, computer rooms, meeting rooms, swimming pool, tennis court, spa, barbeque and picnic facilities, patios and decks, large lawn areas, restrooms, storage rooms and garage. Anticipated capacity for outdoor events is estimated to be 300 people; anticipated capacity for indoor events is estimated to be 100 people. Specific Use Standards: Per UDC Table 11-2A-6, specific use standards apply to the proposed civic/social hall use. The specific use standards in UDC 11-4-3-7 state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line; and accessory sales and or distribution of beer and wine shall be allowed. Staff is including a condition of approval that the Applicant complies with these standards. Elevations: The Applicant has not submitted building elevations with this application but has submitted photos of the existing Caven home. Included in the Applicant's narrative is a list of 21 unique design features of the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines for the subdivision. (See Exhibit A.8 for a list of proposed design features and photos of the existing Caven home.) Staff has reviewed the proposed design features and found them to represent high quality architecture and construction materials. For this reason, Staff supports the design features and construction materials proposed for structures within this development. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. Staff has reviewed the site plan submitted with this application. The parking shown on the site plan exceeds the amount required by UDC 11-3C-6B but will be necessary for the proposed use. The existing landscaping on the site is abundant and meets UDC requirements. A 20-foot wide street buffer is required adjacent to S. Standing Timber Way, a collector street, and should be constructed in accordance with the standards in UDC 11-3B-7C, a proposed. A detailed Cavanaugh RZ PP CUP MI PAGE I2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 site/landscape plan is required to be submitted for approval with the CZC application for a change in use of the site from a residence to a civic/social hall. At that time, Staff will review the site in detail for compliance with applicable UDC standards. Staff believes that the conversion of the Caven home to a civic/social hall as proposed will be a great addition to the neighborhood as well as the community. Further, Staff believes that the proposed use will be an excellent reuse of an extraordinary property and commends the Applicant for preserving the existing structure and making it available for public use. For these reasons, Staff is very much in favor of the CUP request as proposed, per the findings attached in Exhibit D of this report. PRELIlVIINARY PLAT: The Applicant is requesting preliminary plat approval of 5171ots [consisting of 443 single-family residential lots; 1 residential lot consisting of 32 future apartment units; 8 residential lots consisting of 61 future condominium units; 4 mixed-use lots consisting of commercial retail on the first floor with 12 residential lofts on the second floor; 9 commercial lots; 1 school lot; and 1 civic/social hall lot, 47 common lots, and 3 other lots (parking lots)] on 177.43 acres in C-N, TN-C, TN-R, & R-8 zones. The previously approved preliminary plat for Tanana Valley contained 548 single-family building lots, 1 commercial lot, 1 school lot, and 20 common lots on 182.6 acres in the R-8, TN-R, and C-N zoning districts. There are now 105 less single-family residential lots than before. Additionally, 32 future apartment units, 61 future condo units, and 12 residential lofts above retail uses are now proposed. The proposed preliminary plat was prepared by J-U-B Engineers on 11/8/07. The gross density for the residential portion of the proposed development is 3.08 dwelling units per acre (net density is 4.76 dwelling units per acre). There is one existing home on Lot 1, Block 34 that is proposed to remain and be converted into acivic/social hall for the benefit of the neighborhood and community. The previously approved preliminary plat consisted primarily of single-family residential uses in the R-8 (177.9 acres) and TN-R (10.42 acres) districts with only a small portion (3.94 acres) zoned C-N for commercial uses. The subject plat decreases the R-8 area to 137.4 acres, adds the TN-C area of 16.5 acres, increases the C-N area to 13.6 acres, and does not change the TN-R area from 10.4 acres. The open space area previously approved was 24.05 acres or 13.5% of the site; the proposed open space area is now 27.6 acres or 15.6% of the site, for an increase of 3.55 acres or 2.1 %. Staff supports the proposed land use changes as they are consistent with the mixed-use neighborhood designation on the Future Land Use map for this area. Further, Staff believes that the variety of uses proposed fits well with the neighborhood center concept. The previous plat had an overall gross density of 3.09 units per acre; the subject plan has an overall gross density of 3.08 dwelling units per acre. While the density is the same, the lot sizes proposed on the subject plat have generally decreased in size. The subject plat includes more pathways than originally proposed, which increases pedestrian accessibility to the commercial portion of the development, the school site, and the civic/social hall. The previous plat depicted two access points (S. Standing Timber and S. Mesa Avenue) to Victory Road and one access point (Harris Street) to Meridian Road. The new plat depicts three access points to Victory Road and one to Meridian Road. The proposed plat shows a portion (the TN-R zoned portion) of the property that received fmal plat approval in June, 2007 as Cavanaugh Subdivision No. 1 but does not include it within the plat boundary. For this reason, details are not shown on this portion of the property. This area did not change from that approved with the preliminary plat for Tanana Valley. The TN-R zoned portion of the property should be included in the subject revised preliminary plat for this development; this piece provides a contiguous connection that is needed for this property to be Cavanaugh RZ PP CUP MI PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 included in one plat. Dimensional Standards: Staff has reviewed the preliminary plat for compliance with the dimensional standards of the R-8, C-N, TN-C, and TN-R zoning districts. The existing structure that is proposed to remain meets the minimum setbacks of the R-8 zone. The following list of items does not comply with dimensional standards and/or are errors on the plan that need to be shown on a revised plat: A 25-foot wide street buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way, including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. A 20-foot wide street buffer(s) shall be provided along S. Standing Timber Way and Harris Street, both collector streets and all other streets classified as collectors. (The buffer along Harris Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets.) Said buffers should be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffers in residential portions of the subdivision should be placed in a common lot, maintained by the homeowners' association. Access: The applicant is proposing to construct public street accesses to both Victory Road and Meridian Road. On the submitted preliminary plat, three public streets (S. Standing Timber Way, S. Enter Way, & S. Mesa Way) are shown to intersect Victory Road, and one (currently) private street (Rumpel Lane) is shown to intersect SH 69/Meridian Road at the southwest corner of the development at the half mile (in alignment with Hams Street). Aright-in access driveway is also proposed to the commercial portion of the site from Victory Road between Standing Timber Way and S. Enter Way. A public street, S. Mesa Way, is proposed to Victory Road along the east boundary of the proposed school site; direct access to the school lot to/from Victory Road shall be prohibited. The ACHD is requiring that Standing Timber Way and the future extension of Hams Street be constructed as residential collectors, with no front-on housing. Staff is supportive of the proposed access points as allowed by ACHD. All of the other internal streets are proposed local streets with 33-foot wide street sections (measured back of curb to back of curb) and contain 5- foot wide detached sidewalks, per the typical street section shown on Sheet 2 of the plat. There are four blocks (Blocks 24-27), consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. The plat also shows a public street connection to Rumpel Lane, a private street at the south boundary. Staff and ACHD are requesting that the Applicant close and/or incorporate Rumpel Lane into a new public street (the extension of Harris Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 36-foot street section. The new extension of Harris Street should extend from the intersection of Meridian Road to connect with the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision. ACHD's conditions are included in Exhibit B of the Staff Report. Private Street: On the plat adriveway/privateright-in access point to the site from Victory Road between S. Standing Timber Way and S. Enter Way is shown. Staff is not supportive of this access point; the private street is not approved with this application. Stub Streets: The Applicant is proposing public street connections to four stubs streets provided to this property from previously approved Tuscany Village Subdivision to the east, from Sicily & Roseleaf Subdivisions to the south, and from Reflection Ridge, at the southeast boundary. Staff Cavanaugh RZ PP CUP MI PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 supports the extension of these stub streets as proposed. Additionally, there is a stub street at the south boundary from Reflection Ridge Subdivision (Reflection Ridge Place) that the Applicant is proposing to connect to the extension of Harris Street. There are two out parcels that are surrounded by the subject development. One of the out pazcels is on Victory Road; the other is on Meridian Road. Both of these out pazcels currently take direct access to the adjacent arterial roadway. The Applicant is proposing to construct a stub street to these properties to allow for access to these pazcels to be provided from a local street. Staff is supportive of all of the proposed stubs as they allow for future access to these pazcels from internal local streets rather than the adjacent arterial streets. Existing Structures: The site currently contains one existing home and gazage, which is proposed to remain and be converted into acivic/social hall and service azea per the site plan submitted with this application. Design Standards: All structures proposed within the development that aze located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standazds listed in UDC 11-3A-19C. This requirement applies specifically to future structures on Lot 3, Block 29. The Design Review application may be submitted with the CZC application. Elevations: The Applicant has submitted a design collage (see Exhibit A.7) for this development that represents architectural elements proposed in Cavanaugh for the residential and commercial portions of the development. The images aze taken from the Architectural Vision and Guidelines for the development. It is recommended that architects involved at Cavanaugh study the Architectural Vision and Guidelines as well as other standards set for the subdivision. The Applicant has also submitted a list of 21 unique design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines. This list is included as Exhibit A.8 in this report. Conceptual elevations with construction materials were submitted for the residential lofts, future condominiums, and apartments (see Exhibit A.9). Staff has reviewed the proposed design features and design collages in Exhibits A. 7, and A.8, and the conceptual building elevations in Exhibit A.9 and found them to represent high quality architecture and construction materials. For this reason, Staff supports the design features, construction materials, and conceptual elevations proposed for structures within this development. (Note: The multi family units proposed within this development do not require future CUP approval because multi family developments are a permitted use in the TN-C zone. For this reason, Commission and Council should review the conceptual elevations submitted with this application included in Exhibit A.9 to determine if additional design requirements should be added) Sidewalk: A 5-foot wide detached sidewalk is required to be constructed along E. Victory Road, in accordance with ACHD standards and UDC 11-3A-17. A 10-foot wide detached multi-use pathway is required to be constructed along SH 69/S. Meridian Road with a public use easement, in accordance with ITD standazds and UDC 11-3H-4C. All sidewalks shall be a minimum of 5- feet wide, except if detached sidewalks aze provided on local streets in residential subdivisions, the minimum sidewalk width maybe reduced to 4 feet, per UDC 11-3A-17A. Parkways: Per UDC 11-3A-17E, the minimum width of parkways planted with class II trees shall be 8 feet; parkways are currently depicted on the typical street section shown on Sheet 2 of the plat at 6 feet in width. The planter width for class II trees maybe reduced to 6 feet if there are root barriers that aze a minimum of 18 inches below sub-grade adjacent to the sidewalk and a minimum of 24 inches below sub-grade adjacent to the curb; the root barriers shall extend 2 inches above grade. If 8-foot wide pazkways aze not provided, this area may not be counted toward the required open space for the subdivision, per UDC 11-3G-3B.5. If the Applicant Cavanaugh RZ PP CUP MI PAGE 15 "~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 proposes to construct a 6-foot wide parkway, the Applicant shall comply with the above standards relating to root barriers. Staff is including a condition of approval as such. Development along State Highways: Because this development is located along SH 69, there are certain provisions in the UDC that pertain to the design of new residential development along state highways to mitigate noise impacts associated with such roadways. Specifically, a 10-foot wide multi-use pathway is required to be constructed adjacent to the State Highway as proposed by the Applicant and shown on the site/landscape plan. Access to this pathway is provided from the pathway along the Ridenbaugh Canal. Additionally, a berm or berm/wall combination is required to be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway. Staff is including a condition of approval in Exhibit B that the Applicant is required to comply with the standards listed in UDC 11-3H-4B, Noise Abatement for Residential Uses along State Highways. Landscaping: The landscape plan prepared by Breckon Land Design on 8/10/07 is approved with the following modifications/notes: • Construct a minimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the school lot and the deceleration lane west of Standing Timber Way), exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. • Construct a minimum 35-foot wide street buffer along the entire length of SH 69/S. Meridian Road, exclusive of ITD right-of--way. A berm or berm/wall combination shall be constructed within the buffer a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standards listed in UDC 11-3H-4D, Noise Abatement for Residential Uses along State Highways. • Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, and all other streets classified as collectors within the development. Said buffer should be constructed in accordance with the standards listed in UDC 11-3B- 7, Landscape Buffers along Streets. The buffer along Harris Street should extend further to the east so that Lot 8, Block 43 does not have frontage on two streets. • Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C-N zoned portion of the development in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. Parking stalls shall not encroach within the required buffer area. • Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • UDC 11-3B-12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 8-foot wide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' linear feet and shrubs, lawn, or other vegetative ground cover. The landscape plan depicts "existing trees " on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with UDC Il-3B-12. Also, several of the micro paths do not contain the required number of trees. • Either provide 8-foot wide parkways adjacent to local streets or provide 6-foot wide parkways with root barriers in accordance with the standards in UDC 11-3A-17E. Street Cavanaugh RZ PP CUP MI PAGE 16 '~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 section on sheet 2 of the plat shows a 6 foot wide parkway; the landscape plan shows an 8 foot wide parkway. • A 6-foot tall open vision fence is required along the south side of the Ridenbaugh Canal, per UDC 11-3A-6B; a 5-foot tall open vision is shown on the plan. Revise plan to comply with this requirement. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Mitigation: There are a lot of existing trees on this site. Staff encourages the Applicant to save as many of the existing trees as possible. Mitigation shall be provided for all existing trees 4-inch caliper or greater that are removed from the site in accordance with the standards listed in UDC 11-3B-1OC.5. Common Open Space: Per UDC 11-3G-3, a minimum of 10% common open space is required within the development. The site consists of approximately 177 acres; 17.7 acres of open space is required. The Applicant is proposing 27.6 acres of open space, which complies with and exceeds the minimum open space requirement. Additionally, one site amenity is required for each additiona120 acres of development area. Per this requirement, the site is required to have 8 amenities. The Applicant is proposing the following as amenities: (3) pedestrian bridges across the Ridenbaugh Canal; amulti-use pathway along the south side of the canal; a 8-foot wide sidewalk along the north side of the Ridenbaugh Canal; 25' x 60' pool; 4' radius hot tub; 15' x 15' splash park; 20' x 20' water plaza; open play area; acivic/social hall; bus turnout; and additional open space area beyond the required amount. Additionally, per UDC 11-3G-3E.2, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted along with lawn, either seed or sod. The landscape plan complies with this requirement. Maintenance of all common areas shall be the responsibility of the Cavanaugh Home Owners' and Business Owners' Associations. Staff is generally supportive of the open space and site amenities proposed on the site as they comply with UDC requirements. (Note: In order for parkways to count toward the required open space, they need to be a minimum of 8 feet in width from curb to edge of sidewalk; they are currently shown at 6 feet on Sheet 2 of the plat and 8 feet on the landscape plan.) Multi-use Pathway: The applicant is proposing to construct amulti-use pathway, as depicted on the Future Land Use Map, along the south side of the Ridenbaugh Canal throughout the property. Staff is supportive of the proposal to construct the multi-use pathway as depicted. Per, UDC 11- 3B-12, a 5-foot wide landscape strip is required on each side of the pathway along with one minimum 2-inch caliper deciduous tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover. The landscape plan depicts "e~sting trees" on the south side of the pathway; the plan should be revised to include the size and botanical name of existing trees to determine compliance with this requirement. Staff is including a condition of approval in Exhibit B for the Applicant to comply with the standards listed in UDC 11-3B-12C. The Applicant is also proposing to construct a 8-foot wide pathway along the north side of the Ridenbaugh Canal. The pathway should also have landscaping on either side as required by UDC 11-3B-12C. Micro-paths: The applicant is proposing to construct several micro-paths within this development for pedestrian connection to the proposed civic/social hall, the multi-use pathway along the Ridenbaugh Canal, the commercial portion of the development, and between Cavanaugh RZ PP CUP MI PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 subdivision blocks. Per UDC 11-3B-12, micro-paths are required to be landscaped with a minimum of one deciduous tree every 35 linear feet and shrubs, lawn, or other vegetative groundcover. Several of the micro-paths do not have enough trees to meet the aforementioned requirement of 1 tree per 35 feet. Staff has included a condition of approval in Exhibit B for the landscape plan to be revised to comply with this requirement. Staff is generally supportive of the proposed pedestrian connections as shown. UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 exceeds the ma~mum block length allowed without a pedestrian connection. The applicant should add a micro-path to break up this block length, connecting to the sidewalk on Harris Street. All micro-paths shall be constructed at least 5 feet wide, with 5 feet of landscaping on each side of the path in accordance with the standards listed in UDC 11-3B-12. Alleys: There are four blocks (Blocks 24-27) consisting of 81ots proposed for future condo units, in the TN-C portion of the property that propose access to the units from an alley. Staff supports the proposed alley access to these units and is including a requirement in Exhibit B that the alley shall be constructed in accordance with the standards listed in UDC 11-6C-5 Fencing: Four-foot tall solid fencing is shown on the landscape plan adjacent to the single-family residential portion of the development along SH 69 north of the out-parcel and six-foot tall solid fencing is shown south of the out-parcel and along the southern boundary adjacent to the storage facility. Five-foot tall open vision fencing and four-foot tall solid fencing is proposed internally within the development adjacent to common areas and micro-paths. Afive-foot tall open vision fence is proposed along the south side of the Ridenbaugh Canal adjacent to the proposed residential lots; a siz-foot tall open vision fence is required per UDC 11-3A-6B. Staff is including a condition of approval in Exhibit B that the fencing along the south side of the Ridenbaugh complies with this requirement. All fencing proposed on the site shall be constructed in accordance with the standards in UDC 11-3A-7 and 11-3A-6B. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Ditches, Laterals, and Canals: The Ridenbaugh Canal and the Kennedy Lateral traverse through this site. There are other irrigation/drainage laterals that bisect this parcel. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled except when used as a water amenity or linear open space. Staff recommends that exclusive of the Ridenbaugh Canal, all irrigation ditches, laterals and canals be tiled. Certificate of Zoning Compliance (CZC): A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially comply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the architectural standards listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial structures located along entryway comdors. Cavanaugh RZ PP CUP MI PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 NOTE.• A CZC application may include multiple/all multi family stYUCtures within the development. DEVELOPMENT AGREEMENT MODIFICATION (NlI Application): The Applicant is requesting to modify the existing DA (Instrument No. 106151214) approved with the annexation (AZ-06-015) of this property to address the new neighborhood center plan and conversion of the existing Caven home into acivic/social hall. Staff has included the Applicant's requested DA modifications in Exhibit A.10 of this report with Staff's comments in red/bold italics. Staff is supportive of the proposed changes to the DA as shown in Exhibit A.10 with recommended changes as noted on #5.1.14. The amended Development Agreement shall be signed within 6 months of City Council approval of this application. b. Staff Recommendation: Staff recommends approval of the subject applications (R~-07-014, CUP-07-017, PP-07-015, 8i MI-07-011) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of November 15, 2007. The Meridian Plannins: & Zoning Commission heard these items on November 15 2007. At the uublic hearing they moved to recommend approval of the subiect RZ, CUP PP. & MI reauest. he Meridian itv onn it h and theca itpmc nn r~r„~n, 4 7M4 .public hearing the Dune D annrov .d the cnhie~ R7, vu rrrn a..d ~vrr ro,. 11. EI~~IT5 A. Drawings/Other 1. Vicinity/Zoning Map 2. Rezone Site Plans 3. Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07) 4. Phasing Plan 5. Landscape/Site Plan (prepared by: Breckon Land Design, dated: 11/5/07) 6. CUP Site Plan 7. Cavanaugh Design Collage 8. Design Features 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments 10. Requested Development Agreement Modifications B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Cavanaugh RZ PP CUP MI PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~ DATE OF JANUARY 8, 2008 C. Legal Descriptions & Exhibit Maps for Property Proposed to be Rezoned D. Required Findings from Unified Development Code Cavanaugh RZ PP CUP MI PAGE 20 A. Drawings Exhibit A 1. Vicinity/Zoning Map 2. Rezone Site Plans dTl, t ~ ~ ~ uuuwL ~oexaa~u qq ~ ~nexsr 6 ` a I i i _i REZONE SI'Z'E PLAN B~ea1d,C 197113IItf,Bo]sa,~ahe87114 F~ ~~ ~ e~cas~aucn _ _.-- S. VICfORYROAD ~ - - __ ~ J ' C -- -- fir„ ~ h~~~ \ ~ ,. `~•. - ~ ,~ - ,..~ ~~ ~.` ~, ~ .~~ ,, ~ ~ ~~ ~ ~\ .~'...~ ~ ~~ ,r( r Y~UAL ~ ~ AbII~7lY ~AII~~ ~ / ! RICALPOINT a '~7~ I o~ I l~r~ °~aas+e. Exhibit A 3. Preliminary Plat (prepared by: J-U-B Engineers, dated: 11/8/07) D81HMdNNNO CNWdWNWIIHa G'~'~~" 9 mlun~mrl o~ ~~ ~`°9~ a ~~ u g ~y~q~ s a 8 .I ~)]I• ~ H \ ! Q ~. ~~ 1 ~. i s,' ~ - ,- r r. 3~ ~€ s l,.. - ~ ~ _ M®QIV YAP t ~EX fA~ TA 01£ and R,m~t- Vgbp pgAV ) vw Ifla7Y l.~ ( \ Aeaa evmm V \ ems Ytir ~ ~ ]d/® bd m ~ wmum (., ~ 01NI~R+ ENOIi~R 1 ~1RVEYOR , f /e ^ KASTERA DEVELOPMENT L.L.C. J-U-B ENGINEERS, Inc. ' ~ ~ ~ l g1/6~1g/1 HNY 66 gA 4 +tp S BEECHVICOp AVENUE SUiiE Zp1 ~ 9 PHQiE (209) BY9-LAIm F K (208) &78-B~IU iFi RHfWF: (nfl19i'. fiD J.5.ip -~ " EtlGP1EEF' JESSE C HFRIIpOty P.E ~ SuRVEI"OR~ RpNALp 4 HODGE P LS ~~ ??~~ ~~j O > Ua PRELIM If.IARY PLAT FOF. CAVANAUGH SUBDIVISION A Fffl'Ip W IK AOIPI I/4 ff YC-UI 51 IOWI9N J NWIH, PAHf£ G51, OY 6'EIWIAH MERIDIAN, ADA COUNT', IDAHO 2007 ,w ~a,a anclt a2 e tl a \\ r y tYia ~_ \_\ J ~ y'~ ) y 19 A ~~ ~ ~~ Exhibit A • PRELIMINARY PLAT FOR CAVAIdAUGH SUBDIVISIOPT ~--~--+~- sla~ff»a®Ipff®m $~ E ~~ ~ tdEftlDIAN. ADA t~tAdTY, IDAHO I ~ ~ ~ __ _____ '®P3~F~1~~®~______ _ -----L~-? --- - ~~ mmrtmrmmrmmnnnrttn II~ ~~//II m NIIINNN ~~ 1 ~ ~ I _~ J ~ 4FHIFHfIIfIIRFHD OfHIfHHH41Hl~ ~ R 1 ( sr ~~~ ~ r~ M ftq~! ~ moocp 4, t~.J BPPoPoW.aW ~ ~~ .` ~~B ~ ` r i~ ~ +C:rn mkt ~ ~ d s v °~ sr a ,~ '` -gam ` ~a ., r~ ~ ~~. 4~; ~~ .. .. -~. '° ~' ~ ~ m ~~e _ ~~ ~. ,~ ° • ° .a F ~°ab ~q` m • ~ j I@4$h s ~ ~ ~. ~ ~°~r, .. .P I a ~„®.~® ,~,~® ~" a" a Exhibit A PRELIMINARY PLAT FOR CAVANAUGH 9UHDIVLSION ~ dP~ffffi®1~6~~ '6i~3®i{~IFil4B~I®W E~ wQamnN, aan~ ir, lo+um ~~ ~~ m e = ~ { ~ ~ ~ ~ ate- em ~'' ~ ` 'e~*, ~' ~ ~ ~~ I -~ ~ •, _ aE s .~. E +~ .~ t ~ 4 V ~~ ~~ ~ • ~Y~~ m ~ ~ ~ !M1 p ~f ~ ~° 1 ~` p ~ ~~ t may, ~ f ~ ~ v Aa `~~ r ~ if ~'r YS 4 ` 1~~~ ~ ~~ ff fPr, ® ~ ~ 4 ` ~ 9LY$ a f ~ .',. .1.. ~ ~ ~ ® 4' ' l ~ e3 ~ ' ~ • ~ • 2r. mfi' M j ~ • ~~~ L FRNUC uS ~ .P I ~J .t - - ~ ~..~ _ - ~Ilnn~ns sx - ~ - - a i _ '~ 5 Exhibit A PRELJMINARY PLAT ~ 1 FOR __ „wy CAVAIdA ~ ""°"'° UGH SUHDIVISIOI4T AI®fflff®I(Iff9l~~ IRBP J ~ ~ff 1 FA46 ~ ~ m~am, aoa couNn, loaNO sa i ~e ___________ ~ 3i lV m I i ' ~ ' >~n00L 81E ' I net c ~a E Nlmtlmu~ DQ. i ! ° ®! ~ ~ . , ~ e _ ~. a:~ .I ~~ '~ '.P ~~ o.. ~ d . V , + ~ s ~ ~~ ~ r ~,y'., G ~ ~ I oo-vniv sf. ~ .. ~ ~ ~Y E ~ ~ ~ a 0 t ~ ~~tly 38W . s m ~ ~~ - ~ M ~ r~~ ~ ~ v~y, ~ ~ L i ~ ~ ~ r ` e~ Q~ m E a~ m+mvnw g~. R ~ n . j C ~ d a I ~9 ~ .~. ewe ~ r ~ ~~ . ~ + p~ ~ 1 t i E m!. & I(H~IA OR. Q r ~ e ~, g~ p _ 2 _ t ~ j r~ ^.J I r~.~ ~ lea Elie ~.. + ~~~~ s1 ~ ~ ° ~ ~r r~ 4 ~ I ~ ~~ X416 P.T~ - ~u6 P.T~ - 6"'~ o bm 8 Exhibit A 4. Phasing Plan ~~~ `~~_ ~~:-~~ ~ 1 ---, ~ ~~ ®I~,~° ~ ~....._ ,~ ~u ~ PHA-SE: ,~,,,~,,,,,,,,,, TOBED~ ~~ j o BY MAR~f DEMAND (~ ~~ ~ ~z ~ l ,' ice; PHASE 5 ~~ .~ 2~}PHASE 3 ~~y/ - -- - - PROP(}SED ~ CAVANAUGH ,~ ~ ~ , ,, SUBDNISION ~' ~\~ ~' PHASE 6 PHASE 7 ~ PHASE 8 ~~~'~ ^~ e ~ ,~ , L~ ~ R, ~~~;~ ~, PHASING PLAN o ~ '~J a hJ' ~Fepne$Fa~g.Ang~9.200! ® {~'' ~ ~~ PHASE Exhibit A i 5. Landscape/Site Plan (prepared by: Breckon Land Design, dated: 11/5/07) (There are 10 additional sheets of the Landscape Plan that are not included in this staff report; they are labeled as Sheets Ll.ll-L1.20.) ~. E~ ~ uw Exhibit A 6. CUP Site Plan • ~ `;~~ 0 - 0 ~P~ ~~~ ~;' fi 1 ~ ~ ~; o' R~ ~ I$f` ZONgiG ,~-''" ~ ~-- rh~ R ~ rr ~ :' ~ ~~ :i ~ '~~,~ w ~ ee~t ~ ~~ ~f~, ~~, ~ ~.LOYD T ,~.~~ STS Exhibit A ~ r 7. Cavanaugh ;Design Collage THE CAVEN HOME CIVIC/SOCIAL HALL AND ARCHITECTURAL Exhibit A INSPIRATION FOR CAVANAUGH ~ i Exhibit A COMMERCIAL PROPERTIES Exhibit A RESIDENTIAL PROPERTIES ~ ~ LANDSCAPING Exhibit A • ~ 8. Design Features Design features at the Caven home that will be used as a reference throughout the Cavanaugh Architectural Guidelines: 1. The platy of light/shade using cantilevers, overhangs, balconies, and pergolas. Consider the imagery cast by shadows; 2. Basic geometric m;~sses horizontal in perspective or features that are horizontal in aspect; 3. A variety of texture; in massive planes; 4. Low pitched roofs with large overhangs and intersecting roof planes; 5. Repeatvig patterns in beam work and materials; 6. Integration of interior and exterior spaces through the use of: skylights, captured views, atriums, exterior materials visually continuing to interior spaces, transparent walls to patio areas, expansive glass; 7. Architecture designed around specific captured views; 8. Transom windows at the ceiling line bringing in generous amounts of natural light; 9. Shadow walls desilmed to screen windows, and windows recessed into the building envelope. The majority of the windows are facing north to maximize energy efficiency; 10. Mature :iandscapin€; strategically placed to provide shade, privacy, and beauty; 11. Porte cocheres; 12. Exterior spaces than blend with the site and surrounding architecture; 13. Joints tb~at appear disconnected by a gap that casts shadow (floating ceilings); 14. Massive: structural components; 15. Stone walls at the Craven home use Trail Creek stone. The natural stone is used as a structural component applied with minimal or no grout lines. In Cavanaugh, stone must have a structural appeara~ice and not a veneer look. Stone is not permitted to terminate at an outer corner, but must wrap around and continue to a point of intersection at an inside corner; 16. Materials are true to their nature. Exposed timbers are weathered and stained to enhance the natural tones of the wood. Stone appears structural; 17. Exposed aggregate concrete provides a variety of texture; 18. A modern mix of colors; finished industrial products may use bright colors in contrast to natural materials in subtle earth tones; 19. Exposedl redwood timber in a smooth finish; 20. Smooth finished shtcco; and 21. Copper ~/dging, caps, and accents. Exhibit A ~J 9. Conceptual Elevations for Multi-family Residential Lofts, Future Condominiums, and Apartments Flat Rooi's with flarapeta and Law Sloped Roofs wl th Architectural Grade Coeapasltian Shingles Heave Wood Pergolas Horiwntal and Vertical Woad Siding Dn Cambioation with Stucco Wail Pianos Cavanaugh Lafts Canceptuai Elevation _ -~~-. F tt9etal Clad LViadows and Patio Doors Low Sloped Roofs with Architectural Grade Composition Shingles Heavy Wood Faseias Horizont,~i and Vertical Wood Siding in CombinaPion with Stueca Wall Planes .,',t: Cavanaugh C:andamini~ums Coneeptnal Elevation ??<"_..a Stone Aeoents Metat Cia,i Windows and Patio Doors Offset Wali Planes for Visual Relief and 5hade~v PaRerns Exhibit A Offset Well Piarres for Visual Relief and Shadow Patterns u Low Sloped Roofs with Architectural Grade Compoeitipn Shinglee Cavanau~~h Apartments Canceptuai Elevation H arizeatal aad Vertical Wood Siding in Combination with Stucco Wall Planes Ea rthtone Windows and Patio Doors and Shadow Patterns Exhibit A 06'set Wall Planes far Visual Relief 10. Requested Development Agreement Modifications Kastera proposes the following modifications: (Staff s comments in bwld~red italics) ]DEVELOPMENT AGREEMENT MODIFICATIONS PARTIES: 1. Agency = City of Meridian 2. Ov~mer = DB~;I Tanana Valley LLC 3. Developer- west Kastera Develo,~t LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~~ _ day of 20087 by and bet•~veen City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", Kest Kastera Development, LLC, whose address is a^o"`r T`~e~a.--, D~~---- A2 15711 State Hie? wa 55 ~~~ Boise, Idaho 83714, hereinafter called "Developer", and . DBSI Tanana Val:l~ LLC, whose address is ^^~D~'esde~=l4eer;~~e.~z15711 State Hi way 55, Gem Boise, 83714, hereinafter called "OWNER". DBSI Tanana Valley LLC as "Owner" and Kastera Development LLC as "Developer", agree to be bound by the terms of the original Development Agreement (instrument # 106151214), approved on September 21, 2006 on the land described in E:,:hibit "A", (the "Original Development Agreement") except for the wording as specifically contained within items: 1.4; 3.2; 3.3; 3.4; 4.1; 5,1.6; 5.1.7; 5.1.11; 5.1.15; 5.1.16 and 16. 1.4 -That item 1.4 of the Original Development Agreement be amended by modifying the sentence to read: "WHEREAS, "Developer" has submittEd an application for annex, ~.~ng _C.bnditional Use Permit and rezoning o ortions of the "Property s "described in Exhibit~4 ~3 and has requested a designation of{#-8}M~a :~;; nc,wl~• D-•~-a~ -~ ~ n• +. 'b 't/~ Traditional Neighborhood Commercial.District. and (C-N) Neighborhood Business District (Municipal Code of the City of Meridian); and" 3.2 -That ite;~m 3.2 of the Original Development Agreement, be amended by modifying the sentence to read: "DEVELOPER ": means and refers to ~ Kastera Develo ment LLC whose address is 44~A'~r~en~-h~e~ Stems 15711 State Highway SS. ~~ity Boise. Idaho 83714, the,party developing said "Property" and shall include any subsequent developer(s) ~~f the "Property ". 3.3 -That Item 3.3 of the; Original Development Agreement., be amended by modifying the sentence to read: "OWNER": means and refers to ~4~e.'~ DBSI Tanana Fall LLC whose address is 4~s8~Dl~esde~~ Plaee~te~ 157!1 State Highway SS ~ Boise. Idaho 83714, the party that owns said "Property" and shall include any subsequent owner(s) of the "Property ". 3.4 -That item 3.4 of the: Original Development Agreement, be amended by modifying the sentence to read: "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of.Ada, City of Meridian as described in Exhibit A describing all ate parcels to be annexed and zoned D Q ; ~: ;a~-•--- n-•~•~~~• D~ = ~~--*~~~ n~..{.~~~~ f~~~'~~e~'~~w n~..:a..~.:,,"':~''~~•', including the parcel described in Exhibit B to be rezoned TN-C raditional Neighborhood Commercial). and the two parcels described Exhibit A in Exhibit C to be rezoned and C-N (Neighborhood Business District), such exhibits being attached hereto and by this reference incorporated herein ~zs if set forth at length. " 4.1 -That item 4.1 of the Original Development Agreement, be amended by modifying the sentence to read: "Application for a Certificate of Zoning Compliance shall be submitted to the City ofl~7eridian prior to a future development to the C-Nand TN-Czones and the pertinent provisions of ,the City of Meridian Comprehensive Plan are applicable to this A-Z 8~9p3 application. " 5.1.6 -That .item 5.1.6 of the Original Development Agreeient, be amended by modifying the sentence to read: ":Thatfuture uses within the TN-C and C-Nareas will comply with the schedule of tcse for the ;iN-C and C-Nzone in effect at the time of building permit submittal; that a retail erocery store shall be allowed in the C-Nzoned~roperty at the west end o neighborhood center: that prior to issuance of any buildin~~ permit within the TN-C and C-N zoning area, a re-subdivision of the TN-C or C-N lot be recorded, and that with the re- subdivision application, the applicant agrees to submit eleti~ations for approval by the City Council; anGl that the cc-nstruction of any subsequent structure(s) in this area shall be generally compatible in appearance and bulk with the Cou~tcil approved pictures/elevations. " 5.1.7 -That ]:tem 5.1.7 of the Original Development Agreement, be amended by modifying the sentence to read. "T,hat the applicant agrees to eensa ~•-a ~•-~••=a~ ~' +c -- + Y J ~ ~~~~ ~ = E '-_:~-~-•~=a'-prepe~y; bu er the TN-C and C-Nareas wl!ere ~ t,_,Ye abuts residential zoningas shown on the modified Preli~Plat which is Exhibit D attached hereto and b _this reference incorporated herein as f set orth at len th. " 5.1.11 -That Item S. l .1 a of the Original Development Agreement, be amended by modifying the sentence ~to read: "T,hat public street access will be allowed to Victory Road, as approved by ACID; direct reside~ztial or individual commercial lot access to Victory Road shall be prohibited. " 5.1.14 -That Item 5.1.14 of the Original Development Agreement, be amended by modifying the sentence to read: "Ti'zat a maximum of 548 detached anG! attached residential units s~~- fa~rtily--leis shall be platted on this Property. Single amil~fetached lots. single family attached units wor orc~e housing anartments~ofts and a~~rdable housing units shall be allowed on this Pro~ertl:~ as shown on Exhibit E attached hereto and b this reference incorporated herein as ifset forth at length. which is a sumr~arv table of all residential living units at Cavannaugh_„ Staff comments: The proposed number of residential units (548) is not accurate; it reflects units instead of lots (units are not platted). Staff proposes t he following changes to 5.1.14 instead: "That a maximum of 348 443 single family residential lots;, Imulti-family residential lotto contain un to 32 anartm~ent units. 8 residential lots to contain ua to a total of 61 future condominium units. and' 4 mixed-use lots consisting of con~merciaUretail on the rst floor with 12 residential to ~~n the second floor shall be platted' on this property. A summary table is show~t in Exhibit E attached hereto, which is a summa of all residential ZlvinQ units at Cavanaugh." Exhibit A 5.1.15 -That Item 5.1.115 of the Original Development Agreement, be amended by modifying the sentence; to read: "7~iat the applicant agrees to providEr commercial design, building massing anc~ construction materials for this development as proposed during the Kastera Development public hearings .~ggg ~~ 5.1.16 -That the following be added as a new Item 5.1.16 to the Development Agreement: "Attached h~zreto as Exhibit F and b this reference incorp~~rated herein as if set forth at len h, is the Developer s prODOSed Phasing Plan for the Property. The City is aware that Owner is planning to transfer ownersh~of the propert~h at makes up Phases 4 - 8 o the subdivision to another i'~al entity or entities. Both Owner and Developer acknowledge and understand that a convE~ance ofpr~rty that has not been legally subdivided will require before a building yermit can be obtained to make improvements to the rp o~erty so conveyed a re-assembl o the a,~•cels as they existed before they were conveyed, or obtainment of pal plat ap rovG!Z or an arcel so conveyed consistent with the terms of this Development Agreement and the reliminary plat The property so conveyed and the owner or owners of such convev~~d rp operty shall be bound by the terms of this Development Agreement Owner agrees to retain ownersh~of the Caven home (Lot 1 BlocJ~ 34) and will not convey the home as.paYt o~ trans er ofPhases 4 - 8 of the subdivision " 16 -That Item 16 of the Original Development Agreement be amended by modifying the mailing address of the Developer and Owner to read: ]~EVELOP:ER: list Ka~stera Development LLC Attn: Var Reeve ~'^Q'~~;~;ssde~I'lae~,-ote~ 15711 State Hi wa 55 <~;as~le~t~f Boise, Idaho 83714 OWNER: l'~-;elks DBSI Tanana Valley LLC Attn: Var Reeve gI~1S;~~1:~esderrP4aee~~i 15711 Statelli wa 55 4~e~ Boise, Idaho 83714 SEE ATTA(:HED EXIIZBITS ON FOLLOWING PAGES: Exhibit A = :Legal description of entire Cavanaugh propert}~. (See annexation legal description fir Tanana Valley in original DA) Exhibit B = ]~egal description of the parcel to be rezoned TlV-C Traditional Neighborhood Commercial. (Included an Exhibit C of this report) Exhibit C = ]Legal description of the two parcels to be rezoned C-N Neighborhood Business District. (Inc~!uded in Ea:hibit C of this report) Exhibit D = ]Viodified Preliminary Plat of entire Cavanaugh property. (Included as Exhibit A.3 in this re~vort) Exhibit E =Summary table of all residential living units at ~~avanaugh. (See table below) Exhibit F =Proposed Pl-asing Plan for Cavanaugh. (Included as Exhibit A.4 in this report) Exhibit A r Exhibit E =Summary 'Cable of all Residential Living Units at Cavanaugh. Category of Living Units at Cavanaugh Total Number of 1Jwellin Units Single F;~mily Detached Residential 365 Single F;~mily Attached Residential*** ~g Loft Living above Neighborhood Retail 12 Condominium Living in attached residential structures 61 Apartment Living in attached residential structures 32 TOTAL UNITS 548 *** Note: Attached livnig units within the TN-R zone may or may not be attached; pending market demand and market conditions...the:refore increasing the number of detached living units accordingly (1:1 ratio). Exhibit A • B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on July 6, 2007 by Gregory Holkes~vig, PLS) uicluded as Exhibit C are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.2 PRELIMINAR~C' PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by J-U-B Engineers, dated November 8, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07- 014), ConditiorLSl Use Permit (CUP-07-017) and any applicable provisions of the previously approved annexation (AZ•-06-015) applications shall also be considered conditions of the preliminary plat. 1.2.2 The preliminary plat prepaz•ed by J-U-B Engineers, dated November 7, 2007, shall be revised as follows: a. A 25-foot wide stre~ct buffer shall be provided along the full length of the property along E. Victory Road, an arterial street, exclusive of ACHD's right-of--way including adjacent to the deceleration lane west of Standing Timber Way and adjacent to the school site on Lot 24, Block 8. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portions of the subdivision. Buffer`, in residential portions of the subdivision shall be placed in a common lot, maintained by the homeowners' association. b. A 20-foot wide street buffer(s) shall be provided along the S. Standing Timber Way, a collector street and all other streets classified as collectors including the future extension of Harris Street. The: buffer along Harris Street shall extend further to the east so that Lot 8, Block 43 does nor, have frontage on two streets. Said buffer shall be placed in a common lot or a permanent easement, maintained by the business owners' association in commercial portion.; of the subdivision. Buffers in residential portions of the subdivision shall be f~laced in a common lot, maintained by the homeowners' association. 1.2.3 The Applicant shall close and/or incorporate Rumpel Lane into a new public street (the extension of Harris Street currently on the west side of Meridian Road) constructed as a standard residential collector with a 3 6-foot street section. Harris Street shall extend from the intersection of Meridian Road to the intersection of the stub street (Reflection Ridge Place) from Reflection Ridge Subdivision; revi;;e plat accordingly. 1.2.4 Extend the four public stub streets provided to this property from adjacent approved developments as proposed. 1.2.5 Construct a stub street to the out-parcel on S. Meridian Road, and to the out-parcel on Victory Road as proposed. 1.2.6 The site/landscapE; plan prep~u-ed by Breckon Land Design on November 5, 2007, is approved with the following; modifications/notes: a. Construct a nninimum 25-foot wide street buffer along the entire length of Victory Road (including adjacent to the; school lot and the deceleration lane west of Standing Timber Way), exclusive of .ACRD right-of--way. Said buffer shall be constructed in accordance with the standards listed in UDC ]'.1-3B-7, Landscape Buffers Along Streets. Exhibit B b. Construct a minimum 20-foot wide street buffer along S. Standing Timber Way, Rumple Lane/Harris Street, andl all other streets classified as collectors within the development. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. The buffer along Harris Street shall extend further to the east so that ]:,ot 8, Bloch 43 does not have frontage on two streets. c. Per UDC Table 11-2B-3, Provide a 10-foot wide street buffer along all local streets in the C- N zoned portion of the development in accordance with the standards listed in UDC 11-3B-7, Landscape 13uffers along Streets. Parking stalls shall not encroach into the required buffer area. d. Provide a minimum 20-foot wide buffer on the southern boundary of C-N zoned property that is adjacent to residential uses. Landscaping shall be installed in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. e. A berm or b~:rm/wall combination is required to be constructed within the buffer along SH 69 a minimum of 10 feet higher than the elevation at the centerline of the state highway, per the standards listed in UT>C 11-3H-4D, Noise Abatement for Residential Uses along State Highways. 7'he Applicant may work with Staff to provide Alternative Compliance for this reauire~ment adiac:ent to the residential portion of the development f. UDC 11-3B••12 requires a minimum 5-foot wide landscape buffer on both sides of micro- paths, the 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal, and the 5-foot v~~ide pathway along the north side of the Ridenbaugh Canal, planted with a minimum of one deciduous tree per 35' lineaz feet and shrubs, lawn, or other vegetative ground cover. (fhe lana!scape plan depicts "existing trees" on the south side of the pathway; the plan should be reloised to include the size and botanical name of existing trees to determine compliance with UDC 11-3B-12. Also, seveYal of the micro paths do not contain the required .number of trees.) g. 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. Submit a plan with the fmal plat application. Mitigation shall be provided for all existing trees 4-inch caliper or greater that are removed from the site in accordance with the standards listed in UDC 11-3B-1OC.5. h. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff., The prece~3ing modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.7 The Applicant is required to provide a minimum of 27.6 acres (15.6%) open space as shown on the plan. Site amenities shall be provided on the site as shown on the site/landscape plan. All amenities and open space within each phase shall be installed prior to occupancy. 1.2.8 Per UDC 11-3H-4~C.4, construct a 10-foot wide detached pathway along S. Meridian Road within the right-of--way o~r a public pedestrian easement. 1.2.9 A 10-foot wide multi-use pathway shall be constructed along the south side of the Ridenbaugh Canal as depicted on the landscape plan and the Future Land Use Map. Exhibit B C~ 1.2.10 An 8-foot wide pathway shall be constructed along the north side of the Ridenbaugh Canal as depicted on the landscape plan. 1.2.11 Per UDC 11-11-3G-3B.5, tlhe Applicant shall construct 8-foot wide parkways within the development in ~~rder to cotmt toward open space requirements. If 6-foot wide parkways are constructed as proposed on the plat, the Applicant shall comply with the standards relating to root barriers in UDC 11-3A-171=i. 1.2.12 All future commercial structures proposed within the development that are located adjacent to SH 69, an entryway corridor, shall be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. The Design Review application maybe submitted with the CZC application. 1.2.13 A Certificate of .Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family and commercial structures within this development. All structures must substantially cornply with the photo collage and design features submitted with this application (see Exhibit A.7, A.8, and A.9) and the architectural standards listed in UDC 11-4-3-27E for multi-family developments. Additionally, the commercial building (grocery store) shown on Lot 3, Block 29 is required to comply with the design standards listed in UDC 11-3A-19C for commercial strut:tares located along entryway corridors. 1.2.14 A note prohibitnig direct access to E. Victory Road, except for the access points approved with this application, ;hall be added to the final plat. 1.2.15 A note prohibiting direct access to SH 69/S. Meridian Road, except for the access points approved with this application, shall be added to the final plat. 1.2.16 The alley proposed to be constructed between Blocks 26 & 27, and Blocks 24 & 25 in the TN-C portion of the development, shall be constructed in accordance with the standards listed in UDC 11-6C-5. 1.2.17 All signage for 1:he site requires approval of a sign permit. All signage must comply with the standards listed vi UDC 11 3D. 1.2.18 Permanent perimeter fencing shall be constructed on the site as depicted on the landscape plan in conformance with the stand~~rds listed in UDC 11-3A-7. 1.2.19 UDC 11-6C-3F prohibits blocks from being longer than 1,300 feet without a pedestrian connection; Block 43 exceeds the maximum block length allowed without a pedestrian connection. Provide amicro-pathway from the Hams Street sidewalk to the sidewalk on E. Frank Lloyd Street. 1.2.20 If permanent perimeter fencing is not provided along the boundaries of the site, temporary fencing to contain debris during construction shall be installed prior to release of building permits. 1.2.21 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.22 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of the Ridenbaugh Canal and natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled e~:cept when used as a water amenity or linear open space. 1.2.23 Pertaining to condition #7.1.19 below, the owner of Lot 24 Block 15 shall construct a uublic street in alignment with ME;sa Way on the north side of Victory Road. ia~ Exhibit B 1.2 2 Inch~de A nntp t>n-the fact' of the final nla re trictin the fiatnre strLCtnre nn >r.nt ~7 Rlnolr 36 to a 'nile-cf4~ residemce with a maximum bLil in her h of 22 feet 1.3 CONDITIONAL USE PERMIT -SITE SPECIFIC CONDITIONS OF APPROVAL 1.3.1 The site plan, attached in Exhibit A.6 of this report is approved with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-014) and Preliminary Plat (PP-07-015) and any applicable provisions from the previously approved annexation (AZ-06-015) applications shall also be considered conditions of the conditional use permit. 1.3.2 The existing Caven home :located on the proposed Lot 1, Block 34, is allowed to operate as a civic/social hall as requested by the Applicant or use by then .iahhnrihnnri ~.. eomm unity and shall be owned and m v K tera velonmen 1.3.3 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-7, which state that no outdoor event or activity center associated with the use shall be located within 50 feet of any property line;; and accessory sales and or distribution of beer and wine shall be allowed. 1.3.4 A Certificate of Zoning Compliance application is required to be submitted to the Planning Department and approved fir the change in use of the existing Caven home from a residence to a civic/social hall, prior to obtaining Certificate of Occupancy for the new use. 1.4 DEVELOPMENT AGREEMENT MODIFICATION 1.4.1 The previously approved Development Agreement (Instrument #106151214) shall be revised per the changes noted in Exhibit A.9 of this report. Said Development Agreement shall be signed within 6 months of City Council approval of this application. Contact Bill Nary, 898-5506, to initiate the draflting of the development agreement modification. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be via extension of main in Meridian Road the Black Cat trunk. 'The applicant will be responsible to install a portion of the Black Cat trunk along their frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. Also the applicant will need to submit plans to decommission th~~ private lift station that flows to observation point. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public `Works Department. The applicant shall execute standard forms of easements for an}~ 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 the existing mains in E Victory Road, and S. Meridian Road. Ihie to fire slow requirements the applicant shall be responsible to install multiple water connections ni E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 An ongoing study of the Master Sewer Plan is being accomplished at this time. There maybe a need to route a rru~in line trunk through this project. Prior to the construction plan approval the applicant's engineer shall meet with Public Works to coordinate this routing in the construction plans. 2.4 Sanitary sewer service to this project will be from the Black Cat Sewer trunk that is currently being installed. Portions of th.e downstream trunk are being installed by developers of projects Exhibit B ~ ~ along its route; other segments are to be installed by the City of Meridian therefore the City of Meridian does n.ot guarantee to the timeline for sewer service being available as established in the UDC. 2.5 The applicant sbu~ll be required to install a flushing station along the Ridenbaugh Canal, design and location to tie coordinated with the Public Works Department. 2.6 Due to existing t~~pography, this development will have two separate water pressure zones. The applicant shall bye required'to install pressure reducing vaults to ensure the separation between the two zones is not compromised. 2.7 A portion of this development is serviceable by the existing pressure zone; however the remainder of the property c:annot be served by municipal water until two sources for the new zone are established. Th~~ first source would be from a well lot which the developer would donate to the City of Meridian or a connection to the high zone being established in the development to the south. The second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with the Public Works Department regarding this condition and it may be wa ive if the two sources of subsequent development warrants it. 2.8 Any potential water or sewer line reimbursement agreements must comply with all requirements of City Code 9-].-13 and 9~4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.9 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation systemva this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requu•es that pressurized irrigation systems be supplied by a year-round source of water i;UDC 11-3.A-6). The applicant should be required to use any existing surface or well water for tb.e 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. 2.11 If "stair step" grcding of lots is constructed then the side lot lines shall be laid out as to allow for the sloped portion of the lot to be owned by the lower lot. 2.12 Any retaining walls greater than three-feet in height shall be engineered. 2.13 All existing structures not meeting setbacks or dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applic:ant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Additional widtb~ to the pubaic utilities, drainage and irrigation easement along the right-of way shall be dedicated where the; sidewalk is located past the right-of--way. The additional width needs to be sufficient to allc-w for 10 feet of easement past the sidewalk. 2.16 Any existing dorestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.17 All irrigation ditches, lateralls or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersectnig, crossin€; or lying adjacent and contiguous to the area being subdivided shall Exhibit B be tiled per UD(~ 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. 2.18 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots co~~structed, 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. 2.19 A letter of credit: or cash swrety 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. 2.20 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. 2.21 Applicant shall lie required to pay ]Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.22 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans v~~ith Disabilities Act and the Fair Housing Act. 2.23 Applicant shall tie responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.24 Applicant shall tie responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or• near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.26 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving eangineered backfill, where footing would sit atop fill material. 2.27 The engineer shz~ll 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. 2.28 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 desig~r and permit from the Public Works Department prior to commencing insitallations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval e~f the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hyd~~ant markers shall be provided per Public Works specifications. Exhibit B d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hyalrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydfrants 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 a~•ound. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and .internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanetrt street signs and access roads with an all weather surface are required before G~mbustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 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 ba~~k of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 Commercial and office occtapancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The proposed multi-family lot has an estimated 105 units. The Meridian Fire Department has experienced 2612 responses iin the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year ;ZO10. 3.11 The 13 office%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of ~~his project be equipped with Opticom Sensors to ensure a safe and efficient response by fire ;and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of tl-e building;; located on this project must be within 150' of a paved surface as measured around the perimete7 of the building. 3.16 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 a~~proved 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 Exhibit B throughout witY; 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). 3.17 All R-2 occupan~;ies with 3 or more units shall be required to be fire sprinklered. 3.18 There shall be a lire hydrant within 100' of all fire department connections. 3.19 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.20 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fiire 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. 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (°~0') of the alley entrance as measured from the centerline of the alley. The minimum rear setback :for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet o:r 18 feet to ithe garage if the alley width is 20 feet. 3.22 Multi-Family andl Commercial projects shall be required to provide additiona160" wide access point to the building from the fiire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided nn such a manner that the most remote part of a building can be reached with a length of ]~ 50' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls maybe included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.23 Residential units proposed over commercial uses will be required to be fire sprinklered per NFPA 13 standard. 3.24 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should be allowed to/from the school site. 4. POLICE DEPARTMENT 4.1 A road connection from Victory Road to Intelligence Street shall be constructed on the school property. No direct access to Victory Road should be allowed to/from the school site. 5. PARKS.DEPARTMENr 5.1 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major ~u-terial to another, and either an easement or ownership deed must be granted before the city wi Il assume the maintenance of any section of pathway. 5.2 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) •will be followed. 5.3 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. Exhibit B 6. SANITARY SERVICE. COMPAN`-' 6.1 Prior to issuance: of a certifiicate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure: access: T'he applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimiun of 60 ft. frontal clearance for such containers. 7. ADA COUNTY HIGHf WAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1.1 The City of Meridian, the applicant and ITD should work together to determine if additional right-of--way or improvements are necessary on Meridian Road (SH 69). 7.1.2 Dedicate a total ~~f 48-feet (•or 38-feet with the sidewalk in an easement) ofright-of--way from the centerline of Victory Road abutting the pazcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair maziket value oiE the right-of--way dedicated which is an addition to existing ACRD right-of--way. 7.1.3 Construct a 5-foot detached concrete sidewalk abutting the site on Victory Road located a minimum of 41-i eet from the centerline of the roadway. If any portion of the sidewalk is located outside the publi~~ right-of--way, the applicant shall provide the District with an easement. 7.1.4 The District recommends that the applicant construct a 5-foot concrete sidewalk across the two out-parcels along; Victory Road on either side of the proposed school site. This sidewalk should either be constructed within the existing right-of--way or within an easement provided by the property owners. (The Citv ofMeridian is not requiring a sidewalk across the Grange Hall propes~v but recommends that the Applicant work with the Grange and the developer to the east to install a sidewalk across the Grange property.) 7.1.5 Construct an eastbound right: turn lane and a westbound left turn lane on Victory Road into the site at the intersection with Standing Timber Way. Dedicate the additional right-of--way necessary for the turn lanes without compensation. The widening of Victory Road for the auxiliary turn lanes may necessitate the widening of the bridge west of the proposed entrance road. If the bridge widening is necessary to construct the pavement tapers required. for the turn lanes the applicant shall be inquired to design and construct the bridge widening at that time. 7.1.6 Construct a commercial entry road to intersect Victory Road, S. Enter Way, located approximately 670-feet east of Meridian Road. The roadway shall be constructed as a 40-foot street section with vertical club, gutter, and sidewalk within 54-feet ofright-of--way. S. Enter Way is required to align centerline to centerline with Emerson Street on the north side of Victory Road. 7.1.7 Construct the internal comm~,~rcial roadways identified below, as proposed. a. S. Entry Way., E. View Water St, and S. Thisa Way, and E. Boazdwalk Row between Thisa Way and Standing Timber Way are proposed to be constructed as a 46-foot street section with vertical c;urb, gutter„ and 5-foot attached sidewalk within 54-feet ofright-of--way. b. E. Summer Walk Way, is proposed to be constructed a 36-foot street section with vertical curb, gutter, and 5-foot attached sidewalk within 50-feet ofright-of--way. Exhibit B • c. E. Boardwalk Row from S. Enter Way east approximately 250-feet is proposed to be constructed with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter and concretf; sidewalk within 75-feet ofright-of--way. d. E. Boardwalk Row from S. Thisa Way west approximately 180-feet is proposed to be construct with 11.5-foot travel lanes, 19-foot diagonal parking lanes, vertical curb, gutter, and concrete sidewalk withiin 75-feet ofright-of--way. Construct the remainder of E. Boardwalk Row with diagonal parking or with no on street parking in that location. 7.1.8 Construct one right-in ONLY driveway located approximately 1,250-feet east of Meridian Road. Coordinate the exact locaticm, design, and signage with District Traffic Services staff. 7.1.9 Construct the commercial driveway located of off the commercial entry road (S. Enter Way) no closer than 50-feet from Victory Road. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. Commercial driveways are restricted to a width of 36-feet. 7.1.10 Construct the entrance road,. Standing Timber Way (intersecting Victory) as a residential collector with vertical curb, gutter, and 5-foot concrete sidewalk, from its intersection with Victory through the site to the south property line crossing the Ridenbaugh Canal. The street should be constructed as a boulevard style with a 27-foot wide islands and 21-foot street sections on each side of the island. The centE;r islands shall be owned and maintained by the homeowner's association. If airy portion of the sidewalk is located outside of the public right-of--way, the applicant will be required to provide an easement. The applicant shall re-design the center island (to be no wider than 12-feet;l at the intersection of Standing Timber Way & Victory to allow for simultaneous left and right burns (eastbound and westbound) on Standing Timber Way. 7.1.11 Construct Harris Street, the entrance street intersecting Meridian Road at the half-mile, as a standard residential collector with a 36-foot street section (vertical curb, gutter, and 5-foot concrete sidewallc on the north side of the road and a gravel shoulder and barrow ditch on the south.) from its uitersection with Meridian Road to its intersection with the stub street being extended from Rf:flection Ridge 7.1.12 Provide a road tntst deposit with the District for one-half of the cost for the design and construction of tb.e signal for the intersection of Hams Street and Meridian Road (SH 69). When the property on tYie west side: of Meridian Road develops, the road trust deposit funds can be utilized to constrict the signal at that time OR at the time when TTD approves a signal in that location. Design Harris Street to accommodate a future signal at the intersection with Meridian Road. 7.1.13 District staff recommends thst the private lane, Rumpel Lane, be closed and/or incorporated into the new public street, Hams Street, and that all access be taken to the new public street. The City of Meridian and TID should coordinate on the future closure of this roadway to ensure that only one street intersects Meridians Road at the half-mile. 7.1.14 Construct the internal local sttreets as 33-foot street sections with rolled curb, gutter, and 5-foot detached concrete sidewalks within 50-feet ofright-of--way. Receive written approval from the Meridian Fire Department for the reduced street section OR construct the streets as standard 36- foot street sections. (The City of Meridian recommends thatACHD review the possibility of usins a vertical crarb in lieu wf rolled curb.) 7.1.15 Construct two 20-foot wide alleys in Block 21 & 22, and two 16-foot alleys in Block 26 & 27 and Blocks 24 & 25, as proposed. The alleys shall comply with the following policies: Exhibit B • Minimum right-of--way width is to be 16-feet. • Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. • An access to an alley shall be located a minimum of 25-feet from the nearest public street. • A minimum of back-of-curb radius of 15-feet is required at all alley intersections. 7.1.16 Extend a stub sn•eet from th.e east and from the south from within Tuscany Village Subdivision. 7.1.17 Extend a stub street from the east within Reflection Ridge Subdivision. 7.1.18 Construct a new stub street to the south and one to the east to the undeveloped parcel. Install a sign at the termvius of the roadways stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If tree stub stree:ts are greater than 150-feet in length, provide a temporary turnaround at the terminus of the roadways. 7.1.19 Construct a public street in alignment with Mesa Way on the north side of Victory Road. Mesa Way south of Victory Road will be required to be constructed in alignment with Mesa Way (centerline to centerline) on the north side of Victory Road. This roadway will be required to be constructed as otie-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk on the ~~vest side, a minimum of 24-feet of pavement, and a 3-foot gravel shoulder and adequately sized barrow ditch on the east side of the roadway. This road will be required to be within a minimwn 40-feet ofright-of--way. If an alignment with Mesa Way cannot be achieved , the applicant should re-desilm this portion of the site to provide another local street access for the school site. ~ City of Meridian is reauirine the owner of Lot 24 Block IS to construct this yublic street -see condition of approval #1.2.23 above.) 7.1.20 Submit the bridge plans for ithe crossing of the Ridenbaugh Canal (Standing Timber Way) for review and approval prior to the pre-construction meeting and plat approval. 7.1.21 Other than the access specifically approved with this application, direct lot access to Victory and Meridian Road is prohibited and shall be noted on the final plat. 7.1.22 Comply with all ;standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irri€;ation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or ~~vater systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocatilon 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 co~istruction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards acid approved supplements, Construction Services procedures and all Exhibit B applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall preparr:. and certify all improvement plans. 