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HomeMy WebLinkAbout2007-08-14 ~E IDFZ IAN;=-- ~J • ~errised 8-13-®7 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 14, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird ~~. Mayor Tammy de Weerd 2. Pledge of Allegiance: ~a,',y f 3. Community Invocation by ~i71 ~~~ 4. Adoption of the Agenda: ~~~ ~ 5. Consent Agenda: A. Approve Minutes for July 17, 2007 City Council Regular Meeting: ~provL B. Approve Minutes of July 10, 2007 City Council Regular Meeting: ~ C. Approve Minutes of July 24, 2007 City Council Special Meeting: ~~ O 7 S? ~ D. Tabled from July 3, 2007: Resolution No. Adoption of Records Retention Schedule: ~YOYL E. Findings of Fact and Conclusions of Law for Approval: PP 07- 009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L- O zone for Meadowlake Village North by Touchmark of the Meridian City Council Meeting Agenda -August 14, 2007 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 8-13-®7 Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: p~r~ F. Findings of Fact and Conclusions of Law for Approval: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: ~P~vL G. Findings of Fact and Conclusions of Law for Approval: VAR 07-013 Request for a Variance to UDC 11-3E-4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More - 3415 North Eagle Road: ~prD~r~ 7 - H. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: /~c.c.w¢~. I. Findings of Fact and Conclusions of Law for Approval: 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: ~~ J. Findings of Fact and Conclusions of Law for Approval: CUP 07-005 Request for a Conditional Use Permit approval for multi- family residential use in a proposed R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: a~ K. Resolution No. ®7~ 57¢ :VAC 07-008 Request for a Vacation of the City of Meridian utility easement common to Lots 1, 2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and Suites by Tealey Land Surveying - 815 & 875 South Allen Street and 2870 East Freeway: ~~~~.~. L. SHP 07-005 Request fora Short Plat to create 2 office / educational building lots on 33.315 acres in a C-G zone for Joint School District No. 2 by Joint School District No. 2 - 1303 East Central Drive: ~~~a~ 7 ° M. Agreement for Professional Services for Human Resources Consulting with BDPA. Inc.: ~a.~~Fc, Meridian City Council Meeting Agenda -August 14, 2007 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-1'3-®7 N. Development Agreement: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Buildina by Ruby/Edwards: Architecture + Design -1695 South Locust Grove Road: r/~~~-~~ O. Development Agreement: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: ~+~~rv~rrc,- P. Addendum to Development Agreement: AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zones for Cabella Creek Subdivision by ATM Development, LLC -northeast comer of East Victory Road and South Mesa Way: ~j~/'~"''` 4. Water Main Easement Agreement No. 1 for Gramercy Subdivision No. 1 (Lots 4-5, Blk 1) by Tuscany Development: ,~r~Yar~ R. Water Main Easement Agreement No. 2 for Gramercy Subdivision No. 1 (Lots 4-5, Blk 2) by Tuscany Development: ~iro~ S. Sanitary Sewer and Water Main Easement for Retail Buildina B (CentrePointe Subdivision) by Blue Marlin Investments: ~~~we. T. Approve New Beer and Wine Licenses for Sakana Sushi 8< Steak House by Ming Xing, Inc. at 1718 S. Eagle Road: °~r~r~ ~ U. Approve Standard Form of Agreement with H2 Excavation LLC for the Construction of the North Black Cat Pressure Sewer for $398,376.00: ~~~,~ -^~- V. Public Works Budget Amendment for the Black Cat Trunk Line Item Number 96162 in the Amount of $3,200,000 for FY 2007: 6~~'~- W. Public Works Budget Amendment for Latecomers Expense Line Item Number 80150 in the Amount of $3,700,000 for FY aoo7: ~~ ~ X. Approve Contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971.00: Meridian City Council Meeting Agenda -August 14, 2007 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • devised 8-13-®7 Y. Approve New Beer and Liquor Licenses for Harry's Meridian Grill by Steve Youngerman at 2032 E. Overland Road, Ste. 125: ~~'~''^Ow Z. Resolution No. ®7 ~ .S 7S' CPA 07-003 Request fo amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department t a~ uKr AA. Public Works Budget Amendment for an additional $310,000 for the Sewer Portion of Broadway Water and Sewer Improvements: a,~.,~,~,,.-„ v~ BB. Public Works Chance Order No. 1 for the McMillan Water Line - Wild Goose to Palatine Project (Construction) with Star Construction, LLC for $3,436.21: CC. Mayor's Budget Amendment for State of the City Fund Expense: ~~.~,,,,,~ ~,.~- ~- ~f 6 ¢b ~f, °° 6. Department Reports: A. Police Department: ~~_ ,~tit~ ~t /~o~ ~~ 1. Recognize retired Police Officers: B. Fire Department: 1. Recognize retired Firemen: C. Mayor's Office: 1. Follow Up on Pine Street School House Request from July 24, 2007: ~C,~r~% ~, !y/~L ~-g-`~.~~.,i~w~ ~- ~-D7 2. Introduce Interim Parks Director: ~,~er~ ~~la'~w ~~ D. Parks Department: 1. Budget Amendment and Change Orders for MYB: E. City Council President: I U 1. Meeting Format Discussion ~,~,~,~r-`~,r~,,,f, Meridian City Council Meeting Agenda -August 14, 2007 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-13-®7 7. Items Moved from Consent Agenda: ~r ~ ~ 8. FP 07-022 Request for Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone for Sundial Subdivision by Gemstar Properties -west of North Linder Road and south of West Ustick Road: Gyo~~ 9. FP 07-023 Request for Final Plat approval for 6multi-family building lots and 5 common lots on 5.17 acres in an L-O zone for Waverly Place Subdivision by Vacation Villas, LLC - 2510 Magic View Court: ~~,,-,.-,.,,~.~ 10. VAC 07-010 Request to vacate the existing right-of--way of Magic View Court for Waverly Place Subdivision by Vacation Villas, LLC - 2510 Magic View Court: ~~.~°,,"~..... 11. Public Hearing: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Cad Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: 12. Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: ~~y.ri~r~.~t. ~`~ ~l G/~ ~-- ~r;~Al~ 13. Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: ~~I'a~,c ~/~4 ril-~ ~ G~~y"~°'~.-C. 14. Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast Comer of North Linder Road and West McMillan Road: f,~,,~,~f ~/h, ~ ~.¢-p .7 15. Public Hearing: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C-G zone and instead require design review approval of all commercial development in the C-G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC - Northeast Comer of North Linder Road and West cMillan Road: 16. Public Hearing: VAR 07-014 Request for a Variance to UDC 11-3D-7a to exceed the 4 square foot area maximum for a public service information sign to allow a 19 square foot LED reader board sign for Meridian Meridian City Council Meeting Agenda -August 14, 2007 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~eviseal 8-13-®7 Elementary School by Meridian Elementary School - 48 West State Street: ~ A,,,~ ~,{-~ ~/-e ~,~ 17. Public Hearing: VAR 07-015 Request for a Variance to allow 15-foot wide street side setbacks to be measured from property line instead of back of sidewalk for Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: /,~ ~ti di~~vh -- au.~p aL 18. Public Hearing: MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C-G District for Hampton Inn & Suites Addition by Hotel Developers -Boise, LLC - 815 & 875 South Allen Street and 2870 East Freeway: 19. Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sian by Todd Mendel - 1640 West Cheny Lane, Suite 100 (Lot 2, Block 1 of Cheny Lane Crossing Subdivision): ~~j~,.,,v,~ ~,,,,,~~ 20. Ordinance No. ®~- l ~ ~ ® : City Council Compensation Ordinance: ,~~rov~c_ 21. Ordinance No. ~ ?' l3 3 ~ Mayor Compensation Ordinance: ~~y„-°,,.~ 22. Ordinance No. ®~' l ~ 3 ~ RZ 07-009 Request for a Rezone of 24.69 acres from I-L to C-G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): ~~~-9V~-- 23. Ordinance No. ~ ~ ~ l ~ 33 : AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way ; ~~r~,~v~ 24. Ordinance No. '~ AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Rub~r/Edwards: Architecture + Design - 1695 South Locust Grove Road: ps,i;Yt,~~~ ~--~...o ~;~a.. 25. 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): ~~ ~ su.~c~ ~,.w~ Meridian City Council Meeting Agenda -August 14, 2007 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting August 14, 2007 A meeting of the Meridian City Council was called to order at 7:45 P.M., Tuesday, August 14, 2007, by Mayor Tammy de Weerd. (Delayed due to Pre-Council) Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Kyle Radek, Keith Watts, Joe Silva, Bill Musser, Bob Stowe, Steve Siddoway, Elroy Huff 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 call this meeting to order. We appreciate your patience. It is Tuesday, August 14th. It is -- I don't have my classes on. I think it's 7:45. And we will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance and I would like to ask Officer Scheihing to, please, lead us in the pledge tonight. If you will all rise. (Pledge of allegiance recited.) De Weerd: Officer Scheihing, one of the traditions of leading us in the pledge is to receive a City of Meridian pin. So, I would like to present that to you tonight. Rountree: Or candy. Bird: I don't have any candy. De Weerd: And the candy part is Councilman Bird's job. Bird: He doesn't give me anymore. Item 3: Community Invocation by Bill Nary: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Russ McCrea with Living Grace Community Fellowship. Is the pastor here? He isn't. • Meridian City Council August 14, 2007 Page 2 of 99 So, in his stead we will ask our City Attorney Bill Nary to, please, lead us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Nary: Lord, we ask for your blessings upon our city tonight and our leaders as they weigh the great decisions that come before them and the difficulties of weighing all the different concerns and issues that be in front of them. God, we ask for these blessings upon our city and we are truly grateful to all the many people and the citizens that come to share their time and share their information and share their concerns with the city, the Mayor, and the Council, and we ask these things in your name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is Adoption of the Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda we will have resolution 07-573, Item D on the Consent. Item K is 07-574. And item Z is 07-575 for the resolution. We got -- in our regular agenda we have got ordinance number 07-1330, which is Item 20. 21 is 07-1331. 22 is 07-133. 23 is 07-1333. And 24 is 07-1334. And also Item 17 has been asked to be withdrawn by staff. That's the variance 07-015. And with that I move we approve the revised agenda. Rountree: Second. Zaremba: Madam Mayor? De Weerd: I have a motion and a second. This is not a discussion type of a motion. Zaremba: I need to ask for a couple of items to be moved off of the Consent Agenda. Bird: We do that when we do the Consent coming up. De Weerd: Yes. Zaremba: Oh. Okay. De Weerd: We are doing adoption of the agenda. All those in favor of the motion please say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. i • Meridian City Council August 14, 2007 Page 3 of 99 Item 5: Consent Agenda: A. Approve Minutes for July 17, 2007 City Council Regular Meeting: B. Approve Minutes of July 10, 2007 City Council Regular Meeting: C. Approve Minutes of July 24, 2007 City Council Special Meeting: D. Tabled from July 3, 2007: Resolution No. 07-573 Adoption of Records Retention Schedule: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L- O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: G. Findings of Fact and Conclusions of Law for Approval: VAR 07-013 Request for a Variance to UDC 11-3E-4C1 to exceed the 500 square foot maximum structure size for a temporary use to allow a 7,056 square foot tent for a parking lot sale for Joe's Sorts, Outdoors and More by Joe's Sports, Outdoors and More - 3415 North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: I. Findings of Fact and Conclusions of Law for Approval: 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: • Meridian City Council August 14, 2007 Page 4 of 99 J. Findings of Fact and Conclusions of Law for Approval: CUP 07-005 Request for a Conditional Use Permit approval for multi- family residential use in a proposed R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: K. Resolution No. 07-574 VAC 07-008 Request for a Vacation of the City of Meridian utility easement common to Lots 1, 2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and Suites by Tealey Land Surveying - 815 & 875 South Allen Street and 2870 East Freeway: L. SHP 07-005 Request fora Short Plat to create 2 office / educational building lots on 33.315 acres in a C-G zone for Joint School District No. 2 by Joint School District No. 2 - 1303 East Central Drive: M. Agreement for Professional Services for Human Resources Consulting with BDPA, Inc. N. Development Agreement: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design -1695 South Locust Grove Road: O. Development Agreement: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: P. Addendum to Development Agreement: AZ 06-014 Request for Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zones for Cabella Creek Subdivision by ATM Development, LLC -northeast comer of East Victory Road and South Mesa Way: Q. Water Main Easement Agreement No. 1 for Gramercy Subdivision No. 1 (Lots 4-5, Blk 1) by Tuscany Development: R. Water Main Easement Agreement No. 2 for Gramercy Subdivision No. 1 (Lots 4-5, Blk 2) by Tuscany Development: S. Sanitary Sewer and Water Main Easement for Retail Building B (CentrePointe Subdivision) by Blue Marlin Investments: • Meridian City Council August 14, 2007 Page 5 of 99 T. Approve New Beer and Wine Licenses for Sakana Sushi 8~ Steak House by Ming Xing, Inc. at 1718 S. Eagle Road: U. Approve Standard Fonm of Agreement with H2 Excavation, LLC for the Construction of the North Black Cat Pressure Sewer for $398,376.00: V. Public Works Budget Amendment for the Black Cat Trunk Line Item Number 96162 in the Amount of $3,200,000 for FY 2007: W. Public Works Budget Amendment for Latecomers Expense Line Item Number 80150 in the Amount of $3,700,000 for FY 2007: X. Approve Contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971.00: Y. Approve New Beer and Liauor Licenses for Harrv's Meridian Grill by Steve Youngerman at 2032 E. Overland Road, Ste. 125: Z. Resolution No. 07-575 :CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department AA. Public Works Budget Amendment for an additional $310,000 for the Sewer Portion of Broadway Water and Sewer Improvements• BB. Public Works Chance Order No. 1 for the McMillan Water Line - Wild Goose to Palatine Project (Construction) with Star Construction, LLC for $3,436.21: CC. Mayor's Budget Amendment for State of the City Fund Expense: De Weerd: Item 5 is the Consent Agenda. Mr. Zaremba? • Meridian City Council August 14, 2007 Page 6 of 99 i Zaremba: I have a question about Item H, Item M, and Item N. those will be short questions, but I would like to ask that they be Consent Agenda and placed under Item 7, H, M, and N. Bird: Which ones? H, M, and N? Rountree: M and N. Zaremba: Howard, Mary, and Nancy. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Hopefully, each of moved off of the Bird: On the Consent Agenda, as stated earlier, Item D is resolution number 07-573. Item H has been asked to be removed to the regular agenda and will be Item 7-H. Item N has been asked to be removed to the regular item and will be 7-M. Item N has been asked to be moved to the regular agenda, which will be 7-N. And also Item Z is a resolution number 07-575. I move we approve the Consent -- the revised Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department: 1. Recognize retired Police Officers: De Weerd: Council, under Department Reports tonight we will begin our Department Reports with Chief Musser. Musser: Madam Mayor, Members of the Council, I'm here this evening to present two of our officers who are retiring this week from the Meridian Police Department. They have served a number of years with the Meridian Police Department, both of them • Meridian City Council August 14, 2007 Page 7 of 99 having distinguished careers over time, and at this time I would like to introduce them to you. I'll start with Sergeant Dwight Hosford, who started with me 26 years ago on the department. We both came on the reserves approximately the same time and I ended up coming on full time about a year before he did, which he's 23 years full time service with the City of Meridian, but a total of 26 altogether. So, if you would come on up, Sergeant Hosford. And our second officer that we have is Officer Gary Scheihing, one of our K-9 officers, has been with the department for approximately nine years. But Gary has a very distinguished career of 33 years in law enforcement, 13 of which were served as the chief of police in Emmett prior to coming to Meridian where he decided he wanted to tackle his life long love of handling and training K-9s and he's done that very admirably for this department, in addition to also being one of our leads on getting our K-9 training facility put up and in partnership with the community. So, Gary, if you would come up as well. De Weerd: Council, I would also like to take a moment to recognize these two young gentlemen that will be retiring from our ranks and to give you some information about them. I know that these are not unfamiliar faces to you, but I do believe that what they have added to our department are worth noting and so I do have something I'd like to share with you. Sergeant Dwight Hosford started his career with the Meridian Police Department in August of 1981 when he came to the department as a reserve officer. Dwight served as a reserve until July of 1984, when he was hired as a full-time officer. During his career Dwight worked in parole -parole. I always do that. But it's kind of the same, isn't it? Patrol, investigations, and as a school resource officer for Meridian High School, before being promoted to sergeant in 1998. I know that he has very fond memories of his time spent at the high school and certainly was a familiar face and beloved. I know that he has -- since that time he has served as a supervisor for patrol, the school resource officer program, and our traffic team. In addition he has coordinated law enforcement activities for parades and other special events in town. Dwight was awarded a police department unit citation for his help in the Thomgren homicide investigation in 2003. With 26 years of service to the people of Meridian, Dwight, we'd like to thank you for that service and for really emphasizing -- everyone knows that we have an emotional Mayor, so I'm trying to buck it up. But we would like to thank you for really putting community behind community policing. You really are -- you really symbolize that and we appreciate all your efforts on behalf of the city, the youth, and the community, the City Council, we thank you for your years of service. Officer Gary Scheihing started with the Payette County Sheriffs Office in 1974. In 1981 he went to work for the Emmett police department. Gary was appointed chief of police in Emmett where he served with distinction for 13 years. In 1998 Gary came to work for the Meridian Police Department. During his time here he was instrumental -- and I think instrumental is probably not even the appropriate word. It was his passion, his vision, and his love for our K-9 program that the K-9 training center was up and running. Without this involvement we would not be where we are today with that. And this center is recognized throughout the state as one of the very finest. After a career that has served the state of Idaho for 33 years and the citizens of Meridian for nine years, it is an f~ Meridian City Council August 14, 2007 Page S of 99 • honor to wish you all the best and to say thank you for the service to our community, for leaving a mark, certainly a legacy. We appreciate the time and commitment that you have given to our police department. With that said I do have some plaques I would like to share with you. Well, it's very rare to find you speechless. Thank you for joining us here tonight. B. Fire Department: 1. Recognize retired Firemen: De Weerd: Our next item is our fire department and if Deputy Chief Silva can introduce this item. Silva: Thank you, Mayor, Members of the Council. I'm very honored to be here on behalf of the Meridian Fire Department representing the fire chief this evening. I'm very honored to be here to share with you the retirement of Captain Sam McEvoy, who has served us well for 14 years and has assisted us through the process from transitioning from a department predominately of part-time firefighters and off-duty staff to a department today that's predominately full-time staff and some part-time firefighters. One of the things we oftentimes talk about is the importance of family and we want to just extend our thanks to his wife and his family for the years that he's come to our assistance in carrying out the mission of the Meridian Fire Department over the past 14 years. So, with that, Mayor, I thank you very much for allowing us to honor Sam this evening. De Weerd: Why don't we have Sam come on up. Sam, we appreciate you being here tonight and Sam is already retired and we haven't seen him around, but I do have some information to share with you on Captain Sam and, you know, most of our community know him as Fireman Sam. Sam has always been that fireman present in our tours to young children and he always gives willingly in that duty and, Fireman Sam, we appreciate what you have done. He began his career in November of 1987 as a volunteer firefighter. Six years later in 1993 he was hired as a full-time firefighter, giving him a combined total of 20 years of service to our department. Sam was honored with a rookie of the year in 1987 and the firefighter of the year in 1989 by the Meridian Fire Department. In addition, Sam has given back to the community serving as chairman for the Meridian Fire Department MDA Fill the Boot Fundraiser for ten years and he has taken this above and beyond. He is very competitive. I don't know how many of you knew that, but Sam always wanted to make sure that Meridian was the best and that they always achieve their goals. He has also been a fire prevention educator for the Meridian Fire Department for five years and served as a community CPR instructor with the American Heart Association. Sam, thank you for your 20 years of service to our community and, again, like officer -- or Sergeant Hosford, you do put community within the walls of the city and I'd like to thank you and recognize you for everything you have done in the fire department and this community. He's probably dreading the hug. Meridian Ciiy Council August 14, 2007 Page 9 of 99 Bird: Oh, heaven's no. De Weerd: Thank you, Sam. Rountree: Thanks, Sam. C. Mayor's Office: 1. Follow Up on Pine Street School House Request from July 24, 2007: De Weerd: Now, back to business. Item 6-C under the Mayor's office. We do have -- the first item regarding the Pine Street school house, we had asked Councilman Bird ff he would get together with some of the personnel in the school district to take a look at the list of proposals in moving the school house and bring back a recommendation to Council on what the amount should be that we are looking at funding. So, Councilman Bird, I'll tum this over to you. Bird: Thank you very much, Madam Mayor. After talking to Wayne Hanners and Dr. Linda Clark, this proposal was from back in April and they were just trying to get an idea of what it would cost to have that school moved and set up over on -- well, it's, actually, 919 -- the house at 919 West 1st is the actual house that is going out, it's called the west wing. As you know, they had -- Beniton had given a price of 65,248 dollars and what they, basically, want is they are donating the land and they have got the actual moving of the Pine school taken care of, but they need the -- they thought about moving the west wing building out, but it's completely sided with asbestos siding, so it has to be destroyed and go down and you need to put in a new foundation, you need to do all that stuff. My recommendation to the Council in serving on the 1993 centennial commission that got this Pine school going, I think we need to take care of it, but I -- my recommendation is that I get Mr. Watts and myself and maybe another contractor or something and go over there and see what it would really cost to do this and at that time see if there is anybody within the city that would like to, but I believe the school district, with the moving of the building and the furnishing of the ground, are definitely doing their share and I think that as a city that school is a very important part of our history of our city and we need to continue to -- I think we can get it done for a lot less than this, but I would recommend that we can get it done within by -- if it would be okay with you guys, to have a report back the first meeting in September with some definite prices. De Weerd: Mr. Rountree. Rountree: Madam Mayor, just a question for Councilman Bird. What -- what are the areas we are looking at costs? Meridian City Council August 14, 2007 Page 10 of 99 Bird: What are the areas? Rountree: Yeah. Bird: Well, you're looking at -- you know, you got to disconnect the utilities. You got to demo the building. You got the asbestos abatement, which is your most expensive part of it and it is full of asbestos. Then, you have to put in a new foundation, they will move the school over and, then, you have to wire it -- rewire it, get the handicapped ramp and handrails and get the playground equipment all put back in and get it ready to go again, get the grass planted, and, as you know if you have been by there, the ground is just bare ground, the building is bare and it's - so, you'd, basically, be doing everything other than the moving and buying of the land and I think that -- I think there is a way -- there is a lot of it we could probably work out with donations in kind, service, and stuff like that. But if we could have a chance for two weeks get that done, so that we can get it moved, because the school district is pushing pretty hard to get that property sold and rightfully so. So, that's my recommendation. I don't -- I don't think we will even come close to this figure, but you never know. De Weerd: Thank you, Mr. Bird, for looking into that and bringing something back to Council. Mr. Nary, I guess in looking at our agreement with the school district and in maintaining -- and I agree with Mr. Bird that this was a centennial project and one that we need to continue that tradition of the significance and importance of the school building in our community, but I guess my question is do we need to, then, draft up a new agreement and -- that's more reflective of the new site once it is relocated and how that partnership would continue? Nary: Madam Mayor, Members of the Council, if you recall we had this earlier discussion about this sort hand shake agreement that we had back in the eariy'90s with the school district, so I would concur that once we do move into the new site, if the intent of both the school district and the city is to maintain it -- I guess a similar arrangement of the routine exterior maintenance being done by the city and maybe the internal maintenance being done by the school or however that's done, that we formalize that agreement in a -- I guess a more current agreement. So, I think that would make some sense. I don't think you need it to move it, if you're going to hire somebody with the consent of the school district, so you don't necessarily need an agreement. But for long term maintenance and continuity of that facility it makes sense that we have a more formalized agreement than what existed previously. De Weerd: Council, any other questions for Councilman Bird? Rountree: No, I have none. Bird: What's you're direction, ma'am? • Meridian City Council August 14, 2007 Page 11 of 99 De Weerd: We would appreciate -- I think we are all very interested in being a lead in this and having you and Mr. Watts look at this and see maybe how we can make it more affordable, but certainly the commitment is there to be a full partner here. Bird: I agree. And I think that Mr. Nary is a hundred percent right, once we get it set down, then, we set the rules aside, so that -- and I don't see as we would ever have to move it again, but -- and, actually, this is really a nice location. It's a nice big lot and the school district is giving up quite a bit of money in land -- you know, just in land. So, we will do that and we will report back to you the first meeting in September. De Weerd: Thank you. Rountree: Sound good? Bird: No, they don't have a time table, I just made this time table myself. 2. Introduce Interim Parks Director De Weerd: Well, I'm sure they are anxious to have it done. Thank you. Item No. 2. It's my pleasure to introduce to you our interim parks director. He is no stranger to any of us, as he was a planner, with a huge passion for pathways, for parks, for open space and he's going to lend us his time -- not lend us, but he is willing to dedicate his time to be a part -- interimly of this parks department to help lead and help us until we fill a permanent position. So, I would like to introduce you to our interim director Mr. Steve Siddoway. Siddoway: I will be brief. But I just want to say that it's an honor to stand before you in thus roll. It's something that's always been a passion of mine and as I have been getting a jump start on things in the last week or two, have been meeting with staff and a lot of good people there and a lot of -- getting a lot of good feedback on ideas to make it even better. I believe parks are a tremendous asset to this community in general, not only for their recreational value to the citizens of Meridian, but a great park system goes a long way in attracting economic development and just all kinds of benefits to the city and I hope to be able to communicate some of that for the -- during the time that I sit in that chair. But, again, thank you for this opportunity and I look forward to working with you. D. Parks Department: 1. Budget Amendment and Change Orders for MYB: De Weerd: Thank you, Steve. We look forward to working with you, too. And I see since you're already on our agenda, we will be hearing from you like this next item. Council, did you have anything for Steve before we move into the parks department report? Meridian City Council August 14, 2007 Page 12 of 99 Bird: No, I don't. Rountree: No, not yet. Bird: Welcome back. De Weerd: Okay. Siddoway: Thank you. De Weerd: Thank you. Siddoway: Does everyone have a copy of the budget amendment request? Bird: Not to my knowledge. Siddoway: I have copies. The Meridian Youth Baseball Complex is a facility that I believe all of you are familiar with and aware of. There was a dedication of it recently on July 29th and many of you attended. It's a wonderful new facility over in Settler's Park. It is in the process of being finished currently and as I've been looking into the project and the budget and meeting with Mr. Watts, what I found was a two million dollar project with no -- with zero contingency. And, typically, on a project of this size you would have a five or -- five to ten percent contingency and we have -- what's before you tonight is an appropriations request for a total amount of 487,000 dollars. Those amounts, if you look in the box over to the right, they are spelled out there. We do -- the city is not responsible for that entire amount. The Meridian Youth Baseball has committed 315,000 dollars of that amount to the city. We have received a check just today from Meridian Youth Baseball for 225,000 dollars, which is the 315, minus the 90,000 dollars which they have -- there was an agreement to move forward -- advance construct some of the phase two improvements in the park, including the restrooms, the clubhouse concessions, and some electrical work, that was not scheduled to be done for several years. So, part of the reason for this budget amendment is because we are advanced constructing some of those improvements, about 100,000 dollars worth. You can see over on the right-hand side the net effect to the budget of the city is 171,452.22 and of that amount about a hundred thousand dollars is due to the -- adding the phase two improvements. We have got a small portion, about 8,000, that I have some questions about and we are looking into some potential offset credits for that amount. But what we are bringing to you tonight is because these expenses are -- either have been incurred or are being incurred in this fiscal year, we need to have that appropriations request taken care of now before the end of the -- the fiscal year. So, what we are asking for tonight is approval of this appropriations request. I have met with the finance director and the funds are there. This will allow us to complete the Meridian Youth Baseball Complex and keep it moving forward ahead of schedule, with Meridian City Council August 14, 2007 Page 13 of 99 L the phase two improvements and as we work through the details and possible credits we can return and reconcile those details with you also. I will stand for any questions. De Weerd: Mr. Bird. Bird: Yes. Steve, tell me on change orders, 64,686.96 for benches and cables and trash cans, is that the benches in the dugouts or -- I mean are they gold inlayed or -- Siddoway: No. It is -- about half of that, Mr. Bird, is in change orders, including redesign and installation of the parking lot drainage bed. I believe that was already previously approved -- Bird: So, it's not those three items? Siddoway: No. Bird: Okay. Siddoway: There is a portion that is in typical park amenities that are needed to finish out the park, including those things, but, no, there is a list of change orders that includes things like -- Bird: Well, when it just lists those three as change orders, I'm going just a second. Siddoway: And I agree. Bird: There is not -- and why did -- why did we have to redesign the drainage in the parking lot? The topo didn't change. Siddoway: It had to do with the ground water. If you'd like the details I can call Elroy up, he was involved with it then, but there were some test pits out on site that had already been tested a couple years prior. They used the information from those prior tests to design the original drainage beds. When they went out to begin construction they found the level of the ground water to be higher and they had to go into a redesign. Bird: Who had determined the ground water level, the engineers that engineered the parking lot or -- Siddoway: I'll have to turn that question over to Elroy. Bird: -- or us or somebody else? Huff: Mr. Bird, Members of the Council, a year and a half or so prior to that we had opened some test pits on that site, let those sit and determined the ground water. Meridian City Council August 14, 2007 Page 14 of 99 C~ When we went into design on that project and got further into that, I was asked by The Land Group if we wanted to do another survey of that. It's my choice to say no, I felt like the data that we had taken ourselves was good enough to be provided. I didn't have any idea that the ground water would have been that much different. We couldn't get the one foot separation. The only way to get that was to redesign it and build it differently to push -- make the water when it's in the drainage pit go a different way so it would gradually seep in and that was my decision. Bird: Thank you, Elroy. So, what we are -- Steve, is we need 487,000 dollars and we might get 8,000 back? Siddoway: Well, plus the 315. It's the -- it's 315 minus the 90. Bird: So, in other words, your change order, then, is only -- Siddoway: The 170 -- Bird: Was only 100 -- if we are getting 315 back is only 172,000. Siddoway: That's correct, sir. But since those -- since those costs are incurred by the city, we need spending authority for that amount and, then, we will be reimbursed as well. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Steve, does the other 90 come at the completion of phase two? You indicated you had 225,000 paid. Where does the other 90 get reimbursed? Or when I guess? Or am I reading that wrong? Siddoway: The -- one second. I need to refer -- De Weerd: The net effect is the 171,452.22. The amount that we were to be reimbursed by Meridian Youth Baseball was first offset by the amount that we owed to the phase two additions of 90,000 dollars. Borton: Oh. Okay. De Weerd: So, the net effect is the 171 and with realization that we had all phase two additions at very minimal cost -- and we will come back once -- staff is going to sit down with McAlvain Construction and start calculating the donated value that also was received. You have seen the cash donations in the 315,000, but what you don't see is Meridian City Council August 14, 2007 Page 15 of 99 all of the in-kind and we will bring that back at a later date. Right now finance needed this to wrap up things for the budget that we need to get approval on, so -- Siddoway: And that's right. If the amount's reduced from 315 to 225, we should not have to pay out as a city the 90. Meridian Youth Baseball should cover that as the rest of their 315. Burton: Thanks. Watts: Council Members, the -- I believe the 90 has already been incurred by Meridian Youth Baseball. That work has been done and paid already, so we have already received the benefit from that. De Weerd: Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: It's not really a question, it's just a comment. As was said earlier, many of us have seen the complex and even watched as it progressed. It has already turned out to be a benefit to Meridian and as we teamed earlier we are excited that the Meridian team actually initiated it by winning the first contest there and -- but that just proves what the current and future benefit will be to this entire -- from this entire complex to the City of Meridian and my feeling is its value is well beyond what we are being asked to spend here. De Weerd: Thank you. Anything else, Council? I will need a motion approving this amendment. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the budget amendment and change orders for Meridian Youth Baseball Complex. Bird: What amount? Zaremba: For an amount not to exceed 487,000 dollars. Bird: Second. • Meridian City Council August 14, 2007 Page 16 of 99 De Weerd: I have a motion and a second to approve the amendment in front of you with the caveat that it was offset with the 315,000 in revenue from MYB, with a net effect of 171,452.22. Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. E. City Council President: 1. Meeting Format Discussion De Weerd: Thank you, Council. Item E is City Council President on our meeting format discussion. Borton: Thank you, Madam Member -- Madam Member? Madam Mayor, Members of the Council -- mumble mumble. It's not necessarily one for discussion right now, but I want to throw it out -- an idea that we will bring back to discuss, maybe at the end of the month, because I want everyone to get a chance to think about it, and that is -- and today's a great example. It's the idea of making the fourth Tuesday of every month -- and it might be reverting back to the way some things might have been done in the past -- making the fourth Tuesday of every month sort of like one big Pre-Council. We are more often than not, three to four times a month, we are doing these 6:00 o'clock or 5:30 pre-Councils and at least for me I had some concern and our city clerk actually sparked the idea. You don't have a chance to kind of digest and ruminate some of the broader policy topics that come up in some of our pre-Council discussions. So, the idea would be to change our formats to have that fourth Tuesday be where those pre-Council slash workshop discussions are had. There is really nothing more specific to the idea than that, other than it might give us a chance, one, to be consistent in how we start our meetings. Today, again, a great example, so the public knows when a 7:00 o'clock meeting starts at 7:00 o'clock and it also gives us a greater chance and more flexibility to dig into issues that might come up in some of these Pre-Council topics which are more and more frequent. So, that was the idea. There is a delay cost to developers and applicants of a week to the extent we wouldn't be completing city business on that fourth Tuesday. The cost benefit I think might help Council -- at least me make some better decisions in the big picture and might also be beneficial to the department directors who can get some more consistent and clear guidance from all of us. If it doesn't work, then, we can switch back, but that was the idea that everyone needs to chew on and tell me if it makes sense or not and we can bring it up at the end of the month. De Weerd: Mr. Rountree. Meridian City Council August 14, 2007 Page 17 of 99 i Rountree: Madam Mayor, just a comment, just for thinking purposes. Might add to that concept that, you know, we are -- on any one evening, any one Tuesday night, we don't necessarily know what the outcome of the public involvement is going to be, but occasionally we do know that there is going to be issues that have very strong opinions on both sides and we usually have an opportunity to hear those for several hours and, then, are given 15 minutes to make a decision. I would like to consider that if we are going to do a workshop that part of that workshop be an opportunity to work through some of those tough issues with the folks that are closely involved with it, the public, as opposed to a room full of people that might not even be interested in it, and spend more time in the decision making process on some of those, as opposed to being put in a position where you're making a quick decision based on a lot of information that at 1:00 o'clock in the morning sometimes just is probably not the best way to do things. So, just add that thought to something that might be added to those meetings. Borton: Thank you. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Members of the Council, President Borton. I don't know if -- I don't know how -- historically how it was divvied up and perhaps the clerk could help me, but I was only wondering if instead of the fourth Tuesday, if it were the second Tuesday, in that if it's the fourth Tuesday and, then, you have a fifth Tuesday, then, you're in a situation like we are in tonight where we are catching up for three weeks, which makes it a long agenda. De Weerd: Actually, if I remember correctly, Mr. Berg, it was the second Tuesday that we had a workshop. Bird: No. De Weerd: No? It was the fourth? Bird: We only met the first and third. Rountree: The first and third. Bird: The second we took off and the fourth one we had our workshop. And we didn't take nights -- we didn't take -- we didn't deviate from the first and third. If we did -- if we had to take the first off we -- or the third, we made it up the second. And, then, we went to three nights -- three meetings a month, with the workshop on the fourth and, then, the other -- the only thing I caution is I think -- I think we are okay at this time, because our projects and our applications are back in the early'90s in volume right now, they are not U Meridian City Council August 14, 2007 Page 18 of 99 • like they were two years ago. If they go back like that -- I don't know about the rest of the Council, but at 12:00 o'clock at night -- I don't have the sharpest brain to start with and it gets a lot duller at that time and I've spent -- I've spent probably more time here, other than maybe Mr. Rountree, until to 2:00 or 3:00 o'clock in the mornings and I'm telling you it's not good for the public and it's not good for the Council. You don't make good decisions. So, I'm for looking at it at this time. I think it's probably a pretty good time to do it, because of the volume, and see if we can't do something. I like the workshops. We can -- as a Council there is lots of things that we need to do in workshops. We -- we have let policies and stuff slip because we haven't had time to do it or the time that we took to do it and that's something that we always worked out in the workshops. So, I'm with Mr. President, I agree with you wholeheartedly and I think we need to have a discussion at full and see what we can do. De Weerd: Well, since three of us have sat on planning and zoning -- oh, four of us. Mr. Nary, Mr. Rountree, Mr. Zaremba and I. You don't even know how late things can go until you're on planning and zoning. So, Mr. Borton, what are the next steps? Do you -- I believe that this is by resolution or is it by ordinance? Nary: Madam Mayor, Members of the Council, the current ordinance -- if you're not changing the meeting date or time, the current ordinance is sufficient. If you want to either add a specific regular meeting -- and Iknow -- again, you didn't want to fully discuss this tonight -- currently when we have a fifth Tuesday we don't normally meet. That might be an opportunity for you to consider whether to have a meeting at. a different time, whether to have it in the daytime and allow other folks that maybe don't get down here at night unless there is a specific topic, to see what other business you have. Not to have our hearings, necessarily, but to have, again, some of the discussions you're talking about, whether it's department reports or workshop topics and things like that. That might be an opportunity to do something like that. If you wanted to, then, we would need to amend the ordinance, if you were going to regularly meet on a certain date. But right now your ordinance is sufficient, if all you were doing was changing the subject of the meetings, then, the ordinance is fine, so -- Borton: Madam Mayor? De Weerd: Yes. Burton: The latter was what was intended by the suggestion is only change the substance of the meetings, not the times and dates. So, I don't think there is any action at this point, other than to let everyone sort of think about how it might work, comments like Mrs. Canning's on making it on a second versus the fourth. Things like that I want us to have a chance to chew on and I might bring it up again at the end of August and say what does everybody think. And maybe circulate a proposal before then and discuss that. But nothing for tonight. s ~ Meridian City Council August 14, 2007 Page 19 of 99 Item 7: Items Moved from Consent Agenda: H. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Request for a Conditional Use Permit for the operation of a bar, the Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: De Weerd: Thank you. Item 7. We did have items removed from the Consent Agenda. So, I'll tum this over to Councilman Zaremba on 7-H. Zaremba: Thank you, Madam Mayor. Item H is a CUP 07-004 relating to Busted Shovel and it is our approval of the Findings of Facts and Conclusions of Law for approval. Since we had a heavy discussion and one of the items that was important was that they remove their sidewalk presence, I'm happy to say that in driving by it they actually have done that, but I was checking this particular item to make sure that the CUP facts and findings did say that and I don't have any findings in this, so -- Bird: Get on your computer. Zaremba: Uh? Bird: It's on your computer. Zaremba: When I -- when I bring it up nothing happens. Oops, I just lost the -- it's blank. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, I looked at that when you brought it up and there should have been findings -- and, actually, I thought they were transmitted, but I could be mistaken, because there should be findings with the appeal findings, because of that specific requirement that was put into the CU. So, what you should have in front of you is appeal findings and a CUP with those modified conditions and somehow that either didn't get transmitted -- I know it was completed, because I did review it and somehow it didn't get transmitted. So, I would simply ask that you vacate Item H tonight and, then, we will put that on next week and have both of those so it's clear. Just to clarify for the record, those -- the chairs have been removed, there is no license agreement that they were able to secure, but separate and apart from that, it does need to be included in their CU requirements for them being a bar, they are required to have a CU and the Council's direction was that they would not be allowed to have outside seating regardless of whether they had a Meridian City Council August 14, 2007 Page 20 of 99 license agreement. So, somehow that got --didn't get transmitted correctly. We will get that taken care of for next week and we can vacate it off tonight. Zaremba: My concern was the current and future possible owners -- Nary: Correct. Exactly. Zaremba: -- will have that on record. Nary: Exactly. Zaremba: And that's a good solution to me is to put it until next week and see the findings. Nary: Okay. Zaremba: Thank you. On Item M, an agreement -- De Weerd: I'm sorry, Mr. Zaremba. Just a moment. Zaremba: I'm sorry. De Weerd: Mr. Berg. Berg: Yes. Thank you, Madam Mayor. As far as this -- what the item on the agenda says, CUP findings, that is listed in the documents under CUP, not under appeals. Nary: Right. But is -- I didn't -- did I miss it? I didn't see in there the specific requirement to not have outside seating. I think that's -- that's the only thing that we needed to amend those findings. What I thought I could find on the laser fiche was the CUP findings are transmitted from the Planning and Zoning Commission without that amendment and that's what I'm saying is the appeal and the amended findings is what we should have and somehow we didn't get that transmitted to your office to have it on the laser fiche. Berg: So, what is on the CUP that we have -- Nary: It's the CUP that was granted by the Planning and Zoning Commission that doesn't include the outside seating. Bird: That's right. Meridian City Council August 14, 2007 Page 21 of 99 Berg: And Iguess -- sorry, Madam Mayor. I'm just looking at the second paragraph that said findings approved on August 14th. So, the assumption was that these were updated. So, you're saying they are not updated? Right? Nary: Correct. And we should still have an appeals order as well and that isn't here either, but, like I said, when I read through it when Councilmember Zaremba raised the question, I didn't see that specific requirement. All I saw was that this was the findings that were prepared and approved by the Planning and Zoning Commission. Zaremba: Sony to be so picky, but I -- just for the benefit of future owners they need to know that. De Weerd: Uh-huh. No. Agreed. Anything further on this? M. Aareement for Professional Services for Human Resources Consulting with BDPA. Inc.: De Weerd: Okay. Item 7-M. Zaremba: This is an agreement for professional services for human resources consulting and the actual agreement that we have in our file is a fairly typical boilerplate that refers us to Exhibit A for the scope of work and for the compensation and I have no Exhibit A that I can find. So, the actual meat of it is not there. Nary: Madam Mayor, Members of the Council -- and that would be -- and I know we transmitted that one, too, so I don't know why it's not there. This was a renewal agreement. We had a prior agreement last budget year. They did perform a new service for us, they have completed it, they sent the contract, but the scope of work I thought was included and transmitted to the purchasing department, so -- if it didn't get to Mr. Berg's office, again, I'm song, I apologize, we will just take -- if you wouldn't mind vacating it, we will just put it on next week. Zaremba: Okay. Nary: We have already paid them, so -- Zaremba: Well, this is a clean up, I'm sure, and -- Nary: But you, obviously, wanted it to be reflective of what it is. Zaremba: -- boilerplate typical stuff. Nary: So, I apologize, I thought it had been done, so we will just make sure that gets taken care of for next week. • Meridian City Council August 14, 2007 Page 22 of 99 N. Development Agreement: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design -1695 South Locust Grove Road: De Weerd: Okay. And 7-N. Zaremba: N is a development agreement AZ 07-004 with Locust Grove Professional Office Building and this is more of a question. On page five, paragraph 14 says that they shall provide either bollards or cemented pipes opposite the driveway and it's -- that's an unusual request and it's not apparent why or -- or what would cause them to be in compliance with it. So, I would like to ask that we add to paragraph 14 -- it begins that the applicant installs either bollards or cement posts in the southwest comer of the lot parallel with the entrance to the site and Iwould -add: In a manner that shall prevent any runaway vehicle on the entryway slope from penetrating the property line to adjacent property. I'm just concerned that the purpose for it and how they would comply isn't -- is not evident from the request. De Weerd: That is why those requirements were in there, so -- Bird: That's right. Zaremba: I'm afraid that would be forgotten years from now if somebody -- well, either a compliance officer that wants to see if they are put in right, they need to know that and years from now somebody needs to know not to take them out and why. De Weerd: So, your recommendation is to add the additional language in there? Zaremba: Uh-huh. De Weerd: And, Mr. Nary, that would be something they can still approve with the suggested language and you can -- Nary: Yes, Madam Mayor. They can -- we can do that and insert them -- Zaremba: Just call them an amendment and -- Nary: Right. And I guess to make sure it's clean, it might be easier to make that direction and, then, bring it back next week, so that's cleaner. Bird: I was just going to say, I'm not voting on it. i • Meridian City Council August 14, 2007 Page 23 of 99 Berg: Madam Mayor, just -- the applicant did sign this agreement, so they need to probably, in tum, look at it and sign the amendment or insert the page and they are okay with it or whatever direction, but we have them sign it before we bring it to the Council. De Weerd: Okay. Berg: And, thusly, we don't approve an ordinance until the development agreement is signed. Zaremba: In that case, Madam Mayor, it would also affect Item 24 on our agenda, which is the ordinance that approves that. I'm done. I have caused enough trouble. De Weerd: I'll remember you saying you're done for the rest of the meeting. Bird: Madam Mayor? De Weerd: Yes. Bird: Then, I understand that Item H, M and N will be redone and brought back to us and anything that's been signed by the applicants will be taken before them and okayed before it comes here. Nary: Right. And, then, Item 24. Rountree: And Item 24. Bird: Well, we will get to Item 24 when we get to it. Rountree: When we get there. De Weerd: So, there is no action required on these items? Bird: We need an action. De Weerd: Do we need official action from Council? Nary: Madam Mayor, all of them -- if you would simply -- they don't require re-noticing, so if you would move -- if the Council would move to vacate Items H, M and N, we will, then, take them back, get them done, bring them back. De Weerd: Do I have a motion? Zaremba: Madam Mayor, I would make that motion. • Meridian City Council August 14, 2007 Page 24 of 99 De Weerd: Please. Zaremba: I move that we vacate from this week's agenda what was originally Items 5, H, M, and N and are now Items 7, H, M, and N and have them returned to our agenda at a later date. Bird: Second. De Weerd: I have a motion and a second to vacate Items H, M and N from the Consent Agenda, as well as Item 7. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: FP 07-022 Request for Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone for Sundial Subdivision by Gemstar Properties -west of North Linder Road and south of West Ustick Road: Item 9: FP 07-023 Request for Final Plat approval for 6multi-family building lots and 5 common lots on 5.17 acres in an L-O zone for Waverly Place Subdivision by Vacation Villas, LLC - 2510 Magic View Court: De Weerd: Items 8 and 9, FP 07-022 and FP 07-023, are final plat approvals. We do have agreements from the applicants that they agree with the conditions as presented by staff. Anna, any additional comment? Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-022 and FP 07-023. Rountree: Second. Zaremba: Second. Meridian City Council August 14, 2007 Page 25 of 99 De Weerd: I have a motion and two seconds on approval of eight and nine. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: VAC 07-010 Request to vacate the existing right-of-way of Magic View Court for Waverly Place Subdivision by Vacation Villas, LLC - 2510 Magic View Court: De Weerd: Item 10 is VAC 07-010. Anna. Zaremba: And nine. De Weerd: Pardon? Zaremba: Aren't there two things on Waverly? Canning: You have already acted on the final plat, Madam Mayor, Members of the Council. Zaremba: I'm sorry. Canning: The vacation -- we do have the necessary relinquishments and staff recommends approval. De Weerd: Okay. Canning: There are no outstanding issues that we know of before Council. De Weerd: Thank you. Council, if there are no questions, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 07-010. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10. If there is no discussion, Mr. Berg. Meridian City Council August 14, 2007 Page 26 of 99 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar ~ Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: De Weerd: Item 11 is a Public Hearing on AZ 07-007. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Amar Request @Wapoot and it's located at 2400 West Wapoot Drive, which is generally north of McMillan Road and approximately a half mile west of Linder Road. It's on the -- as shown on the site here and I think it will help if you see the aerial photograph, you will notice that this is served by a flag lot for Wapoot. There we go. And it's a larger parcel in the middle of the development and you will see it has -- it backs up towards Goddard Creek Way. So, the application before you tonight is for annexation and zoning of 1.56 acres to R-8 and that's to be consistent with the surrounding properties. The site is currently approved with a single family residential home and accessory outbuildings. There is no further development proposed at this time. The Planning and Zoning Commission has recommended a DA with a couple of provisions. One would be that the applicant be responsible for the cost of the associated water and sewer installation, which is the primary purpose of this proposal before you tonight. And, in fact, they already, I believe, received those services from the City of Meridian. And the second one would be that all future development of the subject property shall comply with City of Meridian ordinances for the R-8 district in effect at the time of development. The applicant is also going to request that there is -- there is an accessory structure located in this comer and he will -- Mr. Amar will have additional information on this, but he's requesting that that be allowed a side setback from this west property line for the purpose of expanding that -- that outbuilding in the future. And that would be consistent with the setback all along Goddard Creek here. Both these properties to the north and south of him would have side setbacks along that west property line as well. We would want to include that as part of the development agreement. The reason we need to include it is because this is an unusual shaped parcel in that it's a very large flag. It's a little unclear -- they, obviously, have a huge front setback, either whether you measure it from the home to the east property line or whether you measure it from the lot to the flag, it's a very large setback, but the development is kind of clustered in this rear comer and it's difficult to provide the rear setback with that outbuilding. The applicant has some elevations. I don't have any in this -- in the presentation, though. The Commission did recommend approval at their July 5th Public Hearing. Kevin Amar spoke in favor of the application. No one spoke in opposition or commented or provided written testimony. There were no key issues of discussion by the Commission and no changes to stafFs initial recommendation and to our knowledge there are no outstanding issues before City Meridian City Council August 14, 2007 Page 27 of 99 Council. We do need to have you add that development agreement regarding -- or the development agreement provision regarding the west property line setback, if you choose to do that. With that I'll answer any questions Mayor and Council may have. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You mentioned elevations, but I don't see any lots. I see two points of access and no mention whether one or both will be requested. It appears that the lot on the -- I assume north is to the top -- on the west side of this lot, at least in the current subdivision, is a common lot -- Canning: Yes. Rountree: -- and a landscape lot. Would that be continued on this parcel? And if that's the case who would have jurisdiction and be required to maintain it? Just a few little details like that. Canning: Madam Mayor, Members of the Council, this -- there is a landscape lot between this lot and Goddard Creek and I believe the subdivision does take care of that. And to be truthful, I'm not quite sure which subdivision this is in these days, so -- so, the applicant may need to help me on that one. They are not proposing any further development. So, this is just the one house in the middle of the subdivision. They are not proposing a plat to subdivide it at all. This is their family home. Rountree: And if you would take me back to the beginning slide, surrounding land uses. Canning: Okay. Rountree: Not enough time. Canning: They had six days. No. Sony. De Weerd: Oh, I know whose lot that was. This was Mr. Moss's lot. Canning: Yes, it was. So, this was -- this was an outparcel. It had access from an easement, so it was not required to be included in the original subdivision. De Weerd: So, it's kind of in the middle of Lochsa Falls and Kelly Creek, then? • Meridian City Council August 14, 2007 Page 28 of 99 Canning: Yes. De Weerd: So, yeah, what will it belong to? That's a good question. Nothing. Canning: Yeah. I don't believe it's subject to any of the homeowners associations at this time, although they do have an access easement -- I guess I didn't answer that, Mr. Rountree, I'm song. They do have an access easement across that landscape lot. It is built currently and that's to provide access to that rear -- or comer of their lot. So, they do have two access points. Bird: Madam Mayor? De Weerd: Yes. Bird: I do have a -- Anna, I do have a question. Now, when we -- when that come through -- aren't those eight lots that butt up to it, aren't they R-4s? We did that for that owner. Canning: Look -- the ones to the north are R-8. The ones to the south are R-4. Bird: Get back on that other deal, then, Somebody's -- Rountree: Sizewise -- Bird: Sizewise, in that picture, if that's even close to scale, they are the same size, same width, and maybe the south ones might be a little shorter. I don't think so. I think -- I recall making -- the owner of that property wanted larger lots there to back up to his and now we are going to come in with an R-8? I don't think so. Canning: Madam Mayor, Members of the Council, the lot would still certainly meet the R-4 standards if that's Council's desire. Bird: But the zoning is going as R-8; right? Canning: They have proposed R-8. Bird: Okay. De Weerd: It's a request. Bird: Yeah. Rountree: That's a request. Meridian City Council August 14, 2007 Page 29 of 99 Canning: You can -- you could ratchet that upward if you would like without affecting the noticing. So, you could make it R-4 without having to re-notice the project. De Weerd: Thank you. Anything further at this point? Is the applicant here? If you will, please, state your name and address for the record. Amar: I will. Thank you, Madam Mayor, Members of the Council. My name is Kevin Amar. Address is 2364 South -- well, 2400 West Wapoot tonight. I'm here -- and I will try to go back, but not clear to the beginning. I'm not going to go to the six days part of the beginning, but the beginning as I understood it and how we got where we are today and why this wasn't annexed or at lease why I understand it wasn't annexed. This property was owned by -- as Madam Mayor remembers well -- Tony Moss. We purchased it from Tony Moss with the understanding that development's going around us and were provided at that time --along time ago there was an access easement all the way out to McMillan. Obviously, that had to go away with the development of Kelly Creek Subdivision, so we were provided this flag lot off of Wapoot. Also an access to the rear of the property and that rear access is rarely used. There is an RV that we pull in and out, but it's -- our primary access is off of Wapoot Drive and that's the daily use access. As far as what was requested with the zoning, (reviewed -- when we made application for this I simply said we want R-8 zoning, because that was what the Comp Plan said and I also reviewed it based on setbacks for -- for future construction and for the use of the property. I do have with me -- and I visited with all my neighbors out there. And, in fact, I have a signature sheet and a sheet indicating all the neighbors that we did visit with and we have reviewed with all those neighbors our proposal that we are doing tonight of setback issues of anything that we are doing and have unanimous support of all ten neighbors that actually touch the property and even those neighbors across Goddard Creek. They, basically, say as long as you don't cut down the trees we don't care. And we are not cutting down the trees. So, the proposal before you is for annexation and zoning of this property. Again, as I stated, we requested R-8. Two reasons. That's what was on the Comprehensive Plan and we were trying to be consistent with that and, two, it was also -- the surrounding area, although they may be zoned R-4, the setbacks are R-8 setbacks. So, I probably don't care if we zone it R-4 and allow R-8 setbacks similar to everyone else, I'm just trying to annex this. The whole reason we are here this evening is the sewer had failed and we requested to hook up to the sewer, because you can't rebuild your septic tank, so we are hooked up to the sewer, we have paid those fees, this is just processing the final step to -- for the annexation. I do have -- Anna, is the overhead ready? I'll show real quick and I'm going to request to use Anna's microphone if I might. This is the location of the property with the large parcel in the center. All of the -- all of the lots surrounding it have names and, then, the two X's we have discussed with all of those neighbors this proposal and I have a signature sheet that I'll hand to Mr. Berg that gives their unanimous support of the project. They are all aware of what we are doing. There was some confusion -- as you're aware there is an apartment complex -- I'm sure you guys haven't heard of that -- Meridian City Council August 14, 2007 Page 35 of 99 De Weerd: Mr. Amar, this -- this item passed, but I do need to talk with you on a couple of other items. Since I have this as -- Amar: Do you want to do it right now or - Item 12: Public Hearing: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlauist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: Item 13: Public Hearing: PP 07-012 Request for Preliminary Plat approval of 6 lots on 6.67 acres in the proposed C-G zone for Gardner-Ahlauist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: De Weerd: No. I don't want to do it right now. You don't want me to do it right now. So, if you would -- I never see you, so I took that as a point of order. Thank you. Item 12 is a Public Hearing AZ 07-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, yes, we are to the Gardner-Ahlquist Gateway South project and this is located near the southeast comer of Franklin and Eagle Road. The applications before you tonight are for annexation and zoning and preliminary plat. The area outlined includes the Gardner-Ahlquist Gateway North portion. The portion you're actually considering tonight is as shown in red, but you recently approved the area just to the north. De Weerd: Okay. Anna, I did open Item 13 as well, so feel free to comment on that, too. Canning: Good. Thank you, ma'am. The project includes the annexation and zoning of 6.67 acres to C-G and preliminary plat approval of five commercial lots and one private street lot. The applicant intends to develop a large office and retail center on the site that would include several office buildings and some smaller scale commercial structures. I'm sorry, ma'am. As I mentioned earlier, Council did recently approve a request for annexation of the 22.3 acres and preliminary plat for 11 commercial lots on the Gardner-Ahlquist Gateway Subdivision and that's as shown in the blue. Originally the application, that first one, did include this, but they -- they, for various reasons, the applicant chose to divide the annexation area into two parts. So, the subject application will, again, be complete with this application. The proposed commercial square footage -- the concept plan proposes between 492,000 and 674,000 square feet of combined office and retail space for the site. Approximately 327,000 to 466,000 square feet of that space would be located on the phase one and, then, between 165 and 208 thousand square feet would be in phase two, this south project. So, what we are talking about here is 165 to 208 thousand square feet. The applicant is in the process of Meridian City Council August 14, 2007 Page 36 of 99 submitting a development modification on phase one and that would clean up that development agreement and would combine this with it. So, that is in the process. That's okay. Don't wont' about it. Don't wont' about it. The applicant is concerned, because this is an older drawing, but that's okay, we will get to the newer one. I'm trying to explain the DA, because this is the only place where this -- the application gets tricky is that we -- we had a combined property, we kind of split it, the north half went through, the south is now coming up to it, and we have got a DA coming that will combine the two again, so that it will be one development agreement. But you don't have that before you tonight as a specific item. It will be coming before you and there are specific provisions in the staff report to be included in that. So, we will clear up that and we will move on with the preliminary plat, so that the applicant doesn't get so nervous with the outdated site plan up on the board. The -- actually, I may not have a revised site plan. I do not. So, I'll have the applicant present the revised site plan. So, as I mentioned before, they are in the process of bringing in that development agreement. The unusual provisions of that would be that -- to specify the square footages, as I mentioned before, that the -- to tie them to the elevations -- we have a heated discussion going on over there. Sony. It's been distracting me. Any buildings located adjacent to Eagle Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road. That they locate a minimum of two buildings, five buildings total, including the north phase, abutting the landscape buffer along Eagle Road. So, the idea is to bring some of those buildings up to Eagle Road. No direct access to the Gardner-Ahlquist Gateway South shall be allowed from Eagle Road. That access is on the northern property, as you can see there. And the applicant shall obtain a recorded agreement which allows the Gardner-Ahlquist property's access to and through the private property located on the southwest comer Montvue Park Subdivision. So, that's in this comer down here. Said document must also reciprocate access to the property to and through this property as weld. So, it would be reciprocal. And that they have a continuous 35 foot wide landscape buffer along Eagle Road and the applicant shall be responsible for the construction of a ten foot wide multi-use pathway with a public use easement and the installation of street lights and landscaping along Eagle Road, State Highway 55, that is consistent with the Eagle Road corridor study. I do have some elevations. I flashed through them before. These are the office elevations and some of the retail elevations. The Planning and Zoning Commission did recommend approval at their July 5th, 2007, Public Hearing. Pamela Hall and Brian Foote spoke in favor of the application. No one spoke in opposition and no commented and there was no written testimony. The key issues of discussion by the Commission were that the Council had approved aright-in, right-out, and alert-in with the Gardner-Ahlquist Subdivision phase one on Franklin Road, not in keeping with the Commission's recommendation for aright-in, right-out only. That the applicant will be submitting for a development agreement modification to ultimately combine the separate development agreements. I already spoke to that. The existing and proposed landscaping along St. Luke's Street, which is just to the south of this property. There it is. And that staff did obtain from the applicant a recorded agreement which allows the Gardner-Ahlquist properties access to and through the Meridian City Council August 14, 2007 Page 37 of 99 private property located at the southeast comer of Montvue Park Subdivision. So, there was no key changes to staffs initial recommendation. To our knowledge there are no outstanding issues before Council, other than, apparently, we need an updated site plan. So, with that I'll answer any questions that Council may have. De Weerd: Okay. Council, any questions at this time? Bird: I have none. Rountree: I have none right now. Zaremba: Madam Mayor, I do have one. De Weerd: Mr. Zaremba. Zaremba: Do you have an aerial view or something that would show the property directly to the east of this? Yeah, that's what I'm looking at. When this property developed there was a lot of discussion that they were connecting a public road to a private road essentially with a driveway. The redesign of the roadway -- are they going to have access anywhere other than St. Luke's, the property that is to the east of this? Canning: Yes. That is the recorded reciprocal cross-access agreement that I have been talking about. It is with that piece of property right there. So, they are -- the folks on the Gardner-Ahlquist property will get to travel along that commercial drive aisle connection to get to St. Luke's Drive at the light and vice-versa. The folks in -- using that Montvue business or what used to be Montvue business, will be able to access through the Gardner-Ahlquist property up to the new road that will connect east-west and connect to Eagle. Zaremba: That's the explanation I needed. I thought it was two separate subjects and they were -- the old people were being cutoff, but -- yeah. They are being included. Canning: No. No. Just the opposite. We wanted to insure that they were included. Yes. Zaremba: Yeah. Thank you very much. De Weerd: Thank you. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Ahlquist: Tom Ahlquist, 13901 West Wainwright, Suite B, Boise, Idaho. De Weerd: Thank you. • Meridian City Council August 14, 2007 Page 38 of 99 Ahlquist: Good evening, Madam Mayor and Councilmen. Appreciate coming back before you again. I will make this as brief as possible, because we will be coming back through with an amended development agreement from phase one. Things got a little messy. Even the slide tonight showed -- it wasn't that it was not an updated slide, it was that the orientation of our property was wrong, which could lead to even more confusion in an already confusing development agreement. What happened when we came the first time is because of land acquisition we had to phrase this into two phases, which is probably the wrong terminology. We brought forth one subdivision and, then, a second subdivision to match our land acquisition. By doing so we presented to the Council what we were going to do per Council's request on the entire project. The development agreement ended up reflecting some requirements for the entire project, some for just for north and some just for the south and the square footages were all over the place. Rather than address those tonight, we were -- it was requested that we submit an application to amend that development agreement, at the same time incorporate items from tonight's meeting into that development agreement. So, we will go through those exact square footages and some of the items that we need to clear up then. They are fairy minor. Most of them are just errors in square footages that we want to make sure are clear. There are two items that we would like Council's discussion on this evening. One is we want absolute clarity on the St. Luke's Drive issue, even though we have explained this multiple times, with changes in staff I want to make sure that we are very clear. When Med Properties, LLC, or Verska and Jorgenson brought through their building, at that time there was an agreement and a settlement with St. Luke's between all of the Montvue owners and St. Luke's. One of the Montvue owners was that small parcel -- Anna, just -- it's noted that little triangular piece to the -- if you head north with your pointer. Right there. That piece was sold to and St. Luke's helped purchase that piece to provide a permanent easement and connection between their private drive and between this development. That will be used as an access point. We have been working closely with St. Luke's, they do not want any major access point or a road tying into their private drive and it's actually illegal to hook a public road into that private drive. So, with our traffic engineers we have -- that will be an access point with our current road built to ACHD standards, but it's a private road into our development and that -- that easement -- that agreement is in place. That same easement and agreement give us the right to go over Med Property, LLC's, property to get to St. Luke's Drive and it's one agreement. In the staff notes there are -- there is a paragraph on page nine that says that we turned in evidence of an agreement with St. Luke's, but we needed an agreement with Med Prop, LLC. It's the same agreement. So, we would just like to pull that out and make sure that it's clear that same agreement addresses both access across their property and with St. Luke's, because that is a key issue. Otherwise, the development agreement would state that we needed another agreement with Verska and Jorgenson. Other questions we have tonight -- at our last City Council meeting when we came through it was requested that we landscape along Eagle Road in accordance with the Eagle Road corridor requirements that were out there. As we have investigated that and tried to get clarity on what that means and what is desired of Council -- and we met with staff several times and tried to understand what exactly you • Meridian City Council August 14, 2007 Page 39 of 99 • want, that's a little more up in the air than I thought it was that night. The requirements for trees in that Eagle corridor study, we would really only be required four trees all the way down Eagle Road, which is clearly not sufficient for what we want to provide there in landscaping. The other requirement is for a ten foot meandering sidewalk. There is already a five foot sidewalk that runs along Eagle Road. So, we turned in a drawing to staff that showed a -- as part of our final plat for phase one, our subdivision one, showing a meandering sidewalk, including that five feet, which has trees with tree grates that I think will look very nice with the lights that were approved or desired through that Eagle corridor study and we feel will actually be better than what was required, but it was still very vague how many trees and at what distances those trees and lighting should be. And so know that that was another requirement in this development agreement, so I just wanted to see if there was any other clarification we could get tonight on those plans. De Weerd: Anna, do you have any further clarification on that topic? Canning: Madam Mayor, Members of the Council, I was going to look through the file. I know staff brought the -- basically the five and five proposal to my attention and Iwas -- it looked fine to me. It looked like an inventive solution to the issue, but I don't know exactly how it was resolved in the staff report, so it may take me just a moment to look that up. De Weerd: Okay. Canning: Generally on a preliminary plat we would have made very specific conditions as to what was deficient on the landscape plan if there were concerns, so -- so, I suspect that good -- no news is good news in this case and perhaps the applicant just isn't aware of that, but Iwill -- I will look it up quickly, so -- De Weerd: No news is good news. Ahlquist: Okay. And, Madam Mayor, the only reason I bring it up -- it was a significant request at our first Council meeting, I wanted to make sure we were complying. It is a main comdor into Meridian and wanted to make sure that was something that was acceptable to Council. That's really all I have. I think that we will come before you again in a few weeks with our -- with out development agreement and gives us a chance to take care of some of the square footage issues that were in error in the development agreement, but we are very excited. We are moving forward, we have signed several very impressive tenants that I think the city will be very pleased with and we will have some more information on that when I present again. We have our hotel signed up. It will be the only four diamond hotel in the state of Idaho and it should be very very nice and kind of anchor our site. We have several other tenants that are very excited and we are excited to get rolling here. Get through all of this process. Meridian City Council August 14, 2007 Page 40 of 99 De Weerd: Great. Thank you. Ahlquist: With that I stand for questions. De Weerd: Council, any questions for the applicant? Bird: I have none. Canning: Madam Mayor? The conditions of approval state that the landscape plan prepared by Edwards Landscape Architecture labeled Sheet L-1 is approved with the following conditions -- and it just simply states construct a 35 foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right of way, exclusive of impervious surfaces and conform to the design and construction requirements. I think the reason it emphasizes ultimate is because there is some question as to who owns portions of the property up here along -- this is Eagle Road, to orient you, and, then, this is Franklin -- and every time I get my mouse up there it clicks off, but these two little properties -- but I -- the last update I heard from ITD is that you are resolving that and - Ahlquist: Yeah. That has been -- it's taken way too much time. This piece of property right here, we have gone back and forth with ITD who owns it. They each claim they don't own it. We needed to gain some sort of way of licensing it to even landscape or use it and, then, at the end of the day there was a small sliver in there that was in no man's land. That is all worked out through very very complicated agreements that I don't even understand that my consultants are taking care of. But through the exchange process and licensing process with ITD and ACHD it will be landscaped to the street, the buildings will all be uniform along the street, and it will all fit in very nicely at the end of the day. De Weerd: Thank you. Mr. Rountree. Rountree: I just have a question. Which is easier, surgery or going through this process? Ahlquist: I'll take a heart attack any day. Rountree: Thank you, doctor. De Weerd: Well, you asked. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council August 14, 2007 Page 41 of 99 Borton: Anna, is there sufficient clarity as requested concerning the pathway and the lighting and -- as we had made earlier references about Eagle corridor or landscaping and -- Canning: I believe there is. To my knowledge my staff didn't have any concerns going into tonight's hearing, so I think those issues have been resolved. Borton: Great. De Weerd: Well -- and I think we have dusted off the Eagle corridor study to get to know it a little bit better anyway, so they should be upon that. Ahlquist: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council, any further questions for the applicant or does the applicant have any further comments? Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Nobody seems to need to hear anymore public testimony or anything, I move we close AZ 07-010 and PP 07-012. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings Items 12 and 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Is there any discussion, further information needed, or do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 12, AZ 07-010, with the clarification on landscaping and sidewalk that meet the standards -- have met the standards and that the five plus five sidewalk is acceptable. Bird: Second. Meridian City Council August 14, 2007 Page 42 of 99 De Weerd: I have a motion and a second. Discussion? Staff? C~ Canning: Madam Mayor, does that -- the maker of the motion, is that to include the proposed development agreement provision as stated in the staff report as well? Rountree: Yes. De Weerd: Thank you. Rountree: Always. De Weerd: Is there anything further from Council? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 13. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 13, PP 07-012. Bird: Second. De Weerd: I have a motion and a second to approve Item 13. 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 14: Public Hearing: PP 07-011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast Comer of North Linder Road and West McMillan Road: Item 15: Public Hearing: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C-G zone and instead require design review approval of all commercial development in the C-G Meridian City Council August 14, 2007 Page 43 of 99 zone for Paramount Commercial Southwest by Ustick Marketplace, LLC - Northeast Comer of North Linder Road and West McMillan Road: De Weerd: Items 14 and 15 are public hearings on PP 07-011 and MI 07-007. Canning: Madam Mayor, Members of the Council, this is the Paramount Commercial Southwest Project. It's located at the northeast comer of Linder Road and McMillan Road and the applications before you tonight are preliminary plat and a miscellaneous application to modify the development agreement in place for Paramount. The preliminary plat includes approval of 18 commercial building lots on 18.5 acres in a C-G zone. They do already have the zoning. The proposed lot sizes range from 27,800 square feet to 72,000 square feet and the applicant also requests to amend the development agreement to remove the conditional use permit requirement and to, instead, require design review of approval on all commercial development in the C-G zone. So, as you will recall, Paramount came through as a planned development and they didn't have any specific designs or concepts for the commercial development at that time, so a condition was placed upon all the commercial properties for Paramount, that they obtain conditional use approval before any -- for any use. The design review process would allow a more relevant and efficient evaluation of each proposed commercial or retail or office building in the development. Under the current CUP requirements the owner would be required to know all the potential users and designs of all the buildings and layout in the development before applying for the CU and that was always one of the big problems with the CU requirement was on shell and core uses, which they didn't know what the uses would really be at that time. Or, two, they could apply for the CUP for each and every building one by one, which, as you may recall, was a burden on staff, as well as Council at that time, but now just the planning commission. By approving a modification to the development agreement that would, instead, allow design review approval, the intended objective of both processes would be met, but with greater effectiveness and savings in time and resources for all parties involved. I have some elevations. The next one doesn't want to come up. The applicant has also included several examples of architectural details in existing buildings in Paramount that may be used in this commercial development. The applicant states in the narrative that earth tone colors, timber, cultured stone and roof pitches are examples of some of the architectural elements that will be used and which are consistent with the existing Paramount buildings and facilities. Further, the applicant states that strict architectural design guidelines and CC&Rs will govern the development of each parcel to insure compatibility with the Paramount design theme. Staff has reviewed the details submitted with the application and is supportive of the conceptual elevations submitted and the building materials listed as they are consistent with the existing Paramount development. There we go. Now they are coming up. So, we even have the updated Walgreen's elevations and -- De Weerd: That was for someone's benefit. L_~ Meridian City Council August 14, 2007 Page 44 of 99 Canning: -- and some other conceptual buildings. This is the next item. De Weerd: Wow. That looked like an old Walgreen's. Canning: The change to the development agreement is fairly straight forward. It would just remove the word -- it currently states that all future commercial townhouse and multi-family uses obtain Conditional Use Permit. We would remove the commercial at that location and add a sentence that says all commercial uses in the C-G and L-O zones shall obtain design review approval in accordance with design standards in effect at the time of the development. The L-O zone refers to other areas of the Paramount development -- Paramount -- subject to the Paramount development agreement that are about a mile away from here. So, there are other commercial properties involved in that development agreement modification, not just the subject one. The Commission recommended approval at their July 5th, 2007, Public Hearing. Michael Marcheschi and Jay Walker from Brighton Corp spoke in favor, as did Scott Stanfield, who is the project engineer on the plat. No one spoke in opposition. Brad Multon commented, as well as James Durst. And there was no written testimony. Key issues of discussion by the Commission were the inconsistency between the proposed preliminary plat and the conceptual site plan. I can go over that briefly. Here is the plat. Here is the landscape plan. There is the concept plan. You know, when these commercial subdivisions go in we pretty much know that we are going to be moving lot lines around. I have to admit that usually the concept plan and the plats aren't quite as far apart as these two seem to be, but we do know that they will be moving lot lines around and having to reconfigure properties as they find specific tenants. Another issue of discussion by the Commission was the extension of the stub street as a public street from the east property line to the west property line and that's this stub street coming out of Paramount. We wanted to make sure that it somehow maintained a public street status from going east-west, whether it takes the northerly route or the southerly route, but that it does maintain the public street status. And the proposed access points to Linder and McMillan and the ACRD approval of access points and at that point the comments were not received from ACRD prior to the Planning and Zoning Commission hearing. The key Commission changes to staffs recommendation were to allow northem right-in, right-out access point proposed on Linder Road. Oh, let's see. And the outstanding issues for City Council was that ACHD did not approve the northem right-in, right-out access points proposed on Linder Road. So, the ACHD comments are now included in the staff report and I didn't notice that as an outstanding issue before tonight, so it may take me awhile to read up on that if Council wants more information, but I will do that quickly. There has been no additional written testimony since the staff report and to my knowledge there are no outstanding issues before City Council. And with that I will answer any questions. De Weerd: Council, any questions at this point? Zaremba: Madam Mayor? Meridian City Council August 14, 2007 Page 45 of 99 De Weerd: Mr. Zaremba. • Zaremba: Would you change back to the preliminary plat as they are proposing it? Canning: The landscape plan is a little easier to see. Zaremba: And they are not indicating any streets on that -- Canning: Correct. Zaremba: I need to think about that. Canning: And that's why the -- that's why the condition was put in to require that road. And Mr. Silva would like to comment as well. Silva: Mayor, Members of the Council, one of the concerns that both the police and fire departments have is just the addressing within this and those streets should be at least named streets, so we can facilitate the addressing process and emergency response to that area. What we have experienced in other subdivisions that front major arterials like Linder, they will want to put the back of the building -- depending on what occurs on the lot, they may put the back of the building up against Linder and expect an address on Linder and that's very confusing for emergency response and the addressing issues. So, we would just like to make sure that these properties are conditioned in such a manner that they are required to take their address at the point where they have access from a public or private road. De Weerd: Would the applicant like to come forward. If you will, please, state your name and address for the record. Marcheschi: Good evening. My name is Michael Marcheschi and I'm at 12601 West Explorer Drive, Suite 200, in Boise. And you can see we have submitted a preliminary plat and at the time we submitted that preliminary plat this was the -- the most efficient and best configuration that we felt for those parcels and we have been exploring conceptual plans -- site plans and the conceptual plan that you saw is -- is the most recent in terms of street private and public layout. After we submitted the preliminary plat application we received comments from staff and from ACHD recommending the installation of the public and dedication of the public road to the stub street there. The development on the -- to the east is also preliminary platted. It's the Paramount South 60 Subdivision, but is not currently installed. And so the stub street connection does need to align with two existing streets to the west of Linder, either Apgar or Deer Crest on the west. So, that's the current jog in the public street configuration there, either to the north or to the south. If you go back to the landscape -- or the preliminary plat, we anticipated that there would possibly be lot line adjustments or changes in this Meridian City Council August 14, 2007 Page 46 of 99 preliminary plat as we went to final plat per recommendation from ACHD and from staff and the existing location of the -- the lot lines, for example, along the access points on McMillan and along Linder are positioned in such a place where -- where parcels could be -- or streets could be added that would be both shared on a -- on a parcel or publicly dedicated. So, the only real changes that we see at this point going forward with our submission of a final plat would be simple lot line adjustments to allow for the public road, allowing access to the stub street and aligning with the north -- the north full access point and we also are in agreement with other staff recommendations, as well as ACHD recommendations that the north full -- or north right-in, right-out access be removed from the preliminary plat. There was some question originally whether or not we would have -- can you go to the conceptual, Anna, for me? The reason that we had included that north right-in, right-out is because we did have the necessary setbacks, the necessary distances from the full access points. Linder Road, as you know, is being widened to five lanes and, thus, you know, we felt that that north right-in, right-out, was acceptable, but ACHD has come back and is not in agreement and -- but because of the public road dedication on the north we were concerned that first possible access into our commercial retail parcel to the south of that public road wouldn't be until back on the -- you know, pretty far back from the intersection, because it's a public road. But ACHD has come back and allowed us to align the first access point coming in off of Linder -- Zaremba: Excuse me. Would you use the pointer --the light pointer. Marcheschi: Sorry. So, originally, the access -- the first potential access point to this commercial retail site was way back here, because of its public nature, but with the removal of this they have allowed us to place a full access -- or an access point here in line with that one and the parking field to the north. So, we are fine with that -- with that recommendation and change in the preliminary plat. And I stand for any questions. De Weerd: Council, questions? Bird: I have none. Zaremba: I'm song. Madam Mayor, I'm still trying to get the relationship between the concept plan and the actual plat. And, Anna, would you put the plat up, please. And, then, if you would, using the light, indicate where the roads go through that. Marcheschi: Sure. So, again, this is an access point, full access off McMillan. This is a right-in, right-out off of McMillan. This full access would continue up the -- up here and, then, with our final plat submission we will be changing this configuration, the lot lines, to indicate the road going to here. This is the stub road coming in and this road will -- at staff recommendation and ACRD recommendation, now continue up to this point and align with Deer Crest. The other -- the other road will come this direction. So, we will • Meridian City Council August 14, 2007 Page 47 of 99 be doing a little bit of lot line adjustment here, but -- but the number of lots should not change. Zaremba: Thank you. Marcheschi: You bet. Canning: Madam Mayor? De Weerd: Yes. Canning: Maybe if I could -- we are still in the applicant's presentation, aren't we? If Council would like, I have an idea later, so we will wait until his testimony is done. De Weerd: Thank you. Any other questions from Council? Bird: I have none. Rountree: I have none. De Weerd: You know, I -- I guess I'm kind of struggling with this one. Usually when we approve a commercial multi-family we ask for elevations, locations to those homes, and now I know why we don't have a full house, those homes are not occupied, which, then, raises another question is how would those people when they buy those lots know that there is multi-family behind them. So, it raises a lot of concerns and -- Marcheschi: Right. I think -- I think the conceptual plan and the development agreement calls for conditional use approval of any multi-family in that northern section. That was put there as a possible option. But in all reality and at this point we intend for all the lots to be commercial or retail in nature. It is a C-G zone and the approval for the preliminary plat is for 18 -- 18 commercial parcels. So, if we were to come in and actually do any multi-family, we would have to come through a separate CUP at that point and, then, you would have to review that separately. De Weerd: Well, I think that comes as no great peace of mind to neighbors, even with the CUP, so I -- Marcheschi: Right. De Weerd: And this is all from experience. Marcheschi: Sure. De Weerd: So -- Meridian City Council August 14, 2007 Page 48 of 99 Marcheschi: To the north, obviously, we have -- De Weerd: -- if you really don't plan on multi-family, I guess, you know, it would be nice not to even say it on the plat. Marcheschi: Right. Again, it isn't on the plat, so it's only on this conceptual -- De Weerd: Conceptual. Marcheschi: Right. A conceptual site plan. To the north is Rocky Mountain High and so -- it's quite a name. But it is the high school to the north and so in terms of residential uses on that side, the multi-family -- not to get into that issue right now, but it may not necessarily be an issue like you might think it might be. De Weerd: Sorry. Every time I hear that name Rocky Mountain High I laugh. My daughter is going to go there, so, you know, it's really -- I need to get over that. Marcheschi: Do they have a theme song yet? De Weerd: Council, any other questions at this point? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Was it correct that you had indicated there was two accesses on McMillan? Marcheschi: Correct. There is a -- Borton: Aright-in, right-out? Marcheschi: -- right-in, right-out here and a full access here, both of which have been approved by ACHD and are part of the design in the road widening, which is already taking place and along that area. One right-in, right-out access here on Linder, a full access, and a full access there. All of which are well within the distances allowed by ACHD for those access points. De Weerd: When is that intersection improvement supposed to go in? Marcheschi: So, it will be completed by May of '08. De Weerd: And it's -- Meridian City Council August 14, 2007 Page 49 of 99 Zaremba: Madam Mayor, is that similar to the Locust Grove overpass being completed before Mountain View High School was in? Bird: No. A private's doing it. Marcheschi: If I could, I'd like to tum the podium over to Jay Walker, who is actually helping ACHD with the widening and the intersection designs. De Weerd: Thank you. And I trust they won't have the same delays that we are having at McMillan and Meridian; right? Walker: Hey, watch it. Jay Walker with Brighton Corporation. 12601 West Explorer Drive. De Weerd: Thank you. Walker: Suite 200, Boise, Idaho. To answer your question regarding the project at Linder-McMillan, no, we won't have the same delays. And, actually, we are -- we are close to on schedule on McMillan-Meridian. It was just started late and so we should have the north leg completed before school opens in a week or so. This one is planned to be completed. It needs to be done before the Rocky Mountain High School opens, obviously, or else there is going to be gridlock out on Linder. That is a definite completion date and agreement we have with the high school. So, a cooperative development agreement that I have in place with ACHD, we are set to bid this out September, November, and be under construction early spring as soon as thaw occurs and currently we are working with the PUCs to relocate any utilities that need to be relocated in that project impact area. So, we will -- I think the reason why ACHD wants that completed by May is so that they can complete the Ten Mile -McMillan intersection project shortly thereafter. Not being able to close the two at the same time or simultaneously. De Weerd: I guess, Jay, an additional question I would have, since you mentioned the high school to the north, at this point, not -- not knowing what kind of access points they have, I don't see anything through this development and so that leads me to believe that the access points for Rocky Mountain High School will be only onto Linder. We have a similar issue at Mountain View High School that there is one way in and one way out and this is a possible alternative to get them to McMillan or to have some other access. Walker: And I need to clarify that, Mayor. De Weerd: Okay. Walker: If I can just help you -- • Meridian City Council August 14, 2007 Page 50 of 99 De Weerd: That would be excellent. Walker: We do -- if you can see on Cayuse Creek, we do have an access onto Cayuse Creek within the Paramount development and as a part of this project and in coordination with the Rocky Mountain High School and Wendell Bigham, we are also installing a signal at Cayuse Creek and Linder. So, all high school students driving to and from the school will have protected movements onto that five lane facility at Linder. There will only be bus, staff, and parent drop off directly from right-in, right-outs onto Linder on the frontage of Linder Road in front of the high school. Does that make sense? So, there will be three access points. And there is also pedestrian access provided not only on Cayuse, but through South 60, you know, the preliminary platted residential development to the east of that commercial property that we are -- De Weerd: Mr. Bird. Bird: Jay, on that one -- going back through Paramount, they also can go out and get to -- and get to Chinden, can't they, by that -- through the stub there? Walker: Yes, they can, we would -- Bird: Prefer they didn't, but -- Walker: Yeah. We'd prefer they didn't. We have provided traffic calming measures, no direct path, to try to calm traffic, keep lower speeds, and make it more neighborhood friendly. Bird: But kids are going to find shortcuts. Walker: Possibly. A few. We hope that only those residing in -- in Paramount that choose not to walk that mile and they drive to the high school. Bird: Come on now, you know better than that. De Weerd: Kids. We are talking kids. Walker: Yeah, we are. De Weerd: Teenagers. Walker: Status. Car status. De Weerd: Well -- and you may want to put some kind of a traffic or choke or something going to the east to discourage that cut-through traffic. Meridian City Council August 14, 2007 Page 51 of 99 Walker: Yes. Good point, Mayor. And we have placed strategically traffic control, including stop signs -- or primarily stop signs at the intersection of Cayuse and Valentino and, then, also one at Valentino and Fox Run Way. So, it -- it will be a pretty difficult maneuver through the subdivision for any high school students to access Chinden through the Paramount Subdivision, because of the stop controlled intersections. I guess we see it as a freer movement to come off of Cayuse and make that right tum movement onto Linder and head directly, you know, half a mile to Chinden and, then, take another free right movement onto Chinden and head eastbound down to the Boise area. De Weerd: Thank you. I know this is unrelated to this application, but it is trying to find other routes for kids to get out of that, so it doesn't overwhelm any one option. Walker: Very wise. I think that's a great idea. De Weerd: So, this -- this access through the subdivision that is in front of us today would not be an option for at least a southern route? Walker: You mean right back here in the comer? De Weerd: Uh-huh. Walker: The school has already -- they are under construction and they have a practice -- two practice fields. It was not a part of their site layout to include that and they were far in advance of our concept plan and layout here. So, I guess that was never approached and we are kind of behind the eight ball on that one. Bird: I think the high school prefers just one. Walker: For safety purposes. Bird: For safety purposes. It doesn't always work out right, as we know, but they do and it's too late now. Walker: Right. And we did provide a quite large curb cut and curb returns to accommodate -- Bird: What the Mayor's getting at is, even though that is far out from the school grounds to Linder Road, it's the same concept we have at Mountain View with -- onto Overland Road, you got one road out and it -- it is a real mess and those guys -- you know, they got lights there and it's -- and it's kids finding shortcuts through and parking and walking in neighborhoods and stuff has caused a lot of trouble and it's something that we -- we need to look at and I understand why the schools would want -- for safety reasons want one entrance and exit, but for traffic movement -- you know, in the old days you might • i Meridian City Council August 14, 2007 Page 52 of 99 have got away with it when ten percent of the kids drove. Now 90 percent of the kids drive, so -- Walker: Right. It certainly is a problem and if the Mayor and Council have any further ideas on how we can assist this -- we have, as you can see, widened this section of Cayuse Creek to provide that storage capacity, as well as the free flow as much as possible and coordinated and worked simultaneously with the school to make sure that this signal is in place and that the widening on Linder extends clear through the length to McMillan. Now, I need to tell the Mayor and Council that we have -- we don't have plans in place to widen Linder north to Chinden as of yet. That is still a two lane facility. De Weerd: Yeah. Is there -- and I'm sorry to continue this, but -- and I see a county pocket between the school and your piece of property. Is there any chance to have some kind of a public stub there so that if that RUT were to redevelop they would have some connection from -- I just see a real nightmare with that high school. Walker: You know, a good point. Currently their -- their deceleration lane for their bus access, faculty and parent drop off commences right at the edge of that RUT. It's Don Struckman's place. And it extends to their loop route that goes approximately like this, with a widened frontage. As far as allowing another access to coordinate with -- are you thinking of one that coordinates with Mouse Creek -- is that Mouse Creek? Moose Creek. Or Divide Creek. I'm sorry. Divide Creek. De Weerd: I don't know. I just see all of these are going out to Linder and if there is an altemative to get them to McMillan without going out onto Linder -- it's -- it's just going to overload that system and if there is any altemative that you can build into this plat for a possible secondary route -- and I don't know, Jay. This is probably not the time to be trying to design that, I just don't understand why this -- when they place a school why they don't look at how they can connect to the various streets in that area. Walker: Point well taken. Bird: The parking lot's on the north, isn't it? Walker: The parking lot is on the north and west. I think this is primarily for staff and this is more the drive-thru. Bird: Yeah. And drop off. Walker: And, then, they do have a ring road that goes back to their football field stadium, baseball field, tennis courts, that, then, connects and I guess I will bring up as well, Mayor and Council, that there are a few micro-paths connecting into the Paramount Subdivision. You see one right there and one right there as well. And, then, this Fox Run Way that comes from Chinden through will also connect to -- to McMlllan. Meridian City Council August 14, 2007 Page 53 of 99 And there will be a micro-path into this South 60 development here, but we were -- we were directed pretty strongly to not allow any other access points into the high school. They wanted it controlled. And so maybe we need -- maybe that's somewhat of a training issue that we need to help with the school districts, because I see your point. If we have everybody discharging onto Linder Road, whether it be here at Cayuse Creek or into the bus access points, either way it's going to -- it's going to overload Linder. De Weerd: I don't know how this discussion, either Mr. Nary or Mrs. Canning, can look at maybe a future connection and for our police department, if we can have our traffic safety commission start looking at even those micro-paths and parking in those -- on those neighborhood streets and -- I think we have teamed a lot through Mountain View High School and -- I do, too. So, if there is anything we can do in advance of the opening of that school and if you have some flexibility in this plat in -- in working some alternative -- and I don't know if there is one at this point. Canning: Madam Mayor, we actually have a suggestion, if I can -- if I may. I spoke with Mr. Marcheschi and Mr. Stanfield and I think one thing we did miss -- I'm not quite sure how -- but we generally require across-access to undeveloped single properties, so that when this property eventually wants to come in the city and develop that they'd have cross-access through the proposed lot. So, we can get a drive aisle stub access to this northern property and continue that through at the time that redevelops, so that we have access to that -- the bus parking facility, there would be access across -- eventual cross-access through there. So, that's one way to get to that appropriate place. It doesn't help with not having full street access through Paramount residential neighborhoods, but the stub street -- the stub access is appropriate regardless of the high school for this property, so that it's not isolated and you can make the decision when that one requests annexation whether it's appropriate to stub that to the high school property. Bird: Anna, go back to the site. No, the -- Canning: That one? That one? Bird: Yeah. That one there. That one there. The concept. How are you going to -- without -- you know, you're really -- you're killing a project by making them have across- access up there and, you know, that -- they can stub in something in like that and that place might not develop for 20 years and they have got dead ground up there that they can't do a thing with. This is going to be commercial or even multi-family up in the north end, I'm not sure I want high school kids running through it. Canning: Sir, generally -- I'm sorry, did you finish? Bird: Go ahead. Go ahead. • Meridian City Council August 14, 2007 Page 54 of 99 Canning: I'm song. Generally the drive aisle stubs aren't that onerous for the developers on these commercial properties, especially if we give them latitude as to where they want to place it, so -- because, basically, what happens is they generally locate the building and they will have a parking drive aisle and it's just a matter of extending that drive aisle for five to ten feet, usually. So, if we give them enough flexibility and don't mandate exactly where it is, usually, it's not a very onerous requirement. Bird: I agree with the flexibility. Yes. De Weerd: Thank you. Stanfield: Jump right up here, Mayor and Members of the Council. Scott Stanfield, 314 Badiola, Mason-Stanfield Engineering, project engineer. Anna and I and the developer Michael did talk when Jay was up here speaking and it is not burdensome, as Anna said, to put a private drive with an ingress-egress up to that north parcel. We have to put anorth-south drive aisle in there anyway. You have to have a parking bump or pull out for the last stall to back up anyway, perhaps it wouldn't be developed yet, there would just be a five foot grassed area with a curb such that when the northerly parcel does develop and if this body sees fit to extend that through that parcel and reciprocate the same easement on his side, then, that could be developed, because he would have a full access to his frontage and that could potentially benefit both parties. You know, we are not connected to the school and the school is there now and we can't go back on the school, but we can at least do that to -- as things develop you have control of what happens in the future. With that said, I will kind of jump right into that preliminary plat and the history. I will somewhat hopefully calm you down on the gridedness of that preliminary plat. We had to start somewhere. Commercial developers and buyers don't come in with a tenant and with a building in mind. Typically you have to provide them with a plat and, then, they do their site designs from there. So, this was a place to start and, then, as Mr. Marcheschi pointed out, then, the comments came from the city staff and the highway district to have a connection running east to west after the initial plat. That's when the concept plan is generated. At that point we still were uncertain as to which east-west route we desired, the northerly one or the southerly one. So, we kept the preliminary plat the same, however, we added some notes in the note section and I think it's on the lower right-hand side of the full preliminary plat, that we -- by wording we described an east-west connection to either one of the two full accesses to the west, again, not knowing which one we would put in, but we wanted to note that on the preliminary plat. We also noted shared ingress-egress on all the intemal drive aisles to support the concept plan's north-south private intemal driveways. So, if you're able to read the notes, you can see somewhat that it does mirror and Michael did point out that the really only area that's changing is that upper third and presently it's looking like that the northerly access is the one that's most desirable for marketing. Brighton Corporation wanted to create a focal point in that center section and so they have kind of been doing some marketing studies to determine which is the best location. So, I Meridian City Council August 14, 2007 Page 55 of 99 hope that explains some of the preliminary plats and gets you up to speed today. We have been trying to revise the preliminary plat the best we can with the notes, because this has been a very dynamic process. And I will add, Mayor, that the residential ground to the east is -- doesn't even have a final plat yet, I believe. So, there is no lots for sale there, so this one should be established by the time any lots are even for sale to the east. It just has preliminary plat approval. De Weerd: When -- when you sell those lots, though, do they get a view of what is being proposed in that area, so -- I guess we always assumed -- and you know what that means -- is that people got that whole thing, especially if it was one subdivision, and what we have teamed is that's not always the case. Sometimes it's only the phase that they are buying into. So, if you can tie this -- this piece to any closings on -- on the residential to the east of it that would be certainly prefen'ed. Stanfield: Mayor, Members of the Council, I can definitely stress to Michael -- and he's hearing you now that in their marketing maps they do present the full picture, because you're right, Mayor, more often than not the sales team will just cut off at that rear boundary to those easterly lots. So, I think Michael, with his internal staff, can share that and, then, obviously, I share my drawings with them and create one master picture. Now, you know, Brighton really enjoys creating communities, not just -- not just a residential neighborhood, so I think they probably already planned on doing that, but we can definitely stress that to them. De Weerd: Thank you. Any other questions for the applicant at this point? Bird: I have none. De Weerd: Okay. Stanfield: Thank you. De Weerd: Thank you. Just one final comment as part your presentation? Marcheschi: You bet. Michael Marcheschi again. Again, we just want to stress that Brighton does look at Paramount as an overall development and that there is a residential component and from the very beginning there has been the intention of creating commercial, some multi-family, some office within that overall picture and if we had an image which showed that, I think you would see very clearly how this commercial component is supposed to be supportive of the Paramount project and the connections that we are making with the stub street, with the micro-path, with the access off of the widened Linder and McMillan, all are meant to encourage using this commercial comer for local services, which the residents out there currently don't have. And so, you know, our intention at this point, with all development on this particular parcel -- and as you have seen with the size of the parcels that we are describing is Meridian City Council August 14, 2007 Page 56 of 99 smaller commercial development, service oriented and -- to service that local community. So, with that, thank you. De Weerd: Thank you. This is a Public Hearing. I do have some people that have signed up. If, when I read your name and indicate what you checked on the sheet, if you'd like to come forward and provide testimony at that time, I would invite you to do so. Marjorie Matthes signed up as neutral. Matthes: Thank you very much. My name is Marjorie Matthes. I'm at 2229 West Kelly Creek, Meridian. De Weerd: Thank you. Matthes: We are neighbors of the Paramount and we do appreciate the things and the value that they are bringing to our neighborhood. I live back side on Kelly Creek to Apgar Creek and I'm with my neighbors here, who live on Dove Creek and the other neighbor also who is on Kelly Creek. We have had a lot of attention in our neighborhood because of the Selway apartments, so I don't think people are paying attention to what's happening across from us and how it's going to impact us. Linder Road and McMillan are already impacted. We have a high school opening there, we have a junior high school opening up on McMillan. We have another grade school opening over in Paramount. And we have Hunter on the other side of us. We commute this road. We commute Linder to Chinden every day in our business. It is already impacted. The ingress and the egress -- one of our major concerns as brought up in the Selway apartment complex discussions was that the Selway apartments are going to open up to Kelly Creek on the back side of Apgar Creek. We are now looking at a commercial endeavor that's going to be on the other side of us on Linder, which is also going to align with Apgar Creek. Selway is going to be 171 apartment buildings as proposed with 342 parking spaces, with multiple family dwellings. There are going to be three and four bedroom houses there. It's not going to be two drivers in a household, there is going to be multiple drivers in a household and thank you, Mayor, we appreciate it. We are also concerned about the teenagers here with a high school. So, when we are talking about the Brighton -- the Paramount kids and the kids in Paramount, we are not talking about Kelly Creek's commute across Linder, we are not talking about the apartment buildings that's going to be over here and that impacted area on Goddard also gets a lot of traffic in the moming, because people don't want to go out on McMillan with the kids coming into Hunter, nor do they -- are they going to want to go anywhere near the high school, so they go -- they either go back to Ten Mile down to Chinden, the people in the back are going to learn that Apgar is going to be a straight shot through to Linder that's going to get them quickly to McMillan as an alternative to going out on McMillan if they can't go the other direction. Apgar Creek goes on our -- it goes right by our park in the afternoons. There are three to four major bus stops of children in there. I know there are. I drive in the moming. There are kindergartners, little children. We have a multitude of very young kids in our tract and this problem is going to exacerbate • Meridian City Council August 14, 2007 Page 57 of 99 • everything that we are anticipating from the traffic coming up from Apgar that's going to shoot through Kelly Creek to get off of McMillan in the morning time. I appreciate ACHD. We have gone to their meetings. We have listened as business owners as to what is going to be happening down Chinden, what's happening near our area. You're now talking about Linder being widened from McMillan to the high school, which is going to do nothing but congest the rest of the way, because if it's not widened from Linder to Chinden, where are they going to back up to? They are not going to choose to go to Chinden on a two lane highway when they leave school. They are going to come down the wider portion of Linder and this is going back up right back up to McMillan when all the buses are coming out for the junior high, they are coming out for the grade schools, and we are already in gridlock. You are talking gridlock now. Come talk to the members of our community in Kelly Creek, we -- you know, we realize that -- and we are not one of the adamant groups that go out and just scream to Selway, we realize that this is zoned apartments. I knew it was zoned apartments. We knew that this was zoned commercial. We are asking for reasonable controlled growth in our neighborhood that is going to allow us to commute daily to our jobs and not have to live with this for two to three to four years as you as a city cope with the problems with ACRD funding, as we as neighbors and drivers are coping with that same exact problem. We are stuck. We are. We have nowhere to go. And now we have a high school, a junior high, and two grade schools and it all funnels in that area. All four of those comers are going to be zoned commercial. You're just not talking to them. They are all commercial. So, how is this going to come into play, if we are going to widen it just 500 feet down the road, that's not the solution and that's not the answer. Putting a light down by the high school isn't going to alleviate our problem leaving Kelly Creek when we can't get out on Linder. When we can't go left on Linder to Chinden, because there is no controlled traffic or timing of lights. So, I know that this is the beginning of this process and we feel as neighbors and are concerned about it, we felt we needed to be here at the beginning to address it with you. De Weerd: Appreciate that. Matthes: Thank you. De Weerd: Connie Reeves signed up neutral. Thank you. Barbara Garcia signed up neutral. Okay. And Henry Garcia. Thank you. Those are the names that signed up. Is there anyone else who like to provide testimony? Thank you. Council, any further questions for staff before I ask the applicant for a response? Anna, anything? Canning: Madam Mayor, Members of the Council, I did find the overall illustration of Paramount for your ease of reference with regard to the high school. It is shown on that property. And I think that was it. And, you know, there was some concern about the preliminary plat not being consistent with the final plat -- or with the concept plan. If Council wants to make that a requirement within the development agreement that would be fine. Normally what I look for is that the lots that bound the -- the site don't change • i Meridian City Council August 14, 2007 Page 58 of 99 significantly, so that we wouldn't go from four lots along the west side to 20 lots along the west side. But if that's -- if it's otherwise consistent, if they are just making changes to the interior of it, I would generally deem it to be consistent with the approved preliminary plat. So, with that I'll answer any questions you may have, especially with -- there seems to be some interest in the overall Paramount site plan at this point, so -- De Weerd: Does it show how this connects to the neighborhood across the street, Anna? Canning: I'll have to go to the zoning map for that. I had to reboot. Sorry. It froze on me. De Weerd: Oh. Canning: The Selway apartments would be further south here. No. No, they wouldn't. They are over here. There we go. They are right here. Bird: And that's Kelly Creek right next to it. De Weerd: Council, any questions for staff? Bird: I have none. De Weerd: Would the applicant like to come forward with wrap-up comments or -- Walker: Thank you. We are doing the juggle act here, but just to respond to the neighborhood concerns, ACHD has made it a priority to widen Linder to Chinden to a five lane consistent with our cooperative development agreement, what we are doing for the properties adjacent that we have control of. The party north of Paramount on Linder is owned by somebody else, otherwise, we would be continuing that widening to Chinden. Now, to the south we are -- Frank Variel is one of the participants in this cooperative development agreement with ACHD. We are widening down to the widened section that already occurs on South Linder and, then, we are currently widening McMillan to a three lane section to its ultimate build out. With these improvements you will see a substantial capacity -- the bettering of capacity being provided for these -- for these arterial streets adjacent to these developments and the reason why we are making these improvements in a joint effort with all these adjacent developers, including ACHD as a government agency, is through our traffic impact studies we have seen the need for this to happen prior to the school coming on line, prior to our development -- the commercial development, as well as the residential development. It's all part of a -- a general plan improvement to accommodate the traffic and, yes, the two lane has been insufficient and, yes, stop control is very limiting and most of the delay occurs at those stop controlled intersections. I think there will be a great improvement with the five lane section and the intersection signalization that's Meridian City Council August 14, 2007 Page 59 of 99 occurring. Traffic flow will be much better. And I appreciate Mayor and Council and their recommendations and hearing our plat today. Thank you. De Weerd: So, Jay, I guess what you are saying is the intent is that if you could you would do the road improvements from McMillan to clear north to Chinden? Can you do that up until the point of the property that you don't own and that can be a condition if and when that --that would develop? Walker: Part of the problem is we don't -- ACHD doesn't own that right of way. All three of those parcels that -- Bird: Show the overall map. Walker: If you show the overall map -- well, let me just -- can we go back to that overall Paramount map? De Weerd: Well, even as far as -- if you look at it in terms of the intersection improvement that you're already doing, if you brought that road up as far as the property that you do -- Walker: We are. It's a five lane section -- De Weerd: Oh, you are doing it up until there? Walker: To here and, then, Mr. Molton, who you heard last time, and Doug Stewart, who resides here on this three acres, and, then, this is owned by Hewarts, Joe Hewart, and we don't have any control of this right of way from this point to Chinden and that's -- ourtransition is ending at this point right here. De Weerd: So, what you're saying is when you do this intersection improvement at McMillan and Linder, you will be bringing that improvement clear up to where Paramount ends to the far north -- Walker: To our frontage. De Weerd: -- of your -- Walker: Yes. Bird: And, then, they are also bringing it south of the -- Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council August 14, 2007 Page 60 of 99 Bird: As I understand, they are also bringing it south from McMillan with Mr. Variel down -- what is it, a half mile, quarter mile, or -- Walker: Yes. About a quarter of a mile. Bird: Where their property is, where they can get the right way. Walker: And, then, we are taking it west, the extent of Jim Durst's property, and, then, we are taking it east to our Fox Run Way tie in and deceleration lane requirement that we have as part of our Conditional Use Permit. De Weerd: Okay. Walker: And I will just point out that those two outparcel properties of -- are both listed on the MLS. They have those up for sale. And, then, I think you're well aware of the Hewert's desires and their preliminary layout that they presented to the neighborhood meeting just on last Thursday evening. Canning: And, Madam Mayor, Members of the Council, we received that application this afternoon, so -- Walker: So, I think that's a priority and they would love to have that five lane section completed prior to '08 August when the school comes on line. De Weerd: Do you know on the other developer driven intersection at McMillan and Ten Mile, what year that is -- Walker: That would be shortly following -- I think plan to -- De Weerd: Is that immediately following this intersection improvement? Walker: Yeah. That's why they have set the deadline of completing this intersection and widening project by May of '08, because shortly thereafter they will commence that Ten Mile -McMillan. Bird: Madam Mayor, I think we were told fall of '08 for McMillan and Ten Mile right after this one. Walker: Right. Bird: I think it was going to go Meridian, Linder, Ten Mile. Walker: Right. Meridian City Council August 14, 2007 Page 61 of 99 De Weerd: Yeah. I'm just not seeing that on a plan, so -- and that always concerns me. Bird: Madam Mayor, I do have one question for Jay. Jay, your west boundary, you do have a nice meandering sidewalk to get to the school; right? From the intersection? Walker: Yes. Bird: Okay. Walker: We have partnered up -- there are a couple of outparcels that we are still -- one of them is -- is Mr. Struckman right here and, then, there is the Lukeharts that are currently right here that we are still in negotiation with, but other than those two parcels we have pedestrian amenities planned for the extent of the project. Bird: Because there is some freshmen that don't -- aren't able to drive that might have to walk. Walker: Right. And, obviously, pedestrian -- ped buttons will be included at both intersections and crosswalks provided for any of the pedestrians. Bird: Thank you. De Weerd: But on the RUT you just said that you would be doing the road improvement clear to that north of Paramount. Walker: Right. De Weerd: So, apparently, right of way is -- Walker: We are bagging 13 feet from him. He hasn't agreed yet. Close. ACHD is dealing with right of way acquisition on that parcel particularly. De Weerd: Anything further from Council? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment and, if I understood, I think it was a question that Director Canning asked. I understand that lot lines have the potential of moving as you find tenants or other stuff. I'm uncomfortable with a plat that doesn't establish firmly where the roadways are or where the common areas are, which would be the landscaping. Meridian City Council August 14, 2007 Page 62 of 99 And at the moment we are presented with three uncompatible -- there is a plat that shows no roads or landscaping. There is a landscape plan that doesn't have things in the same place. And a concept plan that has something else. And I would rather at least see a plat that establishes where the roads are, where the common areas are, understanding that the lot lines may not stay there, but these aren't even close, because once you put a public road in, those lines aren't going to be square and that's uncomfortable for me and I don't know if that is the question that Director Canning was asking, but I would have to say I certainly understand and expect this -- it's already zoned C-G, so it's not a surprise what you're talking about going there. But I would like to see a preliminary plat that has the roads and has the common areas defined, then, where ever you draw the lot lines doesn't really bother me, because I understand they like to move. I'm just -- I'm uncomfortable with having to interpret from three different pieces of paper what the plat's likely to be. Walker: Councilman Zaremba, wouldn't -- wouldn't the staff condition of approval to dedicate the public right of way connection of the roadway be sufficient? I mean as long as that's in there, then, we are required to do that and Iwould -- I guess -- I would hope that -- Mayor and Council, that you would provide us the flexibility to place that without knowing the tenants at this point and nailing down that specific -- Zaremba: Madam Mayor -- and this may be a hold over from my time on the Planning and Zoning Commission, but as much as I trust you and trust the staff, I like to see it. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I don't disagree with Mr. Zaremba. I'm sitting here trying to figure out words to say about my feelings on this and I guess my feelings are, well, conceptually I can approve it or conceptually I could deny it. I don't know what I'm approving. I think staff is somewhat comfortable that they can make it work, but this is a first for me that you -- you approve a preliminary plat and a grid and you have a concept that doesn't follow the grid -- I don't disagree that it's commercial, I don't have any problem with that at all. I just would be way more comfortable if you would have done your concept and, then, done your preliminary plat, because at least with the concept and a preliminary plat, you'd probably do some traffic engineering to find out whether or not those right-ins and right-outs are going to work or whether or not those street accesses are going to work. So, I guess I'd like to see something more concrete in terms of a preliminary plat, as opposed to it's kind of conceptual. And, again, it's -- it's kind of a -- do I trust you? Yes. Could you flip the property tomorrow? Yeah. Have I had that happen to me as a City Councilman? Too many times. And it's not you and it's not your company, but, you know, we could do this conceptually tonight and we could see a developer that hasn't got the foresight that you have, hasn't got the depths of design detail that you want, Meridian City Council August 14, 2007 Page 63 of 99 come in and build something that when we drive by three years from now and look at that and say that isn't what we approved. De Weerd: And that's happened. Rountree: And I just did that. Just. Walker: Well -- and I think that's why we presented the somewhat conceptual plan and we have some letters of intent and are moving that direction. It's hard at this point to -- to secure everything to that detail for us at this point and maybe I can let Michael -- he's done a lot more of the research and if you wouldn't mind him just responding to that, Councilman Rountree, if that's all right. Marcheschi: Thank you. They are great questions and I think they are great concerns. Again, we have submitted this preliminary plat showing the required landscape. There aren't any common lots necessarily in the development. There is the required landscape easements around development, as we are showing. The landscape plan that you see and the preliminary plat are consistent in terms of where the access points are to private drives and the private drives internally would be, obviously, placed either in the final plat that we submit and any internal landscaping would be done by individual parcel when they come into -- for approval and permit for building and through compliance with the zoning and through design review, which is what we are asking for tonight. So, in terms of inconsistencies in the -- the only inconsistency that I see is what was originally submitted as our preliminary plat and staffs and ACHD's recommendation and requirement to include a public road through the development and so what we have done with the conceptual plan -- and by submitting that conceptual plan to you tonight is to show you how we think that could be achieved. You know, coming off of that stub road, there isn't a straight street across to line up with Apgar or Deer Crest, so there needs to be some adjustment in that road, some curvature to it to align with Apgar or Deer Crest. Other than that, all the lots that you see in this preliminary plat in the conceptual plan would fit -- would fit, other that those adjustments just to these lots, you know, again, off of the stub street, you know, that could easily come over and just move that direction, this -- these two lots and those lots would adjust to allow for the public -- the public street. So, our intention I think has always been to -- you know, per staff and ACRD recommendation, to add those, you know, as a requirement going forward in our final plat application. So, again, Ithink -- and also if I may address some of the neighbors' concerns just quickly. De Weerd: Uh-huh. Please. Marcheschi: Development -- commercial development around residential is a sensitive topic and rightfully so and I think at Paramount we are especially concerned with that and so the nature of development in this particular commercial area has always been smaller scale and we had included in our application images from the Paramount • • Meridian City Council August 14, 2007 Page 64 of 99 Professional Center, which is just north of Cayuse Creek, also one of our developments, to show you the type of architecture, the scale of the architecture, the per capita of the architecture, which we intend in this particular development. And the access points along Linder, the access points along McMillan, the proximity and connection to residential neighborhoods, as one who helped write the neighborhood center guidelines, you know, we are very aware of the -- of the need to make those pedestrian and immediate connections to residential and commercial developments. And so I think that in the design of this whole development we have been sensitive to trying to place, you know, access to residences. What we are essentially doing is providing services to the high school students and services to the residents, so they don't need to drive up to Chinden and out to McMillan or down Linder into downtown Meridian. We are providing services very close to the needs and so with the widening of the road, both at Linder and McMillan, with the access points on Linder and McMillan, we are providing I think a very efficient flow of both pedestrian and vehicular access within close proximity of the needs. So, you know, as we talk about traffic and traffic calming and trip generation, if anything, I think we are helping in that immediate area to reduce generation and bring it closer to the residents. So, thank you. De Weerd: Thank you. Questions? Zaremba: Madam Mayor, I would. Am I understanding that including the landscape buffer that would be along McMillan and. Linder, the individual property owners will be responsible for their portion of that? Marcheschi: The landscape buffer around the property is a landscape easement for which those particular owners would be responsible, but as part of the easement -- I mean there would be, obviously, a development agreement and CC&Rs in place and an organization in place to maintain all the landscape areas and each parcel would pay pro rata, you know, shares for the maintenance of those areas as per most developments. Zaremba: They would not have the option not to do that. Marcheschi: Correct. Zaremba: It still seems to me it would be easier to put it in a separate common lot, the business owners association handles that. That's pretty much what we have been doing everywhere else, isn't it? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, on commercial properties we found a lot of times that they wanted to just put it in an easement, instead of in a separate lot. Generally, the homeowners -- or the business owners association still maintains that or has specific provisions for the maintenance of that landscaping, but it hasn't appeared to be a problem on commercial properties as of yet. On residential properties it's avery -- very much is an issue and we actually require Meridian City Council August 14, 2007 Page 65 of 99 • it be in a lot in those instances. Madam Mayor, Members of the Council, in recognition of both -- some of the concerns I have heard expressed by Council and that were also expressed by the Commission, there was a lot of discussion about the inconsistency between the plat and the concept plan, but ACHD hadn't taken a final action on this project at the time of the Commission hearing. I think we moved it forward through the planning commission because it had been Ithink -- I believe stalled at ACHD for a little while. So, in recognition of that they did try and move it through. It may be appropriate to continue this item for three weeks to allow the applicant to revise the preliminary plat to be consistent with the concept plan or the approvals of ACHD and staff and to show the major drive aisles and the public street dedication as well. That way we have a more -- a less conceptual item for Council to take an action on. De Weerd: Thank you, Anna. Council? Rountree: I have no questions. Bird: I have no questions, Madam Mayor. If the applicant wants to take it on three weeks -- I have no -- I have no problem with -- with their concept or -- and I understand that ACHD hadn't made up their final decision on it, so I'm flexible either way. Marcheschi: Just so I'm clear, tonight we have a preliminary plat before you and as conditions for approval of the preliminary plat one of the requirements would be for us to insert a public roadway, which would alter the configuration somewhat. So, I don't know if it's necessary to continue this for three weeks or if it's okay to do it tonight -- I mean we have to do it anyway, right, before we would submit a final plat, but -- Canning: Mr. Marcheschi, preliminary plat right now. I'm because I think that you need it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. think that Council is really reluctant to approve the just proposing the continuation, really, for your benefit, Zaremba: The director has interpreted correctly. I would not approve this plat. That doesn't mean I can't be out voted by others who would, but, frankly, I need to see everything combined on one plat. The elements that I expect to see on a plat are the roadways and the accesses. I'm satisfied that it being a commercial project, if it doesn't have to be common area, I can live with the landscape plan and your promise that there will be CC&Rs that require everybody -- I need to at least see the roadways and where they access and the final decisions about that. Marcheschi: So, you'd like to see the public roadway; is that correct? n l.