7.2.8 The applicant sYcall 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 Cc:~unty Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will lre based ors the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACFID shall repair existing utilities damaged by the applicant. The applicant shall be required l.o call DIGLINE (1-800-342-1585) at least two full business days prior to breaking; ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-15190 in the event any ACRD conduits (spaze or filled) are compromised during any phase of construction. 7.2.12 No change in the; terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of'the Ada County Highway District. The burden shall be upon the applicant to obtain written ce~nf~rmation of any change from the Ada County Highway District. 7.2.13 Any change by tlhe applicant in the planned use of the property which is the subject of this application, shall. require th;; 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 Distric::t 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 cb~ange in us. ; is sought. 8. CENTRAL DISTRICT HEALTH I.IEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage acid central water. 8.2 The following pl,~ns must br:, submitted to and approved by the Idaho Department of Health & welfare, Division. of Envirorunental Quality: central sewage and central water. 8.3 Run-off is not to create a mc:~squito-breeding problem. Exhibit B C. Legal Descriptions <~C Exhibit Maps for Property Proposed to be Rezoned • 1Q-1~6•D74 tutee .Eut3+ ~, 2tb7 e z2, IOD7 r~vi ~-~. ar ~tietrco-~c~.w PUBttC :att`R~K~ eeax. O~RAtI CAVAJ~tAt~Gii ~ SQE That portion of the t+br#twest ~ ~ 5ert 30, ~owtu~st 3 t~t'tit, Range 1 Bast, 8otse Mme, Ada ice, and ntt p$rt9cttiarty E ~ ~ 9 ~ tortrra' of Set~ttn 30 from whicfit the Ntst'ttt Ya totem of said Sedan 30 bears tdo~h 89°~Y2" ~St, Z~•~0~.83 fees, t~en~ slang rtte iy bo„n~~, lima of r3a' I~kar<hk ~ i 85 42f14° 651t.ifQ few t4 the FOtt43' ~F ~GflVi~ilAlG aa:~ntt8tg along sedd Ncrth~riY botutdaty tine Wirth 89'42Y~9' F.aat„ 1,236.83 feet; tithe Smt~tt {gi°17'39" ~, 35D.~ at~g a cage ~ the right 317,5{1 feet, F~auing a t~diats crf 317.54 feet, a delta of 57' 17'45", and a ~,*~4#Yd VMh~G31 'SDItt.~128' Z1`a1" WeSta 31W.d4 felt; thence South 57'4328" WeSC, 4b.'l9 feet; atom a cause to the Left 297.E ~ having a radit~ of 682.5t1 feet, a delta of 19'S4`a4", and a whirls bears Srt 4T'~{6Z5` t+fes9:, 285.87 feet; So+~t 35°43'27° West, 50,{[O few the+a slang a curve to thin {Sfi 173.58 feet, a raditg of 53D.~ f~ a delta of 18'44"34", and a ~ baud wMc#t mars Sata~t 26"21'14' Yve~,172.73r feet S 19°tt+t'Sfl" , 7.89: fees eo the Northrrtyrust-af-way t~P t#te R3de~augll. Camel: theta akmg safd rf~t-a-f-way ~e~ tnttaw>ng 3 casus~s 9. Nt8'th 74°55'tb West, 9t~1~.88 feed ~ thersce siensg a etarae ffi.the rtgttt f 16.89 having a raeRus of 2S0,4D tit, a deli of ZG'~'48 , stud a lalg c9tord whldt bears Nye 5T:t9°52" West„ 115.79 3. i 44°l1IS~8°'fMi~ 32@:sb~t fee~'to the Easterly tight-of-way of S~criPt AAaridiatt Rd.; theme atottg said ri2ist-®f"'Y~3y Pt~#i thi'25'3g' FA&t, ,275.4$ feet; b7' 1(1`51" 68.39 feel to the Sautlterty -~'wa}+of E Yictotjy ftd.; thertee alsmg said rtg~tt-ot-way Notch 85°5if4S" Esc, 89.71 feed atom said rlgftt-of--moray North Bg'Z4'9tP 430 98 feet; the~bca Nt~t'tlt ~`17'S1" Wes, 3Z.lAD feet Lo tius t"t'hNi' OF BEGINNING. Co 31!.474 ttctes, mare s J-tt-B inc. RomsWlh. lat..S.. i~FI:CaEH:titt ft.~?SR9Q-0B~d# - Stt~1110-~}~J4-Ad~1kt1 4Q 9h Camtaerd~l~.doc Exhibit C ~, n! ~~V, ~~ ~~ FJY_ --. ~ Nf.]~'k4~ 7~RT4C J1r~: ~ ~i7.3itli VGVEN©~Y7 ,~~~ CAV'~IAU~! X1141. aywm~re~na ramp All. ~1AL 81'f'E Exhibit C P~raJ~~; ~~'~S Jtt~y'~7 7 ~~~~., ~ESCRtP~7~N ~V;~AUGH Ctf L SITE TQ CM EAST' c~nuie~ elorgQ f~f lfir~, i~aa~d189'4Z~" ~33~.45 test; ~~rr~h ° 97°9" East, 35El.d~ f tie a~ ~ ~ W I'.C~ t 26#i.~5 fit, havFi~ s its ~ 397 50 ~'~~, a d~l#~ t~f ~•~2'SC~', a~cE ~ LC9Pt~,'tl°l'~ 4r~~h #~tr5 S~,1t`~1 "~~:~" 1'~~SC, ~5~.5Z ~, ~ ~ ttJF~VE ~fi1 ~~EC~ [eft 97'~„3~ ~@@t, ~ 2t ~r t94~;iS Of ~{~.~ #~Ek~ 8 d@Qta ~~ 5f'i~"e ~ e 'TIC' ~i#1!~ ~'99'~i" Wes, ~i.4~' fiE-8tf ~' 48`49` Wesfi, f33,7`~ f~Y; atnr~ a c~zrv~ ~ tt~ r9Eht °pb8.~f !` ~ t~dfcs afi }.p~ feet, a cletEa a-f 48"~`~~°, and ~ v~rira~t 6eacs Werth ~4`t" YV~, 9~3.9A fit; tFy~t Pfortr~ ~®t?'9 5" Wig b79~ few tts tt~e FCi#N't' t?~ ~IEGCI~I,~G, 'bung 5.'#29 Wires, t~t~ +~r less. Reye~p®®ar~~~gqd~~~±+b!~ e{~ _~ ~rY' ~ H , P.L.a. ~Y ~'~ ~Df~it,$ .f~ 1; C~:'e • ~ias~ra Evan; S~s114~6•Ek~t-Ad~3~iFtu7A~-A~q~C6cs•,~nau~ ~antial S~tlr:t~•t t,~e Exhibit D 84 f9 E ~sa~ro Exhibit D E ViC10RY R411D 18 i ~ ~ 5:1?8 A17~S I 1, ~8~ 1u-~-o7a i>ate: .heft' S, 2f#J9 PARCEL DESt9tI PT11)11 GIVANAUGH CC;Vu1tl~lAt. 5f1'E Zt7NE Tilt: t~,,,,,~nThat Pell o#1tte Northwest 9re of Sectli$e 3fl, Town9tdp 3 N1rrUL 1 ~, BalsefEer4dian, Ada "°""'+fa Idai9e, end rrlore paltictlj$rly dm a8 folleV~ Q FN6YtRaY86t C'BPiI@r at 58?R~n 30 irarn M1dch the I~brtl1 YS C4rrtC•1' ~'~~ SExtion 30 East, 2,450.83 feel; ltla7l!'8 a($Rg d1a North 89.42'09° East, 931.50 feet to t11r i~gi;ri: t1F BEGIi~Brft€~y boutt~ry Urre of the NoPU9west'/. ~ txxltbndreg along Bald Una. NorCf1134'42'04°E~sy 611.89 feltt; Chance Sauth 00' i T15' East, b7.92 feet; them ahmg a rarrve to the left 168.91 feet, hav1r18 a radlta of Z00.~ feet, a delta ai 68'2324°, eRtd a hsrg Chord which bears South 24'28'S?' East`, 183.94 feet; tismtta South 48'4039° East, 133.72 feast; thence South 03°40:?9° ~ 777.9p testa North 8b° 1927° East 56,47 feet; the9aa$ alcutg a curve to the rlgtrt 199.30 fE~t, havlr>Q a radfia of 200.tt0 feet, a delta of 5f'21'Sq', and a ~ chord which tars South 87'59'42° EesC, 173.35 fit; ~1®f ~ EE~ssy~~.of ~ 143~5`arwa a~ a ~ Sent wive to the rr~1t s1.25 rase, havlag fart; ~g cittfd whidl bears South 52'2228 West, 51.20 thence South 57'4328'tVe~, 4b.19 feet ~ arl'd~gWhich bears South 47''187,8" West, 87 feeC of 68250 feet, a de1ffi of 14.54'04', ar9d a thence South 35'4327" West, 50.00 fret; Cherne along a curve to the left 173.E feat. having a radius of 530, 56 fe&f, a delta of 18.4934', and a tang thoatl which bears South 26'21't0.4'Iest 172.79 feat; tlsence SoutJ1 19.04'50' West; 7:82 fret Ca the NnrtBerlyright-ot-way of the R~ rderll~ugll Garret; the along mid right-ef-way idmth m°ss16° vrest 782.91 rase; therxe North 99'0944' East, 43.80 mat; 60'3827" ~aa~ tangetrt Hove W Ute riptrt 903.84 feet, havhlg a radft+s of 100.00fe~et, a delta of ~ Ctrord whk39 trearB North 11'1424° Wes, 100.97 feet; thence NoR11 19.095{l° Last, 923.38 feat; therar alan8 a nave W the left 1a0.73 Peet, havla8 a ia6Ha cf 298.00 Pew, a delta of 19.22x05°, artd s 1x18 dt9rd whldl bears North 09.23'4T Fatt, tap.26 feel; t1~nc4 North 04°77Y5' west, 386.10 fast Co tt~ POIN1 OFBEGINNBdG. tbrtialnMg 96.489 acres, mma or less. Y FAMid~.lai. __ ~rBmY E licllcesvtg, P.LS. ~~' . is I~N6g ... F, a _~ ? (a ~P~poA~b~> ~ vpa. Allli ;!l%! C ix~s o >~ Exhibit D ~~ p~ ~~ ~~ ,~~, y~/ J ~ . 's7~a~tDIAA1 FiJBL~ ~I SC~4LE: i°~2 cuRV~ T~~ ~~ ~~s ~~ `~~ iawew~ ~cENa ~ ~~ - - - e~ uuo ___ ~,,~ ~'i tai ..,.,p, s~~~ . ~.,r.~ Exhibit D •~ ~rs~~~ 1~-Qtr-~87~ !?~f~?'f~+i ~ ~ ~ ~f ~ ~ ~ 347 7' 3 ~Ct, ~~ ~ #, A~r~iars, auto, 8 ~xts~ ~ ~ ~ ~s #'as: t~ ~,t ~1a#~'t+~st ~' ~f _ 3~ ~'r~rt wht ~h ~a of ~ ~ 3{~ ~~ ~I~r~#i '~ , 2,41.5 a`, Cft~at~ ~ N ~ 6~a~rgr ~~ ~+f t ~t ~a t~rth , &~'r9g t ttr ~ F'~1i~' d~~ t61J~G, ~, ~ id 44~f~'~~'" ~~~ ~~9.b4 f~i [ E~~~rl~ ri~Fr~~•way ~ Jl~erfr34a~ ~~.; ~~~ ~i~xt~ std rift;- ~ ~ C-~p~~°3~° Wit, ~~3. f C~ ~~ b?'1fl'~t° F X5.31 f~~ t~ t-h~ ~r'iy sf~-df- CIF ~. V~qr .; t~~~c~ ~ ~~ 1-it-~+ 6~t~rc~ 8~5'~'4~'" ~ 8.74 fc; i {~~L ds~~c~ ~~ ~+~"~T31 ° VV' 3~2,Q4 fe~+t E~ ~ ~~' S~itl~+[~. ttt 8.~u61 , ~ tom. ~T~ 1=1~~ ~a1 ~ late. ~. E~~lls~, P.l,.~i. ~,, k~IE~~Gw~,W #~#~1.1~ 1i}t~~kFt~ ~~~~`~ .qg~ e 7a - . ~A~~ ` +w+f~~il~aiAl~d~ A' ~Q~i~ I~lAd70bl~ /~e~~ Fi ~ 3 ~ T1' Exhibit D s ~ __._ ~~ ~~ .~__ :, f. ,~ E ~! 18 LEGEND I CURVE TABLE I a~ ~ a~u ~ ara+o --- ® ~~ -~- ~.~ t~u~ ~V~u ~~ ~ ~ ~~~ a~ sT Exhibit D • D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. l[n order to grant an annexation and/or rezone, the Counciil shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone a portion of the subject property to C-N and TN-C. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the C-N and TN-C districts, which provides for the retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. (See Section 10 of this report for more information.) c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written tc;stimony 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 subdi~zsion providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). This fmding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Cowncil shall review the particular facts and circumstances of each proposed conditional use vu terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. A CUP is requested fer the conversion of an existing home to a civic/social hall for the benefit of the neighborhood and community. The City Council finds that the site/landscape plan submitted with this application and the conditions of approval in Exhibit B, the site is large enough to accommodate the proposed use and meet all other dimensional and development regulations of the R-8 district. Exhibit D C • b. That the proposed uses will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use of the property as a civic/social hall complies with the objectives of the Comprehensive Plan and the requirements in the UDC. c. That the design, consl7ruction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed use of the property should be compatible with adjacent proposed residential uses in the general area and will not adversely change the character of the area, if the conditions are adhered to. d. That the proposed use„ if it complies with all conditions of the approval imposed, will not adversely affect othher property in the vicinity. The City Council finds ghat the proposed development should not adversely affect other property in the vicinity i.f the applicant complies with all conditions of approval listed in Exhibit B of this staffreport and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the proposed use of the property will be served adequately with essential public facilitiE;s and services. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not bey detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains necessary to serve this property. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds tYiat the proposed use of the property will not result in the destruction, loss or damage of any natural feature(s) of major importance. In fact, the proposed use of the property will preserve a iuuque structure that can be used and enjoyed by the neighborhood and community as a whole. Staff recommends that the Commission and Council reference Exhibit D • any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. ;itaff supports the proposed density and proposed plat layout, with recommended changes., as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords that public services are currently available and will be extended to the property at the developc;r's expense. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Couuncil finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development willl not be detrimental to the public health, safety or general welfare; and Staff is not aware of zGny health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD 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. Exhibit D • f. The development preserves significant natural, scenic or historic features. Except for the Caven home, which is proposed to be retained as a civic/social hall and the Ridenbaugh Canal, wruch is to remain open, Staff is unaware of any natural, scenic, or historic features on this site. The City Council fmds that the proposed development will not result in the destructiory 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 ~aatural or scenic feature(s) of major importance of which staff is unaware. Exhibit D • January 18, 2008 AZ 07-012 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT CenterCal Properties ITEM NO. 5-J REQUEST Endings for Approval -Request for Annexation and Zoning of 258.39 acres from RUT to C-G zones for Meridian Town Center -northwest Comer and Northeast Comer of North Eagle Road and East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ftndings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: p~ CITY SEWER DEPT: U"~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: " ~ Phone: ~_Staff Initials: shall become property of the City of Meridian. CITY OF MERIDIAN (~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! D A H o DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 258.39 Acres from RUT & R6 (Ada County) Zoning Districts to the C-G (General Retail and Service Commercial) Zoning District, for Meridian Town Center by CenterCal Properties, LLC. Case No(s). AZ-07-012 For the City Council Hearing Date of: January 8, 2008 (Findings on the January 22, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 8, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 8, 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-07-012 -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, Conceptual Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 8, 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 Annexation and Zoning request as evidenced by having submitted the legal description and exhibit map, prepared by Michael Byres, dated 8/20/07, is hereby approved per the provisions in the Development Agreement; 2. The property described in the Annexation & Zoning legal description shall be zoned C- G as recommended by Staff and approved by the City Council; and 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 January 8, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of January 8, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-012 -2- Z2~`d By action of the City Council at its regular meeting held on the ~' day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ I~/~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ (~' C.~- COUNCIL MEMBER KEITH BIRD VOTED__~~-- TIE BREAKER MAYOR TAMMY de WEERD VOTED `~ ,o~~R - J DE WEERD ~ ~°_ ATTEST: ~ ~~~"~ ~~ `+ ,~ '~ ,~ ~ e ~~ ILLIAM G. BERG, JR., ~,L ~,y- 9~~ ,'~ a®>` Copy served upon: pplicant~~~~'1"°~ ""~~~®~\ ' g Department blic Works Department City Attorney B Dated: I '2~ ~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-012 -3- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 STAFF REPORT HEARING DATE: January 8, 2008 E IDIANI,--- TO: Mayor & City Council IAH FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: Meridian Town Center • AZ-07-012 Annexation and Zoning of 258.39 acres from the RUT & R6 (Ada County) zoning districts to the C-G (General Retail and Service Commercial) zoning district. • VAR-07-017 Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2 right-in/right-outlleft-in access points (one on each side of SH 55). 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation and Zoning of 258.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (This is the annexation area, the actual property is approximately 244 acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half mile between section line roads. The Applicant is requesting approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street); a Variance is not necessary for this access point as it is located at the half mile mark between section line roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail area (retail, anchors, shops, &c pads); 897,300 square feet of office area; and 354,850 square feet of residential area. The plan also shows access points to/from SH 55/Eagle Road and E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River Valley Street from SH 55 to Records Road, and driveway connections into the site from Venture Street at the east boundary. The subject properties are located on the northeast and northwest comers of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the original concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2007, included as Exhibit A.6), which added floors to proposed Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.8. Z. SUNIMARY RECOMMENDATION Staff recommends approval of AZ-07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not requited to make a recommendation on the Variance application. NOTE TO COMMISSION/COUNCIL REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN This is a large project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail in other areas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the project is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east corner of the annexation site. His intent is to develop the property as a pazk and dedicate it to the City. The plans for the pazk site aze still being developed and we have no details at this time. With regard to the northeast corner of Fairview/Eagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan for this area. The remainder of the property will be held by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it maybe just as likely developed by another group. This being the case, the applicant has requested that Staff prepaze the report by analyzing the property in three sub-azeas related to such future ownership. Staff has provided unifying concepts for all three sub-areas, provided detailed recommendations on access, and proposed a squaze-footage limit for the proposed office, retail and residential uses on the subject site. However, many of the other Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request are not included herein (e.g., elevations). Staff recognizes that the mazket trends over time will affect how this property is developed and flexibility is necessary given the size of the development. Staff has prepazed a staff report that we believe provides adequate assurances that this property will develop in a manner that is in the best interest of the City. Staff recommends that the Commission and Council include any additional DA provisions that maybe appropriate. The Meridian Planning & Zoning Commission heard the AZ reauest on November 15 2007 At the public hearing they moved to recommend approval of the subiect AZ reauest a. Summary of Commission Public Hearin: i. In favor• Ashley Ford, WRG Design (Applicant's Representative)• Jean Paul Wardy. CenterCal Properties (Applicant); Andy Wilk. CenterCal Properties Lpplicant); Lars Anderson Bach Builders• Chris Brand, Petra Inc • Michael Ballantyne (representin the Kleiner'sl ii. In opposition: None Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 iii. Commenting: Victor Villegas (representing Blue Cross of Idaho)• Scott Stanfield, Mason Stanfield Engineering (representing Bach Builders) iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Kev Issue(s) of Discussion by Commission: i. Pedestrian and vehicular traffic between the sites across Eagle Road• ii. The extension of Records Road from Fairview Avenue north to River Valley Road and the extension of River Valley Road from Eagle Road east to Records Road; c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for Citv Council: i. The owner of the parcel west of Eagle Road questions the need for three pedestrian systems (the multi-use pathway along Eagle Road, the multi-use pathway along the west property boundary. and the sidewalk associated with the publidprivate street through the center of the site) on the property Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 aAn roved by AC13 D and ITD and ca not b e eva luated u ntil a traffi c 'mnac v has been co mplete _" ii. dd a Develonme nt AQreemen nrov i ion 'n DA #2 and DA # a fo low " ' aht-of-Way sh a I be de icated for he a en ion of Re cord Roa d and 'v er Valley Stree t. if right-of-way i s not d edica ted dipa ntly adia~Pn t to the ern property boundary of he ite. cro -a cce ha 1 be provid ed to th pro perty to the no rth so that a spite strip is not created Con tracti . on of River all ey Street and Record Road chi 1 take place wi h th e initial phi s of he pro iii. dd a Develonme nt A~reemen prov ision in 1)A #2 ac fn llnwc• "Ow ner hal id ' prov e a second n athwav running g enerall y no h-soa h from Fa r vi -w Avenge 'ver Valley Ro ad in addition to t he 1 ' m lt i-ace nat hwav along FaQle i2nad Ow ner shall not b e rea iced to con t ra a t ird north-s oath nathw av for the_ es t Parcel. Ti c second nathwav s hall s rye a c the mu lti-77RP n9t1 1maV reau ired by the Pa thways Plan and ha 1 be en era lv sit uated L th e western one half of the West P arcel. from the en eral vic init y of the 1 /R mile line v u a,p~t of Road. with a llowance made for he fi nal l ocation o f he 1/8 file acce s o air view Avenue. to the wec bo ~nda rv a r ou h ly 1/ mil e from .a le Road he nathwav may run cenara a from or in c o n ection wi h a rive a i le or road• will satisfy bot h the Pathways Pl an rea nire ment and the roa ' e walk/nathway rea firemen if i i run i n co nection wi h he ro ad The way maybe c onstricted ac a det ached ' i dewa k w i h _ 'land cane strip or a s a 10' multi-a se nathwav": iv. dd a Develonmen t Agreement nrov i ion 'n A # a fo low : "The inn i an ld k ith t h di d l ' ou wor w e a acent eve o per o the oath ~D eveloner Diver fiedl ins the'r off er to hire traffic and e nera l knowle dge of he a rea": v. dd a Develonmen t Agreement nrov i ion 'n DA #1. & DA #2 a fo lo w ~ ricultural use 'ncla inu nrodacti on of C ron ha 1 co ntin ~e o b e a Lowe er annexation a s an urban farm a e w fis h i a nrinci nal ne fitt ed a e tinder LIDC 11-4-3-28 an d 11-2R-2 " 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07- 012 & VAR-07-017 as presented in the staff report for the hearing date of January 8, 2008, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-012 & VAR-07-017 as presented during the hearing on January 8, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- 07-012 & VAR-07-017 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject properties are generally located on the northwest and northeast corners of SH 55/N. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Eagle Road and E. Fairview Avenue, in the southeast % of Section 5, Township 3 North, Range 1 West and the southwest''/a of Section 4, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: 51105449011; S1104346603; and 51104438800 Although there are only three tax parcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation (one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle Road/3600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Tigard, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5 million square feet of retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest comers of Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. (Please see Applicant's narrative for more information.) 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 & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17~`, 2007 and October 1St, 2007 (Commission); December 17.2007 and December 31, 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: September 7t", 2007 (Commission); December 14.2007 (Gifu Councill d. Applicant posted notice on site by: September 21, 2007 (Commission); December 7.2007 (City Council Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT (Ada County); and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & Rl (Ada County); Bank, zoned C-G. 3. South: Commercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4. d. History of Previous Actions: None e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Eagle Road Location of water: N Eagle Road, Venture, Tweedbrook, Fairview and Chateau Drive. Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected or mitigated for when this site develops. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Irrigation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast comer if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that maybe required with development of this site. 5. Hazards: Staff does not know of any natural hazards associated with this property. 6. Proposed Zoning: C-G (General Retail and Service Commercial) 7. Size of Property: 258.39 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately 1/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-outJleft-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval. However, due to the size of this project ACRD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. 7. COMMENTS MEETING On September 14, 2007, Planning Staffheld an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in three Development Agreements. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R designation allows for over 200,000 square feet ofnon-residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • 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 will be extended to the project at the developer s expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for a mix of uses on the Comprehensive Plan Future Land Use Map. The applicant has proposed a horizontal mix of uses including park site, retail, office, and residential. The applicant has also proposed some vertical mixed use in the CenterCal portion of the development. Staff believes that over time, a variety ofpublic recreation, commercial, retail, office, and residential uses will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 35 foot wide landscaped street buffer will be required along E. Fairview Avenue and N. Eagle Road, classed as principal arterial streets and entryway corridors. Buildings and parking will be set backfrom these streets at least the width of the required buffers. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix ofpublic recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 8 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 within walking and biking distance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to issuance of Certificate of Occupancy of the proposed building(s) on this site. • Chapter IV, Goal I, Objective A, Action - "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." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the corner of two principal arterial streets on one of the busiest intersections in the State of Idaho. This makes the site an ideal place for a mixed use development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff believes that the proposed uses transition to and integrate with the established uses in this area. • Chapter VII, Goal IV, Objective C, Action 10: Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with office and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting qualitymixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. • Chapter VI, Goal II, Objective A, Action 13: Review new developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to River Palley Street and stub Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 records to the north property line to connect up to Ustick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standards that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: • Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55, or 69. The subject property is located adjacent to SH SS. The proposed development will serve as a major employment center in this area. Multi family dwellings are shown on the concept plan on the eastern portion of this development and also centrally within the development, over shops (vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The first portion to be developed will be the CenterCal ownership area located on the east side of SH SS, west of the future Records Road and south of the northernmost access point shown to SH SS, generally south of River Palley Street. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts office buildings on the northwest side of the site arranged around a large common area on the portion of the site that is west of SH SS. On the portion of the site that is east of SH SS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. • Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the concept plan adjacent to low & medium density uses in the form of offices and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation conzdors. • A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional office, residential uses, and a 60- acrepublic park. • All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of-way into the future park site (northeast corner of the site). The applicant should be Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 required to provide access to the proposed public parkfrom Green Meadow and Meadow Wood Streets. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses in the C-G zone. b. Purpose Statement of Zone: 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. c. Dimensional standazds for the C-G zoning district, per UDC Table 11-2B-3: Front seffiadc in feet 0 Rear seffiack in feet 0 Interior side seffiack in ft~t 0 Street landsc~ buffer in feet Local 10 Collector 20 Arterial 25 Landsca buffer to residential uses in feet ~* 25 Maxmum buildin hei ht in feet 65 Maximum building size without design standard a royal as set forth in 11-3A-19 ins uare feet 200,000 Parking requirements See Chapter 3 Article COFF-STREET PARKING AND LOADING REQUIREMENTS Landscapin re uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. 'minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the UDC required facts and findings. The annexation legal description submitted with the application (prepazed on August 20, 2007, by Michael Byres, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax pazcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the future ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there aze three legal properties associated with the eastern annexation area. Because the proposed DA provisions are set up to reflect this proposed pazcel configuration, Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore, the applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City will have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C-G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan: The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 squaze feet of building azea, which consists of 1,355,775 square feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 897,300 square feet of office; 354,850 squaze feet of residential uses; and, a 60 acre City pazk site. UPDATE: On 9/27/07, the Applicant submitted a revised conceptplan, dated 9/27/07 included as Exhibit A. 6; Staff prepared a memo dated 10/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retaiVoffice/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maximum, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan Future Land Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is important to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the azea shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and maybe developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 inay develop in the future. Because of this, Staff has provided minunal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The azea shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 squaze feet of building azea consisting of anchors, shops, pads, office, and residential uses in 29 structures. The lazgest of these structures consists of 180,000 squaze feet. The buildings in the central portion of this azea aze situated so that they surround a large plaza azea. The area where the theatre and shops aze proposed also includes a plaza. Staff supports the plaza azeas shown on the concept plan as well as the drive aisles with pazallel pazking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 pazking spaces (standazd, on-street, structured) aze proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units aze proposed above some of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 12 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 shops shown neaz the theatre location. Staff strongly supports the vertically integrated residentiaUcommercial uses shown on the plan. The Applicant has stated that the azea shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposed right-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other azeas shown as Phase 3 (east), Phase 3 (west), or the 60-acre pazk on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided more DA provisions for this area. The azea shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 squaze feet of building azea consisting of office and retail uses in 22 structures. The largest of these structures is proposed for multi-tenant retail uses and consists of 200,000 squaze feet broken into six retail stores ranging from 20,000 square feet to 60,000 square feet. Office uses aze proposed along the west property boundary adjacent to the existing residences in Packazd Estates Subdivision and along the north boundazy adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site aze arranged azound a central common area for a courtyazd effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office and/or residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 parking spaces are proposed for this azea. The Applicant has stated that the concept plan for this azea is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 squaze feet of building azea consisting of office and residential uses in 10 structures. Residential and office uses are proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,178 pazking spaces aze proposed for this area. This azea is also very conceptual in nature as it will also most likely be developed at a later date by a different developer. This azea is included in DA#2 with the azea west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre pazk, shown at the northeast corner of the site, is proposed to be donated to the community by the Julius M. Kleiner Memorial Park Trust. The pazk will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cul-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street (N. Tweedbrook Avenue) also exists at the north boundary of the pazk site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development oY a cul-de-sac for a turnaround should be provided on the pazk site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with parking to the rear and sides of the structures; Staff would like to see more structures built in these azeas to screen the pazking lots from adjacent streets. 2) Staff likes the design of the buildings azound the large common azea shown at the northwest corner of the site, west of SH 55. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops azound the plaza azea shown centrally on the east side of SH 55 and the plaza area in front of the theatre and shops; the general configuration of the plaza azeas and buildings should not change in these areas. Amenities such as water features, benches, on-street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the parking shown in front of the lazge multi-tenant retail building along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the site/pazking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept (provided in DA #3); 5) Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); 6) Staff likes that office and residential uses and a pazk aze proposed adjacent to existing residences to the east, west, and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parldng Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55/Eagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the pazking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of pazking. Staff is in favor of the design of the parking area shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for parking areas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue are approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Pazking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual building elevations of what the structures on this site may look like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staff believes there aze benefits to designing the sites on the east and west Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of SH 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards applied to the parcel on the west side of Eagle Road when it develops through the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally match/mirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA #2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code 11-3H-3B prohibits duect access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- out/left-in access points, one on each side of SH 55/Eagle Road located approximately 1/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately 'h mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. Due to the fact that this is only an Annexation application, ACHD has not submitted formal Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 15 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 conditions of approval. However, due to the size of this project ACHD did submit comments on this application that aze included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD aze the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regazding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown neaz the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the park site from Redfeather Estates Subdivision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnazound should be provided on the pazk site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed pazk donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff does not generally support the configuration of the pazking spaces shown in front of buildings that are adjacent to major access driveways. Staff is concerned about traffic flows and safety if vehicles aze allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). Across-access agreement should be required that benefits all businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (ITD) to construct capacity improvements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2007 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation infrastructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a minimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's retail commercial complex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline and construction of the project maybe affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street in the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter Kleiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 17 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC 11-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and1 materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. (Note: The internal buildings shall not be subject to this requirement.) b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 18 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. NOTE: City Staff is currently working on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any such design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepared. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): • Asricultural use inclu inu production of crops shall continue to be allowed after annexation as an urban farm use which is a principal permitted use under UDC 11- 4-3-28 and 11-2B-2. • Development of this area shall be for a City Park. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres. The park site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundaries. • The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right-of--way shall be provided for the construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 19 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for pazking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Pazks and Recreation Department regazding the removal or replacement of any trees on this site. • A pazk is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses;.this use shall not change along the boundaries adjacent to residential uses. • There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that aze placed to form a central plaza, those buildings maybe relocated if the plaza amenity is substantially equal to or better in size and chazacter than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere maybe allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD regazding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (IOeiner Ownership): Back ound. The Applicant has shown a concept plan with 3 pazcels to be retained by the Walter Kleiner family ("Owner") following the closing of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Pazk Trust: 1. Approximately 37 acres east of Eagle Road and north of the proposed CenterCal Properties lifestyle center (the "North Pazcel"); 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Pazcel"); and Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 20 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Parcel"). The concept plan for these three pazcels is preliminary in nature and is likely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three pazcels. The proposed development agreement terms are designed to allow the development of these 3 pazcels to respond to future mazket conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Definition _All references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or all of the Owner's land (North Parcel, East Pazcel, and West Pazcel), unless the terms or the context of the agreement suggests otherwise. • Urban Farm: Agric ultural use, includi~ production of crops, shall continue to be allowed after annex ation as an urban fa rm use, which is a r~n ciRal ~ernLitted use under L • ACRD Ti~C 11-4-3-2 approval Th 8 and 11-2B-2. e applicant is rea ir u_ e , d to comply with AC RD and TTD conditions prior to receiving an nrovalfo~any b»ild ing ne it on the cite . F rther. the City=L not sig n off on any o ccu~~y rst receiving AC HD's si~nat~re an ~~p-off . All a~nlica tions on this site are subject to ACHD's nr oiect specific comments. ~~arcLl ess of the typ e of a~Tfli afinn ~;_e_ conditional ~c . nermi _ cprtifi a of o in comp fi ance. etc.l." 2 1 ~~No details related to access to the site a re approved with the eject AZ applicat ion. The p~nosed ac cess locations on the maior arterials should ]~e app roved by AC RD and ITD and can not be evaluated until a traffic impact study has bee n completed. Records Road and River Valley Road (east of Ea a Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACRD public street. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. If ri -of--way is not dedicated directly adiacent to the northern pro epsty boundary of the site, - all be provided to the property to the north so that a spite strip is not created. Construction of River Valley Street and Records Road shall take place with the initial phase of the nroiect. • Zoning district and use limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Parcel, the East Pazcel, and the West Pazcel, subject to the conditions of this agreement. o Total retail gross floor azea, shall be limited to 1,293,700 gross squaze feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standazds in 11-4-3-1 through 11-4-3-43. o Total office gross floor area, shall be limited to 700,000 gross squaze feet. The uses noted in Exhibit E are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 o Uses otherwise allowed in the C-G zone but prohibited by the agreement maybe allowed subject to Council review, approval and modification of agreement. o As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units maybe constructed over retail or office buildings/floors (subject to the vertically integrated residential standazds of the UDC), in addition to the allowed retail or office squaze footages, provided the building location does not violate the residential buffer rules provided herein. Exchange of Square Footage between Retail and Commercial and Vice-versa. Owner may elect to increase the total allowed office squaze footage and reduce the total allowed retail squaze footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 squaze feet and reduce allowed retail uses by 100,000 squaze feet. Owner may elect to increase the total allowed retail squaze footage and reduce the total allowed office squaze footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 squaze feet and reduce allowed office uses by 200,000 squaze feet. • Division of west pazcel. The subject property shall be eligible for the short plat process. Certificate of zoning compliance. Owner may apply for a certificate of zoning compliance for development of the North Pazcel, East Pazcel, West Pazcel, or any legally divided portion of such pazcels, or for a building or use. The application for the first CZC for the applicable pazcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to Verify that the applicable terms of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail squaze footages provided for such pazceUlot on the allocation plan (see below, Allocation of retail and office squaze footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Detailed site plan layout. Owner is not required to develop the North Pazcel, East Parcel, West Pazcel, or legally divided portion of such pazcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, pazking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. • Allocation of retail and office squaze footage_Concurrent with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 allowed retail and office squaze footages to the North Pazcel, East Pazcel, West Pazcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office squaze footages allocated to all such pazcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office square footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. • Where and/or when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in squaze footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall squaze footage of the allocation plan. • Buffers to residential use. In applying these buffer rules, a residential lot line shall be those designated on Exhibit F. o Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B-9 and 11- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Pazcel, shall continue to the north boundary of the East Pazcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. o Development within 100 feet of the Packazd Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall be further limited as follows. Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 23 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 • Off-street pazkin~Owner shall provide a minimum of one (1) parking space for every five hundred (500) squaze feet of gross floor azea of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3C-6. o Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standazds of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional parking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 square feet retail gross floor area, ,and three (3) per 1,000 squaze feet office gross floor azea,. Owner shall prepare the revised site plan, as provided above, which shall comply with the increased pazking ratios as determined herein. o The minimum parking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. • Pazking lot landscaping_Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11-3B-6. Landscaping shall be installed prior to occupancy for the applicable pazcel or legally divided portion thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B- 14.C. • Building size. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building hei t limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3, but shall increase in the event the UDC is amended to allow a greater building height in the C-G zone. • Eagle Road improvements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Pazcel, prior to occupancy on such pazcel; and along the east boundary of the West Pazcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable pazcel, either the North Parcel or West Pazcel, and shall be provided according to the specifications detailed below. • Street landscaping and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Oven space and amenities. Open space and amenities aze required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 24 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACRD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC and/or if mandated by the applicable city code (iJDC) and/or road agency, either ITD or ACHD, along public or private roads. Owner shall provide a secon d pathway runnin g Penerally north- south from Fairview 'ver Valley Road in addition to th e 10' multi-use nat hwav along Eagle Road on the west parcel. Ow ner shall not be r equired to constru ct a third north- south pathway for the West Parcel. This seco nd nathwav shall s erve as the multi-use pathway required by the Pat hways Plan and s hall be generally si tuated in the weste one half of the West Parcel, from the general v icinity of the 1/8 m ile ine west of Ease Road, with allowance made f or the final locati on of the 1/8 mile a ccess on Fairview 14 mi le from Eagle Roa d. The pathway may run separate from or in conn ection with a driv e aisle or road, an d will satisfy both the Pathways Plan requirement and the road side walk/nathwav requ irement if it is run in connection with the road. The pathway ma y be constructed a s a detached 5' sidewalk with 5' landscape st rip or as a 10' mu lti-use pathway • Site internal drive aisles. o North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road right-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City , ACHD and the School District to develop a vehicular and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 25 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 given, subject to any ACHD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.B.3 in this area. Additional site and building design standards. Additional site and building design standazds shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standazds of UDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. Future APulications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Pazcel, East Parcel, and West Pazcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standazds related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off-street parking, pazking lot landscaping, building size, building height limit, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Administrative Design Review in accordance with the standazds listed in UDC 11-3A-19C. (Note: The internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan (209,250). Such uses may be moved to a different location as depicted on the conceptual site plan and maybe modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street pazking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. • Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property line to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 The applicant is required to comply with ACRD and ITD conditions prior to receiving approval for anv building permit on the site. Further. the Citv will not sign off on any occupancy cards without first receiving ACHD's signature and sign~ff. All applications on this site are subiect to ACI3D's proiect specific comments. regardless of the type of application (i.e. conditional use Permit, certificate of zoning compliance. etc.)." 2) "No details related to access to the site are approved with the subiect AZ application. The proposed access locations on the maior arterials should be approved by ACRD and ITD and cannot be evaluated until a traffic impact study has been completed. • Right-of-Way shall be dedicated for the extension of Records Road (and E. River Valley Street. if CenterCal's ownership expands to the North Parcel of DA,#2). Construction of Records Road (and E. River Valley Street, if applicable) shall take place with the initial phase of the pro,~ect. • Structures and parking azeas shall comply with the entryway corridor design standazds, per UDC 11-3A-19C. • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking azeas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed parking shown in front of the lazge multi-tenant retail buildings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept shall be incorporated into the site/pazking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as well as north south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. Prior to the issuance of the fifth building permit within the DA boundaries, a final plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern annexation azea shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regazd to constructing River Valley Street may be re-evaluated by Council during the final plat approval process. The Applicant has offered to construct certain ofF site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARS legislation, Idaho Code Section 63-3641 ("STARS"). In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARs, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 27 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 access to the Development Agreement #3 area and may submit an alternate access plan for approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. Eagle Road along the frontage of this annexation site shall be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in accordance with the Kittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. • The applicant should work with the adiacent developers to the south (Developers Diversified) regarding their offer to share traffic and general knowledge of the area. The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACHD regarding traffic impacts associated with any proposed change in use. b. Staff Recommendation: Staff recommends approval of AZr07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard the AZ request on November 15, 2007. At the public hearing they moved to recommend approval of the subject AZ request. he Meridian City Council heard these items on January 8.2008. At the lic hearing the Council approved the snbiect AZ request. (The VAR was continued to ebruarv 19.2008: therefore. staff has deleted all analysis and findings related to the V from this document.l 11. E~~ITS A. Drawings/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 28 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 3. Map Detailing Development Agreement Boundaries 4. Example of Pazking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Pazking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District 5. Idaho Transportation Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code E. Table of Proposed Uses F. Residential Properties at Time of Annexation (DA #2) Meridian Town Center AZ-07-012 & VAR-07-017 PAGE 29 L F.` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 8, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 30 2. Conceptual Site Plan CENTEI~CAL e ~ m .~ Exhibit A ~ ~~ ~~ MERIDIAN TOWN CENTER Meridian, Idaho SCHfiMATIC MAST®i PLAN ~, ~~ ~ ~ ~.~~ 3. Map Detailing Development Agreement Boundaries ~__...~. ,..~ 4 --R Ai'IERIDIAN Tt7WN CENTER ,,,,~ ~~ Exhibit A ~ ~ 4. Example of Parking Layout Favored by Staff Exhibit A 5. Plan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L= left in) F1 ~®~ womuew® su~+ reaesean atesta ms-asasa~t amo~ PaRa~ml°9 ava.~aawaa ama 9a '~~ ~ ~ ~ oeas mks ~' attoa ntaimaaw~~ °~ sywar masumu xms as~o at®tw: tam Asper ww.wamara® smaatau naa.asermtArea ~yynw a~omn Ne®wat O.Are! amr® sap®r~ yv~vu mfp676MM~ atmata®atm aoretuu mat W! nheeamm ®el®e tooa,rMmoaYran asmewu arta.aaa•saatt R~~ ~1~ aN® BIlOOISeE1Y ClII~ 1~ IQJma! IIOAIw471smC aArslreASasi oA tm~eumownc ~0 sesmn maw®uaose ;mvava wOOOWb d~ha/6ap setlim0 Exhibit A 6. Revised Conceptual Plan (dated: 9J27/07} with Changes Noted Exhibit A MERIDIAN TOWN Meridian. CENTER o m m m .® 27~T~D7 MERIDIAN TOWN CENTER ~,,,,,~ ~.~•. ~ ~p namt~+,, Mahn Masr~ wnro 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 -! ~ _ - E ~ ~ ~!~ ~ i y ~ "~ `~ M ~~ ~ - ~ ~ + _L~F ~~_J NiuffluY ltlfttAf ffi10S#M,C'17 _ _. _- +~srYasr, ~ w ~ ( 1 ~ ~~~ ~~ A. ~ of F: a r~sr ~san ~•amaw. ' ~ ~ ovr ~ aa- .re. 's I. . ssac.®c axffia~ . de ~s .. ra~riaraeuic eosc urar *~•uvami~s :.mar ~` "~ ~aa+a ~ "~ res~s imxnimce ~saa~mu ss*saane wa n~ams scrowsw~o axersa~ ~se~ ~- t'+csowsx ea~uw aerwra mmau w.,-. ea~x y y S'tAAeE~'rrfi w`9a®it uc .s~eRw n~aiaai ~If'. 1 !aver®sa~ ~+*3~5 etw wlp t~t~caa€c. m ~ d ~ ~ .~`. +t~~iiennu ~°srsmts »'i~la 8g a_. Klefttty ~iG` a s ~I-sF 'ter - .. i ~ ~ `\ ' ~. :xa-~, a ~f~ F i 1 ~°e, ~ ~_ F k sra.aae® «mmcrua waasxssrar. 4 ef6'1N B~~~D •~ ~~ ~ ~ _ - _ q -.u.v I ,. e ~~~ _ .. ~ ~, p ~ 1 ~ a ~ ~ E&~t ~I L-o.~....+........:.smws.~.. - .~.o.s .. ~. ~:i.-......~.. •.r •~.. ~~ A~..e o~~.. a+... ae.. Exhibit A 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WATTERS, ASSOCIATE CITY PLANNER SUBJECT: MERIDIAN TOWN CENTER (AZ-07-012) COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHLEY FORD, ANDY WII.K On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The area depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use square footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made in the proposed square footages of retail and office uses: Parcel west of SH 55/Eagle Road: • Retail/restaurant uses were increased from 730,500 square feet to 873,500 square feet for an increase of 143,000 square feet or approximately 20% • Office uses decreased from 574,500 square feet to 480,000 square feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 square feet for an increase of 33,000 square feet or approximately 18% • Residential square footages did not change No revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of appro~mately 20% or 143,000 square feet, and an overall decrease in office uses of appro~mately 2% or 61,500 square feet, for the portions of the site depicted within the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A 9. Letter from Ada County Verifying Parcel Status ~ ~~ j~'~ @avtd ter Walter H !~ Tit M. Ktei~sar Pl: At. 1~3&ac 4~3 WR 9S2tt3 8ellesruE+,.'f~VA ~it9~t~t ~ ~}. ~~!' a xep~m for prtaP lvcactd ~n ~ (l~rcei ~, a,.~~~, a~a~~ ~~,3c'.~z~a.re.u~ ~.r~.rr~r.~, r~~; ~, ~S 4} r~atil '1af D.laErirla ~e131 A~li;rr: ~t$1'e~Fl &9 :. LO ~~ &~lD~C8t~tlti b~3lD'C!3 ~ e ~ Ilt j°01i1` 8f i~~~l~t~ ~ S@CCIC ~~~ ' ~'~~ ~1! ~' l3'e~dS 8~37a4 ~ g~~{Of recvz±d ~1 1~' l8, 49~}are fa~tt +dad a~ exec ~m t1~, Cm's ~cais . , (,A~c3C A-4~=8). Yc-ur gds ~ ut pc~n s b~r+ry adjt to a to i>x tateiy to gene I~llet ~ttr dedis~cm a~ devdoprau~t as a 'i>1I~Yto. ~i 'cam a~. to tote ol~ etf ti~ wt~ ~rnd~ w~ tae ~)~ Wcrra~y 1,744 and ~d~ axe > ~t to a~iv~is. es~tblteA that th$ tb>nr ~t in ~~ts ~tzt,A, a~ ~ttsiderad ~ t~ that a~ ept m tt~es ttnmty'a ~ gels visit. 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X ~ x .~ ~ ~ M1 ~• O ~ J ~l ~ ~ Q c'~'a C • ~ t` 4 ~ ~~ 8~ 9ilai! r7L9aa3~ Sh1i ffilt~~ ffi- ~ 9~e Q~ •t3'w`P by #t~t9i ~1@ines' auk ~ !I. 1~Iai[aer~ pet' r'~s~ ri816$i'F~1~o t~ ~E`i31t0x~ di t E li !~ t S ~Y 9~8$ l a nDlg a i4 1• ~S ~ ~ ~ ~. ~~ ~p ~~r~qq y ~ ~ ~ ~ y ~ ~ y ~~ .7GtYVdY nA~ fy+wYR~M wiNCrtiAnw Ah~ t..'"' h• a~!i.c~w.uap~,'~ r ieas~ividualla. ~ ~rante@s, tdtB fo).iawiAq ~~a~aeibeSL praealaae, q 4_ ~ iifi'~..it~ ~ . ( Y M~. s~ a L i ~ ~ bF ti+5o ~1 ~~ FPV ~ vi 4V8 ~w`i p4p W.~ ~ ~ ~ j ~p .~.~LL ~ . } ~ ~ /! maV $~'l Ql ~:t16 ~1 ~A ~OCal~41f e~ ~~ tYtf7 ~ $~1/1. 88'~ is 8ect.~~n S a12 3n laMn~rhip 9 ~vrfih Rangrs 1 saMt .~ , o$ the Bois~s ,~s~.diata, in JAda ~onntY, i6aho. '1'0 1~'V8 A3iii Ta 8G&D unto hhe paartiep of the meroad part as t8alr :dsgetst4va sells sand aQgntate ~ua~a-ttyt~ ©ai+b to tavid an +pgaal. axaA aa~ier3eted Interest klaers'ein~ wa teaaants in . Ril#i4 a168~+ ~ ffi+e3iAg ae-iSu^cresd tatidor anH @~p via+pa, wE' ass 6aedmr reaCafiraiag ~Xe ,~!° Strad ¢zal~f:5-, t~Be 8p th® DID Caa:it aE the 'l`hir8 Jndioie~,t Dinteict aE the State3 a! ~aatm. !a wad tot the Cnarnty Gf ew,y~, t4agistrate DiViaioe, ~aees,ese- 1, oa Wye 8th day of Aa2eltiasC~ 1974. b eisele3r it by Kafeeareuae 4J[esretta- mamma r gate k rc~r.i, nn ti9oggTn set ACgs'011 is E?Ol~ ftn3C'tlSa. yhie cot-+seyalaos in ae ebBtrTUte Cottvayanee of fee s3Ap$a tt~l0, wltlaaat reatrietieraea est say 'rYpe,+ ar ku~. 195 ti~e+s Affit! rd H©LD tAs said gt~.t+eea, w#,tn °ehsir a~ur- t+saa~naee atnta ttae said 6t811tetao, '63aeit h/aisa and aes$gpis i°otewes . Arad t$8 Ra1.8 Grentof' deseo hcreaby 4®veaearat to bifd with the ara3d moan@pfttl, th8t #e it 'the lytdrle3f i» PrB 9~ei~i iDf 6lai8 ~'~eem~.seA; that eatd gtemle~Ew wad Arse tcm» ail e~ssssinbranane, aaA a~+act Lt ~otia eraRraaax at~d d>pESnet tlxe carne rzdo a21 Iasr~ul a7.a3aa8 adst- ipte!rs. EAgA~E ar s~M A w. w.sx~a` a~saeea. ,,yr y 9 ~ By Nfn~d.~ AiE.+~,,p./ ~4 8F~ ... ~ /J CC /~ ~r ~C~~~~~~ '~~~ ~ A 4~a)i/ ~~ Exhibit A 1~iR H, RR1`1IMW 7G1W16a+ p~. tlU~ Exhibit A lrsr value aitt~d, Lhe 1'A'~h' Ge' ,T. ita 1~CCC.8~~7$R- QsetflA~t~t~ ~ B Ti#SL'~8H' lfd~f~R ~?. y w d~+3 1'rv~-ss a5. Ifia+in~s, ~+rrsaan0r~ s'+a~x'E~+ Val, the e,~t'ael~lta doe# ~'~sh9' gpC'a~i1o- ~a itf37.1 ?qb9 ' N COff47By 1Sfi'C4 ~+ ~ fLL£3b1EfE itfltt fSl$d~£ pfa ~R~ ~ +l+divldafele, ~!e ®swatcara, tha lfoAlmu9LftQ a~acsib@$~ praum~t6ti.~ sn-utta ~t~ rfi at tam ~i a~ ahn ~s rya stf~ fan~A 4he. ~ ~! Otis [ of ~+~ ~E3i. ire ~~atlert 4, inzd ~ ~i o~ ~e 3as ~aeaLAan 5 ali is '~a+vASh3~p 3 ~~ fang"e 1 A~at at! f3eise 1~itr~df ~-. lift Ilda Caabtt+. 3~aho. H#tt/F !tom TR3 H~Ya9 1tritO ebe gatYf,ea u~' frhg ~aft8 ~b 68 tbllY f^8apatelve aeld aAti fa~ggra~t:re ~xa~l~-Y~ afesD af-L~s1t etS ho~fS afi agt~a3 ~itffi eRdield+~d ircttraat thisrlsltt, aft t,~1ftDFa't;9 1A ctt. '1~EB b~R ~.~ 8ft#fir~ ~dloFa~ad ~3~ at+tlt By+ tt~rtu~ a~ art C>•8e f^ ~nd9.rrairi~l 3e~la at` i~eai pxop~sray, aada by tits Dlatcicb court a1F tt~e ~atsr~a ~ttaicse~ ®a.er:a~ y~ `:~ o~t« ~~ xde-ha, in nna £er rba cpunity ~f can~r~a; btaeiatar-ate 33iV3aLc+a, 9~tidtt I, on ttse 2~tb day' tr! Atig~~t, d999. trdich osda~ is fry f!af~aa+2e EAar~afto ifacta R d~r# Effxeetlt, ®a the f-ab ~te~sCb to ~Enil hf-ralt-. !Phis mnvayan~~ Les ,Ab abealgtf+ corivagat'a[r cf lee s4.mpie 4~,1t1o~, rieh+rvf. mar~reitt#ar+a ~f eny tyrpe er l4faid_ $~ b1AtlS A~ 9~b FtD`I~ tbet fiaid j~'ft8ff, with tktv*i~ if$piiP- sbseriaet- +anto tea sa$t3 ara~ae~,s, tt~alr ttntsrs and Sitfltga l~oztvef'. And ktta 3Atd Grarrto! fifes t-sSeby ~venant: ~ aRd vitb ~a rnald ~sas+teet~, tb~f: it if: ~#+a etas fn lean ~$mpl~ s~ .aa~l~ ~1rgm3aost three maiA ttAO~mi.~as~ $t'e fTC!! taC~ eA2 @ets9f~ATan~BS, fwd t#at it alli +eaarraifb attd defefid Rhe 88'~e atraEa ail 103, etata~t wineteoavar, ~6Tt~T8 ftP S. tl. ftS.ET~!!a d+eli3RSd. ~y ' ra,1t ~b v+its R z R~~~~v~~ ~~ ~6. ~ ~ Exhibit A ,~~ .$~ ~ MM_ I+MRI~$ a na9C5 I{~~a 1~R 'O~+r.ta~L ~ ~ ~ji1~Fr ~~q~++~ ~eh~ JV~ ti { f a~v~:t~P'~i ~ Exhibit A ~sr 9~l3!!g0 ~111[~S Ao+WUrm,~ea.u~nae~oa•gaooaua+tr ~FA9Es11N0.33{74 3AIfNS R+ s eti4~ e?b~aA mee ua•. +es +r as a4ea- .m+mwo+.~~omia~naw.ca~rxm owr eumt sNr M6®sstd.ialr Wa ~dn .a.., r+.~RrwwaMw~ eer.aoer nr ueoo~ ~ C018tey~i10tA1F. e~iYSt;GOmintBPt-m[O~sluOEt AFTERt~tOGl3~171 P d~S Oiab t11W1li ~Iem 11~- ~I lrsee~MlrW~ amber r .._, ~ wa.a+e+w.sawae ean..atrr r+wos. o Exhibit A +ese~as ~erA aw rw. sae w arsssaoduimoe~ ~wa0a1 • B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byres, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 12 months of the City Council's approval of this application. Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch main south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. 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 aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in Eagle Road. The East side of this project will need connections for fire flow to Venture in the south east and Tweedbrook in the north east. The West side of the project will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 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). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface Exhibit B water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required.. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.10 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive fmal approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for 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, prior to signature on the final plat. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 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. 2.17 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. 2.18 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after Exhibit B ~ ~ power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 2.19 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. 2.20 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. 2.21 Per LTDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 3. FIItE 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 %" 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' and horizontal obstructions within 3'. 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 around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 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 Exhibit B based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 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. 3.10 The proposed residential structures consist of an estimated 180,475 squaze feet (number of dwelling units not specified). The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 3.11 The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 The Fire Dept. has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects are addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.15 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. 3.16 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). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 Buildings over 30' in height aze required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Buildings or facilities having a gross building azea of more than 62,000 squaze feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building azea of up to 124,000 squaze feet (11520 m2) that have a single approved fire apparatus access road when all buildings aze equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B ~. 3.20 The Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left-in tarn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, AC1~ID has not submitted formal conditions of approval at this time. However, due to the size of this project ACFID did submit comments on this application that are included below. .~'r~~'~ . -- ~~~~® `uL'xe ~. r ~.,,+~ ~rv ~ aie~e., r Card A, Mtlcee, Cmmrer September 28, 2t3tT7 To: City of Meridian, Planning Deparimeent 880 E. Watertower Lane, Suite Ztf2 Meridian. Idaho 83842 SubJea~ CerrtarCal Develapment i+~az-~i-o~a nfe/c artd n1w/e of Eagie RoadtFakview Avenue h~tee~ion The Ada Caueety Highway District has received the annexation and zcn~g apptc~ation for the ProPo$ad CenterCel Davalopmerrt projet~ ier~ted a# both the r~rttteas! and reotUm~st comers oP the iettertton of State Highway 55 (Eagle Roadj and Fairview Avenue. The l)istr3c~ has been woNdrtg whh the applicant's ti'afiic engineer to ident~'y an appropriate scope for the try traflie i-npact study. The D~ld hae rwt yet received the required tr~f'ic In-pact study for this deveic-pmarlG n i$ the trio's Ong drat the scheduled MericBan Planning artd zora~g meetlng may move forvrard prier to the Highway District recehring and ~eruriersthig on the traffte studsr. Theretora, staff Ps submiding dt~ ptelirn&tary cammerrts based on the arncep~ai ails plan for #fe City's corraideration of tine annexahon and zoning appiicakion. A,dstitional comments artd wm be submitted once the Dt has received the tratf&s impact shy. Also, some of the submdted commends may Iag alQared depandfig on tine findir-gs seat recommeMationa of the trattic hnpac~ study. Existiti~a Condi#oris The State Highreay 851Fairview Avenue Uetarsectifln ~ the bt~ie~ n wittnin the state of Idaho. The Distri~ recently reviewed the P~ebr~ige Subdivision lotnted ftstirer south of this afire, and the projetX~! tta~c votura~ amt isvet of service ars ident~d betaw. Roadway Functional TrafPte Count Levei of Proms lave! of Speed Glasatfica8on Serolce` Service at Pinebridge Limit tltrild-0ut (ZMti) ([108s not imdude traNic fran Cerrtert:al Fairview P-arcipal Arterial 3 ~" "C° 4a tJIP!- Grave in (assumes at buitd- Ma ZWlIB ~ Piete Minor Aeter't~ 2,376 wes# of Bettor than Better Limn "C° t=agfe Road In "C' Miarch 2l1(l8 SH 5s5 Prittc~i Arterial 51,580 south of °F" (See °F" ~ MPF (Fie Read) Fairview [n Note below) (ZCtob@r 2a0S Exhibit B ~"sQl~l~~ 0~f P~~4~~ ~t~~~ ~~ ~l~~~i11 Exhibit B Staff Commit; This roadway was i as a future collector roadvrcay, and the L]istric~ would . the ~rrstruc~ion of #h~ roadway with the development application. if the road~sy is p to be shifted south, the applit~nt will ~ required to provide acxe$s to River Vattsy to #haa propsrgee to ~ north, to adbltlon, pr~rpos sitiR to tha3 struth wig impact the e>dsting River 1laliey on the wit she crt' State Highway 5b. Re60rYiS AYenYB+: The appGCa~rrtaSi pfaposirtg to extend Recard8 Avenue 8s a ~Itectat roadway through the site to the nor~r tine. Staff CwTrmer~ Thy raadaray was ident~ied as a future co~ecsar roaclwsy, ar>at fhe [)ietrid wouicl regatta the co of this roadway with the development appUca~on. This is pla3nned to be e~cbsraded to Aflys Way (whic~r is t~urerrtdy under ~n~rucblon far ~ fit'/. rr~ide south of Road) and constructed as derrelopmerrt os:arrs north of this site. The rxutne~on to Atlys Wray ~ critic to tree vshic~tlar +~rcuilation wigrln this area. This roadwaay viii provide a and atterna~ive route to Eat Rand. The appJica~t does trot rx+ntra~! the property that wiU enable the conna~fian of Allyn Way to l~ec:ards Avenue, twt 8re cr~nnedion should be a Brat oR this develcrprraerrt. ACHD, t~ Cily of Ia~er~n, artd rite developer shoukt wmrlc w~h a3djat~nt property to achieve the right-cf~ay dedi~tian. (~ Drive 8nd dlieadow YY~ Drive: Ttra~ appuc;arrt has not prolaased arty improvements or conneatiorrs to these existing residen~gal streets. Staff Camn~rt: The applicant will be regained to prorrlde eul-de sac tura~racrnds far theme roadv~rays or cxrnstavd a local stmt within the unopened right-af way 6®tween grass st~ei~. The [riot ~ not srr~,-rtlve of erg theare rani res~errtlal into the cxamnrercial development. The District is aupporiave of providing the ®xisting r~iotena~ acres to the P~• ~ICfigTH'WEST' COttNlr"'K' Falrvimrv Avenue Acc,~: The apA hays propt~d two drfveHray to Fairoia~w Avenue befinveen Eagle Road and the sib's wergat property line. Staff Comment: if no access is gained to Hickory Avenue, orre ot° tree promised tlrivsways to Fairview Avenue should ~ foil ate. Ths fall acces~a driveway should bu io~ted ~ far Pram, the FairviewlEagte interaedion as is pos~ble. The se~x-nd driveway should be to right. Rickety Ar~~{~i I I ~iJ ~~ h~ n~ ~Qr~tC7$e Qn ~6rA~i y A~n~a 8 ~Ue~ ~R7~~L 7ilit l~ intersec~an 1Mith l=s~lrvi~+Avearue. Tf~e t]is bstievns that a cannectlan to Hictccry Avenue could provide necessary ~rK~~an and access to FerNiBw Avenue. The l~lsiritrt encxauraga~s t~'r@ appliCtdnt to ~ these pos~ilitice3 wi#r the adjacent 161trd alA-ner (a rhuratr). l~rer Yapey: The appflc~nt hoe d R Valley only Psntlsgy into the. site. Staff Commerrt The uppicerd has rtat adequstsly addressed the corrtinuatian of River llatlesy into the quadrant of this development. Thy area of the development wilt requie® sorrte resign by the Exhibit B appkit~nt is praying a sigsta~-ied int on uvith E~ugle Road at the r1 rrtile iacetian (Bluer Valley Stnyet). Staft Comment this is net roue of ~ of the pro 1/$ rigll~t sr~~rlght-scut drys. The Qi~rlc~ ngnizes that ultirnatel~- the dlan far the a poir+ts on Eagle Raad wail t~ made by ~ City of A~leridian and iTD. Wcrwever, the Cistrict pursuett the deskgna#tlan rand tk~ requ6remei~t far the 1T mild cc1#ectar t;River Valley and l~l#ys WaylR avenue} in artier €~ prouide alternatiues ft~r , rather than granting additional suss poir~s to th~+ 5~be Fl y tin are prelimina~Y in nature. ate the District anticipates Ong a mare c~nplete analysis aftetr gte applicant hae prauid~d n traffic impat~ study. ff you h any q , please f~l free to contact me at 20i~-387-i~1T1. Sincerely, Lori Oen iiartag Planning Revieiw 8upervisu~r Right-ref-alVa~y & [?e~uefapmEnt ~tvic~s CC: Pray tike Exhibit B L _J 5. IDAHO TRANSPORTATION DEPARTMENT tDAH~ ~-0 ~ ~ ~p ItIAH#. , RAN6PORTATION O~PAfiTttAENT P.O.BDx 8D20 Eiaisa, fD A~707-2028 (208} -~d,tdaho,gov Dtber 6, 2007 City of Meridian Planning laepartment 660 E. Wateatawer Lane Sui:#e 202 iVieridian, Idaho 83642 I;AX 8138-6854 D ~ `~ 2~,~ ~9 Re: Location: NWC ~ bIEC ofM. Eagle Road and E. J+auview Ave. µcr: d¢an T~.~rn Cd-i~!'1' Ron#e: 51155 MP 13.095 Namc: Ceatcrcal Properties, LLC base No. VAR A7-017 Hearing Date:lant>gry 8, 2008 Dear Zoning Adnzinistretor, 7'liank yon. for the amity to avmritent on this applic~tinn. We are requesting that this variance application be denied. Accc~s to Eagle Road should beat locations that comply with the 1TD access policy and the F;agle >ioad lnfrastnaettm+ Plan only. Any and all aces points, and a8y other amenities such as landsrapin$ within the right ~fi' way, will require a petit from I°I'D. Access issues shcanld~be resolvcxl as soon as possible Any warlc done on the Ste#+a Right of Way will require a p~arn~it. Per~duit applications are available fretrn t}ai5 office. Please have the applicant contact Matt' Wed at 13150 Chinden Blvd. 83714 is Boise or call. (208) 334- 8341 tee obtain a permit application. if you have any questions please caill me at 334-8901. Sincerely, ~,1 Phil Choate Senior Planner Exhibit B C. Legal Description & Exhibit Map ~~ ® E u u g NiN C t34i11~t}aTy ~6H li~erisllsa Town Center Rs~stnsa a(Tts iii. f/D77t?7t3.Q0 A parcel of Iaad siYu~us i~n the east Half of the southeast quarter of Section 5, To~rnship 3 l~lairth, Range 1 F.asty the gaudswest quarter and the west half of the st~uthwest smarte f th r o e quarter of S~tissn 4, Towrtsltip 31~iorth, ltatsge I . Bs3iss; i~i~idiaa Asia , Cssunty, Idaho, anti being more part'tc~tarty stess~it~t as folta~vs: ~_-~! ,~,a~ sm c i n g a t b n a cap mar l i n g t h e s outh+~ st co r no C~) r of Sesticm 5, Township 3 North P kaaaiaa ~~~ , p ~ ~ j ,~ 1~ ~ p ~ { ., ~ / g ~ 7 ~~a ,~ j /~ ~ ~ ~ g Akillg~.' I C..d D d7Vi.~"r.1X{Q'tr(~~ tai4 Y VItY j O~ L7~`lll~lilll\'®: ~ ~, Thetscu S89°46'S6"W,1322. t l feet alflng the south lint of the eaet half of the ~~ sflutbeast ctuarter of Seetiamm 5 tt~ the southwesi e~vrser of die east ttsTf of die feast gamer of Sesxion 5; ~..,~ ~ugikaswian ~,maoaeA~.c AG4i/C. qCY U p@ ~~ s~;..~.~ imNn ~vR~~~ i+r3Pssavnc~x~~ ~ti~,. m fa36~6 ~ ~~. rx aa~ras: .~~n°+ ~~~;,~~~..~a~,;~r~ Thence Nfl4°46'S6"E, 45.28: feei ala~g the Ws~t tine sef ttie ~ lusl€'o~tho scsssd gnmter of-fiction 5 to a St#6 inEh rt~ar on the aorth rigid-of ~t*ay litia of Eat Fairview ~,v~oe; Thetx~e Nt3t3°OS`56"E,1265.44 feet atotag the ws~t tiuv of the east l~tf of the son~heast quettra of Secels>n 5 to a 5!$ i~h rebar the s~lieas~t corx~r of Packard Subdivision No. 4,13cnsk Sa of flats at Page 90te4, rersards of Ada County; ice Not)°4?'t3"E, 711.69 feet alor~ the east Iine afPackard Subdivision No. 4, to a 5/8 inch rebar xsmrkir~g the so corner of Pas~ard Suhdivisittn No: 3, look $0 of PIa~ at Page 8t87, records of Ada G'sturtty; Thssncss N(K3°49't 3"E, 239.31 .feet along the east tine afPackerd Subdivision Ala. 3. to die south right-of way tine of F.iuat C6at~u Drive; Tl~ce N89°S l'436'~, 91.55 feet etoag the sotrth right of-way line of East Chateau Thive TTtence l 09:9+6 feet aia a anrve to ttte leffi havi$g a radius 7t).t~0 feet, a oe~at art8te of 94>at1~0'+~it", a chord heer7ng4fN~°~f'A6~E„ ead a chord isoagth of98.99 fit„ along said right-of=way 13ne Thence Ntit3°48'S4"W, 2ii9.87 fiat along the saint right-of-way lute to the north tine ofthe eft half of the southeast gv~ter of Section 5; Thence A189°55`26"E, ?21.26 t along the nortia Tineofthesu~ hatfof the soudheast quartssr of Section 5; Thence S2t~4't4":E 48:{34 few t'stga l oft Exhibit C Mezidien Town+~ents~ ite~ane etintted... \__J Tb~tee N~9°S5'28'"1•, 356.73 feet parallel with the north line of the eat half afthe soutlremst quarter of Siott 5 tsa the crest right-t~f way litres of North Road; Thence sN89°55'28s~ 7U.(lU feet parallel c~ith tits north litre ofthe east halfaf the soutFteast quarter of S~ton ~ to the west line of the sbuth~tvest quarter of Sion 4; Titeazae N~° 1 t3'43"E, 4,5.t}U f~ slang t$e west line of the sonthc~~t quarter of S~tion 4 to ~-brass sap tt~rl-~ing the west quarter-won comer of Section ~; Th~rce N89651'~1 "E, 70.06 feet along the txorth liras of ~-®southwest der of ~tirJrt ~ to a brass cap right-of--way ms~nument; S~tion 14~-h?.~i.5~ ®n the east riglst- of-vvay lime oflVs~tlt Nagle Road; tz '~~ v~L ~~" tf:ivtJ =UE`~} ~`" ot.--v= 7t'~ . ~~ ~ Thence 1Vf89°S 1 °01 "F,125Z3.~ along tlxe sassxtb, life of the southwest q of Section 4 to a S,r$ inch tabor rnarleing the to~atrrr~we9t sixteenth-section ooraer; Thence W89°SC!'47"L~ 133Q.65 fit along floe noatlr titre of the southwest quarter of SetKion ~ to a S%~ inch tabor marking the ,st c~riter rafthe southwest qunrter df Secti<~n 9; Thence 500°Itl'49"VIt,1314.73 feet along rite line of the ~uthw~.st quarter of Section 4 to a 1 ~ ittclt tabor aaae~king the sou6awest comer of Clover. Meada~vs SUbdivtstan No. 3, Book 24 cafPlats St )'ages 1524, rs af~-da County; Thence A1339°5g'34"E, 662..x! f@et along the south lint: of Clover Meadows Subdivision T~~ 3, td a ll2 ino~t rehpr dt.~e nt3a-hawest +aornex a~f't~enture vision, Book 2? of Plats ~ Page 1704, recor6s of Ada Couarty; Thy 500~4'2S°`~+°,125b.52 few along the overt ~ of Vey 3ulxlivision to-the northright-eaf-grey ~e of Bast. ~'uir~lew Avenge; Thence cotstiriuing 500~'0~'25'°W, 57.74 feet t9 the south Bass of ~n 4; Thence 1V$9~46"39"@V, 6tW.7b fem. along ~e atruth line of the west half of tits $b~Iit~°~,St i' Of tlt6 ~t1t~t(:?iSt ~$('$ei O~ ~eY~OS 4 #O 8 ~1~ 1gG1] T@bBl' t~1'~Tlltg tll~ south quart: ~ ~lIIea' of Slott 4; Thence N89~4t5' 17"1, 2b59. S 1 feet slang the south line of tla~e southtv~t quarter Boa 4 to ~ rcan~~l° ~F B~t313dl+ilNG. The abo bed parcel eamaitts 258.3 $czes, mare or less. lea ba any es~stert$ end or rigl~-af-may of a~eoartl ar agpat~nt. p 1'S~ cif 2 !s £ r i ~ na f ~9 Exhibit C ~~ ~~u~. "~7Ei~1tSR.4V t~U@t,lL` "';rr~~KS ®P~'Y. ~_~ dr «, ~ ~t1~~ ~A ~ CUR'dE ~l ~'1 f{A41d75 dCC:TA BiARIhG GFid3~tl ~ .3est~ae Gsmra .» 1 °~.~~ ' Caxne~ B L~N~ 7AB~~ C~m69ea~rs Id~E X3+0 I -_... _.. ~,~ 6 ~ ~ ~ a g 7` ~M V ~ ::L ~'~ ~r t~ +r, ~' r° ~5J i a''_; ~~ .' ~ Eq ITS Qf ~dQPiA~ E ~C}rVt6iV AYL ®~ ~ 1 ~ J~i~~~~~y!! AA(AA/t~'T~~t(1i~iA9- - RR~J~GT MO 80177U~{~t~ a t o ~~ a ~ a o ~~I..fIt71V 1 ~Y~`1~1C~ ~'~~i ~'l'{~1~~ ffi3 E. Mtn +1 Creo's Gt fl9B98 ~ ~~ o4am~~rw~s«ue D~ 'SCN-~= ~ ~ 600' T dUO. 1 Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, the City Council fords that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe 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. e. The annexation is in the best of interest of the City (IJDC 11-SB-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. 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 fmdings listed above, the City Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 E. Table of Proposed Uses Code Type Use P Animal care facility) P Artist studio) Arts, entertainment or recreation P facility, indoors) X Building material, garden P equipment and supplied X Church or place of religious P worship) X Civic, social or fraternal C organizations) X A/C Daycare center) X X A/C Drive-through establishment) X P Education institution, private) X P Education institution, public) X Equipment rental, sales, and C service) X P Financial institution) X X P Flex spaces X P Fuel sales facility) X P Healthcare or social services X C Hospital) X P/C Hotel and motels X P Industry, informations X P Laundromat) X P Laundry and dry cleaning X C Multi-family development X P Nursery or urban farm) X P Parking facility X P Parks, public and private X P Personal or professional service X P Public or quasi-public uses X X P Restaurant X P Retail store X Vertical integrated residential P project) X LEGEND permitted (P), accessory (A), and conditional (C) 1 at end of use title implies specific standards for the use exist in UDC chapter 4 Retail Office Residential Other Comments X X home daycare is residential; otherwise daycare is office. Home daycare is actually daycare, family or daycare, group. includes home/household, personal use, and office equipment businesses; excludes farm, industrial, and heavy equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial institution is office We generally consider this accessory to the use. classification depends on general nature of use housing portion. Integrated non-residential uses count as retail or office as appropriate. Exhibit E • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and "Other" uses shown above do not. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 F. Residential Properties at Time of Annexation (DA #2) a~ '4 ~ I - ~ .,~ _ • {~! ~ ~ - 1 ` ~ ~ ~ ~ ~ , ,' :- ~ ~ ~, r ~a ~ ~ ~~ 4 ~~ i ~~' ~%~i _ ~} ~ ~...x. ~ _ ._ _. _....,,.m., _ ~~. c.a~, F~, ~ ~ ~, ~~~~~"f.; .~. - - ---- ---- I~ - ~ - ~°~ ,~, -. =Vr f- ~ i ~ f + f" _ _ ~ ~, "`a r-. "1" _..__.__-.~- _ _ _ _ _ _,. ~ t ~--°T ~ . a~ , , ~ ' ~~ I , k'~ _ ,~~,:-~ t _ f ~ s n t t ~ _..,~ ~, ~: ~ w t _ .tii~ ~~ fi .b ~~~_ '. _ _ .. - .. '~ ... .. y ~~~' - , ~ a ~ c .;,o ~ I 3 ~1 Exhibit F • • January 18, 2008 AZ 05-052 MERIDIAN CITY COUNCIL MEETING January 22, 200$ APPLICANT Landmark Development Group, LLC ITEM NO. 5-K REQUEST Development Agreement -Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdivision -3055 N_ Cagle Koaa AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement °"V " ~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. ( ADA COUNTY RECORDER d. DAVID NAV~ AMOUNT .00 ,. 51 BOISE IDAHO 01/26/08 10:31 AM 1 DEPUTY Bonnie Oberbilgg RECORDED-REnuESr of III IIII~IIIIIIIIIIIIIIIlIIIIIII'I III III Meridian City 108068770 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sadie Creek Commons, LLC, Owners THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this,~_ day of,~{~1bU'~ , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Sadie Creek Commons, LLC, whose address is 5275 S Durango Drive Las Vegas, NV 89113-0159, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwnerlDevelopermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ OS-052} SADIE CREEK PROMENADE PAGE I OF I 1 • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 21 S` day of February, 2006, has approved certain. Findings of Fact and Conclusions of Law and Decision and Order, set forth i~n Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 2 OF I 1 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Sadie Creek Commons, LLC, whose address is 5275 S Durango Drive, Las Vegas, NV 89113-0159, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retaiUrestaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ OS-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (frle no. AZ 03-OI8). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ OS-052 application for informational purposes. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 3 OF 11 • This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved {PP OS-053, and CUP-OS-049) which sans, f ies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildaings in this project 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City DEVELOPMEN'T' AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 4 OF 11 • Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 5. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 6. That the maximum squaze footage of one single building shall not exceed 75,141 squaze feet, which is 1/z of the maximum requested of 150,282 square feet 7. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am -10 pm. 8. That the applicant shall redesign the site to meet the 300' standazd sepazation for drive thru uses with this application or variance is obtained. 9. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 10. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/RetaiURestaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as perntted shall be subject to conditional approval. 11. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 5 OF 11 • 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: OwnerNeveloper consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfafls to cure such failure within six (6) months of such notice. 9. INSPECTION: Owner/Developershah, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10. DEFAULT: 10.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 6 OF 11 breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or OwnerlDeveloper, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 7 OF 11 14. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-SA, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 15. CERTIFICATE OF OCCUPANCY: The Owner/Develaper agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 16. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragiee to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Sadie Creek Commons, LLC 5275 S Durango Drive Las Vegas, NV 89113-015933 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 8 OF 11 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerlDeveloperhis fully performed its obligations under this Agreement. 21. IlWALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OwnerfDeveloper and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 9 OF 11 i BY: _ ~~~`~'M. ~~~~`~ ~ ~~ ~ .~ .~ 22.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER SADIE CREEK COMMONS, BY: CITY OF MERIDIAN Attest: CITY CLERK de WEERD ~v~ C'.yct„-icy / ZZ ' ~~ "Fo = ~~~~ _ ~ ~~ ~'%.yG,~r tit ~ .~ .,`, r ~Q, ni n DEVELOPMENT AGREEMENT (AZ OS-052} SADIE CREEK PROMENADE PAGE l0 OF 11 N evadat. STATE OF ) C,~a~-.k, ss County of Aida, ) On this ~ day of 1~GCehnbelr 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared 'Rau-.~.i 31acK.i 5r. known or identified to me to be the til4.ti.a 9ey' of Sadie Creek Commons, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) S~OARON FODNE.SS Notary Publie Slide of ~vada ~ """~"~J N°• q't''~-1: Notary Public for~laito N¢vo~o- My appt.• eucp. Feb. 25, 2011 Residing at: L_aGS VQA~-S . AJ~ t ~ac~o-- •~,.., My Commission Expires: iS /1 STATE OF IDAHO ) ss County of Ada ) On this 2-rl~ ~_ day of ~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and Willi G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day,~~i_year in this certificate first above written. (SEAL) : a ' c ~ e Notary Public for Idaho U, Residing at: ~1C~1 LTP ~ (~ 1 ~ ' , ~.~o4'~;a Commission expires: i©-11-11 ~~" • : c~'• DEVELOPMENT` AGREEMENT (AZ OS-052) SADIE CREEK PROMENADE PAGE 11 OF 11 .................. _ ~ .................._. ...............................,............_ ..._ _.._~...........w_.._.................._................. _...._._....~.-- ~/ w., ~, =.- TH$ LAND GROUT, 1NC. May 11, 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Parcel C -Annexation $.32 acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Conunencing at a found brass cap monumenting the Northeast Comer of U.S. Government Lot 1 of said Section 5 on the centerline of East Ustick Road, from which .a found brass cap monumenting the Northwest Corner of U.S. Government Lot 2 of said Section S bears South 89°39'20" West a distance of 2,656.46 feet; Thence following the northerly Line of said Section 4 and the centerline of said East Ustick Road, North 89°35'50" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Road, South 01 ° 14'39" West a distance of 402.23 feet to the POINT OF BEGINNING. Thence continuing South O1°14'39" West a distance of 277.05 feet to a point: Thence leaving said centerline, North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence North 71°28'10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1 of Section 5; Thence following said westerly line, North 00°15'11" West a distance of 296.40 feet to a paint; Thence leaving said westerly line, Soutli 66°12'00" East a distance of 600.96 feet to a found 5/8-inch steel pin; Thence South 81 °S4'00" East a distance of 303.60 feet to a found 518-inch steel pin; Thence South 84°06'00" East a distance of 498.95 feet to the POINT OF BEGINNING. Inirdu~pe Arrliitert~im •Si~e Plonaing . CiLi/Errgiure~iug ~n/JCoime lrrrgmion ¢h' Euginu~~ ~ Gm~/~ic Commm~itaiion 140ltivcr Vistn l~lacc, Twin raps, Idaho 2x108.733.4041 1~ 20$.733.4045 ~ www.thcland~pincc°m o:\c~n\r.•agle'1•ransferl~~7es\2651\Admin\icgals\11 0705r1_bottk~ 2651_lrarcelcanncx..doc 1'npc 1 of 2 1-ri ~~ ~~i +• THB LAND GROUC, IiVG • The above-described tract of land contains 8.32 acres, more or less, subject to any existing easements or rights-of--way.. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 8330] 208-733-4041 208-733-4045 (FAX) 51~~ ~ ~' ~~ 4~~1 ~ ~ o ~ s ~I ~~~' OF 1 °~ ~: ES~~ REVIE P OVAL BY . ~IAY ~ J 2007 ~ WORKS DEPT.iC Lannlrm~aArrliilettuia • Silo J'lonai~~ • Gi»/Engraeuiag ,o/fConru /rrisa/iou e4'~Enginsariag ~ Gru~i/~u Co~n-rinuicaJion 14012ivcr Vicha 1~lacc, Twin ri'alls, Tdaho PZ08.733.404] r 208.733.4045 • ww~v.r larrc~~tc +tainc,com O:\CAD\Isaglc 1'rarr.<fcr riles\2G5]\Admin\T,egale\ll_070591_lmtdes_2lST~racJ c annac..doc Pagc 2 of 2 w CITX OF MERIDIAN FINDINGS OF FACT, CONCLiTSIONS OF LAW AND DECISION & ORDER RECEIVED FEB 7 ~ 2006 J Ci radian ~ O~~ env ~ ~'k err~ir~n ~~ _~ ~~ ,~ In the Matter of Anne~atlon and Zoning of 7.7 acres to C-G zone (General Commercial Dish ict) AND preliminary Plat Approval for 24 Commercial lots AND a Conditional Use Permit for a mined use development within 300' of a residential district AND, for Sadie Creek Promenade by Landmark Development Group, LLC. Case No(s). AZ-OS-052/p'P-OS-053/CUP-05-049 For the City Council Hearing Date of: February 21, 2006 A. Findings ofFact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference) 2. Process Facts {see attached StaffReport for the hearing date of February 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2006 incorporated by reference} 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 2006 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-OS-052/AP-0S-0531CUP-OS-049- PAGE 1 of 4 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 aze 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 21, 2006 incorporated by reference. The conditions ate 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 September 15 2005 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 15, 2005 is herby conditionally approved; and 3. The site specific and standard conditions of approval aze as shown in the attached Staff Report for the hearing date of February 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve {12) Month 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 record a 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 (1$) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6$- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-052/PP-US-053/CUP-OS-049- PAGE 2 of 4 ~1 L_J E. 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 l l . if the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed.with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that taus is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 21, 2006 By action of the City Council at its regular meeting held on the ~ ~ ~ day of 2005. COUNCIL MEMBER SHAUN WARDLE COUNCII. MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: G. BERG, ~' ,: ,~blEldVYY ~ ~ ~~~ VOTED_ C%~- VOTED_ I~~ VOTED ~~~~ voTED-,~~~- .~-- VOTED '~y~WEERD ~''~ o ,~ ~,~ c'~r ~s~ • ~ •~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS~HkQB~tW-~AND DECISION & ORDER CASE NO(S). AZ-OS-052/PP-oS-053/CUP-OS-449- PAGE 3 of 4 • Copy served upon: ~ Applicant . / Planning DcpeuRment ~ Public Works Department -fir City Attorney By: Datea:__3-.~-0 ~o city clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-052/PP-05.053/CUP-OS-049- PAGE 4 of 4 CITY OF MERIAIAN PLANNING i1~RTMENT STAFF REPORT FOR THE HEARI~ATE OF 2!21!06 STAFF REPORT Meridian City Council Hearing Date: February 7, 2006 Continual to: February 21, 2006 TO Meridian City Council FROM: Meridian Planning Commission STAFF: Jae Guenther, Associate City Planner SUBJECT: Sadie Creek Promenade :•rv ru e~i~i~r~ % ~'~ t u~.vt~.~ -' ~y -.~ AZ-05-052 -Annexation and Zoning of 7.7 acres to C-G (General Commercial) for Sadie Creek Promenade by Landmark Development Group, LLC PP-05-053 -Preliminary plat for 241ots on 15.33 acres for Sadie Creek Promenade by Landmark Development Group, LLC. CUP-05-049 -Conditional Use Permit for up to 150,000 sq. ft. retaiUrestaurantJoffice uses is a C-G Zone fvr Sadie Creek Promenade by Landmark Development Group, LLC VAR-05-022 -Variance request to allow a right in/right out access point onto Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development Group, LLC 1. S'UNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat with a Conditional Use Permit (CUP) to construct up to 150,000 square feet of retaiUrestaurant/and office uses on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest corner of Ustick Road and Eagle Road/SH-55. This is the first detailed CUP application and would be the first commercial buildings constructed within the Kissler annexation project AZ-03-018. The 36.33-acre site was approval for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires that any future use be approval either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The applicant has submitted a Variance application concurrently with the CUP/PP/AZ applications that proposes one new approach to N. Eagle Road/State Highway 55, for one right-inlright-out access driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet south of Ustick Road. The overall design of the site is paramount on the approval of the Eagle Road approach. If the City Council denies the approach, Staff feels the conditions contained within this report and the amended Development Agreement for the 15.33 acres would sufficiently address the interconn~tivity of the site as a public street access to Ustick Road and three approved approaches have been provided for by ACRD. 2. SUMMARY RECOMMENDATION 2a. Staff is r~ommending approval with conditions of the subject applications (AZ-OS-052, PP- OS-0S3, and CUP-OS-049). Staff is recommending denial of the variance application (VAR-0S- 022) Staff has recommended that the Council require the applicant to submit detailed elevations for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to comply with Section 11-3A-19 of the Unified Development Code (UDC) and to add a new 8-foot wide walkway in the parking lot. Sadie Creek Promenade Subdivision AZ-OS-o52lPP-os-os3/cuP-05-049NAR-0S-~22 CITY OF MERIDIAN PLAN:NINff DE)1~"MLNT STAFF REPORT FOR THE HEARI•NG~TB OF 2/21/06 2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved 4-l to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson, Landmark Development, LLC ii. Yn opposition: None. iii. Commenting: Bill Knopp -Preferred the applicant not have access to Eagle Road Steve Grant -Traffic from development, and transitional uses with landscaping David Thurston -same comulaents iv. Staff presenting application: Joe Guenther, Associate City Planner v. Other staff commenting on application: Mike Cole, Development Services Coordinator. b. Key Issaes of Discussion by Commission: i. -Proposed uses on site - ii. -Heights of Office Buildings iii. -Cross access points to the south of the site c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding ]issae(s) for City Council: i. -Commissioner Zaremba voted Nay on the proj ect because he did not want to see access to Eagle as depicted on the presented documents. 3. APPLICATION A1VD PROPERTY FACTS a. Site Addt~ecs/Location: SW corner of Ustick Road and Eagle RoadlSH55 Township 3N, Range lE, Section 5 . b. Owner Sadie Creek Commons LLC 8080 W. Sahara Ave Las Vegas, NV 89117 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark Development e. Present Zoning. General Retail and Commercial (C-G), Meridian, Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's StatementJJustification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RetaiURestaurant/OfficeJDrive thru and other Commercial uses oriented around automobile Sadie Creek Promenade Subdivision ' AZ-OS-U52/PP-05-053/CUP-US-449NAR-QS-022 CITY OF MERIDIAN PLANNING DE~I'MENT STAFF REPORT FOR THE HEARINf~TE OF 2/21/08 traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, .and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter S Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fad constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use / planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. e. Newspaper notifications published on: November 14, 2005 aad October 31, 2005 (for planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City Council) January, 13, 2006 (for City Council) f. Radius notices mailed to properties within 300 feet on: October 21, 2005 (for Planning & Zoning Commission) January 13, 2006 (for City Council) g. Applicant posted notice on site by: November 7, 2005 (for Planning & Zoning Commission). January 27, 2006 (for City Council) 5. LAND USE a. Existing Land Use(s); Bare land b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites withnr- CentrePoint Marketplace, Kohl's site zoned C-G. 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Three undeveloped parcels zoned C-GI RUT/Rl with the same Development Agreement. 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for vari~ius High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The out parcel immediately south of the C-Cr site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Sadie Creek Promenade Subdivision AZ-OS-052/PP-0S-053/CUP-OS-049NAR-05-023 CITY OF MERIDIAN PLANNING DE~1'MENT STAFF REPORT FOR THEE HEARIN~TE OF 2/21/06 Location of sewer. Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: AgriculturaUIrrigated 3. Flood plain: N/A 4. Canals/Ditches irrigation: The Layton Lateral courses the southern part of property 5. Hazards: None identified b. Size of Property: 15.33 acres 7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information - N/A g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors:' As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. 'The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R 2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots l and 2 of Block 1 as shown on the landscapeJsite plan shall include a 25-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructer in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use lnformadon: 1. Non-residential square footage: 150,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 23% 4. percentage of site devoted to landscaping: Not defined 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Reaideritial units: N/A j. Amenities -The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A Sadie G'Yeek Pr°menade Subdivision AZ-OS-052/PP-OS-053/CUP-0S-049/VAR OS•022 CITY OF MERIDIAN PLANNING I~RTMENT STAFF REPORT FOR THE HEARI~ATE OF 2/21!06 1. Proposed and Required Residential Standards - N/A m. Proposed and Requiraihon-Residential Parking -One off-street parking space required for every S00 square feet of gross floor area. Also, one Type A and one Type ~ parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces shown, and the total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Strata and/or Access (private, public, common drive, etc.): ^ The applicant is proposing one new access point to Eagle Road/SA55 to serve the Sadie Creek Promenade project at approximately 400 feet south of the UsticklEagle Intersection. As noted above, ITD must issue aright-in/ri$ht-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by TTD at a point to be determined by ACRD. This praject along with the Bienville Project south of the site will connect with Sadie Creek Avenue, a proposed public street to mat the frontage road requirement and possible future connection to Eagle Road. In addition, the applicant is proposing three new access points to Ustick Road at the following locations: ^ Driveway #1-400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle {full access public street (Sadie Creek Avenue) with proposed traffic signal) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CLIP site plan shows a new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet PP-1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street approximately 16S feet east of the western boundary to the south property line. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through the proposed Bienville Subdivision. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly nortb/south connecting Sadie Creek Avemxe to Ustick Road. For a detailed report on both TTD's and ACFID's actions and comments, please seethe letterslreports submitted with the application. 6. AGENCY COMMENTS MEETII~IG On October 28'~ 2005, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. Sadie Creek Promenade Sulxlivision AZ-0S-052JPP-05-053/CUP-OS-fl49/VAR-05-022 CITY OF IV[ERIAIAN PLANNING D)~tTMENT 57AFF REPORT FOR THE HEARIN~TE OF 2/21/06 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this properly and apply to the proposed. development (staff analysis in italics below policy}: • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) 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: • 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 SherijJ"s Oj,~'ice. Once annexed the lands wild be serviced by the Meridian Police Department (AIPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACS). 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 sufj`er 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. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Bienville Subdivision meets the general classifications for mixed use regwnal. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Sta, fr' believes that the commercial areas proposed compliment the existing and planned residential Sadie Creak Promenade Subdivision AZ-OS-052/PP-0S-433/CUP-05-049NAR-05-422 CITY OF MERiD1AN Pfl.ANN1NG D~RTMENT STAFF REPORT FOR THE HEARI~ATE OF 2!21/06 areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Raad and Eagle Road). Chapter VII, Goal N, Objective D, Action 2: Restrict curb cuts and access points on collectors and.arterial streets. The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with AChiD's standards. Please see the ACRD staff report and Exhibit B for the conditions from ACFID. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial wild be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 25 foot wide landscape buffer is required adjacent to residential uses and 3S foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help unplement the Eagle Road Access Control Study, prepared by ACfID in 1997." (Chapter VI, page 71) ^ "'The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACpID to m;n;n,;'e access points on arterial.. ,roadways as development applications are reviewed." (Chapter Vl, page 72) ^ "Develop methods, such ascross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VIl, Goal I, Obj.. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) S. ZJN~IIFTED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail storelrestaurantldrive thru/ office! financial institute uses as permitted uses in the C-G zoning district. Sadie Creek Promenade Subdivision A7r05-052/PP-05-053/CUP-0S-049NAR-US-022 CITY OF MERIDIAN PLANNING DEP~114ENT STAFF REPORT FOR THE HEARING~E OF 2!21/06 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide far the retail and service nerds 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 }hghways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located inclose proximity to maj or highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off Street Parking Standards (from UDC 11-3G5): ^ The following standards shall apply for off-street vehicle garling for nonresidential uses: In all Commercial Districts the requirement shall be one (1~ mace for every five hundred t sguare___-,_f-eet of dross floor area.. ^ Type A spaces shall be not less than twelve feet (12') in widthandthirty-five feet (35') in length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65') in length. All spaces shall have d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on Property adjacent to an entryway comdor (Usticls/Eagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dtlmpsters, trash compaction and other service functions shlall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. a. Development along Federal and State Highways: Unified Development Code (UDC)11- 3H-1,Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway 69- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space): ' c. UDC 11-3H~.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. public street connections to the state highway shall only be allowed at: Sadie Creek Promenade Subdivision AZ-OS-0521PP-OS-053/GUP-0S-049NAR-05-022 CITY OF MERIDIAN PLANNING D1~tTMENT STAFF REPORT FOR THE HEARITE OF 2/2l/06 a. the section line road; and b. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road" 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP1AZdCUP application substantially complies with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan and building elevations in order for staff to recommend full approval of the application. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-05-052): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non~lomestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activi'es, processes, materials, equipment and conditions of operation that wiU be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11-SB-3D provides the P&Z Commission and City Couacil the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. a to th close , roximity of existing and future residential uses and the 1 ck of a detailed planned development staff believes that a DeveloQment Aaeement is necessarv_to ensuze that tb~s gro^~~is devel vii in a fashion that is__consistent with the comp e3 hliensive plane desi~tion and does not nea;atively impact nearbv properties. Staff believes that the Development Agreement should include the following provisions: basin • Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Usrick Road/Eagle Road intersection and then continue along Sadie Creels Promenade Subdivision AZ-05-OSZ/PP-05-053/CUP-0S-0A9NAR-05-022 CITY OF MERIDIAN PLANNING pEPI~IENT STAFF REPORT FOR THE HEARING ~ OF 2/21!06 Ustiek Road. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, staff recommends that prior tv issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustiek Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots. Non Residential Buildings• The applicant has requested a maximum of 150,282 square feet of retaiUrestaurant/office spaces. Staff proposes to limit the applicant to their request. The zr-axirnum square footage of one single building shall not exceed %z of the maximum request. Office buildings (western property boundary) All buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be Gam -1 Opm. Drive Thru Sep_aratx~on Request- The applicant has requested the drive thru spacing requirement be reduced from 300' to 240'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this application. cress to SH 5 / Eagle Road_ 'The applicant has requested as access point to Eagle Road. According to TTD records the applicant has not submitted a request for access permit and is not vested with an access point for this location upon change in use. All access for Sadie Creek Promenade Subdivision shall betaken from Ustick Road at points determined by ACID. ses: Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for Office Uses only. Not retail uses shall be located on these lots. All other lots shall be limited to Office/ItetaiURestaura~at/Drive tbru uses and General Commercial use listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. 2. PP Application (PP-OS-053): The proposed preliminary Plat substantially complies with the Zoning Ordinance. Special Considerations: 'dew • The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streetsldrive aisles. The sidewalks maybe detached from the curb with a S-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back aide of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. In accordance yrith the recently passed ACRD planter width standards, the width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class It trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk. The second drive aisle access point to Ustick Road shall be designed with the private street sections as listed im UDC 11-3F and subject to Sadie Creek Promenade Subdivision AZ-OS-052fPP-05-053/CUP-05-049/VAR-OS-022 CITY OF MERIDIAN PLANNTNO I~RTMENT STAFF REPORT FOR ?HE HEARI~ATE OF 2121 /06 including sidewalks. Use uffer :UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to• be lotted on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 30-foot wide buffer between the single-family homes and the office lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to graphically depict a 30-foot wide landscape easement on the plat along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. See Exhibit B below. fandscaoe Street Buffers: Aerials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in comrnon lots as per UDC I 1-3B. See Exhibit B below. Commercial .Streets: UDC I1-2B requires a 10-foot wide street buffer along commercial roadways. On the submittal landscape plan; the applicant is proposing to construct a 10-foot wide street buffer along both sides of Sadie Creek Avenue. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the raluired 10-foot wide stmt buffer easements slang Sadie Creek Avenue on the face of the final plat. Di erals Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to file all of the irrigation facilities located on site. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurised irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface yr well source is not available, asingle--point connection to the culinary water system shall be required, if a single-mint connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing: The applicant is not showing any fencing on any of the submittal plans. A detailed fencing plan should be submittal upon application of the final plat (UDC 11- 3A-7). ffpermanent fencing is not providal, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Sadie Creek Promenade Subdivision AZ-05-052/PP-OS-053/CL1P-OS-049NAR-OS-022 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARiN(3~B OF 2/2l/06 Cross-access Internal: There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and pazking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and at least one of the non-signalized access points to Ustick Road shall be designed to serve as a commercial collector for interconnectivity to the south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/0R in a document such as CCRs. See Exhibit B below. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access• The Idaho Transportation Department (1TD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- half mile intervals in urban areas.lTD allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. CUP Application (CUP-OS-049): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Loading_Space Parking• UDC 11-3C-8 requires off street loading spaces for commercial uses. The •Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refiiseJservice area behind the building. 2. Elev Lions: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property+ adjacent to an entryway corridor to comply with the design standards listed in this section. Staffs interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (iJstick Road and the new road on west boundary) must still meet the other standards listed in 11-3A 19 (except for the primary entrance standazds). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line messes, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate Iwo or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2} or more roof planes; d) varying Sadie Creek Promenade Subdivision AZ-OS-052/PP-05-053/CiJP-05-049NAR-05-022 CITY OF MERIDIAN PLANNIN.O DEP~+~IEAIT STAFF REPORT FOR THE HEARING~E OF 2!21/06 parapet heights; and e) cornices. c} Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. e/S 'ce Area :Neither the Site Plan or Landscape Plan call-out how or if the reiuseJservice area on the south side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 4. Cross Access: The property to the south is dependent on two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross aces with a section designed to meet private street standards with the second point of access not designated as a public street. Variance Application (VAR-05-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follows (sta, ff s analysis in italics). For additional analysis, seethe Variance Findings in Exhibit D. ^ Earle Roa Arterial Study - F' Report (Apr~'120041 This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a Ianuary 20051etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACRD Commission. The study includes the following recommendations: Para. 3.2.5, pg. 4: "ITD and ACID should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, overtime, via access consolidation, provision of secondary access, etc.. AC.HD has provided three access points to the site which lie along the broadest dimension of the site. The depth of the site would preclude any access to Eagle Road which would consolidate the accesses to the newpublic street (Sadie Creek Avenue) or the approved approaches to Ustick Road. These approaches all lie within 570 feet of Ustick Road which would be an acceptable length of which commerciad users would expect public road access. Sadie Creek Promenade Subdivision AZ-OS-052/PP-03-053/CUP-OS-049NAR-OS-022 CITY OF MERTI)IAN PLANNING T~RTMENT STAFF REPORT FOR THE HEAR1~ATfi OF 2/21/06 - Para. 3.Z.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into mwlicipal planning and zoning pOllcle3..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the member of trips and potential accidents on Eagle Road Traffic Accident Data Finally, to conclude staffs analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). 2004 TOP 1 o MERIOIaN accra~wr ~ .nt~e~nnu~Q INTEIZ8ECTION TOTAL # ACCIDENT8 EAGLE/FAIRVIEW 82 FAIRVIEVV/LOCUST GROVE 48 MERIDIAWOVERLAND 44 EAGLE/FRANKUN 41 FAIRVIEW/RECORDS 3g EAGLEMIAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/$T LUKES LN 28 MAIIWFRANKLIW ~ EAGLE/OVERLAND ~ in 2004, 228 of 1,357 total accidents in the City (16.'1%) occurred on Eagle Road. There is a direct correlation between the number ofa~cess points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZJPP/CUP applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/PP/CUp application with the conditions shown in Exhibit B. 10. EXHIBITS A. Drawings Sadie Creels l~ramenade Subdivision Az-os-ostiPr-os-oss/cuP-os-oasrvAlt os-oz2 CITY OF MERIbIAN PLANNING DEP~VIENT STAFF REPORT FOR THE HEARING ~E OP 2121/06 1. Site Plan (by The Land Group, dated September 15, 2005) 2. Landscape Plan (by The Land Group, dated September 15, 2005) 3. Preliminary Plat (by The Land Group, dated September 15, 2005) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD. D. Required Findings from UDC 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit Sadie Creek Promenade Subdivision AZ-OS-052/PP-OS-053/CUP-05-049/VAR-05-022 CITY OF MER1~DlAN PLANNINC3 D~tTMENT S'PAFF REPORT PdR 7'HE HEARIN~A?E OF 2/2l/06 Exhibit Al: Site Plan MP-1(1'he.Land Graup) Dated September 15, 2005 •.fR~~YgpIg7UN4 •OIT Aff f 1 ,..._. . / / ;• f ; ~~ 1 ~ ~ • jg V( s.~9s~~B~~~f •~ il• ~ ; . I a~ = f '/ t~ f• • ' ! ~ ~! i .;:j~ ~y 14 .~ 9 I• +F t ~~`4 i1 S i ~llal~q;~tt: ~ ~~~~i~E :~~~$~~ 1 j al +Y ~ ~ •, ~~ ~~~'~ ~~~~~~ ~, ~~~°~ ~~ ~ ~~ ~ ~~s, ~ ~ . ~ _..... ..~_4..~ _ _ __ . -. ~- ~ ~i~lis~o ,ii;;.l aSi~~i a r ~ • ~ o ~~~~~ s 1'' 1~; ~` : t { 1~Tir" ~ 1 ' /! 8 ~ ~ S/WIE CREEK PROMENADE SU801VISi0N i ~ . IIJp ~ f tj~f# 1~ ~ ~ Master Plan ! ~ 1 ~ ~a %e ~ ~ • i ~ ~ ~ Merbian. Malmo ~~$ °; Sadie Creek Promenade Subdivision lxhibit A Pagc I CITY OF MERIDIAN pLANNiNG DEP~MENT STAFF REPORT FOR TH£ HEARING ~E OF 2/21/06 Exhibit A2: Landscape Plan Ll.l(The Land Group) Dated September 15, 2005 i. -~ -• -n, ;:: . -. . ~l:t ~ i•~ i ~ SJ1D1E CREEK PROMENADE SUBDMSION ~~~ ~;~ ~ i ~$ ~ ~~ ~~ PRELINpNARY PLAT LANO3CAPE PLAN ; . ~Rtau-N. a~wo Sadie Creek Promenade Subdivision Exhibit A Page 2 J CITY OF MERIDIAN PLANNING D~R'fMENT STAFF REPORT FOR THE HEARII~ATE OF 2/21/06 Exhibit A3: Preliminary Plat PP-1(The Land Group) Dated September 1S, 2Q05 ~r.~ •~ ,''~ /.' . L t.._.7:.e) f l.. ', ~. . #:~ ~ r~~''.~J 4' 'I •~ 1 ~f~/~~/, a 1 , i• ~' ~~ ~ J ~~• ~ •-. !!-":_ •'::' is ' i~tii~9 g~~r": ' r '~ °i ; dye I5i ~? • ' ~ . :' ;• " _~ ~' ~ ~ 4j'~~s 3~ 3 :1 ~ ~~~$~$~ i ~ i~ a ~'i8~ r 4 ~ i ~~ j~ ~ a R^ t~ ~°~~~ r ~ ~~ 4i = L~ :Z a~ ~ H t ,pi,.i~+ :~ o v- ~~ ~ ~~~ s ~ ~ ~~~~ y ~ ~ ' ~ ax i - ~ b ~~'~ H ~ p d F ...m.~ ~jl~i!= ~I~iyy!' `" 4~^ Il1l~~if .ri`iys ~ i a ~sl[1-~~ i< ~ d ., s ~ ~E~~ir , I l~( -a"::`- --- .. ,~ s°~r-..l_ 4 ~3~~i~~ ~~~o t°' . ,~ ! 3=s~•. -_. -. SApIE CREEK PROMENApE SUBDMSIOM ~ ~~ •: ~ ,I - i' Prellmin~y Plat ~ l .: r ~~ ~ Sadie Creek Promenade Subdivision fixhibit A Page 3 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HBARINTE OF 2/21106 Exhibit B: Legal Description Royl~nce & As~sa tea P.A. -.~gint~ats • st,t~yot~ • ~ 394 W. Street, Stds E, tea, Idttto 83848 Teltpltone (ZOB) 9t8}?,824 Fat (208)839.856 September I S, 2005 Frt>ject No. 2739 Legal Description The Land Group Anntatatiott Area 8.32 Ades EXHIBIT A A tract of land for annexation ate to-torte putpose4 situated in U.S. Oovemment Lot 1 of Section S and U.S. Ooventment Lot 4 of Section 4, Township 4 North, Range 1 Beet, Boise Meridian, Ada County, Idaho, described as follows: Commencing ai a found brass cap tttontmtetttiagfhe Northeast Comdr of said Section S, from which a fwrttd 5l8-inch atoel pia moaum~ntiag the North One t~uatter Comer of said Soctiotr S bears South 89°39'20" West a distance of 2656.46 feet. thanes following the northerly litre of ~ Sectioa 4, North 89'35'50" East a distat:Qe of 27.59 feet to an Idaho Transportation Departnrertt Monument rnmtutmnting the intersectia~n of said nottlrerly line and the centerline of N. Eagle Road-Highway 55; Thence leaving ceid aau~d~iy One and following said centerline, South Ol°14'39" West a distance of 402.23 feet to the PO)NT OF BFAIIVNWG. Thence following said Centerlirw South Ol •14'39" Went a distance of 277.05 feet to a point Thence leaving saki centerline North 83°S4'00" West a distance of S>~ 48 feet to a tbund 518-inch steel pin; Thence North 71 °28' 10" Rest a distat-ee of 803.90 feet to a found S/S-inch steel pin on the westerly line of said U.S. Govemmau lot 1; Thence following said westerly line North 00°15' l l" West a distance of x96.40 feet to a point, Themx leaving said westerly liter South 66° 12'00 " Fast a distanco of 600.96 feet to a fowed 5/8- incb steel pin: Thcece South B I°54'00" East a distance ~ 303.60 feet m s found 518-inch steel pin; Thence South 84'06'00" East a distance of 498.95 feet to the PO1N'I' OF BEGIN1V11VG. The above.dcecribed tract of lend eontair~ 8.32 acros, more or less, subjoct to all existing eas~eata and rights-of-way. Prepared By: ROYLANCE d< ASSOCIATES P.A. 39.1 W. STATF. S'I'RET?7', St~l'TE C IiAGLE.IDAHO 8J61G ZIl&939-2824 20R-939-2$_SS {FAX) X:1ProjocW.snd Sadie Creek Promenade Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLAIVNIN() DEP~JENT STAFF RF,POR'1' FOR TH~1~ HEARING ~ OF 2/21/06 !'! o a ~~ m~ ~~~ ~~a 'v f1f D ~o ~'~ ~ m ~~. ~~~~ ..g~Q ~$~~ ~~ ~ ~~ ~ III ' I 1 ~ ~ ®.~~ I ~ „„ ,, ~ ~~ ~N O ~~~~~ N001S~11'E 328. ~~ ~~ w O~ i~ n Z ~~ ~ !w xy ~ ~! -1 ~+'~ nO ~ ~ m z, ~ rn i D ._ A r ~- ~ ~i ~~T ~' . O ~ ~ Q x I ~ A C) Z . ~ I 1 ~~ ZA ~• S7 (•~ : ~a- z ~~p ~= u~~ ~ ~~~ ~m Z ~~~~ ~a~$in w ~ ~~~~$~ I~ ~ ~m~~ psvDi-~~ I~ o=ira a~ Apr . ~,oo ~~,~ I _ ~ O I °~~ ~ ~$~ r ~ $ '1N 2n.a5"''~" ~.~s `" .. . S01'14'39'W 878.28'... . - . • SOQ~Q'00'YY 2811.41' - .. ..... . '~ N. EAGLE ROAD -STATE HIGHWAY SS ~~ c z 7~ ~N `~ o ri x Sadie Creek Promenade Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLANNING I~RTMENT STAFF REPORT FOR THE HEARIl~ATE OF 2/21/06 C. Conditions of Approval ' 1~. Planning Department SITE SPECIFIC REQLJI1tEMENTS-- {Sadie Creek Promenade) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, dated September 15, 2405, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-052) and Conditional Use Permit (CUP-OS-049) applications shall also be considered conditions of the Preliminary Plat. 1..1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refiiseJservice area behind the building. As long as the two spaces are dedicated, striping of the spaces is not required. 1.1.3 Graphically depict on the face of the plat, the proposed 30-foot wide landscape buffer easement along the office lots that abut single-family lots. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the residential areas. 1.1.4 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Eagle Road Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.5 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plea consistent with UDC l 1-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. Including but not limited to full landscaping along Eagle Road which currently is listed as aright-in/right-out access. 1.1.6 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.7 Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade Subdivision Business' Owners Association(s). 1.1.8 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Sadie Creek Promenade as an approved subdivision name. 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the tune of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the north elevations shall extend at least 20 fat beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuselservice area. 1..1.1.3 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Sadie Cr~k Promenade Subdivision Exhibit C Page I CITY OF MERIDIAN PLANNING DEP~uI.ENT STAFF REPORT FOR THE HEARINO~E OF 2/21/06 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) ~ for all lots in Sadie Creek Promenade Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and parking azeas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACRD, direct lot access to Ustick Road, Eagle Road, and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.17 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. 1.1.1$ Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe requiral by the Environmental Protection Agency. 1.1.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A 18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. Ix is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.22 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.23 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.1.24 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 MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ar non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Sadie Creek Promenade Subdivision Exhibit C Page 2 CITX OF MERIDIAN PLANNING DEPl~IENT STAFF REPORT FOR THE HEARING ~ OF 2/21/06 1.1.25 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditionalnse does not relieve the applicant of responsibility for compliance. 1.1.26 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC l l-6A. 2. Public Works IDepartment 2.1 Sanitary sewer service to this development is being proposed via extensions of mains located in E. Ustick Road. The applicant shall install mains to and through this development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public works. 2.3 An additional water connection to the main located in N. Eagle Road maybe required to ensure adequate fire flows. The decision will be made by the City Engineer once specific building designs and fire flow requirements are submitted 2.4 Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with tlae graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked E?OiIBTT A) and an 81/2" x 11" map with bearings and distances (marked E7CFI>BIT 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 applicant has indicates that the required pressurized irrigation system in this development is to be owned and operated by the Business Owner's Association. Plans will be reviewed by Public Works as part of the plan review process with a draft "Operations and maintenance" manual being required prior to plan approval. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface yr well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shat! be required. >f 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 Seal plat by the City Engineer. 2.7 AU irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. Sadie Creek Promenade Subdivision Exhibit C Page 3 CITY OF MERIDIAN PLANNINti DE~TMENT STAFF REPORT FOR TiE HEARINi~TE OF 2/21106 2.10 The preliminary plat does not indicate how the storm drainage will be disposed of. A drainage plan designed by a State of Idaho licensed architect ar engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1.91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Deipartment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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, satlitary sewer, water, etc., prior to signature on the final plat. • 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 All grading of the site shall be performed in conformance with City Code. 2.18 Compaction test results shall be submitted to the Meridian Building DepaRment 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. 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 %:" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted r•~ 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. Sadie Creek Promenade Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR TH•E HEARING ~E OF 2!21/06 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appenduc D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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 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. 3.8 The new commercial lot will have an unknown impact on Meridian Fare Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.9 The Sre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicld Heugly (898-5500) to address this concern prior to the public hearing. 3..14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 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 r+oirte 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). Sadie Creek Promenade Subdivision Exhibit C Page S CITY OF MERIDIAN PLANNING D~RTA~IENT STAFF REPORT FOR THE HEARII~ATE OF 2!2]/06 For buildings equipped throughout with an approved automatic sprinkler system installed in acxordance with Section 903.3. i .1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide tt~fic calming design to decrease travel speeds on Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief,and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, font porches, and adequate nighttinne lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading areas shall be separated from all public parking areas. S. Pants Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by b foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for speciScations and tree box construction drawings. 6. Sanitary Service Company 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 Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site. Dedicate right-of-way to accommodate the sidewalk or provide a sidewalk easement. 7.2 Construct a 40-foot wide north-south public street located at the west property line, with vertical curb, gutter and S-foot wide attached concrete sidewalk abutting this parcel. A temporary turnaround is required. Install a sign at the terminus of the roadway stating that "THIS ROAD WII,L BE EXTENDED IN THE FUTiJRE". Sadie Creels Promenade Subdivision Exhibit C Pagc 6 CITY OF MERIDIAN PLANNING DEP~NtENT STAFF REPORT FOR THE HEARING ~E OF 2/21/U6 7.3 Aright-in/right-out driveway is approved on Ustick Road as constructed, located approximately 400-feet west of Eagle Road. ?.4 A full access driveway is approved on Ustick Road as constructed, located approximately 600- feet west of Eagle Road. 7.5 Driveways en the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick Road 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of~pproval 7.7 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.8 Private sewer or water systems are prohibited from being lacated within any ACHD roadway or right-of-way. 7.9 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.10 Replace any existing damaged curb, gutter and sidewallc and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.11 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. 7.12 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 ACFID Ordinances unless specifically waived herein. An engineer registered in the State of Idatlo shall prepare and eerEify all improvement plans. '7.13 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. 7.14 Construction, use and property development shall be in conformance with all applicable requirements of the Ada (:ounty Highway District prior to District approval for occupancy. 7.1 S Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Tmpaet Fee Ordinance. 7.16 It is the responsibility of the applicant to verify all existing urilities 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 ACiEID right-of--way. The applicant shall contact ACID Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. Sadie Creek Promenade Subdivision Exhibit C Page 7 CITY OF MERIDIAN PLANNING DEP~ENT STAFF REPORT FOR THE HEARING ~ OF 2121!06 7.17 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. 7.18 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. Sadie Creek Promenade Subdivision Exhibit C Page 8 CJTY OF MERIDLAN PLANNING DEP~MENT STAFF REPORT FOR THE H~EARIN(3~E OF 2/21/06 Exhibit D. Required Findings from Zoning Ordinance 1. Annexation Fiudfngs UbC 11-SB-3E: The commission and council shall review the particulaz facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriental uses. Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and aze Iocated in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-053/CUP-OS- 049NAR-OS-022). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Several road inoprovement projects are occumng in the near vicinity to the site or are approaching completion that are tied in with the approved and under construction projects, specifically Ustick Road. The subject property is generally surrounded by rapidly developing commercial properties. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The entire site is being proposed as commercial and upon build out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed commercial units but bas agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. The Council finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan dest~iption, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such Sadie Creek PromEVaade Subdivision Exhibit D Page 1 CITY OF MERIQIAN PLANNING DEP~ILNT STAFF REPORT FOR THE HfiAR1NG ~ OF 2/21106 as government offices. The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. 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 polidcal subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road. The applicant will be responsible far the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are neaz to this site and the applicant should be able to extend such services to the site. The Council finds that the subject site is proposed for development in a fashion sitnilaz to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions are attached as Exhibit C. On October 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/depar~ents, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds Were will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexatiton is fn the best of interest of the City (UDC 11-5B-3.E). If the applicant enters into a Development Agreement (DA) wiW the City, the Council finds that the annexation and zoning of this properh- to C-G (General Commercial, and in accordance with the findings listed above, the Council finds that We atmexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City (see Analysis section in the StaffReport). 2. Preliminary Plat Findings UDC 11-6B-6: In detemrining the acceptance of a proposed subdivision, We Commission shall consider the objectives of this Title and at least the following: Sadie Creek Promenade Subdivision Exhibit D Page 2 CITY OF MERIDIAN PLANNING DEP~ENT STAFF REPORT i:OR TH•E HEARING~E OF Z/21/06 A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is 'in conformance with scheduled pnbLtc improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capabfiity of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and 1TD consider road safety issues in their analysis. The Commission and Council reference any public testimony that may be presenter to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the perimeter of the site. 3. Conditional Use Findings UDC 11-5B-6E The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: 1. That the site is large enough to accommodate the proposed nse and meet all the dimensional and development regulations in the district in which the nse is located. The Council Ends that the site is 15.33 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. Sadie Cre~c Promenade Subdivision Ex}u'bit D Page 3 CITY OF MER1b1AN PLANNING DEP~[~+IENT STAFF REPORT FOR THE HEARRVG~E OF 2/21/06 2. That the proposed nse will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed retaiUrestautantlofficeJdrive thru uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standazds of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to lsagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, this finding will be met. 3. That the design, construction, operation and maintenance will be compatible with other Haas is the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area The Council finds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R 2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZIVAR conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACRD and 1TD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed nse will be served adequately by essential public facilities and services snch as highways, streets, schools, parks, police and hire protection, drainage strictures, refuse disposal, water, and sewer. The Council Ends that sanitary sewer, domestic water and irrigation are available to the subject property. A recently completed apublic-private partnership to improve Ustick Road to five lanes and ACRD is plarming to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. 6. That the proposed use will not create excessive additional coats for public facilities and servlcea and will not be detrllnental to the economic welfare of the community. The Council Ends that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed nse will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general welfare by reason of excessive production of traffic, noise, smoke, Tomes, glare or odors. The Council Ends that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Sadie Creek Promenade Subdivision Exhibit D Page 4 CITY OF MERIDIAN PLANNING DEF~viENT STAFF REPORT FOR THE HEARING ~E OF 2/21/06 The Council recognizes the fact that traffic and noise w°1 increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds the future buffer between land uses along the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the propo~d use wfil not result in the destruction, loss or damage of a nataral, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features on this site. 4. Variance Findings ZTDC it-5B-4D The Ciiy Coaa~cil shall apply the standards listed in Idaho Code 67-6516 and all the, findings listed in Section 11-SB-4.E of the UDC to review the variance request In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the disMct: if the City Council grants the access points to Eagle Road/SHSS, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. The applicant has more than 500 fat of frontage on Ustick Road with which to design multiple access points and take public street access. Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications ~to the standards of Article H upon specific recommendation of the 1TD. However, to staff s knowledge, no such recommendation has ban provided to date. ITD staff has commented that standard district policy applies to the site which does not allow for access to Eagle Road other than at the %z mile intersections. Therefore, the City Council finds that granting a variance to the site would be a special privilege which is not allowed in this district. 2. The variance relieves an undue hardship beeaase of characteristics of the site; Council finds there are no physical characteristics of the site which demand access points be constructed that are any more unique or different than other properties along Eagle Road SH55. For example, there are no major canals or ditches which prevent access to Overland Road. The subject property has no barriers to const>•ucting multiple access points to Overland Road as approved by ACHD. Granting any of the proposed access points to Eagle Road may relieve some traffic congestion within the site because southbound traffic on Eagle Road SH55 would not be forcal to use Ustick Road to get through the EagleJOverland intersection; drivers could potentially make afree right-out turn and avoid a right hand turn on to Ustick Road from the site. However, this is not tied to a physical characteristic of the site, which is what this finding requires. In addition, when construction upgrades (signalized intersection at Sadie Creek Avenue) to Ustick Road to the west of the site are complete, aright-hand turn onto Ustick from the site should be relatively simple with little or no stacking for southbound traffic and multiple turning lanes for northbound traffic. Sadie Creek Promenade Subdivision Exlnbit D Page 5 C1T1C OF MERIDIAN P1.ANNINO pEP~IENT STAFF REPORT fOR THE HEARING 1~ OF 2/21/06 3. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the right-inlright-out access points to Eagle Road SHSS has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing southbound traffic. Granting the full movement access has the additional potential conflict of adding vehicles to the center turn lane where the speed limit is 55 miles per hour. A vehicle going SS miles per hour will trave180.685 feet each second, as the proposed access is only 3'06 feet from the intersection it would take a south bound vehicle approximately 4.5 seconds to cover the entire length of the development where vehicles would be merging in multiple lanes. ff a center median is constructed, some of these potential conflicts maybe avoided, but it does not address the increased number of vehicles needing to merge with southbound Eagle Road traffic. We recommend the Meridian Fire and Police Departments provide further testimony on this issue. Kohl's CUP Application Exhibit F Page 1 January 18, 200$ RZ 07-006 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT J.E. Development, LLC ITEM No. 5-L REQUEST Development Agreement -Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook - 300 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubec meetings shall become property of fhe City of Meddlan. RECEEV~II SAN 9 ~ ~0~~ City ®f Iih[eridian. City Clerk ®ffice Date: January 18, 2008 To: City of Meridian Attn: Tara Green 33 E. Idaho Ave. Meridian, Idaho 83642 Subject: Bellabrook ~Ilas -Executed Development Agreement Enclosed are the following items: ~. - .. - ~- 1 Executed Develo ment A regiment Please find the enclosed executed Development Agreement for the Bellabrook Vllas Project located at 300 S. Locust Grove in Meridian, Idaho. These are transmitted: ^ For your ^ Fw action ^ Fw review ® Fw your use ^ As requested files specified at~ve and approval Sincerely, Enclosure(s) cc: I854 E Iamds Stnoet Mead~n, ID 8362 T?A8.8458955, F.208.846.8956 Ifarec~nes are not as noted l +~Y ~ at orme. ~ r ADA 1~UNTY RECORDER J. DAVIDI~RRO AINOUNT .QO 46~ BOISE IDAHO 01l~l08 10:81 AMI 11 ff II 11 II ~ DEPUTY Bonnfe 0barbflgg ~LI ~'ll rl"~11 ~~1 ~~'~L~~~~I~.~i~ ~~~ ~ ~~~ RECORDED-REQUEST OF Marldian Ciry 108008769 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. J.E. Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~~ day of fl 20t1~, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY, and J.E. Development, LLC, whose address is 1854 E. Lanazk, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of R-15 (Medium-High Density Residential District), (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS PAGE 1 OF 9 Council, i~nciude responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 14s' day of August, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in foil. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in thus section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS PAGE 2 OF 9 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to J.E. Development, LLC, whose address is 1854 E. Lanark Street, Meridian, Idaho 83642 the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, Gity of Meridian as described in Exhibit A describing the parcels to be re-zoned and R-15 (Medium- High Density Residential District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2 which are herein specified as follows: 34 mulli family condominium units on 4.38 acres, and the pertinent provisions of the City of Meridian Comprehensive Ptan are applicable to this RZ 07-006 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: The development of this site shall substantially comply with the site plan and conceptual elevations submitted with the application (shown in exhibit C) and presented at the public hearing. DEVELOPMENT AGREEMENT (RZ U7-006) BELLABROOK VILLAS PAGE 3 OF 9 • 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (RZ U7-006) BELLABROOK VILLAS PAGE 4.OF 9 • 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at OwnerlDeveloper's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible far such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed DEVELOPMENT AGREEMENT (RZ OZ-006) BELLABROOK VILLAS PAGE 5 OF 9 under Meridian Cixy Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTII+'ICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued i~n any phase in which the unprovements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained i~n the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: clo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: J.E. Development, LLC 1854 E. Lanazk Street Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (RZ 07-006) BELLABROOK VILLAS PAGE 6 OF 9 • 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,. upon written request of OwnerfDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT (RZ 07=006) BELLABROOK VILLAS PAGE 7 OF 9 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordi~nanee in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER J.E. DEVELOPMENT, LLC BY: G~~%~~~~ MAYOR T de WEERD ATTEST: ,,,~ ~. ~ r .~, '-; ////// Fo WILLIAM G. BERG, CI ~ ~, ~~ ,~ ~~ ~ '''''''~~~~Htrrrrii i~r~N```~,````\`~ DEVELOPMENT AGREEMENT (RZ U7-0U6) BELLABROOK VILLAS PAGE 8 OF 9 STATE OF IDAHO, ) ss County of Ada, ) On this 1 t ~~' day of a, a.• , 2001, before me, the undersigned, a Notary Public in and for s ia1 d State, personally appeared V~ t"~ ~ s a h. known or identified to me to be the iM a r.~.~yi of J.E. DEVELOPMENT, LLC and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~~..... .,~G~.~~ ,d• (SEAL) : C~ ~-~O T ~ ~'~,'~•: • ~r@ ~~ i • , .~ ~: i : .,' ~ •~i9 ~ ~ • ••••~ 1DA~~•~• ••....• STATE OF IDAHO ) Notary Publ' for Idaho Residing at: /~"f ~Ls~~y~,~ My Commission Expires: /IvJLlGI ! l ss County of Ada ) On this day of 200' before me, a Notary Public, personally appeared Tammy de Weerd and William .Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) J o ~A~ Notary Public for Idaho Residing at: ~d l.V ~ ~ ~ i ~ Commission expires: L -11-J 1 DEVELOPMENT AGREEMENT (RZ 07-QU6) BELLABROOK VILLAS PAGE 9 OF 9 • ~eaai .L~escriatibi~ ~:I~abrc~ok 'villas A parcel of land iorated'in the NiN~ ~.'of~ftie lVW`% of Sectic~t~ 1'7', 'township ~3 North, .Range 1 East, Boise iUteritlian, AdaCa~inty.; laiaho, and more.par8a~ariy descnbec~ ss foNows: Commencing at a brass alp rnonu~nent- marking t>~e northwest c~nmer of said NW' J4 of the NW % from whiff a brass- cap monument rraarictilg the southwest comer of the NW % of said Secllon 17 bears 5' 0°31'43° V1f a distertce of 2658.74 feat; Thenc~e~ S 0°31'43" IlU along the westerly boundary of said h1W '1e of the- I~V1f 'la a distance of X90.67 feet to a paint; Thence leaving .said weatsdy'boundary S 89'°8T1:9° E a distance- of 48:00 feet to a Y inch dianeter iron pin on this easterly right~of--way of S. tolcus# tarove Road stud tree P~iNT ~P BI=GlNNiNt3; Thence ~cantinuing S 89°ST19° E a distance of 844:94•~eet to• a ~5/8~ inch .diameter iron pin; Thence S 0°29`13" W a disiaance of 77.52 feet to a % indh diameter iron pin; Thence N 89"50'37" ~ a. distance of 867..77 feet to a 51.8 inch diameter'hor~ pin; Thence S 0°32'24° W a distends atif 310.91 feet to a ~ inch diameter iron pin; 'T'hence N 89°b8'07" W along a line 50.00 feet north of and parallel to the southerly boundary of said NW 1 of the NW ®a distance of 37?.18 feet to a 518 Inch diameter iron pin on the ~asteriy right-of-way of S. Locust Grove Road; Thence N Q°31'43e E along said easterly. right-of-way a disfiancs ~of 388.80 feetta the PAINT ~F BEC31NN1NG. This parse! contains 4.38 acrss anal is subject td any eas+~ments existing or in use. Clinton W. Hansen, PISS land Solutions, PC May 11, 2006 #q Ap ~VA1• ~~i . gY FED ~ ~ 2~~ M ~aRKS EPT G ~ ~~~~~ i~i~a servgtne ma, ra,-s~ '11~ 1 ~ 8' ~~ ~f,~ jr~ ~° z aN 1IU . HP~Y Be!lakuoo9c~ Subdivision ,lob: No. Oir,~8 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF . LAw AND DECISION & ORDER „t raw sar• eri~i~r ~~ `~ ~' V \\ ~u.~+o a~ In the Matter of the Request for Rezone of 438 Acres from R-8 (Medium Density Residential) to R-15 (Medium High Density Residential); Conditional Use Permit for multi- family residential use in a proposed R 1S zone; and Approval of Private Streets within the Proposed Multi family Development, for Bellabrook by J. E. Development, LLC. Case No(s). RZ-07-006, CUP-07-038, & PS-07-002 For the City Council Hearing Dates of: May 22, June 5 & 19, and Jnly 24, 2007 (Findings on the August 14, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 2007, 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 Aet of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof: The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002 ~ ~ 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. Tt 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 Flanning Deparment, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan, Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 5, 2007, 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 Rezone request from R-8 to R-15 as evidenc~l by having submitted the legal description and exhibit map stamped by Clinton Hansen, dated May 11, 2006, is hereby approved; , 2. A Development Agreement is required with approval of the subject rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference; 3. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan dated 7/15/07 is hereby conditionally approved; 4. The request to allow private streets within the proposed development is hereby approved; and 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference. D. Notice of Applicable Tune Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-6, CUP-07-038, & PS-07-Q02 ~ ~ conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be consttuct~ within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1., the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use penmit approval may withintwenty-eight (28) days after the date of this decision anti order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). RZ-07-0Ob, CUP-07-038, & PS-07-002 • ~~~~ By action of the City Council at its regular meeting held an the '~ day of 2U07. a~ov~d~ COUNCIL MEMBER DAVID ZAREMBA VOTED_~y~a-- COUNCIL MEMBER JOE BORTON VOTED__~~~ COUNCIL MEMBER CHARLIE ROUN'TREE VOTED_,~~~'~'' COUNCIL MEMBER KEITH BIRD VOTED__~~~ TIE BREAKER ..rte MAYOR TAMMY de WEERD VOTED MAYO~~~_ Ix,deWEERD CC.f~~ . ATTEST: t WILLIAM G. BERG, JR., CLEI;tK '~ ,~~' ;~ -.,~~~7~ r tai • ~~,.. .~ ~ ~~• ~Py served upon: / Applicant ','~~~~~~rrrrni ar.r~~``~~~``` _~, Planning Department ~/ Public Works Department / City Attorney r. Dated: ~' il0`0~1 By: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038. & PS-07-002 CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IH:ARING DATE OF JUNE S, 2007 STAFF REPORT Hearing Date: June 5, 2007 (continued irom May 22, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) $84-5533 SUBJECT: lBellabrook Villas i Q ~ amr n~ . ir~wo • RZ-07-006 Rezone of 4.38 acres from R-8 (Medium Density Residential) to R-15 (Medium High Density Residential). • CUP-07-038 Conditional Use Permit formulti-family residential use in a proposed R-15 zone. • PS-07-002 Request for approval of private streets within the proposed multi-family development. 1. SU1VIlI~ARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J. E. Development, LLC, has applied for a Rezone (RZ) of 4.38 acres from R-8 (Medium Density Residential) to the R 15 (Medium High Density Residential). Concurrently, a Conditional Use Permit (CUP) is requested for multi-family residential use in a proposed R-15 zone. Approval of Private Streets (PS) within the proposed multi-family development is also requested. This parcel was previously annexed and zoned (AZ-06-040) to R-8 and a preliminary plat (PP-06- 038) for 20 single-family homes on 20 building lots was approved in 2006. However, the applicant decided not to follow through with the platting process and instead, improve the property as a multi- family development. Currently, the applicant is proposing structures in combinations of two and four dwellings each, which will later be converted to condominiums, on asingle un-platted parcel of land. The site is located approximately t!a mile south of E. Franklin Road, on the east side of S. Locust Grove Road. Currently, there is a single-faffiily home and associated outbuilding on this site. The subject property is currently bated within the Urban Service Plannir-g Area and the corporate boundaries of the City. 2. SUMMARY RECONIlVIENDATION The subject applications (RZ, CUP, & PS) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit and Private Street applications. Staff is recommending approval of the proposal Bellabrook multi famly development (R7~7-0Ob, CUP-Q7-038, & PS-09-002) with the conditions 1~ In Exhfbit B of the Stag Report. The Meridian Planning and Zoning Comtwwlsslan heard these items on Aari119.2007. At the p~lfe ]tonrino_ ±>,e Commission voted to recommend aDnroval with requirement of a Development Agreement. a. Summary of Commission Public Searine: i, iLn favor: Shawn Nickel (Applicant's Reprmentatlve) ii. III ODpOSltlon: Jerry Cunningham Iiellatnook Villas RZ CUP PS PACrH 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 b. and elevations as submitted: c. Kee Commission Changes to Staff.Recommendation: i. Reaaire a Development Asreement to incorporate the arooosed site plan and elevations as snbn>itted d. Ontstandins Issuetsl for City Council: i. Reanirement of a Development Agreement to .incorporate the uroposed site elan ii. ~ SLmm rv of City f'e~ cLl_Pnh is Hearln~r• I~nSayor• Shave i ic+!~'s Renr~entative)_ Ross Ericltge (AnnLicantl (Ann) n Nickel . , _ ti. in onnosiden• None ~. Co?m~il![:.1 1ea na 4 ith i. Access and emer¢encv access 119]IIt~o~@ pL4D!<111I to the east for future redevelonmeut ,~ _ Kev Co Heil Chases to Staff/Cammission Recommendation L e Ann i~nt sh 11 record n aQreeme t oranting crowaccess to the nronerty 7 Cmm~li9nce non icatton i ~ ~(`~atp of th t t 1tt~ _ ~ np, . o e eas ~ ~d1~1.11~f111 Q $, The Annl_icant shall Host. a si~•o at the end of the_~rtvate street at the east nronerty boundary stn u tha a road 4v311 be ea~tended in the fntn_re. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 006, CUP-07-038, & PS-07-002 as presented in staff report for the hearing date of June 5, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 006, CUP-07-038, & PS-07-2 as presented in the staff repoR for the hearing date of June 5, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you nrust state ~eeific reason(s) for the denial of the CUP and what the applicant could do to gain your approval in the future.) Bellebrook vtlla9 RZ CUP PS PAGE 2 ui. Commendne: Christie Jordan iv. Written testimonv: Ronald Hod¢e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE S, 2007 COntiauance I move to continue File Numbers RZ-07-006, CiJP-07-038, 8t PS-07-002 to the hearing date of ('insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/]:ACation: 300 S. Locust Grove Road (Parcel #S 1117223480) NW '/< of Section 17, T.3N., R.lE. b. Owner: ]'. E. Development, LLC 1854 E. Lanark Street Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use Conumwuty g. Description of Applicant's Request: 13ellabrook Villas is designed as amulti-family condominium project containing 34 units on 4.38 acres, with private streets, and a request for rezone to an R-15 designation. The gross density for the project is 7.76 dwelling units per acre. The 34 individually owned 2 plus bedroom condominium "Villas" will be attached in combinations of two and four dwellings each. All Villas will have two car garages with two additional parking spaces available in each driveway. The proposed buildings are depicted with two and three story elevations for each group of dwellings. Usable open space in the foam of pedestrian walks and a gathering courtyard will create a centralized community amenity with a connection linking the project to the future Five Mile Creek regional pathway corridor. 'flee gathering area will include seating, shade trees, and community artwork Additional common area includes a buffer along Locust Grove Road and landscaping of the eastern strip leading to the Five Mile Creek area (see Applicant's letter for more detail). 1. Date of Site Plan (attached in Exhibit A): February 14, 2007 2. Date of Landscape Plan (attachal in Exhibit A): February 14, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and City Council on tkris matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-SA 2, a public hearing is required before the Gommission and Gity Council on this matter. c. Newspaper notifications published on: Apri12, 2007 and Apri116, 2007 (Commission); A~n1 30.2007 and Mav 14.2007 tClty Council) Hepabrook Villas RZ CUP PS PAGE 3 CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 d Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); Apn7 27. 2007 (Clty. Coundll e. Applicant posted notice on site by: Apri19, 2007 (Commission}; May 11.2007 (City Council 6. LA11TD USE a. Existing Land Use(s): There is one single-family home and associated outbuildings on the site. b. Description of Character of Surrounding Area: This area contains a wide variety ofuses-in the city (office, church, residential, etc.) and a mix of Waal parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: LDS Church property, zoned C N & RUT (Ada County). 2. East: Rural residential property, zoned Rl (Ada County) and Commercial property, zoned C-G. 3. South: Rural residential property, zoned R1(Ada County) and further south, Woodbridge Subdivision, zoned R-4 4. West: Commercial property, zoned L-O and rural residential, zoned Rl (Ada County). d. History of Previous Actions: • Tlus property was annexed and zoned (AZ-06-040) R-8 on October 10, 2006 (Ordinance No. 06-1268}. • A preliminary plat was approved on October 3, 2006 for 20 single-family residential building lots and 4 common area lots on 4.38 acres of land. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer. This property is proposing to sewer to mains located in Locust Grove Road Location of water. This property is proposing water service to mains located in Locust Grove Road. Issues or concerns: Flood plain on the eastern portion of this property. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: A portion of this property along the eastern boundary lies within flood zone AE and is within the tloodway. 4. Proposed Zoning: R-1 S (Medium High Degsity Residential) 5. Size of Property: 4.38 acres f. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 27.7% or 1.21 acres of useable open space 4. Other landscaping standards: See 11-3B-7, Landscape Buffers Along Streexs, for landscape Bellabrook Villas RZ CUP PS PAGE 4 CITY OF MERII3IAN PLAN1~iING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JUNE S, 2007 requirements in the buffer adjacent to Locust Grove Road. g. Amenities: Per UDC 11-4-3-27D.2, 3 amenities are required for this development. The following amenities are proposed: walking trails, a grassy area of at least fifty feet by one hundred feet in size, public art, and a gathering courtyard that will create a centralized com~m~unity and include seating and shade trees. The applicant has complied with this requirement. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The site plan shows 2 parking spaces in a garage for each unit. i. Required Dimensional Standards for Multi-family Residential Use in the R 15 Zone, per UDC 11~-3-27 and 11-2A-7: l . Minimum Building Setbacdc 10 feet (Unless a greater setback is otherwise required Iry the UDC) 2. Maximwn Building Height: 40 feet j. Summary of Proposed Streets and/or Access: Access to the proposed development will be :&om S. Locust Grove Road. The applicant is proposing to construct private streets within the multi- family development with 27-foot wide street sections (measured from back of club to back of curb) within a 37-foot wide cross-access easement, with rolled curb & gutter, and a 5-foot wide attached sidewalk. A stub street is not proposed to the property east of the site for future connectivity. ACI3D does not have a~+ requirements for the internal private streets. Staff is generally supportive of the proposed street system with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. 7. C011+IlV1~NT5 MEETING On March 30, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Deparhnent, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS This- property is designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. The proposed Medium High Density Residential zoning district, R-15, is con-patible with this designation. The Mixed Use Community (MU-C) land use designation is anticipated to contain 3 to 15 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 34 multi-family units on 4.38 acr~c for a gross density of 7.76 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicabke to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it pdanned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner; - Sanitary sewer and wader service will be extended to the project at the developer's expense. Rellabraok Villas RZ CUP PS PAOE S GTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. The subject lands are currently serviced b7' the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District This service will not change. 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 Comparry. • Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The applicant is proposing to construct a section of multi-use pathway on the site that will connect the fortes master pathway planned along Five Mile Creek across this property • Chapter V, Goal I, Objective A, Action 2 -Identify feasible interconnected greenbelt areas along waterways, railroads, etc. The northeast portion of this site is bisected by the Five Mile Creelk The applicant has proposed a pathway leading from the residential portion of this development to the Five Mile Creek with a section of 10-foot wide multi-use pathway that will connect to the north and south along the creels Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. A I (1-foot wide pathway is proposed at the northeast corner of this development that will connect to the north and south for the greenbelt planned along the Five Mile Creek (see above). • Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (give Mile, Eight Mile, ...etc.) throughout commercial, industrial, and residential areas. The Five Idle Creep which bisects the property at the northeast corner, will be proteMed and will remain open aiul unchanged. Open space with pathways will be provided adjacent to the creels • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain conshuction debris on site and prevent windblown debris from entering adjacent agricultural and other progenies. The applicant is proposing to construct a 6-foot tall closed vision fence, where fencing does not currently exist, on the property boundary behind the proposed residences. This fencing is required to be constructed prior to release of building permits to contain debris during construction. Permanent fencing is not required around the common area on the northeast Bellabr~lc Villas RZ CUP PS PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENC STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 portion of this site because a large part of this area is within the fioodplain/fioodway. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompah'ble land use development on adjacent parcels. The applicant is proposing a residential zone. SYafJ" finds that the proposed residential development should be compatible with the existing residential properties in the area. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regardiag landscaping, signage, fences, and wails, etc. The Applicant will be required to construct a 2S foot wide landscape buffer along Locust Grove Road that complies with UDC 11-3ji`7, Landscape Bu„Q`ers Along Streets. All subdivision identification signs proposed for the site must be approved through a sign permit and shadl comply with UDC 11-3D-81 and 11-3D-10, Table 2, Subdivision Identification Signs. Fencing proposed on the site shall comply with UDC 11-3A-7. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. T'f:e applicant is proposing to construct fencing around the perimeter of the residential portion of the development. Fencing is not required adjacent to the common area on the northeast portion of flee site because a large portion of this area is within the fioodplain/fioodway. Said fencing should comply with iIDC 11-3A-7, Fencing standards. • Chapter VII, Goal N, Objective C, Action 1Q - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing oppommities. Sta,,fJ`'believes that the proposed medium high-density residential »tt~lti family development will assist in providing a variety of residential housing opportunities in the City. Further, the applicant intends to convert the dwelling units to condominiums in the future. • Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existuag low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The applicant is proposing to construct a six foot tall privacy fence around the portion of this development that is adjacent to the proposed residences. The applicant is also proposing a large amount of open space on the eastern portion of this site that is ad, jacent to the rural parcel to the east. StafJ''recommereds that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screeni»g or more transition in density is appropriate. • Chapter V, A. Current Conditions, 2. Hazardous Areas (page 32) This section of the Comprehensive Plan discusses development of areas that are affected by the 100-year fioodpltein. A portion of this development lies within the fioodplain (FP) overlcry district. The purpose of this disMct is to guide development in flood prone areas of any watercourse that is consistent with the requirements for the conveyance offiaod flows and to minimize the expense and inconveniences to the individual property owners and the general Bellabrook Villas RZ CUP PS PAGE 7 CITY OF MERIDIAN PLANNING DEPA1t7RgENT gT,4FF REPORT FO THE • R HEARING DATE OF JUNE 5, 2007 public through flooding. Uses permitted in this district area generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of the floodwaters, The open space/recreadion area proposed within the FP overlay district complies with the purpose of the district as stated above. 9. UNTIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC)11-2A-21ists amtiti-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (i1DC 11 ~-3-2'n apply to multi-family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Distaicts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corres~nding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to StaffRecommendation: REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use -Community, Staff believes that the requested R 15 zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on May 11, 2006 by Clinton W. Hansen, PLS) is accurate and meets the requisements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Flaaning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Bemuse the Applicant has provided a detar7ed site plan and elevations for the site as part of the CUP application that wW be included as an exhibit iri the Findings of Fad and Conclusions of Law, Staff does not believe ttiat a DA is necessary to ensure that the site develops in a manor that is consistent with said plans. If the Commission or Council feels a development agreement requirement is necessary, staff recommends a clear outline of the commitments of the developer being required. CONDITIONAL USE PERMI'P: Per UDC i i-2A-2, Multi-family Developments require conditional use permit approval and must comply with the Specific Use Standards listed in UDC 11-4-3-21 as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The building envelopes shown on the site plan meet the minimum setback requirements stated. Additionally, a 20 foot setback ds provided on the units that have a front garage. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The site plan does not depict airy service areas; if service areas are proposed, the Applicant shall comply with this requirement. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not 13ellabrook villas RZ CUP PS PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF kEPORT FOR THE HEARING DATE OF JUNE 5, 2007 count toward this r~uirement. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC (T'hree story units contain180 square feet of covered patio per unit; 2-unit structures at south end of project & end units on 4- unitstructures contain 96 square feet of covered patio per unit; 2-units at northeast cornier of site contain 108 square feet of covered patio per unit) (See a-mail submitted by Rass Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting compliance with this requirement) d. Developments with 20 nni~i or mare shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a dir~tory anti map of the development at a convenient location. This devedopntent does contain more than 20 units and will comply with this requirement. 7fie applicant has shown two central mailbox unit locations on the site plan. Further, the applicant (Ross Erickson) states in an a-mail to Staff dated April 17, 2007 that a directory and map of the development wilt be provided at the entrance of the development; An o, f, j4ce to manage the condominium association business will be provided within the president of the coruiominium association's dwelling; and a 10-foot by 12 foot maintenance and enclosed storage area will be provided within the open space located near the east side of units 9 & 10. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, Z parking spaces skrall be provided in a covered carport or garage. The elevations show a 2-car garage on all of the units, as required. f. Common Open Space Design Regnirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. 'The common open space shall be not less than 400 square feet in area, and shall have a minimtua length and width dimension of 20 feet. The open space shown on the site plan demonstrates compliance with this requirement. f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities fiom separate categories (i.e. quality, of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qual~ng amerrities: 1. walking trails (recreation), 2. grassy area of at Least fifty feet by one hundred feet in size (open space), and 3. public art (quality of lsfe). Additionally, the Applicant is proposing a gathering courtyard that will create a centralized community and include seating and shade trees. g. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. The proposed elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited in UDC 11-4-3-27E, and the elevations submitted with the subject CUP, will be required with the ,future issuance of Certificate of Zoning Compliance's on this site. Staf}'is generally supportive of the proposed elevations with the following comment: Staff'' has requested that the applicant submit a perspective view of the 2- anit sducAure proposed at the northeast corner of the site prior m the City Council meeting. A 'ant hos tom lied 'th this requirement and the nerxDettive view of all of the aianosed unfits is included in .Exltibit h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscapin$ along their foundation. The foundation landscaping shall meet the following standards: Bellat+rook Villas RZ CUP PS PAGE 9 CITY OF' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum misters height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. i. Maintenance and Ownership Rssponsibilitles: Per UDC 11-4-3-27G, a legally binding document shall be record~k that states the maintenance amd ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and 'other development features. Existing ResfdencesBuddings: The site cturrendy contains a home and associated outbuildings. All existing buildings shall be removed as proposed prior to release of building permits for this development. Fencing: The applicant is proposing to construct 6-foot tall closed vision fencing along the west, south, and east boundary of the site. Six-foot tall closed vision fencing currently exists along the north and southeast boundary of the site. The existing fencing along the northern boundary was constructed by the I.DS Church. The applicant is also proposing to construct a 4-foot tall open vision fence on the northeast and southeast boundary adjacent to the common area. Per the UDC, six-foot closed vision fencing is sot allowed adjacent to common open space ormicro-pathways. The existing 6-foot tall closed vision fencing shown on the site plan adjacent m the common area on the eastern portion of the site should be removed if permission can be obtained from the I,DS Church. I£ pemaission can not be obtained to remove the fence, it may remain because it is not owned by the subject property owner. Further, Staff is recommending that fencing not be constructed adjacent to this common area as shown on the landscape plan because a large portion of this area is within the floodplaira/floodway; the applicant is in agreement with Staff s recomtrrendation. Perimeter fencing is required to be installed amend the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with Ulm 11-3A-7. Stub Street: The applicant is not proposing a stub street to the property east of the subject property. There are 2 parcels east of this property. The 2.1 acre parcel abutting the subject property is owned by Marshall Smith and contains a home and outbuildings and is currently accessed by a SO foot wide "flag" from Locust Grove. The other 3 acre parcel to the east of the Smith parcel is owned by Jerry & Betty Ctimningham and appears to be vacant. The Cunningham's also own a house/lot in Woodbridge Subdivision that abuts the vacant parcel on the south. It is unknown whether or not the Gtirrrnimgham's have an access easement across the Smith property to Locust Grove Road. Approximately'h of the Cunningham parcel lies within a flood zone and a portion is also within the floodway of the Five Mile Creek Because the Smith property consists of only 2 acres, Staff believes that the existing access to Locust Grove is sufficient to serve this site and a stub street is sot necessary. Further, because it is not feasible for the subject property to stub to the Cunningham property because open space is proposed for the area that abuts this property, Staff believes that a stub is not necessary to this property either. Pathway: The 5-foot wide pathway leading from the residential portion of the development through the common area to the 10-foot widemulti-use pathway should be constructed as shown on the landscape plan. The applicant states that a 1 S-foot wide section of the Five Mile Creek is currently piped and that a S-foot wide pathway currently exists over the Five Mile Creek, which will provide a connection to the 10-foot wide multi-use pathway. Ditches, Laterals, and Canals: The Five Mile Creek intersects this property at the northeast corner of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of eny Bellabrvok Villas RZ CUP PS PAGE ] 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIlJG BATE OF ]UNE 5, 2007 natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure ][rrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fillaI plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved speciScations and in accordance with UbC 11-3A-15 sad MCC 9-1-28. PRIVATE STREETS: The applicant is proposing private streets within this development. Per IIDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a peapetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. kf a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certi5ed engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twemy-four (24) feet or twenty-six (Z~ feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewakc shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff is generally supportive of the proposed private streets within this development. However, the Fire Department has commented that the lutenist private streets as shown are not wide enough to allow for visitor parking on the street. Because visitor parking is needed on the site, Staff is recommending that the sidewalk adjacent to the internal side of the streets surrounding Bellabrook Villas RZ CI1P PS PAGE I I ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF JUNE 5, 2007 snits 15-18 and 23-26 be removed, and the streets widened, to allow for parking on one side of the streets. ATo parting shoald be allowed along the internal side of the streets surroanding the 8 internal snits and should be signed accordingly. Parking should only be allowed on the external side of the streets. Note; The site plan dons show a 20' x ZO' parking pad for each of the units that could be used for additional visitor parking if the resident's cars were parked in the garage. Except for the parking pad, no parking is allowed within the common driveways of the units with side entry garages, per the Fire Department. b. Staff Recamrnendation: Staff recommends approval of the sabjed applications (R7r07-006, CUP-07-005, & PS-07-002) based oa the Findings listed in Ezbibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of April 19, 2007. The Meridian Asreement The_Meridian City Count 1 heard these items nn Mav 22 Tnne S ~1 inle 4.2007. At the nnh is hearinu on iolm ?~ 200'7 thev spp~nv~d he cuBiect '7 CiiP & P4 11. EI~~1TS A. Drawings 1. Site Plan (dated: L1 2. Landscape Plan (dated: ~4ld7 15L 3. Four-unit Structure Elevations 4. Two~nit Elevations for Structures along South Boundary 5. Two-unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) 6. Perspective Dra~rlas of the Two-Wait and Four-snit Stracture Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Bellat+rook Villas RZ CUP PS PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'1 E OF ]tJN'R S, 2007 Extdbit A CiTX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A. Drawings 1. Site Plan (dated: ~4~8~ Li Q CONbIT10NAL UBE BITE wLAN FOR BGLL,ABROO/C VILLA4Z BITLJATED IN A PORTION OP SECTION 17, TOV1fNBHIP 3 NORTH. RANI®E 1 EA8T. BOISE MERIDIAN, AbA COUNTr. IOAHO L 2007 P .+~,' _ {DBCIOJRp/(PpY ~ I II.1 i @E i ~~ J'~ ==~ 1 1 ' . - - ! ~.~;~; ~=;,?r ' Imo. .rvawa~r~n,a. ~.,. ~ysty~ EeEa:~ . ' L ~~ w. w. • ~~i i°~i ~map~$~wrp .~.,,~„a.... ' ,,"~ a ..m...,..,..~ ~. °4.7::.x....... Rr . . ~^~~ ..,........,~..........,......o.... uav~e~ tcm r~ n _ .~ ~ ~ p ..~ C,~.,,.; ~~~ N ~ ~~~, , sY~ •• I nwr rr~ NOg1Or ,~.;,:: .s~..,. .,~. :~ :. '~ x ~~.b ~~~~ i Fachibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE 5, 2007 ~ ~~~ N _ -_ ~~ y 7 ~... µ-- ~aa~ a... .~~ 7. r°~.i:"'~~'r •1O omn.aiaw..~" «..n~..a ,+eawv.e. ~ .J •u tlONDInOM11L WC LAMS90AiQ PLAM iOR'SBt~A~Ws emrwTeo.u~ w /Owrlp1~10I SSOnaM n. TONnvOM1P S.MOMrM. aA41Qf ~ 684. OaOS 110/WV<rN1P1~ oOyM-Y.IM/q .~. ~~~` __.~ . ' -- ~~. ,`~ ..~... ~~. d .. ~BB .n.~pow.n.ee..ae....e+ ,.... ~{'. B8 9l,7rm E~ggtl ~~ ~S\1s1AY~iQYM1YOt ~... ~~^er~orr: ~~ SS ~.:::~ .d.~._~: q ...~.R,....r ~7 r~ s~l ~~~ ~r-~~.~ ~~r1~ ~~- ~~~~ ~~ ~aa~ Exhibit A 2. landscape Plan (dated T1 LQ anuwrCe M n aeanew on 90MIOe~ ~r TOMMBNtP a MOnTq. RAMPS ra!Mr. e~eme Mmm.~M. xeA eeuMrr, uw.w aces CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE S, 2807 3. Four-unit Structure Elevations Front ~e',.~'„ ~m~-r>I Rear rct•^ •IF.YI•'O'~ Ri) Sic ~~! .~ ~E 1 ~~ a e6! »,; . ,~ . w~ a ~~ i~ ~~~ m ,~ t ~` ~~ ~+ £xIu'bit A ~ ~ CITY OF MEWDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR THE I~IIEARINO DATE OF JI]NE 5, 2007 4. Two-unit Elevations for Strtutures along South Boundary LeR Side Front O Right Side Fachibit A ~ • CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARINd BATE OF JUNE 5, 2007 S. Two-wut Elevations for Structure at Northeast Comer of Development (Units 9 8t 10) Front FRpiT o evie~u LeR -Side Rear ~~AEJJt •..gu~ $ide Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF JUNE 5, 2007 6. Persnectiee Drawing of the'Irvo-unit and Fow-unit Structwe Elevations ~; ~ '.. ~, ~?~' r 'Z, ~, ~~-~ = t }_ l G V ,+ ~~A W`. .. 00 0 4Po e `+ ~ h~ ~~ ~ ~ ~ ^- A P Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE S, 2007 B. Conditions of Approval i. PLANNIIYG DEPARTMENT 1.1 REZON~ i COMMENTS 1.1.1 Prior to the rezone ordinance approval. a Develon,Inent Aer_eement aLall be entered into ~etvveen tLe City of Merfdia0• the nrooertv owne~ris) (at the time of rezone ordinance at.minim~m. the following: 1.2 SITE SPECIFIC REQ>•rfI1tEMENTS (CONDITIONAL USE PERNIIT) 1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepared by Erickson Civil, boc., dated February 14, 200?, is approved, with the conditions listed herein All comments and conditions of the accompanying Rezone (RZ-07-00~ and Private Street (PS-07-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-0OS). 1.2.2 The landscape plan prepared by Erickson Civil, Inc., on Febntary 14, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. • Fencing shall not be constructed adjacent to the common area on the northeast portion of this site because a large portion of this area is within the floodplain/floodway. All fencing on the site shall comply with UDC 11-3A-7. • Per UDC 11-3B-10, the applicant should work with the City Arbarist, 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 nucseryrnan responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certifcate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 Construct a 10-foot multi-use pathway along Five Mile Creek as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TiiE HEARING DA'I`S OF JTJNE S, 2007 1.2.4 Submit a copy of the approval letter from the Ada County Street Name Committee for private street names proposed within the development with the Certificate of Zoning Compliance application(s) for this site. 1.2.5 All private streets shall be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 1.2.6 Upon tetrtative approval of the Private Street application by the City Council, subject to any applicable conditions of approval and the regulations of Chapter 5 ADMtxlsTtsATtox of this Title, the applicant or owner shall have one (1) year to complete the following tasks: • Obtain approval from the Ada County Street Name Committee for a private street name(s); • Contact the Transportation Authority (ACFID) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; • Create a perpetual ingresslegress easement or a single platted lot for the private street to all applicable properties; and • The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. • Upon completion of the items noted above, the Director shall issue a letter stating that the private streets have been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 1.2.7 All private streets within the development shall be designed and constructed according to the standards listed in UDC 11-3F-4,The sidewalk adjacent to the streets surrounding touts 15-18 and 23-26 shall be removed, and the streets widened, to allow for parking on one side of the streets. No parking should be allowed along the streets surrounding the eight internal units and should be signed accordingly. Parking is only allowed on the external side of the streets. 1.2.8 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi-family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi-family developments. NOTE: A CZC application m,~+ include mrildpde/all multi- family units within the development 1.2.9 All sigaage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs.l'rovide fencing around the perimeter of the building sites as shown on the landscape plan, All fencing shall be constructed in accordance with UDC 11-3A 7 and condition of approval #1.1.2 above. Perimeter fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. 1.2.10 A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development feattues. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.12 The AoDlicsnt Sha~ecord ae airreement ~rsnfino rrn•~nrnaac to tl~o n~nna..t.. t.. Exhibit B CITY OF MERIDIAN PI,ANNING•AR7IMIENTSTAFF REPORT FOR THE HEARIN G DATE OF IUN$ S, 2007 1.2.13 stath~ that the road wYll be. xtended in th . ~'ntnrn Z. PUBLIC WORKS DEpARTMEt+tT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; 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 Dover 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 Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9.4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe} being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as gait of the construction plan review, A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustmerrts to achieve this separation requirement and comply with all landscape requirements. 2.1 ] Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Sp~ifications. Exhibit B CTf Y OF MERIDIAN pLANNJNG DEPgRTMIIV'f STAFF REPORT FOR THE HEARING DATE OF ]LJNE S, 2007 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located pasttheright-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users a~ociatictn approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2..1.5 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.1 b All development improvements, including but not limited to sewer, water, fencing, micro-paths, Pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Wor1Q development plan review, and canstncction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewallc access. 2.22 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. 2.23 The engineer shalt 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. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 wattfixtures is 25-feet, height for ZSO watt fixtures is 30-feet. 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 ai3er power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entice project. One and two story Exlu'bit B ~ s C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT F'OR THE IiEARAVG DATE OF 7CJNE 5, 2007 family dwellings 3600 square feet and greater will require a 5re flow of 15Q0 gallons Fa' minute. Fire hydrants shall be places an average of 500' apart. International Fire Code Appendix C3.2. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department far bacxeria testing. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Deparhnent. a. Fue Hydrants shall have the 4 ~" oudet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be glace 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the lFC Section 509.5. h. Show all proposed ar existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 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 approval turn around on streets greater than 150' in length with no outlet. 3.6 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.7 Insure that all yet undeveloped parcels are maintained free of combusrible vegetation. 3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.9 Operational fire hydrants, temporary ar pernranent street signs and access roads with an all weather surfxe are required before combustible construction is brought on site. 3.10 Building setbacks shall be per the Imernational Building Code for one and two story construction. 3.11 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 GV W. 3..12 The fire department requests that any future signalization installed as the result of the development of flue project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 Maintain a separation of S' firm the building to the dumpster enclosrne. 3.14 The f rst digit of the Aparbgnent/Office Suite shall correspond to the Hoar level. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Exhibit B • CITY OF MERIDIAN PI.ANNINp DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE S, 2007 3..17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 All R-2 ties with 3 or more units shall be required to be fue sprinklered. 3.19 There shall he a fire hydrant within 100' of all fire department comrections. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Parking should be prohibited in driveways of side entry garages to allow room for Fire Department turn around. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed, two feet is height. Trees shall have a canopy of no less than six feet. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.3 Frivate streets are not wide enough to allow parking for visitors. Visitor parking should be provided en the site. 5. PARKS DEPARTMENT 5.1 The Parks Department did not subnut comments on this application. 6. SANITARY SERVICE COMPANY 6.1 No comments were received fiam SSC regarding this application. 7. AbA COUNTY HIGHWAYDLSTRICT Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated March 26, 2007, in response to this application. The Ietter states that because the internal roadways are proposed to be constructed as private streets rather than public streets, ACRD does not have any requirements for the private roads and that the applicant should only comply with the improvement and right of-way requirements for Locust Grove Road. Additionakly, the Applicant should submit construction drawings to the ACFID Development Review prior to final approval, and pay all applicable review and impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 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. 8.3 Run-off is not to create amosquito-breeding problem. Exhibit B • CITY OF MERIDIAN PI..ANNIAIG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .TUNE 5, 2007 C. Legal Description & Exhibit Map ~.BB 8eliabrook Villas A pwce! of ~d located an flee NW % d the NW Y, o! 3eratan 17, Tawnuhtp 3 North. R~ t Feet. Boilia . AQa , tdalla. end mac paRfu~rlt- dexxtbed M Maws ConMere+rclr~ t2 a Oraee cap rrror'1+unerri marking qta rraltaxeet confer d satd rtVY Y.' d Ihe~ NW Ys (rbtn whtdh a br~pgs oe0 rrronurlrerrt maritttrg the eadlwre~ OOmer of d18 MN'/i d said SeG+on 1T treari S X91'43" W e d~ten0e d 2668.74 teal: Thence 8 l!'31'a3' W clang the wsslary boundary at std NW % ttf the htiN %a a disience +Df 69Q.8T that 6a a point: Y'11er10a 38id vMNteAy b0lrrldely 8 tt9'ST1t1 F a df~rroe d 4®.00 feet to s ~- irxm dim kwar pM an p+e e+seterly r~f- of s. tocr,at Qro~ Road end the PotNT OF t~att+~uNC;: Thence conNnvhg s t19.5't•t9' E a distance d 904.90 fast to a SfA tncti d'wrrater Iron pin: Thence s tr29'13' W s d d 77.52 feet toe % inch elarrreter iforr piro; Therroe N tl9'Si'3r W e dismr+os d 387.77 ~ to a Sts indr mater Iran pin: Tharroe S O'3Y24' W 8 d of 310:91 teat to a K inrfi trop pb~; Thence N 88'138'07' W atang a ttrre 50.00 (eN rbrttr of and pare8ai to tits sautl~rty boundary of said NW Y. d the NW % a distance of X7.18 feet to a 8!8 Inch dtenretar U+~ pkr ~ Me easterly 'thence N 0'31'4 g stag acid easterly rlgM-0f~wey a distance of 388.NI feat to ~ PCiNT OF 8E®It+11tlSit~. Ttda parcel corNatns a.38 eat and Is sutijea to ant- easernante eTg ~ b+ use. cr- w. tin, its land saa,~+e, pc easy 11, 2008 pp ApvA~ eY .N M£~ K~ ~~ ~andW9~'~ °~ eeeabrcorc 8abdiNSiari .cos No. o~3e Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE 0)= JUNE 5.2007 Ballabrook Villas Boundary Exhibit LOCATED IN THE NUV t/4 OF THE NVf! 1/4 C>F SECTION t 7, T3N, R t f, 6M, CITY OF MERIDtAtV, ADA COUNTY, IDAHO IOOb oF~i .rrr .vn ro~~~n J tr ~, E. fiPMAKL~Y .IPO. ~ '~ ~ I~ trt..,nu+awr~ ~ 9~ s ~a~r~ ~. ~ I I ARfA •~ ~ ,~9 AA9fS ~.wli~ w ~; .~ ~~~ 4~ ... ~ asr~s'ar ~ ~rr,s• N 1/// •-I ~~p$p ~~ 7 ~• -R(/~If !+W IkfR Np 116t~i! R ~pPiWY1N. 8Y ~' ~~ j a ~~ 2~ ~..r1.~~ ~ ~1 L1"~~ .~~-~ sand Survey~rtg and Consutanq ~~ ~. gyn. ~..- +~.~: E~~~t c t:ITY OF MERIDIAN PLANNING DEPARTMkNT STAFF REPORT FOR TIC HEARING DATE OF JUNE S. 2Q07 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shaII make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R 15. The Council fiends 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 witl. the regulations outlined for the proposed district, spedficaUy the purpose statement; The Council finds that firttire development of this property will comply with the established regulations and purpose statement of the R-1 S zone. G The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public service within the City including, but not limited to, school districts; and, The Council Ends that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E}. This fording is not applicable to the subject rezone request; the Council finds that the rezoning of this property to R 1 S is in the best interest of the City. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular fads and circumstances of each proposed conditional use in terms of the following, and may approve s condi~tonal use permit if they shall 8nd evidence presented at the hearing(s) is adegaate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fends that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R 1S district and the multi-family Specific Use Standards. F~cfibit D • CITY OF MERIDIAN PLANNllYG DEPARTMENT STAFF REPORT FOR THE HEARIlJG DATE OF NNE 5, 2007 b. That the proposed use wID be harmonious with the Meridian Comprehensive Phw and in accord with the requirements of this Title. The Council finds that the proposed multi-family residential use in the proposed R-15 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operadon and maintenance w~71 be compatble with other uses in the general aefghborhood and with the existing or intended character of the general vicinity and that each nee will not adversely change the esse~ial character of the same area. The Council finds that the proposed multi-family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. Tbat the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and 8re protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve aetivides or processes, materials, equipment and conditions of operadon that will be detrimental to any persons, property or the general weffare by reason of excessive production of traffic, noise, smoke, fames, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result iD the destruction, lose or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to Exlu'bit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVO DATE OF JUNE 5, 2007 determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The applicant shall comply with the private street design standards listed in UDC 11-3F- 4A and conditions of approval #1.2.5, 1.2.6, and 1.2.7 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cease damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; aad If the Applicant complies with the conditions listed in Exhibit B of this staff report pertaining to private streets, the Council does not anticipate any hazard, nuisance or other detriment fiom the private streets if they are designed and constructed as required by UDC 11-3F~4. c. The use and location of the private street shall not co~lict with the Comprehensive Plan and/or the regional transportation plan. The Council finds that the use and location of the proposed private streets do not con#lict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D a~ ~~ ~ ~ FG fir ~ P P :+ PP•MMr 9 ~ Y~~~R~~~gSp~ pp6~ 777g~111g ~ p8~ ~ ~~ Qgg~~~ ~ g~S~ $ ~ ~~ 0 9~~~~~ iA 4 y~g~~ ~8 ~ ~~g~ ~~ y~$W H~ ~ ~~ t ~ : ~; ® ; ~ f~~ i ~~ i ;~~~ ~ ii~j~j~~~iii~;,~fij to C m 0 i~ Dp 'o z 00 ~~ oz~ m~~ mmm ~~v~ o0m ~z~ o~ v~ ~go~ pZA Cam ~Z~r ~ W 0 0 =AS o~~ .< ~~ o~ m N • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-~ REQUEST Sanitary Sewer and Water Main Easement Agreement for Minert Plaza by D&R Property Investment, LLC 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: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .QO 5 BOISE IDAHO 02!07/08 10:55 AM DERUTY Bonnie OberbilOg II I I' I~'I II,.I~'I I I+L+i I'I.~ I"I ~ I' I I tl' RECORDED-REQUEST OF 1119eetidian City 108013638 SANITARY SEWER AND WATER 1VIAIN EASEMENT THIS INDENTURE, made this Z c7 day of -wvewt; 20 01 between ~~ ~' ~ ~~~ ~+~~" +~- ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S W.doc 1 .}.. ~Sg • • 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 wllicl~ is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, tl~e said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: n~~ey~ State of Idaho ) )ss County of Ada ) On this day of 20, November 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ryan Minert, known or identified to me, to be the Manager of D & R Property Investment LLC, a(n) Idaho limited liability company, a cuted the within instrument, and acknowledged to me that such limited liability company executed the a~ -e. IN WITNESS WHEREOF, this Agreements ~jEen executed as of the date set forth above. JEFFREY AUSTIN Res' ir> f1~1 ertct'i~r r~t~/ NOTARY PUBLIC commission expires ~/Ltacr=~-~~~~ STATE OF IDAHO ~~e~ i GRANTEE: CITY OF MERIDIAN Tammy de WeerB ayor \\.~`~ ~'~'~ ~~ ~ ~'l,L, ~~~'-' ~~ ro Attest by William G. Berg, r., City Clem ~G ~"' e _ Q.~ ~ n _ Approved By City Council On: ~.nv r ~ STATE OF IDAHO, ) ss. County of Ada ) C~ On this ~2~ day of (~n~~~ , 2005, 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. ~~, EN ~~~ (SEAL) ~ ~~ SLY ~`.~ : NOTARY PUBLIC FOR IDAHO i ~';~F,~ ~ ~~s Residing at: ~ ,~~~ ~ ~ ~, O UI ~~ Commission Expires: ~~ ~~ ~~ -11 `,''~' ~ ~~'~ %~I ~ `.~ .,'G,~~ ~ ~.__ ~vr ~~ ~~~~~ ~~~~~^ Sanitary Sewer and Water Main Easement EASMT SW.doc Page.~.~Oi.~.~ ~ iD 4Y •~ ~Y Q~DR ~iS yT 19 990 ~ 7~ ~t raw .~- ~ ~~ ~ ~~ ~~ ~° ~~~. ~. ~- . 4~~~3N il~~~T EnT ~ LOGS € T~ ~~L~ LJ~I~ LEN~T(tl ---._... ~tl~l~ :~7~ ~ ~ ~ , ':59' , __.. _ a,~~. soa°a9'a~"E ~.4~ e~l~9'43'1~D"F s.~3 S~9'4,3'7~"Nl E:~O NQ~'~i'~'~ '''t~' . .. a.~4 SS~`~4~' air"ail' 173 c,IJTH~l1E~T CG~RNER i ,~T i a ~0 fl 2~ 5{7 '1 s~0 S-CAFE IN FEET Leaai Description Minert Ptaza Subdivision -Water and Sewer Easement An easement located in Lot 10 of Block 2 of Honor Park Subdivision No. 3 as shown in Book 78 of Plats on Page 8191, and more further being located in the NW'/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a '/s inch diameter iron pin marking the northwest corner of paid Lot 10, from which a 5/8 inch diameter iron pin marking the southwest corner of said Lot 10 bears S 9°06'56" E a distance of 220.62 feet; Thence S 89°32'59" E along the northerly boundary of said Lot 10 a distance of 81.42 feet to the POINT OF BEGINNING; Thence continuing S 89°32'59" E along said northerly boundary a distance of 27.16 feet to a point; Thence leaving said northerly boundary S 7°49'20" E a distance of 50.94 feet to a point; Thence N 8'1°11'50" E a distance of 32.10~feet to a point; Thence S 8°48'10° E a distance of 20.00 feet to a point; Thence S 81°11'50" W a distance of 32.44 feet to a point; Thence S 7°49'20" E a distance of 95.34 feet to a point; Thence N 89°43'10" E a distance of 93.45 feet to a point on the easterly boundary of said Lot 10; Thence S 0°27'54" W along said easterly boundary a distance of 35.00 feet to a point; Thence leaving said easterly boundary S 89°43'10° W a distance of 108.53 feet to a point; Thence N 7°49'20" W a distance of 74.90 feet to a point; Thence S 86°14'50" W a distance of 15.94 feet to a point; Thence N 3°45'10" W a distance of 6.05 feet to a point; Thence S 81°06'30" W a distance of 33.23 feet to a point; Thence N 8°53'30" W a~distance of 20.00 feet to a point: Thence N $1°06'30" E a distance of 35.03 feet to a point; Thence N 3°45'10" W a distance of 101.01 feet to the POINT OF BEGINNING. This easement contains 9,993 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised: February 4, 2008 ~~>r9t~5~t9~~'#~~D9'95 ~~-~ oral Sunrey~np an°tonwmng /P~ LA NO ~o ~- _,~ a 11118 n ~ Z ~oy ~u8 s = <~~ lF ~ F ~O ~~~ TON W . ~P Minert Subdivision Job No. 07-41 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1 R/2008 Re: Proposed Agenda Items for 1/15/08 City Council Meeting ~a a a ~a~~ City ®~ ~®~~~ City Clerk ®~ce The Public Works Department respectfully requests that the following items be placed on the 1 /15/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Minert Plaza by D& R Property Investment LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Minert Plaza by D~ R Property Investment LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. ~~ City of Meridian Public Works Dept. RECE~L • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ZG day of ~~~ t•~t;-20 ~t between D ff ~. #'•'~"~'~1 ivy. u.~c- ,the parties of the first part, and hereinafter called ttte Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constntcted by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and vaIuabie consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B} The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right ofaccess to such facilities at any and all times. TO HAV E AND TO NOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW.doc • . THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or pereru~ial slu-ubs 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. 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 ar~d forever defend tl~e title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part ha~•e hereunto subscribed their signatures the day and year first herein above written. GRANTOR: YW ~ia~e~2, State of Idaho ) )ss County of Ada ) On this day of 20, November 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ryan Minert, known or identified to me, to be the Manager of D & R Property Investment LLC, a(n) Idaho limited liability company, a uted the within instrument, and acknowledged io me that such limited liability company executed the;~a~. 1N WITNESS WHEREOF, this JEFFREY AUSTIN NOTARY PUBLIC STATE OF IDAHO _ _ , as of the date set forth above. ~i rt+ctewa.9; :~ac l.~ commission expires ,''bt4y- ~ 3 ~~~ ~ -r~l GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2005, before me, the undersigned, a Notaty Public in and for said State, personally appeared Tammy de Ul~eerd and VlliIliam 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 affxed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT S W.doe i ~ SANITARY SET~'EER AND ~-'ATER EASEMENT FOR MINERT PLAZA SUBDIVISION LOCITBD II~ LOT 10 Op BIRCH 2 OF HONOR PARS SdBDN18i0N N0. 9 BaQrc a roxTtoN o~ rea Ns i/a o~ sscrtoN ie, rsa~., R.18.. 8.14. any ca, mAHo NORTH WEST CORNER LOT 10 rte-. N S89'32'59"E L1 81.42 I - - I Ir I y~ { ~ I ti rn ~ L L3 ~„ 1 ~ I ~ I _~ I E ~5 I 1 5 I l a~ U, N p~ SOUTHWEST CORNER LOT 10 LINE TA BLE LINE LENGTH BEARING L1 27.76 S89'32'59"E L2 50.94 S07'49'20"E L3 32.10 N81'11'S0"E L4 20.00 S08'48' 7 0"E L5 32.44 S81'11'S0"W L6 95.34 S07'49'20"E L7 93.45 N89'43' 10"E L8 20.00 S00'27'S4"W L9 110.71 S89'43'10"W L10 59.76 N07'49'20"W L11 15.94 586'14'50"W Li 2 6.05 N03'45' 10"W L13 33.23 S81°06'30"W L14 20.00 N08'53'30"W L15 35.03 N81'06'30"E L16 101.01 N03'45' 10"W L1__J ~ r ~ ! 4- ~~L13 NL111 t f ` 1 ~ rl ~ o l L. _ L7 ~ -----------I I I~ L----- -------1 ~ L9 50 0 25 50 100 SCALE IN FEET ~ i Leggy! Description iVljnert Plaza Subdivision -Water and Sewer Easement An easement located in Lot 10 of Block 2 of Honor Park Subdivision No. 3 as shown in Book 78 of Plats on Page 8191, and more further being located in the NW'/ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commenting at a '~ inch diameter iron pin marking the northwest corner of said Lot 10, from which a 5/8 inch diameter iron pin marking the southwest corner of said Lot 10 bears S 9°06'56" E a distance of 220.62 feet; Thence S 89°32'59° E along the northerly boundary of said Lot 10 a distance of 81.42 feet to the POINT OF BEGINNING; Thence continuing S 89°32'59" E along said northerly boundary a distance of 27.16 feet to a point; Thence leaving said northerly boundary S 7°49'20" E a distance of 50.94 feet to a point; Thence N 81°11'50° E a distance of 32.10 feet to a point; Thence S 8°48' 10° E a distance of 20.00 feet to a point; Thence S 81°11'50° W a distance of 32.44 feet to a point; Thence S 7°49'20° E a distance of 95.34 feet to a point; Thence N 89°43'10" E a distance of 93.45 feet to a point on the easterly boundary of said Lot 10; Thence S 0°27'54° W along said easterly boundary a distance of 20.00 feet to a point; Thence leaving said easterly boundary S 89°43'10° W a distance of 110.71 feet to a point; Thence N 7°49'20° W a distance of 59.76 feet to a point; Thence S 86°14'50° W a distance of 15.94 feet to a point; Thence N 3°45'10" W a distance of 6.05 feet to a point; Thence S 81°06'30° W a distance of 33.23 feet to a point; Thence N 8°53'30" W a distance of 20.00 feet to a point; Thence N 81°06'30° E a distance of 35.03 feet to a point; Thence N 3°45'10" W a distance of 101.01 feet to the POINT OF BEGINNING. This easemenf contains 8,349 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC October 31, 2007 -'ia°° survar~B a.m conwnFnB oNpL LA NO 0 a 11118 ~ n 9JO/3ilc"1 P ~ `~ T F O F ~~ ~~ 2TON W . HP~ Minert Subdivision Job No. 07-41 January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-N REQUEST Sanitary Sewer and Water Main Easement Agreement for Bienville Square Subdivision by Mason Creek, 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: ~J" MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Inifials: Materials presented at public meetings shall become property of fhe City of Meridian. • ADA COUNTY RECORDER J. DA{tID NAVARRO AMOUNT .00 i BOISE IDAHO 0?107108 10::~ AM DEPUTY Bennie 06erbiirg III (' II ILII LI'LI''~ II ("`ILI II I I I I III RECORDED-REQUEST OF 108013630 Meridian City SANITARY SEWER AND WATER MAYN EASEMENT THIS INDENTURE, made this day of 2~between Mason Creek L.L.C., the parties of the first part, and hereinafter called a Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Crrantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement MASON EASMT.S&W MAIN • • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the-aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN ~..".~ _-- Cory Swai , sident ,~~~y thy G en ecretary STATE OF IDAHO ) ss County of Ada } On this o`~3"-~ day of '1~ 20 ~ before me, the undersigned, a Notary Public in and for said State, p onally appeared~u c5w~..'r. and ~at_ ti ~ awder- ,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 yeaz fist above written. ..•'~•l-41 HI„R'q~i'••. N TARY PUBLIC );OR IDAHO ~oTq s'y ~ Residing at: (o(stl,.o ,~ ; ~r Commission Expires: D+-t loa-/~~ Sanitary Sewer and Voter ~Ia~ Easement S ~- EASMT.S&W MAIN MASON ~ ~'a•. LBLIG O P88~t..~L' --~ • GRANTEE: CITY OF MERIDIAN `~ '~i GE~ ' Tammy de Weerd, ayor ~ ~~~~rFO ~'/R~'. ~a '. ~, G~ ,`C~ Attest by William G. Be , Ci erk ~%~90,~ Lsr ~ ~-c • Q~`~.~` ~~''/ CANT ~ ~~~~~~. Approved By City Council On: ' STATE OF IDAHO, ) . ss. County of Ada ) • On this ~.2..~ day of ..j(.1111~UXt-I , 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) ~y: ~qr~ ,~~`~'~. NOTARY PUBLIC FOR IDAHO - ~ ; ~ V.~,~; Residing at: ~1 tl~~(~ 1 l7 ~; O ; ~ j Commission Expires: l~'l- L l -I I ~ ~ 1fr ~:~. , ~. • • ~j~ Sanitary Sewer and Water Main Easement EASMT.S&W MAIN MASON z Page ~ • -1- EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER AND WATER MAIN EASEMENT AT PROPOSED BIENVILLE SQUARE JULY 19, 2007 AN EASEMENT BE1:NG A PORTION OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE M:ER'ID1AN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T.3 N., R.1 E., B.M.; THENCE S 00°00'00" E 901.59 FEET ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 90°00'00" W 62.06 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF TH1S DESCRIPTION; THENCE N 89°22'40" W, 354.43 FEET TO A POINT; THENCE S 00°37'20" W, 141.65 FEET TO A POINT; THENCE S 89°22'40" E, 235.04 FEET TO A POINT; THENCE S 66°52'40" E, 98.73 FEET TO A POINT; THENCE S 00°3T20" W, 27.52 FEET TO A POINT; THENCE N 89°22'40" W, 10.00 FEET TO A POINT; THENCE N 00°3T20" E, 20.84 FEET TO A POINT; THENCE N 66°52'40" W, 90.06 FEET TO A POINT; THENCE N 89°22'40" W, 233.07 FEET TO A POINT; THENCE S 00°37'20" W, 240.10 FEET TO A POINT; THENCE N 89°22'40" W, 35..00 FEET TO A POINT; THENCE N 00°3720" E, 22.33 FEET TO A POINT; 19281 S&W EASE • Page • THENCE N 89°22'40" W, 14.00 FEET TO A POINT; THENCE N 00°37'20" E, 14.00 FEET TO A POINT; THENCE S 89°22'40" E, 14.00 FEET TO A POINT; THENCE N 00°37'20" E, 355.42 FEET TO A POINT; THENCE N 89°22'40" W, 5.00 FEET TO A POINT; THENCE N 00°3T20" E, 230.04 FEET TO A POINT; THENCE N $3°54'00" W, 93.21 FEET TO A POINT; THENCE S 06°06'00" W, 18.00 FEET TO A POINT; THENCE N 83°54'00" W, 10.00 FEET TO A POINT; THENCE N 06°06'00" E, 18.00 FEET TO A POINT; T'HE`NCE N 83°54'00" W, 13.70 FEET TO A POINT; THENCE N 71°28'10" W, 69.90 FEET TO A POINT; THENCE S 00°3T20" W, 19.38 FEET TO A POINT; THENCE N 89°22'40" W, 10.00 FEET TO A POINT; THENCE N 00°3T20" E, 22.61 FEET TO A POLNT; THENCE N 71°28'10" W, 121.24 FEET TO A POINT; THENCE N 89°22'40" W, 92.02 FEET TO A POINT; THENCE N 13°36'08" W, 40.23 FEET TO A POINT; THENCE S 89°22'40" E, 91.79 FEET TO A POINT; THENCE S 71°28'10" E, 200.99 FEET TO A P01NT; THENCE S 83°54'00" E, 167.90 FEET TO A POINT; THENCE S 00°3T20" W, 208..38 FEET TO A POI':NT; THENCE S 89°22'40" E, 355.04 FEET TO A POINT; 19281 S&W EASE Page (~ THENCE S 01°14'39" W, 56.00 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 63419 SQ. FT., 1.456 ACRES, MORE OR LESS. MICHAEL E. MARKS, PLS N0.4998 ~Op~~~~~,`~~ ~,~L ~•~~ 19281 S8~W EASE ra8d EXHIBIT "B" 3213 usT~cK RoaD 5 • 4 -- I r-a---------- I I I ~ ~ ~ I ~ I ~y ~--~-. r ~ 1 I I ~` UNPLATTED ~~L ~' I ~ ~`• ~ L~ I ~~--.- I N~' Z O m J U tp4.~r. u.r~ .... ` . Q ~ ?6 ~'S i•:~•.'~=Z3: r'.~... .rte I ~ p ~ PROPOSED BIENVILLE SQUARE L-36~}'tiC~~4 ~. ~ ~----®__ I W -~° SUBDIVISION L-3 L L 2 L-2019 I.' I ~ A I. •I S L-21 ,... 1~ I w ~,. 1 I I (I I 1 L SIONS UNE TABLE LINE LENGTH BEARING L-1 364.43 N89'22'40°W L-2 141.65 800' 7'20°W L-3 235.04 589'22' "E L-4 98.73 $66'52'40°E L-5 27.52 S00'37'20°W L-6 10.00 N89 2'40°W L-7 20.84 N00'37' ° L-8 90.06 N66"S2'40°W L-9 233.07 N89`2 '40°W 1-10 240.10 S00'3T20°W L-11 35.00 N89'22'40°W l-1Y 22.33 N00'37'20' L-13 14.00 N89'22'40°W 1-14 14.00 00'' T 0`E L-15 14.00 888'22'40°E L-16 355.42 N00'37'20°E L-17 5.00 N89'22' °W L-18 230.04 N00' T 0°E L-18 93.21 ° L-20 18.00 Q6 °W 1-21 10.00 N 4'00°W L-22 18.00 NO6'O6'00°E L-23 13.70 N83'S4'00°W L-24 69.90 N71 8'10"W 1-25 19.38 00'37 0°W L-26 121.24 N71'28'1U°W 1-27 92.02 N89'22'40°W L-28 40.23 N13'36'08°W L-29 91.79 889'22'40°E L-30 200.99 S 1'28'10°E L-31 167.90 583'$4'00°E L-32 208.38 500'37' 0°W 1-33 355.04 589'22'40° L-34 56.00 501'14'39°W L-35 10.00 N89'22'40°W L-36 22.61 N00'37 20 E L'.'.'I 1 ~I.. d ' . P •1 I.' '. I L-33 I I• ............... I F REAL POINT l'.'.I I • , Iw OF ~OWNIN I f ••••~'' N 80'00'00°W 52.06' . F•• I l'•'.I ~ I.. L-_-_- ~.3 -- I .~L•.'.lo ~ I V 11 I I••li ~ J I•••I 1 I 1.•.'.I ~ I• I L-15 I. 1 ~I I L-13~/LJ ' L-1 L-11 I PROPOSED BIENVILLE SQUARE j SUBDIVISION ~ j i I MERIDIAN SEWER AND WATER LINE EASEMENTS FOR BIENVILLE SQUARE LOCATED IN THE NE 1 /4 OF SECTION 5, T.3N., R.1 E., B.M. MERIDIAN, A.DA COUNTY, IDAHO Stanley ~onsultatrts ING 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 DRAWN: MEM ~ DATE: 7/ 16/07 ~ SCALE: NTS ~ JOB N0. 19281 r1~ Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File City of Meridian Public Works Dept. R,EC -~I~.D J~ ~ e '0~? :qty Ct~ IVf ~~di~ ,~Y Cl~r~ ®ihce IDate: 1/11/2008 Re: Proposed Agenda Items for 1/22/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/22/08 City Council agenda, on the Consent Agenda, for Council's consideration: ~\ 1) Sanitary Swer and Water Main Easement for Bienville Sauare Sub by Mason Creek LLC. Typical Sanitary Swer and Water Main Easement. Recommended Council Action: Approve the Sanitary Swer and Water Main Easement for Bienville Square Sub by Mason Creek LLC and authorize the Mayor to sign and City Clerk to attest. 2} Water Main Easement for Sienna K-8 School by Joint School District 2. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Sienna K-8 School by Joint School District 2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • i SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between Mason Creek L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement. Sanitary Sewer and Water Main Easement EASMT.S&W MAIN MASON 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 aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN _._..~ Cory Swai sident 2~ thy G e ecretary STATE OF IDAHO ) ss County of Ada ) On this yt3'r'~' day of ~ 'L~ . 20~ before me, the undersigned, a Notary Public in and for said State, p onally appeazed ~N cSw~.'r. and _~(at~-..~_ aw~en ,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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~-Q/~, ,~.