~ Meridian City Council August 14, 2007 Page 66 of 99 Zaremba: Well, I would like to see the public roadways fixed and anything that's going to be a private roadway at least concept -- Marcheschi: Right. Zaremba: -- you know, even if it could move and a decision made about whether the public roadway is going to swing north or swing south -- actually, I hadn't realized until you said that that it was a choice. I was assuming the public roadway was going to be a Y -- Marcheschi: One or the other. Zaremba: -- and both of them would be public. So, those are the kind of things that I want to see nailed down on the plat. Marcheschi: Okay. Zaremba: Forme. I may be the only one, but -- De Weerd: I believe -- Rountree: No. De Weerd: -- I have heard similar things from Councilman Rountree in his comments and saw nods or heard nods from the others. Or at least maybe not him. Zaremba: So, Madam Mayor, if we are going to continue it, then, we need to give the reason for the continuation, I think. If it isn't obvious, what I need to see -- I don't have a problem if you're going to tell me the property lines are going to move -- De Weerd: But how much time? Zaremba: Uh? De Weerd: How much time would you need to do that? Marcheschi: We could do it before your next Council meeting. Canning: Madam Mayor, in consultation with the engineer that needs to make these changes -- Zaremba: Ten days. Staff needs to see -- have ten days -- • Meridian City Council August 14, 2007 Page 67 of 99 Canning: Right. Zaremba: -- at least. Canning: Three weeks. Rountree: Three weeks. The 4th of September. Bird: The 4th of September. Is that okay? Marcheschi: Sure. Zaremba: Is there anything else we are looking for besides roadways and -- Borton: Madam Mayor? De Weerd: Yes. Borton: Councilman Zaremba and Councilman Rountree certainly hit it on the head and I think Director Canning's guidance is well taken. I think how the landscape plan incorporates with the -- with the road placement as well and also the drive aisle issue, if there is any way to show how that might actually line up when I look at the Paramount block as a whole and, actually, it looks like there might be an opportunity to line up straight into their loop. Whether or not that's ever an option, but how that -- we might be able to preserve that potential later on, would be helpful. Marcheschi: Thank you, Councilman. De Weerd: Anything else, Council? Rountree: I have nothing. Borton: It's not a requirement, but I probably speak for the whole Council that we recognize as we kind of been through the process and you have listed a laundry list of item and things that you have done to try to improve the roadways and make the best of really difficult challenges, so I commend you and your company for doing that. Those are not small items that you list and not small minor improvements, so it should be recognized and appreciated that those are big efforts to try and improve these difficult places. Marcheschi: Thank you. De Weerd: We'd like to tum over all north Meridian roads to you all to get it done. Meridian City Council August 14, 2007 Page 68 of 99 Borton: Second. Rountree: Put in a bid for that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we continue Items 14 and 15, PP 07-011 and MI 07-007, to Tuesday, September 4th. Rountree: Second. De Weerd: I have a motion and a second to continue Items 14 and 15 to September 4th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 07-014 Request for a Variance to UDC 11-3D-7a to exceed the 4 square foot area maximum for a public service information sign to allow a 19 square foot LED reader board sign for Meridian Elementary School by Meridian Elementary School - 48 West State Street: De Weerd: Our next item is Item 16. It's a Public Hearing for VAR 07-014. I will open with staff comments. Canning: Madam Mayor, Members of the Council, sorry, I turned the page too early. I was confused. The application before you tonight is for -- I apologize, I need to find my notes. The application before you tonight is for Meridian Elementary School and it's located at Pine and Northwest 1st Street and this is a variance application. The applicant is proposing a reader board that would be a public service identification sign for Meridian Elementary School and it would be nine feet wide and two feet two inches in height for a total of 19 square feet and it's roughly illustrated here on the -- before you. And it would be right above the main entrance going into the school. The UDC allows public information signs to be no greater than four square feet currently and no more than four feet in height. So, its location above the ground is not anticipated -- or was not anticipated by the code, nor was the size. In calling it -- or in suggesting to the applicant that we deal with this as a public service identification sign, they did agree that they wouldn't change the message on the reader board more than once a day, so that it wouldn't become -- it would be more like a static reader board that you see at schools typically, instead of a dynamic rolling one where it changes text constantly. Staff is recommending approval for the variance for a couple different reasons. We feel it can meet the findings. Specifically two of the findings are in question. The third one is not. Meridian City Council August 14, 2007 Page 69 of 99 And I will go through this. So, the first finding is that the variance shall not grant a right or a special privilege that is not otherwise allowed in the district. Staff felt that granting a variance in this location for the proposed public service information sign would not grant a right or special privilege to the applicant, mainly because the old zoning that it currently enjoys would allow a wall sign to be up 18 percent of the wall elevation. But because it's not a commercial use, it's not allowed that wall sign. So, it really is kind of a unique situation where it -- because of its use as a school it's not allowed signage. The other reason is that the public information signs are allowed without a permit currently and it does not exceed the height limit allowed for public information signs and is small in comparison to standards of wall signs as I mentioned before. So, theoretically, you could have a maximum of -- or you can have a maximum of 75 square feet in the Old Town district and they are only proposing 19 square feet. So, again, the special privilege is not to the size, really, it's just to the size of a public information sign. The variance relieves an undue hardship because of characteristics of the site. This property is located on Northwest 1st Street, so it's right at the end of that -- which is a dead end cul-de-sac off of Pine Avenue. The school is less visible to pedestrians and motorists than typical elementary schools, which are out along the collector or arterial roadways. And the school building is buffered by the playground area and ancillary school office buildings. So, this sign is solely oriented to parents dropping off children and children arriving in buses. There are no residential homes in close proximity to the front entrance that would be affected by the reader board and staff finds that it does constitute a hardship because of these characteristics. Again, it's kind of an isolated school, they need the ability to communicate with the parents quickly. For instance, if school is closed and someone's dropping off a child, they need to be able to communicate that school is closed. So, it's just a quick way for them to relay information to those parents dropping off children. The third finding is that the variance shall not be detrimental to the public health, safety, and welfare and staff could find no instance where this would be detrimental to the public safety or welfare. So, with that we are recommending approval of this sign. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just for clarification, the normal use of the public service identification signs, if I'm remembering correctly when that portion of the UDC was being written, wasn't that really -- we were thinking about applying it to signs that said church two blocks or park two blocks this way. Canning: Hospital. Meridian City Council August 14, 2007 Page 70 of 99 Zaremba: That the roadside signs that would be two feet by two and that's really what that was designed for, wasn't it? Canning: It is really what that was designed for and when the applicant originally came in for this application we discussed a number of ways that they could achieve this reader board. One of them was to do a text amendment for elementary schools to allow them to have a reader board, but it seemed to have far more reaching implications than I felt comfortable recommending them to take forward. This is a public information sign. Those school signs are public information signs. We have specific allowances for middle school and for high school signs that aren't necessarily on the property, but we didn't have one for elementary schools, either on the property or off the property. So, because they are more neighborhood oriented, this one's closer to a commercial district than any other elementary school that I'm aware of, so this was kind of a special hardship related to the site and we felt it was better to take this route than some others. But I do recognize it's a stretch. Zaremba: Sounds close to me, but I was just defending why it -- why it was written the way it was written. Canning: Yeah. Zaremba: But I think you made the right choice. De Weerd: Is the applicant -- Lantz: You get your own pictures. And for the sake of time -- De Weerd: If you will, please, state your name and address. Lantz: Oh. Laura Lantz. L-a-n-t-z. 1420 North Crestmont Drive. And am the president of the PTO at Meridian Elementary School and staff did an exceptional job and any questions I'm here for you. And so I'm not going to add to their presentation. They did great. Zaremba: Madam Mayor'? De Weerd: Mr. Zaremba. Zaremba: Am I remembering correctly -- I believe we had a discussion on this before. Lantz: Yes. Zaremba: Is this the one where the PTO had volunteers -- Meridian City Council August 14, 2007 Page 71 of 99 Lantz: Yes. Zaremba: -- contribute and -- Lance: Yes. You granted avariance -- excuse me -- a waiver of the variance cost and we did discuss that all of our monies the kids and parents and teachers through fundraising raised the money for the LED board and that's why we had asked you to, please, waive the variance cost, because that was all of our geranium fundraiser money. So, we can now use that for books for reader of the month. So, we have earned it for the last year and a half, we have been saving it, it's in savings earning very little interest, and we'd love to spend it. Zaremba: Thank you. Lantz: You bet. Thank you. De Weerd: Any other questions from Council? Thank you. Lantz: Thank you. De Weerd: This Is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council, hearing no further testimony, I would entertain a motion to close the Public Hearing on this item. Bird: Madam Mayor? De Weerd: Yes. Bird: I move we close the Public Hearing on VAR 07-014. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 07-014 with staff and applicant comments Meridian City Council August 14, 2007 Page 72 of 99 Zaremba: Second. De Weerd: I have a motion -- oh, I'm sorry. I have a motion and a second to approve Item 16. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: VAR 07-015 Request for a Variance to allow 15-foot wide street side setbacks to be measured from property line instead of back of sidewalk for Crossfield Subdivision by Heron River Development, LLC - 955 West Ustick Road: De Weerd: Thank you. We look forward to seeing your sign. Okay. Item 17 was requested to be withdrawn. Canning: Madam Mayor, may I briefly discuss that? De Weerd: Yes. Canning: Madam Mayor, Members of the Council, the Crossfield project originally had a variance approved for the front setbacks to be ten feet, instead of the required 15. This was before we had the TN-R district. But the design was very much consistent with what ended up being our TN-R district. So, it was approved for the front setback and, then, we changed the UDC. Well, we don't have front residential setbacks anymore, we have street setbacks. So, they came in to request a street side setback. It did get -- in the process we did notice it, so it needed to be on the agenda, but my interpretation would be that that front, since we changed it to street, that they didn't need to really ask again to have the same setbacks. So, what I would like to do is just write a letter to them explaining my interpretation of that previous variance and the change in the UDC and, then, we will record that so there is a recorded document for the record that extends that variance, essentially, into the new code. Does that make sense? I'll answer any questions Council may have related to that, but that's why I asked the applicant -- or encouraged the applicant to go ahead and withdraw it, because I didn't really believe it was necessary to have that. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council August 14, 2007 Page 73 of 99 Zaremba: Maybe you were going to ask the same question. Would it be appropriate to give them a refund if they paid a fee to do this or --should we discuss that? Canning: Madam Mayor, Members of the Council, we were going to refund anything that we hadn't already used. We did need to notice it, so there are some hard costs associated with that and we were going to refund the remainder. There is a fee for a director's determination. We weren't going to charge them for that. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council -- and I discussed this with Mrs. Canning earlier today, too. My only concern is that we have a recorded variance previously issued and so what I was going to recommend or suggest is that her director's determination also be ratified by this Council. We can put it on your Consent Agenda and, then, we can record it. And that way there is no question from anyone that what was done and that's the interpretation of the city and that's been confirmed by this Council and, then, we have it recorded and there shouldn't be any issue. Bird: I agree wholeheartedly. De Weerd: Okay. Nary: It's a little unusual, but it's a way to at least avoid any other issues in the future. De Weerd: So -- Rountree: Do we need a motion to the effect? De Weerd: Do we need a motion to reflect that? Nary: Madam Mayor, Members of the Council, all you need to do is I guess -- Rountree: Withdraw their -- Nary: Yeah. Accept the withdrawal of this variance and, then, Mrs. Canning will prepare her letter as she would have if they hadn't of brought it forward this way and we will put it on the agenda for approval. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council August 14, 2007 Page 74 of 99 Rountree: I move that we accept the withdrawal of Item 17, VAR 07-015 and direct Director Canning to prepare a memo to the applicant and provide that to Council for Consent Agenda for consideration. Zaremba: Second. De Weerd: I have a motion and a second on Item 19 to accept the withdrawal of this item. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C-G District for Hampton Inn & Suites Addition by Hotel Developers -Boise, LLC - 815 & 875 South Allen Street and 2870 East Freeway: De Weerd: Item 18 is a Public Hearing on MI 07-010. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Hampton Inn and Suites Addition. The application before you tonight is a development agreement modification. The property is located generally northwest of Eagle Road and Interstate 84. It's in this general location. This project is only complicated in its history, so I will try and go through and -- I'll try and go through it quickly and if need be I can fill in the gaps, but it started in 1999 and the Council approved C-G zoning for the Fallon Green Subdivision, but restricted the use to one 60,000 square foot medical office building. In 2002 following annexation of the property the Council approved a planned development on that site that established three build-able lots on 4.34 acres and, then, Lot 1, Block 1, was approved for a three story, 92 room hotel, the Hampton Inn. The other two lots were to house two office buildings and they were specific square footages allowed for that time. And so you did a modification to the original development agreement at that time to reflect those office buildings. So, that was the first addendum to the development agreement and, then, you revised the first addendum to the development agreement in 2003. That revision allowed the hotel and office uses under the C-G zoning, however, with some minor changes and that primarily -- it added specificity as to one three story, 80 room, hotel and one or two office buildings. So, that was the first -- that was the revision to the first addendum. Now, the applicant proposes amending Section 4.1, uses permitted by this agreement, the recorded development agreement to immediately begin construction of an addition to the existing hotel. Per the existing development agreement the hotel is currently only allowed 80 rooms, so that is what necessitates this development agreement modification. So, right now they are asking -- they are held to an 80 room and also to some restrictions in the office use that were in the original DA. But the site is currently zoned C-G and staff believes that the Meridian City Council August 14, 2007 Page 75 of 99 applicant's request for removing the hotel and office restriction to the site and allowing all C-G principally uses is consistent with the existing zoning. And, apparently, I do have some elevations. No, I don't. Sorry. So, they have not submitted a conceptual site plan showing how future office or retail buildings may be constructed on the site. However, there were some elevations for the proposed hotel addition. I had thought that they would make it into my presentation. They did not and I apologize. But staff did evaluate those elevations and believe that the addition meets the city's design requirements for structures located on entryway corridors. So, the change that they are proposing tonight is to just state that uses allowed pursuant to C-G zoning -- all principally permitted C-G, general retail and service commercial uses, shall be allowed on Lots 1 through 3, Block 1, of Fallon Green Subdivision and removing the previous restrictions on the specific use and square footage. With that I'll answer any questions Council may have. Borton: Thank you, Anna. Council, any questions? Bird: I have none. Borton: Is the applicant here? Ensz: Good evening. I think it's still evening, not morning. My name is Derek Ensz. Address is 875 South Allen, Meridian. Just so you don't think we are a bunch of flakes with all the change in development, we came in after all of those development things were done, we purchased the property to build the hotel from the people that originally wanted to do it, they lost their nerve or funding or something, we stepped in, built the hotel, we didn't own the property in back of the hotel, which was originally intended for office space. About a year later the people that were going to do the office backed out and came to us and said, hey, do you want this property and, you know, we, basically, sell out quite a bit of the time and so we said, well, we will take it. I'm not an office developer, but we will put an addition to the hotel there. So, that's, basically, what we are here for. We, actually, already have a building permit for the building and maybe have a little bit of the cart before the horse, but we need to get this development agreement modified just to allow us to do the hotel there. Gorton: Derek, did you bring elevations? Ensz: I didn't. No. It's basically -- if you're familiar with the building, it's, basically, just another -- you can see it there -- I guess I can use your little laser pointer. There is the hotel right there. There is a wing that's going to go right out the back and it will be -- it will look pretty seamless. It will look just like another wing of the -- Canning: Sony. Ensz: Did I do that? • Meridian City Council August 14, 2007 Page 76 of 99 Canning: No, you didn't. Ensz: It will look like another wing, instead of just being the shallow U, it will look -- it will have a wing going out the back and the only reason that we want a general use is because we still own this section here and it's not really a good space for an office space. It's back behind our hotel and what we would do, instead, is probably put a conference room there or something like that that compliments the hotel. So, we'd just like to keep those uses -- uses open for the future. In fact, they are already out there moving dirt and putting in the fire -- fire hydrant lines and everything, so -- I'm open for questions. Borton: Council, any questions? Bird: I have none. Zaremba: I would wait to see if there is other public testimony and, then, I would reserve a question or two. Borton: Okay. Ensz: Thank you. Borton: Thank you, Derek. Canning: President Borton, Members of the Council, I did find those elevations. I apologize. Here is the site plan and there is the existing facade. Borton: Can you scroll down? No, the other down. There you go. De Weerd: The other down. Borton: Right there. Thanks. De Weerd: We have one other person signed up. Rusty Landen signed up for. He's with you. Thank you. Is there anyone else who would like to provide testimony on this application? Council, any further questions needed? Bird: I have none. Zaremba: Madam Mayor, just a comment. De Weerd: Mr. Zaremba. Meridian City Council August 14, 2007 Page 77 of 99 Zaremba: Just acomment -- one comment and one question. Some of the restrictions that were put on this were put there because the tone of the neighborhood had not yet changed from being rural. The accesses to Eagle Road were not established the way that they are now. And some of the restrictions that were reasonable at the time have -- would not be necessary now. So, seeing that there are no neighbors here who say this is right next to my house and I object, which we did get before, I'm comfortable with the change. The question is one of the issues with this particular property because of the shape of it was the fire department had issues with access and how they were going to get around and sanitary services also did -- and I guess my only question is is the fire department comfortable with the addition and is that going to mess up the turning radiuses and stuff like that. Silva: Mayor, Councilman Zaremba, and Members of the Council, we did have initially some concerns about that. If my memory serves me correctly on this project, I had that -- I had identified that as a concern and I believe the sprinkler system was modified to a more substantial fire sprinkler system to compensate for -- for the issues pertaining to the turning radiuses and so I believe we are fine with it now, so -- if that answers your question, sir. Zaremba: Thank you. It does. De Weerd: Anything else? Any final comments from the applicant? If there is no further testimony or information needed, Council, I'd entertain a motion to close this Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on MI 07-010. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MI 07-010 with staff and applicant comments. Meridian City Council August 14, 2007 Page 78 of 99 Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. If there is no discussion, Mr. Berg, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sian by Todd Mendel - 1640 West Cheny Lane, Suite 100 (Lot 2, Block 1 of Cheny Lane Crossing Subdivision): De Weerd: Thank you. Item 19 is a Public Hearing on AP 07-005. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Primerica Sign project. The application before you tonight is an appeal of the director's decision to deny the sign permit for Primerica. You are hearing this upon reconsideration. Generally I do not give a presentation for appeals, but I feel it's important to refresh your memory on where we have gone to and you asked me to specifically respond to a letter -- a detailed letter that the applicant presented, so I will make that presentation. The applicant requested a permit for an existing Primerica sign that was erected without a permit and that permit was denied for the following reasons -- there were three. The primary one was that the proposed sign meets the definition of an off-premise sign and is that the sign that is not related to the property upon which it is located or to the activity being conducted thereon. The Primerica sign is above the store fronts for two other businesses. Their actual store front is to the -- to the left of what is shown on the picture before you. Per the UDC the wall area, which is where this sign needs to be, shall mean the wall surface of a single tenant structure or the store front of amulti-tenant structure. So, clearly, this is not the Primerica store front area, it is to the -- to the right of that as shown on this drawing. There was a third reason. The third reason states that under the UDC the planned sign program standards for a wall sign would only allow it to be nine percent and that is correct and staff made an assessment of the Primerica sign and an estimate of their existing store front and felt that it did not meet the nine percent maximum allowable. In preparing for tonight's hearing, staff pulled the CZC for the structure. They measured the store front exactly. We have never had an application to put the sign up above their store front, so it's never been an actual request of ours and that first assessment that it didn't meet the nine percent was an estimate and it was wrong. We have recalculated what their sign area is. They had overstated it by four inches, which, actually, made a difference in this case. So, given now what we know, should they choose to move it across their store front, it would be allowed under the nine percent. So, I needed to make that clear at the beginning of this hearing that the first assessment • Meridian City Council August 14, 2007 Page 79 of 99 was incorrect. So, it would meet the nine percent. There is also other options for Primerica signage. They could do a monument sign, but that has never been the question, so in Mr. Mendell's letter received on July 3rd, it had four main points. The first one being that the Primerica sign meets the nine percent rule for the elevation. They are correct. And I'll go and address these in more detail, but the second one was sign's in violation of the nine percent standard. I'll go through those that they claim exceed that nine percent. The third was atenant-landlord agreement of exclusive rights. And the fourth is Mr. Mendell feels singled out for noncompliance when other signs in the city appear to be in noncompliance. So, I'll address those one by one. With regard to the nine percent rule, again, this current sign was computed for actual tenant store front. It was an approximation of the elevation. The Cherry Crossing Subdivision planned sign program has approved center signs and free-standing monuments. Wall signs have subsequently been approved. When a combination of signs exist for a planned sign program, the wall signs are reduced 50 percent for 18 to nine. But this would be allowed as the nine percent on this site with the free-standing sign. With regard to signs in violation of the nine percent standard, they provided several -- have to find all my notes. I don't know if you want me to put all the signs that they provided in your letter up on the screen or if you want me to address it just by discussion, but we did go through every single picture that they have called out. Some of them we no longer had sign permits for, they either were -- they were presumably old enough that they hadn't received a sign permit. Zaremba: Madam Mayor. Presumably that would mean they were also old enough that they weren't done under the current ordinances. Canning: Yes. And there are a couple I have a question on that, you know, quite frankly, we don't have any record of a sign permit. It could be because they didn't pull one. We are not sure. We'd have to research exactly when the building was done. So, a couple of them I'm not quite sure, but they are old, so they are right on that border line and we assume that they were done before the 2004 sign permit -- or sign changes. Zaremba: And some of them would actually be examples of why the new code was written the way it was. Canning: Yes, sir. Very much. A lot of them are examples of that. If you look at their attachment 1-A that has the Rossia Coffee House up at the top, all of those do meet the nine percent rule. If you look at the next page, which starts with Evergreen Chiropractic, the Evergreen Chiropractic does not have afree-standing sign -- or the -- largely the ones shown on this page do not have an additional free-standing sign, so that the -- the standard is 18 percent, not nine percent. So, all of those signs meet the code. Again, Evergreen Chiropractic does meet the standards. If you start looking at attachment 2-A, I can go through individually if you want. We checked all of them. Some of them, like Rehab Authority, is okay at the 18 percent, because that does not have free-standing sign. The others are okay at the nine percent. Some of them like the -- may be older, • Meridian City Council August 14, 2007 Page 80 of 99 like the liquor store one. Going to the next page that has the Mongolian Grill and the Great Clips, a lot of the ones on this one page are older ones where it was not in existence -- the signs weren't there before -- or the buildings went in before the sign code was enacted. And, again, on the other page, there are a mix of older ones. Obviously, Corona Village. Bermuda Tan. Hepper Homes. It's a very much an older building, as are the Pay Day Loans. The Avante sign is okay by current standards. it does meet our current standards. So, that's a fairly quick assessment of those. But we did go through each one. We didn't find any instances where we had approved one in error of the nine percent or 18 percent requirement. Moving on to the third point. The tenant-landlord agreement of exclusive rights, the agreement between Mr. Mendell and Mr. Storey does not exempt either of them from meeting the UDC standards. With regard to the fourth item, Mr. Mendell feels singled out for noncompliance when other signs in the city appear to be in noncompliance. Again, many of the signs are old -- in the pictures they presented are older and are nonconforming. We checked all the ones that we could -- or we checked them all and they appear to be -- we have not issued any in error, so -- with that I'll answer any questions Council may have. De Weerd: Council, any questions? Bird: I have none. De Weerd: I know the applicant is here. Mendell: Madam Mayor, Members of the Council, Todd Mendell with Primerica Financial Services. 1640 West Cherry Lane, Suite 100. De Weerd: Thank you. Mendell: I had one question that staff came up with Evergreen Chiropractic you did say had no free-standing sign was allowed the 18 percent? Canning: With regard -- Evergreen Chiropractic and Preferred Physical Therapy signs do meet the nine percent rule for the wall elevations. The south side Evergreen Sign is at five percent and the combined signs on the east are under nine percent. All other signs in the Cheny Crossing Subdivision shown are on lots that do not have a center or monument sign on the same lot. They are subject to the 18 percent. So, I didn't -- I wasn't specifically clear. Thank you for clarifying that. Mendell: Okay. Thank you very much. Because Evergreen Chiropractic's in the same building as we currently occupy. Well, since the nine percent rule is not a concern any longer, then, we won't address that rule, if our sign meets that rule. And the other two reasons for the denial of our sign as given by staff planning is that we are an off- premise sign. Our concern here is -- is that under the definition of an off-premise sign is stated in the UDC as a sign that is not related to the property upon which it is located or • Meridian City Council August 14, 2007 Page 81 of 99 • to the activity being conducted thereon. As I have previously explained to Council, we occupy 40 percent of the building of which that sign is located. The UDC is not specific about the location of the sign, other than in UDC Section 11-1A-1, which specifically states a sign that is not related to the property upon which it is located -- I'm sorry, let me restate that if I may. City Code 11-3D-9 Section, which states: Wall signs are permitted in any number, location, or orientation, except towards an adjoining residential properly, provided that the total square footage essentially meets the nine percent rule. So, since our sign meets the nine percent rule, we occupy the building therein, and conduct business thereon, we are in a position, based on that particular section, to be able to put in any -- as it states -- number, location, or orientation, which would tend for us to believe we can make those arrangements with our landlord at the time of leasing the property prior to obtaining occupancy. My landlord and the owner of the property has come here today to identify the fact that we made these arrangements prior to any other occupants in that building for which our sign is now over. It was contracted with us legally at that time within the code as it reads, if it's under the nine percent rule it can be in any number, orientation, or location on the building where we conduct business thereon. I'm not really sure -- and I may need some clarification from staff or planning on why they would consider this an off-premise sign, when simply put throughout the city there are many signs located throughout the city as presented to the Council before during our appeal process that are over other businesses, specifically in the Fred Meyer Shopping Center, specifically in Idaho Athletic Club, and the Mountain Land Real Estate area. These all are directly over other entrances and other businesses. We haven't had any complaints from anyone within our business or within that area. We were there prior to -- there was another business that was placed there at the -- which is the choice of the landlord, obviously, to have rented a small space that we did not occupy and we have met the code as read. We have had review of the code, we have had review of our signs, both by Constructional ESI, as well as project managers, and we don't see in any fashion, based on the code as it reads, how we have violated any code. And that is our major concern here. It's not that we feel singled out, we wish no ill business towards anyone, including the person who is in that location now. He at this time, Bibbs, who rented that spot, has five front signs. We have one. He has afree-standing sign facing both directions. He has an automobile with a bicycle on top of it and he has a rack in front of his building with a Bibbs sign on it and he has a banner directly below our sign. Now, I'm not here to cause ill will to them, nor am I here to judge how they obtained that signage and what manners they went through. I'm here to strictly state that by the code and the UDC as written, we haven't violated any of those code issues. And, again, I would like further explanation on why we are considered off premise simply because it's not over our doorway. That's a somewhat distorted photograph as we -- from where the handicap sign is right there on the left is the beginning of our interior wall and it goes to the end of that building. I'd like to have the landlord talk a little bit about why we were put in this position and what the situation of the building was at the time we negotiated our lease, as well as the ability to have the sign there as negotiated in our lease, as well as the location of that sign because of expansion of our business. Meridian City Council August 14, 2007 Page 82 of 99 De Weerd: Good evening. Storey: Well, we are getting close. I have got a long speech here, so -- my name is Chuck Storey. I reside at 4565 West Quail Ridge and I'm the lucky owner of the building. And Todd is right, we negotiated that signage out front when -- when we built that building we didn't know exactly what tenants we would have and what the makeup was. So, we had four store fronts and ended up with two main tenants and when I rented to Todd he negotiated to put the Primerica sign out to the front, which Ididn't -- I wouldn't have ever imagined that being in violation due to the fact that there is Taco Bell buildings, there is Bannock buildings, there is Chrysler buildings, and, you know, I would hope that we could put signs on our buildings if they meet all the other size, dimensions, colors, and everything else -- you know, as long as we are not interfering with someone else that would be in hopes that we could put them -- place them anywhere on our buildings. His -- his office space actually goes behind this small area. There was only 750 feet left of the building that I leased out and he knew that when he leased that. There was no reference in the lease or anything with signage. We would have been more than glad -- and I'd still do it today -- put some signs over to the left there, which would -- but we can't do that, because that would be near someone else's doorway. And, unfortunately, you're going to face growth here and I think you're going to probably come up with a lot of buildings that's going to have big signs on them and not necessarily over somebody's front door. But, anyway, we'd like a little consideration there to leave that sign there. Any questions? De Weed: Council, questions? Thank you. Mendell: I apologize for going on a little further, but I would like to finalize it with this: Again, we are willing to work within whatever we can with our landlord and with our neighbors. We have obtained information from the other two tenants that they had made other signage arrangements with the landlord and they are happy with their signage as it is currently displayed and, again, we don't wish ill will towards any business regardless of when they come in and they have certainly found their way to advertise their retail business in our center. We are a banking institution, as well as a securities and investment institution. We have another vacant lot going in front of us whenever the Council gets around, I suppose, and it's presented to approving that when they present it and we assume from who owns that -- it's owned by a banking firm, that there is going to be more buildings going into those lots. That sign was directed by us before we moved in for the one reason that we have one sign facing a major intersection of Linder and Fairview that we wanted some way for the people to find us. And it is our major source of the signage for that particular structure. And, again, we don't feel that based on the way that the code has been interpreted that we have violated any portion of the code and it hasn't been specifically saying that we have. So, I appreciate your consideration, I thank you for your time. L J Meridian City Council August 14, 2007 Page 83 of 99 De Weerd: Thank you. Council, do you have any questions? C~ Bird: Anna, go back to that last elevation. Go back to the elevation, would you, please. If I look at the floor plan they are to the left there. Canning: Yes, sir. Bird: Bibbs is right there. Canning: The sign that you see is centered before these two. Bird: Is right in that area and they are down on the floor plan. Canning: And they are over here. Madam Mayor? De Weerd: Yes. Canning: May I say one thing? You know, the sign code anticipates having multiple uses inside a building and allows for those -- similar to like the new Fred Meyers where you often have a Starbucks and a Washington Mutual and a hair cutting place inside Fred Meyers and allows you to sign those on the outside. It addresses wall area to specifically call out these multi-tenant structures so that you don't have one tenant using up the whole allowed wall area for signage and it states wall area shall mean the wall surface of the single tenant structure for the store front of amulti-tenant structure. So, that allowed wall area from Primerica, by staffs interpretation, is this store front and that's where the sign needs to be done, otherwise, it's an off-premise sign. And that was the basis for the determination. Mendell: In reference to the staffs interpretation of store front, we had two legal departments interpret that part of the code. That actually applies to the entire front wall space. They both came up with the same interpretation. Both our legal department in Atlanta, as well as Huntley Park here in Boise, Idaho. So, that would provide for major shopping centers, Home Depot, et cetera, to have their percentage signs where ever they wanted within the store front and keep within the percentage of those individual cities. As interpreted, the store front is a guideline for the percentage of the nine percent or the 18 percent as the UDC code explains. However, not being an attomey, only a former criminal investigator, Ican't -- I'm not going to make attomey judgments, but only provide the information that was provided to me that these -- the store front does, in fact, from both of the interpretations made, include that entire front area. Our unit goes all the way through the back. The little section up front -- we actually cover all three spaces, except for the one section to the right of Evergreen Chiropractic and Bibbs, in fact, was rented by the landlord, which was an expansion area for another office space for us, but at that time we were not involved in a lease agreement for that particular spot. Ultimately, the bulk of that building still remains as stated. I would bring L J Meridian City Council August 14, 2007 Page 84 of 99 • your attention again specifically the Fred Meyers complex in Idaho and Mountain -- these are not interior entrances, these are exterior businesses that are directly below the Fred Meyer sign. So, they are in direct violation of staffs interpretation of that and we didn't see we were doing anything different with our expansion of eventually having to take over that whole building, which is what our initial goal was and at this time it is causing some issue on our lease agreement with this particular situation. Thank you. De Weerd: Council? Zaremba: I still agree with staffs interpretation. I think the sign's out of place. De Weerd: Council, any further information needed? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There is some sticky sort of legal interpretation that you can argue either way. For what it's worth, when I -- I tend to agree that it's an off-premises sign and the reason being is the 11.1A.1 defnition of the off-premises sign makes reference to a sign not related to the property upon which it is located or the activity conducted thereon. I think -- is it property or premises? Nary: It's property. Borton: Property? Nary: It says property. Borton: That the read of the property is the specific property at issue, the business itself, versus the real property or parcel as a whole. But you could probably argue it either way. So, I think I agree with staff in that regard De Weerd: Mr. Bird, did you have something? Bird: Madam Mayor, I just had a -- I can't figure it out -- you know, it's definitely not all Primerica now and I don't think that sign -- I don't know why they can't move it down over their store front personally. I mean -- you know, I -- I will be truthful with you, I don't know how the owners convinced these other guys to lease their area when they got a sign that says they are Primerica and I think they need to do that. I mean it looks like it's a very nice sign and probably would fit real nice right over that entry. I know why they want it there is because something's going to build in front and they got to be seen from the road. But, I don't know, Ijust -- you know, he was stating -- that isn't a Primerica building. He was saying the Chrysler building and everything else. Well, • Meridian City Council August 14, 2007 Page 85 of 99 • that's the name of a building. That isn't a business sitting there, that's a -- that°s the owner of a building. And the other ones have theirs off. So, I -- I just would recommend that they move it down there over their own store front. That's my recommendation. De Weerd: Anything further? Rountree: I'm confused. I'm confused by the convoluted language that we have in our UDC. Bird: That's nothing new. Rountree: I mean -- but -- you know, but I mean if it can be interpreted either way, which way do you flip the coin? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If it's truly that situation, I tend to flip the coin in this regard in the applicant's favor. We have set up a situation where we are inviting ambiguities -- I guess that's the short answer to your question. I think this is -this is a tough one. Zaremba: Well, it wouldn't have been if they would have applied for a sign permit in the first place, they would have teamed it before they placed it where it is. Canning: Madam Mayor, Members of the Council, part of my concem is if -- if we can't say that the sign for a store front should be above that store front, then, every building that comes in the first sign could potentially use up the entire sign potential for that building and we will see a lot more of these problems. I mean this is -- this sets a precedent and the sign company is going to be well aware of it, because they are well aware of every precedent that you may or may not set and I just am concerned that if we need to tighten it up that's fine, but this is -- this will release a flood gate. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think your point's well taken and I think fire actually had a comment during the initial application that it also invites concem and public safety hazards potentially with trying to locate the entrance to a particular business. My point I was trying to make on the off-premises sign definition, I missed the language. I was trying to see -- or trying to cite was -- was my thought it is an off-premises sign, specific use of the word premises, the property in which you lease is probably defined as a premises and has a specific legal description defined as a premises. So, I correlate what you have leased to the Meridian City Council August 14, 2007 Page 86 of 99 same definition of premises within the UDC and the sign at issue is not on the premises as defined in your lease agreement. So, maybe that's getting -- Mendell: Mr. President, I learned a long time ago if you're not an attorney don't argue with one and I, basically, have sought other professionals to give me that opinion and they have taken as you stated their interpretation is is that's the property thereon, which includes the entire property. We are not here trying to open any flood gates. If the rule is if it's still under the nine percent rule we don't foresee that happening. We are somewhat taken back as a company that's opening multiple offices here in the Treasure Valley with part of Citi Group, that if Fred Meyer is able to put a sign directly above three other businesses and it's withheld within the city as being okay, we did not intend to do that on this building, because Bibbs wasn't even there at the time we put our sign up. It was a total purpose of putting our sign here is to maintain that percentage in view, as Councilman Bird stated, that was a major concern of ours, knowing that something would be put in front of us. Evergreen Chiropractic's has side views -- signs on the side on the -- on the -- correction, the east side of their building that provides view from Linder and a major traffic seat, as well as in front of their building. They also have front signage. We don't have that option. The other side of our building faces inwardly towards the complex of which we face and the only thing that can see us is Total Women's Fitness. So, that was the reason we positioned the sign through our negotiations where it stands today. We have not -- the unit of concern is Bibbs, as I have got a letter that's been presented to the Council from Physical Therapy, which occupies unit number three and they have no challenges with us, because they obtained their own signage on the wall facing Linder. We have no challenges within our building. Bibbs concern was, again, after they moved in we were already there, they weren't authorized signage by the landlord, they knew it, and there was -- their short- term occupation is their choice, but they have five visual front signs now, including the monument sign which is -- our landlord doesn't even control. The -- excuse me. Not landlord, but I mean monument -- but free-standing. The free-standing sign on that lot is owned by someone else and they have two different visuals on that. So, at this point no one is losing any business and it's not a distraction to anyone based on what we were originally trying to do and not do and not be a thorn in the Council's situation here. Ultimately, we just wanted to stay strictly to the interpretation of the code as was presented for denial of our sign permit, which had been brought up again by staff today, which was allegedly to be handled by our sign management firm that we hired to put up the sign, we went there as soon as we found out we were not on a permit. We are not here to avoid anything. Ultimately, the way the code is written today we do not see any violation of any of those three specific codes whatsoever. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council August 14, 2007 Page 87 of 99 Nary: Madam Mayor, Members of the Council, I don't know if this is of any help, but based on some of the comments that you have had -- and I guess so that acourt -- if a court's going to review your transcript and make adetermination -- I think the first question to answer that Councilmember Borton raised was -- is what interpretation is the court looking at. Well, it doesn't really matter much what counsel from Atlanta or counsel from Boise or even what I say matters that much. What you interpret your code to mean is what the Council -- what the court cares about. That's the deference that the courts will give however you wrestle with this question. So, your interpretation of what you believe your .code is meant to be interpreted and applied is what a court is supposed to evaluate. Mrs. Canning has presented to you from the staffs perspective a number of instances of signs that predate our ordinance and as you have stated in your discussion tonight and previously, many of those instances and circumstances that are being raised here by the appellant were ones that are the reasons your ordinance was created the way it is. So, how you decide on whether or not what a store front is and what an off-premise sign is, is really what matters. It doesn't make any difference on whether or not the appellant has a lease agreement for where the sign belongs. That's not an issue for staff or for the Council. It doesn't make any difference if somebody else doesn't object to it, that's not the issue. It's how it -- whether it meets your ordinance or not and your interpretation is really all that matters. But, for example, at least three of you have raised store front and every one of you said the store front is the tenant space they are occupying, not the entire building, not every bit of the building, not the whole front facing the street or what is more visible, but it's the tenant's space they occupy. If that's your interpretation of what your ordinance means, then, that's what you should put on the record. If off-premise sign means that it's not in front -- in front of your tenant space, then, that's what you interpret -- if that's what you interpret your ordinance to mean and that's how you want staff to apply it, it's that the court should be -- should evaluate your interpretation and what is reasonable in light of that and how it's applied elsewhere and the only testimony from staff that hasn't been refuted by the appellant is since this ordinance was in place they cannot located any instance where they have issued a sign permit that would be in violation and inconsistent with what they have presented in this case. So, if you want them to interpret it differently, that's within your power to do that. But that's the evidence you have, what's been raised by the appellant. Staff has presented evidence saying every one of those instances either complies with our ordinance or is -- or predates the ordinance enactment, so it's not applicable to this situation. So, again, it doesn't really matter what I think or what their counsel thinks as to what the ordinance means, it only matters what you think. De Weerd: Okay. Mendell: I have one question, then, for the Council. City Code 11-3D-9 simply states wall signs are permitted in any number, location or orientation, except towards an adjoining residential property, provided that the total square footage does not exceed nine percent, 18 percent, et cetera. That is a moot issue at this point. We are under the nine percent rule and if we aren't directly in line with that code, then, please, direct me Meridian City Council August 14, 2007 Page 88 of 99 as to where we went wrong, if it can be any number, any location, or orientation on that building. That's what we need -- that's what we are looking for. Bird: Read that again, sir. Would you read that again? Mendell: Yes, sir. Wall signs are permitted in any number, location, or orientation, except towards an adjoining residential property, provided that the total square footage -- and I'm reading it off my own and so, therefore, I just carved it forward. It's actually on the denial permit itself, so if I repeat it -- wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed 18 percent of the wall face upon which the sign is placed or nine percent of the wall if combined with afree-standing sign on the same lot. Well, since we are under the nine percent, it is specifically -- it doesn't say it has to be above our entrance way. Nary: But that is unless it is an off-premise sign. If it is an off-premise sign those are prohibited by a different section of the code. So, that's -- that's really the crux of your question, Council, is is it an off-premise sign. If it is it doesn't make any difference if it's a wall sign and the percentage, it doesn't matter, you can't have an off-premise sign regardless. So, that section isn't by itself dispositive. Mendell: So, with that stated, for my own clarification, if it is an off-premise sign wouldn't all signs not over their entrance way be off premise, if they don't abut to their interior business? And if that be the case, then, we have got wall signs all over the city that aren't directly over their entrance way. Nary: That predate our ordinance. That's what's been already testified to and you haven't testified in rebuttal to that. Mendell: In rebuttal to that I believe the signs that we listed in that three mile stretch that we did our survey included signs that were after this ordinance was written. Nary: No, they weren't. Mendell: And if we are wrong, then, again, that's something that due diligence will discover. Ultimately at this point if that particular code says you can't put it in any number or location or orientation, then, I'm confused as to -- you'd have to have it directly over your wall and, then, that wouldn't apply at all. So, my confusion is you're going to state that we are off premise because it's not over my doorway, but, by the way, it doesn't have to be over your doorway. I'm confused. And maybe I can get some clarification here. Bird: You have -- Madam Mayor, may lask -- you brought up the Fred Meyer store a hundred times here. Meridian City Council August 14, 2007 Page 89 of 99 Mendell: That's the most visible, sir. Bird: But let me tell you something. That whole store has got four entrances which are all Fred Meyers. Now, that building there has got one entrance that's Primerica. That isn't a Primerica building in my book. What is your store front and your -- and your part of that building is that 30 feet, approximately, that you got across there. Now, I don't know how big your sign is and I don't blame you for wanting it out exposed. I realize that it's prime to be out there and be seen and if your other people don't bother. But if we set a precedence for you here, it's going to -- it's going to do it. And you can't compare to Fred Meyers, in my opinion. And I'm no lawyer either. Mendell: And why is that, sir? Bird: Because that whole store is theirs and their -- if you owned all that and had an entrance there and an entrance there and an entrance there was Primerica and chiropractic was inside, they come in your door and, then, went over to another interior thing like you do in Washington Mutual or U.S. Bank in Albertson's -- Mendell: Yes, sir. Bird: -- hey, then, that -- that's a different situation in my opinion. Mendell: I agree, sir. And in the Fred Meyer store -- Bird: And that's what Fred Meyers is. They have got some exterior shops, too, but those signs are on the shop. Mendell: And there is actually signs facing the southern most wall that give direction that would be off premise by this definition around the comer. So, we have a myriad group of signs and I agree with you, Councilman, that if there is interior businesses within the business that owns the building and they have the signage out front, there is no challenge here. Ultimately, it's the determination of -- we are trying to stay by the code and I understand where the Council is going with this, so appreciate your time. De Weerd: Mr. Borton? Borton: No, I -- De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. If you received approval to have your sign over your entrance doorway would you refuse to move it? Meridian City Council August 14, 2007 Page 90 of 99 Mendell: It's not a matter of refusing to move it. We have a re-designation of our trademark by the end of the year anyway, so we would have to change the existing sign by trademark. So, we are already up against some changes on the signs that we have now. Again, it would cause for a possible lease renegotiation or a breaking of our lease due to the fact that we will lose signage and location of our building and that is something that doesn't not concern the Council either, that's something that we would have to determine based on the fact that we were under the impression the landlord was in a position to negotiate lease space according to these rules or interpreted. would not refuse to move it. I have to stay in business. I can't shut down for one day. I have obligations to the NESD, as well as the banking and lending commission and I will have to fulfill those accordingly. And please do not take -- like I said, I own homes in Meridian, I have been in business here since I have moved here and the fact of the matter is I'm certainly not trying to be that thorn. We were -- you know, all of our attempts trying to bring business to this community and not cause challenges with the skateboard shop next door that set a bad precedent for the rest of the city and I'm definitely not in that situation where I'm trying to argue that with any of the decisions the Council makes tonight. We have maybe wrongly felt picked on for the benefit of a tenant that came in after we had already positioned ourselves and that's irregardless. Like I said, I have people I have to answer to as well as to what we are able to accomplish here and I'm just trying to stay in business. So, the answer to your question from the long end is, no, I would move my sign. I still have the tenant rights to that middle of that complex. That doesn't mean someone else is going to put a sign up, because it's negotiated into my lease. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I'm certainly not -- being in a retail business for 42 years, I'm not out to hurt you or harm you or anything else, but we have got to look as a whole at what's going to -- you know, I feel we have to look at the whole and I -- and I understand why you'd like to see your sign where it's at. You say you're going to come out with new signage at the end of the year or a new trademark signage or something; is that right? Mendell: We have actually already gotten approval to shorten it below the nine percent. We are dropping the umbrella, we are changing our colors, and we are adding a Citi company under that, because of the -- because of Smith Barney and Citi and Travelers all merging into one unit and ultimately what we are going to do with that is I have even offered my landlord -- although that's up to him, I says, look, I'll take that spot, because if I had known this was going to arise in the first place I would taken have unit two in the first place as my entrance way and, then, it would resolve this issue before it got into an issue, because they could have built out either door forme. Bird: I think that would be great. Meridian City Council August 14, 2007 Page 93 of 99 of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way De Weerd: Ordinances 20, 21, 22, 23 and 24. Bird: Twenty-four no. Rountree: Twenty-four we are going to table. Zaremba: Madam Mayor, 24 we need to hold over. De Weerd: 07-1330, 07-1331, 07-1332 and 07-1333. Mr. Berg, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Item 20, Ordinance No. 07- 1330, an ordinance amending Title 1, Chapter 7, Section 9, Meridian City Code, regarding compensation for the City Council Members of the City of Meridian, providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1331, an ordinance amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding compensation for the Mayor of Meridian, providing for a waiver of the reading of the rules and providing an effective date. Berg: Item 22. Ordinance 07-1332, which is an ordinance that we are approving again, because of a duplicated ordinance number, if anybody is listening. An ordinance finding that Joint School District No. 2, the owner of certain real properly, has made a written request for rezoning of the zoning classification for the real property being a portion of Parcel A of the record of survey number 6631, situated in the southeast quarter of Section 18, 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 territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I-L 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. Berg: Ordinance No. 07-1333, an ordinance for annexation of property being a portion Lot 2 and 4 and all of Lot 3 of Block -- of Spur Wing Subdivision as filed for the record in the office of the Ada County recorder, Boise, Idaho, in Book 69 of Plats at page -- pages 7104 through 7108, and a portion of the southwest quarter of Section 23, Township 4 North, Range 1 West, 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 requested by the City Meridian City Council August 14, 2007 Page 94 of 99 of Meridian, establishing and determining the land use zoning classification of said lands from R-R to R-4 and R-8 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. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Would you make your statement about anybody wanting it read in full, so I can make motions. De Weerd: Is there? Bird: Madam Mayor, seeing how nobody wants them read in their entirety, I move that we pass ordinances 07-1330, 07-1331, 07-1332, and 07-1333 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve ordinances numbers 20 through 23. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 24: Ordinance No. AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design -1695 South Locust Grove Road: De Weerd: And Item 24. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table AZ 07-004 ordinance until the rest of the application has been taken care of. Berg: Madam Mayor, if we could just have it withdrawn off the agenda, because it will be until that development agreement is signed and put on the agenda. • Meridian City Council August 14, 2007 Page 95 of 99 Bird: Withdraw it from the agenda. Rountree: Second. Zaremba: Second. De Weerd: Okay. Motion and second to withdraw Item No. 24. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 25: 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): De Weerd: Item 25 is an Executive Session and we will just move this to next week and -- Bird: If we need it. De Weerd: -- then we are at the end of our agenda. I would entertain a motion to adjourn. Bird: I thought you wanted to talk about -- Rountree: Want to talk about Overland? De Weerd: Oh. Yes. Mr. Rountree. Rountree: Thank you, Madam Mayor. We have been working with ACHD and the developer and we have already approved a development that will extend Overland to Ten Mile and there is some confusion as to how the city is going to participate in that extension in terms of providing infrastructure along that alignment, sewer and water specifically, and how we are all going to team up and get that done. We have also been pushing ACRD to get that on their agenda, so they will do what action they need to do to legitimize that alignment, approve that alignment, and agree to the relocation of Overland. That was scheduled for this week. They have postponed it until the end of the month. Hopefully they won't postpone it until October and that's where they had it. But we need to get some direction in terms of getting staff to work with the developer on are we going to look at partial reimbursement for sewer and water or are we going to look at a hundred percent -- Kyle, I don't know if you can address that and I'm not really looking for an answer tonight, but I think the developer needs to sit down with the city ~ ~ Meridian City Council August 14, 2007 Page 96 of 99 and get a plan in place and I just bring that before Council to get some idea of where you all are thinking in terms of the importance of that particular realignment. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would say it's of utmost importance to me. I think that whole area of the city will function better now and far into the future with that realignment. I'm surprised at ACHD dragging their feet, since they participated in the charrette where it appears that that was the end result that was happy for everybody. I mean the problems of leaving Overland where it is are -- there are a lot of problems with leaving Overland where it is and to have a developer willing to be part of the solution to that is not something that I take lightly and I'm disappointed that ACHD is not buying into something that I felt they had already agreed with. Rountree: Well, we think they are, but they are just going through their process. De Weerd: Well -- and, Council, I guess to really show the importance and that sort of thing, it is important to see that you empower staff to sit down and talk with them about an arrangement and a reimbursement and I think that -- Rountree: Kyle's got a comment to that regard. De Weerd: -- Len has looked at not the hundred percent, but 72 -- 70, 72 percent. I guess we just need to -- to get behind the priority of this road by coming up with an agreement that we can live with and help move this along. And I think that would send a strong message to ACHD that we are committing and you need to. Radek: Madam Mayor, Council Members, we actually have three reimbursement agreements in concept in place. We were just about ready to take them to Council last week and Ted was doing some review and he told me that he was going to have those reworked this week and we are pretty much ready to rock and roll on those where that's -- De Weerd: Rock and roll. Radek: -- going to -- it's going to take care of the alignment -- the realignment of Overland and the sewer to the east as well, the Black Cat trunk to Linder and, then, to Stoddard. So, we are already working with the developer on that. De Weerd: But that's to the east. This piece would be to the west. Meridian City Council August 14, 2007 Page 97 of 99 Radek: Yes. I was saying in addition to the piece that goes to the west on the Overland realignment. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: About a month ago was -- Mr. Grady and I were in a meeting with both the developers to the properties to the east, as well as the developer that you're talking about for this western piece and that was when they first finally agreed to separate those into separate agreements. The stumbling block had been is that both of the different developers did not want their parcels separated into two separate agreements and that was problematic. They did agree to do that. If you recall, I think Mr. Grady raised that to you all a few weeks ago, saying we are still in negotiation trying to get this done. Mr. Radek is correct, we have -- we have the reimbursement agreements -- I'm not certain that Mr. Jewett's still in agreement completely with it. I think -- I think the property owners to the east are, but I don't know that we have completely finalized that or not, but I do think we would anticipate bringing that back in front of you within -- either next Tuesday or the following Tuesday and hopefully we will have it finalized. If not, we will be able to bring that in front of you to -- I think as we discussed it -- that meeting with Mr. Grady, he didn't want to negotiate the entire agreement here with all of you, but, rather, if there were a few issues as to when the reimbursement schedule would be and those kinds of things, then, we would bring that back to you, if that was where the disagreement is. De Weerd: There would be entertainment value if they negotiated here. Nary: I don't think Mr. Willis could keep up on his stenography with it. Zaremba: Is there any further confirmation that ACHD needs that this is something we want to have happen? De Weerd: I think that our proof would be coming up with that agreement and moving it forward. Bird: The agreement isn't on the road, though. Rountree: Correct. Bird: The agreements on the infrastructure and I -- we got -- we got a problem of going under the canal up there. Has that ever been cleared? Meridian City Council August 14, 2007 Page 98 of 99 Rountree: Mr. Jewett is well aware of those issues and that's why he wants to get some of this stuff rolling, so he can tum his contractor loose, because he's apparently awarded the contract -- Bird: He has. Rountree: -- to do the construction, so -- Bird: But has Nampa-Meridian given permission to go under it? De Weerd: That's -- that's what the time frame constraints are about. Rountree: Yeah. Bird: Let's get going. De Weerd: So, I guess in negotiations, Kyle, for tomorrow, you know, continue on and, hopefully, we can get this resolved. Radek: Madam Mayor, we are going to do this as quickly as possible. De Weerd: Thank you. Rountree: With that I move to adjourn. Bird: Second. Zaremba: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. LJ Meridian City Council August 14, 2007 Page 99 of 99 MEETING ADJOURNED AT 12:20 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAY RT de WEERD ~~,.o`°~~ ~~ ~r~°;~ ,~ ~ ~~ e ~~~~~ P~TTESTED: ~ ,~ ~ ~ ~~w 1~0.'~ ~ ~ 28 ~ D ~ DATE APPROVED G. BERG JR., August 10, 2007 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes for July 17, 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: Contacted: Emailed• COMMENTS Date: Phone: • JIUII IIIIIIUIS: Materials presented at public meetings shall become properly of the City of Meridian. August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. REQUEST Approve Minutes for July 10, 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 property of the City of Meridian. August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes for July ~4, X007 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: Emailed: Date- Phone: _ Staff Initials: Materials presented at public meetin8s shall become properly of the City of Meridian. • • August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-D REQUEST Tabled from July 3, 2007 -Resolution -Adoption of Records Retention Schedule AGENCY COMMENTS CITY CLERK: See Previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~, CITY SEWER DEPT: ~V„ /~ CITY PARKS DEPT: ~j~ ~ ~ ~j U `j MERIDIAN SCHOOL DISTRICT: ~ ~ ADA COUNTY HIGHWAY DISTRICT: D SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. i CITY OF MERIDIAN RESOLUTION NO. • ®~- X73 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ADOPTING A RECORD RETENTION SCHEDULE. WHEREAS, a record retention schedule establishes minimum retention periods for the various types of city records; and, WHEREAS, Idaho Code 50-907 requires the City Council to adopt by resolution a record retention schedule, listing the various types of city records with the applicable retention periods; and, WHEREAS, adoption of a record retention schedule assists in efficient and effective records management by identifying records that have exceeded their minimum retention that may be destroyed following approval by the City Attorney and, as required for semi-permanent records, approval by the Idaho State Historical Society and upon resolution of the City Council in accordance with the provisions of Idaho Code 50-907; and, WHEREAS, a record retention schedule also enhances protection of historic records by identifying records of enduring value as permanent records that are retained by the city in perpetuity or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Meridian, Idaho that the city hereby adopts the record retention schedule attached as Exhibit "A." Section 1. Records identified as permanent shall not be destroyed, but shall be retained by the city in perpetuity or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council. Records that are not considered permanent shall be retained for the period specified in the retention schedule and until destruction is approved by resolution of the City Council pursuant to the provisions of Idaho Code 50-907. The City Clerk as the Records Manager of the City is authorized to take all necessary steps to carry out the authorization provided by this Resolution. RECORDS RETENTION SCHEDULE RESOLUTION Page 1 of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _~~day of /~w~c.~` ~ ?O~ ~ . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~day of /g2L f•GGf ~ ~iD ®~ , A' ~. WILLIAM G. BERG, STATE OF IDAHO, ) ss County of Ada ) r~~~ ~,\\~''h!IAYO MY de WEERD ...: t,9 \~ ltd' 1.4~ W A ~6 F`G •®i ~ `moo - a'~~, ~L ~~~' /' ~i' ~® a~ 4 v's'o,,''~llllfll 1111111\\\`\\\\a~ On this 19'x' day of Q U U S~' Z.DO ,before me, the undersigned, a Notary Public in and for said tate, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL): ; ~ '.~O T.q~., ,~,: .G,,Z-~ ~ ~ ~ r ~~ ~ ~ ~`. • '.~'~~- IC '~O.' ~~,~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: CC>`ldtt gel 1 ` tp MY COMMISSION EXPIRES: IU- ~ RECORDS RETENTION SCHEDULE RESOLUTION Page 2 of 2 ~~ERa \IDIAN ..HC City of Meridian Records Retention Schedule Resolution No. 07- ~~'~ Adopted August 14, 2007 Compiled by the Meridian City Clerk's Office William G. Berg, Jr., City Clerk • City of Meridian Records Retention Schedule Table of Contents Administrative Records ............................................................................................................. 3 Accounting, Budget, Finance & Payroll Records ................................................................... 12 Building, Planning & Zoning Records ..................................................................................... 23 Election Records ......................................................................................................................... 29 Emergency Communications Records ..................................................................................... 31 Fire & Emergency Medical Services Records ......................................................................... 32 Information Systems Records ................................................................................................... 35 Insurance, Risk Management & Safety Records ................................................................... 37 Legal Records ............................................................................................................................. 40 Parks & Recreation Records ..................................................................................................... 41 Personnel Records ...................................................................................................................... 44 Police & Law Enforcement Records ........................................................................................ 51 Public Works & Engineering Records ..................................................................................... 59 City of Meridian Records Retention Schedule Page 2 of 72 ~ ~ Administrative Records • Activity & Room Scheduling & Reservation Records: Records documenting scheduling and reservations related to public participation in and use of various city activities, events, classes and meeting rooms. Includes schedules, logs, lists, requests, etc. (SEE ALSO Recreation Program Files and Park & Facility Use Permits in the Parks & Recreation section.) Transitory: Keep one year. Activity Reports, General: Daily, weekly, monthly, or annual reports documenting the activities of city employees. Useful for compiling annual reports, planning and budgeting, monitoring work progress, etc. Usually tracks type of activity, employees and/or volunteers involved, time spent on activity, work completed, and related information in narrative or statistical form. (5EE ALSO Grant Records in the Accounting, Budget, Finance & Payroll section.) Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Appointment Files: These files document appointments to fill vacancies in the offices of mayor and councilmember, and also appointments to city boards, commissions and committees. Documents may include: letters of recommendation, letters of appointment, resumes, and related correspondence. Permanent: Keep records relating to mayoral and council appointments permanently. Semipermanent: Keep all other records five years after service with city ends. • Calendars, Appointment Books & Scheduling Records: Records including calendars, appointment books, schedules, logs, diaries, and other records documenting meetings, appointments, and other activities of city officials. Transitory: Keep one year. • Capital Asset Records: Records documenting purchase, maintenance, inventory, depreciation and disposition of capital assets, such as buildings, real estate, infrastructure, vehicles, equipment, and other assets with a useful life generally more than five years. (SEE ALSO Technical Manuals, Specifications & Warranties and City of Meridian Records Retention Schedule Page 3 of 72 Vehicle Maintenance & Repair Records in this section and the Public Works & Engineering section for a variety of records relating to capital assets.) Semipermanent: Keep records (except inventories) five years or three years after disposal or replacement of capital asset (whichever is longer). Transitory: Keep inventories until superseded. • Citizen Awards: Awards presented to honor citizens for civic contributions. Records may include award nominations, certificates, ceremony records, photographs, lists of recipients, etc. Some records may have historic value. Permanent: Keep lists of recipients permanently. Semipermanent: Keep other records five years. • City Boards, Commissions & Committees: Bylaws, meeting minutes and agendas of city boards, commissions and committees. Permanent: Bylaws, adopted meeting minutes and agendas of city boards, commissions and committees are permanent. Transitory: Keep notes for meeting minutes until minutes officially approved. Note: Idaho Code 50-907(1)(a) provides that adopted meeting minutes of city boards and commissions are permanent. • City Council Meeting Agenda, Minutes & Recordings: Records documenting meetings of the city council and motions, resolutions, ordinances and other actions taken at council meetings. (SEE ALSO Land Use Hearing Recordings & Exhibits in the Building, Planning & Zoning section.) Permanent: Adopted council meeting minutes and council meeting agendas (if not included in the minutes) are permanent. Transitory: Keep audio/visual recordings of non-land use issues until superseded, obsolete, or administrative needs end. Keep notes for meeting minutes until minutes officially approved. Note: Idaho Code 50-907(1)(a) provides that adopted meeting minutes of the city council are permanent. • Conferences, Seminars & Workshops: Records documenting attendance and presentations by city employees at conventions, conferences, seminars, workshops, and similar events, including staff reports, instructional materials, related City of Meridian Records Retention Schedule Page 4 of 72 correspondence, etc. (SEE ALSO Employee Travel Records in the Accounting, Budget, Finance & Payroll section.) Semipermanent: Keep presentations by city employees five years. Temporary: Keep all other records two years. • Contracts & Agreements: Agreements with vendors and other parties for the acquisition, lease, lease-purchase or sale of equipment, supplies, services or property. Semipermanent: Keep five years after contract term expires. Note: Idaho Code 50-907(2)(b) provides that contracts must be kept at least five years. Correspondence: Correspondence is divided into three types. TransitoYy Correspondence covers day-to-day office and housekeeping correspondence and does not contain unique information about city functions or programs. General Administrative Correspondence includes records created or received in the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. Policy/PYOgram Correspondence documents the formulation, adoption, and implementation of significant policy/program decisions. All three classifications of correspondence include records on various types of media, including paper, email, and other media. Permanent: Policy/program correspondence is permanent. Semipermanent: Keep general administrative correspondence for five years. Transitory: Keep transitory correspondence until administrative needs end. Email Records: Email Correspondence shall be kept in accordance with the retention schedule according to the topic of each email. Email correspondence that is considered permanent or semipermanent record shall be printed in hard copy paper form and placed in the appropriate department file as the official permanent or semipermanent record. Keeping permanent electronic email records is not feasible due to the constant change of technology and change of systems within the city. Email management systems may delete outdated email according to a set time line. Permanent: Policy/program correspondence is permanent. Print a hard paper copy for the department file. Semipermanent: Keep general administrative correspondence for five years. Print a hard paper copy for the department file. City of Meridian Records Retention Schedule Page 5 of 72 i • Transitory: Keep transitory email correspondence until administrative need ends then delete. Deeds & Real Property Records: Records relating to ownership of real property, including deeds, title opinions, abstracts and certificates of title, title insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Permanent. Note: Idaho Code 50-907(1)(e) provides that records affecting the title to real property or liens thereon are permanent. Disaster Preparedness & Response Records: Records documenting planning for, impact of, and actions taken by the city in response to disasters, emergencies, and civil disorder, including: earthquakes, wildfires, severe storms, floods, drought, utility failures, hazardous materials incidents, riots, etc. Records may include: plans and studies, logs, diaries, damage assessment reports, response reports, situation and resource status reports, resource ordering and tracking records, financial documentation, messages, photographs, etc. Permanent. • Easement Records: Records relating to acquisition ofcity-owned easements and rights-of--way for public works or other local government purposes, including deeds, correspondence and legal documentation. (SEE ALSO Vacation Records in this section and Temporary Access/Construction Easement Records and Right-of--Way Permit Records in the Public Works & Engineering section.) Permanent. • Franchise Records: Records relating to franchises for electricity and natural gas distribution, cable television and garbage collection, including: contracts, franchise fee information, election information, audits and other verification of revenue from franchisee, published franchise ordinance, and other records. Semipermanent: Keep six years after expiration of franchise agreement. • Historical File: Includes historical information about the city. May include maps, newspaper clippings, scrapbooks, photographs, compiled histories of the city, information on historic homes and properties, special events & celebrations, etc. Permanent. City of Meridian Records Retention Schedule Page 6 of 72 C • Key & Keycard Records: Document the issuance of keys/keycards to city staff for entrance to city buildings. Transitory: Keep until superseded. • Legislative Issues: Bulletins, publications, bills, and other information about state/federal legislation affecting the city. Transitory: Keep until administrative needs end. • News Releases: Prepared statements, announcements, and news conference transcripts issued to the news media by the city. Permanent. • Notary Bond Records: Bond posted by notaries conditioned on the faithful performance of their duties. Note-other notary records, including application, appointment, journal and other records are the property of the notary. Semipermanent: Keep six years after expiration. • Oaths of Office: Signed oaths of elected officials swearing to uphold the federal and state constitutions and laws of the city. Permanent. • Ordinances & Resolutions: Ordinances and resolutions passed or considered by the city council. Permanent: Adopted ordinances and resolutions are permanent. Transitory: Keep proposed ordinances and resolutions that are not adopted until administrative needs end. Note: Idaho Code 50-907(1)(b) provides that ordinances and resolutions are permanent. • Permits & Licenses: Includes records relating to city permits and licenses, including: beer, wine and liquor by the drink, animal licenses, business licenses, daycare licenses, pawn shop licenses, taxicab licenses, etc. Semipermanent: Keep five years after expiration, revocation or denial. Note: Idaho Code 50-907(2)(d) provides that license applications must be kept for at least five years. City of Meridian Records Retention Schedule Page 7 of 72 • Parade Applications: Applications and other records relating to parades on city streets, including: fees, insurance requirements, alternative routes for emergency vehicles, etc. Temporary: Keep three years. • Postage Records: Document transactions with the U.S. Postal Service and private carriers, including: postage meter records, receipts for registered and terrified mail, insured mail, special delivery receipt and forms, loss reports, etc. Temporary: Keep three years. • Proclamations: Ceremonial or celebratory statements issued by the mayor. Permanent: Proclamations are permanent, with the exception of those requested by outside groups or organizations (see below). Transitory: Keep proclamations requested by outside groups/organizations one year. • Professional Membership Records: Records documenting city-paid individual memberships and activities in professional organizations (i.e. Idaho City Clerks, Treasurers & Finance Officers Association, Association of Public Treasurers, etc.). Semipermanent: Keep five years. Public Addresses: Includes speeches (State of the City), addresses and other comments or remarks made at formal ceremonies by elected officials. Format maybe paper, audio or videotape, etc. Permanent. • Public Records Requests: Includes written public records requests, city denials of public records requests, appeals information, etc. Temporary: Keep two years after last action or final disposition of appeal (whichever is longer). • Publications: Includes newsletters, annual reports, policies (e.g. personnel, Internet use, drug testing, etc.), manuals, pamphlets, brochures, leaflets, reports, plans, feasibility studies, proposals, etc. published by the city or at the city's request. City of Meridian Records Retention Schedule Page 8 of 72 Permanent: Keep one copy of newsletters, annual reports, policies and procedures manuals, plans, feasibility studies and other publications with lasting significance permanently. Semipermanent: Keep other publications five years. Purchasing & Quality-Based Selection Records: Records documenting competitive bidding and purchase of goods, services, and public works construction, and procurement of design professionals. Records include: published notices and solicitations, specifications, Request for Bids, Bid Responses, Request for Proposals, Requests for qualifications, statements of qualifications, etc. Semipermanent: Keep five years. Note: Idaho Code 67-2805(2)(3) and 67-2806(1)(3) require that if a city finds it impracticable or impossible to obtain three bids for personal property or from licensed public works contractors for public works projects, documentation of the efforts undertaken to procure three bids must be kept at least six months after the procurement decision is made. • Purchase Orders & Requisitions: Requests and purchase orders for goods or services purchased by the city. Information includes: department, delivery location, date, quantity, description, unit and total price, and authorizing signatures. Semipermanent: Keep five years. Note: Idaho Code 50-907(2)(a) provides that purchase orders must be kept at least five years. • Records Management Records: Records documenting the inventory, retention, management and disposition of city records, including: records retention schedules, inventory worksheets, correspondence, etc. (SEE ALSO Public Records Requests in this section). Permanent: Keep record retention schedules and amendments, and destruction records including destruction resolution and authorization from Idaho State Historical Society and legal counsel, permanently. Semipermanent: All other records relating to records management keep five years. • Sister City Records: Records of sister city relationships with cities in other countries, including correspondence, ceremonial agreements, proclamations, exchange visit records, photographs and related documents. City of Meridian Records Retention Schedule Page 9 of 72 Permanent: Keep ceremonial agreements and proclamations permanently. Semipermanent: Keep other records five years. • Surveys, Polls & Questionnaires: Records documenting measurement of public opinion, including surveys, polls, questionnaires, studies, etc. Permanent: Keep summaries permanently. Transitory: Keep survey forms and other records one year. • Technical Manuals, Specifications & Warranties: Owners manuals and warranties for city-owned vehicles and equipment. Includes specifications, operating instructions, safety information, and terms for coverage of repair or replacement of equipment. (SEE ALSO Vehicle Maintenance & Repair Records and Capital Asset Records in this section). Semipermanent: Keep until vehicle/equipment is removed from service. • Telephone Messages: Includes actual telephone messages and telephone message registers. Transitory: Keep for one week or until administrative needs end. • Urban Renewal Records: Includes urban renewal plans, annual financial reports, audit reports, budgets, project records, tax-increment financing information and related documents. Permanent: Keep urban renewal plans, annual financial reports, audit reports, feasibility studies, financial impact analyses, and other written studies or reports permanently. Semipermanent: Keep urban renewal project records ten years after closeout of the urban renewal agency. • Vacation Records: Recorded property vacations by the city, including streets, alleys, easements, public utilities, subdivisions, and rights-of--way. Records may include: petitions to vacate, maps, descriptions of property, staff reports, and related correspondence. Permanent. • Vehicle Maintenance & Repair Records: Document the maintenance and repair history of city-owned vehicles. Records typically include: description of work completed, parts and supplies used, date of service, date purchased, price, vehicle City of Meridian Records Retention Schedule Page 10 of 72 t M identification number, make and model, registration, etc. (SEE ALSO Technical Manuals, Specifications & Warranties and Capital Asset Records in this section) Semipermanent: Keep until vehicle is removed from service. • Visitor Logs: Records documenting visitors to city buildings, and typically include: visitor's name, visitor badge issued, and entrance and exit times. Transitory: Keep one year. City of Meridian Records Retention Schedule Page 11 of 72 ~ ~ Accounting, Budget, Finance & Payroll Records • Accounts Payable: Records documenting payment of city bills, including reports, invoices, statements, vouchers, purchase orders, payment authorizations, receipt records, canceled checks or warrants, etc. (SEE ALSO Grant Records in this section for records documenting expenditure of grant funds.) Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. Accounts Receivable: Records documenting billing and collection of monies owed to the city by vendors, citizens, organizations, governments, etc. Records include: reports, receipts, invoices, awards, logs, lists, summaries, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. (SEE ALSO Grant Records in this section for records documenting receipt of grant funds.) Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. Audit Report: Documents the city's annual audit, examining compliance with generally accepted accounting principles and methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: auditor's report and recommendations, single audit information concerning federal grants, and other information. Permanent. • Bank Transaction Records: Records documenting the status and transaction activity of city bank accounts, including account statements, deposit and withdrawal slips, checks, checkbook stubs and check registers, etc. (SEE ALSO Grant Files in this section for records documenting grant transactions.) Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Bankruptcy Notices: Records documenting notification to the city that certain individuals have filed for bankruptcy, and used to determine if the individual owes City of Meridian Records Retention Schedule Page 12 of 72 • • money to the city and to file notice or claim with the court. Information may include: debtor's name, accounts information, prepared repayment plan and related documentation. Temporary: Keep three years after discharge of debt or last action (whichever is shorter). • Bond Records: Records documenting financing of city improvements through bonded indebtedness. Records include: bond rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. Permanent: Bond and election ordinances are permanent. Semipermanent: Keep all other records five years after the bonds are paid off. Note: Idaho Code 50-907(2)(f) provides that these records must be kept at least five years. • Budget Records: Records used in preparing and adopting the city budget, including revenue projections, instructions, department requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Permanent: Keep notice of budget hearing (with tentative budget) and appropriations ordinance and amendments permanently. Temporary: Keep all other records three years after fiscal year end. • Deduction Authorization Records: Records documenting employee application and authorization for voluntary payroll deductions, direct bank deposits, and related actions. Payroll deductions are directly deposited or remitted to the authorized financial institution, insurance company, or other agency or vendor. Records may include: insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Semipermanent: Keep five years after superseded, terminated, or employee separation. Note: Federal regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. • Deduction Registers: Registers or records documenting voluntary and/or required deductions from the gross pay of city employees. Types of deductions include: City of Meridian Records Retention Schedule Page 13 of 72 ~ ~ federal income and social security taxes, state income tax, workers' compensation, union dues, insurance, deferred compensation, credit union, parking permit, garnishments, levies, charitable contributions, and others. Information may include: employee name and social security number, pay period, total deductions, net pay, check number, and related data. Semipermanent: Keep five years after fiscal year end. Note: Federal regulations (26 CFR 31.6001-1; 29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Employee Bond Records: Records documenting the posting of fidelity, performance or position bonds to guarantee the honest and faithful performance of elected officials, individual employees or groups of employees. Information typically includes: name and position(s) of the individual or group, amount of coverage, effective and expiration dates, and related information. Semipermanent: Keep six years after expiration. • Employee Time Records: Records documenting hours worked, leave hours accrued, and leave hours taken by city employees. Information usually includes: employee name and social security number, hours worked, type and number of leave hours taken, total hours, dates and related data. (SEE ALSO Leave Applications in this section.} Semipermanent: For records documenting expenditure of grant funds, see Grant Records in this section. Keep all other records five years after fiscal year end. Note: Federal regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. Idaho Code 45-610 provides that employment records must be maintained for at least three years after the employee's last date of service. • Employee Travel Records: Records documenting requests, authorizations, reimbursements, and other actions related to employee travel, including expense reports and receipts, vouchers and related documents. Information typically includes: estimated and final cost, destination, method of transportation, travel dates, approval signatures, etc. City of Meridian Records Retention Schedule Page 14 of 72 Temporary: Keep five years after fiscal year end. Note: Federal regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. IDAPA 09.01.35.081 provides that payroll, personnel, benefits, and employee travel reimbursement records must be kept for at least 3 years after the calendar year in which remuneration was due. • Federal & State Tax Records: Records, in addition to those itemized in this section, used to report the collection, distribution, deposit, and transmittal of federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), request for taxpayer identification number and certificate (W-9), employers' quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. (SEE ALSO Wage & Tax Statements and Withholding Allowance Certificates in this section for related records.) Semipermanent: Keep five years after fiscal year end. Note: Federal regulations (26 CFR 31.6001-1; 29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. • Financial Reports: Reports documenting the financial condition and operation of the city, issued on a monthly, quarterly, annual or other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. Permanent: Keep fiscal year-end financial reports and quarterly published treasurer's reports permanently. Semipermanent: Keep all other reports five years after fiscal year end. Note: Idaho Code 50-907(1)(d) requires fiscal year-end financial reports to be kept permanently. Idaho Code 50-907(2)(a) provides that other financial reports must be kept at least five years. City of Meridian Records Retention Schedule Page 15 of 72 ~ ~ • Garnishment Records: Records documenting requests and court orders to withhold wages from employee earnings for garnishments, tax levies, support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Semipermanent: Keep five years after resolution. Note: Federal regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. General Ledgers: Records documenting the summary of accounts reflecting the financial position of the city, showing debit, credit and balance amounts per account, budget, fund and department, and totals for notes receivable, interest income, amounts due from other funds, federal grants received, bank loans received, cash in escrow, deferred loans received, cash, encumbrances, revenue, accounts receivable, accounts payable, etc. Semipermanent: Keep year-end ledgers 10 years after fiscal year end. Keep all other general ledgers five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Gift & Contribution Records: Records documenting gifts and contributions to the city, including donor and acknowledgment letters, acquisition lists itemizing purchases made with contributed money, checks, receipts and related records. Temporary: Keep three years after completion of the terms of the gift/contribution, unless otherwise specifically provided. • Grant Records: Records documenting the application, evaluation, awarding, administration, reporting and status of grants applied for, received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Permanent: Keep final reports from significant grants permanently. Semipermanent: Keep records documenting the purchase and/or disposal of real property 10 years after substantial completion or as specified in the agreement, whichever is longer. Keep other grant records five years or as specified in the agreement, whichever is longer. City of Meridian Records Retention Schedule Page 16 of 72 u Temporary: Keep unsuccessful grant applications three years. • Interdepartmental Billings: These are accounting documents that request the transfer of funds between departments for services rendered or materials purchased. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Investment Records: Reports, statements, summaries, correspondence and other records documenting and tracking investments made by the city, including the Local Government Investment Pool. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Leave Applications: Applications or requests submitted by city employees for sick, vacation, compensatory, personal business, family and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. (SEE ALSO Employee Time Records in this section.) Temporary: Keep three years. • Leave Balance Reports: Reports documenting individual city employee accrual and use of sick, vacation, compensatory, personal business, family and medical leave, and other leave time. Information usually includes: employee name and social security number, leave beginning balance, leave time accrued, leave time used, ending balance, and related data. (SEE ALSO Employee Benefits Records in the Personnel section.) Semipermanent: Keep year-end leave balance reports 10 years after employee separation. Keep all other records five years after fiscal year end. Note: Federal regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. • Local Improvement Districts: Records documenting the formation of a local improvement district and levying of special assessments, including: ordinance, published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. City of Meridian Records Retention Schedule Page 17 of 72 l' ~_J Permanent: Ordinances, assessment rolls and payment records (if kept separately from the roll itself) are permanent. Semipermanent: Keep other records five years after the local improvement district is closed and all bonds are paid off. • Payroll Administrative Reports: Reports, statistical studies, and other records designed and used for budget preparation, projections, workload and personnel management, and research and general reference. Often consists of recapitulation reports organizing wages, deductions, and other data into categories such as quarter- to-date, year-to-date, fiscal year-to-date, department, division, section, employee/employer contributions, and others. Temporary: Keep three years after fiscal year end. • Payroll Registers: Registers or records serving the same function of documenting the earnings, voluntary and required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Semipermanent: Keep year-end (or month-end, if year-end registers not used) 7 years after fiscal year end. Keep all other payroll registers five years after fiscal year end. Note: Federal regulations (26 CFR 31.6001-1; 29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. Idaho Code 45-610 provides that employment records must be maintained for at least three years after the employee's last date of service. IDAPA 09.01.35.081 provides that payroll, personnel, benefits, and employee travel reimbursement records must be kept for at least 3 years after the calendar year in which remuneration was due. • PERSI Records: Records relating to PERSI, including Employer Remittance Forms, invoices, correspondence, financial adjustments, etc. City of Meridian Records Retention Schedule Page 18 of 72 ~ ~ Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. Receipts: Copies of receipts, showing the date, from whom received, amount, purpose, etc. Semipermanent: Keep five years after fiscal year end. Note: IRS regulations (29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. Note: Idaho Code 50-907(2)(a) provides that cash receipts subject to audit must be kept at least two years. • Sales & Use Tag Forms: Used to report and remit sales tax collected and due to the state. Semipermanent: Keep five years after fiscal year end. • Signature Authorization Records: Records documenting authorization of designated employees to sign fiscal and contractual documents. Semipermanent: Keep six years after authorization superseded or expired. • Subsidiary Ledgers, Journals & Registers: Records documenting details of transactions such as those related to receipts and expenditures on a daily, monthly, quarterly or similar basis. Includes journals, ledgers, registers, daybooks and other account books that provide backup documentation for the general ledger. Semipermanent: Keep year-end payroll register 75 years after fiscal year end. Keep all other records five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Unemployment Compensation Claim Records: Records documenting claims submitted by former city employees for unemployment compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. Temporary: Keep three years. City of Meridian Records Retention Schedule Page 19 of 72 • Unemployment Reports: Records documenting employee earnings on a quarterly basis. Used to document costs and charges in the event of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings, days worked, totals, and other data. Temporary: Keep three years. • Utility Account Change Records: Records documenting routine information changes to customer accounts, including name and address. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Utility Application/Disconnect Records: Applications completed by customers requesting or disconnecting water, sewer, power, garbage or other city-provided services. Information typically includes: customer's name, address, phone number, meter information, date and approval signatures. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Utility Bill Remittance Stubs: Bill stubs received with payments for water, sewer, power, garbage and other city-provided services that document receipt and posting of customer payments. Information typically includes: account number, name, service address, payment received, and receipt date and number. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Utility Billing Adjustment Records: Records documenting adjustments to customer water, sewer, power, garbage or other city-provided service billings for debits, credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. City of Meridian Records Retention Schedule Page 20 of 72 ~ ~ • Utility Billing Register: Records documenting transactions on the water, sewer, power, garbage or other city-provided service account of each customer. Useful for reference to assure accurate customer billings. Information often includes: customer's name, service address, meter reading, water or power usage, utility charges, payments, adjustments, prior balance due, current balance due and related data. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Utility Customer Security Deposit Records: Records documenting customer payment of a security deposit to receive water, sewer, power, garbage or other services. Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit confiscated, reason for confiscation, and related information. Semipermanent: Keep five years after refund or last action. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Utility Meter Books: Document the readings of customer water/power meters by city employees for billing purposes. Information typically includes: name of meter reader, meter reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. Semipermanent: Keep five years after fiscal year end. Note: Idaho Code 50-907(2)(a) provides that these records must be kept at least five years. • Vendor Lists: Lists of vendors providing goods and services to the city. Transitory: Keep until superseded or obsolete. Wage & Taz Statements: Annual statements documenting individual employee earnings and withholdings for state and federal income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. (SEE ALSO Federal & State Tax Records in this section.) City of Meridian Records Retention Schedule Page 21 of 72 ~ ~ Semipermanent: Keep five years. Note: Federal regulations (26 CFR 31.6001-1; 29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. • Withholding Allowance Certificates: Certificates documenting the exemption status of individual city employees, also known as W-4 forms. Information includes: employee name and address, social security number, designation of exemption status, and signature. (SEE ALSO Federal & State Tax Records in this section.) Semipermanent: Keep five years after employee separation. Note: Federal regulations (26 CFR 31.6001-1; 29 CFR 516.5; and 29 CFR 516.6) require retention of these records for at least four years. City of Meridian Records Retention Schedule Page 22 of 72 ~ ~ Building, Planning & Zoning Records • Annexation Records: Document the annexation of new land into the city. Records may include: application, annexation agreement, notices of hearing, staff report, recommendations of the planning and zoning commission, maps, etc. Permanent. • Area of Impact Records: Document the negotiation and adoption of area of impact agreements and ordinances with the county, including: public notices, correspondence, notices of hearing, recommendations from the planning and zoning commission, maps, "committee of nine" proceedings, etc. Permanent. • Building Activity Records: Reports or statistical compilations tracking building activity on a monthly or annual basis, used to plan budgets and staffing and monitor growth and building trends. Typically tracks number of permits issued, type of activity, value of projects, fees collected, etc. Permanent: Keep reports summarizing activity on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Building Codes: Codes that maybe adopted by local ordinance, including: the International Building Code, International Residential Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code, Uniform Plumbing Code, National Electrical Code, International Fire Code, etc. Permanent. • Building Inspection Reports & Working Papers: Records documenting inspections to ensure compliance with the city's adopted codes, including inspection reports, logs, requests for inspections, correspondence, etc. Semipermanent: Keep for the life of the structure. • Building Permit Applications & Review: Applications for construction, structural modifications, installation of plumbing, electrical or mechanical equipment, etc. Permanent. City of Meridian Records Retention Schedule Page 23 of 72 • • Building Permits: Permits granted to property owners for construction, structural modifications, installation of plumbing, electrical or mechanical equipment, etc. Permanent: Keep building permits for completed structures permanently. Semipermanent: Keep revoked or expired building permits two years after revocation expiration. • Building Plans & Specifications: Blueprints and other graphic illustrations of designs submitted by contractors for the construction, reconstruction or alteration of buildings. These plans and accompanying specifications are submitted to ensure compliance with building codes, setbacks and other regulations. Documents include: site plan, scale of floor plan, elevation plan, electrical plan, typical wall section and foundation, and specifications. Permanent: Keep plans and specifications for publicly-owned and commercial structures permanently. Temporary: Keep plans and specifications for residences two years after issuance of certificate of occupancy. Note: Idaho Code 50-907(1)(c) requires building plans and specifications for commercial projects and government buildings to be kept permanently. Idaho Code 50-907(2)(c) requires building applications for commercial projects and government buildings to be kept for at least five years. Idaho Code 50-907(3)(a) requires building applications, plans and specifications for noncommercial and nongovernment projects to be kept at least two years after final inspection and approval. • Certificates of Occupancy: Certification that a building complies with city codes and is safe for occupancy. Information may include: type of building, building permit number, type of construction, owner of building, address, contractor name, date built and certified in compliance with code. Includes requests for temporary occupancy. Permanent. • Code Enforcement: Case files on city code violations including: correspondence with owners, site inspections, photographs, enforcement actions, and hearings. Permanent. • Comprehensive Plan: The plan used to guide the long-term growth and development of a city. Records typically include: the plan document, periodic updates, citizen City of Meridian Records Retention Schedule Page 24 of 72 • surveys and participation information, notices of hearing, maps, photographs, staff reports, recommendations from the planning and zoning commission, etc. Permanent. • Conditional Use Permits: Permits allowing construction of buildings in specific areas when impacts to neighbors are mitigated. Documents typically include: application, blueprint drawings, notices of hearing, staff report, planning and zoning commission recommendations/decision, and related correspondence. Permanent: Keep application and decision documents permanently. Semipermanent: Keep other records 10 years after expiration, revocation or discontinuance of use. • Correction Notices: Notices to contractor/builder to correct defects noted during the inspection process. Permanent. • Design Review Records: Records related to design review overlay districts, including: applications, staff reports, committee recommendations, maps, photographs, and other records. Permanent: Keep application and decision documents permanently. Semipermanent: Keep other records 10 years after approval or denial. • Development Agreements: Records documenting formation, modification and termination of development agreements, in which the city requires the developer to make a written commitment concerning use or development of the subject parcel as a condition of rezoning. The agreements are recorded and binding on subsequent property owners. Permanent. Flood Plain Permit Records: Permits issued for construction within a flood plain zone. Records also may include: elevation certificates, applications, review records, checklists, and other documents. Semipermanent: Keep permits and elevation certificates 10 years after the life of the structure or until area is determined not to be a flood plain, whichever is longer. Keep other records 10 years. City of Meridian Records Retention Schedule Page 25 of 72 • • Future Acquisitions Map: Records relating to the future acquisitions map, which identifies land proposed for acquisition for infrastructure and services over the next 20 years. Permanent. • Historic District Records: Records relating to historic district overlay zones, including: applications, staff reports, committee recommendations, maps, photographs, list of historic structures and other records. Permanent. • Land Use Hearing Recordings & Ezhibits: Includes maps, plans, drawings, and other exhibits prepared for land use hearings and audio recordings of land use hearings before the planning and zoning commission and city council. Permanent: Keep land use exhibits referenced in minutes permanently. Semipermanent: Keep exhibits not referenced in minutes five years. Transitory: Keep audio recordings one year after the date of the hearing, unless a longer period is required due to litigation. Note: Idaho Code 67-6536 requires that audio recordings of planning and zoning hearings (transcribable verbatim record) be kept at least six months after the final decision. Nonconforming Use Records: Records pertaining to uses that are "grandfathered" in when zoning regulations change for a particular property. Changes or expansions of nonconforming uses may require city approval. Records may include: site plan, verification of original and current use, nonconforming use certificate, and records regarding changes or expansion of the nonconforming use. Permanent. • Plan Review Reports: Reports indicating compliance with adopted building codes, planning and zoning ordinances, and other city requirements. Permanent: Keep plan review reports for commercial buildings permanently. Semipermanent: Keep plan review reports for residential buildings five years after issuance of certificate of occupancy. • Planned Unit Development Records: PUDs allow for flexibility in subdivision and zoning regulations with greater amenities provided by the developer. These records City of Meridian Records Retention Schedule Page 26 of 72 include: application, maps, diagrams, site plans, notices of hearing, staff report, recommendation/decision bythe planning and zoning commission, correspondence, etc. Permanent: Keep application and decision documents permanently. Semipermanent: Keep other records 10 years after approval or denial. • Planning Studies: Reports completed in-house or by outside consultants on specific planning issues, including transportation plans, affordable housing plans, etc. Permanent. • Rezoning Records: Document applications for rezoning property within the city, including: application, review forms, maps of areas involved, notices of hearing, staff report, recommendation of the planning and zoning commission, written decision by the council, appeals, correspondence, etc. Permanent: Keep application and decision documents permanently. Semipermanent: Keep other records 10 years after approval or denial. • Sign Review Case Files: Applications and related records for sign permits, including: approvals, photographs or renderings of proposed signs, etc. Semipermanent: Keep for the life of the structure. • Subdivision Records: Document the preliminary and final plat stages of subdivision approval, including: application, maps, diagrams, site plans, staff report, recommendation by planning and zoning commission, written decision by the council, correspondence, appeals, etc. Includes administrative lot split or "short plat" applications involving less than five lots. Permanent: Keep records relating to approved subdivisions permanently. Semipermanent: Keep records relating to denied, expired or revoked applications 10 years after denial, expiration or revocation. Variance Records: Document variance applications for relief from a quantifiable zoning standard (such as setback, lot size, etc.). Records include: application, staff recommendation, recommendation/decision by planning and zoning commission and council, correspondence, etc. Semipermanent: Keep 10 years after the life of the structure. City of Meridian Records Retention Schedule Page 27 of 72 • Zoning Ordinance Interpretations: Records providing interpretations of city ordinances by the planning director. Permanent. Zoning Maps: Show zoning boundaries in the city, with streets, property lines, and zoning classifications. Permanent. City of Meridian Records Retention Schedule Page 28 of 72 ~ ~ Election Records • Ballots: Includes voted ballots, unused ballots, absentee ballots, spoiled ballots, and ballot stubs. Temporary: Keep two years. Note: Idaho Code 50-907(3)(c) requires ballots to be kept at least two years. Campaign Finance Reports: Reports showing contributions and expenditures in city campaigns by mayor/council candidates, political committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Permanent. Note: Idaho Code 50-907(1)(g) requires campaign finance reports be kept permanently. Candidate Declarations & Petitions: Includes declarations of candidacy and intent for candidates for city elective office. Declarations of candidacy are filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Permanent. Note: Idaho Code 50-907(1)(g) requires candidate declarations and petitions be kept permanently. • Election Working Files: Includes the following records: absentee voting, polling places, judges and clerks, challengers and watchers, voting machines and vote tally systems, correspondence, and other records not specifically listed in this schedule. Semipermanent: Keep five years. • Notices of Election & Sample Ballots: Includes the first and second notice of election and sample ballot, which are published in the official newspaper. Permanent. City of Meridian Records Retention Schedule Page 29 of 72 Note: Idaho Code 50-907(1)(g) requires notices of election and sample ballots to be kept permanently. • Petitions: Petitions for initiative, referendum, recall, liquor by the drink, & other elections. Permanent. • Poll Books: Books showing the name, address and signature of those voting in city elections. Permanent: Keep one poll book from each precinct permanently. Temporary: Duplicate copies of poll book maybe destroyed after two years. Note: Idaho Code 50-907(1)(g) provides that one poll book from each precinct must be kept permanently. Idaho Code 50-907(3)(c) provides that duplicate poll books must be kept at least two years. • Tally Books: The book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. Permanent. Note: Idaho Code 50-907(1)(g) provides that tally books must be kept permanently. City of Meridian Records Retention Schedule Page 30 of 72 Emergency Communications • Activity Reports: Daily, weekly, monthly or other reports documenting the activities of employees, including: type of activity, employees involved, time spent on activity, work completed, equipment used, etc. Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Briefmg Records: Records documenting internal communication between supervisors and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include, but are not limited to: briefing logs, teletype messages, and bulletins from other agencies. Transitory: Keep until administrative needs end. • Master Street Address Guide Maintenance Forms: Records document the city's notification to the phone service provider about the addition of new streets or revision to existing streets on the Master Street Address Guide (MSAG). The MSAG is maintained by the phone service provider or its independent contractor. Information may include, but is not limited to: new or updated address, customer, and responder information. Transitory: Keep until superseded. • Master 24-Hour Audio Tapes: Document recorded incoming emergency and non- emergency calls; law enforcement, fire and emergency medical services dispatches; radio activity; and 911 calls. Tapes are maintained on a 24-hour basis. Transitory: Keep tapes not needed for investigations, litigation, etc. six months. • Premise Information Records: Records documenting information about specific premises or locations that emergency responders need to know in advance of arrival at an incident site. Information may include, but is not limited to: hazardous materials storage locations, building plans submitted to the fire department, location of utility shut-offs, and related information. Temporary: Keep two years, or until renewed, superseded or expired, whichever is longer. City of Meridian Records Retention Schedule Page 31 of 72 Fire & Emergency Medical Services Records • Activity Reports: Individual, shift, project or other activity reports or logs filed on a daily, weekly, monthly or similar basis. Useful for reference, performance monitoring, compiling annual reports, planning and budgeting, and briefing subsequent shifts. Information typically includes: name, shift, date, description of activities, and various statistical categories for tracking responses, such as training, public outreach, inspections, maintenance and other work. Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Burn Permits: Applications and other documents relating to permits issued for open air burning within the city. Information may include: name, phone number, address, amount and location of burn, fire protection equipment and conditions required, date and signatures of permittee and issuing officer. Temporary: Keep two years. • Certification Records: Applications, supporting materials and certifications from the Idaho Department of Health and Welfare for certification of: First Responders, EMTs, paramedics, Firefighters 1, 2, and 3, Fire Inspector, Car Seat Technicians, and blood pressure takers. Semipermanent: Keep five years or until employee separation, whichever is longer. • Emergency Medical Equipment Maintenance Records: Records used to verify regular maintenance of emergency medical equipment. Includes: copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Temporary: Keep one year after equipment is replaced. • False Alarm Record: Monthly and annual lists of false alarms by street address. Semipermanent: Keep five years. • Fire & Security Alarm System Records: Records documenting the city fire department role in issuing permits, testing and maintaining fire and security alarms that connect to a city alarm system. May include permits, applications, malfunction City of Meridian Records Retention Schedule Page 32 of 72 reports, maintenance reports, and related documents. Permit information often includes name and address of property owner, name and address of company installing the system, permit number, alarm location, and date. Maintenance information often includes date, malfunction (if any), tests conducted, corrective actions taken, location of alarm, and related data. Permanent: Keep permit records for the life of the structure. • Fire Investigation Records: Arson investigation case files, including investigative reports; witness statements; photographs; maps; correspondence; notes; video and cassette tape recordings; copies of property releases; laboratory reports; and incident, injury and police department general reports. Semipermanent: Keep 10 years. • Juvenile Fire Setter Evaulations: Investigation case files, including investigative reports; witness statements; photographs; maps; correspondence; notes; video and cassette tape recordings; copies of property releases; laboratory reports; and incident, injury and police department general reports as applies to the investigation of a juvenile fire setter. Permanent. Hose & Pump Test Reports: Document that fire hoses and pumping equipment are in good working condition. Includes: test date, date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc. Temporary: Keep one year after hose/equipment is replaced. House Burns Training File: Record of house burns for training, results and evacuations. Includes documentation of environmental mitigation results prior to burning. Semipermanent: Keep 10 years. • Hazardous Materials Records: Inspection records of underground and above ground fuel storage tanks. Reports and investigations results of incidents including spills and leaks, etc. Permanent. • Incident Reports: Uniform Fire Incident Reports. Made for each fire run, medical emergency, or casualty. Returned monthly to State Fire Marshal. Information includes: date, run number, location of fire, owner's name and address, property City of Meridian Records Retention Schedule Page 33 of 72 ~~ damage, loss estimate and other data. Also includes the Civilian & Fire Service Casualty Reports, EMS Report, HazMat Report, etc. Semipermanent: Keep arson-related records ten years. Keep all other records five years, Inspection & Occupancy Records: Documents relating to fire code inspections performed by the city fire department. Inspection records may include: reports, notices, citations, and related documents. Information typically includes: occupant name, location, contact person, violations found, inspector's name, number of days to correct violations, comments, etc. Also may include occupancy and pre-fire planning records such as: floor plans, sketches, reports, lists and related documents. Permanent. Keep for the life of the structure. • Maps: Maps and related records maintained by the city fire department for address location, reference and for tracking various trends, such as fire frequency and location, arson fires, etc. Includes lists, books and other methods of address location. Transitory: Keep until superseded or obsolete. • Mutual Aid Agreements: Agreements for cooperative fire fighting policy and procedures (includes EMS). Permanent. Public Education Programs & Publications: Records related to the design and implementation of educational and other outreach programs provided to the public by the city fire department. Often includes: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, etc. Also includes publications on: CPR, electric wiring, fire prevention, fire safety for children, Christmas fire safety, car seat safety inspection programs, etc. Permanent: Keep annual reports summarizing activities permanently. Semipermanet: Keep car seat safety inspection records ten years. Temporary: Keep other records three years. City of Meridian Records Retention Schedule Page 34 of 72 • Information Systems Records Computer System Maintenance Records: These records document the maintenance of city computer systems and are used to ensure compliance with warranties and service contracts; schedule regular maintenance; diagnose system or component problems; and document system backups. Records may include, but are not limited to: computer equipment inventories, hardware performance reports, component maintenance records (invoices, warranties, maintenance logs, correspondence, maintenance reports, etc.), system backup reports and procedures, backup tape inventories, etc. (SEE ALSO Technical Manuals, Specifications & Warranties in the Administrative section). Temporary: Keep records related to system or component repair or service for the life of the system or component. Keep records related to regular or essential records backups one year after superseded or obsolete. • Computer System Program Documentation: Records documenting the development, installation, modification, troubleshooting, operation and removal of software from city computer systems; records required to plan, develop, operate, maintain and use electronic records; system specifications, file specifications, codebooks, record layouts, user guides and output specifications. (SEE ALSO Software Management Records in this section.) Temporary: Keep migration plans until superseded or obsolete. Keep other records one year after system superseded or obsolete. • Computer System Security Records: Records documenting the security of the city's computer systems, including: employee access requests, passwords, access authorizations, and related documents. Temporary: Keep three years after superseded or obsolete. • Network Records: Records containing information on network circuits used by the city, including: circuit number, vendor, type of connection, terminal series, software, contact person and other relevant information. Also includes records used to implement a computer network, including; reports, network diagrams, and wiring schematics. Transitory: Keep until superseded or obsolete. • Information Service Subscription Records: Records documenting city subscriptions to information services, including: subscriptions, invoices, and correspondence. City of Meridian Records Retention Schedule Page 35 of 72 • • Temporary: Keep two years. Information System Planning & Development Records: Records documenting the planning and development of city information systems, including: information technology plans, feasibility studies, cost-benefit analyses, institution studies and surveys, information management project records, system specifications and revisions, software evaluations, component proposals, technical literature, vendor literature and proposals and correspondence. Semipermanent: Keep information relating to implemented systems for the life of the system. Temporary: Keep information relating to unimplemented systems three years. • Quality Assurance Records: Records verifying the quality of system, hardware or software operations including records of errors or failures and the loss of data resulting from such failures, documentation of abnormal termination and of error free processing, checks of changes put into production, transaction histories and other records needed as an audit trail to evaluate data accuracy. Transitory: Keep until superseded or obsolete. • Software Management Records: Records documenting the use of software in city information systems to ensure that institution software packages are compatible, that license and copyright provisions are complied with and that upgrades are obtained in a timely manner. Records may include, but are not limited to: software purchase records, inventories, licenses and correspondence. Temporary: Keep two years after software disposed of or upgraded. • User Support Records: Records documenting troubleshooting and problem-solving assistance provided by information systems personnel to users of the systems. Records may include: assistance requests, resolution records, and related documentation. Transitory: Keep one year. City of Meridian Records Retention Schedule Page 36 of 72 Insurance, Risk Management & Safety Records • City Vehicle Accident Records: Records documenting accidents involving city vehicles, including: name and address of parties involved, date and time, complaint, description of damage, photographs, correspondence, etc. (SEE ALSO Liability Claims Records in this section.) Temporary: If no claim is filed, keep three years. Contractor Liability Insurance Verification Records: Letters or certificates of coverage provided by insurance companies declaring that specific contractors are covered by appropriate liability insurance. Records include: insurance company name and address, issue date, expiration date, amount and type of coverage, special provisions, signature of insurance company representative, etc. Semipermanent: For city public works projects keep 10 years after substantial completion. Keep all other records six years after expiration. • Contractor Performance Bond Records: Records documenting the posting of performance guarantees or surety bonds by contractors performing work for the city, including letters, certificates, copies of bonds, etc. Information usually includes: name of individual or company covered, amount of coverage, effective dates, name of bonding agent, authorized signatures, etc. Semipermanent: For city public works projects keep 10 years after substantial completion. Keep all other bond records six years after expiration. • Insurance Policy Records: Records documenting the terms and conditions of city insurance policies covering liability, property, group employee health and life, motor vehicle, workers' compensation, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. Permanent: Keep group employee health and life, property and liability insurance policies permanently. Semipermanent: Keep other insurance records six years after expiration if no claims pending. Liability Claims Records: Records documenting various types of liability claims filed against the city, including: personal injury, property damage, motor vehicle accident, false arrest, etc. Records often include: reports, photographs, summaries, reviews, notices, audio and videotapes, transcripts of recorded statements, correspondence and related documents. Semipermanent: Keep 10 years after case closed or dismissed. City of Meridian Records Retention Schedule Page 37 of 72 • • Liability Waiver Records: Document the release of the city from liability related to various activities, including: police/fire ride-alongs, rekindling fires, participating in city-sponsored recreational events or classes, etc. Information usually includes: release terms, date, signatures, and related information. Semipermanent: Keep six years. Property Damage Records: Records, photographs, and other records documenting damage to city property such as signs, trees, picnic tables, buildings, fountains, and fences. Information often includes: type and location of property damaged, description of damage, date and time of damage (if known), name and address of individual causing the damage (if known), value of damage, billing costs, etc. (SEE ALSO Liability Claims Records in this section.) Temporary: If no claim is filed, keep three years. Public Injury Reports: Records documenting injuries sustained bynon-employees on city property (i.e. parks, swimming pools, libraries, etc.). Information usually includes: date, time, and location; description of injury; name, address, phone number, sex and age; witnesses and other related information. (SEE ALSO Liability Claims Records in this section.) Temporary: If no claim is filed, keep three years. • Risk Survey & Inspection Records: Records documenting surveys, inspections, and other actions designed to identify potential hazards and liabilities to the city related to buildings, parks, playgrounds, swimming pools, etc. Useful for preventing liability claims and for illustrating a pattern of responsible action regarding hazards. Records may include: survey summaries and reports, safety audit and inspection reports, correspondence, etc. Permanent: Keep records documenting the formation or change of policy permanently. Semipermanent: Keep other records five years. • Safety Program Records: Records documenting the city's program to promote a safe work environment for its employees. Records may include: safety policies, plans and procedures, workplace safety committee records, reports on inspections conducted by the safety officer, evacuation rosters and reports, and related documentation and correspondence. City of Meridian Records Retention Schedule Page 38 of 72 Semipermanent: Keep safety policies, plans and procedures five years after superseded. Keep inspection reports, evaluations, and recommendations ten years. Keep all other records five years. • Workers' Compensation Claim Records: Records documenting the processing of individual employee claims of job related injuries or illnesses, but not those describing actual medical conditions. Records may include: claim disposition notices, claim reporting and status forms, injury reports, determination orders, insurance premium data, hearing requests, safety citations, inspection reports, medical status updates and reports, investigation reports, reimbursement and payment records, and related correspondence and documentation. (SEE ALSO Employee Medical Records in the Personnel Records section for retention of records describing injuries and illnesses). Semipermanent: Keep five years after claim closed or final action. Note: Idaho Code 72-601 requires employers to keep records of work- related injuries and illnesses and provides that failure to keep these records is a misdemeanor. Idaho Code 72-603 requires employers to keep records of the job classifications and wages of employees. City of Meridian Records Retention Schedule Page 39 of 72 • Legal Records • Civil Case Files: Documentation of pending and closed cases filed by and against the city, including complaints, summons, investigations, reports, attorney's notes, orders and judgments, dispositions, pleadings, mediation information and related records. Semipermanent: Keep 10 years after case closed or dismissed, or date of last action. • Claim Files: These records contain claims for damages caused by city employees/equipment. Semipermanent: Keep 10 years, provided there is no pending litigation. • Criminal Case Files: Records related to the prosecution of criminal cases, including citations, police reports, driving records, tape recordings, complaints, subpoenas, motions, judgments, and related records. Semipermanent: Keep 10 years after case closed or dismissed, or date of last action. • Land Use Appeals: Records related to appeals of land use decisions, including staff reports, pleadings, briefs, and related records. Semipermanent: Keep 10 years after final decision or date of last action. • Legal Opinions: Formal and informal opinions rendered by the city attorney for the mayor, council or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Permanent. City of Meridian Records Retention Schedule Page 40 of 72 Parks & Recreation Records • Activity Reports: Daily, weekly, monthly or other reports documenting the activities of parks and recreation department employees, including: type of activity, employees/volunteers involved, time spent on activity, work completed, etc. Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. Chemical Application Records: Document the application of pesticides, herbicides and fertilizers to city parks, golf courses and other property. Information typically includes date used, weather conditions, application area, chemical applied, mix ratio, and coverage rate. Temporary: Keep three years. Note: IDAPA 02.03.03.150 requires professional pesticide and chemigation applicators to maintain records documenting each application for three years. • Delivery Tickets: Tickets issued by suppliers to verify delivery of supplies or materials (mulch, sand, bark, topsoil, etc.). Information usually includes date, time, amount and type of supplies received, and related data. Temporary: Keep two years. • Equipment Maintenance & Repair Records: Records documenting the inspection, maintenance, and repair of city-owned equipment, including: mowers, trailers, edgers, blowers, aerators, office equipment, and furniture. Information often includes: description of work completed, parts and supplies used, date of service, date of purchase, purchase price, equipment number, make and model, and related data. (SEE ALSO Capital Asset Records in the Administrative section). Temporary: Keep until equipment removed from service. • Facility & Equipment Rental/Loan Records: Records documenting rental or loan of city-owned facilities (e.g. parks, ball fields, etc.) or equipment (e.g. sports equipment, tools, gardening implements). Records often include: applications, calendars, lists, receipts, and related documents. Information typically includes: City of Meridian Records Retention Schedule Page 41 of 72 • name, address and phone number ofrenter/borrower; description of facility/equipment; date and time of reservation and signature. Temporary: Keep three years. • Park & Facility Inspection & Maintenance Records: Document periodic inspections, complaints, maintenance and repairs for parks, playgrounds, sidewalks, picnic tables, and other property, equipment and facilities. Semipermanent: Keep five years. • Park & Facility Use Permits: Permits issued to individuals or organizations for special uses of city parks and facilities. Examples include: fun runs, bicycle races, events with more than a specified number of participants, concerts, etc. Temporary: Keep two years after date of event, denial, or revocation of permit. • Recreation Program Files: Records relating to city recreation programs, including: fliers, class/activity rosters, participants, instructors, schedules, calendars, fees, advertisements, etc. Permanent: Keep annual reports summarizing activities permanently. Temporary: Keep other records three years. • Recreational Facility Files: Records used to maintain a record of construction and renovation projects for each facility (parks, golf courses, swimming pools, etc.). Records may include: correspondence, construction information, architectural drawings, contracts, specifications, news clippings, histories of facilities, safety reports, photographs and maps. Permanent. Registration Records: Registration records for city parks and recreation programs, classes and events. Information includes: participant's name, address, phone and signature of participant/guardian; program name and date(s); fee paid; etc. (SEE ALSO Liability Waiver Records in the Insurance, Risk Management & Safety Section.) Temporary: Keep three years. Sports Team Records: Document information relating to adultlyouth sports leagues, including team rosters, participant information, sponsors, game/tournament schedules, etc. City of Meridian Records Retention Schedule Page 42 of 72 • Temporary: Keep three years. Swimming Pool Operation & Maintenance Records: Records documenting the operation and maintenance of city swimming pools. Information typically includes: results of water quality tests, date and time of filter backwash, dates during which the pool was emptied and/or cleaned, inspections, and periods of recirculation equipment operation, malfunction and repair. May also include records documenting inspection and maintenance of safety equipment. Semipermanent: Keep five years. City of Meridian Records Retention Schedule Page 43 of 72 • Personnel Records Affirmative Action Records: Records documenting city compliance with the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972 and the Americans with Disabilities Act. Records include: plans, updates, policy statements, reports, investigations, case files, complaints and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Permanent: Keep plans, updates and policy statements permanently. Semipermanent: Keep EEO-4 reports and all other records five years. • Benefits Continuation Records: Records documenting notice to employees, spouses and dependents informing them of their rights to continue insurance coverage after termination or during disability or family leave and whether coverage was elected or rejected. Continuation may be under COBRA or another provision. Notice is also sent to a third party administrator who administers the extended coverage. Records maybe filed with the Employee Benefits Records or Employee Personnel Records. Semipermanent: Keep three years after employee separation or eligibility expired or five years, whichever is longer. Note: No retention period specified in 26 CFR Part 54. • Collective Bargaining Records: Records documenting negotiations between the city and employee representatives, including contracts, reports, negotiation notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Semipermanent: Keep contracts and minutes 75 years after contract expires. Keep other records six years after contract expires. Note: Federal regulations (29 CFR 516.5) requires certain employment contracts and collective bargaining agreements to be kept three years after their last effective date. Employee Benefits Records: Records relating to city employee benefit information such as: selection of insurance plans, retirement, pension and disability plans, deferred compensation plans, and other benefit information. Records may include, but are not limited to: plan selection and application forms, enrollment records, contribution and deduction summaries, personal data records, authorizations, beneficiary information, year-end leave balance reports, notices of disability payment made, and related documentation. Generally filed with Employee Personnel Records. City of Meridian Records Retention Schedule Page 44 of 72 Semipermanent: Keep year-end leave balance reports and official copy of retirement enrollment records 75 years after date of hire. Keep other records five years after employee separation or eligibility expired. Note: Numerous federal regulations provide retention periods for these records: 29 CFR 1627.3 (Age Discrimination) requires employee benefit plans such as pension and insurance plans to be kept for the full period the plan or system is in effect, and for at least one year after its termination. Payroll, recruitment and selection, personnel, and employee benefits records must also be kept at least one year from the date of the personnel action to which the records relate, with the exception of records required for an enforcement action, which must be kept until the action's final disposition. 