••'~.A~1«aR~~$-,~••.,•~ N TARY PUBLIC IOR IDAHO 1.1 O Tq ~ ~ ~ '•. Residing at: ~,oi,~,d-ca,.,. , (a(~..o ~ ; '~~- : Commission Expires:_ y~-t~/o~-/p~ Sanitary Sewer and Vl~ter Maja Easement * ~ EASMT.S&W MAIN MASON ~ r,, :~ UBLIC GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayar Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. Caunty 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 WII.LIAM 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: Sanitary Sewer and Water Main Easement EASMT.S& W MAIN MASON ~ s -1- EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER AND WATER MAIN EASEMENT AT PROPOSED BIENVILLE SQUARE JULY 19, 2007 AN EASEMENT BEING A PORTION OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T.3 N., R.1 E., B.M.; THENCE S 00°00'00" E 901.59 FEET ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 90°00'00" W 62.06 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°22'40" W, 354.43 FEET TO A POINT; THENCE S 00°37'20" W, 141.65 FEET TO A POINT; THENCE S 89°22'40" E, 235.04 FEET TO A POINT; THENCE S 66°52'40" E, 98.73 FEET TO A POINT; THENCE S 00°37'20" W, 27.52 FEET TO A POINT; THENCE N 89°22'40" W, 10.00 FEET TO A POINT; THENCE N 00°37'20" E, 20.84 FEET TO A POINT; THENCE N 66°52'40" W, 90.06 FEET TO A POINT; THENCE N 89°22'40" W, 233.07 FEET TO A POINT; THENCE S 00°37'20" W, 240.10 FEET TO A POINT; THENCE N 89°22'40" W, 35.00 FEET TO A POINT; THENCE N 00°37'20" E, 22.33 FEET TO A POINT; 19281 S&W EASE THENCE N 89°22'40" W, 14.00 FEET TO A POINT; THENCE N 00°37'20" E, 14.00 FEET TO A POINT; THENCE S 89°22'40" E, 14.00 FEET TO A POINT; THENCE N 00°37'20" E, 355.42 FEET TO A POINT; THENCE N 89°22'40" W, 5.00 FEET TO A POINT; THENCE N 00°37'20" E, 230.04 FEET TO A POINT; THENCE N 83°54'00" W, 93.21 FEET TO A POINT; THENCE S 06°06'00" W, 18.00 FEET TO A POINT; THENCE N 83°54'00" W, 10.00 FEET TO A POINT; THENCE N 06°06'00" E, 18.00 FEET TO A POINT; THENCE N 83°54'00" W, 13.70 FEET TO A POINT; THENCE N 71°28'10" W, 69.90 FEET TO A POINT; THENCE S 00°37'20" W, 19.38 FEET TO A POINT; THENCE N 89°22'40" W, 10.00 FEET TO A POINT; THENCE N 00°37'20" E, 22.61 FEET TO A POINT; THENCE N 71°28'10" W, 121.24 FEET TO A POINT; THENCE N 89°22'40" W, 92.02 FEET TO A POINT; THENCE N 13°36'08" W, 40.23 FEET TO A POINT; THENCE S 89°22'40" E, 91.79 FEET TO A POINT; THENCE S 71°28'10" E, 200.99 FEET TO A POINT; THENCE S 83°54'00" E, 167.90 FEET TO A POINT; THENCE S 00°37'20" W, 208.38 FEET TO A POINT; THENCE S 89°22'40" E, 355.04 FEET TO A POINT; 19281 S&W EASE THENCE S 01°14'39" W, 56.00 FEET TO THE REAL POINT OF BEGINNING. SAID PARCEL CONTAINING 63419 SQ. FT., 1.456 ACRES, MORE OR LESS. MICHAEL E. MARKS, PLS N0.4998 ~~ ~.. 19281 S&W EASE EXHIBIT "B" Z O 0 (/') U 32133 - -._._.~.-.-.-.- - USTICK ROAD -.-.-.-.-.- ~.- - -._.-rj~~ -- r---- -------- I 1 I 1 I 1 ~ I 1 ~ 1 I I 1 i t i '' ~~~~,Cti T d I i i C f` ~ I { `'`~ UNPLATTED ~ ~`'~' ~~~~~ I I •~` I 1 L-2~ 1.....'.'.'.'... I I PROPOSED BIENVILLE SQUARE L-36//~ttc~24 ~"'~-"~ ', ~~~~~..~.,,,~~~ ~ SUBDIVISION L 35 L1L 27 L-201g~~ ~ .1 I ~ I..aN Q L-21 1... I~t I w 1 1 I 1 1 I 1 1 I 1 1 I 1 1 1 L NS LINE TABLE LINE LENGTH BEARING L-t 354.43 N89'22'4p°W L-2 141.65 S00'37'20`W L-3 235.04 58922'40"E L-4 98.73 S66"52'40'E L-5 27.52 5003720°W L-6 10.00 N 9'22'40° L-7 20.84 N00'37'20°E L-8 90.06 N66 2'40°W L-9 233.07 N89' 2'40"W L-10 240.10 S00' 7'20°W L-11 35.00 N89 2'40°W L-12 22.33 N00'37'20°E L-13 14.00 N89'22'4p`W L-14 14.00 N00'37'20"E L-15 14.00 58922'40" L-76 355.42 N00'37'20° L-17 5.00 N89 2'40°W 1-18 230.04 N00'37'20` L-t9 93.21 ° L-20 18.00 SO6' 6'00" 1-21 10.00 ° L-22 18.00 NO6' 0° L-23 13.70 83' '00° 1-24 69.90 N7128'10° L-25 19.38 500' 720° 1-26 121.24 N7128'10°W L-27 92.02 N69 2'40`W L-28 40.23 N73'36'OB° L-29 91.79 58972'40°E L-30 200.99 57128'10°E L-31 167.90 583'54'00°E L-32 208.38 500'37'20"W L-33 355.04 589'22'40° L-34 56.00 501'14'39°W L-35 10.00 N8922'40'W L-36 22.61 N00'3 20"E ~I ~ I~ I il•'-• ~ 1 ~i..:i 1 I. . I I 1 ' ' t------- L =33 .. L-77.~.~r------- ~;~ ---...-....~ 1 ' ' 1 REAL POUIT 1 . l .. ~ OF ~OtNN~IO 1' ' IN I f .'.' IJ N 90'00'00°W 62.06' I F••I t..l 1 ~L'.'.lo ~ ,cal ~'~ I I..li J J I ••••IJ L-6 1.'.'.I I I• I L-15\ j.' j I L-14 ---Cy,.• .. I I 1-13/~~J L-12 L-11 I PROPOSED BIENVILLE SQUARE j SUBDIVISION ~ j r ~ ~~\ /~ •~ I /'~ MERIDIAN SEWER AND WATER LINE EASEMENTS FOR BIENVILLE SQUARE LOCATED IN THE NE 1 /4 OF SECTION 5, T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants ~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 (DRAWN: MEM (DATE: 7/16/07 I SCALE: MS I JOB N0. 19281 • • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-O REQUEST Water Main Easement Agreement for Sienna K-8 School by Joint School District No. 2 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 Ctiy of Meridian. COMMENTS See aMached C`'~ ~C ~ _ i ~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 9 f BOISE IDAHO 0?l07/08 10:~ AM i DEPUTY Bonnie Oberbitiig I `` I RECORDED-REQUEST OF ~~~ ~~IIIIIIIIIII~~~~~'~~~~~~~~~I ~~~l~ Meridian Clip 108013633 WATER MAIN EASEMENT THIS INDEIJTURE, made thi a ~., day 2(I~between ~~ parties of the first part, and hereinafter called the Gran , and the City of Me dian, Ada County, Idaho, the patty of the second park 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 WIiEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Cnantots do herelry give, grant and. covey unto the Granteetheright- 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 limes. 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 waterline, 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 easemern. THE GRANTORS hereby covenant and agr~ that they will not place or allow to be placed any permanent structures, trees, brush, or penenniat 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 Cnantee 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 hereof, shall cease and become null and void and of no finther Water Main Easement EA3MT WTR MAiN.doc _ ~ q effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they arse lawfully seized and possessed of the aforementioned and described tract of land, antl that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this _L_ day of ~~cgw.i~iet' 20o't, before me, the undersigned, a Notary Public in and for said State, personally appeared /..i nd... C ~~rk and -1'rt s~ D v r ca r~ ,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 Witten. v ~9,~! (SE • )~IOTq~ ~d * tea` ~ N~AUB L1C # ~''•.~ OA ID ~'~.••~• ~% NOTARY PUBLIC FOR IDAHO Residing at '7'Yl .n.ud~+~n . I ~ _ Commission Expires: z~ 1 S1 / 2®a °! water Main Easeme~ EASMT WTR MAlN.doc ~.~ ~ ~ Q GRANTOR: • GRANTEE: CTTY OF MERiDTAN ~,,~ Tammy de Weerd, or ,.~~ G~1 ~ '~., r '~ "'~ •~' Fo .~-=j~ - Attest by William G. Ber Ci Clerk ~~lL Approved By City Council On: ~ ~ STATE OF IDAHO, ) • ss. County of Ada ) ~Q` On this 2.2~ day 20~ before me, the undersigned, a Notary Public in and for said State, persoaally 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 wHBREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~...•. • ~i~---- (SEAL) ;~,~% . , ~~; t~4. ;o . .,,,~, i ,~~ •• ~e~e~ai water Main Easement NOTARY PUB I F Residing at: Commission Expires: MAIN.doc EASMT WTR ! i ~~ ~~ r .tt~111/! .~..... THfi LAND GROUP, IlVC. December 27, 2007 Project No. 07129 Water Main Easement Sienna Elementary School 0.91 acres EXHIBIT ccA» A 20-foot wide easement for the purpose of construction, access and maintenance of a water main over a portion of Lot 11, Block 5, of Messina Hills Subdivision No.l (a recorded subdivision on file in Book 87 of Plats at page 9829, records of Ada County, Idaho), situated in a portion of the Northeast One Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the East One Sixteenth Corner of said Section 29, which bears North 89°36'44" West a distance of 1,341.26 feet from the Northeast Comer of said Section 29, Thence following the northerly line of said Section 29, South 89°36'44" East a distance of 670.56 feet to a point being the Northeast Comer of Messina Hills Subdivision No.l; Thence leaving the northerly line of said Section 29, and following the easterly line of said Messina Hills Subdivision No.I ,South 00°28'30" West a distance of 698.01 feet to a point; Thence leaving said easterly line and following the northerly line of said Lot 11, Block 5, North 89°36'44" West a distance of 697.13 feet to a point; Thence following said northerly lme, North 66°34'24" West a distance of 120.71 feet to a point on the easterlyright-of--way line of South Capulet Way; Thence leaving said northerly line and following said easterlyright-of way line, South 23°25'36" West a distance of 17.34 feet to the POINT OF BEGINNING. Thence leaving said easterly right-of--way line, South 66°30'00" East a distance of 1 11.39 feet to a point; Thence South 89°21'29" East a distance of 311.75 feet to a point; Thence South 45°17'47° East a distance of 158.74 feet~to a point; Thence South 00°00'00" East a distance of 123.59 feet to a point; Thence North 90°00'00" East a distance of ?.14 few to a point; Thence South 00°00'00" East a distance of 20.00 feet to a point; ... ' Thence North 90°00'00' West a distance of 7.14 feet to a point; Thence South 00°00'00" West a distance of 70.52 feet to a point; Thence South 44°54'56" West a distance of 24.42 feet to a point; Thence South 00°00'34" West a distance of 241.84 feet to a mint on the northerlyright- of way line of East Rome Drive; Si/e Fkiaxiag ~ L.and~iaapr r1rr,~iileiYurn ~ Cni/ Eaginetring ~ Gn//'Couxre Irri~r~lio~r Z Er~gi~rtr~iN,I ~ Grrr)it+ic tro~uiticnlron ~ S:aus,}ins ~b2 F:. whore llrivr, ate. !(10, Eagle,ld~l~o 33'6'46 • P Zt18.939.~1 F ~OS.939.~~1~{5 ~ ~c1v~v.d~eland~gu~inc.com G:\2iTi.17\p?139\_~dtnin`T.cgals~L_U71'1i33 tl?139_amts~r_esmt.da: ~{ „4 Thence following said northerly right-of--way line, North 89°37' 11" West a distance of 20.04 feet to a point; Thence leaving said northerlyright-of-way line, North OO°00'34" East a distance of 158.08 feet to a point; Thence North 89°59'26" West a distance of 184.71 feet to a point; Thence North 00°00'34" East a distance of 20.00 feet to a point; Thence South 89°59'26" East a distance of 184.71 feet to a point; Thence North 00°00'34" East a distance of 71.90 feet to a point; Thence North 44°54'56" East a distance of 24.42 feet to a point; Thence North 00°00'00" East a distance of 197.51 feet to a point; Thence North 45° 17'47" West a distance of i 42.31 feet to a point; Thence North 89°21'29" West a distance of 38.96 feet to a point; Thence South 00°38'31" West a distance of 5.95 feet to a pout; Thence North 89°21' 29" West a distance of 20.00 feet to a point; Thence North 00°38'31" East a distance of 5.95 feet to a point; Thence North 89°21'29" West a distance of 205.44 feet to a point; Thence South 23°30'00" West a distance of 248.63 feet to a point; Thence South 00°00'00" East a distance of 67.19 feet to a point; Thence North 90°00'00" East a distance of 25.70 feet to a point; Thence South 00°00'00" East a distance of 40.25 feet to a point; Thence South 68°30'00" West a distance of 38.56 feet to a point; Thence South 23°30'00" West a distance of 168.56 feet to a point; Thence South 66°49' 00" East a distance of 49.44 feet to a point; Thence South 00°49'35" West a distance of 12.24 feet to a point; Thence South 89°10'25" East a distance of 18.92 feet to a point; Thence South 00°49'35" West a distance of 20.00 feet to a point; Thence North 89°10'25" West a distance of 18.92 feet to a point; Thence South 00°49'35" West a distance of 8.78 feet a point on said northerly right-of--way line of said East Rome Drive; Thence following said northerlyright-of--way line, North 89°37' 1 I" West a distance of 20.00 feet to a point; Tltence leaving said northerly right-of--way line, North 00°49'35" East a distance of 27.78 feet to a point; • Thence North 66°49'00" West a distance of 56.15 feet to a point; Thence North 23°30'00" East a distance of 210.04 feet to a point; Thence North 00°00'00" West a distance of 98.16 feet to a point; Thence North 23°30'00" East a distance of 127.13 feet to a point; Thence North 66°30'00" West a distance of 17.65 feet to a point; Thence North 23°30'00" East a distance of 20.00 feet to a point; Thence South 66°30'00" East a distance of 17.65 feet to a point; Si/a Plrt~uis~ • Lnnrfr,ape.~nhi/~trtrr • Cca~il En,~u~r~~~ • Gn/% Cna»r Irrrguiinn 2^' .Fx~rrxH~er,~ • G+nfihrr t;on~ar~sau•~rtion • Srrro~iHs 4G2 F'. Shore Drirc, ate. 1U0, Eagle, Idaho 336'1 G • P 2(~8.939.~Ck19 F 203.939.1-~#5 • ~wb~i=.il~elHUdgrouPinc.com ~, 5 ~ Q Thence North 23°30'00" East a distance of 88.84 feet to a point; Thence North 66°30'00" West a distance of 135.31 feet to a point on the easterly right-of--way line of South Capulet Way; Thence fallowing said easterly right-of-way line, North 23°2S'36" East a distance of 20.00 feet to the POINT OF BEGINNING. The above described tract of land contains 0.91 acres, more or less, subject to all existing easements and tights-of--way. ~ . Attached hereto is Exhibit'B" and by this reference is made a part hereof. Prepared By: The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAX) ~~' Si/e Plrruuiu~q • Loutltalpt r1 rht/rc'/rnr • C~i1 fingiu~riug • Gah~~urre Irrrbu~'ioa z~ ~u~iurerirr,~ • Gtrrbhi: Gamiubni~rrliou • Sxisepru,~ X62 E. Shore 17rire, Str. 1{to, eagle, Idaho 83(i9G • P 2(~R.939.~ti41 F °_08.93~.~5 • ~tirrt=.thelandscoupu-c.con~ ~ • r-~ A portion of Lot 11, Block 5, Messina Hills Subdivision No.1 Situated in the NE 1/4 of Section 29, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho CO>dMENCEkIE~ ~. ZO .. .. .. • SB838'44`E 1341.30'• . ~O I ~ E VtGTORY RD. ~ ~ '~ E 1/~s t~RMER s~aee' a .- '~ ~`. ' sEC 29 NASr 29 28 Legend ~ "~'~ "'~ ~ ~o., ® GALCilLA7® POINT '~ I SECTION OORNER I Bd1NDARY LJNE - R I - - ADJOINING P OPERI7 LINE -- - - SECTION UNE 3 -- - - -- - - - - EASEMENT BOUNDARY LINE ,r `~' ~ ~ I i I~ ~ r' ~ ~ , ~ ~ ~ ' ` E FALCON OR `~~ ~ + - ,•' " I MES51 A FII SU .Na1 ~ 1 ~ K 87 G 98 9 111 I -..~ ;' ~1 '~ - - ,. •t J / \\ ~. ~ ,. '~~a~^~ i I LOT 11, BL.K 5 I I ' ,` x ~I ~ 1 ~~~ ~ ~ li ;~~.... ~~ / I I ~ u~ ~ ~,. / ~ I I ' ` . ~g $GisT ~~ , ' ,. ``~. I I 4 ~~' L . T3A ~•Q •O'i ENGIPIEERISURVEYOR PROJECT INFORMATION SCALE: 1" = 200' ~~ ~~_~•; TIC ~ oxovp, IIVC ~ EXHIBIT "B" 07.1204 r ' r' c t t ~ ~~ "~ ~~~~ ~'~'~~ PRO ECT NO 712 n~ ~ ear ~/ i , ~ r~y Sienna IC 8 School .0 J 9 D o~b+D ~G9+ophlo Lbmm replseJlan ~ t,~ ,,,~ ~' ~ '~ a Part of Tuscany Subdivision 1 O F 3 ~~ - ,~ Meridian School District ~a>~~ • i A portion of Lot 11, Block 5, Messina Hills Subdivision No.1 Situated in the NE 1/4 of Section 29, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho ~. ~ E~~ ~ ~ ~ ~ , ~ MESSINA HILLS StJB.Na.t~ ` f~K 87 PG X829 ~ ; ~ ` l~ ` ` ~ - ~ ~ ~ ~~ - - - - - - - - N89~6 44 W 697.13 ~ 8~' `~ ` . .~~ •,. 1.28 ~8~~~• ~ / PROPOSED La L7 ~ ~~ , L47 8• wn7ER urn ~o ~/ / ~ : ~~ g°~ '~°~ , // PROPO~fD 2 FOOT ~ I ' ~ ~ /^ ` ~ F.ASENENT • . ~ z Q~' / /Loa ^ dj ~ I l I ~~ f / / L11 I ~ ~' I / JI~O ~ ~ ~ LOT 11, BLK 5 ~ l l~ I le' L13 I j-~~ I , I I .. ~ `'-~ ~,~ I ~`' 1 ~ / ~ ~I / / g~~ uN>: 1 ~ l i ~-- .~. ----.~ -1 ` ~ / / ~ I. I~ I ~ ! ~ ~ / / ~~~ ~L38 JI I i I , I I ~fi ~ . - .- -_-- - - 1.38 E ROME DR . ~ ~ ENGINEER/SURVEYOR PROJECT INFORMATION SCALE: 1° =100' ~\ 1/+r' TH~+ IAND GROUP. ING EXFIIBIT °8p 07.12.04 ~, ~~ A'' a "`~° l , Sienna K-S Sdtool ~ PRWECT N0.07129 ~~~ ~ :~ ' ' A Part of Tust~ny Subdivision r~ G ~ F 3 ~. ~-~~•~ ~ i ~-•~ ~ Meridian School District A portion of Lot 11, Block 5, Messina Hills Subdivision No.1 Situated in the NE 1/4 of Section 29, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho ENGINEER/SlN2VEYOR PROJECT 1NFORMATiON SCALE: 1° ~ 1~ .. r~~.••- 'rl~ >r~ catoulp'. nvc. EXHIBIT °B° 0~.12.oa Sienna K -8 School ~` ~0"i 'Po• ~ ~ A Part of Tuscany Subdivision Meridian School District ~ O C r LINE LENGTH BEARING L1 120.71'. N66 34'24°W L2 17.34' S23'25'36°W L3 111.39' S66'30'00°E L4 311.75' S89'21'29°E L5 5.95' N0O'38'31°E L6 20 00' N8971'29°W L7 5.95'. S00'38'31°W L8 38.96' N89'21'29°W L9 1'58.74' S45"17'47°E L10 123.59' S001J0'0O°E L11 7.14' N900O'0O"E L12 20.00' SO0 00'00°E L13 7.14' N9Oro0'00"W L14 70.52' S00'0O'00"W L15 24.42' S44'S4'S6°W 116 241.84' S0O0O'34°W L17 20.00' N89 37'11 °W L18 158.08' N0O'0O'34"E L19 184.71' N89'59'26°W L20 20.00' N00'00'34"E L21 184.71' S89"59'26°E L22 71.90' NOaroO'34°E L23 24.42' N4434'S6"E. L24 197.51' N00'0O'00°E L25 142.31' N45'17'47°W L26 205.44'. N89'21'29°W L27 248.63' S23'30b0"W LINE LENGTH BEARING Les x7.19' soaroa'oo°E L29 25.70' N9Oro0'00°E L30 40.25' SOO'O0'00°E L31 38.56' S68'30'00"W L32 168.56'. S23'30'00°W L33 49.44' S66'49'00"E L34 12.24' S00'49'35°W. L35 18.92' S89'10'25"E L36 20.00' S00'49'35°W L37 18.92' N89~O'25"W L38 8.78'- S00'49'35°W L39 20.00' N89'37'11"W L40 27.78' N00'49'35°E L41 56.15' N66'49'00"W L42 210.04'. N23'30'0O°E L43 98.16' N00 00'QO"W L44 127.13' N23'3O'00"E L45 17.65' N66'30'O0"W L46 20.00' N2330'00"E L47 17.65' S66 30'00"E L48 88.84' N233O'O0"E L49 135.31'- N66'30'00°W L50 20.00' ~l23'25'36°E Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File City of Meridian Public Works Dept. REC' - '',;51 i~~ty Clerk ®~hce Date: 1/11/2008 Re: Proposed Agenda Items for 1/22/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/22/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Swer and Water Main Easement for Bienville Sauare Sub by Mason Creek LLC. Typical Sanitary Swer and Water Main Easement. Recommended Council Action: Approve the Sanitary Swer and Water Main Easement for Bienville Square Sub by Mason Creek LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Sienna K-8 School by Joint School District 2. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Sienna K-8 School by Joint School District 2 and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 ! ~ WATER MAIN EASEMENT THIS INDENTURE, made this _ day of . 20 between .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 Grar-tors 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 rephrcemem at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waterline, Grantee shall restore the area of the easement and adjacent property to that existerrt prior to undertaking Bach 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 permanerrt structures, trees, brash, or perennial shrubs or flowers within the area described fm 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 fiuther Water Main Easement EASMT WTR MAI1J.dnc effect and shall be completely relinquished, THE GRANTORS do hereby covenant with the Grantee that they are lawfally 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 tleereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this _~_ day of ~GGemiDe.f . 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared /..i nd... C ~ rk and Tr+ s~ Duncan .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. ,.~ :.r: ' A 1. '••, ;SE.~'L.)Z; 4' Tq~ v ~~ NOTARY PUBLIC FOR IDAHO ~~' ~ ~' ~ Residing at '~'Y1 ~d~ I D ~°~ Commission Expires: ~Z/ 1 S1/ 2Oa °/ s Water Main Easement EASMT WTR MAiN.doc GRANTOR: GRANTEE: CTTY OF MERiDiAN Tammy de Weerd, Mayor Attest by William G. Berg, City Cleric 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 Mayar 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 cxecuted 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 Easemeid T:ASMT WTR MA1N.doc r~l `~ ~~. THfi LAND GROUP, INC. December 27, 2007 Project No. 07129 Water Main Easement Sienna Elementary School 0.91 acres EXHIBIT KA" A 20-foot wide easement for the purpose of construction, aces and maintenance of a water main over a portion of Lot 11, Block 5, of Messina Hills Subdivision No.l (a recorded subdivision on file in Book 87 of Plats at page 9829, records of Ada County, Idaho), situated in a portion of the Northeast One t2tlarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the East One Sixteenth Corner of said Section 29, which bears North 89°36'44" West a distance of 1,341.26 feet from the Northeast Corner of said Section 29, Thence following the northerly line of said Section 29, South 89°36'44" East a distance of 670.56 feet to a point being the Northeast Comer ofMessina Hills Subdivision No.l; Thence leaving the northerly line of said Section 29, and following the easterly line of said Messina Hills Subdivision No.l, South 00°28'30" West a distance of 698.01 feet to a point; Thence leaving said easterly line and following the northerly line of said Lot 11, Block 5, North 89°36'44" West a distance of 697.13 feet to a point; Thence following said northerly line, North 66°34'24" West a distance of 120.71 feet to a point on the easterlyright-of--way line of South Capulet Way; Thence leaving said northerly line and following said easterlyright-of-way line, South 23°25' 36" West a distance of 17.34 feet to the POINT OF BEGINNING. Thence leaving said easterlyright»of-way line, South 66°30'00" East a distance of 111.39 feet to a point; Thence South 89°21'29" East a distance of 311.75 feet to a point; Thence South 45°17'47" East a distance of 15$.74 feet to a point; Thence South 00°00'00" East a distance of 123.59 feed to a point; Thence North 90°00'00" East a distance of 7.14 feet to a point; Thence South 00°00'00" East a distance of 20.00 feet to a point; Thence North 90°00'00' West a distance of 7.14 feet to a point; Thence South 00°00'00" West a distance of 70.52 feet to a point; Thence South 44°54'56" West a distance of 24.42 feet to a point; Thence South ~°00'34" West a distance of 241.84 feet to a point on the northerly right- of-way line of East Rome Drive; S1/e Akinirirrg • I.rrndCaapr.-tr~fn7rsYtrrY • CfKi/E~iJ/ecnng • Gn/J GUt4rtd Irrr&rrlian z Eu~giur~-'x~ • Gnrtih.,•'c Gomu~unirntion • Ssav}~iNs 463 E. Shore Drive, Ste. I(Kl, Cagle, Tdaho 336 tb • P 20R.939.4(t-11 F _°Ofi.~139.~1~tS • 1ti~vw.d~elaadgcQupine.com G:~2t11t7\4'i391Actmiull.egal:~J._U712~130?139 ~eater_esmt.doc Thence following said northerlyright-of--way line, North 89°37' 11" West a distance of 20.04 feet tci a point; Thence leaving said northerlyright-of-way line, North 00°00'34" East a distance of 158.08 feet to a poin#; Thence North 89°59'26" West a distance of 184.71 feet to a point; Thence Morth 00°00'34" East a distance of 20.00 feet to a point; Thence South 89°59'26" East a distance of 184.71 feet to a point; Thence North 00°00'34" East a distance of 71.90 feet to a point; Thence North 44°54' S6" East a distance of 24.42 feet to a point; Thence North 00°00'40" East a distance of 197.5 l feet to a pourt; Thence North 45°17'47" West a distance of 142,31 feet to a point; "Thence North 89°21'29" West a distance of 38.96 feet to a point; Thence South 00°38'3 ]" West a distance of 5.95 feet to a point; Thence North 89°21'29" West a distance of 20.00 feet to a point; Thence North 00°38'31" East a distance of 5.95 feet to a point; Thence North 89°21'29" West a distance of 205.44 feet to a point; Thence South 23°30'00" West a distance of 248.63 feet to a point; Thence South Oa°00'00" East a distance of 67.19 feet to a point; Thence North 94°00'00" East a distance of 25.70 feet to a point; Thence South 00°00'00" East a distance of 40.25 feet to a point; Thence South 68°30'00" West a distance of 38.56 feet to a point; Thence South 23°30'00" West a distance of 168.56 feet to a point; Thence South b6°49'00" East a distance of 49.44 feet to a point; Thence South 00°49'35" West a distance of 12.24 feet to a point; Thence South 89°10'25" East a distance of 18.92 feet to a point; Thence South 00°49'35" West a distance of 20.00 feet to a paint; Thence North 89° 10'25" West a distance of 18.92 feet to a point; Thence South 00°49'35" West a distance of 8.78 feet a point on said northerly right-of--way line of said East Rame Drive; Thence following said northerlyright-of-way Line, North 89°37' 11" West a distance of 20.00 feet to a point; Thence leaving said northerly right-of--way line, North 00°49'35" Fast a distance of 27.78 feet to a point; Thence North 66°49'00" West a distance of 56.15 feet to a point; Thence North 23°30'00" East a distance of 210.04 feet to a point; Thence North 00°00'00" West a distance of 98.16 feet to a point; Thence North 23°30'00" East a distance of 127.13 feet to a point; Thence North 66°30'00" West a distance of 17.65 feet to a point; Thence North 23°30'00" East a distance of 20.00 feet to a poitrt; Thence South 66°30'00" East a distance of 17.65 feet to a point; ,S'i/e P!r-n~s~,; • Lartdaurpd rl nhi/tt~,~t-r • Ciei! E/{;irreerii/~q • C~.h'Coursa Irirgdiina e~ Eir~r~rrndrrg ~ G~7JfII~tC GOAL///[lJlll7llt0O ~ 5111 4G2 E. Shore Ddee. Ste. 1 [K}. Eagle, Idaho 83G9G • P 2f.~R.939.4C~F'1 F 2t~.93~.~t~1-15 • n-n~ti~.dielaUdgcouFinc,com Thence North 23°30'00" East a distance of 88.84 feet to a point; Thence North 66°30'00" West a distance of 135.31 feet to a point on the easterly right-of-way line of South Capulet Way; Thence following said eastexly right of-way line, North 23°28'36" East a distance of 20.00 feet to the POINT OF BEGINNII~TG. The above described tract of land contains 0.91 acres, more or less, subject to all existing easements and rights~f--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: The Land Oroup, Inc. 462 E. Shore Drive, Strife 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 {FAQ Site PlrrnxinR ~ l.ancl.~~w~+t rl nhilrNrm ~ Ci~.v! Fngi+te~rier~ ~ Gnh'C:ox~sa Imgrlion t~ E++gnr~erin~ ~ G~ fir C:omuiHniralion ~ S;nvepiHs 3G2 F. ;hare Dri~•e, Ste. 1110, Eagle, Idaho 83616 ~ P 208.93.4049 F'_'08.93h.~}~k5 ~ RRrrK.thelaodgcoupi~tc.coro ~ ~ A portion of Lot 11, Block 5, Messina Hills Subdivision No.1 Situat®d in the NE 1I4 of Section 29, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho POINT OF CO)dMENCEMENT "~`r~ . _ . SM38'44'E 1341.30'. I E VICTORY RD. ~_ E 1/16 CORNER 60.58' - `-' ~ - sEC zs N~t1HEAST t ~ 2,g 28 Legend ~-,"~, ~ ® c,ALC~ua1FD PO1hIT '~ SEC110N OORNER I I Bd1NDARY UNE --- - ADJOINING PRO~RTY UNE I -- .-- -- SEC1i0N UNE ~ ~o - - - - - - - - EASEMENT BOUNDARY UNE 3 ~ +-----, ' ' ' ! ~ I ~ --- -- ~~'. ~ ~ I I ' i { ~ ~ ~~` ~ ~ ~ ! _ I I ' I ~ ~ ~ ~ ' ' .' .__._..._ ~ ~ i ~ ~~ . _. _____.~_-.. - .___ __..__ ' E FALOON DR - ._ - -T_..... ---- - - ',~ ~~ ' ~ i -~ ---r----__.__ f.. r - ~ - BEgI~IMG ~ ~ i f : ~ MESSi A HILLS SU .No.1 ; j ~ K 87 PG 989 ~ ~~••~ t1 i - - r. j ` \ W ; :' ,~~ / / I I ~ rn I II ; . I `I ~ ~ `• :•~ J I f / ~ ~--- I / ~ I I / -.., ~.~ ~ I I ~tsT s ~gg 4' .,• _. ~~ ._ __ .__----- --- - a ~ 2 58 0 ... -- -- ---- __ E oR ~ ~~ ~I' aF 1 ~,~p ~' L . BA~ ~•Q •d1 ENGINEER/SURVEYOR PROJECT NVFORMAl10N 3GALE:1" = 200' ~~ /r~+ TIC LAi~ C3ROUP, INC 1T o~.~2Qa ~ ~ RO C 0 i . svr:n~n~ Sienna K-8 School P JE T N .07129 ~ c ~a~t[on~ ebyhuorlR9 f S ~: ~` i"%'~ ~'i A Part o Tuscany ubdivision 1 ~ F 3 ~~ ,~ Meridian School District A portion of Lot 11, Block 5, Messina Hills Subdivision No.1 Situated in the NE 114 of Section 29, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho is ~ ~ MES ~I A I S S B.No.1 K ~ p 8 8 G 9 29 ~~. S ~ ~ ` ` ' ~ `~ ~ ~~- - -- -- - -- - - -„ .a. - - - - - r ~ W8 N89'36 44 W 69 .13 ~~~ L ~ ~ ~ I PROPPED L5 !7 ' \ ~ WATER LINE 47 8 ~\ ~ ~. / ~' , ~~ ~° „ I PR(?PO~D 20-FOOT ~ / WATER LWf N /~ E~aENT `~ ~ I ~ / ` ., c, I •~ i, ~ ~-/ l~5 ~ I I I I I .r/ / ~ I Ut / % ~ ~I~O ~ ~~ ~ LOT 11, BLK ~ ~ ~ ,~ I ~` ~j I~ ~ ~ I ~U3 ~12~ I I ~ ~ ~ I I ~ PR O / OP ~D I I ~~ ---U9 -~` I /~/ I~ol~ 1 / ~ ~I / / ~ ' 00 I I ` ~ I I t~~ g~°-.-~- -~--- l38 I I - _ ~ L37 _. .- --~-- _ E ROME DR. - -__.~ ENGINEERlSURVEYOR PROJECT INFORMATION SCALE:1°= f00' `, ~r ~ THE iAND GROUP, tNC. ~IIBIT "8" 0.1204 _ 1 ~' ~ ~~ PROJECT N0 07129 Slenr~ K-S Soltool . ~ ~ ~ ,~ ;~ ~~ ' : ~" °~ ~%°~ A Part of Tuscany SubdiWsian rt i Sd l n r~ 7 G 0~ ~ , - ~-•••6 w an too Me d District r, ~ ~ January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-P REQUEST Water Main Easement Agreement for Camping World by Debgar, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See arltached 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: ~j~ ADA COUNTY HIGHWAY DISTRICT: v 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 fhe City of Meridian. 'ADA COUNTY RECORDER J. DAVID NAVARRO AB{OUNT~00 E BOISE IDAHO 02107108 10:55 ARA DEPUTY Bonnie OberbilBp ~I) I'~I'!'I~IIIIIIIIII'III~I~I~~I",~ RECORDED-REQUEST OF 1 ggg 13631 1Nertdian Ciiy wAT~x ~ F.AS~rrr THIS INDENTURE, made tbis~~day of ~1~ . 20~betvveem DEBGAR, L.L.C., ffie ~rties ofthe first part, and hereinafter called the Grantors, and the CityofMeridian, AdaCounty, Idaho, the pariyofthe 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 descn'bed; and WHEREAS, the water.maut is to be provided for through as 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 lanes by the Grantee; NOW, THEREFORE, in consideration of the benefits bQ be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee tie; right of-way for an easeme~ for ffie construction, operation, maintenance, repeat, replacemerrr of a water main over and across the following descn'bed property: (SEE ATTACHED E]CI~IT A and B) The easement hereby granted is for the p~ttpose of construction and operation of a water line and their awed facilities, together with ffieir maintenance, additional connection thereto, repair aad replacemimt at the ccmvenience of the Grantee,. with the free right of access m such facilities at any and all times. TO HAVE AND TO HOLD, the said easement a~ right-of-way unto the said Grantsoe, iEs saccassors and assigns forever. IT XS EXPRESSLY UNDERSTOOD AND AGREED, by and between the ps~rties hereto, that after construction, making repairs, performingothermaintenance or making subsequent connection to the waterline, Grantee shall restore the aresofthe easemem.a~ adjacent property bthatexi~tpriorto undertaking such cor~shuc~Kion,repairs-and mainMaance. However, Grantee shall not be responsible for repairing, replacing or restoring anything plceed within the area d~crib~ is this easement that was pled there is violation of This easement» THE GRANTORS hereby covenant and agree that they wall sot place or allow to be placed any permanent stntctunes, trees, brush, or perennial shrubs or flowers wi~in the area descn'bed for this easement, which would interfere with the use of said easement, for the pwposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that show any part of the right~f- way ~ easement hereby granted shall become part oty or lie within the boundaries of any public street, then, to such extent, such right-of-way, and easeme~ hereby granted which lies widen soh boundary thereof or which is s past thereof; shall cease sad become null and void and of no further effect and shall be completely teliaquished. water Main Easament Qasmt wtr main i • 'THE GRANTORS do hereby covenant with ffie Grantee that they are lawfully seized and possessed of 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 ~e title and quiet possession thereof against the lawful claims of ali persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first pad have hereunto subscn'1>ed tbteir signatures the day and year first herein above written. Ct~C7:\:r fi~:~i Press STATE OF IDAHO ) )~ County of Ada ) On this ~ day of ~ Y11ilA h t{ . 20,Q~, before,tne, the undersigned, a Notary Public in and for said State, personally appeaoe8 and . known or identified to me to be a Pr+esid and Secretary, respectively, of the corporation that executed the within inshvment, and acknowledged to me ffiat such corporation executed the same. IN WITNESS WE>EREOF, I have hereunto set my hand and alfuced my official seal the day and year fi~ above written. VERN~~•• ~J J pO ''''~~-- y •~ NOTARY P I.I~ ~4 '~ti.. ~ Residing at _~ ~ a ~ .sG~e~ ~ = Commission Expires: Gp IDA1;O.a~'~~,, water Main Easement easmt wtr main GRANTEE: CITY OF MERIDU-N Tammy Weerd, or ` ~ ,•~~ `~'~ ~ ~~'~ ~~J--,, G ~o'~°~r '~ ", `~a, F~ s ~~~"" ~~4a {. ~+ri. by William G. Berg, C ~ ~, ~` ~G ~` ~-,~ Approved By City Council On: 9 • ~' rc:;• ~ n n STATE OF IDAHO, . ss. County of Ada ) ` ~ t°~ Oa this L2 day of 20~ before me, the undersigned, a Notary Pubtic in• and for said State, personally appeerod T DE WEERD and WII.LIAM G. BERG, ]R., known to me to be the Msyor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the widtin instrumet~ and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have heramto set my hand and affixed my official seal the day and year first above vvritlen. EN_ _, . q~~ - , (SEAL) : Cj' ~. Y ,~';~. NOTARY PUB IC FOR IDAHO ;'~; N V;'~. Reazdalg at~ ~ 1~ l~P ~k~~;- O • ~~ ''": ~; Commission Expieea:~ ~'~ 1 ~, ~, ~'~ %~I ~i '~-- ~ • • ~~ • ~~~s~~~ water Main Easement easmt wtr main Lcgat._ Qescription -.----- City of .Meridian Water Main Easement A water main easement for tl~e: City of Nleridiah, being located ~in the SW % of Section. 13, Township 3 North, Range 1 West, @o~~e :Meridian., Ada •Caunty., Idaho, and :more partfcularty descrifyed~ as follows: Commencing at a .brass cap m.o.nutttent marking the southwest corner of said SVV'/, from which a brass cap monument marking the. northwest comer of said SW '/4 bears N 0°32'59" E a distance of 2&51.3.9 feet; Thence N 0°32'59" E along the westerly. boundary of said $1lV '/ a d'istarice of 120.84 feet to a point; Thence leading said westerly boundary S 89°27`01" f~ a distance of 48.00 feet to the POINT OF B~GINNIN.G; Thence .NO°32'59° E along ~a line 48.00 feet easterly of and patailel to said westerly boundary a distance of 20:00 feet to a point; Thence S 89°2T01" E a distance of 35.00 feet to a point; Thence S 0°32' S9" W a distance of 20:00 feet to a point; Thence N 89°27'01" W a distance of 35A0 feet to the POINT OF BEGINNING. Said parcel contains 70.0 square feet (0.02 acres) and i~ subject to any other easements existing~or in :use. L LA Clinton W.. Hansen, PLS NP ^~o Land Solutions, PC 5~o T s December 19, 2007 ~ ~`` F ~ ~ a 11118 n "~ ~~t9tQT~ 2 <~ 9rR ~ ~ SOP ~~~ ~jaN W . 'NP~ ~~w~+~?~; ~, ~~~~~~ Camping world - City of Meridian water Easement ~~. ~ a"n cm~m"rre Job 1vo. 07-105 ~g f/4 N/ERS7AIE B4 l1 i 1 I 1 I 1: I I.~ ~I~ t I 1 ~~ ~~ I f. WATER EAS~EMENT~EXHlBIT CAMPING WORLDFO.TNE.CITYOFM~RIDIAN Q, Z~' itJNE 'rAB1E' UNE LE7VGIH BEA~QI~NC PA. RG>RL I.VQ Sf.?1.J.~T8f8f I ~ ~~ .. I 1 w $~, f ~ IGtTE7P ~~~/~iJJ E~ W ®~ ~'~E/ ~ ~l U!~ ~~ Land Surveying and Consulting i EAS~EIVI 23t E:STt~ST_STEA fib ~ MERIQUI,N, ID 83642 + 11288-20A0, (208) 2882357 (ax ~ www.l~QSCI.Ctz ~~, dIEA9 •_ B M9'9'tlrl~1Y, _. .:s120D' _. at OYD~AIICfl IirUO ~, ~ ~! ~~ . _ 3i9gIDr?I~`° '~ _ ..~,~ 1ATL7b" 7J1/I Tp~ mar ~. 6~• ~,Z~ Parcel name: 2 North: 701896.1518 Line Course: N 00-32-59 B North: 701916.1509 Line Course: S 89-27-01 B North: 701915.8151 Line Course: S 00-32-59 W North: 701895.8160 Line Course: N 89-27-01 W North: 701896.1518 East 24492:68.48.50 Length: 20.00 East 2449268.6769 Length: 35.00 Bast 2449303.6753 Length: 20.00 Bast 2449303.4834 Length: 35.00 Bast 2499268.4850 Perimeter: 110.00 Area: 700 sq. ft. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90•-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 1.10,000,000.00 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Kane Glenn ~~~ ~~ ~~~ ~i/ity ~~ i~ie~°~ddar~ ~it~r ~lcrk ®tfic~ CC: Fle Date: 1 /16/2008 Re: Proposed Agenda Items for 1/22/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/22/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Campinct World by Debaar LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Camping World by Debgar LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 waTEx Mann EasEl~;rrr THIS INDENTURE, wade this~~day of,~,~, 20~between DEBGAR, L.L.C., the parties ofthe first part, and hereitsaftercalledthe Gtaatots, and the City ofMerldlatr, AdaCounty, Idaho, the patty ofthe second part, and hereinaRer called the Grantee; WI7NESSETH: WHEREAS, the Grantors desire m provide a water mars right~f--way across the premises and properly hereinafloor particularly botmded and d~cn'bed; and WHEREAS, the water maiis is to be provided for through an underground pipeline to be constructed by others; a~ WHEREAS, it will be necessary to nnanstain, service and subsequently camsect to said pipeline Pram time to time by the Grantee; NOW, TEIEREFORE, in consideration ofthe benefits to be received by the Grantors, and offer good and valuableconsideration, the Grantors do hereby give, grantand 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 descn'bed property: (SEE ATTACHED EXHIBIT A and B) The ~semerst hereby grunted is for the purpose ofconstruction and operation of a water line and their awed facilities, together with dteir nuaintrrnance, additional connection thereto, repair and replacement at the conveniences of the Grantee, with the free right of access to such facilities at any ark all tunes. TO HAVE AND TO HOLD,thesaid easementandright-of-way untothe saidG~rantoe, ifs successors and a~igas fon~ver. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parries herr~o, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Gr~tee shall restore the errs ofthe eas~~t and adjacent property b that existent prior to und~s$ such , repairs and mace. However,Grant+oe shall isot be responsible for rol~n8+ mP~~$ ~ ~8 m-Yd~g Phsced withia the area described is this easement that was placard there in violation ofthis easement. THE GRANTORS hereby covenant ate agree dust tlmjr will not place or allow to be placed aay Permanent , ~, ~h. or pereamial shrubs err flowers witlsin the area described for this k which would interfere with rise use of said for the purposes stated herein. THE GRANTORS hereby covenant and agr+oe with the Grantee that should any part of the right-of- way asui easement hereby granted shall become part o>; or lie within the boundaries of any public atcoeet, then, to such extent, such fight-of-way and easement hereby granted which !ks within such boundary thereof ~ which is a part fhemoof, shall cease a~ become null and void and of no further ethct atul shall be c~spletely r~eliruquished. waa~ Main Sant ~ wv isusin • THE GRANTORS do herebycovenant with the Crranteethattheyate lawfiilly seized and possessed of the aforementioned and descn'bed tract of land, and that they have a good and lawful right to convey said easement, and that they wtTl warrant and forever defer the title and quiet possession thereof against the lawful cls~ims of all persons whomsoever. IN WITNESS W1iI<:REOF, the said parties of the fret part have hereto subscxi6ed their signatures the day aml year first herein above wtttten. GRANTOR: Presid STATE OF IDAHO ) )~ County of Ada ) On this _~_ day of h 20,Q~, before me, the undersigned, a Notary Public in and for said State, ,personally ry d N and . known or iced to me bo be a Presid aad Sect+etary, respectively, of the corporntion that executed the within insdrument, and acknowledged to me that such corporation executed 8~e same. IN WITNESS WFIEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. VERN,~ _ ~ pal, ~y '•s N_OvTARY P LI '!,P 'fir = Residmg at y A~ a~ ~ m Commission Expires: 7~ 8t IC ~ ~ ~~~ Water Main) a4emeat assort xrtr main i GRANTEE: CTI'Y 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~ bef ire me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WII,LIAM 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 insttumeM, and acknowledged to me that the City of A [eridian executed the same. IN 1t~I1TTESS WHEREOF, I have hereunto set my hand a~ aBiaced my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOIL IDAHO Residing at: Commission Expires:_ wat~MaaF ea~ww<<~ ~ i ~.ec~al Description City of (Meridian Water Main Easement A water ~riain easement for the City of Meri~Jian tJeiny located in the SW 'r:, of Section 13 Township 3 North. Range 1 Wesi. 6oise Meridian A.da County. Idaho, and more paiYiculany described as follows: Commencing at a brass cap mornui~ent marku-~y the southwest earner of said SW Yn. from which a brass cap monument marking the northwest corner of satd SW % beats N U`32 5~' E ; distance of 2G51.39 feet: Thence N 0'32'59" E along the westerly boundary of said SW '/, a distance of 120 84 feel to a pant: Thence leaving said westerly boundary S ti~1''2r 01 E a distance of X1$.00 feet to the POINT OF BEGINNING; Thence NO'32'S9'~ E along a line 48.00 feet easterly of and parallel to said westerly boundary a distance of 20.00 feet to a point: Thence S 89'27'01" E a distance of 35.00 feet to a (quint: Thence S 0°32' S9" W a distance of 20.00 feet to a pant. Thence N 89`27'01" W a distance of 35 00 fer~t to the POINT OF BEGINNING. Said parcel contains 70q square feet (0.02 acresi and is subject to any other easements existing or in use. Linton W. Hansen, PL.S ~ ~ ~i~L L,{,~w land Solutions, PC ~` r s December 19, 2007 ,`~~' ~.~~ F ~r -11118 u~ -~ (LI lh Pl.c <-~ y y ~ ~ j ,v ``~ f ~~~~3,; A Lc'~17~ a111'?<lOf 95 ',•inif7in~ Woilci l;dV of Merw~an Watar L:asemei:s ~.. _ i.~,m s~~.~y,ng Nm con„w„.g Job NO Q % ~ U `; ~ s IJ J/f SmPJf?72'' ~rA~ fQRg7' S9YJ4`111•' 5?J 9/' ' WATER EASEMENT EXHIBIT $ CAMPING WORLD TO THE CITY OF MERIDIAN I t 1 i ,~ ~~ I 1 I ~I; ~~ t 1 I 1 b' I n 0 60 120 240 L/NE TABLE L1JYE [fNG7H 6tEAR1NC PARa~t NQ S1?1dxTB1~S ~ ~- ~~ ~Cr10'M/N" I~ 9aQ0 ~S A6~Or?~ 2J z~ s~sv»rt*f 0 I ~~~~rii~~~~{~~ Land Surveying and Consulting 231 E. STH ST., STE.A MENIDUW, ~ 83642 (708)1862040 (208t 28&2557 faa www.landsdutiaK Dlt s 8i ?4ii6r -~ - TO.il.75' y !JI/. t Parcel name: Z North: 701896.1518 Line Course: N 00-32-59 E North: 701916.1509 Line Course: S 89-27-01 E North: 701915.8151 Line Course: S 00-32-59 W North: 701895.8160 Line Course: N 89-27-01 W North: 701896.1518 East 2449268.4850 Length: 20.00 Bast 2449268.6769 Length: 35.00 East 2449303.6753 Length: 20.00 East 2449303.4834 Length: 35.00 East 2449268.4850 Perimeter: 110.00 Area: 700 sq. ft. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 110,000,000.00 January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-Q REQUEST Streetlight Agreement for Settlement Bridge Subdivision No. 6 by Capital Development 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: f CITY PARKS DEPT: ~ /1 MERIDIAN SCHOOL DISTRICT: P ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Phone: ~rarr mma~s- Materials presented at public meetings shall become property of the City of Meridian. • • f ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02AI7108 10:1 AM AMOUNT .00 4 ' DEPUflf Bonnie Oberbiing ff RECORDED-REQUEST OF IIII'~~~'I~I~'I~~I'III'~'III'IIIIII I Meridian City 108013€-32 S'T'REET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #6 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development inc has provided 4ea single head 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #6 in Meridian, Idaho. The parties acknowledge that the 4ea. single head 1OOwatt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 4ea. single head 100watt street lights located in Settlement Bridge #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail offl' type. 5. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT ~ Page 1 • This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ~ 20~• CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ~~ gy ~ ~/!~ yor, Tammy deWeerd ATTEST: G. Berg, Jr., o Clerl~ ~'~I' _ ~ ~~~ ~~ ~ O® ~ 1~~ ~ ~ 1~` Capital Development Inc. By ATTEST: Sec ~' STREET LIGHT AGREEMENT Page 2 P~g4~., ~~ County of Ada, SS. On this~~^'~day of ~~a~. , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor Tammy de Weerd and WILLIAM G. BERG; JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofi:icial seal the day and year first above written. ~~4*y~N----.~~ ~~• ~ ~' 'QrY ~'•~O i SEAL :;~~ ~„~ ~y~: • • 4_ O i~,' ~ ~~~~~M• STATE OF ,) County of ,) . ss. NOTARY PUBLIC FqqR IDAHO RESIDINGAT ~ <<lu ~~~~ ~1~ MY COMMISSION EXPIRES ~ 0't 11 ! On this ~~`day of S' .rte , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared '~t~-mon ~ save- _ and 1Mar-•~ y'~y-Q~ known to me to be the President and Secretary of P_U~.,fnn~gy~'f; T~rc~ ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation 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 l~ ' NOTARY PUBLIC IDAHO RESIDING AT ~oi Se, Z~ MY COMMISSION EXPIRES 'Su.~.e_ S o't1~?1 a STREET LIGHT AGREEMENT ~ P Page 3 ~ . .~ i ~ $ '$ ~ ~ _ ~ ~ ~~ ~°~ ~ ~~ ~ ~ ~ , ~ ~; a ~ 'i ~i I 1 ~ ~ ~ ~ ~ ~~ J~ ~ $ - +~ ~ ~~ 1 ~ .~ ~ N ~ . ~ ~~~ i FO ~}~ - _ ~ CJ Q ~~ C 3 1 1 V 1 d N 0 to ~ ~s~ ~ ~~ ~~~ ~~~~~~ ~~ ah ~ ~ ~ ~e~a @ ~~ ~ d~ ~ ~~ ~ ~~~~ ~~ s~ ~~ € ~~~ ~~~ ~ ~~~~~ gg~ ^a~ a~ ~~~ ~ 1 N d l e d n d d. ~ m~~ . ~~ c~i- e ~~ ~~ + °b S (~ O 1 ~ S ~UOo°- r' '3'QN~~ "'~., z a°' ~~ ~ ; W m r~ d "',~ L.~ ~' I 0 ~ I ,d. ~ I W Z ~ ~ ~ ~ $< ~: a k$ <$ av St~ ~X su .B 9~ sv it$ gt~ vv 6, p~; v LJ.I ~ ~ ~ ~ ~~ e~ ~s F ~~ LlS ~~ ~7S ~~ ~'_ ~~ S el Z r J J J J J J J ~ J. ``~ r l~ Q U J 1 $' r W ~~ ,~ o e~ ~ ~' ~' . s D ~~ ~~ O ~~ ~~ CO 0 ® ~~ '~° .~. ~~ ® ~~ on« utcm~ ® WI .mm . ~ 3` ~ ~ Y .o - `S O'8r9 N 0 ~S s ~'~~ ° ~=b ° ~$$§$$7~ ~~ aa$ag,a:s ~° ~ Ry=sbag= ~ ~ #pe_$Sta7g$ i_e _~ _ [$.(it$ @ alR Y ~$S4 ~ s RR S 3HYE~~RFI W R :~ 4Y$ -8 =$Ama $$$§$~$ $R~$= $Dk$$$~ § $ A §§9 ~ $S i i ~ n: $ AiR~$~~ ~~{~$~ ~bnBtd~t$ ~' IP ~ ~~iB ~$ $8$$$ $B~$$$$ $$$$$ $$$$$$$ $ B $ $$$ ~~ ~~~~~ ~~~~s~~ ~~a ~ ~a~~~~~ ~ ~ ffi g~~ $ :~§ka $e~m§$$§ §~§:a ~§~:§$~ G a `s ~§§ ~d uuuLZ L.~r4u~'-y uLLu'u u~L~$u~ ~ ~ ~ &Ra ~$ ~ . ~ . ~. .. r0 ~ 'GN 3~Otb 1,71J07 'y d, of ... ® ~ °I° O r~~i S~ ~~ ~~ a ~~ ~ ~~ ~ ¢_ ® ~I .macros 0 dl arose O ~? aO ~~ ti ~~ ^O ~- '~ i WN o I o- _o ~ az m z ro z- w ~+ s~ W JO rm r~ W~ J ~. ~~ ~~ -~ ~r _- .-a ~.~ i • City of Meridian Public Works Dept. Memo To: Mayor De Weerd ~ City Councl From: Karie Glenn CC: File Date: 1 /15/2008 Re: Proposed Agenda Items for 1/22/08 City Council Meeting pity i~t°li~Ysradian City Clerk C~Y`~ce The Public Works Department respectfully requests that the following items be placed on the 1 /22/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Settlement Bridge #6 by Capital Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Settlement Bridge #6 by Capital Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #6 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Capital Development inc has provided 4ea. single head 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #6 in Meridian, Idaho. The parties acknowledge that the 4ea. single head 100watt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 4ea. single head 100watt street lights located in Settlement Bridge #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 • This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: William G. Berg, Jr., City Clerk Mayor, Tammy deWeerd Capital Development Inc. t. 'f s ,; !' President ~( ATTEST: Sec ~'3' STREET LIGHT AGREEMENT Page 2 ~ ~ County of Ada, . ss. On this _. day of 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor Tammy de Weerd and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) County of ,) . ss. On this (~~`day of ~cLsuiax ~ , 20 0~, before me, the undersigned, a Notary Public in and for said State, poly appeared ~a-nun ys~r~~,~SL•,•,. and yvia.~~./. ~ l~r~raasrm known to me to be the President and Secretary of ~'~~'~-~ ~ Pu . ~n~Q,~f, Tarr' ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0 SEAL ~ = 1yo~r~~y°~: ~ NOTARY PUBLIC F IDAHO ° RESIDING AT ° y ~. ° ° MY COMMISSION EXPIRES ~u.~.e ~ , aL ~ ~ j'UELlC ° m e ° 0 `d. °.~°`..a° °~. • ```~~ STREET LIGHT AGREEMENT Page 3 • r January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 200$ APPLICANT ITEM NO. S-I~ REQUEST Agreement for Instructor Services for Drawing and Cartooning Instruction with Young Rembrandts for a not to exceed amount of $3,360.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cfly of Meridian. .fan o7 08 ill a ~6ya t*IA~ E tRC COLLOW 2tt0~31 -0542 ~- ]. ~CsIEiV1Et~T f=~3R 9ftiISTRt1CTC?R ~ER~ICE~ `I°'~i~ ~~REEI~f~t~~T ~~~ li~d~~'RISC°~(~I~ ~~i~°~6ICE~ is tTtc~de tills f ti, da~+ of ,~arE$.tary_, 2048, and entered into by a~td iaetween fibs Cray of fV{eridiart, a rtt~anicipal corporation orcianized under the laws of the State of fdaho, herEinafter referred tra as °°t:IT~'", 33 East 6daho Avenue, I'Jleridian, ictaho 8:3042, and YoUr-g i-Zerr~brartdta , hereir~a~er referred icy as "CO~fSUL~f"~,(~~", vvhc,se business address is PO f3o~; ~i83i 13+oise fib, ts3?0? . INTR~~~t~~'IClM ~iheseas, the Crfy has a need for services involving Dra~vinc~ and ("artc?onirt~~ latstr'~,~ction; artd V`J!-i1cRE~~, the Consultant is specially trained. experienced ar--d cortaf;,ei:ertt to perform and has agreed to prvvrdrr such services; M1f011V, TFIEIREFORE, in cortsideratron of the mutual promises, covenants, tec'i~ts and conditions hereinafter contained, the parties agree as fod6o~,vs: TER1f~~ ~it~~ ~t~6J1~6Ti0~~ scope of ~erviices:. 1.1 COfVS4Jf_TANl° shall perform at~d furnish #o the City upon execution of this Agreement and receipt of the G;ty's written rrofice tv proceed, a!I services, and cort~tpfy in ail respects, as spLcified below and in Exhibii A. a. l~l~.~VIMC~ AI~I~ ~i~~TO~f~f6~t~ IA9~T#~1~3~°f"!h! '1.2 I~,il docur~nents, drawirogs artd written work product prwpared ur produced bey the Consuipara# under this ~gr'eernen>r, inc9u~fing ~~arthoufi iin~itation electronic data piles, are the properfiy of the Consultant; provided, however, t. to City shall have ti-re right to reprodurr;e, paabiish anti rase all sucft work, Lr arty part thereof, in Page i oi' 8 Jan Q7 ~€~ C3?; 2rp h1F~~TG MC COLLO~J ~0~~ 1 -0: 4~2 4arryr manner and fc~r any p~rrpases whatsc3ever and to ar_,tl~ari:~e others fv da so. 1 _~ The Consultant shall provide services and work ur'rder this Agreerr~ent consistenfi with the requirernenfs and standards established by applicab#e f'edera#, state and city laws, Qrdinances, reguiatians an~i resoiutians_ Thc: Consultant represents acrd warrants that it v~ri!! perform it's work in accordance vvitl~ generally accepted indusfiry standards as~d practices for the profession ar IJCt~feSSiUB1S that ariw used in perf~urmarace of this Agr~eernent and that sire in effect at the firne of per$csrmartce c;f this ,~greer-nent. Car~siderati®n ~. 9 The Cansu#tant shall be con'~pensated an a tirrre Kand #Vlater'a#s basis as provided in "Exhibit B' belo~~u, fear full and carriplete compensation under this agreement. The City wi#l not withhold any Pedera# or State incc,rne taxes or Saciai Security Tax frorrr any ~iayment made by City to Carasultant under the terrrrs and conditions of this Agreement. 3. ~°6me of i~erfarrr~an~e: This agreement shall became effective upon execution by both parties, and shall expire upnr-s completion of the agreed upon service, unless sooner terrreinated as provided below csr urlifa~S scarrze other method or tune of termirratian is listed in Exhibit A. This Agreement shall terrninafe autarnatically can the cccurr~~nce of (a} bankra~ptcy or ipso#vency of either party, or (b} sale taf Ci~nsultants business. ~. fradep~:radcrtt Ctrntracfi®e': ~_1 In all matters pertaining i© this agreement, CCJtdSl6t.TAl'JT shall be acting as an independent contractor, and neither CC3h~SULTANT nor any officer, en~pioyse car agent cif CC}t~SULI~AtVT onaiN be deemed an er-tployeP of CtTI'_ ~. I~a~cea: Any and all notices rerta.;ired to be given by erther of the parties hereto, unless otherwise stated in this agreer7'ieni, shall be in writing and be deemed comm~rnicated wren mailed in the United States rriail, certified, return receipt requested, ~rd~iressed as faliQws: ~.2 Page 2 of 8 :Ian 07 08 02; 2?ya Ml=1~IE MC C:OELOW 20831 -042 ~,, 3 City of Meridian Purchasing Agent 33 E. Idaho Avenue it~eridian, Idaho 85~~42 Young [~err~brandts P~ Box 6337 Boise. IQ 837117 208-8~0-4329 Either party may change their address for the purpose of this paragraph by giving written notice of such cFrange tcs the other in the rraanner herein provided. 8 .~tte~~rpey I"~s: Should any iitigc~t~vn fie corrarrrenced E~etween the parties hereto concerning this Agreervaent, the prevailing party shall be entitled, in addition to any other relief a~ may be granted, to cflurt costs and reasonable attorneys° fees as determined by a Court of competent jurisdiction. `his provision shah br=.a deemed to be a separate contract between the parties and sl~~all survivE any ciefiauft. terrraination ar forfeiture of this Agreer'raen~i. 0. Tiro is caf tho E~ss~nce: The parties hereto aokncrvaledge grad agree that time is strictly of the essence with respect tG each and every form, condition and provision hereof, and that tyre failure to ~iimely perform any of the obligatic:ras hereunder shah constitute a breach of, and a default under, dais A,greernent ley ths~ p~ar~ty so failing to perfr~rrn. ~0. Assi~rarner~#: It is expressly agreLd and understood by the parties hereto, that CQ~lStlLTANT shall rroot have the right to assign, transfer, hypothecate or sell any of its rights under dais Agreer~aent c~xcE:pt upon the prior express written consent of CITY, 11. C3ssee°iir7airaa'¢iorr Pre:+F~itai In perforrr;ing the Services reyutred herein, CC~NSULTA~IT shall not unlawfully di;~crirrainate ira vioiatic~n of any federal, state or focal lavap, rule or regulation against any person on the basis of race, color, religi®n, sex, national origin or ancestry, age or disability. Page 3 of 8 Jan O'? O8 C1~: ~?;~ 12 MA~E MC CALLOW Reports and Infor°rnatia~rr: 20~~31 -O~~~L 12.1 At such Times and in such forms as the CITY rn~ay rr~Guire, there shall be furnished to the CITY such staternent5, reveres, reports, data and information as the CIT'r' may request patterning to matters covered by This Agreement. 1~. Perobticatia~n, Repr®da~ctaan and Use eat ~9atr~r°ial: Pia rrraterial produced in whole or its part under this Agreement shall be ~:ubject to copyright in the United States ar in any other ~vountry. The CITY steal! have unrestricted authority to publish, disclose and c-therwise use, in whale or in part, any reports, data or other materials prepared under this Agreerrrerrt. ~ b- Corin~+Gaa~ce uvith Laws: In perfc,rrnrng the scope of services required hereunder, COhISULTAA~-6` shah comply with ail applicable laws, ordinances, and codes of I~sderai, State, and local a~averrrrnents. 9ti. Cthang,+as: The CBTY rs-say, from tirr}e fie fiirr~e, r~uest ~:hartc~es in the Scapa of Services to be pei~ormrd hereunder. Srzch changes. including any increase or decrease in the arrraurrt of C®hISRJLTANT'S compensation, which are n~rrtrrally agreed upon t:Jy and behtveen the CITY and GC'~3SUL1'APdT, shall Lie incorporated in written amendments to this /~+green~er~t. 77. Toranina~iton: If, through any cause, CC?h1SULT1-~.,(`dT, ris Cfficei's, employees, or agents fails to i'ull`iii in a timely and proper ra-sanner its ®bligati©ns under this Agreement. violates any of the covenants, agr-een~ents, or stipulations of this Agreement, falsiiie:: aroy record or document required to be prepared under this agrecr°nent, engages in fraud, dishonesty, or any ottrer act of rrriscanducfi in the performance at' this contract, or if the City Cauncrl deterrnii~es t~rat termination of this Agreement is in the best iniere:~t at Cll1°, the CITY shall thereupon have the right to terminate this ~Ogr~-~rnent by giving written native to G~NSULTAh1T o~f such temarnation arsd specifiying the effective dale thereof afi least fifteen (1 ~) days befit~re the effective date of such termination. C+rJNSt~LTl~1~9T array terminate this agreement at any time by giving at least sixty 4~ti0) days notice to CITY. In the event of any terrrrination of this Agreement, all finished car unfinished documents, data, and reports prepared by P~~ Page 4 of ~ Qan 0°7 08 Q2:2'7~ r1A~I~ MC r;OLLCIW ~08~31-Q54~ ~, CC?NSULTAiVT under this Agreement shaft, at the of~tion of the CITY, become its property, ancf {;C7l~SULTAtaIT shall k~e emit{ed tea receive just and equitable compensation far any wor'~ satssfaetoriiy carr~plete hereunder. f>l~at~rithstanding the above, CrJI'~SULTIs,~dT shall not be re{ieved of liability to the CITY for damages sustained by t"re C! f'Y ~~y virtrac~ cif any breach of this Agreerrrent by C~Ji~iSULTAfVT, and the. CITY may withhold ar,y payments to Cf~I~SUITA~`{° for tine purpc'ses of set-off until such time as the Exaef amount of c~ar~ayes :due the C9T'y from C®NSt)LTAi+tT is deten~rined. This pravisir~r~ sFiail suruiue the termination of this agreement and shah r~t~t rd3lieve CC~t~SULTA~fT of its liability to ti~re CITY for darnage3. 18. Car~~trr.roticrn and Severabitity; If ar,y part of this Ac~reer~a~r+r is heicl to be invalid or unenforceable, such hoidir~g will noi: af'se~t the vaii~lity or enf©rceabi{ity of any ai:her part of thrs Agreernerrf so long as Che remainder of the Agreement is reasonably capable cif carrrpletian. 1 g. Ad~rio~ of Attorney: Each party war rants and represe~i;s filet rr~ executrng this Agreement, it has received independent ic~gai ~acfvice frar~t it's attorney's or the opportunity to seek such advice. 1 g. Entire e4greemert$: This Agreement contains Che er~t~re agreerr',ent cif tt',e parties and supersedes arty and ail other agreem~;nts or understandings, oral of written, whether previi~us to the e>.ea:utian hereof or canternporar~eous herewi~ih. 2{J. Appiicabi~; i..aw: This Agreerraent shaft be gaverneci ~iy ar~rd construed and enf©rced in aecardante with the lavers of the State of Idaho, and the ordinances of the City of ~9eridiarl. 21. Appra~rai o~equired: This Agreement shall not becon're effective or binding until approved by the City of fUieridiara. Page ~ o. 8 .fan 0? 08 O~:2IJ~O ~~'Tl' €~~ I~~'tt~~A.~+9 ~Y`: T~~~~ ~ ~~~~~~ ,~tt~~t: M-~~I E P7C COL_L041 ER[ \/~ ~,P G. J~~. 2Q8~3i -Q54c p.6 ,'Y ` ~ ~L ~ ~~~ (,~` '` ~~- -- '~~~ e~~ °c t~ l`~~ti-dg ~~~~ r ~~ ~ '~ ~,. ,; ~;r~ ~ . A{~~~o~~~ ~~ #~ ~dr~~~s°,t ~1~: __ ~~E9Ti-i ~' ~, P~1 ASiNG AGERfT A~~~o~~d ~:~ ~~ ~t~~~ ~i~`Y` ATT~F~tPJEI° L3e~arfr~~r~~; ~-~l~~e~~~~ ~y:_ Page6of~ ,Ian 07 08 02: ~~~ PiFt~ E NaC CClLL~OiJ ~08~31 -054' ~~~-f~~~~' A ~G~iP~ (3~ S~1~~1~tE~ 1 Lyei u~- Glass room to meet tape needs of the class. ar~aa~ ~~articipants. 2. I_eac1, instruct, and demonstrate the appropriate activities related to safe drawing activities and currica,~ia,rat~. 3 i-'rc~+~ici~: a nurturing and va.app®ri~ive environment that erac;ourages particilaar~ats ira their efforts. ~ ~oralpiete and subniif all reports grad participant trachir~g En;-orr~natir~n as repaired ley thc~ cr~unty fpr fhis class. j3. " ~lerraentary [}yawing" class wi91 ~e ene hears (~ll i°a cta~ratian, t~rie (1~ ~.iasses per weer grad four {4} r~',~eeics per session. ~. ``~,artc~a~n rJravuing~ class will be ane hour' (1) in dura$acara, cane (~l a ;:i~~ssLS ~.~er wr:::c:ic anti four (~) v+reei~s per session. p.7 Page 7 of 8 ,J~ra ~ tJ8 tJ~~ ~8~ t~if~~ E P1~ COLLOW ~C18~31 -~J5~2 p, 8 ~~t-~tl~l~r ~ ~~i~t~IL}~~~TI~bPr~ Pay/ well he eigfl~y (80j p~rceni ~f the ~at~l t°eve~ue ger~er~afe~ ~;}~ par~acil~ant's rega:~tratieri lees Page L ©~ 8 • • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-S REQUEST Agreement for Instructor Sevices for Ballroom Dance Instructions with Victor Burke for a not to exceed amount of $2,940.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See affached ~~ Date: Phone: Staff Initials: Materials presented at public meetings shop become properly of the city of Meridian. • AGREEMENT FOR INSTRUCTOR SERVICES THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this 7th day of January , 2Q08, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Victor Burke ,hereinafter referred to as "CONSULTANT", whose business address is 807 Alturas St. Nampa, ld 83888 ,. INTRODUCTION Whereas, the City has a need far services involving Ballroom Dance Instruction; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1, Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in ail respects, as specified below and in Exhibit A. a. BALLROOM DANCE INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without (imitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in Page 1 of 8 ~ ~ any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, s#ate and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement, 2. Consideration 2.1 The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit B" below, far full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax ftom any payment made by City to Consultant under the terms and conditions of this Agreement. 3.. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Page Z of 8 • • Gity of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Victor Burke 607 Alturas St Nampai 1D 83886 208-860-$537 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney F®es: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be enti#led, in addition to any other relief as may be granted, to court casts and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed fo be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a defaul# under, this Agreemenfi by the party so failing to perform. 10. Assignment: I# is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state ar local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin ar ancestry, age or disability. Page 3 of 8 ~ ~ 12, Reports and Information: 12,1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: Na material produced in whole or in part under this Agreement shall be subject to copyright in the United States ar in any other country. The CITY shall have unrestricted author'it}r to publish, disclose and otherwise use, in whale or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance wiffi Laws: In performing the scope of services required hereunder, CONSULTANT shall comply wi#h all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT`S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall 6e incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shaft thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termina#ion and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreemen# at any time by giving a# least sixty (60) days notice to GITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Page 4 of 8 ~ ~ CONSULTANT under this Agreement shall, at the option of the CfTY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT far the purposes of set off until such time as the exact amount of damages due the CITY from GONSULTANT is determined. This provision shat! survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY far damages. 18. Construction and Severabitity: If any part of this Agreement is held to be invalid ar unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective ar binding until approved by the Gity of Meridian. Page 5 of 8 ~ ~ CITY OF MERIDfAN TAMMY ERD, MAl(~ ~~'`"'' .,, ,~~ .~ ~- a ~~~ ~~ ~,~ v~C ~ ~~~~ O Attest: e ~ ~ 3~ ~/ '~ J - ~•. G. BERG, JR., Approved as to Content .~~~ • ~q b~ ~ ~ ~~ ,. '~, BY. KEI A , P R S[NG AGENT Approved as to Form CITY ATTORNEY CONSULTANT ,> BY: ~1! c. 2 l~~r ~ Department Approval r ~:, By: ~ l~ Page 6 of 8 EXHIBIT A SCOPE OF SERVICES 1. Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to safe ballroom dance activities and curriculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts_ 4. Complete and submit all reports and participant tracking infom~atian as required by the county far this class. 5, "Beginning Ballroom" class will be two hours (2) in duration, two (2} class per week and four (4) weeks per session. Page7af8 ~ ~ EXHIBIT B CC)NSIDERATION Pay wil[ 6e eighty (8Q} percent of the #o#af revenue generated by participant`s registra#ion fees. Not To-Exceed $2,940.00 Page 8 of 8 January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-T REQUEST Agreement for Instructor Services for Belly Dancing Instruction with Jenifer Cavaness-Williams for a not to exceed amount of $576.00 AGENCY COMMENTS CITY CLERK: See aftached 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 o1 fhe City of Meridian. r ~ AGREEMENT FOR INSTRUCTOR SERVICES THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this _8th_ day of January , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Jenifer Cavaness-Williams ,hereinafter referred to as "CONSULTANT', whose business address is 3648 W. Park Creek Dr. Meridian, Id 83642 . INTRODUCTION Whereas, the City has a need for services involving Belly dancing Instruction; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified below and in Exhibit A. a. BELLY DANCING INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in Page 1 of 8 ~ ~ any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration 2.1 The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit B" below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Page 2 of 8 • City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Jenifer Cavaness Williams 3648 W, Park Creek Dr. Meridian, ID 83642 208-869-2794 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Page 3 of 8 i • 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Page 4 of 8 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Page 5 of 8 r~ U CITY OF MERIDIAN CONSULTANT BY: G~il2y TAMMY a WEERD, MAYQR :. ~ Y: ~~ 6~ Attest: _ ~~ E:a , j G. BERG, JR., Approved as to Content gg ~~~~gg~.p ~~ t,. l.y6V C ® ~ SS~4 1 i`ABIi/t@@199h1h~`~\~ ~~ ~ ~ .~~ BY: l7 - d KEIT ATTS, PURCHASING AGENT Approved as to Form CITY ATTORNEY Page 6 of 8 Department Approval By: ~,~ EXHIBIT A SCOPE OF SERVICES i Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to safe belly dancing activities and curriculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts. 4. Complete and submit all reports and participant tracking information as required by the county for this class. 5. "Belly Dancing" class will be one hours (1) in duration, one (1) classes per week and four (4) weeks per session. Page 7 of 8 EXHIBIT B CONSIDERATION L~ Pay will be eighty (80) percent of the total revenue generated by participant's registration fees. Not-To-Exceed $576.00 Page 8 of 8 • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. ~-U REQUEST Agreement for Instructor Services for Early Childhood Activity Instructor with Sheri Doyle for a not to exceed amount of $5,472.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials- COMMENTS See attached Materials presented at public meetings shall become properly of the City of Meridian. AGREEMENT FOR INSTRUCTOR SERVICES THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this 7th day of January , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Sheri Doyle ,hereinafter referred to as "CONSULTANT", whose business address is 166 E Moskee St Meridian Id. 83646 , . INTRODUCTION Whereas, the City has a need for services involving Early Childhood Activity Instructor Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects,, as specified below and in Exhibit A. a. EARLY CHILDHOOD ACTIVITY INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in Page 1 of 8 any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration 2.1 The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit B" below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Page 2 of 8 City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Sheri Doyle 166 E Moskee St.. Meridian, ID 83646 208-288-5703 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Page 3 of 8 • 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that terminaticn~ of thjc Agre9r?nent is..in the best~.intecest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) _ days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Page 4 of 8 ~ ~ CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Page 5 of 8 CITY OF MERIDIAN .~_.~~-~ BY: TAMMY EERD, MAYOR ~~ _, Attest: ~~ ~~~ "` ,~- ,~v .. ~ ~~. i~~~ ~ ` ~~ WILLIAM G. BERG, JR., CITY ~E ~ ;./ ® ~,t:~' ~~~ ~ Sim':.. ~~ .. r °~~~aaaaaao oaaas;;'~', Approved as to Content BY: ~ I -a' 7-D$ KEITH ATTS, PURCHASING AGENT Approved as to Form CITY ATTORNEY CONSULTANT ~~' ~~ ~ ~ BY: Department Approval r ~ By: b ~, Page 6 of 8 EXHIBIT A SCOPE OF SERVICES 1. Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to safe young childhood activities and cumculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts. 4. Complete and submit all reports and participant tracking information as required by the county for this class. 5. "Preschool Fun" class will be forty-five minutes (45) in duration, one (1) class per week and eight (8) weeks per session. 6. "Baby Signs-Sign, Say and Play class" will be forty-five (45) minutes in duration, one (1) class per week and six (6) weeks per session. Page 7 of 8 EXHIBIT B CONSIDERATION Pay will be eighty (80) percent of the total revenue generated by participants registration fees. Not-To-Exceed $5472.00 Page 8 of 8 January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-V REQUEST Agreement for Professional Services for Appraisal Services with Buich Appraisal Services for a not to exceed amount of $5,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. COMMENTS See aftached ~~ ~ ~ ~ ~ "~ ~ ~~ i j t I x ~ , ~; ~ C~ .~ ~; j ~ ~ ~ i l ~ ~ t' ~1 F ~ r } ~ i ~~ r ~ , x { , ~. ~ ~~ I '. 5 i. t ii I` 7 r J k ~ ~ r 1 Sg ~ ~F ~ ~ ~j ~ I r 1 ~ ~ ~ ,, ~ ~t E' F ~ ~ _, ; ~ t e ~ ~ ~ i t S ff ~ ~ ~ I $ ~ , - ~ e F . ~ ~ ~ t ~I t 1~ q c{ 3 ~ I ~ i ~j . ~ is e i9 ~ ~1 ~ ~ I ~ ~ ~ ~ ~ - I e 14 ~. ~ fi~ S ~ ~ ~ ' 3 ~~ ~~ ...TTT ' I ~ r{ - i ~ti i ~. , r ~ ~.._ ~ L ; ~ ~ ~ f E , , i ~ ti i ~-. `- ' ti 7' ~ 1 yp `'S i F ~ ~1 ~'~ ~~ ~~ ~ 1 ~' ~ s ~ ~ ~ ~ ! F t ~' `; ~ ~ ~ r ` ~ ( ~ Y ~ ~ ~ ~ i i . ~ yyqq ~ ~ ~ r r I ~ ^ s 1 ~ i, z: l ~ ~ i ~ E ~ ~ ~ t ~ , ~ i+ ' I y I :.r .. R` . i , , ~ ~i ~ ~ ~% I ~ ~ i E 5 ~ 2 i I" H ~ ~ ' ~* c i ~ p ; j s ~ ~ ~ ~ k ~ I ~ ~~ ~ ~ "~` ~ I~ ~;I j~ ~ t , i ' ~ ~ i ` ~ ~ t ~ ~ ~ t ~ ~ ~ a, , . r ~t ~ ~ , 1 I ~ I ~ 6~ ~ ~'~' ~ ~ r I ~, ~~` ~~ ~~ ~ I ~ ,«+ ~ t 4 E ~ , y I ~ ~h ~i ~ f ` ~ ~ ~ ~~ i ~ ~~ ~ j; ~~~ , ~S~ '. ~ I J '. . ~ ? t I ~ r ~ ~ ~ ~{ ~ ,> s .E ~ ~ ~. _ ' ~~ ~ l r , ~ ' . ~ 3 ~ ~ 1 i r xi , ,~ ~ 1 ` ~ # ~ ~ ~l 1 ~ ~t; r 4r ~ . ~, ~ t t ~ I 1 l r ~ ff1 ~ ~' ~~ ~t ~ ~~ ~~ ; i I ~ ~ ~ ~ ; I ~ r ~ ~ ; x ~ r ~ 1 ~ '',, ~ ~ 1 ~~ '#? i '' ~ ; I ~ ~ i ~ r ~, ~ ~t i E ' i ~ ~~ ~ ~ , ~~ ~ ~ r ~ ~ ~ F ~ ~ ~ ~~ ~~ 1 ~ r a ~ ~ ~ ~ I ~ ~ ; 4 qtr ~z' ~d ~) 1 i I 1 I ~ I 't ~~' Y i E~ i c ~I ~ ai ~ i ~ ? f p ~: is T" r F i ~ t . . F ~ ` ~' t rJ ~ $ S ~ ~,, ~ 7 4", s k i y S~~ t r t ~ S • r-2~-®~ . . • ~-s AGREEMENT FOR INSTRUCTOR SERVICES THIS AGREEMENT FOR INSTR o bTORdSb Rivvueen the City oftMeridian, as day of Janua , 2008, and entered tnt y municipal corporation organized undervenue MeridhanS dahof 83642, and ' Vict r referred to as CITY' , 33 East Idaho A Burke ,hereinafter referred to as °CONSULTANT", whose business address is 607 Atturas St Nampa 1d 8.3686 ,. INTRODUCTION Whereas, the City has a need far services involving Ballroom Dance Instruction; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFO s here nafterd containedt the parties agree as covenants, terms and condition follows: TERMS AND CONDITIONS ~, Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified below and in Exhibit A. a. BALLROOM DANCE INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, i ocflutt1deng without limitation electronic data files, are the property Consultant; provided, howeva'such workhorl any part the etof, in reproduce, publish and use Page 1 of 8 i • any manner and for any purposes whatsoever and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted Indus#ry standards and practices far the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 2. Consideration 2.1 The Consultant shall be compensated on a time and Materials basis as provided in "Exhibit B" below, for full and complete compensation under this agreement. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. 3. Time of Performance: This agreement shall became effective upon execution by both parties, and shall expire upon completion of the agreed upon services unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall temninate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. 6. Notices: Any and all nofices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shat! be in writing and be deemed communicated when mailed in the United States mail, certifed, return receipt requested, addressed as follows: Page 2 of 8 • • City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian., Idaho 83642 Victor Burke 607 Alturas St Namaa. I© 83686 208-860-8537 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perfarm any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Page 3 of 8 • • 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whale or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of sen-ices required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interes# of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Page 4 0# 8 • CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shalt be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shalt not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT far the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Consbvction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 2fl. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Page 5 of 8 • CITY OF MERIDIAN BY: • /~ TAMMY Attest: CONSULTANT ~, iiiii~~~ .,~~ rya ~Z O g ~~~~ - ~~ ;~ •s~. ~~. e, ~• ,p ,• ~~. ~~tri~ ~~ ~~~tir•~~~`~• ), MA .. 0 ilr~--' /Nits .M G. BERG, JR., CIS Approved as to Content BY: KEI WA , P R ~ SING AGENT Approved as to Form CITY ATTORNEY Page 6 of 8 Department Approval ~ By. • EXHIBIT A SCOPE OF SERVICES 1. Set up class room to meet the needs of the class and participants. 2. Lead, instruct, and demonstrate the appropriate activities related to safe ballroom dance activities and curriculum. 3. Provide a nurturing and supportive environment that encourages participants in their efforts. 4. Complete and submit all reports and participant tracking information as required by the county for this class. 5. "Beginning Ballroom" class will be two hours (2) in duration, two (2) class per week and four (4) weeks per session. Page 7 of 8 EXHIBIT B CONSIDERATION Pay will be eighty (80) percent of the total revenue generated by participant's registration fees. Not-To-Exceed $2,940.00 Page 8 of 8 ~ ~ January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-W REQUEST Agreement for Professional Services for Construction of an Additional Parking Facility at the Existing Heroes Park with Stanley Consultants for $3,600,00 AGENCY COMMENTS CITY CLERK: See aitached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of November 7, 2007, bet~areen MERIDIAN PARKS DEPARTMENT (CLIENT) and STANLEY CONSULTANTS, INC. (CONSULTANT). The CLIENT intends to construct an additional parking faciliiy at the existing Hero's Park (hereinafter caged "project"). The site is looted on the east side of Ten Mite Road south of Chinden Boulevard, in Meridian, Idaho. CLIENT and CONSULTANT agree: 1. Scone of Services. CONSULTANT shat) perform professional serrces as sated in F~chibit 1. 2. Comnensatlon. CLIENTshallcom~nsateCONSULTANTforCONSULTANTssen-ic~sasstatedinExhibit 2. 3. Terma and Condifiions. CONSULTANT shall provide professional services to acxrordance with the terms and conditions stated in Exhibit 3. If client issues a purchase order or other doaiment to initiat® the commencement of services hereunder, it is agreed that any terms and conditions appearing thereon shag have no application and only the provisions of this Agreement shall automaticany apply. 4. CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 5. Following exhibits are attached to and made part of this Agreement: Exhibit 1 -Scope of Services Exhibit 2 -Compensation Exhibit 3 -Standard Terms and Conditions 1N WITNESS WHEREOF, the parties below have executed this Agreemerrt as of the day and year first above written. ~,,TY PJ~ I~Fi¢~ o-~t STANLEY CONSULTANTS, INC. Ste Amold, Pro ect Principal Address for giving notices: ~(~ l~ `?'O(`~ Address fo notices: 1940 S. Bonita Way, Suite 140 Meridian, ID 83642 Ph. 855600 Fx. 855-5656 SC2272 1289 11 W. Bower Street Meridian, ID 83642 , ,, , , , , , . , Ph. ~-3579 '. fi F° '~ Fx. 898-5501 ~"~` ` a r , . ~. .,-~ ~a '~~', ~~~_.~ ~ - s~ ~ ~ ~A~ ~~ ~~rrrlai ni~~~~~~~~~~. -_._~. - 1.1 CONSULTANT'S SERVICES PROFESSIONAL SERVICES AGREEMENT EXHIBIT 1: SCOPE OF SERVICES 1.1. i The Consultant's servicx;s consist of only those services performed by the Consultant, Consultant's employees and Consultant's consultants enumerated in Articles 2 and 3 of this Agreement and that have been checked with costs inserted on the "Engineering Cost Sheet" attached hereto. 1. i .2 The Consultant's services will be performed as expeditiously as is consistent with professional skill and care, orderly progress of the Work and the scheduling of agency reviews. Upon request of the Client, the Consultant will submit for the Client's approval a schedule for the performance of the Consultant's services that may be adjusted as the Project proceeds, and that shall include allowances for periods of time required for the Client's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Client and Consultant will not, except for reasonable cause, be exceeded by the Consultant or Client, 2.1 DEFINITION 2.1.1 The Consultant's Basic Services consist ofthose services described in paragraphs 2.1.2 through 2.8.1 and include all normal civil engineering and surveying services associated with the services and work product described in such paragraphs. 23 GRADING AND DRAINAGE PLAN 23.1 The Consultant shall design and prepare a grading and drainage plan for the parking facilities in accordance with the design specifications and standards of Meridian City, DEQ and other reviewing agencies. The grading and drainage plan will show proposed contour lines for finish grade and will incorporate recommendations provided in the geotechnical report. The drainage plan will show existing and proposed drainage features. Hydrologic and hydraulic calculations, with drainage areas andrun-offvalues, will be performed to size detention facilities and to size storm drain piping. The calculation for the volume ofrequired detention will be calculated for on-site detention facilities and locations will be shown. 2.3.2 The Consultant will submit the construction plans for the grading and drainage facilities to the MeridianDepartment ofPublic Works, DEQ and otherapproving agencies andpursue.the agencies' approval of such plans. 23.3 The Consultant will provide construction staking for the grading and drainage plan, once. The staking provided is, curb and gutter, and storm drain pipes and seepage beds. The proposal assumes contractor request full task staking C.e., ifcurb and gutter is requested to be staked it is for the entire project one time not portions). scrlrz ~zss c: ~~ 2.4 POLLUTION CONTROL PLAN PROFESSIONAL SERVICES At3REEMENT 2.4.1 The Consultant will prepare a pollution control plan together with the associated submittal documents sufficient fora submittal to the Emriro~ental ProtectionAgency and IDEQ, as required 2.5 CONSTRUCTION PRINTS 2.5.1 The Consultant will provide the Client with the required sets of construction drawings for the preconstruction meetings, utilities, Meridian Public Works Director, and DEQ. Construction plan sets for this site will be provided on a time and material basis. 2.6 COURIER SERVICES 2.6.1 In order to keep costs down, the Consultant will utilize the services of a courier to develop and assist in processing construction plans through agencies. This service is more cost effective than having administrative stafftransporting plans to the approving agencies. This service will be provided on a time and material basis. scram ~2se PROPESSiONAL SERVICES AGREEMENT ARTICLE 3 EXCLUDED SERVICES 3.1 DEFINITION 3.1.1 The Client and Consultant agree that there may be certaf n additional or extended services required to be performed by the Consultant during the contract perm that cannot be defined sufficiently at the time of execution of this contract. Such services sha11 be authorized in writing in accordancx with applicable contract provisions. Services associated with the Project that are specifically excluded from the Consultant's Basic Services set forth in Article 2 are: • the design of any off-site or adjacent streets • the design of any off-site sewer • the design of any off-site water • the design ofoff--site irrigation facilities • the design ofoff-site drainage facilities • pressure irrigation design • client requested changes to construction drawings after submittal to agencies • environmental studies and/or reports • preparation of traffic studies and/or traffic control plans • flood investigation and reporting • attendance at public meetings • geotechnical services • material testing • special structures and major waterway crossings • sewer pump stations and pressure lines • w~' ~PP1Y ~~ 3.1.2 The foregoing Exclude Services and other nonspecified Services wtil be provided by the Consultant, as requester by the Client or as required to fulfill the requirements of the agencies affected by the project. The Client shall be responsible for the costs a~ociaxed with such additional Consultant's services as time and material charges or pursuant to the terms of any written agreement, which shall be signed by Client, spelling out terms and tests, prior to the additional work being performed, or Client will not be obligated to pay for the additional work. sczz7a ~zss PROFESSIONAL SERVICES AGREEMENT ARTICLE 4 CLIENT'S RESPONSISTLITIES 4.1 The Client understands that the Consultant's timely performance of its services required hereunder cannot be undertaken, in some instances, without the cooperation and guidance of the Clientand/or the preparation and/or delivery of certain documents. 4.2 The Client shall furnish to the Consultant the following legal documents, services and/or tests: • a legal description and any existing land survey of the property • a detailed site plan • as-built/Ra;ord drawings of the site • title policy for all developed and affected areas • the results of any geotechnical studies and tests deemed necessary by the Client, Consultant or reviewing agencies • draft and final copies of developmern agreement(s), license agreement(s~ covenants, conditions and restrictions for the 1'r~ject • copies of all ownership documents concerning the subject property (warranty deed and/or options and contracts to purchase) • aerial photography, if deemed n~ 4.3 The Client shall review and approve the concept plan prior to the Consultant's commencement of preparation of the preliminary/final plat and lot line adjustment, 4.4 The Client shall pr~ure any required signatures for all applications submitted to Meridian City, and other agencies. 4.5 The Client shall pay all application, reviewandrecordingfees requiredtoprocesstheapplicationand construction plans as may be required by any reviewing agencies. SC22721289 • PROFESSIONAL SERVICES AGREEAAENT s EXHIBIT 2: COMPENSATION ENGINEERING COST Task Lump Sum Pmject Administration $500 Topographic Survey (parking area only} Grading and Drainage Plan Grading and Drainage Staking COnStrRCtiOn Prints Courier Servitor Pollution Prevention Play Total Fee = $750 $2,150 T&M $150 $50 TdtM $3,600 SC22721299 January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-X REQUEST Contract with McLeran Well Drilling, LLC for Well 14 Rehabilitation Work for a Cost Not to exceed $25,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aRached 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. • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 30th day of January , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and McLeran Well Drilling, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 5476 Sandhollow Rd. New Plymouth ID 83655 and whose Public Works Contractor License # is C16556. INTRODUCTION Whereas, the City has a need for services involving Well Abandonment Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A"and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor, provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a CREAMERY WELL ABANDONMENT - page 1 of 11 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and material basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a con-ect invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, CREAMERY WELL ABANDONMENT - page 2 of 11 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and sha11 expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) safe of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and CREAMERY WELL ABANDONMENT - page 3 of 11 ~ i specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreemen# any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. CREAMERY WELL ABANDONMENT - page 4 of 11 i ~ 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000.,000} per incident or occurrence and Professional Liability One Million Dollars ($1,000,000) per incident or occurrence. Contractor will also maintain Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. CREAMERY WELL ABANDONMENT - page 5 of 11 i • 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Mci_eran Well Drilling LLC Attn: David McLeran 5476 Sandhollow Rd. New Plymouth, ID 83655 Idaho Public Works License #: C16556 CREAMERY WELL ABANDONMENT - page 6 of 11 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. CREAMERY WELL ABANDONMENT - page 7 of 11 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to .be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, CREAMERY WELL ABANDONMENT - page 8 of 11 • oral of written, whether previous to the execution hereof or contemporaneous herewi#h. 22. Applicabie Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMM WEERD, MAYO Dated: ~' Z ~~ O MCLERAN WELL DRILLING, LLC ~~ ~ ~G~ BY: Dated:. 3 _ 2 °/ ~ C3 7 Council Aooroval on: ~ ~ ~D -' Attest: LLIAM G. BERG, JR~; Approved as to Content `\```~~`~~~ ~ ~ ter t rt~~+ r~~r i .,.~ . ~r r~~.:: iL5:.9 C K o~ ~.`~ ~~~rrr,runi in°~°°°°°~~ BY: KEIT , PUR HA G AGENT Dated: J? ` 2 ~'- ~~ Department Approval BY: ICI ~~ NAME: TITLE: Approved as to Form CITY ATTORNEY CREAMERY WELL ABANDONMENT - Dated: page 9 of 11 • ! Attachment A SCOPE OF WORK 1) Mobilization: a. Mobilization includes all travel to and from the well site during the project. b. Mobilization includes delivery/removal of the cable-tool rig and set up over the wells. c. Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc. d. Mobilization bid item includes casing scraping/brushing tools and installation of grout tremie. e. Mobilization included providing for water, grout mixing equipment, and electrical power. f. Mobilization includes all documentation and regulatory filings including review by the Hydrogeologist. 2) Pressure Grouting: a. Pressure grouting is payable on a per cubic yard of installed grout-basis regardless of the type of grout (bentonite slurry, bentonite granule, and/or cement grout) which includes all labor. 3) Excavation. Cutting, and Capping of Wells• a. Includes all excavation, cutting of casing, capping/identification of the grouted well and back-filling of the excavated casing. CREAMERY WELL ABANDONMENT - page 10 of 11 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall be per the table below with aNot-To-Exceed amount of $65,000.00 TASK DESCRIPTION QTY EA. AMOUNT A. Mobilization and Demobilization 1 21,000.00 B. Cable Tool Casing Scraping (four wells) 16 170.00 2,720.00 C. Cable Tool Wire Brushing (four wells) 16 170.00 2,720.00 D. Cable Tool Casing Pertoration (four wells} 20 170.00 3,400.00 E. Clearing of Water Column far Camera Surveys 4 480.00 1,920.00 F. Pressure Grouting of Well (four wells) 40 600.00 24,000.00 G. Excavation, Cutting, and Capping of Wells 4 750.00 3,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. CREAMERY WELL ABANDONMENT - page 11 of 11 • za~c~zv~r: JAN 1 ~l ~00~ City ®f lirleridiara City Clerk ®i~%ce Memo To: Will Berg; Tara Green Frorrc Kyle Radek, P.E., Staff Engineer ~~ ^~L- CC: File Date: January 14, 2008 Re: Proposed Agenda Item for January 22 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 22 City Council agenda, under Consent Agenda, for Council's consideration: Contract with McLeran Well Drilling LLC for Well 14 Rehabilitation Work The project includes: removal and reinstallation of pumping plant, Leaning casing and well screens, bailing, high pressure water jetting well screens, pumping of well screen intervals, installafion of a cement plug, and construction of a removable blank liner in the screen assembly. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with McLeran Well Drilling, LLC for Well 14 Rehabilitation Work for a cost not to exceed $25,000, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 ~,. ` ~`~~ts ~,, Ira ` ~ r ~~'~i~ ~ ~-~~~'t~ w~~ Win. #~.~1~, ~mr t~ ~'J~' ' Luc A ` , .~ - ass ~' _' ~,a~~~ ~~` ~ ' ^ :. ~ '~-''eB ~~~t. z 1 '6~ii3i e~he~ " ~.. f~ ~Aib' 7~r'~f F C1 P~f '1~~ :cs~lk~`~'Eft; '~st~~o;:. ~ ~'k~C+11;Ft"s ~.. 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' ~~~rd 1~r ~,g ~ic~rr dxf ~~ e4a ~r ~t~ d€i tom- ~ ': #i~s~~ ~u ~e~aiu y~~ q~~~r-~y~t ~~' ~~ir,~Y~tp~,~y ~_ r~ ~p ~~+1-.+~~ # ~~M11.`6t~ ~yCy~~[~~'+ya~~? . ~~,rt~n~p~. +W1~+, 4~°~W1NC''~'ZJn'~v4:YF4 _ C~!! !~_~_ ~ ~. l~~~F ~'r3~ Y4e181~~. S4! ~~~lm ~r _ ~~ -- - --- ° Abe ~ ~ ~~ ~~. . ~~ ~~. ~. ~~ ~ ~ tai. ~~ ~: ~ , ~- ~ _ ~~~ lb ~~~ 1~i~~~ ~Fi~ID 9~ F~9- ~Ct~el ~~ Vie` ~ ~ ~ ri~re~9tiic~ri it _ t~ c~"r~i~ti ~-~ ~ cif ~es~t ~~ taD " " to ic_~T_4 !s4 #~ti~ ~~t~~ ~d~[~F-~.?'i~'1'~`~5s5~t~ n, ~. g ~~~~1 ~' '~ yin ~.+ Y~~: ~_ ~~ ~~ ~ ~~~ ~~ ~: ~~ ~,. ~f t~~'* ~ €~at ~ ~a~ils~ r`id' ~-' ' ~t _ : . ~, ~ _ ~ ~~ 9~ ~. ''s~ 1~s c ar+n `~" ~ ~~r raw ~~~~.~ pc~~~c i _~ ~# ~m;~~~ ~ ~-~: rtes. .~_ =~ January 18, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT • January 22, 2008 ITEM NO. S-Y REQUEST Contract with Civil Survey Consultants for Design of Water and Sewer Improvements in Conjunction with ITD Road Project Franklin, Touchmark to Fivemile (No. STP-7403(100) for a cost not to exceed $20,380.00 AGENCY COMMENTS CITY CLERK: See affached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeiines shall become properly of the City of Meridian. ;' <- TASK ORDER NO. 0742 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 FRANKLIN ROAD (TOUCHMARK TO FIVE MILE) UTILITY IMPROVEMENTS 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 0742 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of new water and sewer improvements to be constructed in conjunction with Idaho Transportation Department Project No. STP-7403(100). The engineer proposes to provide. the following under this scope of services: A. Water System Improvements: 1. Adjust approximately one existing valve. 2. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 3. Extend 12" water main approximately 1800 LF to the city limits. 4. Provide service as requested to parcels not currently on city water. B. Sewer System Improvements: 1. Install a new 8"Q1 main across Franklin Road at a point determined by the city and future development. The crossing will allow the future development on the south side of Franklin Road to be served by future development on the north side of Franklin Road. We will send a letter to each property owner with ground adjacent to the project that is not currently served. by city services. The letter will advise them of the project, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them upon connection to the stub. The ~~ letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide us with a mailing list for all property owners within the project limits. We will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. Again, we will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. We will use easements granted to ITD or ACHD to the extent possible for the utility work. If a property owner requests payment for an easement we will forward that request to the City for approval. Should a property owner refuse to grant any easement we will design the service to end one foot short of the right-of-way line so that the service does not extend outside the roadway prism. Plans will be prepared once the City has provided our office with electronic files of the final design submittal to ITD. We request the City obtain permission from ITD to use the electronic files for utility design purposes. We also suggest that the City ask ITD to include utility service extensions in any easements obtained by ITD for the project. We will submit the plans to ITD, ACRD and QLPE for review and approval prior to construction. We will also mail a copy of the completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. We will provide the completed and recorded easement forms to the City prior to construction along with a written listing of any property owners that refused to grant an easement. Should a property owner refuse to grant an easement the service will end one foot short of the property line and a note placed on the plans restricting the contractors operation to public right-of-way only. We will prepare one set of plans and specifications for the City's use in bidding and constructing the project. We will also assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ITD. We propose to provide 40-scale plans on 22"x34" sheets to match ACHD's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 3 plan and profile sheets, and one city standard detail sheets. The total set is anticipated to include 11 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ITD Project No. STP-7403(100) ~, ~f COMPENSATION The Not-To-Exceed amount for this Task Order No. 0742 is Twenty Thousand Three Hundred Eighty dollars ($20,380.00). 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. Construction services are not covered under this Task Order. CITY OF MERIDIAN ~ ~ BY: TAMMY de EERD, MAYO \\``e``~1\ `~ ~ 11111 1111 / ~ ~~,`/'e''' ~ ~ '\` Attest: / I '' ~~ ~~i ~ ; i ~ ~-L ~~ ~' ~~ ~ ', ~.~.~~~~" ~I~~C.~.~.~'I~OIVY10.''1 ,, ,.. Approved by City Council: , .,,~ ,, ~r~~"~~ (Date) ENGINEER B• I OTHY A. BU S, VICE PRESIDENT • JAh~ ~ ~~ ,: ~, Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~/~ CC: File Date: January 14, 2008 Re: Proposed Agenda Item for January 22 City Council Meeting pity ~f i~eridiax~. pity Clerl~ L1cce The Public Works Department respectfully requests the following item be placid on the January 22 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Civil Survev Consultants for Design of Water and Sewer Improvements in Conunchon v~nth ITD Road Proiect Franklin Touchmark to Fivemile (No STP 7403(100 The probed involves design of water and sewer main to be constructed before or as part of the road construction project. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Civil Survey Consultants for Design of Water and Sewer Improvement in Conjunction with ITD Road Project Franklin, Touchmark to Fivemile (No. STP-7403(100) for a cost not to exceed $20,380, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. s Page 1 • TASK ORDER N0.0742 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 FRANKLIN ROAD {TOUCHMARK TO FIVE MILE) UTILITY IMPROVEMENTS 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 0742 -Design and Construction Per the Gity's request, the Engineer will provide professional engineering services related to the design of new water and sewer improvements to be constructed in conjunction with Idaho Transportation Department Project No. STP-7403(100). The engineer proposes to provide. the following under this scope of services: A. Water System Improvements: 1. Adjust approximately one existing valve. 2. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 3. Extend 12" water main approximately 1800 LF to the city limits. 4. Provide service as requested to parcels not currently on city water. B. Sewer System Improvements: 1. Install a new 8"PJ main across Franklin Road at a point determined by the city and future development. The crossing will allow the future development on the south side of Franklin Road to be served by future development on the north side of Franklin Road. We will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them upon connection to the stub. The • letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide us with a mailing list for all property owners within the project limits. We will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. Again, we will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. We will use easements granted to ITD or ACHD to the extent possible for the utility work. If a property owner requests payment for an easement we will forward that request to the City for approval. Should a property owner refuse to grant any easement we will design the service to end one foot short of the right-of-way line so that the service does not extend outside the roadway prism. Plans will be prepared once the City has provided our office with electronic files of the final design submittal to ITD. We request the City obtain permission from iTD to use the electronic files for utility design purposes. We also suggest that the City ask ITD to include utility service extensions in any easements obtained by ITD for the project. We will submit the plans to ITD, ACRD and QLPE for review and approval prior to construction. We will also mail a copy of the completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. We will provide the completed and recorded easement forms to the City prior to construction along with a written listing of any property owners that refused to grant an easement. Should a property owner refuse to grant an easement the service will end one foot short of the property line and a note placed on the plans restricting the contractors operation to public right-of--way only. We will prepare one set of plans and specifications for the City's use in bidding and constructing the project. We will also assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ITD. We propose to provide 40-scale plans on 22°x34" sheets to match ACHD's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 3 plan and profile sheets, and one city standard detail sheets. The total set is anticipated to include 11 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with ITD Project No. STP-7403(100) • COMPENSATION The Not-To-Exceed amount for this Task Order No. 0742 is Twenty Thousand Three Hundred Eighty dollars ($20,380.00). 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. Construction services are not covered under this Task Order. CITY OF MERIDIAN BY. TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by City Council: ENGINEER B• I OT Y A. BU S, VICE PRESIDENT (Date) • • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-Z REQUEST Task Order No. 5 with CH2M Hill relative to the continuation of Qual'fied Professional Engineer (QLPE) review Services in Lieu of Submittal of Drawings/specifications to the Idaho Department of Environmental Quality (IDEA) for Review with a not to exceed amount of $24,000.00 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 pubUc meetings shall become property of the CHy of Meridian. MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba January 11, 2008 MEMORANDUM R~C~gV~i't ~AI~ ~ ~ 200' t;it~r Ot l~l.es°id~ia~a City Clerl~ Cfi~.cc TO: Will Berg, City Clerk Tara Green, Deputy City Clerk Keith Watts, Purchasing Agent FROM: Bruce Freckleton, Development Services Manag RE: Proposed Consent Agenda Item for January 22, 2008 The Development Services Division of the Public Works Department respectfully requests the following item be placed on the January 22nd City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 5 with CH2M Hill relative to the continuation of Qual~ed Professional Engineer (QLPE) review services in lieu of submittal of drawings/saec~cations to the Idaho Department of Environmental Quality (IDEA) for review. This agreement is for the continuation of QLPE services for the review of development plans meeting the established QLPE criteria, in lieu of reviews being done through the Idaho Department of Environmental Quality. The services will be provided on a per sheet basis, with a not to exceed amount of $24,000. Recommended Council Action: The Public Works Department recommends that the City Council approve Task Order No. 4 with CH2M Hill for the continuation of QLPE services for a cost not to exceed $24,000, and authorize the Mayor to sign the agreement, and the City Clerk to attest. Thank you for your consideration. Please contact me if you have any questions regarding this item. Public Works Department .660 E. Watertower Street, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancitv.orq ~~ • CH2M HILL 322 East Front Street Sufte 200 `~ ~L~ ~: December 17, 2007 Mr. Len Grady, P.E. City of Meridian 660 East Watertower, Suite 200 Meridian, ID 83642 Subject: Proposal for Continuing QLPE Review of Development Projects Dear Mr. Grady: Boise, ID 83702-7359 Tel 208.345.5310 Fax 208.345.5315 Attached are two copies of Task Order Number 5 to the Master Agreement for Professional Services between the City of Meridian (City) and CH2M HILL. This task order covers our continuing services to provide QLPE reviews to the City for development projects. if this task order meets with your approval, please have the Mayor and City Clerk sign, and return one copy to us for our records. We have enjoyed working with you on these QLPE reviews and look forward to continuing to provide these services to the City. Sincerely, CH2 H J G. Lincoln, .E. Project Manager c: Bruce Freckleton, City of Meridian TO #5 COVER LETTER 12-17-07.DOC COPYRIGHT 2007 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL TASK ORDER NO. S UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CHZM HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachment A for the Scope and Fee for Task 5. All other terms and conditions of the original agreement will remain in full force and effect. IIV WITNESS WHEREOF, the parties. execute below: For CH2M HILL, Inc. dated this By: _ day of ~®. ~_ ..:~ ~ . ,~ , 2007. For City of Meridian dated this 2 Z = day of ~w~~ ~.. , 2008. Tammy de Weerd yor `````~~~~ ~ 111 ,''',~~~~~ Attest: ~ rF '~ illiam G. Berg, Jr. Ci lerl ~~ Approved By City Council: ~- 2 2 ~p ~=, ~' $`~ '~ ~,~, ~ ' O.~ r ~s't • ,~ .~ J ''' ''~~~llllf -I 11111~~~````\`` ~~ Attachment A 'bask Order #5 - Scope ~of Work Meridian QLPE Reviews SCOPE OF SERVICES CH2M HILL shall provide the services, as described below, related to providing the City of Meridian (City) continuing Qualified Licensed Professional Engineer ~(QLPE) review services in lieu of submittal of drawings/specifications to the Idaho Department of Environmental Quality (IDEQ) for review. This Task Order/Scope of Work provides for engineering services for reviews of water and sewer drawings/specifications for compliance with IDEQ rules and City of Meridian requirements. Specifics of the work aze noted below. Objective: Provide QLPE reviews of drawings/specifications of developments where the sanitary sewer and water services are extensions of the City's existing water and sanitary sewer system Activities: Engineering reviews of water, sanitary sewer, storm drainage, and pressure imgauon systems to determine compliance with IDEQ rules and City requirements. Assumptions: The Citywill review drawings/specifications for compliance with IDEQ rules and City requirements prior to submittal to CH2M HILL for review. Only drawings/specifications meeting the City's quality standards for QLPE review wr71 be submmed to CH2iVI HILL. The Citywill provide four sets of drawings/specifications for review Following review, CH2M HILL w~l return three sets to the City and retain one set for our records. CH2M HILL will not provide reviews of whether the City's sanitary sewer systems have adequate capacityto handle the sewage flows from each development, nor reviews of whether the water system extensions can meet pressure demands. These determinations will Abe made by the City. Work Products: Three sets of drawings and technical specifications (if applicable) will be stamped as reviewed by an Idaho licensed professional engineer and as conforming to IDEQ rules and City requirements. A cover letter will be signed and stamped by an Idaho licensed professional engineer summarir~ the review, providing any specific review comments, and recommending release of sanitary restrictions, if appropriate. Meetings: CH2M HILL will attend one meeting per year with City staff and IDEQ personnel to review the pmgram and discuss any changes in IDEQ or City rules and requirements. Project Management CH21VI HILL's project manager will coordinate review activities of the project team. CH21VI HILL will prepare and submit invoices to the City on a monthly basis. TASK ORDER 1f5 QLPE REVIEWS-12-17-07.DOC 1 Project Budget The work described herein will be billed at $250.00 for each sheet of engineering drawings actually reviewed by CHZM HILL. Incidental reviews of cover sheets, standazd detail sheets, and standard City notes will not be included in the sheet count and will not be billed to the City. The $250.00 per sheet includes project management, normal expenses, and incidental items (including the yeazly meeting with the City and IDEQ noted above) which will not be billed separately to the.City. The $250.00 per sheet also includes the cost for any required subsequent reviews of drawings returned to the City as not meeting the IDEQ and/or City requirements. The rate of $250.00 per sheet applies to calendar year 2008 only. If the City requests reviews for subsequent years, the per sheet review rate for subsequent years maybe re-negotiated at that time with the City. If any additional engineering services are requested by the City (such as unusual review requirements not normally part of a QLPE review, engineering services not directly related to a particular project, or meetings aside from the yearly meeting with the City and 1DEQ) .these services will be billed on a time and materials basis at a raw labor multiplier of 3.10, plus direct expenses. If additional services are requested by the City, CH2M HILL will estimate the cost of these services and negotiate a budget for the cost of each service prior to commencement of work. The maximum budget amount under this Task Order shall be $24,000.00. This amount shall not be exceeded without prior authorization by the City. Time of Performance CH2M HILL will, under normal circumstances, perform the QLPE reviews within five working days of receipt of the drawings./specifications from the City. If unusual circumstances (such as very large developments or situations that require communications with the City or the design professional responsible for the drawings/specifications) preclude the completion of QLPE reviews within five working days, CH2M HILL will contact the City and negotiate a revised date for completion of reviews. TASK ORDER SS QLPE REVIEWS-12-17-07.DOC •, • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-A/4 REQUEST Memorandum of Agreement with International Association of Firefighters Local 4627 to replace Local 2311 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See aHached 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 sha81 become properly of the CHy of Meridian. MEMORANDUM O)1' AGREEMENT This Memorandum of Agreement is entered into thus day of January, 2008, between the City of Meridian ("City")and the International Association of Fire Fighters Loca14627 ("Local 4627'x. WHEREAS, historically the City has rexognized International Association of Fire Fighters Local 2311("Local 2311") as the exclusive bazgaining representative for the City's paid Fire Fighters pursuant to Title 44, Chapter 18, Idaho Code; and WHEREAS, IAFF Loca12311 also represents the paid Fire Fighters of the North Ada County Fire and Rescue District; and WHEREAS, the paid Fire Fighters of the City, with the agreement of Loca12311, have undertaken to form their own IAFF Local Union and, to that end, have recently been chartered as IAFF Local 4627; and ' WHEREAS, a majority•of the City's paid Fire Fighters have requested that the City recognize Loca14627 as the exclusive bargaining representative for the City's paid Fire Fighters pursuant to Title 44, Chapter 1'8, Idaho Code; and WHEREAS, both the City and Loca14627 wish to continue, in full force and effect, the current Collective Labor Agreement between the City and Local 2311, effective October 1, 2007 -September 30, 2010, covering the wages, rates of pay, working conditions and all other terms and conditions of employment of the City's paid Fire Firefighters; NOW, THEREFORE, the City and Local 4627 hereby agree as follows: 1. The City hereby recognizes Loca14627 as the exclusive bazgaining representative for the City's paid Fire Fighters pursuant to Title 44, Chapter 18, Idaho Code. 2. The current Collective Labor Agreement between the City and Loca12311, effective October 1, 2007 -September 30, ZO10, covering the wages, rates of pay, working conditions and all other terms and conditions of employment of the City's paid Fire Firefighters, shall remain in full force and effect, as is, provided that from henceforth Loca14627 shall replace Loca12311 as the bazgaining representative of the City's paid Fire Fighters for all purposes. ~~ William Allen, President I.A.F.F. Loca1462? Ron An arson, Fire C ief Meridian Fire Department ~~ ~ ~~ Date ~~ Date -1- n ~ ~ 22 -®S Tammy de eerd, or Date On behalf of the or and City Council ~~~ ~~ ~~ ~ ~ ~-~y-o~ ,,,,,,,, ~,,,,,, «,,,,,,,, f ATTEST: ` `~~~\~~ ~ ~~~' ~~~'.. ~~ William G. Berg, Jr., Ci Fe ~~~~ Da 9~i '~~O ~'TtST•1 ~~~`. APPROVED: i~~~~~~un n~nti~~~`~ Mike Bis~Igno, P~idefit iAFF Loca12311 -2- . ~ ~. ~ g~ ADDENDUM TO THE CITY OF MERIDIAN /MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT WHEREAS, City of Meridian (the "City") and Meridian Rural Fire Protection District (the "District") own, separately and jointly, certain parcels of real property, and improvements appurtenant thereto, and items of personal property, all of which are held, operated, used and maintained in the operation of the fire department under and in accordance with that certain agreement entitled "CITY OF MERIDIAN /MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Joint Powers Agreement") between the City and the District; and. WHEREAS, the City is "responsible for maintaining .., insurance ... to maintain department functioning at a level to provide the `Fire and Life Protection Services' required of it by this Agreement", pursuant to the Joint Powers Agreement, specifically at Section 16.1 thereto; and WHEREAS, the City and the District desire to clarify and confirm the City's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specifically to secure and provide applicable and appropriate insurance to insure against loss, fire, casualty, liability and as otherwise appropriate, all the parcels of real property, together with improvements appurtenant thereto, and all items of personal property held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the District,; and WHEREAS, the purpose of this Addendum is to memorialize the clarification and confirmation of the City's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specifically to secure and provide applicable and appropriate insurance to insure against loss, fire, casualty, liability and as otherwise appropriate, all the parcels of real property, together with improvements appurtenant thereto, and all items of personal properly held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the District. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby clarify, confirm, acknowledge and agree as follows. 1. The City owns, separately and independent of the District, certain property; real, personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. 2. The District owns, separately and independent of the City, certain property; real, personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. ADDENDUM TO JOINT EXERCISE OF POWER AGREEMENT, Page - 1 - .~ • • 3. The City and the District own, jointly, certain property; real, personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. 4. The City shall, pursuant to its contractual obligations under the Joint Powers Agreement, secure a policy or policies of insurance to provide, at is sole cost and expense, applicable and appropriate insurance to insure all property; real, personal and mixed; held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether: (a) such property be owned separately by the City; (b) such property be owned separately by the District; or (c) such property be jointly owned by the City and District; against loss, fire, casualty, liability and as otherwise appropriate to protect the insurable interest of the City and the District, respectively. 5. All terms, provisions, covenants and agreements set forth in the Joint Powers Agreement shall remain and be the same, except for the clarifications, confirmations, acknowledgments and agreements made by the terms and provisions of this addendum and such other duly executed addenda, amendments and modifications heretofore and hereafter made to said Joint Powers Agreement by and between the parties. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this // day of ~e ~,F,~,, 2p®~! City of Meridian By: ~,~9019111111BpBB :L ~ •~ Attest: ` By: Clerk ®~,~®Mayax - ,~ ~~ ~ ~ Cam, c~[~ l=?~Z-d PJ e.~ '°°- ;~,~ L: .. -_ -_ - .... -...-._ _.. _ ._.j _ ~ ~ 17~ ,~9 '1> s 'O~r,O~ ~I~~ex1~~~~`~ural Fire Protection District 's~pl/1n111~~~`~`°~ 1 By: - Chairman By Council Resolution No.: By Resolution No.: C% ~' - f!~ l ADDENDUM TO JOINT EXERCISE OF POWER AGREEMENT, Page - 2 - • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-BB REQUEST Addendum to the City of Meridian /Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Matertals presented at public meetings shall become property of the Ctty of Meridian. O ~.I i ADDENDUM TO THE CITY OF MERIDIAN /MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGITING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT WHEREAS, Gity of Meridian (the "Cit}~~ and lyleridian Rural Fire Protection District (the "District") own, separately and jointly, certain parcels of real property, and improvemec~ts appurtenant thereto, and items of personnal property, all of which are held, operated, used and .maintained in the operation of the fire departr-Went tinder and in accordance with that certain agreement entitled "CITY OF MERIDIAN /MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Joint Powers Agreement"} between the City and the District; and WHEREAS, the City is "responsible for maintaining ... insurance ... to maintain department functioning at a level to provide the `Fire and Life Protection Services' required of it by this Agreement", pursuant to the joint Powers Agreement, specifically at Sectioa 16.1 thereto; acid WHEREAS, the City and the Dist-rict desire to clarify and confirm the City's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specif tally to secure and provide applicable and appropriate insurance to insure against loss, f re, casualty, liabi-lity and as otherwise appropriate, all the parcels of real property, together with improvements appurtenant thereto, and all items of personal property held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the District,; and • WHEREAS, the purpose of this Addendum is to memorialize the clarification and confirmation of the City's contractual obligations, under the Joint Powers Agreement, to secure and provide insurance, and specifically to secure and provide applicable and appropriate insurance to insure against loss, fire, casualty, liability and as otherwise appropriate, all the parcels of real property, together with improvements appurtenant thereto, and all items of personal property held, operated, used and maintained in the operation of the fire deparhnent under and in accordance with the Joint Powers Agreement, whether owned separately by the City, separately by the District or jointly by the City and the District. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City aed the District hereby clarify, confirm, acknowledge and agree as follows. . 1. The City owns, separately and independent of the District, certain property; real, personal and mixed; which property is held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement. 2. The District owns, separately and independent of the City, certain property; real, personal and mixed; which property is held, operated, used agd maintained in the operation of the fire department under and in accordance with tl-e Joint Powers Agreement. ADDENDUM TO IO~INT EXERCISE OF POWER AGREE1ViENT, Page - I - ' ~r 3. The Citiy and the District own, jointly, certain property; real, personal and mixed; which property is held, operated, used and maintained ~ the operation of the fire department under and in accordance with the Joint Powers Agreement. 4. The City shall, pursuant to its contractual obligations ender the Joint Powers Agreement, secure a policy or policies of insurance to provide, at is sole cost and expense, applicable and appropriate insurance to insure all property; real, personal and mixed; held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement, whether: (a) such property be owned separately by the City; (b) such property be owned separately by the District; or (c) such property be jointly owned by the City and District; against loss, f re, casualty, livability and as otherwise appropriate to protect the u-surable interest of the City and the District, respectively. 5. All terms, provisions, covenants and agreements set forth in the Joint Power$ Agreement shall remain and be the same, except for the clarifications, confirmations, acicnowledgEnents and agreements made by the terms and provisions of this addendum and such other duly executed addenda, amendments and modifications heretofore and hereafter made to said Joint Powers Agreement by and between the parties. IN W TTNESS VI~HEREOF, the parties have herein executed this addendum. DATED AND SIGNED this. f/ day of ~ , 200 City of Meridian Attest: ~~ BY~ ~ /a Gity Clerk By Council Resolution No.: sy ~~ .~ Mural Fire Protection District ~~;lane ~sa~~~`'~~ .. By' ~ / Chairman Resolution No.: d ~' - Q-~6 / sy: ``,`~~~~~u a r+rrrrrrr~,~~Mayo~ _ ~~ by ~ ~~d ~~ ~j G'ewwc.,(~ l ?~2-08 ~~....:..~..a ~~ ~3 ^ 4 ~•CN ADDENDUM TO JO1NT EXERCISE OF POWER AGREEMENT, Page - 2 - i~ . • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-CC REQUEST Budget Amendment for New City Hall Construction Costs Carryforward for $3,314,021.00 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. ~~ ~ ~ .'O v fn i ~' m~ z ~m ~o 00 1~ 2 ~ <c C ""~ ~m ~m ~ C vm 30 O n 4 T ~ `~t~ ?~ W 3 ~ ~ i! Q° ~ ~ ~ a ~ V ~ '" 5 0 6 .~i ~1~ 'f~ k O O . ~`~` 44 ~ ~, m ~ -m F~. m l ~,, ~ ~ ~. „~ ~ m m m Z m O • r °. '71 C 7 d 7 c W ~~ o -OQ 7 Q a ~ W N ~ A W m ~ ~ 7 K o 0 o m ~ z a ~ c 3 ~ m X ' n y ~ ~C a ~i = N ~ ~ c C C ~' D. W N 3 n~ m ~ < W 7. ~ to C1 ~ a v m c d ~ ~ 7 N ~ C tD d N 'moo O V ~. ,d-. N O o a W ~ O W 0 o y o z z A N AN W NN N A N A A A O A ~ A p ~ ~ ~ .. ~ ~ 3 c ~ T ~ ~ ~ ~ A ~ 3 0~ S ~ ~ ~ n m m T ~' ~ ~ a' m x ~ 2 a c W m rn to t» to ~pO ~~ C o M o=zo ~{~'z ~~m~ ~ D r ~ Z ~ .Z7 m O N y N N S ~ W C c 7 C. ~ N m a .cy. O m 7 (~ n i11 C d d O 7 p~ ~ ~ jT~ d N C O ~ r O ~m ~ ~ F Q d N O C C ,~. O _. 7 7 m~v~ ~ "~ 3 ~m mo c ~2 3 n 0 x 1 n ~mSS~'c~i3'~~ ~~ ~ m C ~ ~ m.o' pNp ~a m m ~ E C) ~.C m W /~j'0 fD ~ y O 07 Q d m ~ ~ N IC G m ~ ~n~ ~ ., C N s,o a~Xa W$' ~' C m '_ ~' ~ v_ ~ c ~' Q ~ .. ~ ~ O d d ~ 3m>>m m ~ o a ~ a~~ A p, ~ ~ ' ~ N O a N h p m O m G ~' tail m O ~ tS~C a o Q O O N~~ C N ~ O ~ N ~~ w ~ m~ m o ~ m ~ ~yv o g m y~ ~ m V~ ~ ~$~~ U~c m ~d3 o- ~'~~~° co •o ~ ~ E~ a~i m L t'i ~ ~ n ~ ~. ~~sZ~o~Wa pvV L $mo > ~ ~ C~ 3 0~~~° 8 m ~ g N p °~ m o ~ ~~ ~ m~ c 5 N~ ~ ul o ~Q-~~ ~ ~U~ o mY's m •° ~ p ~ O ~` ~ O o _~ ~ ~ C a S ~ di ~ ° 7 7 +•+ ~ O 'C _~~ ~~~ ~ ~ mL O~N ~~m`o~ ~ `~~ E >a c ~3w 0~'~5~~•s~ ap aE ~ 3a m ~ a m 8 ~ $ v, .. 'E3 E ~ ~~~8~~~ e~~m ~ ,~ no~~ ~ ~a~~°.~ ct~p+.9t ~ ~Cw$E~ ~ m C~~~ lL C C C N~ h' lQ m C ~ ~ M Z s ~ ~~a~ ~ wcwio ,~ 3 a Z ~ i O Z : . a ~W, O ~ a D o m a ~ ~ ~ ~ ~ ° c 8 s e IY ~ o LL m o ~ ~ ~ ~ ~ L' ~ ~ y F ~ 3 6' ~ ~ "~a 3 w ~ z z '$ ~U p $ v op ~+J a N a ap M a O `~ QQ~ :i ~Ny b ` ~ pgN ~F ~ g . ~ 6 O I~ I~ 0 d m ~ 33~ O m oD c f/y c ~~~~~~ oQQ~ ~aaw~~ ~,Q.~U~E m U ~ ~$o'§ ~~~~Y ~~~~v 'O ~a~~. ~~~~~ ~~ yQ~~Q a~ ~ ~~g~ ~ ~~ W ~C ~ LL m m U U O c a O o~ Q W m W g O Z gW F Q Z 0 ~~ N U W ~O LL~ U ~ ~a o~ o~ °z d ~~ w C7 mj ~m ^L J a~ U~ p~ W Y Z W to U ~' FY08 Fund Balance Projection Fund 60 Fund 62 Enterprise Latecomers Total Beginning Fund Balance @ 9/31/06 $ 41,134,080.00 $ 6,164,439.00 $ 47,298,519.00 Fiscal Year 2007 Revenue -actuals Fiscal Year 2007 Expenses -actuals Net Fund Balance @ 9/31/07 $ 29,500,907.00 $ 7,404,892.00 $ 36,905,799.00 Projected Remaining Expenses-carryforward $ 23,591,424.79 $ - $ 23,591,424.79 Net Fund Balance $ 5,909,482.21 $ 7,404,892.00 $ 13,314,374.21 Fiscal Year 2008 Projected Revenue $ 18,276,725.00 $ 600,000.00 $ 18,876,725.00 Fiscal Year 2008 Projected Expenses $ 22,309,097.84 $ 600,000.00 $ 22,909,097.84 Net Projected Fund Balance $ 1,877,109.37 $ 7,404,892.00 $ 9,282,001.37 FY2008 Amendments Stormwater Program "approved" $ 75,000.00 $ 75,000.00 Black Cat Water Main $ 800,000.00 $ 800,000.00 Shepherd Creek "approved" $ 519,989.00 $ 519,989.00 Linder 109 "approved" $ 312,041.00 $ 312,041.00 Latecomers "approved" $ 2,867,970.00 $ 2,867,970.00 $ 875,000.00 $ 3,700,000.00 $ 4,575,000.00 Net Fund Balance after Amendments $ 1,002,109.37 $ 3,704,892.00 $ 4,707,001.37 three to four months of Operand Person Exp. $ 3,500,000.00 $ 3,500,000.00 Net Fund Balance after retention $ (2,497,890.63) $ 3,704,892.00 $ 1,207,001.37 F:\Monthly Reports\Fund Balance Reports.xls • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-EE REQUEST Budget Amendment for New City Hall Clock for $24,000.00 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 Cfly of Meridian. v y M d T 7 °c n ~ ~ (~ 3 \v ® v °~ ~ m / ~ ` 4 ~ ~ n ~ ~ 11a®ooei, /~ /, i~ ~~ ~ ~ i~ E ~ _ ~i m m z g m 0 o ~ o d 0 o D ~ ~ ~ ;~ -i D O -{ n N O to ~ p ~ ~ ~ ~ 's o ~ ~ ~ m Zd A o. A 1 0~ ~^ O z C p m 1zp' "'~ ~ m y O, d y (7 ~ ~ .. c ~ ~ x n 01 m 2 ~ 7 c~ 0 0 ~ + ~ m X m ~_ ~ a A p A A C O Q p o° o o~ S w ~ A O O v x W ~ _ ~ p ~o ~.~ m O 7 ~ o ~ m a c41 M 3 N a F W mm °~ m A O ~. ~ O m ~ o ~ x ~ ~ M T ~ C a m ~ ~ ~ n ~~~~_ f ~ a ~ ~ m~ ~ ~~W~ ~ N ~~ V e O y m O O m O O o°~ m N a a .~ d o ~ 0 0 s ~ O O O ~ .a ~ a ~ ~ y NI d 3 s m N ~c a C 0 N '~ ~~ c~ m 7 a v n ~m D ~ W 0 ~~ m ~a m °a O .~ Fyo y ~ Z z ~ O N N O W ~ ~ Kf O a .A.a p Wp A ~ N O .Aa W ~ .Ai N O 7 W (7 f/bi21 .. .OOi ~ 3 o m ~ ~ ~ = o g ~ ~ p ~ ~ ~ j ~ m ~ ~i ~ _~ m ~ Z 3 gg n~ 5 ~ ~' ~ m °. ~ m 2. ~ c~ _ m ~ i ~ ~ ~ ~ y 3 ~ o~ c O . . ~ Zo ~{CO usi~m~ D_ 2 y ~ ~'o-N N O m C m ~~70 °~8 o~ m N •n° C. °o ~S rn m ~~ ~ ~ m ~~ da N .~ ~ C m ''z ~°'~ O N (7 O O O _ d o D m o 1 ~ ~ n~ c m, o °~ ~N ~ A O O ~ O ~o~ ~~o ~m ~ ~y m z m Z O ~m~~~oB a n o ~ o ~ ~~ ?~'w SnZ~~ a m W t~j+ O ~ ,~f,. ~ ~ m c ~_~~ ~~ m~m~$moo~i~~' s ~CO! 7 Nm C ~ y 3o a~~a ~~g ~n w m 3 ~_ _ ~' ~~ m ~ o am ~0~~~`oF.y-., a~~mQ.~Z ~nad~~m~N Q;~om~a$. a c ~~~m~ ~~~~ s O a b a m 0 ~m N a m .O. H ~' H January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-FF REQUEST Budget Amendment for New City Hall Construction Costs Carryforward for $4,500,000.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: COMMENTS See attached Phone: Rican unncn~. Materials presented at public meetings sha0 become properly of the City of Meridian. v n y mZ c ~ ~ ~ ~ ~ ~ ~ 3 Z --I ~ ~ ~ , m ~ = <C ~~ D D a m m ~~ ~ v_ ~~ m m 3~ ~ ~ O 0 N ~ , ~1~~~L vv ~~~'~~S ° O m ~~v ~ T~®` y~ °~' ~ <;. ~ ~<s ° ~L ~n' ~i O ~ ,~~ ~ p "y L ~ ~ 1`.?r. ~ ~s Z 3 m m m m z 0 m O ~.C~ ~~ ` ~ ~e _,,'~~ .' ~. ~ - i ,'; ~j iY ~~} a • ~ a ~, ~ c ~~ yy~ N ~ ~n °: o b ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ p ~ ~ a ~ ~ y O -i c ~ ~ a ~ e m ~ A U1 $ a me o q y w M A }fA++ 0 8 b a g w ~ ~ T ~ ~ j m °- a ~ ~' ~' ~ ~i o ~° ~ Yn ~ ~a~. o ~~W o ~ n o- ~ $ c ~~~ a __~~ c m °~ m ~~~ O ~ T1 n o o n ~. a d ~ m 0 ° o ~r O ~ m x ~ n c m a ~' a C d N a~ ~~ d a d ~. v ~ m v° ~ ~d ~~ ..~ d a 0 -~ o D F 9 y 0 z z p N N A N W A NNN N p A Npp -pp~ ~ N A A - c N A » , N ~ O 0 ~ ~ ~ c ~ w rm- c f m 3 g o v ~ -nc ~2-F g m g m ~ m Qo i ~ ~ y ~ ~ ~ ~° Q ih f0 N 3 ~ m T 1 ~ 5 ~ ~ ~ o ~ a g Q x ~ ~ ~ ~ ~ O o ~'ti ZO 2 O ~~co come tsi>~mz D Z~A ~~c~ m O . _ ~ m °, `~~3 m mo g Z ~rn Z ~m~'~3~~ ~~~~D~~ ~3~~~~ ~~~~af~ ~ ~~m ~~~ O ~ C y 8 w ~ C ~ H ~~~~~ ~~a ~~W~oa~ ~o~~c F_ a _sm Q~Z ~d~~~g~' ~~~~~~ g~°~~ o~~~n ~~ ~y ti H 3 a a e° c m~ N n e January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 200$ APPLICANT ITEM NO. S-GG REQUEST Budget Amendment for Public Works for Latecomers Expense for $3,700,000.00 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 pubOc meetings shall become property of the City of Meridian. i • ~~ ~ nmn x0 ~ M ~~ ' ~ ~ m ~ ~ t , ~ " "~ ~ 3 ~~ ~ ~ fn ~ 4 ~~ 0 Z ~ ~ ~~ ~ -r _.1411 ii::It, .. V :~```\`` ~ ,'''tee M Q = 6 e ;, ~ ~,. ~r~P- ~`` "'lrfltiillt~~` ,~ ~ ~~~ni~Z~ o @ Z ~ S `~ d ~ -~ ~~'~ ~~ ~ t .~ a ~ ~ ~ ~~~ N ~ ~' ~ ~ m 1 `R"t-11 lufurr, ZJ ~p ~ ~ G. '~ o~ ~i ? ' i %. ~ y .r ~ '., ~ O ~ .~ ~ ~~~ ~ ~. d ~~ s i ~< <~ ~~ . ~ ~ .~ ~~, E ~~~:s ~~ ~ . ~ ~~ ~~ ~ t ~ r ~~ ~ . ~ ~ ~ ~ h. ~ .,~~~~ ; ~ r. E i i ~~. ~'~~~ ~~ .. i I ~~r" %-, ~~~~ ,,. ap Y a I :iii'""'~' .jk' , . ~ li ~~~- ~~~:~;.• 'I '~ t - ~~ I , ~ ' ' ~ t± II ~ ~ ' ~. ~ ~~' ''^M7. T.'~~~ „~.~ ~~~~ ~:','',~ ,: ' _ ~g~ ~~~ ~ ~ ~~~ ~~ ~~ ~~. ~~ ~~ ~~ ~~ ~~~ ~~~ alb ~I3 s¢ ,} 4 1a a ~~ ~~~ ~~.o~ +:: ~$ ~~ g~ S ~$ m . ~ ~~~ ~~ ~~ ~~_~~. ~~~ ~m - m ..q ~ .T $~ .:. ~~ i January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-HH REQUEST Cooperative Construction and Reimbursement Agreement with Venga Ventures, LLC for $71,683.45 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: V_ 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 aF public meetings shall become properly of the City of Meridian. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT Black Cat Sewer, Phase 4, Schedule C THIS AGREEMENT made this2Z+~day of ~-iq~yy,~,y , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Venga Ventures, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER own properties inside the corporate limits of the City of Meridian and desire to share the cost of building a sewer main that to be owned, operated, and maintained by CITY to serve DEVELOPERS' property, shown on Exhibit "A" and Exhibit ~8~,. WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal to construct the sewer main, subject to all conditions hereinafter provided by this.Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sewer main (hereinafter called "Project"), shown on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said sewer main. B. Construction of the Project. 1. CITY shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. CITY shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. CITY. shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 16 C. Solicitation of Bids. CITY shall solicit bids and publish requests for bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. CITY shall award the construction contract to the lowest qualified bidder pursuant to all applicable public bidding rules as required by Idaho law. CITY shall reserve the right to reject all bids and/or cancel this Agreement if CITY, in its sole discretion, determines that the successful bidder or bid amount is unacceptable for any reason. D. DEVELOPER and CITY Responsibility for Costs. Because the CITY will construct sewer main improvements, as shown on Exhibit `B", with the cooperation of the DEVELOPER, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. CITY shall fund 100% of the cost of the Project, estimated at $143,366.90, with reimbursement from the DEVELOPER in accordance with the provisions of this Agreement . E. Chance Orders to Construction Contract. CITY shall notify DEVELOPER before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1%) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed by DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall share the cost savings F. Reimbursement to CITY. 1. Estimated Total Reimbursement. Because CITY will construct the Project, DEVELOPER shall reimburse to CITY 50% of the actual construction cost, estimated at $71,683.45. 2. Method of Payment. DEVELOPER shall be responsible for payment in full at the time project is complete. 3. Reimbursement Payment. CITY shall provide proof of total cost of construction of the project to`DEVELOPER at time of reimbursement. G. No Assi ent. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. The agreement shall be tied to the Properties owned and proposed to develop by the DEVELOPER, as shown on exhibit C. H. Attorne Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 16 award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City~of Meridian 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Venga Ventures, LLP P.O. Box 5763 Ketchum, ID 83340 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. J. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. L. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. COOPERATIVE CONSTRUCTION AND REIIVIBURSEMENT AGREEMENT -Page 3 of 16 M. Definition of DEVELOPERS' Property. The term "DEVELOPERS' Property" in the Agreement shall mean the parcels shown on Exhibit "C" attached hereto. N. Bindin Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto. and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER Properties. O. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such~statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. P. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. - Q. Approval R aired. This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. COOPERATIVE CONSTRUCTION AND REnVIBURSEMENT AGREEMENT -Page 4 of 16 DEVELOPER: Venga Ventures, LLP M ~~~ ~1 ~{32~.A-~J Name (printed) Signature °1`7 A N ~ G 1 r~1 ~ +M,EC~B ~1~, Title Y,~nt Cy ~ y~,E ~ Tv~~„g 1 -- )6 _ cs Date STATE OF IDAHO ) ss County of Ada ) On this ~ ~ day of ~.~L'L~ ,2008, before me the undersigned, a Notary Public in and for said date, persona. appeared ~~ (~~ °~~~~~~;;, known or identified to me to ~be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A. ~ '•• ,.- .~• ' ;' ~ : Notary Public F r Idaho Residin ' ~~ r : Commission Expires: ~~_~ ~ ~~ ••.?~ OF 19,.• COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 16 CITY: TAMMY de ~EI/RD, MAYOR Date ~ ~ ~/ II,E~dEddddd Attest: ~~ ~ "~~j( ~~ / ,`~~~.,. ~ ',. (~~1~ Z ~~' G. BERG, STATE OF IDAHO ) ss County of Ada ) cC ~~ `t,~9 A4B w~ ~~ ~ E ~ ~~ ~i m ~~ ~~ C ~CL RK ~'~~=F~~,.~ r ~ P c i ~e~. ''//ldldlllllll+~ On this 2~~ ~`~ da of ~Y1UQ Y '`L-~ ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WII.LIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WI~REOF, I have hereunto set my hand and affixed. my official seal the day and year first above written. ~• ,~, g,Y ~'-, ••~ Notary Public For Idaho "~;~ F„4' ~' ~ p+• Residing at: I p ~~;,~ ~~ ~~ Commission Expires: lb-I l-1 1 ~~ •~ .~,, , •` -- '~•• • ~ p. ~. 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I .. . . ~~~~55++,,yy~~ ps I j I .. . . . .... . .. .... QQ6&6&l~ld EEE d I I ~ 11 1 •I• ~~b~S ~ ~#~ b 1 ~ ~ dl i .. .. :. :: E : .. :. l' : .. .. . . g o~~ 1 _ I ~ 1 I g $7~~~opS II 1 ~$i ~} i i R ~~ 11 ~~ 1 i b, .. .. .. .. .. ' ' :: :': I 1~ I ' ~F i d J - 5 Iy G j S .. .. ~ . . N 1 - ' } ® _ 11 L' .~:; . . .... . . ...: . . . . . . .. .... . . . . 1 t -~ --.. . . '•::.:: 1 ll .Li/6 aas oo•tsi ns arm to~.vrt ----- --- - " . 8 .. : ' ::: I x~ a~3s oo~t .vsc a~ql wtrn. ~ . _ .. • .. ' , ~ . - .-r W O h d0 Rt I O z O O O EXHIBIT "C" BLACK CAT SEWER, PHASE 4, SCHEDULE C Proiect Construction Cost $143,366.90 CITY Construction Costs $143;366.90 DEVELOPER Reimbursement to ~ 50% of CITY Construction Costs $71,683.45 COOPERATIVE CONSTRU CTION A~~D RBIN3U'RSEIULEl~T'I' AGREEMENT -page 16 of 16 ' Memo To: Will Berg; Tara Green From: Max Jensen, Title jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 1 /17/08 Re: Proposed Agenda Item for January 22, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 22, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Cooperative Construction and Reimbursement_Agreement by and between the Citv of Meridian and Venpa Ventures. LLC (Black Cat Trunk Sewer, Phase 4, Schedule C) Attached is a Reimbursement Agreement by and between the City of Meridian and Venga Ventures, LLC to share the cost of building a sewer main to be owned, operated, and maintained by the City to serve Venga Ventures, LLC property. The 10" sewer line is designed to be constructed in Stoddard Road starting near Bear Creek Park and continuing north, near Overland Road. Because City will construct the Project, Venga Ventures, LLC shall reimburse to City 50% of the actual construction cost, estimated at $71,683.45. Recommended Council Action: The Public Works Department recommends that City Council approves the Cooperative Construction and Reimbursement Agreement by and between the City of Meridian and Venga Ventures, LLC. Thank you for your consideration. Originals will be sent for signatures upon your consideration. Please contact me if you have any questions. • Page 1 COOPERATIVE CONSTRUCTION AND REIlViBURSEMENT AGREEMENT Black Cat Sewer. Phase 4, Schedule C THIS AGREEMENT made this day of , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Venga Ventures, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER own properties inside the corporate limits of the City of Meridian and desire to share the cost of building a sewer main that to be owned, operated, and maintained by CITY to serve DEVELOPERS' property, shown on Exhibit "A" and Exhibit ~B,~, WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal to construct the sewer main, subject to all conditions hereinafter provided by this. Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans.. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sewer main (hereinafter called "Project"}, shown on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said sewer main. B. Construction of the Project. 1. CITY shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. CITY shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. CITY shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. COOPERATIVE CONSTRUCTION AND REIIvIBURSEMENT AGREEMENT -Page 1 of 16 C. Solicitation of Bids. CITY shall solicit bids and publish requests for bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. CITY shall award the construction contract to the lowest qualified bidder pursuant to all applicable public bidding rules as required by Idaho law. CITY shall reserve the right to reject all bids and/or cancel this Agreement if CITY, in its sole discretion, deterniines that the successful bidder or bid amount is unacceptable for any reason. D. DEVELOPER and CITY Resyonsibility for Costs. Because the CITY will construct sewer main improvements, as shown on Exhibit `B", with the cooperation of the DEVELOPER, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. CITY shall fund 100% of the cost of the Project, estimated at $143,366.90. with reimbursement from the DEVELOPER in accordance with the provisions of this Agreement . E. Change Orders to Construction Contract. CITY shall notify DEVELOPER before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed by DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall share the cost savings F. Reimbursement to CITY. 1. Estimated Total Reimbursement. Because CITY will construct the Project, DEVELOPER shall reimburse to CITY 50% of the actual construction cost, estimated at $71,683.45. 2. Method of Pa +inent. DEVELOPER shall be responsible for payment in full at the time project is complete. 3. Reimbursement Pa, nit. CITY shall provide proof of total cost of construction of the proj ect to DEVELOPER at time of reimbursement. G. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. The agreement shall be tied to the Properties owned and proposed to develop by the DEVELOPER, as shown on exhibit C. H. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 2 of 16 award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City~of Meridian 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Venga Ventures, LLP P.O. Box 5763 Ketchum, ID 83340 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. J. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. K. Exhibits. All exhibits to this Agreement aze incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. L. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the patties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 3 of 16 M. Definition of DEVELOPERS' Properiy. The term "DEVELOPERS' Property' in the Agreement shall mean the parcels shown on Exhibit "C" attached hereto. N. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto- and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER Properties. - O. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. P. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Q. Approval Required. This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. COOPERATIVE CONSTRUCTION AND REIlViBURSEMENT AGREEMENT -Page 4 of 16 a ~~ DEVELOPER: Venga Ventures, LLP Name (printed) /~'~~ Signature Title v G~~t C~ A- ,r,E ~ szia~ j- ~ 6 -~ o s Date STATE OF IDAHO ) ss County of Ada ) n On this ~ ~ day of __ ~G~~%~~-- ,20y0~8, before me the undersigned, a Notary Public in and for said te, personal y appeared ~ "~~.. ~ ~~~~~~,,, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • •• --- t '~ ~ Notary Public F~pr Idaho ' ~ • Residing~at ' ~, ~~ • ~: : Commission Expires: ~- ~~_~ !''_. • • .9~ OF•1p.• COOPERATIVE CONSTRUCTION AND REIIvIBURSEMENT AGREEMENT -Page 5 of 16 CITY: BY: TAMMY de WEERD, MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO ) )~ County of Ada ) L~ On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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E-{ :: :: :: :" ~~ ~-- -. .. v~ :: ' ' :: :: ' 1~ ~ : : :M::: :.: :: p . ..... .. . . .... _ _ .. .... .' :E. t :::~:::: ._ .. :: :~.: .. .. ~ r .. .. .. .. .t_.: .1.. .. ~ ~ ~ . _ .. .. .. .. .t.. :... _. . .. . . .... .. ~ :i:: :--- :::: -- -- ::: ::. :1: .~.. .:: ~:: $ O • ~~~ `cC» BLACK CAT SEWER, PHASE 4, SCHEDULE C Proiect Constriction Cost $143,366.90 CITY Construction Costs $143;366.90 DEVELOPER Reimbursement to City (50% of CITY Construction Casts) $71,683.45 COOPERATIVE COI~zSTRUCTI01~ A~~J RFIl~UR,SS~I~~T A.GRF'E_N~Ni -PZ~e 15 of Ib January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-~ REQUEST Cooperative Construction and Reimbursement Agreement with James Prather Black Cat Trunk Sewer Phase 4, Schedule C for $71,683.45 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of the Cffy of Meridian. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT Black_Cat Sewer, Phase 4. Schedule C THIS AGREEMENT made this 2~~ day of ~~Nv~Ry , 2008, by and between the CTTY_OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and James Prather, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER own properties inside the corporate limits of the City of Meridian and desire to share the cost of building a sewer main that to be owned, operated, and maintained by CITY to serve DEVELOPERS' property, shown on Exhibit "A" and Exhibit ~8,,. WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal to construct the sewer main, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and.DEVELOPER hereby agree: A. Preparation of Plans. -CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sewer main (hereinafter called "Project"), shown on Exhibit "B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said sewer main. B. Construction of the Project. 1. CITY shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. CITY shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. CITY shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems: 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 1 of 16 C. Solicitation of Bids. CITY shall solicit bids and publish requests for bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. CITY shall award the construction contract to the lowest qualified bidder pursuant to all applicable public bidding rules as required by Idaho law. CITY shall reserve the right to reject all bids and/or cancel this Agreement if CITY, in its sole discretion, determines that the successful bidder or bid amount is unacceptable for any reason. D. DEVELOPER and CITY Responsibility for Costs. Because the CITY will construct sewer main improvements, as shown on Exhibit `B", with the cooperation of the DEVELOPER, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. CITY shall fund 100% of the cost of the Project, estimated at $143.366.90, with reimbursement from the DEVELOPER in accordance with the provisions of this Agreement . E. Chance Orders to Construction Contract. CITY shall notify DEVELOPER before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1%) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed by DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall share the cost savings F. Reimbursement to CITY. 1. Estimated Total Reimbursement. Because CITY will construct the Project, DEVELOPER shall reimburse to CITY 50% of the actual construction cost, estimated at $71,683.45. 2. Method of Payment. DEVELOPER shall be responsible for payment in full at the time project is complete. 3. Reimbursement Pa ent. CITY shall provide proof of total cost of construction of the project to DEVELOPER at time of reimbursement. G. No Assi ent. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. The agreement shall be tied to the Properties owned and proposed to develop by the DEVELOPER, as shown on exhibit C. H. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 2 of 16 award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: James Prather P.O. Box 1087 Meridian, ID 83642 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. J. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. L. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. COOPERATIVE CONSTRUCTION AND REIMBUR SEMEN'T AGREEMENT -Page 3 of 16 M. Definition of DEVELOPERS' Property. The term "DEVELOPERS' Property" in the Agreement shall mean the parcels shown on Exhibit "C" attached hereto. N. Bindin Effect. .This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER Properties. O. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. P. Construction and Severabilitv. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Q. ,A~proval Required. This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 16 DEVELOPER: James Prather r-- n / / Name (printed) ~%w~~ Title ~rf~-~~. Date STATE OF IDAHO ) ss County of Ada ) On this day of ~I ~LGC~~ ,200 before me a undersigned, a Notary Public in and for said State, person ly appeare ~ • ~~ ,known or identified to me to be the~person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. © ~~ o~~-~~ ~• e m~ ~ o O~ a 4l f9` ~"_ o a ~O P a ©~~'°Y~eB~ o° n~, G Residing at: ~ Commission Expires: ~~ - COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 5 of 16 CITY: BY: Attest: ,'°" a . ~p TAMMY de ~ ~~F~RD, MAYOR ,,,-------tp~.te ~~ .~_ ~ WILLIAM G. BERG, JR., STATE OF IDAHO ) ss County of Ada ) L.. `~ '~~ ~~'"J °>i ~' ~' ,° ,~ I~ ~~ or ~~orrrrrrei n-~-~~~~~`` -~~ On this 2.`Z~1O~ day of ~ 2008, before me the undersigned, a Notary Public in and for said State, personally a eared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~......~ .•'~~EN, ~'•. ~'~:~,4-g'~ ~'~, '• Notary Public or Idaho ~ ~ o r p , ®, Residing at: lr 1 O ~ I k ~~,~ ~~ x~ Commission Expires:~~-~ ( e ~ ,~ • ~~ ~~',_-- ''O j • ' COOPERATIVE CONSTRUCTION AND REIIvIBURSEMENT AGREEMENT -Page 6 of 16 EXHIBIT "A" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -page 7 of 16 i-, O ~]q~'] rV .W ,~~ ~ „~,.yK.,„,,,~. w ~ ~v av r r .i ~ Ivv11.J1 IQ1JIYl oEF1'stC'BC¢~id ~ L~ ~~ ON3`J3l ONY`lOL'.WOJ `S133HS ~O X30NI `dWW ALNtD1A -~ e~ bY60-60LE6 o4ePl 'e~!o9 ~ o ~~ ~ J~3Y.S 31W. ~ `~ ~ ~ _J t 40Z e7mS ~ v tl § mmm pig ~~ u.a. s . 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I I 1'C-gin- _ ' I ! . w 0 h b0 p-1 ! .~ [¢0 V ~, 0 U 0 0 i ^ ^ EXHIBIT "C" BLACK CAT SEWER, PHASE 4, SCHEDULE C Proiect Construction Cost $143,366.90 CITY Construction Costs $143,366.90 DEVELOPER Reimbursement to City~50% of CITY Construction Costs) $71,683.45 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT - Pale 16 of 16 C~ ~~ Memo Croy ~f l~d~cicic~aiY City C1Pr~ ~-sec. To: Will Berg; Tara Green From: Max Jensen, Title jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 1 /17/08 Re: Proposed Agenda Item for January 22, 2008 -City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 22, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Cooperative Construction and Reimbursement Agreement by and between the Citv of Meridian and James Prather (Black Cat Trunk Sewer. Phase 4, Schedule C) Attached is a Reimbursement Agreement by and befinreen the City of Meridian and James Prather to share the cost of building a sewer main to be owned, operated, and maintained by the City to serve James Prather property. The 10" sewer line is designed to be constructed in Stoddard Road starting near Bear Creek Park and continuing north, near Overland Road. Because City will construct the Project, James Prather shall reimburse to City 50% of the actual construction cost, estimated at $71,683.45. Recommended Council Action: The Public Works Department recommends that City Council approves the Cooperative Construction and Reimbursement Agreement by and between the City of Meridian and James Prather. Thank you for your consideration. Originals will be sent for signatures upon your consideration. Please contact me if you have any questions. • Page 1 • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 5-JJ REQUEST Cooperative Construction and Reimbursement Agreement Lill Station and Oversize Main for Bittercreek Meadows AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: G(,~ 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 pubOc meetings shall become properly of the City of Meridian. January 18, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT January 22, 2008 ITEM NO. 5-KK REQUEST Amended Agreement for Bittercreek Meadows AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~ CITY SEWER DEPT: CITY PARKS DEPT: ~ G 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 pub8c meetings shall become property of ffte CNy of Meridian. C~ January 18, 2008 • MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-LL REQUEST Approve Beer 8~ one License for Rojo Callente Restaurantes, Inc. dba Qdoba Mexican Grill #473 at 3068 East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. COMMENTS See attached • BEER and WINE LICENSE APPLICATION -INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant: Roio Caliente Restaurantes, Inc. Business Name: Qdoba Mexican Grill # 473 Location: 3068 E. Overland Rd., Meridian, Idaho 83642 License Type: [X ] Beer [X ] Wine ~ [ ]Liquor Application /File Fee: $100.00 .Beer and $100.00 Wine (1/2 aro-rated) Receipt No. 10363 Economic Development: Economic Development Approval: 1~j~ Signature Date Police Department: Police Chief Approval: ~~222. ~ i'~~.QO.~- Signature Date Fire Department: Fire Chief Approval: ~1.2Q.. ~'~~sAc.~ ~~~.~' Signature Date Pfanninra Department: Planning Director Approval: ~ ~~,p_~~{o ~" Signature Date Public Works Department: Public Works Director Approval: `~e.r .~~~` Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This is pending the Ada County License, our office will hold until. we receive that. THANK YOU - - ,~ - - -- -BEER and WINE LICENSE APPLICATION -INTERNAL APPROVAL CHECKLIST For Internal - OfFlce Use Only; ~ - Applicant: Roio Caliente Restaurantes. Inc. Business Name: Qdoba Mexican Grill # 473 Location: 3068 E. Overland Rd.. Meridian, Idaho 83642 License Type: [X ] Beer [X ] Wine [ ]liquor ' Application /File Fee: $100.0.0 Beer and 5100.00 Wine (1/2 pro-ratec8 Receipt.No. 10363 Economic Development: Ecxmomic Development Approval: Signature ~ Date Police Departrent:. . Police Chief Approval: Fir® Department: Fire Chief Approval; Signature ~ Date ---- -- ------Piannins~Department: ~ - ------------------ --------___---- Planning Director Approval: Signature Date . Public Works Department: - - Public Works Director ApprovaL• Signature Date PLEASE RETURN THIS SHEET ONLY with the-appropriate signature. This is ` - ~ pending the Ada County License, our office will hold until we receive that. THANK - -. - •-YOU ..~ - signature Date ~n 10 08.O1s23p p.i • . BEER and WINE LICENSE APPLICATION - INTERNAL APPROVAL CHECKLIST For Int®mail - OfifAce Use Only: Applicant: Roio Caliente Restaurantes. Inc. Business Name: Qdoba M®xican Grill # 473 Location: 30fi8 E. Overland Rd.. Meridian. I_c~~,o ~364z License Type: [X ] Beer [X ] Wine (]Liquor Application !File Fee: $900.00 Beer and 5900.001MIne 1112 4ro-ratadl Receipt No. 1 A363 Economic .Development: Economic Development Approval: Signature Date Police Department: Police Chief Approval; Signature Date Fire. Department: ~ Fire Chief A royal: pp Plannina Department: Planning pirector Approval: Signature pate Public Works Department: Public Works Director Approval; Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signatur®. Yhis is pending the Ada County License. our office will hold un#11 we recehre that. THANK YOU • ~ rage t or l Nancy Radford From: Len Grady Sent: Thursday, January 10, 200812:17 PM To: ~ Nancy Radford Subject: FW: Qdoba Mexican Grill #473 Beer Wine Application Attachments: Bruce 1=reckieton (freckleb@meridiancity.org).vcf Good to 90. Len From: Bruce Freckleton Sent: Thursday, January 10, 2008 10:25 AM To: Len Grady Subject: RE: Qdoba Mexican Grill #473 Beer Wine Application This project has received it's final Certificate of Occupancy, and therefore we have no issues that should hold up issuance of these licenses. Thanks ,~yE. ID~I goo . , Bruce Freckleton Development Services Manager Meridian Public Works Departrnent From: Len Grady Sent: Thursday, January 10, 2008 7:46 AM To: Bruce Freckleton Subject: FW: Qdoba Mexican Grit! #473 Beer Wine Application From: Nancy Radford Sent: Wednesday, January 09, 2008 2:49 PM To: Bob Stowe; Joe Silva; Len Grady; Anna Canning Cc: Will Berg; Tara Green Subject: Qdoba Mexican Grill #473 Beer Wine Application Please find the attached 13W Application for Qdoba's Mexican Grill #4'73. They are in the process of obtaining their Ada County License. This item is scheduled on the 1./22/08 City Council Agenda. Please sign the approval checklist and return to the City Clerks Office. 1/1012008 ~~PY o,~ C~~~rr'~tr~ ~ i ~Q' ~~j' ~,~,;~ APPLICATION FOR NEW BEER LICENSE APPLICATION YEAR 2007 MAxotz 'Cammy de Weerd Cl'1'Y CAVrrc1L MBMrltRR9 K@lth laird lossph W. Barron Charles M. ~t®untr~ Shaun Wardle Cn~r Dgrnxrhtetwrs City Attorney/HR 703 Main Street 898-550b (City Attorney) 898-5503 (Iditj Fax 884-8723 Fire 540 E. Franklin Road 888-1234 !fax 895-0390 Parks & Recreation I 1 W: Sower Street 888-3579/fax 898-5501 1'lan,ning 650 E. Watertower Lane Suite 202 $84-5833 /fax 888-6844 Police 1401 E. Watertower Lane 888-66781fax 846-736b Public Works 6b0 E. Watertower Lane Suite 200 898-5500 /fax 895-9551 - Building 660 E. Watertower Lane Suite 1.50 887-2211 /fax $$7-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 88&5242 /fax 8841159 Application is hereby made for a license as a Retailer RetallerarPaalmAa VendorOrdy Of beer artd fee in the sum of $ 2 0 0 , o o is enclosed. Rojo Caliente Restaurantes, Inc., DBA: Name of Business Qdoba Mexican Grill 5.055 Avenida Encnas ~l200 Address ra,r~,,s_bad~,. ~.A. .~.~o_o.s-Phone 760-476-3411 Type Of Business Fast-Casual Mexican Restaurant Qns~ Corporation, Indh-ldtral, Partnership, etc.) Ro'o Caliente Rest urantes, Inc. Name Of Applicarrt Aram M Gnn2w ~ p~ ~[)O Address 5055 Avenida Encinas phone 760-476-3411 , 08_ 306$ E. Ov rbland Address of Premises Meridan, Ida o 8~ 42 ~ .Ada street Address ~Y ~~!- (2) Premises ate (check one: Owned Orvnt>-d or Mortgaged Amount of loan secured by mortgage:$ x leat3ed rented Owner Of building IS >3ladow Properties, LLC Name and Address Person holding mortgage on premises is KimbailProperties, Limi;:ted Partnership N8ltreersdAddress p.0. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $ 2 0 6 , o o end are (ChedC One: X Owned Held on t:ontlitlonal Sales CoMreot Leased or Rented If factures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address CITY HALL 33 FAST IDAHO AvENUE MERIDIAN, IDAHO 53642 (208) 858-4433 Cr1Y CLERK - FAX 888-4218 FINANCE & 1r17LIlY HILLtNG - FAX ~7-4813 MAYOIYS OFFICB- FAX 864~SI19 Printed ai ~ecyded paper If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: February 17, 2004 Nevada InCorp Services, Inc. 5481 Rendall Street Registered Office:_ Boise, ID 83706 Adam M. Gonzales, COO Name of Manager of Corporation: In State Manager : Betsy slack • Manager of Corporation became a resident of Idaho on: N/A In State Manager is a resident of Idaho Names of all officers and Boani of Directors of Corporation: Michael O. Bladow, Adam M. Gonzales, Oliver H. Martin If wholesaler, address where records are kept: (6 or more residents of Meridian required): 3. ~- STATEMENT AND OATiH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY 1, Adam M. Gonzales being first duly sworn on my oath and say: That I reside at 4887 Foxcreek Trail ; that I became a bona fide resident of eno, _ 8e~ Ucertse AppQCaUtm Page 2 at 4 ~~ Idaho on NSA : that I am connected with the above named applicant as x Owner Partner Mana er of Co g rporation That 1 now hold United States Internal Revenue Retail Liquor or Wine Dealers Stamp none No. or Malt Dealer's Stamp No. (ff none, write °none°) That the following is a statement of the occasions within the past thn3e years upon which t have been convected of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxecating liquor, or have within the past three years forfeited or suffered the forfeeture of a bond for my appearance to answer charges of any such violation: (ff none, write °none) Date of Arrest Place of Arrest Charge Disposition nja none That the following is a statement of the occasions upon which I have been oonvided of any felony within the past five years or have paid any tens or completed any sentence of confinement therefore within the past five years: (ff none, write °none°) Dat® of Arrest Place of Arrest Charge Disposition n/a none That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (ff none, write °none°) Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation none Beer l,tcensa ApPgcaBo~ Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number 8 place) yes, citizen of the United States (tf wholesaler, cross out the following line) That I am not an official, agent or ployee of any distillery, winery, brewery, of wholesaler or jobber of liquor o ~ beverage of Applicant STATE OF~ ) ss: County of WasAeR. ) t HEREBY CERTIFY that on this _ day of Ne-i g .?~b't , before the dersigned, a Notary Public in the State ofd~~ rsonally appeared cer~ known to me to be the per.~?i'i~executed the said instrument, and acknowledged to me that he /she executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand a afftx~l my official seal, the day and year in this certificate first above writtten. ( ~ ~ Notary ubiic forte lard a St~~~t~+acs Residing at _,-tTJe~d4, ~~~ ~~~~ My Commission Expires: Z Zo ~g CST. (~: oas~taa,~ False statements in this application constltutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 1 S. Chapter 54, Idaho Code). Beer Ucer~se Apptigtiotl Page 4 of 4 i i f .: ,~ Y 41TY Of ~erl~r~,n ~. Il tDAliO APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR 2007 MAC olt Tammy de Weerd C1TY COUNCFL IVIEMBGRS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle GTY D>rPAlrYtvleNTs City Attomey/HR 703 Main Street 898-5506 (City Attorney) 89&5503 (H1R) Fax884-8723 Fire 540 E. Franklin Road 888-]234 /fax 895-0390 Parks & Recreation Il W. Bower Street 888-3579 /fax 898-550] Planning 660 E. Watertower Lane Suite 202 884.5533 !fax 888-6844 Police I401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower lane Suite 200 898-5500 !fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887 2211 /fax 887-1297 - Wastewater 3401 N. Ten Mite Road 888-291 / fax 854.-0794 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 (1 (2) Application is hereby made for a license as a Retailer Retailer Only Of Wine and fee in the sum of $ 200.00 6s enclosed. (Retailer •$200.00) Rojo Caliente Restaurantes, Inc., DBA: Name of Business Qdoba Mexican Grill 5055 Avenida Encinas #200 Address_Carlsbad. CA 92008 Phone 760-476-3411 Fast-Casual Mexican Restaurant Type of Business Rojo Caliente Restaurantes, Inc. (insert: Corporat[an, Individual, Partnership, etc.) Name of Applicant Adam M. Gonzales, COO 5055 Avenida Encinas #200 Address Carlsbad, cggA 92008 phol1n~~eaa 760-476-3411 Merid~anOv~Dlan~3642 Ada Address of Premises Street Address City County Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ :,,,x,leased rented Bladow Properties, LLC Owner of building is 5055 Avenida Encinas #200 Carlsbad, CA Name and Address 0 8 Person holding mortgage on premises is Kimball Properties Limited Partnershi Name and Address p.0. Box 8204 Boise, ID 83707 Fixtures in the premises are of the value of $ 2 0 6 , 0 0 end are (check one): X Owned Held on Conditional Sales Contract Leased or Rented !f fixtures are held on Conditional Sales Contract or are leased or rented, ` the owner is: Name and Address CITY HALL 33 EAST IDAHO AVENUE IVILRIDIAN, IDAIiO 53642 (208) 858-4433 CITY CLERK -FAX 888.4218 FINANCE do UTILITY BILLING - FAX 887.4813 MAYOR'S OFFICE - FAX 884.3119 Printed on recycled paper • If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: February 17, 2004 Nevada InCorp Services Inc. 5481 Kendall Street Regis#ered Office: Boise, Idaho !'3706 Name of Manager of Corporation: Adam M. Gonzales, coo (In State Manager is Betsy Black) Manager of Corporation became a resident of Idaho on: N/A (In State Manager is a resident of Idaho) Names of all officers and Board of Directors of•Corporation: Michael O. Bladow, Adam M. Gonzales, Oliver H. Martin If wholesaler, address where records are kep#: Recommendations (6 or more residents of Meridian required}: 1. 2. 3. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY l~ Adam M. Gonzales ,being first duly sworn on my oath and say: 4887 Foxcreek Trail That I reside at Reno, Nv 89509 ; that I became a bona fide resident of one L&:ense Application Page 2 of 4 ' Idaho on NSA that I am connected with the above named applicant as x Owner Partner Manager of Corporation That i now hold United States Internal Revenue Retail Liquor or iNine Dealer's Stamp none No. or Malt Dealer's Stamp No. (if none, write "none"} That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition none That the following is a statement of the occasions upon which 1 have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore wi#hin the past five years: (if none, write "none"} Date of Arrest Place of Arrest Charge Disposition none That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation none Wine License Applkcatton Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) Yes, Citizen of the United States (lf wholesaler, cross out the following line) That I am not an official, agent or wholesaler or jobber of liquor or n of any distillery, winery, brewery, of ages. ti Signature"of Applicant 13e~r~ STATE OFD' ) ss: County of 11~asheC. ) I HEREBY CERTIFY that on this _ day of 1~oJ g ,200'1, afore the undersigned, a Notary Public in the State of Idaho, personally appeared C~oh ~.1, known to me to be the person who executed the said instrument, and acknowledged to me that he !she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate rst above written. ( o-.R oags Notary Pub 'c for 1 a ~ ~~ ~ Residing at , i~o NevaatR oNtEn~~r EltPa2~2a2009 My Commission Expires: 2-za -D cerr.aa:oaarnu,~ False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Wine license Application Page 4 of 4 =rom:Lifeplan ~ 01/Q9/3:55 #466 P.ODZ/OOP SEE REVIERSE SIDE FOR SALE OR TRAAB,SI-EW OF THIS I.ICEi~ISE ~' ~a y ., 0 w 0 O ODD Q 0 0 N 0 00 iQ W N 0 00 O ~- r m m ~ ~~ 0 17 p tD '~~ ~D to ~$ ~ ~ ~ c m ~° ~' ~ g ~ ~ c v - 0 o n ~b a ~. o A ~ ~. ~~ ~~ DCJ A ~' ~~°. 0 e~,o ~. ~o a a _. ~sa~w~law ~~annAAASJA~tAA~IA aMw.~s~~alAa~w~a~s OQ ~' ~_ i o ~ ~, ~ ~ c ~ .. m m a v 0 0 ~,. o ~ °-'. .+ -.. x. ~ ~. tZ ~ ~ ~- ~ ~ ~ p ~ ~ ~ ~~ w N ~ ~ ~~ ~ ~ ~o ~. ~ ~ m r tD ~ c ~ "' -< ~ ~ ~ ~ o ~ GI d __ {This license must be conspicuously displayed.} May r. ,2007-Apri130, 2008 ADA COUNTX LICENSE ~~- r, aoo~-April 30, a0os S~'ATE OF IDAHO • 2008 • . N0.1302G Year • THIS is TO CERTIFY THAT • • ROJO CALILTiTE RESTAU~ItAN1'E31NC QDOIIA MEX[CAN GRILL # 473. is granted a ! to conduct a ! or fora ALCOHOLIC BEVERAGE l:.icense • . • ~pei st 3068 Overlaad Rd in • Meridian 83642 ,State of Idaho (Street Address)• (City or Tofvn) • Apprnved by the Botud of County Commissioners •,. .., • • . - , ,• •, • ., ~'~~ '/ ~ ~• ~i ••~ .~ .. 1 :David Navarro, ClerklAuditor/Itecorder N a0 r C thls 15 day of January 2008 ~rr~..~~ Chairman • aad has complied with the laws of the State of Idaho and/or reguiations•and ordinances of Ads Couaty. BEER ,•..,~ _ BottledlCatined 37.50 ~,~~p IIy The Drink 50.00 Signature of see or tNflcer of Corporation .) !.i~i.t.. ~~•'• . January 18, 2008 • MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S-MAA REQUEST License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer, Phase 4, Schedule B&C project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Assistant City Engineer Date: 01 /04/2008 Re: Proposed Agenda Item for January 15, 2008 City Council Meeting The Public Works Department respectfully requests the following items be placed on the January 15, 2008 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the Black Cat Trunk Sewer Phase 4 Schedule B & C project A request for license agreement with the Nampa and Meridian Irrigation District for locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement for the locations where the sewer line will be crossing a Nampa and Meridian Irrigation District facility. Thank you for your consideration. I will forward original agreement for signatures upon your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 200$, by and amongNAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as HARDIN DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall he performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. • 2. This agreement pertains only to the Licensee"s modification of said ditch or canal ar encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall ai all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which daes not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, an demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District far such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 ~ i against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive orother requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of [his agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 i • 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT ATTEST: Its Secretary By Its President LICENSE AGREEMENT -Page 4 i r CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2A08, before me, the undersigned, a Notary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2008, before me, the undersigned, a notary public in and for said state, personally appeared and ,known to me to be the and ,respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at ,_ My Commission Expires: LICENSE AGREEMENT -Page 5 ~ i Project: 10-05-026 Date: December 12, 2007 CENTER LINE DESCRIPTION SANITARY SEWER CROSSING That portion of the East %z of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/4 corner of Section 24; thence along the Westerly boundary of the Southeast'/ of said section, South 00°S1'22" West, 179.81 feet; thence South 89°08'38" East, 1,315.19 feet to the Easterly boundary of Bear Creek Subdivision No. 1, as recorded under the official records of Ada County, Idaho, at Book 83, page 8984, the POINT OF BEGINNING; - (A) thence North 44° 14'3T' West, 40.57 feet; thence South 89°59'31" West, 138.02 feet; thence North, 45.77 feet to the Northerly boundary of Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened or shortened to match the BEGINNING £r TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Southeast'/a of said section, South 00° 51'22" West, 72.71 feet; thence South 89°08'38" East, 829.47 feet to the Norhterly boundary of the Hardin Drain Easement, the POINT OF BEGINNING; - (B) thence South 30°21'27" West, 61.30 feet to the Southerly boundary of said easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING 8: TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Southeast'/a of said section, South QO°51'22° West, 114.50 feet; thence South 89°08'38" East, 763.30 feet to the Southerly boundary of the Hardin Drain Easement, the POINT OF BEGINNING; - (C) thence North 68° 10'59" West, 160.57 feet; thence North 24 ° 29'00" West, 32.17 feet; thence North 68° 12'49" West, 192.79 feet to the Northerly boundary of the Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING 8: TERMINUS of this description. Exhibit A, page 1 • C~ Center Line Description December 12, 2007 Page 2 TOGETHER WITH: Commencing at the Center'/a comer of Section 24; thence along the Westerly boundary of the Northeast'/ of said section, North 00°51'24° East, 100.56 feet; thence South 89°08'36" East, 95.02 feet to the Easterly boundary of the Hardin Drain Easement, the POINT OF BEGINNING; - (D) thence South 84°42'41" West, 60.35 feet to the Easterly right-of-way of Stoddard Road, It the Westerly boundary of the Hardin Drain Easement, the POINT OF TERMINUS. Sidelines to be lengthened, or shortened to match the BEGINNING & TERMINUS of this description. TOGETHER WITH: Commencing at the Center'/a corner of Section 24; thence along the Westerly boundary of the Northeast'/o of said section, North 00°51'24" East, 639.47 feet; thence South 89°08'3b" East, 35.02 feet to the Easterly right-of-way of Stoddard Road, and the Westerly boundary of the Hardin Drain Easement, the POINT OF BEGINNING; - (E) thence North 62° 50'59° East, 67.96 feet to the Easterly boundary of the Hardin Drain Easement, the POINT OF TERMINUS. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575- ~ Z'/Z•b3ao ~pN~FOF q~ D M. Exhibit A, page 2 RMH/tlk:lhc P:\PHK\10-05.026-Meridian North Black Cat\Easements\10-05-026-Hardin-Sew-Xing.doc E ~- 3 D w EAR _...._<, s ' s C ~/4 coRNa~ ~ ~' 24 HARDfN DRAIN -. ._ A N. 0 °s' JL ~ ~ ~ SCALE: 1 "=200' ~ c ~ ~~ 857 N,~ z- t2-o~'~o ~Po 'rE DF \~' 6~ Exhibit A, Page 3 TM~°r^"°r ^ °" ~~~~ ~.:;o ~a~a~ i NAMPA-MERIDIAN IRRIGATION DISTRICT SHEET AB AN INeTRUNENf °R iRDGB83WNAL SEIMCE. IS TMH PROPO+Trw ~uae"ar~u.aaam~sxoTmeeusE°.ww~+o~eaxv~aT. wr ~izn+ r~-~„~ fOR AHV O fNER PROJECT WITNWT THE E%PRE86 W(LTTEN AUTIgRQATION OF IL-8 @N°Y®IB, tn< 1i1.9i TEb. 1LT20Q7 eY`0'°` HARDIN DRAIN aF °~~~~ '~`°"'°"'A°'"" SANITARY SEWER GROSSING 1 er: ma, • January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Appointment of Sharon Gorton to Parks and Recreation Commission 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. • January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-A-2 REQUEST Update on Meridian Arts Commission Application for Public Art 8~ Cultural Facilities Grant from Idaho Commission on the Arts AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached o ENO ~~ a ~~ Contacted: Date: Emailed: Phone: Tarr ininais: Materials presented at public meetfigs shall become properly of the City of Meridian. Meridian January 15, 2008 To: Mayor and City Council From: Nancy Rountree, Chair Finance Subcommittee Meridian Arts Commission • Commission Subject: Underwriting Public Art Grant Budget Madam Mayor and City Council, ~,~~~~~~ JAN 1 ~ 200 City ~f IYle~i~an City Clcrl~ ®f~ce I am writing on behalf of the Meridian Arts Commission (MAC) to ask for your help in supporting our grant application for the creation of art for city hall. MAC anticipates that our new city hall will be a vibrant cultural art center that will rival much larger cities. High quality rotating art exhibits, a public art collection and summertime outdoor concerts will surely transform our municipal building into an arts destination in the valley. We envision the centerpiece of Meridian's public art collection to be an original work of art created to honor our past while looking toward our promising future. Our budget cannot solely cover the cost of commissioning an artist to create an original piece for the lobby. To create a captivating visual experience for residents and visitors will require considerable donations from the community, grant funding and your support. MAC is applying to the Idaho Commission on the Arts (ICA) fora $10,000 grant for this project, which is only a portion of the projects $32,000 price tag. To be considered for this highly competitive grant we must show financial commitments of $22,000. Part of the money is coming from the MAC budget and we expect to raise the remaining $17,000 through corporate and private donations. We have launched our fundraising efforts but will not have commitments by the ICA grant February 15~ submission deadline. The ICA grant is a crucial part of the success of this inaugural project therefore Meridian Arts Commission is asking Meridian City Council to commit $17,000 to fulfill the grant matching funds requirement by the application deadline. MAC is asking for this commitment until such time as our fund raising efforts reach our $17,000 goal. Page 1 of 1 Tara Green From: Emily Kane Sent: Thursday, January 17, 2008 3:01 PM To: Emily Kane; Will Berg; Tara Green Cc: Bill Nary; 'Meg Peters Glasgow ; Robert Simison Subject: RE: Materials for 1/22 agenda Follow Up Flag : Follow up Flag Status: Green Attachments: Draft ICA Public Art ~ Cultural Facilities Grant Application 1-10-08.pdf; Draft Letter from Mayor in support of ICA grant 1-17-08.pdf So sorry -hit "send° instead of "attach.° Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee~a meridiancity.org From: Emily Kane Sent: Thursday, January 17, 2008 2:59 PM To: Will Berg; Tara Green Cc: Bill Nary; 'Meg Peters Glasgow'; Robert Simison Subject: Materials for 1/22 agenda Hi. Here are some materials for Council's review regarding the Mayor's Dept. Report on the Arts Commission's grant application. Nancy Rountree will also be providing one more letter related to that agenda item by 5 p.m. today. Thanks so much. Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee~a meridiancity.org 1/18/2008 ! ~ January 17, 2008 Mr. Michael Faison Executive Director Idaho Commission on the Arts P.O. Box 83724 Boise, ID 83720-008 Dear Mr. Faison: I am writing to express my wholehearted,:support, and that of the Meridii~ri=Cify Council, ::;;:,~ for the Public Art & Cultural Facilities Grant {"Grant"};from the Idaho Commission on the Arts ("ICA"}. The City looks forward to investing in pub~c~ art that will not only enhance our community's aesthetic landscape, but.:... that will also stimulate conversation, emotion, and interpersonal connection. = I wish to provide you with information stpprting the City's application for the Grant funds. Please know that the City is grateful'for th~~boppgrhuity`and for your consideration of y,Y.~ :{arr.. this application. My staff~ancl. I would be.happy to piro~+ide any further information or documentation you migliti ne ~ ~ = ~ ~'' The City recogr~~es thatas the custodian~'of any public art installation, it has an obligation to protect the pie~e'sint~,ltiy::,and_:meariing for generations beyond our own through proper maintenarices:~To thated, the City'~oes commit to employing all necessary efforts to preserve,:.care for,maintain, and:~epair public art that is installed with the assistance of ICA's It~ is"'=:'anticipated that when `Meridian's new city hall is complete, a new Building Maintenance'dvision will be=~eharged with maintenance of the city's physical facilities and property, generallyincluding'public art within the City, and specifically including public art installed with Graut~;funds:: -`The maintenance of such art would be undertaken in consultation with the Meridian ArtsCommission, as well as under the supervision of an expert, should such expertise be appropriate' given the characteristics of the particular piece. While the amount of the City's financial commitment to such maintenance effort will, to some degree, be dependent upon the unique nature of the artwork, I can at this time commit an annual budget of at least $6,000,00 for maintenance of the public art to be installed with Grant funds. Mayor's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-8848119 . wwwr.meridiancity.org Mr. Michael Faison Page 2 The City of Meridian was incorporated on August 1, 1903, and today remains an incorporated Idaho city. The City's Federal Tax Identification number is 82-6000225. Thank you again far your consideration of the City's application; please contact me if T may provide any further assistance. Sincerely, E F C)RGANIZATIQN APPLICATIQN--FpRAA 5 All applicants should read the guideline instructions to correctly complete this application. Neatly handwrite or type in 12-point. Fill in all -- questions and fields. Answer required narrative questions and complete the checklist. Applicant/Otgaz~ization (official IRS name) City of Meridian Contact dame end Title Me Glas ow, Chair, Meridian Arts Commission Street Address 33 E. Tdaho St. City Meridian State Idaho Zip 83642 County Ada Phone: Day 208.888.9898 Evening 208.63 Fax 208.888.9898 E-mail meg@finerframes.com Web site © This is a new add ^ or Dist 2 ^ • e Legislative District 20 tion?'~ s (incl TRS tax determination) Ono ara~ .. ress or phone number. ^ Appl' is acting Fiscal Agent. (see page 6y Period of support requested: Start Date Jul 1 End Date: June 30, ,~0;9 {QuickF'ttnd$ Projects cannot begin until 3 after -line.} ~~~ Applicant is applying in the area of C1Visual Arts ~= fo Arts ^Literature ^Media Arts ^Local Arts Council X Other: Public Art GRANT OR AWARD Check the appropr ;t ''~~ s ^ QuickFund$ ^ Qu ,Pr •~•'`` i R Public Art & Cultural Facilities x Public Ar Cap ° . reha O RenovationlConstruct - General ~ ra .~ ~ up o ^ Multi-Year ^ Singl y Inter - ~ •' PrajeCi' Su port •(I.S.Congressianal Distr' ]C Ts yours a nonprofit o a iza If applicable Pub].ia Budg®t Summary Fiscal Year St. Total Project J Tf you have received a of thi'~o~ect in the Aa1.1 .O. Box below. Fiscal Year End Date September 3p Total Project Expenses $32,000 emu. ~~ ;~~~ GRANT REQUEST (not GOS} $10, 000 did you submit the required final report? Oyes Ono Authorizing Signatures - I certify that the information contained in this application, including attachments and support materials, is true and correct to the best of my knowledge, I have read and agree to comply with the .Legal Requirements of accepting this grant. rs ~ _ ~ /Project c,., ,n . ~.n 7 1 Date Date (person able to legally obligate the applicant} Date City of Meridian Public Art Project Proiected, Budd Ex eases Project Coordination $ 2,5(}0 Call to Artists (RFQ} Printing and Distribution $ S00 Artist Fees ($500 ea.} for proposal preparation by finalists {up to 5} $ 2,500 Selection Committee Meeting Expenses $ 500 Artwork {includes artist fees, fabrication & installation) $25 000 Dedication - donor recognition signage, invites, food, equipe~i~' $ I,000 Tota4.4 zpenses: $32,000 ~?~ Idaho Comnnissian an the Arts grant request $10,000 Applicant Cash - City of Meridian (committed $ 4,500 Key Bank (committed} ~ 5,00 ~~?? ;000 o~lIncame: x$32.000 In-hind Contxibutians (not inc ~ in above Expe •= or Income} Value Canununity Input for proposal se[e~T tt. Blog on City Web site ' ~, Proposal review invite on Ci water ~`-~ Dedication celebration Starbucks . ~hments 1 ' Crispy ~ - fay Aloe a~~:~ 'fNalMart ~ ^~' ~~ ~ ~' ~ '~ t~~ City of Meridian Public Art Project Narrative 1. Describe your organization; include structure, mission statement, brief history, programs and services. Meridian, Idaho, was, as recently as 1990, still a small rural town of 9596 residents. Now Meridian is Idaho's third largest city with a population estimated in 2007 to be 71,865. This translates into a growth rate of approximately 7S0% in the last 17 years. This rapid growth is primarily due to Meridian's convenient location close and between the other two larger cities in the state, Boise and Narnpa, and its proximity to interstate freeway $4 d key north/south throughways. Truly at the heart of Idaho's Treasure Valley, Meridianreiuties support residents throughout the region as well as visitors and tourists. ,~ Mast Meridian residents are young families. Forty-zone percent, f the:households have children ~~~ under 18, equating to 33.7% of the population. Other age groups include $x-24, 6.9%; 25-44, 37.1 %; 45-54, 15.8%; over 55, 6.4%. The median age is.3`~,t the last cezzsus~.the per capita income was $20,150. The Meridian Joint School Dis #2, which serves no~~nly the Gity of Meridian, but also neighbor communities of Eagle ar, and West Boise, ranks one~;of the most rapidly growing school districts in the coup in th~ece of this extr&~dznary growth, Meridian and the Joint School District, consist national recogmtzon for the quality of life and education enjoyed by residents. It is this commitment to exceptional qualfy~flii raise a family, and its desire to celebrate Mefid~ rapid growth and change that inspired the Ci~y of Commission by city ordinance #OG-1280 in 1VavE six (6} volunteer member t. e'a"c ~a ointed by ~~ EE Included in the membe zp is orb ayor's youll addition, one member-~e City Council serves Commission has a chazr;~u°~e chard secretary its pride on"~b~ing a premiere place to live and o.:unique histo , -identity in the midst of ~~ . [enclzan to estab : the Meridian Arts ~~-g.. er, 200~`he Arts Commission consists of ~ayor wi '~~~ nfirmation by the City Council. ouncil m~mber appointed by the mayor. In a liaison! ex-officio member. Meridian Arts cted by commission members. The mission of~he.MeridiazF' ~" p~Co ° ~zo~i °Ff'o advance and nurture all facets of the arts to enhance theaquaYzty::oflife for ~ ~ than resi en s and its visitors." It is the vision of the Arts Commiss'zon to establisartd su ort~a,vibrant arts community that integrates the arts experience into~ever,~!day life and enhan,,,sc~s the s~~f the city. Although home to the New Heritage Theatre, t1eMeridian Symp~iany, ant~~a handful of donated and commissioned public artworks, ~~, ~~:.s the City of 'eridian lacked ~ multi-disciplinary arts organization to provide support to existing artists and arts``g~oups and to provide arts programming for its residents -until the establishment of the Meridian Ai~;CotYUni~s~ion. Since its inception, the Arts Commission has organized into a ~~~. cohesive group and ~li~is zezitly presented a new series of events, workshops, lectures, and demonstrations called `;Fake Part In The Arts" ~ li~° F .a ;~.~. 2. Describe the public art project for which you are seeking funds, timeline, proposed accessibility of public art site, and plans for long term care and conservation. The Public Art Froject: Meridian's new City Hall, currently under construction and scheduled for completion fall 2048, will be much more than local government offices - it will also be a destination arts center featuring an outdoor amphitheatre, a large gallery for rotating exlu~itions, and display space for a fixture artwork collection. To recognize this function and to set the tone City of Meridian Public Art Project for future public artworks, the City will conduct a community-engaged selection process to commission inaugural public artwork for the entrance lobby of the new Meridian City Hall. Artwork Goals: This artwork will be a keystone, setting the foundation for a vibrant municipal -- collection of quality public artworks and showcasing the new City Hall as a center for the arts. Also, by creating a friendly and captivating visual experience for residents and visors within a building of local government, the artwork will draw people to City Hall and inspire broader civic participation. Site portunities: Two alternate areas within the entrance lobby will be offered to artists as public art site opportunities. Artists will be given the opportunity to .ro'p~o'~e artworks for either or both sites. {Please see attached support materials for architectu a ~rawing and specifications} 1. An approximate 16 ft. wide by 16 ft. long area within the -stdi~r ass main entryway that will allow for a suspended artwork above the pedestrian ay up ~~12 ft. in height {which would make the piece hang down to l2 ft. above tl~e floor}. An tore beam to accommodate suspension of artwork up to ~..,~b~:~s been designed by building architect and will be installed during constructio"i <.representing support and~~~imitment to the project by the City ofMeridian, '~~ '`~~` A ,~ ~~'=;~ 2. An area 5 ft. wide by 8 ft. tall centered between the entrance doors to City Council chambers. This s ace has also been s ecificali ~esi ed to dis la:`';~~~iork and wi11 allow for awall- P P ~ P Y ,~... mounted or free-standing piece that oes snot exceed 1 $. ir'~depth. Artwork Themes: At the new Meridian Cit~~~a; Creamery, built in 1$97 as a key aspect of a e~ surrounded by fertile farming:country for grams and freight railways, Mer~iaii ~~~ ~ s home to f Western Electronics, ari~Arnolc7.'l~Vi~chinery. Fa expanding population`~~~~li~ce the nev~~City Hall it the historic Creamery in new~dxniodern ways, while looking fozward to a mamtsing~iatu~~~. k g location"o~`n~cir stood the Meridian iri' anch-based economy. Once ,etab~les ~ fruits and served by passenger 3rporate,~eadquarters of United Heritage, have now yielded to residences for the hich will utilize reclaimed materials from ~ubiic artwork should honor Meridian's past ~ay--June, 2008: Tn~,"alize RFQ;~and~"finalize distribution strategies ~ti?~, 2008: Distrifi ~~ 1tFQ (see response to Narrative Question #3 for details) pp Augus`'~L , 2008:1tFesponse deadline Augus~b';n2008: Sel c`ion Committee Meeting (3-5 finalists selected) August 2~2Q08: Finalists notified October 1, 2~dQ$', xoposals due from finalists October - Noveirilier, 2008: Community Outreach J Input (see response to Narrative Question #5 f¢ details} December 3, 2008: Selection Committee Meeting (final proposal selected) December 9, 2008: Selection Committee recommendation to City Council December, 2008: Artist contracted January -May, 2009: Artwork fabrication . June, 2009: Artwork installation June xx, 2009: Dedication Celebration City of Meridian Public Art Project • The selection committee will then review community input and proposals to recommend one artist's proposal to the Meridian Arts Commission and City Council for final approval. Because the City of Meridian and its new Arts Commission have little experience navigating an appropriate public art selection process, and because this project will lay the foundation for future public art selection in Meridian, it is important that it is professionally guided. Therefore, the City will contract with Delta James, Planning Specialist with Sage Community Resources, a regional community and economic development agency, to provide project coordination and to advise future policies and processes for public art selection. Ms. James has extensive axts management experience (please see her resume included in attached port materials} and was recently Idaho Gommission on the Arts' Southwest Idaho Region ~ blie~rt Advisor. 4. Describe the artist's involvement with this project The artist has not et been determined for this ra ect. Ho a er ev ~ Y p j ,~ ery a ort has been made to outline a selection and qualifications review process tha~• " . *.r~esult in an ".o. k of exceptional quality {please see response to Narrative Question # ove}..This commitrn y < o artistic quality is also demonstrated by the proposed distn'bution a Rl?Q td= 'sts throughou ahb and neighboring states, thereby likely attracting respons rt m q ublic artists a wing the selection committee a broad pool of expertise from wluc ~ w. The selection committee itself includes s . eral arts professt n_ with the expertise needed to make an informed judgment of artistic gUti~~~Y:~fi 5. Describe the community invotvement~cvi~s'9°p~roiect The City of Meridian, as a public entity, is co~`mmitte~d uely positioned to engage the community in this project. • "`• • mmunity will± epresent~the core of the project through participation on the seI ~, n c 'ttee and wig. the membership of the Arts Commission (please see names and- liations .g eridian .Commission members in the attached support materials}. j~ Commutity c mment and r ~ , ~ o artist finalists will be encouraged and made available thro~h~the~"s'e<strate~ • Prop~o s will be pos ~~dn the ~" ebsite and a Blog establish~i to invite community • t'roposals~~rith a comet "" x, will be exhibited for two weeks each at local venues , including ,~ a ~ ~ u . • Meridiart•Arts Co isston members will present the proposals at meetings of city community group r~, eluding ;;~,~ ,. ~ ~.. ,'~ • An invitation to re'~iew the proposals and provide input at the exlu'bits, community presentations or on the Web will be included in the City newsletter and printed on the City Water Bills, reaching every Meridian household. 6. Describe hotiv your plans address ADA and Section 504 accessibility requirements. The entire new Meridian City Hall, including the proposed artwork sites, are fully accessible and meet all ADA/SQ4 requirements. City of Meridian Public Art Project Accessibility. During the open hours of City Hall, including evening Council meetings and Public Hearings, residents and visitors can freely enter the building to view the artwork. In non- open hours, the artwork {in either proposed location) will be visible through transparent entry doors. (please see response to Narrative Question #6 for ADA1504 considerations) Care and C nservation: Long-term care and conservation begins with the artwork selection process. The durability and possible maintenance needs of proposed artworks will be carefully considered For example, the two-story glass entryway, one of the proposed artwork sites, is west-facing and will likely receive abundant direct sunlight. Therefore, artwork materials proposed for that site must reasonably withstand sunlight exposure. Thy selection committee will make every effort to select artwork suited to the site and r uirin ~''~~ ~' eq g~ ,~niriimal'Iong-term care. Because no artwork is entirely maintenance-free, the City of Meridian, Public Works Department, with guidance from the Meridian Arts Commission, has agreed= o provide any necessary maintenance, care and conservation for the artwork (see comrcitment ie~~,n attached support materials). ainten~, ''~~~~ '~ 'y~=~~ §~m+~A Vs; {.. 3. Describe the process for selecting artists or co pants. a~r~ . ~,~ y-; The quality of the finished artwork is a primary once ... profs for selection o ,~ qua] artist or artist-team has been developed to ensure this q .. lI include the~~teps: ~w A Request for Qualifications (RFQ) artist-teams in Idaho and contiguous and Nevada) via email announcemer of local, regional and state arts comr news outlets, and through national o~ Review. The RFQ will; ' 'beaposte City's newsletter. sts responding their interest In tb. ~p~oiect, a G~[~'ent work, an • A selecti~ as the Meru Treasure be developed ans ~~distributed to individual artists or s:(Oregon, Waslu on, Montana Wyomin Utah a on tries to the R resume, images, ~ g9 opportunities his ~„ gs, and print newsletters ~,., . a~'cl~~tat~e, press= leases to local and regional s~t~ie ~?~x~iiic,~ Network and Public Art r of Mel ~8i"~ar~i Website and included in the will be asked to submit a letter explaining slides or digital images of their previous lIfleast three professional references. committee wilt; review'ttEe~ . ~ ~~ponses. Applications will be evaluated ~ arti~tt~~zluality ,: revtous wo represented by submitted slides or images, Hess oftjrpe;~c~f wor ~•. or the planned project, and artist experience with public art lemonstrated,+m the a '; :'cation. The selection committee (see bio summaries attached support materials} includes a representative from the Ci#y Hall 1team, a City~~presentative, a Meridian Arts Commission member, a member of n Historical Commission, a gallery owner, an arts leader from the greater illey~and a l~;cal high school student. • 3-5 finalists will lie`.selected and compensated ($500 each) for proposal development. Final proposals will include a project description, concept drawings and/or models, projected subcontractor list {if applicable}, and material samples. Artist Finalists will also be asked to submit a project budget which should include artist's design fee, travel, materials, fabrication casts, documentation, and transportation and installation of the work. Artist Finalists will be encouraged, but not required, to visit Meridian during proposal development. . • Finalist proposals tivill be made available for broad community input through a variety of exhibit locations and approaches. {please see response to Narrative Question #5 for details) City of Meridian Public Art Project Bios: Public Art Selection Committee Members Kara M. Moser: Kara Moser joined LCA Architects in January 2007 after graduating from the University of Idaho in December 2006 with a BA of Interior Design and a miner in Architecture. Prior to graduation, Kara spent three months in Italy with the University of Idaho Landscape Architecture summer exchange program. While there, she studied historical styles, details, and meanings, as well as created an urban development plan for the city of Ovada, Italy. Since joining LCA, Kara has had the opportunity to work on Boise State University's Interactive Leaning Center, Student Union, and Vazsity Center. She has also been the interior designer of the Meridian City Hall, AG_ C Office Building, Boise School Districts' West, South, and East Junior High Scho ~ s, d,~ho Central Credit Union's Southside, Overland, and Twin Falls Branch Banks furnishings far Battle Ground Community Events Center and space planning fa ~ e a Public Safety Building. Meg Glasgow: Meg Glasgow, owner of Finer Frames, is a nationally re gnized consultant in the art and framing field, a contri ~ng editor to DECOR m ' h. She travels widely in the U.S., presenting semunars on} ' ~ d~~rketing for s~ 1 businesses, and has just published a book entitled " 1V1Marketing, A Self-Help Guide for Small Business Success" ere at home, Mega resident of the Meridian Arts Commission, and co-chairs the Chain mess Promo Committee. She has created several unique art contests for ~ events e'~tt local organizations: for example the "Art Attack: A Contest Ki eg work with the annual art show and suction for the Bays & Girls Club, w1h ° Iub's arts programs. She is a graduate of Leaderships ~din~~: Meg serv on the Ma or's Task Force that formed the Meridian Development Corpo Lion, served the selection committee for our downtown redevelopment coris`~ul comp , y, aad sits o~e Gateway Task Force. She was named Meridian's 200` man. ffihe Year, a alist ~n the Idaho Woman Entrepreneur of the Year ~gr for 2~~,~:~an herw ~stn~s' s"~was chosen as the Meridian Small ~ ~ ~~- Business• a ..a 002.~F" er Frames received the top distinction as Decor's Top 100 ~ ~ Framing R • Av~d,'.:~003. Mayor T DeWeerd Walter Lindgr eridi ~ Historical Commission, Chairman Karen Bubb -Boise y Arts Commission, Director {???) Teri Sackman -Meridian Chamber of Commerce, Director Tere Foley -Initial Point Gallery, founder Youth representative 7?? a~ Idaho Commission on the Arts Public Art & Cultural Facilities Grant Program Deadline: February 15, 2008 Maximum Request Amount: $10,000 Match Requirement: 1:1 with cash Public Art Requests Application Evaluation Criteria: Artistic Merit (50 points) • The artistic merit of the applicant, as evidenced by previous projects, marketing materials, work samples, etc., are strong. • The applicant has demonstrated the excellence of the participating artists in the narrative and/or in attachments. • If artists have not been selected for the project, the applicant has described the process and criteria for their selection. Planning (25 points) • Evidence of community support and need. • If applicable, attention has been given to maintaining the site's historic integrity. • Evidence of community-wide involvement in the process for selecting the public art site and artists. Management (25 points) • Ability and plan demonstrates the applicant can accomplish the project in a quality and timely manner. • Applicant has submitted a complete, clear, and realistic budget. Narrative Questions: Describe (up to four pages): 1. your organization; include structure, mission statement, brief history, programs and services. 2. the public art project for which you are seeking funds, timeline, proposed accessibility of public art site, and plans for long-term care and conservation. 3. the process for selecting artists or consultants. 4. the artist's involvement with this project. 5. the community involvement with this project. 6. how your plans address ADA ctncl Section 504 accessibility requirements. Meridian January 15, 2008 To: Mayor and City Council From: Nancy Rountree, Chair Finance Subcommittee Meridian Arts Commission ~"Z2"~~ s ~s~ Commission Subject: Underwriting Public Art Grant Budget Madam Mayor and City Council, RECEIVED JAN 1 ~ 2001 City Of lYleridian City Clerk Office I am writing on behalf of the Meridian Arts Commission (MAC) to ask for your help in supporting our grant application for the creation of art for city hall. MAC anticipates that our new city hall will be a vibrant cultural art center that will rival much larger cities. High quality rotating art exhibits, a public art collection and summertime outdoor concerts will surely transform our municipal building into an arts destination in the valley. We envision the centerpiece of Meridian's public art collection to be an original work of art created to honor our past while looking toward our promising future. Our budget cannot solely cover the cost of commissioning an artist to create an original piece for the lobby. To create a captivating visual experience for residents and visitors will require considerable donations from the community, grant funding and your support. MAC is applying to the Idaho Commission on the Arts (ICA) fora $10,.000 grant for this project, which is only a portion of the projects $32,000 price tag. To be considered for this highly competitive grant we must show financial commitments of $22,000. Part of the money is coming from the MAC budget and we expect to raise the remaining $17,000 through corporate and private donations. We have launched our fundraising efforts but will not have commitments by the ICA grant February 15+~ submission deadline. The ICA grant is a crucial part of the success of this inaugural project therefore Meridian Arts Commission is asking Meridian City Council to commit $17,000 to fulfill the grant matching funds requirement by the application deadline. MAC is asking for this commitment until such time as our fund raising efforts reach our $17,000 goal. Page 1 of 1 Tara Green From: Emily Kane Sent: Thursday, January 17, 2008 3:01 PM To: Emily Kane; Will Berg; Tara Green Cc: Bill Nary; 'Meg Peters Glasgow'; Robert Simison Subject: RE: Materials for 1/22 agenda Follow Up Flag: Follow up Flag Status: Green Attachments: Draft ICA Public Art 8 Cultural Facilities Grant Application 1-10-08.pdf; Draft Letter from Mayor in support of ICA grant 1-17-OS.pdf So cony -hit "send" instead of "attach." Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Faxr 208-884-8723 E-mail: kanee@meridiancity.org From: Emily Kane Sent: Thursday, January 17, 2008 2:59 PM To: Will Berg; Tara Green Cc: Sill Nary; 'Meg Peters Glasgow'; Robert Simison Subject: Materials for 1/22 agenda Hi. Here are some materials for Council's review regarding the Mayor's Dept. Report on the Arts Commission's grant application. Nancy Rountree will also be providing one more letter related to that agenda item by 5 p.m. today. Thanks so much. Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 1/18/2008 January 17, 2008 Mr. Michael Faison Executive Director Idaho Commission on the Arts P.O. Box 83720 Boise, lD 83720-008 Deaz Mr. Faison: I am writing to express my wholehearted,~siiip~port, and that of the Meridi* °y,Ci" Council, for the Public Art & Cultural Facilities Grant ("Grant~~'~fr~om t1~~Idaho Commiss~~r`o`n on the Arts ("ICA"). The City looks forward to investing in pub`li,~ar~ that wil°1 not only enhance our community's aesthetic landscape, but~,,;that will also sti`inulate conversation, emotion, and interpersonal connection. ~~~~>_ l.~L~:~ I wish to provide you with information supp EErng the C~" s application for the (',want ~s. funds. Please know that the City is grateful~^for thi's"~~dpportunity and for your consideration of this application. My sta~.~;and I would be;: appy to p~rov~ide any further information or documentation ou mi tine f~~~1`f~, a ;.;;~f ~.~~~iY r..:. ~ ~%i ;~~:;y~.ri3 tfi ~ .f 4'.(E~-~ , yY 'The City recogru2es thatf~,as the custodi~i~°of any public art installation, it has an obligation to protect the gi~'cexs,~`nt~:li.~}-r~and,r,~,}n ,salting for generations beyond our own through proper maintenai~t:>,~~ To that~:etid, the Ci`fy~d~od's" commit to employing all necessary efforts to preserve,;ca"re for, mia~tain, and~e~air public art that is installed with the assistance of ICA's It ~~is= :anticipated that: xwhen °Nieridian's new city hall is complete, a new Building Maintenanee'rdivision will be rrchar ed with maintenance of the city s physical facilities and ~:.:~. ~f:l. property, generally neludingc'public art within fine City, and specifically including public art installed with Granin~fiuids=~`The maintenance of such art would be undertaken in consultation with the Meridian Art~,Commission, as well as under the supervision of an expert, should such expertise be appropriate given the chazacteristics of the particulaz piece. While the amount of the City's financial commitment to such maintenance effort will, to some degree, be dependent upon the unique nature of the artwork, I can at ties time commit an annual budget of at least $6,000.00 for maintenance of the public art to be installed. with Grant funds. Mayor's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 ,Fax 208-884-8119 . wwuv.rneridiancityr.org • Mr. Michael Faison Page 2 The City of Meridian was incorporated on August 1, 1903, and today remains an incorporated Idaho city. The City's Federal Tax Identification number is 82-6000225. Thank you again for your consideration of the City's application; please contact me if I may provide any further assistance. Sincerely, Tammy de Weerd Mayor ~; • • oRGANIZAT`ION APPLrcA~oN-FORM 5 All applicants should read the guideline instructions to correctly complete • this application. Neatly handwrite or type fn 12-point. Fill in all -' questions and fields. Answer required narrative questions and complete the M checklist. Applicant/Orgapizadon (official IRS name) City of Meridian Contact Name and Title Meg Glas ow, Chair, Meridian Arts Commission Street Address 33 E. Idaho St. .0. Box City Meridian State Idaho Zip 83642 County Ada Phase: Day 208..888.9898 Evening 208.631..' (,cell) '~ 4l Fax 208.888.9898 E-mail meg@finerframes.com Web site .3 eri C, ~it .or O This is a new address or D hone number. O ~~9~ p Appl is acting Fiscal Agent.{see page 6} Period of support requested.: Start Date Jul 1 End Date: June 30, ;Or9 °? {QufckFundS Projects cannot begin unto 3 after ine.) Applicant is applying in the area of Clvisual Arts fo Arts OLiterature OMedia Arts OLocal Arts Council X Other: Public Art GRANT OR AWARD Check the appropr t d D QuickFund$ O Qu . ,Prc B Public Art ,& Cultural Facilities x Public Ar q ^ Renovation/Construe - General i O Multi-Year ^ Singl '~ Inter •O.S.Congressional Distr ]C or Dist 2 O • ' Is yours a nonprofit o ~, nation?'_ s (incl O Training or Advice i!] Feasibility Study Project 5`u°'~port Legislative District 20 [RS tax determination) ^na of Public Art: Meridi~,.new'~~ty HaI.I Budget s„+^+~~N ect in the space below. Fiscal Year Stares `ate Octobe Fiscal Year End Date September 30 Total Pro'ect Repe 32,00 Total Pro'ect Expenses $32,000 GRANT REQUEST {not GOS)$10,000 If you have received a gr•~ , did you submit the required final report? Oyes Ono Authorizing Signatures - I certify that the information contained in this application, including attachments and support materials, is true and correct to the best of my knowledge. Z have read and agree to comply with the Legal Requirements of accepting this grant. App icant/Project 'rector Date -( V~1.esAc,~et,~yZ. 7 Financial Officer bate Official (person able to legally obligate the applicant) Date • G City of Meridfgn Public Art Project Protected Budeet Expenses Project Coordination Call to Artists (RFQ) Printing and Distribution Artist Fees ($500 ea.} for proposal preparation by finalists (up to 5} Selection Committee Meeting Expenses Artwork {includes artist fees, fabrication & installation) Dedication -donor recognition signage, invites, food, equip~;e'~i Income Idaho Commission on the Arts grant request Applicant Cash -City of Meridian (committ Key Bank (committed) ???? Income: In-ldad Conf~ribubions (naf inct in above Community Input for proposal se "' Blog on City Web site ~b Proposal review invite on Ci .water i Dedication celebration WalMart ,,n~~ •~'~- - twu 6 t 4 .. $ 2,500 $ 500 $ 2,500 $ S00 $25,000 $ 1,000 ~sa,a00 $10,000 $ 4,500 • ~ City of Meridian Public Art Project Narrative 1. Describe your organization; include structure, mission statement, brief history, programs and services. Meridian, Idaho, was, as recently as 1990, still a small rural town of 9596 residents. Now Meridian is Idaho's third largest city with a population estimated in 2007 to be 71,866. This translates into a growth rate of approximately 750% in the last 17 years. This rapid growth is primarily due to Meridian's convenient location close and between the other two iazger cities in the state, Boise and Nampa, and its proximity to interstate freeway 84 key north/south thxoughways. Truly at the heart of Idaho's Treasure Valley, Meridian ~iYieiuties support residents throughout the region as well as visitors and tourists. _ Most Meridian residents are young families. Forty-nine perc~e~f the$ouseholds have children under 18, equating to 33.7% of the population. Other age gros inclu e • •8-24, 6.9%; 25-44, 37.1 %; 45-64, 15.8%; over 65, 6.4%. The median age i . ~'~~. t the last ce ,, ~~~~the per capita income was $20,150. The Meridian Joint School Dis '~#2, which serves notib• .y the City of Meridian, but also neighbor communities of Eagle ~ ,and West Boise, ranks • ~ n~f the most rapidly growing school districts in the co .: in th ce of this a dinary growth, Meridian and the Joint School District, consist national recognition for the quality of life and education enjoyed by residents. It is this commitment to exceptional quali~b~'lii raise a family, and its desire to celebrate M~eft ~~~R rapid growth and change that inspired the Cy of Commission by city ordinance #06-1.280 in N~'v< six (6) volunteer member inted by ~'E Included in the membe • p is o yor's you addition, one memb ~ ~ ;the City ~ cit serves Commission has a c ' , • chaff d secretary The mission of, :e.l~~ enhance the,,Q'tlatit Commission to establ: into e~rday life and its pride o ing a premiere place to live and ~ unique histo -~iientity in the midst of ~~ to estab ;• the Meridian Arts $ti' e Arts Commission consists of '~ayor winfxrmation by tTie City Council. ouncil m'~mber appointed by the mayor. In aliaison/ ex-officio member. Meridian Arts meted by commission members. rrr ~' ""Co °" " ~ oti~~ `fo advance and nurture all facets of the arts to for • ~ ~ Ian resi and its visitors." It is the vision of the Arts supp vib~arit arts c:omrnunity that integrates the arts experience the s f the city. Although home to the New Heritage igny, an,, handful of donated and commissioned public artworks, t'ulti-disciplinary arts organization to provide support to existing pmvide arts programming for its residents -until the establishment lion. Since its inception, the .Arts Coiiimission has organized into a fitly presented a new series of events, workshops, lectures, and Part In The Arts." s x •~ „•ei~• .~ ,~ w ~?~,;~ Theatre, the:Meridian Sym~~ the City of~ndiaa lacked: artists and artsr~c°~s and to of the Meridian Arts'Co ?~ •~' A~~ cohesive group and h~s~~~~r demons~ations called Fake 2. Describe the public art project for which you are seeking funds, timeline, proposed accessibility of public art site, and plans for long term care and conservation. The Public Art Project: Meridian's new City Hall, currently under construction and scheduled for completion fa112008, will be much more than local government offices - it will also be a destination arts center featuring an outdoor amphitheatre, a large gallery for rotating exhibitions, and display space for a future artwork collection. To recognize this function and to set the tone • City of Meridian Public Art Project for future public artworks, the City will conduct a comatunity-engaged selection process to commission inaugural public artwork for the entrance lobby of the new Meridian City Hall. Artwork Goals: This artwork will be a keystone, setting the foundation for a vibrant municipal -- collection of quality public artworks and showcasing the new City HaU as a center for the arts: Also, by creating a friendly and captivating visual experience for residents and visors within a building of local government, the artwork will draw people to City Hall and inspire broader civic participation. Site Oppo~ Two alternate areas within the entrance lobby will b offered to artists as public art site opportunities. Artists will be given the opportunity to rop' artworks for either or both sites. {Please see attached support materials for architectu cawing and specifications) 1. An approximate l6 ft. wide by 16 ft. long area within the -st .. •• ass main entryway that will allow for a suspended artwork above the pedestrian ay u 2 ft. in height {which would make the piece hang down to 12 ft. y'~e~floor). An ~ tore beam to accommodate suspension of artwork up to a ~ • ~ been designed by 'lding architect and will be installed during conshv~µ~' epresenti support and 'tment to the project by the City of Meridian. 2. An area 5 ft. wide by 8 ft. tall centered between the •A • doors to City Council chambers. This space has also been specifically. esigned to displa {~r~rk and will allow fora wall- mounted or free-standing piece that ~'eot exceed 1 ft. ur-depth. Artwork Themes: At the new Meridian Ci Creamery, built in 1897 as a key aspect of a e surrounded by fertile farming country for grai • and freight railways, M di~;,~~4 is home to f Western Electronics,~anArnold~lyVJ chinery. Fa expanding population,~e the ne~i~City Hall it the historic Creamery in nevu=~~nd ~dern ways, while looking_forward to a ~r~nm ~ '~~: " g location`'o~~ce stood the Meridian ch based economy. Once •ab • ~ruits and served by passenger ~rporate. ~ arters of United Heritage, have now yielded to residences for the ich will utilize reclaimed materials from ~~ubiic artwork should honor Meridian's past ay-June, 2008: 'ze RF~~"ani~finalize distribution strategies uL,,i., 2008: Distrib ~ RFQ ~ response to Narrative Question #3 for details) Au ~1 , 200$: RF onse deadline Angus ~~20'~2008: Select, on Conunittee Meeting (3-5 finalists selected) August 2, 2', Q8• Finalists notified October 1, ~~ .rposals clue from finalists October -Nov ' er, 2008: Community Outreach !Input (see response to Narrative Question #5 fd~•details) December 3, 2008: Selection Committee Meeting (final proposal selected) December 9, 2008: Selection Committee recommeadation to City Council December, 2008: Artist contracted January -May, 2009: Artwork fabrication • June, 2009: Artwork installation June x, 2009: Dedication Celebration • ~ City of Meridian laab4c Art Project • The selection committee will then review community input and proposals to recommend one artist's proposal to the Meridian Arts Commission and City Council for final approval. Because the City of Meridian and its new Arts Commission have little experience navigating an appropriate public art selection process, and because this project will lay the foundation for future public art selection in Meridian, it is important that it is professionally guided. Therefore, the City wi11 contract with Delta James, Planning Specialist with Sage Community Resources, a regional community and economic development agency, to provide project coordination and to advise future policies and processes for public art selection. Ms. James has extensive arts management experience (please see her resume included in attached ~'''ort materials) and was recently Idaho Commission on the Arts' Southwest Idaho Regio ~ 'blic~`~rt Advisor. 4. Describe the artist's involvement with this project. The artist has not yet been determined for this project. Ho e~ outline a selection and qualifications review process that . quality {please see response to Narrative Question # ova). is also demonstrated by the proposed distribution a RFQ neighboring states, thereby likely attracting rasp rise 4 ~ q selection committee, a broad pool of expertise from wluc . The selection committee itself includes s : eral arts prc make an informed judgment of artistic q '" 5. Describe the community involvement ~ii~'s~b~ ery~ rt has been made to in an .o k of exceptional ommitm ~ artistic quality sts throughout ' ahb and public artists ari_ -aivina the with the expertise needed to The City of Meridian, as a public entity, is co`nitt ely positioned to engage the commutty in this project. . ~ mmunity will epresent. ~t the core of the project through participation on the~sel n c 'ttee and wit'n the mem~'ershup of the Arts Commission (please see names Nations a ~eridian ' .Commission members in the attached support materials). Communi m t and r r artis# finalists will be encouraged and made available throu ` ~t~~~strate~ .. • Pr ~dsals will be pos~~n the • : ~ bsite and a 131og established to invite community _ . • Proposal§`ith a comma I` x, will be exhibited for two weeks each at local venues . including R • Merid ~~~ an Arts - issson members will resent the proposals at meetings of city community group ,~„q: chiding ~ ~, ~*, ' o • An invitation to re~iiew the proposals and provide input at the exhibits, conununity presentations or on the Web will be included in the City newsletter and printed on the City Water Bills, reaching every Meridian household. 6. Describe ho~v your plans address ADA and Section 504 accessibility requirements. The entire new Meridian City Hall, including the proposed artwork sites, are fully accessible and meet all ADA/SQ4 requirements. • ~ City of Meridian Public Art Project Accessibility: During the open hours of City Hall, including evening Council meetings and Public Hearings, residents and visitors can freely enter the building to view the artwork. In non- open hours, the artwork (in either proposed location) will be visible through transparent entry doors. (please see response to Narrative Question #6 for ADAI504 considerations) Care and Conservation: Long term care and conservation begins with the artwork selection process. The durability and possible maintenance needs of proposed artworks will be carefully considered, For example, the twastory glass entryway, one of the proposed artwork sites, is west facing and will likely receive abundant direct sunlight. Therefore, artwork materials proposed for that site must reasonably withstand sunlight exposure. Thselection committee will make every effort to select artwork suited to the site and requiring~n~m` al long-term care. Because no artwork is entirelymaintenance-free, the City of Mer~'draa Public Works Department, with guidance from the Meridian Arts Commission, has agreo pro de any necessary maintenance, care and conservation for the artwork (see co 'rtment le ' ~ ~ attached support matenals). v ~' ~ ~° 3. Describe the process for selecting artists or co §'~tants. , ~ ~ The quality of the finished artworlc is a primary nc pro '' for selection o ~ •qualified artist or artist-team has been developed to ensure this will include th e steps: • A Request for Qualifications (RFQ) swill be developed an d' tn'buted to individual artists or ~,~ artist-learns in Idaho and contiguous s~a ~s~(;Oregon, Waslu n,.M~antana, Wyoming, Utah and Nevada} via email announcements~e'~s te• portuniti gs, and print newsletters of local, regional and state arts commissspis ~~li"state, press~,s leases to local and regional news outlets, and through national outlets such '~e~ilio Network and Public Art Review. The RFQ wi osted on th~(~of Me'~t{~"Z~~ Website and included in the City's newsletter. , sts respo ing to the R1Q will be asked to submit a letter explaining theirvaterest in th ~ r'Q ect, a ~ ent resume, t n slides or digital images of their previous work, an annotated I~subn~~e~ images, anc~,'least three professional references. • A seiecti n.committee vii . vide. ~ ~. = _ ~'ponses. Applications will be evaluated accordf~ng t ' ' ' ~,~ailty •: revious w represented by submitted slides or images, appro'~nateness of e. f wor or the planned project, and artist experience with public art ~:;~., pro} ec~s~as demonstrat ~, the ~ nation. The selection committee (see bio summaries included ~n attached supp~o mat • als) includes a representative from the City Hall architec~ .~ual~earri, a City presentative, a Meridian Arts Commission member, a member of the Meridiai~~ torieal Omission, a gallery owner, an arts leader from the greater Treasure Vallapd a l~at high school student. • 3-5 finalists will be elected and compensated ($500 each) for proposal development. Final proposals will include a project description, concept drawings and/or models, projected subcontractor list (if applicable), and material samples. Artist Finalists will also be asked to submit a project budget which should include artist's design fee, travel, materials, fabrication costs, documentation, and transportation and installation of the work. Artist Finalists will be encouraged, but not required, to visit Meridian during proposal development. . • Finalist proposals will be made available for broad community input through a variety of exhibit locations and approaches. (please see response to Narrative Question #5 for details) • ~ City of Meridian Public Art Protect Bios: Public Art Selection Committee Members Kara M. Moser: Kara Moser joined LCA Architects in January 2007 after graduating from the University of Idaho in December 2006 with a BA of Interior Design and aminor in Architecture. Prior to graduation, Kara spent three months in Italy with the University of Idaho Landscape Architecture summer exchange program. While there, she studied historical styles, details, and meanings, as well as created an urban development plan for the city of Ovada, Italy. Since joining LCA, Kara has had the opportunity to work on Boise State University's Interactive Leaning Center, Student Union, and Varsity Center. She has also been the interior designer of the Meridian City Hall, GC Office Building, Boise School Districts' West, South, and Frost Junior High SchodIs, •'d~ho Central Credit Union's Southside, Overland, and Twin Falls Branch Banks furnishings for Ba#le Ground Community Events Center and space planning fo • e a Public Safety Building. Meg GIasgow: Meg Glasgow, owner of Finer Fr „`es, is a nationally r ' ed consultant in the art and framing field, a contra g editor to DECOR ' • h. She travels widely in the U.S., presenting seminars oa ~. ~rketing for s~ businesses, and has just published a book entitled "My.• Maflcetiag, A Self Help Commission, and co-chairs the created several unique art contests fo for example the "Art Attack: A Cont and auction for the Boys & Girls Cl graduate of Leadership ~ ~ M Meridian Developnt , ' t Corpo ion, redevelopment co comp y, named Meridian's 200 '. ~ •• of the Year • • or 2~t0~~n h Business e •= 002?" er 100 Framing R ~ _~ A~. Mayor Thy DeWeerd Walter ere at home, M resident of the Meridian Arts Cham siness Promo Committee. She has r events ~ . e"4Sit local organizations: est Ki a wor ' with the annual art show ub, w • h e ~ fub's arts programs. She is a eg serv • on the Ma is Task Force that formed the served the selection committee for our downtown and sits o e Gateway Task Force. She was e Year, a • alist in the Idaho Woman Entrepreneur r-' • ~~SS was chosen as the Meridian Small Frames received the top distinction as D6cor's Top ~~003. al Commission, Chairman Karen Buf~b - Boisei~y Arts Commission, Director (???) Teri Sackman -Meridian Chamber of Commerce, Director Tere Foley -Initial Potnt Gallery, founder Youth representative 77? 9-e Idaho Commission on the Arts Public Art & Cultural Facilities Grant Program Deadline: February 1 S, 2003 Maximum Request Amount: $10,000 Match Requirement: l : l with cash Public Art Requests Application Evaluation Criteria: Artistic Merit (SO points) • The artistic merit of the applicant, as evidenced by previous projects, mazketing materials, work samples, etc., aze strong. • The applicant has demonstrated the excellence of the participating artists ' in the narrative and/or in attachments. • If artists have not been selected for the project, the applicant has described the process and criteria for their selection. Planning (2S points) • Evidence of community support and need. _ • If applicable, attention has been given to maintaining the site's historic integrity. • Evidence of community-wide involvement in the process for selecting the public art site and artists. Management (25 points) • Ability and plan demonstrates the applicant can accomplish the project in a quality and timely manner. • Applicant has submitted a complete, clear, and realistic budget. Narrative Questions:• Describe (up to four pages): 1. your organization; include structure, mission statement, brief history, programs and services. 2. the public art project for which you are seeking funds, timeline, proposed accessibility of public art site, and .plans for long-term care and conservation. 3. the process for selecting artists or consultants. 4. the artist's involvement with this project. S. the community involvement with this project. 6. how your plans address ADA and Section S04 accessibility requirements. • • Jonathan Clowes "SOARING SPIRITS" K# i y 6.r . ~ ;q Y,'i ri {.~ -. :j E " 1 ,~ y yy ~'}t- § 5`' f~ i .j ~. 3 q ~~~~ ~~' N ,~~ ~ ~ - tk4 A S ~ _ ~ 11 _ ry ~ ~~~~ SY t' ~ .1~ x~. P ~ ~ `, .~A ~ ,fir ,~,.~n I ~ ~ 1'A ~_. ~ '~,u a ~. ~ ~~ .~ ~~ ~ ~~ ~ v ~ •"s ~ r~IM ~~ ~P ltd ~4. ` ~ ~ ~!` ~ ~` a F~ .fir .~~~' '~^ ~ x hi~s~uN ~ x. 4y~*r~r~~3. ~~~, ~Y ~ •n~ Pik - ~ `~ ' ~ ,~Y i` ~' ' ~, ~ Mw'.,~'~ - .. a ~K i ,~_ r~H4~p,~ ' ~ ,~.. ~" ,~ if ° n "°"~~ ~~ ° ~ _ , a ~:~ ~~.,.~` x~ ,,,,,{ .. ~'` ~v~'' ~* uiq ~ dN ~s5 psi' ~NV:~~p„~, ~ ~,~ P ~ ~~ r .. _ s ~~, q ,~ -R ,c ~~ a,hn, ~ n r ~oa, ~- ~_ -. ~, January- 18, 218 Department Reports MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-A-3 REQUEST Reappointment of Nancy Rountree to the Meridian Arts Comm. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: MaterWis presented at pubik meetings shall become properly of the Ctiy of Mer(dlan. 1_22.o~G ip-A - 3 NANCY A. ROUNTREE 2696 N. Greenbelt Place, MericBwz, ID 83646 Telephone: (208) 888-2731 Cell: (208) 841-1156 January 10, 2008 Ms Tammy De Weerd Mayor, City of Meridian Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 RE: Meridian Arts Commission Reappointment Dear Mayor De Weerd: RECEIVE] .SAN 1 4 2008 CITY OF MER{DIAN MAYOR'S OFFICE I am interested in being reappointed for another term as a commissioner in seat 1 on the Meridian Arts Commission. In the inaugural year, 2007, the commission established bylaws, a vision and mission statemem, and goals. Now, the commission is ready to begin applying for grants and soliciting community sponsors for major public art projects for Meridian's new city hall. I am extremely excited about this coming year and hope to continue as a commissioner. I know the commission will work with passion and diligence to complete this major effort. Thank you for your time and consideration. Best regards, ~r~l' ~~~(L ~~~,t,~J 1~h~,(~, Nancy Amo~Rouirtree ,' January 18, 2008 MERIDIAN CITY COUNCIL MEETING C~ Department Report January 22, 2008 APPLICANT Mayor's Office ITEM NO. 6-A-4 REQUEST Resolution No. Establishing a Seventh Seat on the Meridian Arts Commission and Appointing a Youth Member to Seat Seven AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aRached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. t-2z ~g RESOLUTION NO. ~ v ~ '~ ~`~ CITY OF MERIDIAN BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA REGIONAL TRANSPORTATION AUTHORITY 8~ LOCAL OPTION SALES TAX IBY THE CITY OF MERIDIAN TO SUPPORT LEGAI L~TIRANSPORT A ON GOVERNMENTS TO E OTER APPROVAL OIF AN ASSOCIATED LOCAL AUTHORITY AND SEEK V OPTION SALES TAX AUTHORITY. WHEREAS, the population of Ada and Canyon counties is projected to be over one million by the year 2030; and WHEREAS, community leaders in the regiance economic development transportation system is critical to sustain and enh opportunities; and WHEREAS, rapid growth in the region will c con est on and negative mpacts vehicles on our roads, resulting in increased traffic 9 to air quality; and WHEREAS, Communities in Motion, the rdegios~o~ 9 of at least $1.7 bill on plan for Ada and Canyon counties, projects a fun g forthe construction, operation, and maintenancde of critical transportation systems, inclusive of roadways and transst, by 2030, a WHEREAS, Idaho is one of four states that does not provide either state funds or local option taxing authority fo.r local public transportation funding; and WHEREAS, local govemments are notes pinho{ozencreaseltheosa e'sl tax fo~ ask their citizens at the polls if they are 9 transportation projects; and WHEREAS, on this date, the City of Meridian reviewed the draft legislation. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MERIDIAN:: Section 1. That the City of Meridian supports legislation allowing local govemments to establish a Regional Tra'oscpaol o tt on sales tax fordt ansportaton. authorization to seek voter approval of a p Regional Transportation Authority & Local Option Sales Tax Page 1 of 2 Reg Resolution Res • January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Mayor's Ofi:ice ITEM NO. b-A-S REG2UEST Appointment of Jonathan Stucker to the Meridian Arts Commission Seat #7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Legal Department / IT Department ITEM NO. b-~-1 REQUEST Training and Education Reimbursement for Keith Danielson AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATtORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See atNaehed OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become property of the CNy of Meridian. ,22-® Y • ~.~Y[ ~ Ip ~o~xo December 31, 200? MEMORANDUM TO: Mayor & City Council FROM: Terry Paternoster, IT Manager RE: Training and Education Reimbursement i ~k~t~1 ~!5:~ '~~I1 ~o~+ntrea. i~:,I~ ~~~;I: 1 am requesting that we reimburse Keith Danielsen $1000 per semester for his college tuition. realize this amount is $500 over the standard rate, but the following plan outlines how this is a benefit to both the employee and city. The IT Department budgets enough money to provide each full time employee with 40 hours of computer training. The cost for training is typically between $1750 and $3500 per plass. In addi8on to the expense for the class, the city loses the benefd of the employee's service while they attend the training, which easlty costs an additional $1000 to the City in lost labor. Keith is currently attending Boise State University full-time in pursuit of a BBA in Computer Information Systems in his off hours. Thls degree is typically required for the position in which Keith serves, IT Network Specialist, howev®r we over-looked this requirement at the time of hiring Keith since Keith was enrolled in the CIS program at BSU and had over 10+ years of experience in the IT profession. Rather than sending Keith to a 40 hour a week training course, we wish to increase Keith's tuition reimbursement by $500 per semester. This helps to offset the high cost of tuition to Keith, but at the same time it will save the City $1000 in training expense and give us one additional week of labor. Your consideration ~ appreciated. Best regards, Terrance Paternoster Information Technology Manager 208.888.4433 ®xf" 23S ~ ~,.~-e Information Technology . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-8848119. www.meridiancity.org :CITY ~A~ M~RIDtAN ~IPP~ICATtt?N.~FOit'E~t'iC~1Ti0N SI$`IrANCE ~,. ~• ~~: _ Empto~be:•Name {Las#; ~ir~, •~u11: Emp. # - :Social Seaf~+ Nuii~4e Oepacbri~iht' fe-ot setgoo~ YQ4~:RI"~ri'tc "att~d: .. _ .~:`.'g~. ~ ~' - _ ...a L'~' D'e~r,8e Ptcirn • E~' C-eitlflcate=Pr+ogir•~,m. d •Sg. .0 t~oA~cte~re~:prc~°airt • ~~ ~•~•Su~_,h~er •JO~ . - - = - - - _ .. "Speatfy oep . ~ cats ' U'iA;SR,MeA, Mc~r ,c~r•., ~c)~ •Nr _~ _ : :5.~ ;..F -.,.. - -_ From: ~ t~: Tg:• -- . t . .. Ycfaf s~ratlan-and tutttbn• cost: • r ser~-es era $ ~. ~ ~ 1t _ - - _ E~gitatR`faow tlie. C~ii`SBi($~'75-.~'Ob l~@I~t6d2 - ~~Y{ J. '•~? ~'I.~~r. ~'~`. ,~;j,D Ittarld'#hat.l~tl'15e~r ~ . GC~rtheCi . -' . Ct~ s•`dorrelatetolt~ae, .GUmenf• ositlan`oris~ edc~c.~~gl'-~t a'ssis'tadce ~r~~am, prc'vid ~~dhat I ~am sfttl parfiof ~ d~ee pfogram -sartpfQy~~y~ .' ' ~, U' ~~r~OOfiofsatisfe.~ory, ~~.(: _ l:N~L'OYE~.56GI9AT4iR'E. - DJt • DEP+4RlfbENr'E1EAD SItiMAT{ Ql-~ ~. O_G'~:a~le{s}and rece~pteat~aed. ~Ai~ou~tfDue~ ___ -- :10.voaw~t t~tunlEie,~ -- - 'Ghsck:d` _ _ - ~-~u~~. ._ _ - - • #{t~f~1P~~P.SOF~tC~'.1.~1Gp[01181'`._ _- Q71t@> - - - - :un~ P~sy~b~e•-~4YFittg~ I~~ia_ip ~R~oi~esrYetlovii.• Emplay~,e-:PI'rak. H}~~O~g. ~/~2 . s • ITM 305 Section Component Description Grading Grade Units S~tus Option Clasa#:75086 002 Lecture IT & Networking Essentials Graded B 3.00 Enrolled Sessions Location: lnstructton Mods ~ Regular Academic Session Boise Campus In Person S:OOPM 9:OOPM Wed Business Building 6218 08/27/2007- 12!141200' Instructor. Minch,Robert P Class Notes ~._... _...._.__._. __. _. _ ._._ .-~ -------- _ -- W.~ iTM 305E Benson Component Description Grading Grade Unim Status Option Class#:75087 002 Laboratory IT 8c Neiwotk Essentlals Lab Graded B+ 1.00 Enroll ~i~, Location: Instru~ion Mode Regular Academic Session Boise Campus In Person 9:OOPM 10:OOPM Wed Business Building 8216 08!27!2007- 12/14/200' instructor. Cavaiani,Thomas _ r-..~n.~..~...~...~......._..-..~~..r.~.....+•........-........~.~.n.~.~..~.~...~.w.~~.. gyn...... ....n .. .. ...... .~. y class a~ ITM 315 ~ Secdon Component Description Grading Grads Units Status Clas~:70221 001 Ledure Daisbase Systems Graded C 3.00 Enrolled Session: Location: Instruction Mode Regular Academic Session Boise Campus In Person 6:OOPM B:OOPM Mon Business Budding 6204 08127/2007- 12/14!200' instructor. Wojtlcowski,Waclaw G a .~ ~ + View Your Account Item .Detail This is your official Boise State University Statement IDs 112089237 +~~~ Danielsen,Keith AA Account FEES001 Description: Fa112007 Account 0.00 Nbr. Balance: with CredR Card or G 1-f of 7 ~? Last Description last Activity Date 1 Health Insurance 06/29/2007 2 Fah Fees 06/29/2007 3 intermediate Algebra Spec Fee O7/10/ZQ07 4 Class Fee - Ir>fomlation System O7H0/ZQ07 5 Fed'I Subsidized Ford DiredLn 0811712007 6 Federal UnsubFoni Direct Loan 08!17/2007 7 Health Insurance Waiver (Auto) 06/29/2007 lam Due Date Amount Item Balance i 630.00 0.00 2205.00 0.00. 0.00 0.00 25.00 0.00 -1230.00 0.00 -1000.00 0.00 X30.00 0.00 • January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Request for a Refund of Application Fees for North Phyllis Canal Project Comprehensive Plan Text Amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became properly of the city of Meridian. • ~rE IDR IAN~- IDAHO January 11, 2008 MEIVIORAI~IDUM TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner MayorTamrny de Weerd City Council Members: Keith Bird Joe Gorton Charles Rountree David Zaremba '` ~~. ~~~IV~ f~i~ a ( `Y CITY OF MERIDIAN CITY CLERK OcFICE RE: North Phyllis Canal Project -Comprehensive Plan Text Aniendmern (CPA-0?-0I5) Staff is requesting that the City. Council consider refunding the application fees that the applicant, Sherrie Ewing, paid for the Comprehensive Plan Text Amendmern for the North Phyllis Canal Project. The reason for the request is that Staff advised the applicant to apply for a text amendment when a map amendment would have been sufficient to accomplish the applicant's purpose. Staffdid not spend a substantial amourn oftime reviewing the text amendment request and the noticing fees only amounted to $S.88. The applicant originally paid $606.00 in application fees for the tent amendment. Stab is requesting that the applicant receive a refund of $600.12, the amount paid less the noticing fees. • January 18, 2008 Department Report MERIDIAN CITY COUNCIL MEETING' January 22, 2008 APPLICANT Parks Department ITEM NO. 6-D-~ REQUEST Proposed Name for City Park in Tuscany / Messina Meadows of Renaissance Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See aBached 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 meeflngs shall become properly of The City of Meridian. • • ~ ~ ~ ~ ~ gECE~ Memo ~N16~ To: Mayor /City Council Cc: Will Berg From: Steve Siddoway, Parks & Recreation Director Date: ]arFUary 18, 2008 Re: Proposed Name for City Park in Tuscany/Messina Meadows During the December 12, 2007 Parks & Recreation Commission meeting, the Commission discussed the name for the park located in Tuscany/Messina Meadows Subdivision. The Commission recommends that the park be named Renaissance Park. If, for any reason the name Renaissance Park is not acceptable, the Commission is also forwarding an alternate name of Shakespeare Park for your consideration. Previously, the Parks and Recreation Commission had recommended the name Verona Park. However, this name was not approved due to potential confusion with the Verona Subdivision located in North Meridian. The Commission then solicited the full list of names suggested by members of the homeowners association for considerartion. Both names `Renaissance Park' and `Shakespeare Park' are on the list of potential names suggested ~y local residents and are the top choices of the Commission. The Parks & Recreation .Commission is requesting approval of the name by the Mayor and City Council. • i January 18, 20Q8 Department Report MERIDIAN CITY COUNCIL MEETING January 22, 2~8 APPLICANT Building Department -Bruce Freckleton ITEM NO. 6-E-1 REQUEST Update on the Status of 1535 North Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 18, 2~8 MERIDIAN CITY COUNCIL MEETING January 22, 2~8 APPLICANT ITEM NO. 6-~-~ REQUEST Council President Appointment of Department Liaisons: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented qt public meetings shall become properly of the CNy of Meridian. • • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. S REQUEST Presentation and Discussion of the 2006 International Building Code by Bruce Freckleton AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • a January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. 9 REQUEST Ordinance No. :Adoption of the 2006 International Building Code 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: E 'I d• COMMENTS See attached Date: Phone: male ~~U~~ nuncaia. Materials presented at public meetings shall become property of the City of Meridian. l . I • CITY OF MERIDIAN ORDINANCE NO. U g _- BY THE CITY COUNCIL: BIRD, ZAREMBA, ROUNTREE, BORTON AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE MERIDIAN CITY CODE REGARDING ADOPTION OF THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE, 2006 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AND 2006 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE; AMENDMENTS TO THE ADOPTED CODES; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. ' BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 1 of the Meridian City Code is amended to read as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUII.DING CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL RESIDENTIAL CODE: There is hereby adopted by the Mayor and the City Council, for the purposes of regulating the erection, construction, enlazgement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; and providing for penalties for the violation thereof, certain building codes known as the International bBuilding sCode, International Residential eCode, - V-lid-~ and International eEnergy eConservation eCode, ' mete published by the International Code Council, being pazticulazly the 2006 editions thereof and the whole thereof, , > > and the same are hereby adopted and incorporated in full as if set forth at length herein, including al_1 appendices thereto, save and except such portions as hereinafter deleted. modified or amended by section 10-1-3 of this chapter. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the City. 10-1-3: AMENDMENTS TO ADOPTED CODES: The following amendments to the adopted codes shall apply: A. Section 105.1 iInternational bBuilding eCode shall be ~ amended with the addition of subsection 105.1.3,. to provide as follows: ADOPTION OF 2006 INTERNATIONAL BUILDWG CODE PAGE 1 OF 4 ~, 105.1.3 Permits Required For Prefabricated And Mobile Structures: No prefabricated structure, mobile home, or house trailer shall be installed, erected, constructed, enlazged, altered, repaired, moved, improved, removed, converted or demolished unless a sepazate permit for each building or structure has fast been obtained from the bBuilding eOfficial. B. Section 108.2 }International bBuilding eCode shall be ax amended to provide as follows: 108.2 Permit Fees. The fee for each permit shall be as set forth pursuant Ito a schedule of permit fees as established by resolution of the City Council. The determination ~of value or valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building_nermit valuation shall be set by the Building Official for all permits that require initial estimated valuation and final estimated valuation ~ the applicant. C. Section 312.1 iInternational bBuilding eCode shall be a~d~e-~sa~s amended with the deletion of the requirement for agricultural buildings to comply with the International eEnergy eConservation eCode. D. Section 1805.4 }International bBulding eCode shall be e-s~s amended with the addition of subsection 1805.4.5 and~89~4:~ to provide as follows: 1805.4.5 Wood. Regazdless of the provisions of the }International Residential eCode, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, ~ for footings or foundations. E. The appendices of the International Building Code shall be amended with the deletion of Appendix A. F. The International Residential Code shall be amended with the deletion of Parts VII and VIII. G. Section R402.1 }International Residential eCode shall be e~d~e-sen3e~s amended to provide as follows: R402.1 Wood.. Regardless of the provisions of the (International bBuilding eCode, tlu~s chapter, related chapters, appendices or tables, the eCity of Meridian shall not allow the use of wood, treated or otherwise, ~e-used for footings or foundations. H. Section R309.2 iInternational Residential eCode shall be aa~e i~s amended to provide as follows: R309.2 Walls and ceiling of garages shall be covered with not less than 5/8-inch (15.9 nun) Type X gypsum boazd or equivalent. ADOPTION OF 2006 INTERNATIONAL BUII,DING CODE PAGE 2 OF 4 rJ I. The appendices of the International Residential Code shall be amended with the deletion of Appendix I,. 10-1-4: MOBILE HOMES, TRAILER HOUSES AND PREFABRICATED STRUCTURES: Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel within the City shall be considered as a building or structure subject to regulation by the ~3 International Building Code as adopted and amended by this chapter. 10-1-5: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this chapter or of the International Building Code, International Residential Code, parts I-VI and IX, and International Energy Conservation Code, as adopted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the board of appeals as provided for under section 112 of the International Building Code or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor . The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions aze maintained shall constitute a sepazate offense. B. Removal Of Prohibitive Conditions: The application of the above penalties shall not beheld to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City Council may institute a civil action in the District Court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act ar practice constituting a violation of this chapter, a perrni-t or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. The City Council shall not be required to furnish any bond in said civil proceeding. ADOPTION OF' ZOOf) INTERNATIONAL BUII.DWG CODE PAGE 3 OF 4 ~~ • electrical mechanical plumbing fire or specialized in nature without first obtaining each and every reguired_permt. shall, upon application for such permit or nenmts, , pay a doubled hermit fee or fees as established by fee schedule. This provision shall not apply to emergency repair work performed during off-business hours, where such emergencY,renairwork is undertaken in order to reinstate operational status, so long as each and ever~pplicablepenmit is obtained on the next business day. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full City Council, the rule requiring two (2) sepazate readuigs by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly. This ordinance shall be in full force and effective on the 2Jr' ''day of ~,e~f ~-Gt,A~ ~-vj , 2008 after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 2<i ~ day of ~GZ~'+~G~Gtn..yl , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~?/ day ~of ~~ h.Gt..Gti-. GI , 2008. 7-- ••~nn~ n~,,,. ADOPTION OP 2006 INTERNATIONAL. BUILDING CODE PAGE 4 OF 4 ,~ January 18, 2(308 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. ~ O REQUEST Presentation and Discussion of the 2006 International Fire Code by Joe Silva AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: S®e arttached 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 of public meetings shah become property of the City of Meridian. • • January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. ~ ~ REQUEST Ordinance No. :Adoption of the 2006 International Fire Code AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached 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. ~ ~ CITY OF MERIDIAN ORDINANCE NO. ~~ _ l 3 ~~ BY THE CITY COUNCIL: BIRD, ROUNTREE, BORTON, ZAREMBA AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, OF THE MERIDIAN CITY CODE, REGARDING ADOPTION OF THE INTERNATIONAL FIRE CODE, 2006 EDITION; AMENDMENTS TO THE INTERNATIONAL FIRE CODE, 2006 EDITION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. 'That Title 10, Chapter 4, of the Meridian City Code is amended as follows: 10-4-1: INTERNATIONAL FIRE CODE, 2006 EDITION, ADOPTED: There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use ofhazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions,-ate terms, and appendices of such International Fire Code, 2006 edition, published by the International Code Council, Inc., one copy of which has been and is now on file in the office of the Meridian city clerk and the same are hereby adopted and incorporated as fully as if set out at length herein_ with the revisions, additions, and deletions thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions frie~ee~of the International Fire Code, 2006 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the .limits of the city of Meridian, county of Ada, state of Idaho. 10-4-2: AMENDMENTS TO THE 308-3 INTERNATIONAL FIRE CODE. 2006 EDITION: The following amendments to the International Fire Code, 2006 edition (hereinafter "IFC"1, shall applk .. net-be-~~id: ORDINANCE -ADOPTION OF 2006 INTERNATIONAL FIRE CODE PAGE 1 of 9 c: A.1FC section 103.2 APPOINTMENT shall be amended to read as follows. The code official shall be the fire chief of the sdie~ienCityof Meridian. In the absence of the fire chief, the deputy chief/fire prevention or designee shall be the code official. B. IFC section 103.3 DEPUTIES shall be amended to read as follows. In accordance with the prescribed procedures of ~distien the City of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical officer, inspectors and other employees. C. IFC section 104.1 GENERAL shall be amended to read as follows. The fire code official is hereby authorized to enforce the provisions of firms-teethe IFC as herein adopted and amended and shall have the authority to render interpretations of sedethe IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of ~ssuch provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of his-sedethe IFC as herein adopted and amended and shall not have the effect of waiving requirements specifically provided for in t#is-eedethe IFC as herein adopted and amended. The fire chief is authorized to administer and enforce firms-eedethe IFC as herein adopted and amended. Under the fire chief s direction, the fire department is authorized to enforce all ordinances of the ~sd}sHeuCity of Meridian pertaining to: a. the prevention of fires; b. the suppression or extinguishment of dangerous or hazardous fires; bc. the storage, use and handling of hazardous materials; sd. the installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment; de. the maintenance and regulation of fire escapes; e_f. the maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; g. the maintenance of means of egress, and h. the investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority related to control and investigation of emergency scenes, see IFC section 104.11 shall a~lv. .. - , ORDINANCE -ADOPTION OF 20U6 INTERNATIONAL FIRE CODE PAGE 2 Of 9 ~ ~ D. A new section shall be added to the provisions of the IFC as follows. Section ~ 104.6.3 RECORDS. Eerie-a€-`The fire department shall retain for not less than five (5) years a record of each investigation made showing the cause, the findings and disposition of each investigation.'-' . ~ E. A new section shall be added to the provisions of the IFC as follows. Section 104.10.2 FIRE PREVENTION PERSONNEL AND POLICE. The fire chief and fire prevention personnel shall have the powers of a~olice officer in performing their duties under this code. When requested to do so by the fire chief, the.chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. F. A new section shall be added to the provisions of the IFC as follows. Section 105.1.1.1 FIRE DEPARTMENT PLAN REVIEW. All Eer~ersi~ building plans ~ for commercial buildings~residendal buildings, tenant improvements and changes of occupancy classification of a building er-any~geFeef shall be submitted to the €rre fire chief or designee for review for compliance with the ' the IFC as herein adopted and amended. G. A new section shall be added to the provisions of the IFC as follows. Section 105.3.8 WORI~TG WITHOUT PERMIT. Anv person who commences or causes the commencement of work for. which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not .apply to emergency repair work performed during off-business hours, where such emergency repair work i~s undertaken in order to reinstate operational status. so lone as each and ~everv applicable errrmit is obtained on the next business day. H. IFC section 109.3 VIOLATION PENALTITS shall be amended to read as follows. Persons who shall violate a provision of firms-sedethe IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of t#is~Eedethe ORDINANCE -ADOPTION OF 2006 INTERNATIONAL FIRE CODE PAGE 3 of 9 ~ ~ IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. I. IFC section 111.4 FAILURE TO C0IVIPLY shall be amended to read as follows. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, and shall be liable to a fine of not less than $100.00 dollars and not more than $500.00 dollars. J. A new section shall be added to the urovisions of the IFC as follows. Section 501.4.1 FIRE HYDRANT INSTALLATION TINmvG. All necessary fire hydrants shall be installed and operational before any combustible materials, as such term is defined by Section 703.4 of the 2006 International Building Code, may be brought onto the site. Failure to comply with thisprovision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. > > ~- ~ ~ , K. IFC section 901.6.2 RECORDS shall be amended to read. as follows. Records of all required system insuections, test and maintenance shall be maintained on the premises for ORDINANCE -ADOPTION OF 2006 INTERNATIONAL FIRE CODE PAGE 4 of 9 • • a minimum of three f3) veazs. AnYperson undertaking such system inspections tests andJor maintenance shall deliver a copy of such records to the fire chief. L. IFC section 903.3.7 FIRE DEPARTMENT CONNECTIONS shall be amended to read as follows. The location of the fire dep_ artment connection shall be within one hundred feet (100') of a fire hydrant. M. A new section shall be added to the provisions of the IFC as follows. Section 903.4.1.193:4:-~4: ALL BIJII.DII~TGS THAT ARE REQUIRED TO BE SPRnvIQ.ERED. `-`Ari approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor.'-' N. A new section shall be added to the provisions of the IFC as follows. Section 903.4.2.2 ALARMS. Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 131ocated above the fire department connection. Such audible and visual alarms shall be activated by water flow equivalent to the flow of o-single one 1 sprinkler of the smallest orifice size installed in the system. . Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. O. IFC section 903.4.3 FLOOR CONTROL VALVES shall be amended to read as follows. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. P. A new section shall be added to the provisions of the IFC as follows. Section 903.4.4 LOCATION OF-FIRE SPRIIVKI.ER CONTROLS. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door. O. IFC section 906.1 WHERE REQUIRED shall be amended to read as follows. Portable fire extinguishers shall be installed in the following locations: 1 In all Group A B E F H I M R-1 R-2 R-4 and S occupancies without exception 2. Within 30 feet (9144 mrn) of commercial cooking_equi~pment. 3. In azeas where flammable or combustible liquids aze stored, used or dispensed. 4. On each floor of structures under construction, except GrouQR-3 occupancies, in accordance with Section 1415.1. 5. Where required by the sections indicated i~n Table 906.1. 6. Special-hazazd azeas, including but not limited to laboratories computer rooms and generator rooms, where required by the fire code official. ORDINANCE -ADOPTION OF 2006 INTERNATIONAL FIRE CODE PAGE 5 Of 9 ~ ~ 907.1.1 Construction documents. Construction documents for fuue alarm systems shall be submitted for review and approval prior to system installation. Construction documents shall include, but not be limited to, all of the following: 1. A floor plan. 2. Locations ofalarm-initiating and notification appliances. 3. Alarm control and trouble signaling equipment. 4. Annunciation. 5. Power connection. 6. Battery calculations. 7. Conductor type and sizes. 8. Voltage drop calculations. 9. Manufacturers, model numbers and listing information for equipment, devices and materials. 10. Details of ceiling height and construction. 11. The interface of fire safety control functions. 12. Fire alarm drawings shall be stand alone and drawn to 1/8" scale. 13. Declaration of occupancy classification(s). R. A new section shall be added to the provisions of the IFC as follows. Section 907.1.3: NON-REQUIRED FIRE ALARM SYSTEMS. Where fire alarm systems not required by the ' IFC as herein adopted and amended or other provision of law are installed, the any and all notification devices shall meet the minimum design,-and installation, and occupant notification requirements for systems; which are required by the IFC as herein adopted and amended or other provision of law. . S. A new section shall be added to the provisions of the IFC as follows. Section 907.1 _43.1-~. PARTIAL OR LIMITED FIRE ALARM DETECTION SYSTEM Where partial or limited fire alarm detection systems are installed. ~€' any and all notification devices .. shall meet the minunum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm svsterns. T. The followinn sections of the IFC shall be deleted. Sections 3301.1.3, 3301.2.2, 3301.2.3, 3301.2.4.2, and 3308.1 through 3308.3 are hereby deleted from the International Fire Code. ORDINANCE -ADOPTION OF 2006 INTERNATIONAL FIRE CODE PAGE 6 of 9 U. IFC section 3404.2.13.1.3 UNDERGROiJ D TANKS UUT OF SERVICE FOR ONE YEAR shall. be amended to read as follows. Underground tanks that have been out of service for a period of one 1~ year shall be removed from the ground in accordance with section 3404.2.14 or abandoned in place in accordance with section 3404.2.13.1.4. Upon approval of the fire chief, underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in title 40, section 280.20; or 280.21, of the Code of Federal Regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance and release detection requirements of the federal rules. V. IFC section 37Q4.2.2.7 TREATMENT SYSTEMS shall be amended to read as follows. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, and local exhaust systems required in sections 3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with sections 3704.2.2.7.1 through 3704.2.2.7.5 and section 510 of the international mechanical code. Upon approval of the fire chief, emergency response kits recommended by the Chlorine Institute maybe used for chlorine gas product leaks in lieu of the treatment system requirements of this section, as long as there are adequate responders immediately available, who are trained in their use and acceptable to the fire chief. W. IFC-`Chapter 45 REFERENCED STANDARDS" Where National Fire Protection Association Standards are referenced, including,. but not limited to NFPA Standards 13, 13R, 13D, and 72, suchprovisions shall refer to the 2007 editions of the National Fire Protection Association Standards. > > URDIIVANCE - ADOPTION OF 200E INTERNATIONAL FIRE CODE PAGE 7 of 9 X. IFC section A101.3.2 VACANCIES shall be amended to read as follows. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Members appointed to fill a vacancy in an unexpired term shall be eligible for reappointment to two Mull terms. If the unexpired term cannot be filled by nomination by the fire code official or the Mayor ~isclist~, then the members shall be able to pursue a member outside of the terms as eked set forth in section A 101.2, Y. IFC section B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS shall be amended to read as follows. Only non combustible construction, as such term is defined in the 2006 ~Internationa~l bBuildings eCodel sections 703.4, 703.4.1, 703.4.11 will be allowed until the full fire flow as required by appendix B 105 wand fire hydrants locations and distribution aze provided per appendix C aze made serviceable. Z. IFC section D107.1 ONE- ORTWO-FAMILY DWELLING RESIDENTIAL DEVELOPMENTS shall be amended to read as follows. Developments or portions of a development of one- or two-family dwellings where the number of dwelling units excels fifty 50 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of section D104.3. f~~ Exceptions: 1. Where a development or portion of a development serving more than fifty (50,) dwelling units has only a single public or private access way and all dwelling units in the entire development aze_protected by an approved residential sprinkler systems,. access from two directions shall not be required. 2. The number of dwelling units on a single fire appazatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. AA. Anew section shall be added to the provisions of the IFC as follows. D107.2 REMOTENESS. Where two access roads to a one- or two-family dwelling residential development aze required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full City Council, the rule requiring two (2) sepazate readnigs by title and one (1) reading in full be, and the same is hereby, dispensed with, and accorduigly. ORDINANCE -ADOPTION OF 200b INTERNATIONAL FIRE CODE PAGE 8 of 9 • t~ This ard~inance shall be in full force and effective on the ZS day of /c.~ b ~ cc, a,h~ 2008 after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 22"~ day of V ~ h ~-~- ~l , 2008. d APPROVED by the- Mayor of the City of Meridian, Idaho, this 22 "'-day of cTGt ~,,u-cvt- ~ , 2008. ORDINANCE -ADOPTION OI: 2006 INTERNATIONAL FIRE CODE PAGE 9 of 9 January 18, 2008 • MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT ITEM NO. ~ 2 REQUEST Request for Reconsideration of Denial for the Rezone for Strada Bellissima Subdivision by Strada Bellissima Commercial, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. u r-1 L January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 RZ 07-013 APPLICANT Strada Bellissima Comercial, LLC ITEM NO. 13 REQUEST Findings of Fact and Conclusions of Law for Denial: RZ 07-013 Request for a Rezone of 1.76 acres from L-O zone to C-N zone for Strada Bellissima Commercial - NWC of Meridian Rd 8~ Victory Rd at 114 and 156 W. Victory Rd (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Request for Reconsideration See attached Findings Date: Phone: JTQTT InITIQ15: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) RE-ZONING OF 1.76 ACRES FROM LOW ) DENSITY RESIDENTIAL TO COMMERCIAL ) BY ) STRADA BELLISSIMA COMMERCIAL, LLC } APPLICANT. ) u Case No. RZ 07-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on March 4, 2008, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department and Richard Evans representing Strada Bellissima Commercial, LLC, Meridian, Idaho, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Fuidings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for March 4, 2008, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ,4ND ORDER OF DENWL STRADA BELLISSIMA; CASE NO. RZ 07-013 ~ PAGE 1 OF 5 • • under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on March 4, 2008, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ord%nances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. OZ-382, and reaps and the ordinance Establishing the Impact Area Boundary. _ 4. The property is approximately 1.76 acres in size and is generally located at the northwest corner of Meridian Road and Victory Road in Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, state of Idaho. 5. Strada Bellissima Commercial, LLC, whose address is 9560 W. Pebblebrook Lane, Garden City, Idaho 83714, is the current property owner and applicant. 6. The subject property is currently zoned L-O (Limited Office District). 7. The Applicant requests the property be zoned C-N (Neighborhood Business District). The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL STRADA BELLISSD4IA; CASE NO. RZ 07-013 PAGE 2 OF 5 u 8. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: to allow retail and restaurant uses adjacent to the existing residential development. 10. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as L-O (Limited Office). CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the azea of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-SB-3 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §SO-222 govern the conditions upon which the City rnav exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for re-zoning is denied for the following reasons: The proposed development is not compatible with the surrounding area if zoned C-N. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL STRADA BELLISSIMA; CASE NO. RZ U7-013 PAGE 3 OF 5 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-$003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code §67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~~` day of March, 2008. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED COUNCILMAN JOE BORTON VOTED ~~~' COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ DATED: ~ (I~1(t11 S~ _ ZOO MOTION: APPROVED: ~_ DISAPPROVED: FINDMGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL STRADA BELLISSWIA; CASE NO. RZ 07-U13 PAGE 4 OF 5 CJ Capy served upon Applicant, the PIantl~l'grnf~~ Department, and City Attorney. By • Cler 's Office ~~ Dated: ~' a5 ~ 0 Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL STRADA BELLISSAAA; CASE NO. RZ 07-013 PAGE 5 OF 5 January 18, 2008 CITY COUNCIL MEETING: January 22, 2008 AZ 07-013 APPLICANT Equity Development ITEM NO. ~ 4 REQUEST Public Hearing -Annexation and Zoning of 4.92 acres from RUT to an R-4 zone for Matador Subdivision - 1235 E. McMillan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See attached P>I<Z Item Packet /Minutes See attached Recommendations OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • January 18, 2008 PP 07-017 CITY COUNCIL MEETING: January 22, 2008 APPLICANT Equity Development ITEM NO. ~ Jr REQUEST Public Hearing -Request for Preliminary Plat approval for 1 bsingle-family residential lots and 3 common lots on 4.92 acres in a proposed R-4 zone for Matador Subdivision - 1235 E. McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS See attached P8~Z Item Packet /Minutes See attached RecommendaAons Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. J January 18, 2008 CITY COUNCIL MEETING: January 22, 2008 RZ 07-015 APPLICANT Linda Loehr ITEM NO. ~ 6 REQUEST Public Hearing -Rezone of .28 of an acre from an R-8 zone to an O-T zone for 6th and Broadway Property - 532 E. Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: COMMENTS See attached Minutes See attached Memo ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • January 18, 2008 MERIDIAN CITY COUNCIL MEETING: January 22, 2008 PP 07-020 APPLICANT Providence Development Group, LLC ITEM NO. 18 REQUEST Public Hearing -Preliminary Plat approval consisting of 848 residential building lots and 100 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock -south of E. Amity and west of S. Eagle Road AGENCY CITY CLERK: STATE CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOQL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: COMMENTS See attached P>~Z Item Packet /Minutes See attached Letter from State Senator See attached Memo /Recommendations See attached Comments See attached Comments OTHER: See attached Letter from Citizens /Revised Plans from Hubble Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. January 18, 2008 MERIDIAN CITY COUNCIL MEETING: January 22, 2008 P U D 07-001 APPLICANT Providence Development Group, LLC ITEM No. 19 REQUEST Public Hearing -Approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock -south of E. Amity and west of S. Eagle Road AGENCY CITY CLERK: STATE CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: COMMENTS See attached PS~Z Item Packet /Minutes See attached Letter from State Senator See attached Memo /Recommendations See attached Comments INTERMOUNTAIN GAS: OTHER: See attached Letters from Citizens ~ Revised Plans Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 18, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Mike Redden VAR 07-019 January 22, 2008 ITEM NO. 2O REQUEST Public Hearing -Variance to UDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet for Redden - 1418 N. Vineyards Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. • January 18, 2008 AZ 07-015 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Marshall Williams ITEM NO. 21 REQUEST Ordinance No. :Annexation and Zoning of 1.88 acres from RUT to an R-2 zone for the property located at 1650 Dunwoody for Dunwoody Property 1650 Dunwoody AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached OTHER: Contacted: Date: Phone: Materials presented at public meeflngs shall become property of the City of Mertdlan. Aoa couHrr RECOnaE~ a. oavui ~avA~6 a~ouur-~ :oo -~^s~~~ BOISE IDAHO fl21fl7J08 1fl.65 AM ~ DEPUTY Bonnie OberbilEp III ~~~„IIIIIII;IIIIIIIIIIIIIIII III III RECORDED-REQUEST OF i@8013635 Meridian City CITY OF MERIDIAN ORDINANCE NO. ~~~ ~`~ 7 BY THE CITY COUNCIL; BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-015 DUNWOODY PROPERTY) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF DUNWOODY SUBDIVISION AND ALL OF LOT 1, BLOCK 1, DUNWOODY SUBDIVISION, LYING IN THE SW '/ OF THE NW '/ OF SECTION 29 TOWNSffiP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF' MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Markar Design & Construction, Inc. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-07-015 DUNWOODY PROPERTY Page 1 of 3 • • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with. the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half {1l2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, tlus 22 day of ~~1~L~/L ~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2'2 day of ~~'t ~ , 2008. MAYOR de WEERD ANNEXATION OF AZ-07-015 DUNWOODY PROPERTY Page 2 of 3 • A WILLIAM G. BERG, I~t STATE OF IDAHO, ) ss. County of Ada ) C,' ~ ~, ~, ~': 0 SAL ~~ ~~r Est • ~``~,. ~~''' ~ x,,,,1:1 I I I + - ~ ~ ~"~~~~ On this ~ day of , 2008, before rne, the undersigned, a Notary Public in and for said Sta ,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 yeaz first above written. (SEAL) ~~,.....~ ••~4q'M_G~~'•~• ~; ~ • ~ ~ ~ ,~ '' ~~~ •SaP4~_ - , ~;.~ .: ~~ ~ J ~~~, ~L~ NOTARY PUBLI FOR IDAHO RESIDING AT: ~~~~1® MY COMMISSION EXPIRES: ~(~-I ANNEXATION OF AZ-07-015 DUNWOODY PROPERTY Page 3 of 3 r ~ ~- ~ DEa~GRiPTION FOR ANNEXATION OF LOt 1, BI.OCIC 1, AND A PORTIO:IV OE D>INWOODY SUBDIVISION September 13, 2Q07' A PARCEL OF LAND BEING A PORTION OF DUNWOODY SUl~DIV1SION AND ALL OF LOT 1, $LOCK 1, DUNWOODY SUBDIVISION, LYING IN THE SW 114 OF THE t~W 114 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, 641SE MERIDIAN, ADA COUNTY, IDAHO; IVIORE'PARTI'CULARLY DESCRIBED AS FOLLOWS; GC}MMENCING AT THE SECTION CORNER COMIVIQN TO SECTIONS 19, 2~, 29, ANO 3~, T.3N.., R2E_, B:M., IDAHO, THENCE ALONG THEE WEST LINE OF SAhD SECTION 29 S 00°01'36" E 1328..31 FEET TO THE NORTH CORNER OF DUNWOODY S~UBD~IVISaON, A$ RECORDED~IN BOOK 53 OF PLATS AT PAGES 54$2 TMRU 5483, ADA COUNTY RECORDERS OFFi.CE; THENCE CONTINUING ALONG SAID WEST LINE OF SAID SE°CTJON 29 S 00°U1'36" E 294.86 FEET TO TI-1E REAL POINT O~ B~CyINh1iNG OF THIS D:ESCR'IPT10N; THENCE S 89°21"41," E 3D.00 FiEET TO THE EAST RIGHT' OF WAY OF N. LOCtJS;T` CR4VE ROAD; .,ALSO ~Ei:~UG.THE NORTHINE:ST CORNER OF LOT 1, BLOCK 1' bF.- ' SAID DUNWOODY SUBDIVISION; ~ ~ ' THENCE CONTINUING S 892'I'41 ". E 210.00 FEET TO THE NORTH EAST CORNER OF SAID LOT 1, $LOCK 1, OF SAID DU.NWOODY SUBDIVISION; THENCE S 00°0.1'36" E 840.24 FEET TO A PO.LNT ON TH.E CENTERLINE OF ~ • ~- 'DUNW'OODY COURT; ~ ~ • THENCE ALONG SAID CENTERLINE OF DUNWOODY COURTS 8940'16" W 239.99 FEET TO A POINT ON SAID WEST LINE OF SAID SECTION 29, ALSO BEING THE CENTERLINE OF N. LOCUST GROVE ROAD; THENCE ALONG SAID WEST LINE OF SAID SECTION 29 N ~0"01'36" W 344.29 FEET TO THE REAL P01NT OF' BEGINNING OF THIS DESCRIPTION, SAID DESCRIPTION GONTAINS 1.88 ACRES, MORE OR LESS. DEAN 111f. BRIGGS PLS 3619 REVI ~P OYA~ BY SEP 2 ~ Z007 MERIDIAN PUBLIC T~~G'~~-AI~J1~IEr`{1}-TI.OI~I:CIC» WORKS DEPT. SEP 2 ~r 2~1 ~,. ~~~+ MERIO'iAN PUBLIC • ~~~~ ~ - - - - -WORKS OEP1C 1 ~~_ s N ~+ OUNWOOOY SU9DMSK)N 120 60 0 120 240 360 n °~ -- -- - ~-- -~ SCA1;,f: IN FEET ~. ~. ~'- REA4 ~,Of B~ D 5 8 I11EGtITI,E CAP E~+ S 89'21'41" E 240.00' , :30' $?'-21'41" E 210.00 _ -' ! >' ~ ~ 1 i ~ 2 N ~ ~ pppp [S~ ~~ ~ th N _ ---- ~ ~! ° ~ ~'~ I OF 9xAdW~DY ` ' W 4f ° . 3 ~ ~ to M : ~ W ~ SUBDIYtSION ~ ~; ~ • ~ ' rn, r+t cn ' ab "' g .° I ~." j~ J O '.~ ( ~' a N °y ~ $ . p 1 i I t't ~ S B9'40'9b° 1V 189.8$' ___ _____. OlINW000Y COURT u _ - ' ~ ~' ~s as'a0•~a- w i~ 9s' - - - ~~ '- ~~~ mas oma an ,ate 3 29--._.-.-._...._. _._. ` .---- ' ~ o 0 Q. `' ~ ~"~ LOT 1, BDOCK 1 DUNWOODY SUBDIVISION LEGENO REAL POINT QF BEGINNING, FOUND 5/8° R£BARILLEGIBLE CAP FOUND BRASS OR ALUM. CAP (A5 NOTED} SET. 1/2°X24° REBAR -PLS, 3699 FOUND 5 j8bX30.° R~•9AR -PLS 7990 FOUND 1/2°X24" REBAR -PLS 7990 CALCULATED POINT -NOT SET BOUNDARY LINE SECTION' LINE CENTERLINE of ROAD RIGHT OF WAY EASEMENT LINE EXISTING PARCEL/LOT LIME EXISTING SUSDMSION s+feF~T : 1 ~ 1 I A1R+1F~tAnON FOR l0T 1, DOCK 1, MID a PoRno~ 01• Ol1feW00DY S11~1V~ION, tYING 8d 'iHE SW i/4 ~ TNE• NW B/A DvtG DATE: DY~C b0. SCALE S9Z5-ANNEX.f3WG fA1T Os./'20JU~ CMH 70926 ~°A S2o' BRIGGS ENGINEERING, INC. B.RIGG3 EMGwF.ERS PLANhtERS SURVEYORS T800 T9.OitERIAND &0-A ' BDISE, IOAHO 83705 ' (288~3iA-97{1 Tf~ase drOwinga, ar onY pnrleon Uwsot, sko@ tm! ba use oA oM' Woject or extrna~ans of this Rojsel aeespt by ~r;i~en ,r~,r~ ~~ fry. fnt, • January 18, 2008 AZ 05-052 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT Landmark Development Group, LLC ITEM NO. 22 REQUEST Ordinance -Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Promenade Subdiivision -- 3055 N. Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. u • ~ ADA COUNfY RECORDER J. DAVID' NA4AAR0 AIdOUNT .00 B :BOISE IDAHO 02107108 10:Cdi AM `. DEPUt'1f Bonnie Oberbillig III I~.'I'I'Illlf I~"IIIII.II':ItI,II I ~II RECORDED-REQUEST OF 108013636 ~ Meridian d1y h CITY OF MERIDIAN ORDINANCE NO. y ~~ ~3 ~~ BY THE CITY COUNCII.: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-05-050 SADIE CREEK PROMENADE) FOR ANNEXATION OF PROPERTY LOCATED IN US GOVERNMENT LOT 1 OF SECTION 5 AND US GOVERNMENT LOT 4 OF SECTION 4, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R 1(ADA COUNTY) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Sadie Creek Commons, LLC. SECTION 2. 'T'hat the above-described real property is hereby annexed and re- zoned from R-1 (Ada County) to C-G (General Retail and Service Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-05-050 SADIE CREEK PROMENADE Page 1 of 3 • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and azea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. 'This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and rnap with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the foil City Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 2 ~ day of ~T~ ~ ~- y ,Zoos. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, ~ ~- this ZZ~''day of ~a ~ ~- Gtr ~ 2008. /~~~ ~~ MAYOR T de WEERD ANNEXATION OF A~05-050 SADIE CREEK PROMENADE Page 2 of 3 u ATTEST: WILLIAM G. BERG, JR STATE OF IDAHO, ) ss. County of Ada ) ``~<<>>ru n t~ ~rr~-~~~~i ~ .~"~ ~i. .~ •. F ~': O Q r .~- ~ ~~mmrr11~~•• ~ ~~6mL ~ ~~ ~ ~ i 1~ A `~ ~ ~. On this ~,2~day of ~.JU~ r 2006, before me, the undersigned, a Notary Public in and for said State, ersonally 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) _.... TARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION OF AZ-05-050 SADIE CREEK PROMENADE Page 3 of 3 ~~ //,~.~ YI ~~ ~"~ ~, ~~ ~r~ THE LAND GROUP, INC. May 1 I , 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Parcel C -Annexation 8.32 acres EXHIBIT KA" A tract of land for annexation purposes situated in a portion of U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range l East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap rnonumenting the Northeast Corner of U.S. Governimeni Lot 1 of said Section 5 on the centerline of East Ustick Road, from which a found brass cap monumenting the Northwest Corner of U.S. Goverrunent Lot 2 of said Section S bears South 89°39'20" West a distance of 2,656.46 feet; Thence following the nort~lerly line of said Section 4 and the centerline of said East Ustick Road, North 89°35'50" East a distance of 27.59 feet to a found aluminunn cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Road, South O 1 ° ] 4'39" West a distance of 402.23 feet to the POINT OF BEGINNING. Thence continuing South O1°14'39" West a distance of 277.OS feet to a point: Thence leaving said centerline, North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence North 71°28'10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of said U.S. Government Lot 1 of Section 5; Thence following said westerly line, Noth 00°15'1 I" West a distance of 296.40 feet to a point; Thence leaving said westerly tine, South 66°12'00" East a distance of 600.96 feet to a found 5/8-inch steel pin; Thence South 81°54'00" East a distance of 303.60 feet to a found 5/8-inch steel pin; Thence South 84°06'00" East a distance of 498.95 feet to the POINT OF BEGINIVIIVG. 1r~nduo~erArrbitabae • Sipe P/onni~g • Ciai/Eugi~uedag ,o/fCo~~rte Lri~riion e5' Engiateriug • Gmb/do Commnaiuuion 140 Rivcr Visia P1acc, Twin i'a11s, Idaho P208.733.4041 r 20&733.4045 • Sv~vw.tlaclancl~rg}~ninccom O:\CAI~\ragle Transfer Pdes\2651\r~dmin\Legals\II_070511_imttleF 2651_Irarcel c anncx..doc I'Agc 1 of 2 ..... i sr~ y, _~ THH LAND GROUP, iNC. The above-described tract of land contains 8.32 acres, more or less, subject to any existing easements or rights-of--way. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE Qa1~~ ~ s+ TWIN FALLS, IDAHO 83301 Cs1 208-733-4041 0~ ~`~ 208-733-4045 (FAX) ~ a ~ e A ~~ . ED~~ e REVI P OVAL. BY . MAY ~ 5 2007 M WORKS pEPT.IC .Laurl~urpeArrhi/ednre • Site P/uuni~ • CioiJEngrneerigq ,o/fC~arie Im~atiou ¢3' E~iaeeriag • Gnopl~ir Cou~m~~ni~o~ion 140ltivcr Vista 1'Mcc, Twin Palls, Idaho P208.733.4041 P 208.733.4045 • ~vww.nc~lanc(pr, c~Itinccc~m O:\t;AD\I=aglc Transfcr f~iles12G51\Admin\1.~La\It 070511_ImtdcK 2G51_lrnrcel c anncx..doc Pagc 2 of 2 • C~ ~ N ``' P~ N ~~ N Z I ~ ®® ~~ ~ w 11 M00'15'11"w 328.75' C ~ ~ Q~ ~ ,06 96Z I ~~vo tQ '~ b' ~ ~~coe~ tZ ~ N ~ '~ 0 ~~~ ~~~ Q~~D yy 2' m~~ ~ `OO ~ ~ z z v ~1 "~ N ~ 0. ZZ a ~ $k x 3 3 ~ Q ~c ~ c ~" c~ ~ tt2 ~ '. o ~ ~ j ~" r m o cn P~~'~s yg sr .w~ ~ ~ O + ,~y,~ ~ o ~ ~ ~ ~ O , ae D r:l O ~ ~ a m ~ r ~ 1 ~ ~ , ~ ~ ~ ~ ~Q~`~~ ~ t 3s z ~ ~, ~ ~r ~ ~A tr7~m " ~~ Q ~ ff Pr'> r? ~ ~ S~ '' w - m C al .P O sot 'SS"w aaa.ss' o ~ C C _= 0 ~ ~ i~ c 3 7 ~ ~ ~ a ~ n; C, ~ 13~'Z m (D _ Q ~ Q~ 3 o ~ f~ ~ ~ (/l ~ ~ ~ ~ a A Q _J ~c~z w~ ~ _ ~ ~~ ~~~ ~ ~" W~ i u~iC --pp a ~° b " ~ ~ ~ ~ a z~_ z ~ Z ~. r ~ ~ a m ~ ao t+t ~ . ~ ~ ~ ¢S+~* ~ rh r. a0 N $ O~ ~ r b y~ $ a ~' v ~~jj 2 zn.os -- - --40223"~ -- 1 SOl'i4'39"W 679.29' a w ~ W ~' ks N. EAGLE RO/1 A - STATE tfIGtIWAY SS v wN ' w . r° m EIVGINEER/SURVEYOR PROJECT INFORMATION SCALE: 1" =200' ~, /`,.,~ THEE LAND GROUP, INC. ~ - ~~ n EXHIBIT B 05!14/07 ,-,; „ ..~,,,~, +~ •'' su. Ptwnas : ~ PROJECT N0.05181 ~-re tommvnro ~~ ~.~ °"°" ~ B ~ ~`" ANNEXATION i . `~_ n. ~s ` 1 OF 1 ~ ~ ~ ~ BOTTLES REAL ESTA TE • Aoa coU(ITY RECORDER d. DAVID NAVARR6 AfEOUNT .OD 8 , BOISE IDAHO 016/08 12:59 PRA 11 11 1 DEPUTY Danielle Soulette II~) i'''I'IIIIIIIII+,+,il,~''I~II~I~~ ~~~ RECORDED-REQUEST OF 108057323 CITY OF MERDIAN CITY OF MERIDIAN ORDINANCE N0.08-1346A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE 08-1346 (AZ-05-050 SADIE CREEK PROMENADE) FOR ANNEXATION OF PROPERTY LOCATED IN US GOVERNMENT LOT 1 OF SECTION 5 AND US GOVERNMENT LOT 4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHNITINT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-1(ADA COUNTY) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Sadie Creek Commons, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R-1 (Ada County) to C-G (General Retail and Service Cornmercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and azea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. AMENDED ANNEXATION OF AZ-05-050 SADIE CREEK PROMENADE Page 1 of 3 C~ SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the Wile requiring two (2) sepazate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. t 1,~A PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: this ~~v ~ day of , 2008. (~~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this O day of ~~ , 2008. ~~~~ gyp de WEERD ATTEST: JAYCEE L. HOLMAN, CITY ~~ ~rt~•*~~ '~ ~~. _ ..~~a . AMENDED ANNEXATION OF AZ-OS-050 SA~'~~`REEK PROMENADE Page 2 of 3 S'I`ATE OF IDAHO, ) ss. County of Ada ) nn this ~~~ day of ~a `~ , 2008, before me, the undersigned, a Notary Public in and for said State, personally a~peared TAMMY de WEERD and JAYCEE L. 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. •+••••~. •~~ M' O~ c.••• TARY PUBL C FOR IY)AHO (SEAL} .• 4,~'--- - ti4'~0 T ~; ~r~,~'~,'~ RESIDING AT: ~ ( ~ '; ; MY COMMISSION EXPIRES:~11 "~I i i ~ r * is ; i ~ ~ • • AMENDED ANNEXATION OF AZ-OS-050 SADIE CREEK PROMENADE Page 3 of 3 ~ ~-\ //~~"'i ~i ~~ "+-~ ~, `~ i~ T1iE LAND GRQUP, 11VC. May 11, 2007 Legal Description Project No. 2651 MARK BOTTLES REAL ESTATE SERVICES Total Parcel -Annexation 17.1 S acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot 1 of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINING at a found brass cap rnonumenting the Northeast Corner of U.S. Government Lot 1 of said Section S on the centerline of East Ustick Road, from which a found brass cap monumenting the Northwest Corner of U.S. Government Lot 2 of said Section 5 bears South $9°39'20" West a distance of 2,656.46 feet; Thence following the northerly line of said Section 4 and the centerline of said East Ustick Road, North 89°35'SO" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly line and following the centerline of said North Eagle Road, South O 1 ° l 4'39" West a distance of 679.29 feet to a point; Thence leaving said centerline, North 83°S4'00" West a distance of 580.48 feet to a found S/8-inch steel pin; Thence North 71°28'10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of U.S. Government Lot 1 of said Section 5; Thence following said westerly line, North 00° 15' 11" West a distance of 328.79 feet to a found 5/8-inch steel pin; Thence following said westerly line, North 00°24'50" West a distance of 24.99 feet to a found S/8-inch steel pin monumenting the Northwest Corner of said U.S. Government Lot 1 on the centerline of East Ustick Road; Thence leaving said westerly line and following the northerly line of said U.S. Government Lot i and said centerline, North 89°39'20" East a distance of 1,328.23 feet to the POINT OF BEGINNING. Landru/ie /drd~itednre • Site A/wrsia8 • Cavil B~~gineem8 ~ulfCorirre Iirigatioa dz'E~giaeerin8 • Gr~liit Con»amlira~ion 14012ivcr ViaKa Placc, Twin halts, Idaho 1'208.733.4041 f~ 208.733.4045 • uw.v nc~hnc , nup~,nc coffin C):\Call\faglc 1'ransfcr hilGC\2G51 \Admin\Lcgals\11_070511 b°ttl~ 2651_temtal anncu..doe Page l of 2 ~ ................._......_..._.~........................................_ _.i....._~. ~~ ~,,~ i~~~~ ~~ THE LAND GROUP, INC. The above-described tract of Iand contains 17.1 S acres, snore or less, subject to atiy existing easements or rights-of--way. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208-733-4041 248-733-4045 (FAX) ti0~' g°~ 4~ -. Lamlrrnpe ~IrcGiteNnre • Site P/aiaring • Cir~/ E~tgirretring ~o/JC.onrrr brigoliorr ¢S' Engineedug • Grn/iliic Cou~~nnmmtion 140 River Vista Place, Twin balls, Idaho P208.733.4041 Tr 208.733.4045 • www.thelantl~~,oiminc.e<~l O:\CAD\Laglc'1'ran~fcr I~ilcs\2G51\r\dmin\lcgals\U_070511 Ix>ttlca 2G51 total anncs..dhc Page 2 of 2 ~ ~ E 1 N ~~ N -~ ®~ ~ ~ 19~t0 tNw I ~ N00'15'11"W 328.79' ~~~~ C I - ~vv ~ m ~ ~ K~ c ~ >b ~g°:~ Q `'' ~ ' •w 0 C < Z ~ ~ ® r- ~ ~ ~O ~ ~ w / '1' .v ~~ ~ m Q ~ ~ ygp~ ~r ~ . a ~ ~ < ~ ~ ?9a ~ r~ m ~ ~ 0 W~~ "i~ ~-r2 ~ A D :+~ ~' ~n ~'~ ~ A 3 'P, b' ~D b, ~ ~ ~ r D ~ ws' ~ ''! tD ~rri ~ w~ C Al ~O a ~~ $C ~ iJi Q, x °' Z ~ ~ Q ~ ~! "~ 3 g ,r ~ ~ ~A ~ N O ~ ~C $ ~ut a n A D m ~ > Q~. bx '~ e'~~ - Z Q W' N• w g~~ f~ N EAGtE S01T4'39'W 879.29' a w ~ A W ROAD - STATC HJGtJWAY SS - - . ~ m ENGINEER/SURVEYOR PROJECT INFORMATION SCALE: 9" = 200' ~-~ /~-,.~r THE LAND GROUP, INC. - ~ ~~ ,n EXHI 05h4/07 ;~ „~ - : „~,.~ , svro p ' B-fT B PROJECT N0.05181 ~^~ ~~ ` ~'" AN:N~XATI~ON 1 OF 1 - ~ ~ ~ -~=- ~~ ~ ~~ ~ BOTTLES REAL ESTA TE '~\ //..~ ~4, ~, ~ .+ THF, LAND GROUP, INC. May 11, 2007 Legal Description Project No: 2651 MARK BOTTLES REAL ESTATE SERVICES Total Parcel -Annexation 17.15 acres EXHIBIT "A" A tract of land for annexation purposes situated in a portion of U.S. Government Lot l of Section 5 and U.S. Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINING ai a found brass cap monumenting the Northeast Corner of U.S. Government Loi 1 of said Section 5 on the centerline of East Ustick Road, from winch a found brass cap rxlonumentiing the Northwest Corner of U.S. Government Lot 2 of said Section 5 bears South 89°39'20" West a distance of 2,656.46 feet; Thence following the northerly Iine of said Section 4 and the centerline of said East Ustick Road, North 89°35'50" East a distance of 27.59 feet to a found aluminum cap on the centerline of North Eagle Road (Idaho State Highway No. 55); Thence leaving said northerly Iine and following the centerline of said North Eagle Road, South O1°14'39" West a distance of 679.29 feet to a point; Thence leaving said centerline, North 83°54'00" West a distance of 580.48 feet to a found 5/8-inch steel pin; Thence North 71°28'10" West a distance of 803.90 feet to a found 5/8-inch steel pin on the westerly line of U.S. Government Lot 1 of said Section 5; Thence following said westerly line, North 00°IS'I 1" West a distance of 328.79 feet to a found 5/8-inch steel pin; Thence following said westerly line, North 00°24'50" West a distance of 24.99 feet to a found 5/8-inch steel pin monumenting the Northwest Corner of said U.S. Govemument Lot 1 on the centerline of East Ustick Road; Thence leaving said westerly line and following the northerly Iine of said U.S. Government Lot i and said centerline, North 89°39'20" East a distance of 1,328.23 feet to the POINT OF BEGINNING. LaaAsarpe Arcbilednre ~ Si1e A/uurtiug ~ Cavil Enginredng ~nlfCo::rre lisitgaliov dr E:~gineari:~g ~ Grr~bit CvmmnniretioN i 40 Rivcr Vita P1acc, Twin 1^atls, Eclalx~ 1'2.733.4041 E~ 208.733.4045 ~ w~w~.thelancl,~ot~ ink, c.co n Q:\C:\D\raglel'ran.ferl~il~\2651\:ldmin\Legal.~\ll 070511_bottles 2G51_tc~talannex..doc 1>agc 1 of 2 YI ~I ~-~i ~~ ~~ ~~ T1iE LA1VD GROUP, 1NG The above-described tract of ]and contains 17.I 5 acres, more or less, subject to any existing easements orrights-of--way. Prepared By: THE LAND GROUP, INC. 144 RIVER VISTA ALACE TWIN FALLS, IDAHO 83341 248-733-4041 248-733-4045 (FAX) L.auAsmQt iluliitehurr ~ Side Ploniriag • Cit~ilEnginerri~ " Go/fCairn Tmigation e5' Engi~xtriig • Graphic Conunummlion i40 River Vida Place, Twin >:allr, Idahn P208.733.4041 1~ 208.733.4045 • wrvw thelanJ~,pinc a>m U:\CAll\Lagtc'1'ransfcr I~~lcs~2651\rldmin\l..cgals\U_070511 battlcs_2G51 total annex..dnc Page 2 of 2 January 18, 2008 RZ 07-006 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT J.E. Development, LLC ITEM NO. Z3 REQUEST Ordinance -Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook - 300 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. f ADA COUNTY RECORDER J. DAVID NAVA RO AMOUNT .00 6 '; BOISE IDAHO 02Z07'l~ 10:65 ASI f 11 f DEPUTY Bonnie Oberbillig III ('II"'LII`LI`III'I~I~III~I~) III 1N RECORDED-REQUEST OF 10013637 Meridian Ci[y CITY OF MERIDIAN ORDINANCE NO. D8 - !~ ~ 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT J.E. DEVELOPMENT, LLC, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION {RZ'0?-006 - BELLABROOK VILLAS} FOR REAL PROPERTY LOCATED IN THE NW '/ OF THE NW '/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT ~~A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND US.E ZONING CLASSIFICATION OF SAID LANDS FROM R 8 (MEDTiJM DENSITY RESIDENTIAL DISTRICT) TOR 15 (MEDIUM-HIGH RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FII.ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: J.E. Development, LLC SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential District) to R-15 (Medium High Density Residential District} in the Meridian City Code. SECTION 3. That the City has authority pursuant to the Laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE OF BELLABROOK VILLAS - RZ-0?-006 Page 1 of 3 LJ • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning reaps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsrnan manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, 'Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one {1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one {1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2?i day of ~~"'~a't'y , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~G~"LL ~' 2008. • MAYOR T de WEERD RE-ZONE OF BELLABROOK VILLAS - RZ-07-006 Page 2 of 3 ~. ATTE ~ ~' • - ~~ Fo WILLIAM G. BERG, , ITY GI.E ~~p"~I' qo~ '~. CITY . ~•• RE-ZONE OF BELLABROOK VILLAS - RZ-07-006 Page 3 of 3 STATE OF IDAHO, ) ss. County of Ada ) ^ rd . On this ~ day of ~J Qr11..a.C~~1 , 2008, before me, the undersigned, a Notary Public in and for said State, personTalyl 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. •~s~~~~~~ (SEAL) •'x,11_--' • ~~ ~~ ; ,p ,p'/ •~~, _--~ ••• •• •~~~i••r~ ~• NO ARY PUBL ~C FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: -) i RE-ZONE OF BELLABROOK VILLAS - RZ-0'7-006 Page 4 of 3 ~~. l Legal .~?~f'~R~~~ Bealabr~aok O~~lias A parcel of land io,c~ted~in tlae NW ~~ ~of.~#Fie t+Nli~~% flf ~ectivn 17, Tawnship'3 Narth, .Range 1 East, Boise iNeridian, A±'1arity.; !dal~o, and more.partic~ariy described as follows: Commencing at 8 brass rap mor~umeat~ macki~ the northwest comer of said NW' ! of the NW 'la from whi+~ a brass sip monumenf~ maricling the southwest corr-er of the i~lV11' % of s2~id Section 17 bears S~ 0°31'4S° Vtil a distance of 21;56.7~t feet; Thencae~ S 0°31'43° 1111 along the westerly boundary of said NW '/ of'the~ W1N'1 a distance of 890.67 feet to a point; Theruce leaving .said we~stedy ~bounci~ry S 89°5T1~9° E ~ di~tance~ of X18,00 feet ft~ a % inch diameter iron pin on the easterly right=of-way of S. Locust +~rove Road anel ttae PGIiVT t}F ~f1=+GlNN~fhi~; Thence~continuing 589°6T19° E a distance of 944:94~feetfo~ a ~5/8~ inch .diameter iron pin; Thence S 0°29`13° W a~dfistance t~f 77.62 feet to a'1 indh diameteriron pin; Thence N 8.9°59'37°~11.V a.distanice of 667..77 feet to a 61.8 imch~.dlameter~lrors pin; Thence S 0°3~~~4° W a distance ~f 310.91 feet to a'! inch diameter iron pill; Thence N 89°68'07° VII along a line 50.00 feet north of and parallel to the southerly boundary of said NW Y of the NW ~ a distance of 377.18 feet to a a!8 lnch diameter iron pin on the easterly right-of-way of S. Locust Grove Road; Thence N 0°31'3° E along said easterly. ri~ht~ way a distance ~af 386.94 fset.~ta the Pt~INT OF BEt3lfilNlNG. This parse! c:ontalrts 4.36 acres. and is eubject tb any easements exisfing or in use Clinton 1N. Hansen, PLS Land Solutions, PC May 11, 20iQ8 ~v~+- R~,v~ ap gY FED ~ ;~ 24~~ M yyORKS O~PjIG i~~~~i~~ C~---"'~imwr ~~ ~O 5~,.~1~ ~° ,~. r~ o~ `°P ~,~c` Beliabrgok~ Subdivision Jof~ Rlo. U6-38 1, P011~11' OF BECI-vldtNG B~~ ~r~~.k ~!r I~f~ 8~~~~~~'y Ex~~~~~ ~or~Ti=~D Div -~1~~ ni.~v ~/~ c~~Tr-i~ ~~ ~.~~ c~F s>rcTl~~r t ~, T3l~~ iz ~ i, Bi~i, CiT~ O~F MER~lC3I~l',i~, .CDR CC~-U~11TY,, i~C~AH~~ 2~t~~ CPd~' INSP. Mo. JC4f81883 ~ $ £. FR,~NII~IN Rfl ~~ t~ r ~~ I~~ ~ ~ ,~.~. O °~ I ! ~ ~. al w ~~~ ~~i ~ .4RFA ~ $.38 ~4RE5 _~ N i/as~ W~ ~~b O~~ !8 !7 ~~ d cP bvsr. NG! 105J~77'5 11118 5~~ ~ l~ REV PROVAie , SY FED ~ 6 ~~17 ~ y~ORIKS DEP7lC 0 100 Z00 X00 ~y ~~ 0 y ~• . r Land 5~rveyfng aid ~ol,~su~ng 2$ t'.E. STI•t.3T., .S~TE A f.NEk141A1~ ~D 83&;42 lzael,~sszata t~oe):ass-assn ~ rosrv~rwciac~dstitutPori~~iz ~ ~ January 18, 2008 MERIDIAN CITY COUNCIL MEETING January 22, 2008 APPLICANT REM NO. REQUEST Executive Session per Idaho State Code 67-2345(1)(a)8~© AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.