29 CFR 1602.14 (Recordkeeping & Reporting Under Title VII & ADA) requires personnel, compensation and benefits records to be kept at least one year from the date of making the record or the personnel action involved, whichever is later, except in the case of involuntarily terminated employees, which must be kept at least one year from the date of termination. When a charge of discrimination or action is filed, records must be kept until final disposition of the case. Idaho Code 45-610 provides that employment records must be maintained for at least three years after the employee's last date of service. IDAPA 09.01.35.081 provides that payroll, personnel, benefits, and employee travel reimbursement records must be kept for at least 3 years after the calendar year in which remuneration was due. • Employee Medical Records: Document an individual employee's work-related medical history. These records are not personnel records and must be kept in a separate location from employee personnel records as required by the Americans with Disabilities Act. Records may include, but are not limited to: medical exam records (pre-employment, pre-assignment, periodic or episodic), X-rays, records of significant health or disability limitations related to job assignments, documentation ofwork-related injuries or illnesses, hearing test records, hazard exposure records, first-aid incident records, physician statements, release consent forms and related correspondence. City of Meridian Records Retention Schedule Page 45 of 72 ! • Semipermanent: Keep hazard exposure records 30 years after separation. Keep other records five years after separation or completion of litigation, whichever is longer. Note: Idaho Code 72-601 requires employers to keep records of work- related injuries and illnesses and provides that failure to keep these records is a misdemeanor. Employee Personnel Records: Document an employee's work history. Records may include, but are not limited to: employment applications, notices of appointment, training and certification records, records of health limitations, drug testing, salary schedules, personnel actions, performance evaluations, awards and other special recognition, letters of recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and related correspondence and documentation. (SEE ALSO Employee Benefits Records, Employee Medical Records, Recruitment & Selection Records, and Volunteer Worker Records in this section.) Semipermanent: Keep ten years after separation. Note: Numerous regulations provide retention periods for these records: 29 CFR 1602.14 (Recordkeeping & Reporting Under Title VII & ADA) requires personnel, compensation and benefits records to be kept at least one year from the date of making the record or the personnel action involved, whichever is later, except in the case of involuntarily terminated employees, which must be kept at least one year from the date of termination. When a charge of discrimination or action is filed, records must be kept until final disposition of the case. 29 CFR 1602.31 (Recordkeeping & Reporting for Civil Rights Act & Americans with Disabilities Act) requires these records be kept at least two years from the date of the making of the record or the personnel action involved, whichever occurs later. Where a charge of discrimination has been filed, or an action brought by the Attorney General against a political jurisdiction under title VII or the ADA, the city is required to preserve all personnel records relevant to the charge/action until final disposition of the charge/action. 29 CFR 1620.32 (Equal Pay Act) requires personnel, recruitment and selection records, payroll and collective bargaining/contract records to be kept at least two years. City of Meridian Records Retention Schedule Page 46 of 72 ~~ 49 CFR 382.401 (Drug Testing for Holders of Commercial Driver's Licenses) provides various retention requirements for drug testing records. Idaho Code 45-610 provides that employment records must be maintained for at least three years after the employee's last date of service. IDAPA 09.01.35.081 provides that payroll, personnel, benefits, and employee travel reimbursement records must be kept for at least 3 years after the calendar year in which remuneration was due. Employment Eligibility Verification Forms (I-9): Document to the U.S. Immigration and Naturalization Service that an applicant or employee is eligible to work in the United States. Information includes: employee information and verification data such as citizenship or alien status and signature, and employer review and verification data such as documents, which establish identity and eligibility, and employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as well as superseded or previous forms completed on rehires. Semipermanent: Keep five years after separation. Note: Federal regulations (8 CFR 274a.2) require these records be kept three years after the date of hiring or one year after the individual's employment is terminated, whichever is later. • Hazard Ezposure Records: Emergency response employees exhibiting signs or symptoms possibly resulting from exposure to hazardous substances are required to be provided medical examination and consultation. Records include: employee's name and social security number; physician's written opinion, recommended limitations; results of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to the physician and other information. (SEE ALSO Employee Medical Records in this section.) Semipermanent: Keep 30 years after separation. • Photo Identification Records: Photographs and other records used to identify city employees, private security personnel, contract workers and others. May include photographs taken for city identification cards, driver's license photographs, and City of Meridian Records Retention Schedule Page 47 of 72 i information such as name, date of birth, physical description, identification number, driver's license number, and other data. Transitory: Keep until superseded, obsolete or administrative needs end. • Position Description, Classification & Compensation Records: Records documenting the description, classification and compensation of city jobs and positions. Usually includes details of duties and responsibilities of each position, time percentage breakdowns of tasks, skills and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Records often include: reports, position descriptions, position evaluations, salary & benefits studies, job analyses, interview data, selection criteria, authorizations, agreements and related records. Temporary: Keep three years after superseded, obsolete or administrative needs end. Note: 29 CFR 1602.31 (Recordkeeping & Reporting for Civil Rights Act & Americans with Disabilities Act) requires these records be kept at least two years from the date of the making of the record or the personnel action involved, whichever occurs later. Where a charge of discrimination has been filed, or an action brought by the Attorney General against a political jurisdiction under title VII or the ADA, the city is required to preserve all personnel records relevant to the charge/action until final disposition of the charge/action. 29 CFR 1620.32 (Equal Pay Act) requires personnel, recruitment and selection records, payroll and collective bargaining/contract records to be kept at least two years. 29 CFR 1627.3 (Age Discrimination) requires payroll, recruitment and selection, personnel, and employee benefits records to be kept at least one year from the date of the personnel action to which the records relate, with the exception of records required for an enforcement action, which must be kept until the action's final disposition. Recruitment & Selection Records: Document the recruitment and selection of city employees, and contracted service providers such as attorneys, auditors, consultants, etc. Records may include, but are not limited to: job announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, classification specifications, affirmative action records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil City of Meridian Records Retention Schedule Page 48 of 72 C • service records, position authorization forms, certification of eligibles, recruitment summary records (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. (SEE ALSO Employee Personnel Records and Employment Eligibility Verification Forms (I-9) in this section.) Semipermanent: Keep announcement records, position description, and test and rating records 10 years. Keep unsuccessful applications and all other records five years after position filled or recruitment canceled. Note: 29 CFR 1602.14 (Recordkeeping & Reporting Under Title VII & ADA) requires recruitment and selection, personnel, compensation and benefits records to be kept at least one year from the date of making the record or the personnel action involved, whichever is later, except in the case of involuntarily terminated employees, which must be kept at least one year from the date of termination. When a charge of discrimination or action is filed, records must be kept until final disposition of the case. 29 CFR 1602.31 (Recordkeeping & Reporting for Civil Rights Act & Americans with Disabilities Act) requires these records be kept at least two years from the date of the making of the record or the personnel action involved, whichever occurs later. Where a charge of discrimination has been filed, or an action brought by the Attorney General against a political jurisdiction under title VII or the ADA, the city is required to preserve all personnel records relevant to the charge/action until final disposition of the charge/action. 29 CFR 1620.32 (Equal Pay Act) requires personnel, recruitment and selection records, payroll and collective bargaining/contract records to be kept at least two years. 29 CFR 1627.3 (Age Discrimination) requires payroll, recruitment and selection, personnel, and employee benefits records to be kept at least one year from the date of the personnel action to which the records relate, with the exception of records required for an enforcement action, which must be kept until the action's final disposition. • Training Program Records: Records related to the design and implementation of training programs provided to employees by the city. May include class descriptions, instructor certifications, planning documentation, instructional materials, course City of Meridian Records Retention Schedule Page 49 of 72 • L' outlines, class enrollment and attendance records, and related records. (SEE ALSO Employee Personnel Records for training records related to individual employees.) Semipermanent: Keep significant program records five years. Temporary: Keep class enrollment and attendance records two years. Transitory: Keep all other records one year. Volunteer Program Records: Records documenting the activities and administration of volunteer programs in the city. May include volunteer hours statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. For records related to individual volunteers, see Volunteer Worker Records in this section. Semipermanent: Keep five years. • Volunteer Worker Records: Records documenting work performed for the city by citizens without compensation for their services. May include agreements, applications, skills test results, training documentation, task assignment and monitoring records, etc. Semipermanent: Keep five years after separation. City of Meridian Records Retention Schedule Page 50 of 72 • Police & Law Enforcement Records • Accident Reports: Document traffic accidents investigated by the police department. These reports typically include complete information on all cars and drivers involved in the accident, accident location, damage, cause of accident, date and time, accident diagram, description and weather conditions. Permanent: Documented in Department Report, a permanent record. • Activity Reports: Individual officer, shift, and other activity reports usually filed on a daily, weekly, or monthly basis. Useful for reference, performance monitoring, compiling annual reports, planning and budgeting, and for briefing subsequent shifts or activities. Applies to various duties, including dispatch, investigations, and patrol. Information usually includes: name, shift, date, activities, and various statistical categories for tracking the number of arrests, phone calls, mileage, etc. Also includes monthly and annual law enforcement or uniform crime reports summarizing statistics on criminal activity and office operations. Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Animal Control Records: Records documenting animal control activities, often including: reports, logs, lists, cards, receipts, and related records. Subjects may include: lost and found animals, animals running at-large, dog bite reports, animals turned over to county animal control programs or humane society programs, etc. Permanent: Documented in Department Report, a permanent record. • Bulletins from Other Agencies: Records including bulletins, circulars, and related records received from federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Temporary: Keep records relied upon for police action three years. Transitory: Keep all other records until superseded, obsolete or administrative needs end. City of Meridian Records Retention Schedule Page 51 of 72 • • • Civil Enforcement Case Files: Records relating to actions taken on a specific civil case. Information may include: attempts at service, actual service information, and documentation of enforcement actions taken under the provisions of the order. Temporary: Keep three years after action completed. • Community Service Programs: Records relating to police community service programs, including: DARE, Neighborhood Watch, youth activities, etc. Records may include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Permanent: Keep annual reports summarizing activities permanently. Temporary: Keep other records three years. • Crime Analysis Files: Records documenting police efforts to anticipate, prevent, or monitor criminal activity. May include reports, statistical summaries, photographs, audio/videotape, etc. Subjects often include: crime patterns or modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, alerts from other agencies, etc. Permanent: Keep records relating to homicides permanently. Semipermanent: Keep records relating to major investigations 10 years after case closed. Transitory: Keep all other records until superseded, obsolete or administrative needs end. Crime Prevention Security Survey Records: Records documenting citizen- requested officer surveys of homes and businesses and subsequent recommendations for improving security. Information usually includes: areas vulnerable to break-ins, blocked exits, landscaping that can hide crime, etc. Information is typically compiled in a report that is sent to the property owner/renter. Temporary: Keep three years. • Crime Prevention Vacation House Inspection Records: Records documenting inspection of homes and other properties while the occupants are away. Information typically includes: name, address, date received, vacation beginning and ending dates, emergency contact information, special conditions, dates and times officers checked the house or property, etc. Temporary: Keep three years. City of Meridian Records Retention Schedule Page 52 of 72 • • Equipment Issued Records: These records document equipment issued to police department personnel, including: handcuffs, keys, uniforms, badges, bulletproof vests, and weapons (specifying the make, model, serial number and caliber). Temporary: Keep three years after employee separation. • Ezpunged or Sealed Records: Records documenting the arrest and/or conviction of a person who petitions and is granted by the court an order sealing records. Also applies to juvenile records. Permanent. Field Interrogation Reports: Informational reports written by police officers relating to individuals, events or vehicles for which the officer does not have probable cause for enforcement. Typically includes: name and address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, witnesses, reason for contact, etc. Temporary: Keep three years. • Fingerprint Cards: Cards containing fingerprints, palmprints, and other personal identifiers of arrested individuals. Used for identification and apprehension of suspects in criminal investigations. The cards also contain information necessary to identify the individual, including: fingerprint classification number, name, address, date of birth, date of arrest, social security number, photograph, occupation, employer, etc. Permanent: Keep records relating to homicides or felonies permanently. Semipermanent: Keep records relating to misdemeanors five years. • Fingerprint Cards (Latent): Cards containing latent fingerprints and palm prints found at crime scenes without identification of suspects. These are compared against cards on file at the agency. Usually contains information related to the crime, location, date and time, and other details of the case. Permanent: Keep records relating to homicides or felonies permanently. Semipermanent: Keep records relating to misdemeanors five years. • Indemnity Bonds: Copies of insurance bonds issued to indemnify the police department against claims of wrongful actions in civil seizure cases. Semipermanent: Keep five years after seizure completed and a return has been made to the court of issuance. City of Meridian Records Retention Schedule Page 53 of 72 • Impounded & Abandoned Vehicle Records: Records documenting vehicles impounded by police due to accidents, abandonment, recovered stolen vehicles, vehicles used in commission of crimes, etc. May include reports, notifications, information cards or sheets, receipts, etc. Information typically includes: make, model, year, color, identification number, tag number, condition of vehicle and contents, reason for impounding, location of impoundment, charge (if any), towing company used, release conditions, and name and address of individual to whom the vehicle was released. Permanent: Documented in Department Report, a permanent record. Incident Case File Indez: Indexes to incident case files used as cross references between case numbers, names, dates, modus operandi, and other descriptive information. Permanent. Department Reports: Central case files documenting complaints or other actions or incidents investigated by the police department. Usually filed by case number. Records may include investigative reports, fingerprint cards, arrest reports, supplemental reports, photographs, correspondence, teletypes, court orders, court dispositions, officer notes, laboratory reports, drug/alcohol test records, physical force records, citizen arrest certificates, copies of warrants, search warrants, booking sheets, property/evidence reports, custody reports, and other related documents. Information typically includes: suspect information, alleged activity, location, date, validity of source information and other data. Permanent: Keep records relating to felonies and unsolved crimes where DNA was collected permanently. All other reports are permanent. • Informant Case Files: Records documenting information about informants used by department personnel. Records typically include: reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informant activities, and related records. Temporary: Keep three years. • Internal Investigations Case Files: Records documenting investigations of police department personnel for violations of laws, rules or policies and may include findings and dispositions of investigations. Records often include: complaints, correspondence, investigatory reports, interviews, hearing summaries, testimony, etc. Information usually includes: the name of the officer investigated, reason, location of violation, date, accomplices' names and addresses, witnesses' names and addresses, action taken, etc. City of Meridian Records Retention Schedule Page 54 of 72 ! ~ Semipermanent: Keep 10 years after employee separation. Juvenile Temporary Custody Records: Records documenting youths taken into temporary custody by the department. The action is not considered an arrest. Information typically includes: name, age and address of the youth; name and address of the person having legal or physical custody of the youth; reasons for and circumstances under which the youth was taken into temporary custody; and related information. Permanent: Documented in Department Report, a permanent record. • Lost & Found Property Records: Records documenting city receipt and maintenance of lost and found or abandoned property such as money, bicycles and other items not related to a crime. Includes: receipts, inventory lists, disposition information, etc. (SEE ALSO Property & Evidence Control & Disposition Records for records documenting property related to or held as evidence to an alleged crime. SEE ALSO Impounded & Abandoned Vehicle Records for records on abandoned vehicles.) Permanent: Documented in Department Report, a permanent record. • Maps: Maps and related records maintained for reference and for tracking various trends. Examples include: Neighborhood Watch Program maps, street number location maps and books, parking meter maps, and maps plotting reported crimes in a given area. Transitory: Keep until superseded, obsolete or administrative needs end. Master Name Indez Records: Records documenting information on each individual who has been field interrogated or arrested, suspects or accomplices in crimes, victims, complainants, and witnesses to incidents. Information typically includes: name, address, date of birth, race, sex, date and time of incident or contact, incident number, and related data. Permanent. • National Crime Information Center (NCIC) Records: NCIC is a computerized database of criminal justice information available to federal, state and local law enforcement agencies. NCIC includes information on: wanted persons, individuals charged with serious/significant offenses, missing persons, gang members, etc. Categories of records in the system cover stolen vehicles, guns and articles, and wanted persons. City of Meridian Records Retention Schedule Page 55 of 72 i Transitory: Keep until administrative need ends -all NCIC reports must be shredded. • Neighborhood Dispute Resolution Records: Records documenting the city's dispute resolution program to handle complaints by citizens about disputes with neighbors or merchants. Typical cases may cover: animal control, landlord/tenant issues, noise, harassment, property disputes, business/consumer issues, etc. Records may include: evaluation and intake records, service referrals, resolution agreements, and follow-up surveys. Information may include: name, phone number and address of person filing complaint; case number; date of activity; narration of request/complaint; name and address of offender; action taken; and other information. Semipermanent: Keep case records five years after last action. Temporary: Keep other records three years. • Officer Notes: Notes written by officers during the course of a shift containing information which may or may not be included in an official report. Information may pertain to contacts, incidents, unusual circumstances, and other subjects. Notes are often used for writing reports and testifying in court. Information typically includes: names, dates, times, vehicles, activities, locations and related information. Permanent: Keep records relating to homicides or felonies permanently. All notes associated with Department Reports are permanent. • Parking & Traffic Warnings & Citations: Police department copies of citations and records documenting warnings issued for traffic, motor vehicle and parking offenses. Information includes: date and time; name and address; date of birth, sex, and occupation; license number and state; year, make and model of vehicle; location and type of violation; name of officer issuing citation; etc. Permanent: Officer copy of citation with notes are permanent. The original citation becomes part of the court record. Transitory: Keep warning records until superseded, obsolete or administrative needs end. • Pawnbroker & Secondhand Dealer Reports: Reports submitted to the police department documenting merchandise bought and sold by dealers. Useful in tracing stolen items. Information includes: name, address, identification, personal description of pledgor, date, dealer's name, and description of article. Temporary: Keep three years. City of Meridian Records Retention Schedule Page 56 of 72 ~~ • Photo Identification Records: Photographs and other records used to identify agency employees, private security personnel, contract workers and others. May include photographs taken for agency identification cards, driver's license photographs, and information such as name, date of birth, physical description, identification number, driver's license number, and other data. Transitory: Keep until superseded, obsolete or administrative needs end. • Polygraph Records: Records documenting polygraph tests given to criminal suspects, for internal investigations and other purposes. Includes pre-examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. (SEE ALSO Recruitment & Selection Records in the Personnel section for records relating to prospective employees.) Permanent: Keep records relating homicides or felonies permanently. Semipermanent: Keep records relating to employees thirty years. Keep all other records five years. • Property & Evidence Control & Disposition Records: Records used to track property and evidence coming into police department possession. Documents receipt, storage, and disposition of personal property and physical evidence from defendants, victims, etc. May include evidence photographs documenting crime scenes, accidents, and other incidents. Records often include: receipt forms, evidence logs (showing chain of possession of evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. Often filed with Incident Case Files. Permanent: Property sheets are attached to Department Reports, a permanent record. Keep records relating to crimes with no statute of limitations 75 years after case closed. Keep records relating to felonies one year after statute of limitations expires. • Property Registration Records: Records documenting registration of property for identification in case of theft, loss or burglary. Property includes, but is not limited to: bicycles, televisions, cameras, stereos and guns. Information typically includes: name and contact information of owner, description of property, serial number, etc. Transitory: Keep until registration expired, superseded or obsolete. • Property Sales Records: Documents sale and conveyance of real and personal property by the police department. Records may include: certificates of levy, notices City of Meridian Records Retention Schedule Page 57 of 72 of sale, publication proofs, mailing receipts, copy of judgment and execution, certificate of sale, return of service, and copy of deed issued. Semipermanent: Keep seven years. • Radar Equipment Certification & Maintenance Records: Records documenting the calibration and maintenance of radar equipment that may be useful in documenting the accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include: a description of work completed, parts used, date of service, equipment number, make, model, etc. Temporary: Keep three years after equipment replaced. • Teletype, Fag & Electronic Messages: Incoming and outgoing teletype, fax or electronic messages concerning a variety of subjects, including: incidents, meetings, arrests, warrant confirmation, etc. Information typically includes: date, time, originating agency, and text. These are messages not warranting inclusion in Incident Case Files or other classifications of records. Transitory: Keep until superseded, obsolete or administrative needs end. • Videotapes: Videotapes documenting traffic stops and arrests, as well as surveillance videos of city facilities (including police facilities, airport, etc.). Temporary: Keep tapes used as evidence for 45 days after case reaches final disposition in case of appeal. Keep tapes used for internal investigations three years after investigation ends. City of Meridian Records Retention Schedule Page 58 of 72 Public Works & Engineering Records Engineering Engineering Project Technical Records: Records related to the planning, design, and construction of various city projects, including, but not limited to: streets, sidewalks, traffic lights, streetlights, bikeways, water and wastewater facilities, buildings, etc. May be useful for litigation, reference, or budget planning. Records often include: impact statements, feasibility studies, plans, amendments, field test and laboratory reports, inspector reports, change orders, status reports, and related records. (SEE ALSO Maps, Plans, Drawings & Photos in this section and Purchasing & Quality-Based Selection Records in the Administrative section.) Semipermanent: Keep records of project cost three years after disposal or replacement of facility, structure, or system. Keep all other records 10 years after substantial completion. General • Activity Reports: Daily, weekly, monthly or other reports documenting the activities of public works department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, etc. Permanent: Keep reports summarizing activities on an annual basis permanently. Semipermanent: Keep all other reports five years. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. Benchmark Records: Benchmarks placed by the city or the U.S. Geological Survey to denote elevations above sea level. Records may include books, maps, cards, and other documents. Information includes: location, monument number, elevation, description, and related data. Usually filed numerically by benchmark number. Permanent. • Delivery Tickets: Tickets issued by suppliers to verify delivery of supplies or materials . Information usually includes: date, time, amount and type of supplies/materials received, and related data. Temporary: Keep two years. City of Meridian Records Retention Schedule Page 59 of 72 Equipment Maintenance & Repair Records: Records documenting the inspection, maintenance, and repair of city-owned equipment not listed elsewhere in this section. Examples include, but are not limited to: generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: description of work completed, parts and supplies used, date of service, date of purchase, purchase price, equipment number, make and model, and related data. (SEE ALSO Capital Asset Records in Administrative section.) Semipermanent! Keep until equipment removed from service. Temporary: • Facilities & Grounds Maintenance & Repair Records: Records of all minor maintenance and repairs to buildings and grounds owned or leased by the city. Used to verify that repairs were made. May include summaries, logs, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes location, narrative of work completed, materials used, personnel completing work, authorization, dates of activities, and related data. Semipermanent: Keep records requiring engineering stamps 2 years after life of structure. Keep all other records five years. Maps, Plans, Drawings & Photos: Maps, plans, drawings, and photos created by or for the city. These include various types of maps such as system schematic, as-built, topographic, planemetric, orthophoto, resource, and others. System schematic maps represent locational and other information about major systems such as water and sewer. Other maps are derived from aerial photographs and represent physical features such as building footprints, edge of pavement, and contours. This category also includes as-built plans, drawings, and details documenting city engineering and construction projects. Permanent: Keep maps, plans, drawings, and photos permanently (with the exception of copies obtained from other agencies). Transitory: Copies of maps, plans, drawings, and photos obtained from federal, state, county or other agencies maybe destroyed when superseded, obsolete or administrative needs end. Maintenance Request/Complaint Records: Records documenting complaints or requests concerning a variety of maintenance responsibilities carried out by the public works deparhnent. Examples include, but are not limited to: brushing and limbing; road grading, rocking, sealing, patching, and marking; traffic signals and signs; city- owned buildings and equipment; streetlights; and water and sewer system problems. Information often includes: name, phone number, and address of person making City of Meridian Records Retention Schedule Page 60 of 72 request/complaint; narration of request/complaint; name of person responding to request/complaint; dates of related activities; resolution of request/complaint; and other data. Temporary: Keep two years after last action. • Master Plan Records: Document the present and projected needs of the city for water, sewer, storm drainage, streets, bike paths, and other systems. Often includes an implementation schedule for construction. Records often include: plans, reports, evaluations, cost analyses, drawings, and related documents. Subjects may include: rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Permanent. • Survey Field Records: Detailed field notes and other records related to surveys for boundary location or construction, including notes on traverses, right-of--way location, construction (including levels, cuts, and grades), sketches related to the survey, and other information. Permanent: Keep general surveys and right-of--way location records permanently. Semipermanent: Keep other records 10 years after substantial completion of project. Temporary Access/Construction Easement Records: Records documenting temporary easements allowing entrance and work on property or streets not owned by the easement holder. Permits usually apply to city crews and utility workers. Information can include: applicant name, address, and phone number; contractor name and license number; utility involved; location; description of work; security deposit; surface restoration material used; signature; date; comments; permit number; and related data. (SEE ALSORight-of--Way Permit Records in this section and Easement Records in the Administrative section.) Temporary: Keep two years after expiration of easement. • Utility Installation & Connection Records: Records documenting installation of city utility systems or the connection of specific properties to city water, sewer, power, or similar systems. Does not apply to temporary stoppages or disconnections service. May include applications, permits, and similar records. Information often includes: applicant's name and address, permit number, fee charged, service level, type of structure, pipe size, meter size and number, and related data. Semipermanent: Keep two years after physical disconnection. City of Meridian Records Retention Schedule Page 61 of 72 • Utility Line Location Request Records: Records documenting requests and city action to locate underground lines in the vicinity of a construction site. Information often includes: name of person requesting location; planned and actual date and time of location; notations of water, sewer, storm drains, and other line locations; name and signature of person locating lines; and related data. Temporary: Keep two years. Utility Meter Installation, Location, Maintenance, & Repair Records: Records documenting the installation, location, maintenance, testing, calibration and repair of city operated water and power meters. May include logs, summaries, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: address, narrative of work completed, personnel completing work, dates, and related data. Semipermanent: Keep one year after meter removed from service. Streets, Speed Zones, Street Banners, Streetlights • Special Event Records: Records documenting preparation for and implementation of traffic changes related to special events such as parades, motorcades, and demonstrations. Includes situations resulting in heavy traffic or street use requiring street closures, traffic rerouting, barricades, signal timing changes, and other variations. May include notifications, planning documents, reports, and related records. Temporary: Keep two years after event. • Speed Zone Records: Records documenting the establishment and review of speed zones in the city, including reports, photographs, proposals, orders, maps, accident summaries, and related documents. Considerations include pedestrian and bicycle movements, environmental impact, adjacent land use, and other factors. Temporary: Keep two years after superseded. • Street Banner Records: Records documenting proposals for and installations of banners on city streets, often in relation to civic events or celebrations. Records may include: plans, maps, proposals, reports, applications, and other documents. Applications usually include: applicant's name, address, and phone number; organization name; banner message; display period requested; signature of city official approving permit; and related information. Temporary: Keep two years. City of Meridian Records Retention Schedule Page 62 of 72 • • Streetlight Inventory, Maintenance & Repair Records: Records documenting inventory, maintenance and repairs of city streetlights. May include reports, summaries, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes: location, pole numbers, maps, types of lights, dates of purchase and installation, narratives of repair work completed, equipment repaired or replaced, supplies used, personnel completing work, authorization, dates of activities, and related data. (SEE ALSO Activity Records in this section.) Temporary: Keep three years. Streetlight Request & Survey Records: Records documenting requests by citizens for the installation of streetlights, as well as city surveys to assess need and feasibility. Often includes request forms, correspondence, surveys, reports, and related records. Temporary: Keep two years after last action. Wastewater & 5tormwater Discharge Monitoring Records: Records documenting the amount of pollution discharged from the city wastewater treatment facility. May also include supporting documentation. Information includes: date; period covered; NPDES permit number; discharge number; frequency of analysis; sample type; and average and maximum quantities and concentrations of solids, ammonia, chlorine, nitrogen, and other chemicals. Permanent: Keep reports permanently (with the exception of discharge monitoring reports, see below). Semipermanent: Keep discharge monitoring reports 20 years after permit expiration. Keep all other records five years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. • Equipment Maintenance & Calibration Records: Records documenting the maintenance and calibration of equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. City of Meridian Records Retention Schedule Page 63 of 72 i ~ Semipermanent: Keep five years after equipment removed from service, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Industrial Pretreatment Permits: Permits issued by the city to private industries allowing the discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information typically includes: influent and effluent limits, chemical analysis data, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related information. Permanent: Keep permits, addenda, and modifications permanently. Semipermanent: Keep other records five years after expiration or revocation. • Mobile Waste Hauler Dumping Records: Records documenting the dumping of septic pumpings and other wastes from various sources at the city waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. Semipermanent: Keep five years. National Pollutant Discharge Elimination System (NPDES) Records: Records documenting the application for and issuance of a permit to the city under the NPDES program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO Wastewater Inspection Records in this section.) Permanent: Keep permit, addenda, and modifications permanently. Semipermanent: Keep other records five years, until the end of the permit cycle, or as requested by state or federal agencies, whichever is longer. Note: Federal regulations (40 CFR 122.41) require that permittees must keep records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), all records required by the permit, and records of all data used to complete the permit application for at least 3 years from the date of the sample, measurement, report or application. City of Meridian Records Retention Schedule Page 64 of 72 • Sewage Sludge Application Landowner Agreements: Agreements between the city and landowners related to the application of sewage sludge to approved sites. Records include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terms, parties involved, period covered, and signatures. Semipermanent: Keep six years after expiration. Sewage Sludge Application Site Logs: Logs documenting the agricultural application of sewage sludge to approved sites. Subjects include agronomic loading calculations related to maximum application of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Permanent. Note: Federal regulations (40 CFR 503.27 and 40 CFR 503.17) require certain records relating to application of sewage sludge be kept permanently (including the location and acreage of sites, date of application, cumulative pollutants, tons of sludge applied and a certification from the employee) and other records must be kept at least five years. • Sewage Sludge Management Plans: Plans submitted by the city to engage in sludge disposal or application activity. Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Permanent. Sewer & Storm Drainage Maintenance & Repair Records: Records documenting the maintenance and repair of city sewers and storm drains. May include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Information often includes location, narrative of work completed, amount and type of material used, personnel completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer Television/Videoscan Inspection Records in this section.) Semipermanent: Keep records requiring engineering stamps two years after life of structure. Keep other records five years. • Sewer Smoke Test Records: Records documenting smoke tests undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of City of Meridian Records Retention Schedule Page 65 of 72 C~ lines tested, location of leaks detected, inspector's name, pipe size, and related information. Semipermanent: Keep 10 years. Sewer Television/Videoscan Inspection Records: Reports documenting television inspections used to locate problems and defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Semipermanent: Keep written reports one year after the life of the sewer line. Transitory: Keep videotapes one year after written report submitted. • Strip & Circle Chart Records: Records documenting the continuous monitoring of various wastewater treatment operations. May include strip charts, circle charts, and similar monitoring records. Information typically pertains to pump flows, influent and effluent water flows, secondary total flow, influent pH, chlorine residue, and related subjects. Temporary: Keep three years, except for NPDES-related charts (see Wastewater Facilities Permit Records below). • Valve Maintenance Records: Records documenting the location, specifications, maintenance, and repair of valves in the city sewer system. May include lists, charts, drawings, reports, logs, and related records. Information often includes: valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, tests run, personnel completing work, dates, and related information. Semipermanent: Keep location and specification records one year after valve removed from service. Keep all other records five years. • Wastewater Facilities Permit Records: Records documenting the application for and issuance of a permit authorizing the city to construct and operate a disposal system with no discharge to navigable waters. Examples include: sewage lagoons, land application/reuse, septic tanks, and drain fields. Records often include: applications, permits, addenda, modifications, and related supporting documentation. Permanent: Keep permit, addenda, and modifications permanently. Semipermanent: Keep other records five years after permit expiration or revocation. City of Meridian Records Retention Schedule Page 66 of 72 • • Wastewater Grant & Loan Records: Records relating to Idaho Department of Environmental Quality grants and loans for wastewater facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Semipermanent: Keep three years after grant closure or loan payoff. Wastewater Inspection Records: Records documenting inspections of city wastewater treatment operations to monitor compliance with National Pollution Discharge Elimination System (NPDES) permit conditions. May include reports and supporting documentation. Information typically includes: date, location, areas evaluated during inspection, summary of findings, pre-treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. Permanent: Keep reports permanently. Semipermanent: Keep other records five years, until the end of the NPDES permit cycle, or as requested by state or federal agencies, whichever is longer. Wastewater Treatment Operations Records: Records not listed elsewhere in this schedule which document wastewater treatment operations. Created on a daily, monthly, and annual basis. Usually consists of reports, logs, log sheets, and related records. Permanent: Keep annual reports permanently. Semipermanent: Keep other records five years, or as requested by state or federal agencies, whichever is longer. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. Water • Baclcflow Prevention Device Test Records: Records documenting test results on backflow prevention devices designed to protect the city water system from pollution related to substances backing into water lines. Information typically includes: date, type and size of device, serial number, location, test records, line pressure, name of tester, name and address of device owner, and related data. Temporary: Keep three years after subsequent test. City of Meridian Records Retention Schedule Page 67 of 72 Cross Connection Control Survey Records: Records documenting the monitoring of potential or actual water system health hazards from pollution entering water pipes from other pipes. Records may include: reports, surveys, checklists, and related documents. Information often includes: address, contact person, business name, date, inspector, type of facility, description of protection, comments, corrections made, and other information. Semipermanent: Keep one year after disconnection or 10 years, whichever is longer. • Consumer Confidence Reports: Records documenting the presence of any contaminants identified by the city in city water over the course of a year. Reports are mailed to city residences and businesses receiving city water. Semipermanent: Keep five years. Note: Federal regulations (40 CFR 141.155) require these records to be kept for at least three years. • Disinfection Profiling & Benchmarking Records: Records relating to disinfection profiling and benchmarking for Giardia lamblia or virus inactivation. Permanent. Note: Federal regulations (40 CFR 141.571) require these records to be kept permanently. • Drinking Water Grant & Loan Records: Records relating to Idaho Department of Environmental Quality grants and loans for water facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Semipermanent: Keep three years after grant closure or loan payoff. Equipment Maintenance & Calibration Records: Records documenting the maintenance and calibration of equipment and instruments used to monitor water treatment operations. Useful in verifying reliability and for reference by regulatory agencies. May include logs, reports, and related records. Information typically includes: date, type of equipment maintained or calibrated, tests conducted, repairs needed, comments, and related information. Semipermanent: Keep until equipment removed from service. • Flouride Analysis Records: Daily records of flow and amounts of fluoride, and weekly analyses of fluoride in finished water. City of Meridian Records Retention Schedule Page 68 of 72 • Semipermanent: Keep five years. Note: Idaho regulations (IDAPA 58.01.08.552.06) require these records to be kept at least five years. • Free Clilorine Residual Analysis Records: Analyses made at least daily for free chlorine residual for systems using ground water that add chlorine for disinfection. Transitory: Keep one year. Note: Idaho regulations (58.01.08.552.05) require these records to be kept at least one year. • Hydrant Records: Records documenting the location, specifications, maintenance, testing, and repair of water hydrants in the city water system. May include lists, charts, logs, reports, and related records. Information typically includes: location, make, description (main size, valve size, flow capacity, etc.), maintenance and repair narratives, dates, authorizations, and related information. Semipermanent: Keep location and specification records until hydrant permanently removed from service. Keep all other records five years. • Lead & Copper Control Records: Records documenting treatment triggered by lead and copper action levels measured in samples collected at consumers' taps, including corrosion control treatment, source water treatment, lead service line replacement, public education and supplemental monitoring. Semipermanent: Keep twelve years. Note: Federal regulations (40 CFR 141.91) require these records be kept at least 12 years. • Non-Compliance Corrective Action Records: Records documenting action taken by the city to correct violations of primary drinking water regulations. May include reports, logs, and related records. Temporary: Keep three years after last action. Note: Federal regulations (40 CFR 141.33) require these records to be kept at least three years after the last action taken with respect to the particular violation. • Sanitary Survey Records: Records documenting surveys examining the overall sanitary condition of the city water system. Maybe conducted by the city, private City of Meridian Records Retention Schedule Page 69 of 72 • consultants, or state/federal agencies. Records may include written reports, summaries, and related documents. Permanent: Keep reports and summaries permanently. Semipermanent: Keep all other records ten years. Note: Federal regulations (40 CFR 141.33) require written reports, summaries and communications relating to sanitary surveys must be kept at least 10 years after completion of the survey. Secondary Contaminant Reports: Reports documenting the analysis of water samples to determine the level of secondary contaminants. Secondary contaminants are those which, at levels generally found in drinking water, do not present a health risk but may affect taste, odor, and color of water, as well as stain plumbing fixtures and interfere with water treatment processes. Information typically includes: date, report number, analyst, time of sample collection, contaminant levels, and related information. Semipermanent: Keep 10 years. • Strip & Circle Chart Records: Records documenting the continuous monitoring of various water treatment operations. May include strip charts, circle charts, and similar monitoring records. Information often pertains to reservoir levels, pump flows, distribution line pressure, and related subjects. Temporary: Keep three years. • Variance & Exception Records: Records documenting variances and exceptions granted to the city by regulatory agencies concerning water treatment operations. Information typically includes: date, conditions of variance or exception, expiration date, and related information. Semipermanent: Keep five years after expiration ofvariance/exception. Note: Federal regulations (40 CFR 141.33) require these records be kept at least five years after expiration of the variance/exception. • Valve Maintenance Records: Records documenting the location, specifications, maintenance, and repair of valves in the city water system. May include lists, charts, drawings, reports, logs, and related records. Information typically includes: valve location, identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, tests run, personnel completing work, dates, and related information. City of Meridian Records Retention Schedule Page 70 of 72 ~ ~ Semipermanent: Keep location and specification records one year after valve removed from service. Keep all other records five years. Water Bacteriological Quality Analysis Reports: Reports documenting water samples taken from various locations throughout the city water system and supply sources for bacteriological tests. Information includes: location, collection date, person taking samples, sample type, analysis date, laboratory name, person performing analysis, analytical method used, and the results of the analysis. Semipermanent: Keep five years. Note: Federal regulations (40 CFR 141.33) require these records be kept at least five years. • Water Chemical & Radiological Analysis Reports: Records documenting water samples taken from various locations throughout the city water system and supply sources for chemical and radiological tests. Information includes: location, collection date, person collecting sample, sample type, analysis date, laboratory name, person conducting analysis, analytical method used, and results of the analysis. Semipermanent: Keep 10 years. Note: Federal regulations (40 CFR 141.33) require chemical analyses be kept at least 10 years. • Water Consumption Reports: Reports documenting statistics of daily, monthly and annual water consumption. Useful for prediction of future flows and peak demands. Information may include water consumption in millions of gallons and cubic feet from treatment plants, springs, artesian wells, pumped wells, and reservoirs. Permanent: Keep annual reports permanently. Semipermanent: Keep information not summarized in annual report 10 years. Transitory: Keep information summarized in annual report one year. Water Line Maintenance & Repair Records: Records documenting the maintenance and repair ofcity-owned water lines. May include reports, summaries, and similar documents usually compiled from daily work records on a monthly or quarterly basis. Information often includes: location, narrative of work completed, amount and type of materials used, personnel completing work, dates of activities, authorization, and related data. (SEE ALSO Valve Maintenance Records, Hydrant Records, and Activity Reports in this section.) City of Meridian Records Retention Schedule Page 71 of 72 Semipermanent: Keep records requiring an engineering stamp two years after water line permanently removed from service. Keep other records five years. • Water Quality Complaint Records: Records documenting complaints received from the public about the quality of city water. Information typically includes: name, address, and phone number of complainant; nature of complaint; location; description of water; name of person responding to complaint; narrative of investigation; and resolution. Temporary: Keep three years after last action. • Water Treatment Operations Records: Records not listed elsewhere in this schedule, which document water treatment operations, created on a daily, monthly, or annual basis. Records may include state or federal required reports. May consist of reports, logs, log sheets, and related records. Subjects may include: amount and types of chemicals used, filter rates, etc. Permanent: Retain annual reports permanently. Semipermanent: Keep all other reports five years, or as requested by state or federal agencies, whichever is longer. Note: Idaho Code 50-907(2)(e) provides that departmental reports must be kept at least five years. • Water Turbidity Reports: Reports documenting the analysis of water samples to determine the level of cloudiness caused by suspended particles. Information typically includes: date, report number, analyst, time of sample collection, turbidity unit values for routine and check samples, and related information. Semipermanent: Keep 10 years. Note: Federal regulations (40 CFR 141.175) require that the results of individual filter monitoring must be kept at least three years. City of Meridian Records Retention Schedule Page 72 of 72 • August 10, 2007 PP 07-009 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 5-E REQUEST Findings: -Request for PP approval of 52 residential lots, 2 office/commercial lots & 10 common lots on 19.80 acres in L-O zone for Meadowlake Village North -sec of Franklin &Touchmark AGENCY COMMENTS ~... CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: at public af~"~'~ Date: 1 ~ 6 Phone: .~, jod ' S ff Initials: dl beco a properly of the CHy of Meridian. • .~ ~, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ ~ ~_ 'A ~~:~~ '~~ ~.~, .~ V~~p°~~ ~dA'AZ3%1 ~~N.4A.T°1 ;: In the Matter of the Request for Preliminary Plat Approval of 52 Single Family Residential Lots, 2 Office /Commercial Lots, and 10 Common Lots Within the Existing L-O (Limited Office) District AND Conditional Use Permit Approval to Modify the Conceptual Planned Development (PD) for the Touchmark Living Centers /Meadowlake Village Development AND Miscellaneous Approval to Amend the Existing Development Agreement (DA) for the Touchmark Living Center /Meadowlake Village Development, by Touchmark of the Treasure Valley, LLC Case No(s). PP-07-009, CUP-07-008, & MI-07-006 For the City Council Hearing Date of: July 17, 2007 (Continued from June 5 and July 3, 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 July 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 • 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 Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 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 Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED May 29, 2007, labeled C00 - C03, and prepared by WRG Design, Inc., is hereby conditionally approved. 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, REVISED May 29, 2007, labeled L1 - L8, and prepared by WRG Design, Inc., is hereby conditionally approved. 3. The following modifications to the corresponding staff report were approved by the Meridian City Council on July 17, 2007: a. Condition 1.2.3 to be stricken from the staff report; b. Condition 1.2.4 to be stricken from the staff report; c. Condition 1.2.13 added to the staff report, requiring the Applicant to submit a private street application; d. Condition 1.2.10 to be stricken from the staff report which refers only to the portion that the Applicant provide documentation from the irrigation district that tiling the Ridenbaugh Canal is not necessary; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 e. Clarify Condition 1.2.6 to specifically reference "residential" setbacks; f. Modify Condition 1.2.11 to establish that maintenance of all common areas shall be the responsibility of Touchmark of the Treasure Valley, LLC, rather than by the Meadowlake Village North Homeowner's Association; g. Modify Condition 2.30 which calls for sodium streetlights within Meadowlake Village North. As the existing Meadowlake Village development currently uses a metal-halide, the Applicant desires to install the same within the subject subdivision. Public Works is amenable to such only if the Applicant enters into a maintenance agreement with the City which establishes that Touchmark of the Treasure Valley, LLC, is responsible for all maintenance of the metal-halide street lights; and h. Condition 3.9 to be stricken from the staff report which refers only to the portion that the Applicant provide a stub street within the development. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to 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 (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the Applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 Z. 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 a 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 July 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 By action of the City Council at i regular meeting held on the ~¢ ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED_~~~~ VOTED_Z%~!ti VOTED_ C%~,G~ VOTED__~7~~~ VOTED ~' ATTEST: ILLIAM G. BERG, J , CI7 Copy served upon: / MAYA ~~,~~~/IMI' de WEERD \ ~~Or. ~:~ ~ s ` ~~w ~~, ~~~ CITE ~ ~ ~ ~` Y O'/,so'/,~~~~Il t 11 I~1 f 111\\\\\~~\ai`\a Applicant Planning Department Public Works Department City Attorney BY~ Dated: g 1~,-y, Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGE OF JULY 17, 2007 STAFF REPORT Hearing Date: 7/17/2007 Continued From: 6/5/2007 & 7/3/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Meadowlake Village North • PP-07-009 ~;^~ ' rr -~ .. . e[ n~ ~~14I i i+ iii -' ~ a ~, 11].i9iP~ ~-~ ~~~, ~ ~~~:a~ Preliminary Plat of 52 single family residential lots, 2 office /commercial lots, and 10 common lots within the existing L-O (Limited Office) district, by Touchmark of the Treasure Valley, LLC • CUP-07-008 Conditional Use Permit to modify the conceptual Planned Development (PD) for the Touchmark Living Centers / Meadowlake Village development • MI-07-006 Miscellaneous request to amend the existing Development Agreement (DA) for the Touchmark Living Center / Meadowlake Village development NOTE: The Applicant requested continuance of the June S and July 3 Council hearings to allow Staff enough time to update the Staff report to reflect the changes to the proposed development as called for by the Planning & Zoning Commission. The changes to the plat proposed by the Applicant, no longer require a variance for cul-de sac length. Therefore, Staff has deleted all reference to a request for a variance within the subject report (excepting under the Commission's Recommendations) for simplification purposes for the Council and as the Applicant has withdrawn said request 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Touchmark of the Treasure Valley, LLC, has applied for Conditional Use approval to modify the conceptual PD for the Meadowlake Village development. Concurrently, the Applicant is requesting Preliminary Plat approval of 52 single-family residential lots, 10 common lots, and 2 office / commercial lots on 19.80 acres. The Applicant has also applied for a modification to the existing Development Agreement (DA) in effect for the site. Said applications will be heard before City Council concurrent with the subject PP and CUP applications. The proposed subdivision is located on the south side of E. Franklin Road off of S. Touchmark Way in Section 16, Township 3 North, Range 1 East, B.M. The site has not been previously platted. The property is within the City's Area of Impact and Urban Service Planning Area and is currently zoned L-O and C- G. 2. SUMMARY RECOMMENDATION The Commission is typically the final decision maker on conditional use permit applications and a recommending body on preliminary plat applications; however, as the City Council is the final decision making body on preliminary plat and miscellaneous applications, all of the subject applications are Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 1 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARINGE OF JULY 17, 2007 combined into one staff report. The Commission must make a formal recommendation to the Council on the preliminary plat and conditional use permit applications. The Commission may also review and make recommendations regarding miscellaneous applications, as this application is key to the proposed development. The subject applications (PP-07-009, CUP-07-008, & MI-07-006) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the Applicant's request. Staff is recommending approval of applications PP-07-009, CUP-07-008, and MI-07-006. The Meridian Planning and Zoning Commission heard this uroiect on May 17 2007 At the uublic hearing, they moved to recommend auuroval of the subiect PP CUP and MI auulications However, the Commission recommended denial of the requested VAR aAnlication a. Summary of Public Hearing: i. In favor: Me an Johnson A licant's R resentative & Bruce D le evelo er VP for Touchmark of the Treasure Vallevl ii. In opposition: None iii. Commenting: Welcome Adamson (Meadowlake Village Resident) iv. Written testimony: None v. Staff presenting application• Amanda Hess vi. Other Staff commenting on application• None b. Kev Issues of Discussion by Commission• i. Connectivity within the Meadowlake development• ii. The Applicant's desire for the development's residents to have a private and safe (no cut through traffic neighborhood This is the p ' reasoning for the cul de sacs and the variance request; iii. Whether the request for a variance passes the "Findings Test" (i e a hardship exists that would necessltate a variance) The Commission determined that there is no such hardship; iv. The Applicant did not provide the site plans and building elevations for the proposed commercial lots, as reauired by Staff However during the public hearing the Developer proposed that each lot be subiect to the Conditional Use Permit process in lieu of Staff's re uest• v. Cul-de-sacs are not conducive to emergency vehicles• c. Kev Commission Changes to Staff Recommendation• i. That, prior to development of either of the two commercial lots in Meadowlake Village North. procurement of CUPS will be required so that the Commission can evaluate the respective site plans and building elevations• and ii. That neither of the commercial lots take direct lot access to S. Touchmark Wa . d. Outstanding Issue(s) for Citv Council• i. The, Commission supported deriving the Applicant's variance re uest regarding cul de Applicant submitted revised plans to Planning Staff which depict a private street connection at the south property line instead of at the northeast corner where the emergency access was reauired (see Condition 1 2 3 below) Also at that time the Applicant formally submitted a letter for withdrawal of the requested variance as the proposed street eliminates the need for said variance Staff has evaluated the new plat against the City's regulations supports the Applicant's revisions and has updated the staff report to reflect the revisions [save the conditions outlined in Exhibit B as the Council should modi thesey Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ii. Condition 1.2.3 should be removed from the staff report as a public street stub [at the northwest corner of the pro e~rty] is no longer re uq fired by Staff iii. Condition 1.2.4 should also be removed from the staff report as an emergency access is no loner warranted with the proposed construction of a private street within the development; iv. Staff requires of the Applicant a com leted private street application Please add a condition (1.2.XX requiring the Applicant to submit a private street application• and v. Condition 1.2.10 should be removed from the staff report as the Applicant has provided documentation that a 48" or lar eg r wipe would be required for covering the Ridenbau~h Canal. The Meridian City CoLnc~l Ilearrl thpcQ iteWe on Tnno G _Tnlq ~_ anA i..h_, 17_ "lnn7 At tha _T^,lv 17 007. Dublic hea 'nom they aDDroved he ubiect aDD i Anon u a. Summr~rv of itv o ~nc'1 thli~Aearina~ i. In favor Mean Johnson (Applicant's Representative) ii. In opposition• None iii. Commentine: None iv. Written testimony: None v. Staffpresentin~ application: Anna Carmine vi. Other Staff commenting on application: Len Grady b. ev Iccue of Di cuccion by ounc'l: i. The Applicant's request to install a different tune of street lieht within the subiect development than typically required by the City so as be consistent with the ones already c nstructed within the other parts of Meadowlake Villa>re• and ii. The need for one of the proposed lots to share a driveway a__s_ i_t_ d_n_e__c n_n_t mP_P_t_ thP_ C`_itv'c s andards for minimum frontage on a public street C. eV Council Chanaec t Ommiccinn Recnmmpnrlat:....• i. Condition 1.2.3 to be stricken from the staff report• ii. Condition 1.2.4 to be stricken from the staff report• iii. Condition 1.2.13 added to the staff report reauirin~ the Applicant to submit a private street applica~tioi •• iv. Condition 1.2.10 to be stricken from the staff report which refers only to the portion that -- the Applicant provide documentation from the irrissation district that tiling the 'denbau~h Canal is not necessa_rv• v. Clarify Condition 1.2.6 to specifically reference "residential" sPtharkc• vi. Modify Condition 1 2 11 to establish that maintenance of all ~nmmnn arPac hall hP the esponsibility of Touchmark of the Treasure Valley LLC rather than by the Meadowlake Village North Homeowner's Association• vii. Modify Condition 2 30 which calls for sodium streettiuhtc within Me~arlnwlalrP VillanP North. As the existine Meadowlake Village development currently aces a metal hal;rlP the Applicant desires toLnstall the ame within the subiect subdivision Public Works is amenable to such onl if the A licant enters in o a intenance a Bement with he Ci which establishes that Touc ma k of the Treasure Valley LLC is responsible for a1 maintenance of the metal-halide street li ts• and viii. Condition 3 9 to be strick from the staff report which refers only to the portion that the Applicant provides a stub street within the development 3. SUNIlVIARY RECOMMENDATION Approval Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 After considering all Staff, Applicant, and public testimony, I move to approve File Numbers PP-07- 009, CUP-07-008, & MI-07-006, as presented during the hearing on July 17, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers PP-07-009, CUP-07-008, and MI-07-006, as presented during the hearing on July 17, 2007, for the following reasons: (state specific reasons for denial of the preliminary plat and conditional use permit request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers PP-07- 009, CUP-07-008, and MI-07-006 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: 3805 / 3975 E Franklin Road Meridian, ID 83642 NE% NW'/ & NW'/a NE% Section 16, T3N, R1E b. Owner /Applicant: Touchmark of the Treasure Valley, LLC 5150 SW Griffith Drive Beaverton, OR 97005 c. Representative: Megan Johnson, WRG Design, Inc. d. Present Zoning: L-O (Limited Office) & C-G (General Retail and Service Commercial) e. Present Comprehensive Plan Designation: Mixed Use -Community f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): REVISED Mav 29, 2007 Z. Date of Landscape Plan (See Exhibit A): REVISED Mav 29, 2007 g. Applicant's Statement /Justification: Phase III of Meadowlake Village is designed to expand upon and continue the vision of Meadowlake as an active-adult community by providing unique housing opportunities and lifestyle choices. All applications have been submitted in accordance with the requirements of the City. Phase III will incorporate the same development standards and architectural standards that were used in previous phases. The project will provide active and passive recreational opportunities for the residents. (Please see Applicant's submittal letter for more.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject applications will, in fact, constitute a conditional use as determined by City Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: April 16, 2007, and Apri130, 2007 (Planning & Zoning Commission) Mav 14, 2007, and May 28 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: Apri15, 2007 (Planning & Zoning Commission) May 11, 2007SCity Council) f. Applicant posted notice on site by: Apri123, 2007 (Planning & Zoning Commission) May 26, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant, undeveloped land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant land, where a mix of office, retail, single-family residential, and multi-family residential uses have been proposed for development. c. Adjacent Land Use and Zoning: 1. North: Undeveloped Meadowlake Village property, zoned L-O 2. East: Edgeview Estates Subdivision No. 1, zoned Rl-C (City of Boise) 3. South: Undeveloped Meadowlake Village property and the golf course, zoned L-O 4. West: Developed and undeveloped Meadowlake Village property, zoned L-O d. History of Previous Actions: In May 2001, The Touchmark Living Centers / Meadowlake Village development was annexed (AZ-99-021) and granted conceptual approval as a planned development (PD) to house a mix of office, retail, single-family residential, and multi-family residential uses in an L-O (Limited Office) zone (CUP-99-039). Please see Exhibit A for original PD concept plan. The subject site, which totaled approximately 160 acres, was proposed to develop in multiple phases. A development agreement was recorded which outlined the requirements of construction for each of the phases. Each of the phases requires detailed CUP approval. Future phases of development will require CUP approval, as well. In 2003, a modification to the PD with an associated annexation application came before the Planning & Zoning Commission. An approximately 5-acre property which bisected the north half of the Meadowlake development was acquired by Touchmark of the Treasure Valley, and a new concept plan proposed to better unify the site. Please see Exhibit A for modified PD concept plan. Several improvements in Phase I of the project included construction of the major streets within the development, such as S. Touchmark Way; the landscaping along I-84 and a portion of Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Franklin Road; the golf course; the Continuing Care Retirement Center; and some cottage and patio homes at the southeast portion of the property. Phase II saw platting and construction of commercial and office units at the northwest portion of the Meadowlake Village property. The subject applications, Phase III of the Meadowlake Village project, propose modification to the approved PD and CUP concept, and development agreement in effect for development, as this phase is not consistent with the 2003 plan. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing sewer service to mains north of the project. Location of water: There is water in Touchmark Way. Issues or concerns: 1) The need for a second water connection, and 2) The Applicant's narrative did not request a waiver to file the Ridenbaugh Canal, but should do so prior to the City Council public hearing. 2. Vegetation: All existing vegetation must be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Ridenbaugh Canal runs at the east property line. 5. Hazards: N/A 6. Existing Zoning: L-O & C-G 7. Size of Subject Development: 19.8 acres f. Subdivision Plat Information: 1. Residential Lots: 52 2. Non-residential Lots: 2 office /commercial 3. Total Building Lots: 54 4. Common Lots: 10 5. Other Lots: 0 6. Total Lots: 64 7. Open Lots: 0 8. Residential Area: ~ 12.38 acres 9. Gross Density: 2.62 units per acre 10. Average Lot Size: 9,987 square feet g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 5.18 acres (26.1 %) 4. Other landscaping standards: Landscaping adjacent to Inicropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 shade tree per 8,000 square feet (UDC 11-3G-3-E2). Landscaping within pazkways should comply with UDC 11-3B-7C. To qualify as open space, pazkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees (UDC 11-3G-3B-5). h. Proposed and Required Non-Residential Setbacks: The L-O district does not have established residential setbacks, as single family dwellings are not considered allowed uses per City Code. However, the Meadowlake project was approved as a PD to specifically include residential units under the blanket zoning of L-O. Under said PD, the following setbacks for the residential portion were approved as follows: Previously _ Setbacks Approved Street to Living Area 10 Street to Front-Facing Gazage 20 Side Entry Gazage 15 Street Side 10 Side* 5 /story Rear** 20 Minimum Lot Size 5,250 Maximum Building Height 35 Minimum Street Frontage 40 Street Frontage on Cul-de-sac 30 * Measured from property line ** Measured from building to building This is the first phase of the project which provides single family dwellings, each on their own platted lot. The previous residential phase was constructed as amulti-family development, where all units aze located on one building lot. Therefore, Staff recommends that the previously approved PD setbacks apply to this project, with the exception that the rear yard setback be in accord with the R-8 standard of 12 feet, measured from property line. i. Summary of Proposed Streets and/or Access (public, private, common drive, etc.): The primary access to this phase of the development will be from an existing public street, S. Touchmazk Way, which currently connects with Franklin Road. Two public streets will serve the homes within the development. A private street is proposed to connect to the south with an existing private street within the Meadowlake Village development, E. Putter Drive. (See Preliminary Plat Analysis and Variance Analysis below for more information). ACRD is supportive of the proposed street layout as long as all Site Specific and Standard Conditions of Approval are met (see Exhibit B). 7. COMMENTS MEETING On April 1, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Public Works Department, Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 The subject site is designated `Mixed Use -Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process; • 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; • 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; and • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. The following standards apply to the Mixed Use -Community Comprehensive Plan designation: • Up to 25 acres ofnon-residential uses permitted within the Mixed Use -Community areas as shown on the Future Land Use Map; • In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non- residential uses shall be permitted (through the CUP process); • Up to 200,000 sq. ft. ofnon-residential building area; and • Residential density of 3 to 15 units /acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - 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. 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 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. Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 17, 2007 The subject application proposes single family detached dwellings. As the site is part of a larger residential concept for the Meadowlake development, where single family attached and multi- family units are also proposed, Staff does find that, if approved, the development will contribute to the variety of residential housing in this area. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. North, south, and west of the subject subdivision will be additional future residential developments located within the Meadowlake Village community. East of the site are existing single family dwellings sited on 0.25-acre lots within the City of Boise. However, they are buffered by the Ridenbaugh Canal. Because the existing and anticipated land uses are also residential, Staff finds that the proposal is generally compatible with surrounding developments. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Staff believes that, with the addition of an additional street connection, the subject application would comply with this Comprehensive Plan objective. Please see Preliminary Plat Analysis below for more information. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. As required, several micropathways will be constructed which will offer means for bicycle and pedestrian travel within this subdivision and between future adjacent Meadowlake Village subdivisions. Additionally, sidewalks will be constructed along all local streets. • 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, at minimum, temporary fencing should be constructed around the perimeter of this site. Staff finds that the proposal is generally harmonious with the Future Land Use Map designation for this site, is harmonious with the surrounding area, and generally does meet the goals and policies 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. ZONING ORDINANCE a. Zoning Schedule of Use Control: Per the approvals for annexation (AZ-99-021) and the planned development (CUP-99-039) for The Touchmark Living Centers / Meadowlake Village development, single-family detached developments are a permitted use in the L-O zone. b. Purpose Statement of Zone: The purpose of the L-O zone is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar used which shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration, or emissions of a nature offensive to the overall purpose of the District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT ANALYSIS: Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 The Applicant, Touchmark of the Treasure Valley, has requested modification of the existing PD (CUP-03-005) for a platted single-family residential subdivision, Meadow Lake Village North. When Touchmark was approved in 2001, it was approved as a conceptual Planned Development (PD) with a mix of office, retail, single-family residential, and multi-family residential uses. As part of the original approval, the single family products were approved under a different configuration and phase of construction. This application will modify the previously approved concept plan. The subject project site is approximately 20 acres in the heart of the Meadow Lake Village development. Staff is generally supportive of the modification (please see Preliminary Plat analysis for more information). PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that this is a good location for the proposed single-family residential products. Staff also believes that the design of the plat is in general conformance with the UDC. Please see Exhibit B for conditions of approval and Exhibit D for detailed analysis of the required facts and findings for a preliminary plat. 1. Access /Streets: The preliminary plat which went before the Commission proposed internal public streets which terminated in dead-ends as cul-de-sacs. A temporary, fire-access was planned at the terminus of S. Worth Court to provide the Fire Department with alternate access to the development. The proposed cul-de-sacs exceeded the City's standard for cul-de-sac length and, hence, necessitated a variance. Additionally, the Comprehensive Plan requires street connections between subdivisions /developments at regular intervals to enhance connectivity within the City, a reason why City Staff did not support the requested variance. The Commission agreed. The revised plan maintains primary access from an existing public street, S. Touchmark Way, which currently ties in with Franklin Road. The two public streets, S. Worth Court and Biel Court, proposed to serve the development still terminate as cul-de-sacs. However, an additional access is now planned via a private street, which will connect S. Worth Court with an existing private street provided with the Meadowlake Village development, E. Putter Drive. The public roads within the development are proposed at 34-foot wide street sections, 8-foot parkways, and 4-foot wide attached sidewalks within 50 feet of right-of--way. The private street must maintain a 26-foot wide travel lane, as measured from face of curb, per the request of the Fire Department. Staff and ACHD are supportive of the revised plan, as long as all Site Specific and Standard Conditions of Approval are met (see Exhibit B). 2. Parl~ng: UDC 11-3C-6A requires all single family dwellings with 2 or more bedrooms to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. Additionally, as the proposed streets within the subdivision will be 34-feet in width, measured front-of--curb, there street parking as well. The proposal also depicts several parking stalls located within the cu-de-sac islands. Staff believes that the development ample parking for its residents. 3. Elevations: The Applicant has not submitted building elevations for the proposed single family detached structures. However, Staff was able to locate elevations that were approved with the application for a Planned Development (CUP-99-039). Construction of these units should substantially comply with the previously approved elevation. Staff has included these elevations with the subject staff report (see Exhibit A). Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Staff cannot locate whether office /commercial elevations were submitted with the original annexation and PD for the site, and the Applicant has not submitted building elevations for the proposed office /commercial lots. Staff recommends that either the Applicant, provide said information to Planning Staff prior to the public hearing or at the time of the public hearing. Additionally, the Applicant should provide a concept plan for the office /commercial lots which depict the orientation of buildings, the parlang lot layout, and how these buildings will access the public road system. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 5. Fencing: At the public hearing, the Applicant should state whether permanent fencing will be installed around the perimeter of the subdivision. The Applicant should submit a detailed fencing plan with the fmal 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 perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 6. Ditches, Laterals, and Canals: The Ridenbaugh Canal courses along the eastern boundary of this site. UDC 11-3A-6 requires all irrigation ditches, laterals, canals, and drains to be piped. However, the City Council has the ability to waive this requirement for large-capacity facilities. In the past, the Council has granted waivers for large-capacity facilities if a 48-inch or larger pipe would be required, if the Applicant can provide documentation that a 48" or larger pipe would be required for covering the Ridenbaugh Canal. As the Applicant has provided Staff with said documentation, Staff recommends that the Council grant a waiver of tiling the Ridenbaugh Canal. Staff further recommends that 6- foot tall open-vision fence be constructed on the east side of the property. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 7. Landscaping: The Applicant has provided 5.18 acres (26.1 %) of landscaped open space, exceeding the 5% minimum required by UDC 11-3G-3A-1. The majority of open space is provided in the form of parkways throughout the entire development. Staff is generally supportive of the revised landscape plan prepared by WRG Design, Inc., labeled Sheets L00 - L8, and dated 5/29/2007. The plan shall demonstrate compliance with the following standards. Per the conditions of approval for the Touchmark Living Center / Meadowlake Village development, the following landscape buffer is required: 10 feet minimum adjacent to the Edgeview Estates Subdivision (beyond the canal easement). This landscape buffer should be included as part of the adjacent common lot. Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees at a density of 1 per 35 linear feet of street frontage (UDC 11-3G-3B). Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Per UDC 11-3A-8, all micropaths shall be a minimum of 5-feet wide with 5 feet of landscaping on either side of said path and shall also contain trees at a density of 1 per 35 lineal feet. Per UDC 11-35-SB, plant sizes upon installation shall be, at minimum, 2-inch in caliper for all ornamental and shade trees and 6-foot in height for all evergreen trees. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Meadowlake Village North Homeowners Association. 8. Tree Mitigation: Per UDC 11-3B-10, any tree over 4" in caliper that is removed from the property should be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. 9. Open Space /Amenities: The Applicant proposes to set aside 5.18 acres (26.1 %) of the property) in landscaping and open space. Staff is supportive of the provision of parkways throughout the project. Staff also supports the two large common areas as an amenity, as it provides useable recreational opportunities for the residents. All common lots that are approved as open space and will function as drainage areas shall be vegetated and usable by residents. Maintenance of all common areas should be the responsibility of the Meadowlake Village North Homeowners Association. 10. Ezisting Structures: Any existing structure that spans across proposed lot lines should be removed or relocated prior to signature of the final plat by the City Engineer. DEVELOPMENT AGREEMENT ANALYSIS: The Applicant has also submitted a Miscellaneous application (MI) requesting modification to the previously amended development agreement, the May 2003 Addendum recorded August 14, 2003, Instrument No. 103137119, for the Touchmark Living Centers / Meadowlake Village development, located in a L-O zone. That addendum approved a revision to the original phasing plan for Phase III. This addendum also proposes amending the construction requirements for Phase III of the development. Items 2, 3, 4, 6, 8, & 9, are to be deleted as part of the requirements for completion of Phase III, the development proposed under this application, as these items are no longer considered to be within the scope of said phase. Item 12 should be deleted, as it duplicates Item 5. Items 1 and 5 are to be modified to eliminate references to `Street H.' As all homes within this phase are to be single family units, Staff recommends that all references to patio homes be eliminated, as well. Items 1, 5, 7, and 13, "PHASE THREE -Begin in the Summer of 2006, Completion in 2009" should be modified to state: 1. Installation of domestic water distribution system and sanitary sewer collection system in all streets and cul-de-sacs to Phase Three cottages. 5. Public utilities along all streets and cul-de-sacs in Phase Three. 7. Construction of the street base for the Phase Three streets and cul-de-sacs. 13. Construction of cottage units and landscaping in Phase Three. This modification will nullify the May 2003 Addendum. Staff supports the proposed amendment to the recorded Development Agreement for this site. Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 b. Staff Recommendation: Based on the above analysis, Staff finds that the subject PP /CUP / MI applications generally conform to the Comprehensive Plan policies, UDC standards, and the conceptual PD for the Touchmark Living Centers / Meadowlake Village development. Staff recommends approval of said PP, CUP, and MI applications subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this proiect on Mav 17 2007. At the public hearinE, they moved to recommend approval of the subiect PP CUP and MI applications. The Meridian Citv OLIIC~I heard thpc.. itpmc nn Tnnn G 7^^1.. '2 and lv 17.2007. A he ~lv 17.2007. n ~blic hea 'n hey approved he nbie .applications 11. E~~ITS A. Drawings 1. Vicinity Map 2. Original Concept Plan (CUP-99-039) 3. Modified Meadowlake Village Concept Plan (CUP-03-005) 4. Preliminary Plat (REVISED: May 29, 2007) 5. Landscape Plan (REVISED: May 29 2007) 6. Residential Elevations B. Agency Comments 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 9. Nampa & Meridian Irrigation District C. Required Findings from Unified Development Code D. Preliminary Plat and Landscape Plan Submitted With Application Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 13 ~ s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ~ ~ ~ ~~' ~ v ~ SCJl6€: ~`~~II~ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2. Original Concept Plan (CUP-99-039) • ~. .. .~ a?•_ ,. i~ ~.'~ Approximate ' _.P.~°r~~ .,`~:~~o~_~:4 - - L 4 F~ ~ ~ fit' y $ r ~I ~~ ~, Area of Subject .;=`~~~°, ..~ ; ~~ 9'` w~ ~'` ~ ~`+ Application -~~~ ~_:-.a ,._ ~~ `~ t a'° ~°+o- ~°;~',a q $ '~ -~; ° a ®~•~~ ! ~ - :,~ ,~,~_~ ~ `, `~ ~ ham, i ® " 'tel. °~ ~' ,~ P ~,- ~ ~ Rio- -Ciq~' _ ~ a ~ ~ ~ ! _ _ . ~5.~ .: ~ S tom, ~a ;;,~ ~ ~ • _ ~, v. °a:~i ~ ~ ~~ _ J ~ s ~ ~ ~' s ~ ~° "' , ~R~a' °~~ _ of ~ Y8 ,. ~ ~ ' s t ~, .. 1 a . , A '6 '• ~~ ~ ~.,•"~. r `"~`~ .~ ~ 5 ~' r ~` a I ~ ~` '° I - ~ ~.i_.~.. ~. ,-tee ~,,,~. ~ ~ ~.. ~..~...~~ - d . ~~.o.. .~. s . ~. ~, ~ .~ ~ _ ,~ ; o :~# •. Y xe~ '71 4 .. ~ y ~'• ' y~ ' ~ _.yw-- ~ 6 .. _ ~ _ i _ , .. 1 ~ .,M.. ~ ~ .~ a ••' iy ~~ ~ ~a ~ ]. 4 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 3. 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Fi tP „Ys ~iD m~r{~ ~i ~1,~) ~ ~' ~ _i ~ '~ ' ~B ~t1 ~ 3~ C' ~3 -: !~~ i ®• j ~; ~~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 w 1° '~1 'A ~F+9. ~D .lll~ib~lPlh1~101 --_,®~ ~ :. ~~ ~ III ~S~Hd - ~~ ~}~f'IMOC~34"~! ~;,~ ~; ~ Q ~ m ~ ~ 11t"Pd R~F'~N1Y+IP1~td ~ ~- -~'~':i~' ~ ti 3 .: 1 +7 ;~ o I I ~ ~yj• to '~i ) y F a 4~~ ~~' ~~ ¢` f,, b: I 4~ • 'S ~. ~ ... ~ ~ .. n ~ ~ ~~ ~ ~ `F''k E'"' [ . ~. ~. ~` .x~t ~•,. ~,5. lE. ~~ ~ y ~ 1 i}t~- n~ ~ ~..~ ~ ~~ _ _y ,. ~.`. ~ ~F~~ r~c ~ $ ~~~ e e'r ~ ~ '#~~: ~~ 1. o-e ~A ~r ~ . rl Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ,...,.,~,;.~, ....> ~1 a i. t ~r i r r ~ ~ ~~~ ~~1s6;'d ~' 1f~ 1 IW=1 ~i7IY' tirlLrYY`a~ ~ ~ ~ i~ ~' ~, P° i 1 ~~ S 5 ~ ~' t .+ H y z ,:. t+~ ~ ~ a~. -~....~.~~~~'917C~® ~ , ,~~~~~~ , . , . , ~~ I t~hl~s.,aiasiaia. v ~~~ r T ~ ~~ ,;. ~ ~ r ~ .~ ~., sr ~ ~ ar ,dry ~ ' ~~ ,' ' C t ~ ~ Iy =-'=~: ffid ~ y ° 1 i ,:. 1, a r ~S v ' a ~ ~&x 1 ti ~, P 1 5 1 r tii Y ~ ~.r 0 ~ i ~, a ~ P_ i f ~ ~ P ~~ ~~ ~~ ~ ~ *~ IQSE { ~ ,~:.t s ,. ~•~ .. ~ ~ ` ~~ ~~" ' j ~.~ ~ °X ~ ~. _ = rr« f ..- ~ • P ~ ~",n.~` ~~ ~~ ,~ ~'- r ~Q~ ~ ~_ r t Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 5. Landscape Plan (REVISED: May 29.2007) • • a ~ . a Itl 3SV'Hd 3®bllU 3~'IAADQt/3W ~ ~ B g 7 9~ y 9 ®3 7 rr~i' ~ i W C7 ~C a 9 W a 0 A W V a w W O ~~~~ a°~A ~w®z ~~~~ ~~~~ a d ~ w w v 2 O 9• -~_ 9~. P7 ~ .. C ~~g~ 0 ~I z ~i~ i a kC n~ $ ~~ ~ '~ ~~ Cs~~ ~ ~~ a ~ ~~ E ~~ ~ 9 ~ ~~~ 6 ~ ~ ~~ ~~~ 4~~ ~ ~~~ ~ ~~ ~ °~ ~~ ~~ 6 ~ ~y ~~ ~~ ~~ ~~ :..~ o Ri ~ ~ ~~~~~~ ~ ~~f~d~ a Q ~ q ~~~ ~~ ~ ~~ ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ~ ~ rer a+ra +a+.a,mecrv~ ~" 1~a~~@4zl~~~~~~ ', ~a®~ad,e ~leiaa~l Y ! b Y P pps^s CCC y ® ~~ ~~~~~~ ~~~~r ~~~~[~I ~~ i~ ~i t r~ ~ I p 'idf ~ i ~ ~w~" Exhibit A :Yi1 ~ A ~I1 1~1 ~ }'~`T1111 ~ ~W R 0 0 + +4.~ .~ ( i ~ ~ I ~ y { I r "~; . r.~'' ; I[ ' II ~ KK,,i ~ f ~ ~ (~ ~~ s ~Er`•1 + t t ~ ~ ~ 1~ II ;P ~ .r ~a ~ < <l ~~- a s dr \. ~ t, k~ '~~ , ~~ 1 ~ ~''i ~ tea' i ~~ a`~; '~~ ~' ~ ~ +~ _ ~ r r ~-~ rd~ ~' b ., ~ .: r r~;.l fnz~~, i '' f. , ~ ~~ 3 ~ ~' sue? { } 4 h b t Lr ~' . ~/~ /''r r ~ ;. 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J ~ 11 +~ ~ }q J ~ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 m. ~..r , ®..... ae~ ® 0'~1 ~OS~4M48'3ffi ~.~.,~ w ~ . _« ~sa~~~~~~~~~~ ~~~aa~o~~~s~s~ 1 ri ~ ~I~~~~~~~i~ ~ ~ ~~~ ~ ~ ~ - tV6-'Id ~Itt~nn~-~ v ~~ ~~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ~~~ ~ „„~ +J i ~ P9~ i ®YFF ~ .arTgL .~V FfVi IIl ~S A ~~Ob~3~1 ~ ~ ~ ~ `' t~P+~d E1hJIdNVid ~~~CIA1+d't ~ ~ ~$~9~ a~ ~ ~ ~e~ ~ 8 yy g . ~', ~•'; ~ ~ ~1 ic'~i -i ;. ,~ m ~ ~ ~~ ~~ ~ ~k t ~ ~ ~_ ~ _ , r _ ~.. d.y'.. f fit.+~ d ` ~¢:' ~. c~ ~ I 0 ,~ ~ '!° -t ;~:, ~~ ~ >~ 1 .,~ ..~--~ ~--" ~, ~°' s ~ ' 5 t~, ~,/~ i Q~`a .~~ ~ _,. ,~" ~ i ~, B ,~.'~.. ~' I.;. .~ ,5 1 ~ C `~ ~ o °~ ~~~ ~, ~. ~y e B d d b ~ e ~.. y eF"! " t t f ~ ,y C (~ ~ I yp 1 ~~ F F F , L L L G ~ ~ ~~ _ ~ I ~~ ~ - ~ ~. ~ i e ~ i ~ . ~ .f ''.. A . t :..N ~6-~ J ` F + +~y ~ ti3 ~ ' e~ ~ ~'~, ~ A i j ~ ~ M &ii e t ~ ~ R y `~; ~. ~---- a r 4 ~` n ~~ ~ ~~ ~ ~. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 aouaRwr~ L~'ll 1l?J`f`itiA ~t!!1. ~U LI€!. ~o.e~ .w..®~wvcn . ~ ru ~sar~ ~ w ~~~~ ~ 8~~~~f1=~~4l~~~ 9:m~s€:~.a:::~4 ~~~~ ~~~~g ~ 1 ~~ ~~ ~:~~~4~~~~ ~ ~ 1, ,,~ ., ,~ ;: ~: f r f ~. ~: a f '~, o '~.. 1 ~ ~' _ r -_______ __ ._--_--.-- ~., __ ~ 45 _~ ~: 1 __ ~ _r~ ~~, -- ~_ 1'' 6 '~'i 't •,,,•' ~o '. ~````~ 4' ~~~~ ~~r ,` ~.. °jb ~~ ,~ ~ ~~. ~...__. - Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 °~ ~F6~YY 'J.~'1'F~/A ~I~ti. dA QL ~~~ 3u~~"~t~ ~~~~ ~~ ~1a6 ~~~ a ~~' .. ' ~_.. 9 ' _ F+ k .. p .. ~ r t- d , , . °, s ti q~ d g d.~ :i ~ ~ .~ ,~ ~- i .r Y ~ ~ o i :~ ~~ e Y p t e ~ e i v rte:--~` , ice.' a_~=:_ f Fib ~ ~° P t ~ 4, i~ i i i °r *~ . w. d'' ~ ~ ~~~ _ ~-~ (~ ~ „ --- ~°'4 ~C~ k~ ~~~~~, ~y k'C 1 tY -.,. ~ ~ ,, ~~ /~, 1 ( ~ e-'r q i 11 ~. 5 i 1 ~~ ~: i i ~~ r ~'~ ~ Illj! !I 14 ~ '' r; ~ ~ ~ i~ ~~~ P ~ ~_ ...~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ...e. ,..,~ ..r... ~P! API w e~ .~a,.4~w~~JT# 'd4~'1'tti'dl . ~ ?I~NW1-lL p ~ ~ . d ~ I!I 3Sb~t{d 3J~''1"I~ti 3N4OO~V'3W 5~ 4 YD~ ~~ 0 a P a ~.. .~ .y~ h4~ uA ,~ Ii 'x'°l'' `Si ~',,'e 5' ~"~~' ~, 1 ,~i ~q, ~ ~~ ~ ~F yT_c9 w~, `~ °''~ f ~•~ r \t r i ,,l , ~~ `~ ` t ~ ., •``` s a ~' " , ~ `,~ ,s !~ ~ve a d .'i ~--._ . Pe ~ ..,~ ,~f { . y' S` *~ tiy` ~ _t~ ~~^ ~ yam: s. ~. ~ '°~. ._ ~ ~1'ry* /, ly 1( a~ ~/ F f ~ l tr ~ fr ref ~ J~ f ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ", a'1°I J1~9"11/J1 !il 34#.L ~ ~CJt1QJ'. $ a®n!~ ~.ra~7as ~l~i I~~ f~- td ~d ~''t a • a a b ~ ~~ ~ .r. .::, e, yl fuf i +~ 'a ~- I ~~ ~. t' f ~ {rt ~n'~ p ~ I J i~ 6 a:' ~~ i!~ ^~ :y :; ~ a Exhibit A i t ~ ~ ~ 1t 1 ;: ,,,. ~ . -,~ r r, ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 6. Residential Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 B. Agency Comments 1.1 CONDITIONAL USE PERMIT COMMENTS 1.1.1 Future construction of the single-family homes shall substantially comply with the elevations in Exhibit A of the staff report. ~a~a+~ste~rr. 1.1.3 The proposed office /commercial lots, Lots 1 & 62, Block 1, shall be subject to Conditional Use Permit approval. At the time of submittal for CUPs, the Applicant shall provide plans for these lots which depict the orientation of buildings, the parking lot layout, and how they will access Nistler Court. not Touchmark Way. Additionall , ty he Applicant shall also supply elevations of the proposed buildings. 1.1.4 Any future subdivision on this property shall require procurement of a CUP in accordance with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheets C00-C03, prepared by WRG Design, Inc., and REVISED May 29, 2007, is approved, with the conditions listed herein. ^ ~ ' °° °+ ' " a ~~ ~° „ri ^Y +^ +'' ° ~'~~ 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. .. , 1.2.5 All roads (public and emergency) shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. Modify all applicable roads to reflect this requirement. 1.2.6 Direct access to S. Touchmark Way shall be prohibited for any lot within this subdivision; place a note on the face of the Final Plat. 1.2.7 The residential setbacks for the proposed subdivision shall be as follows: Setbacks Street to Living Area** 10 Street to Front-Facing 20 Garage** Side Entry Garage** 15 Street Side** 10 Side* 5 /story Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Rear* 12 Minimum Lot Size 5,250 Maximum Building Height 35 Minimum Street Frontage 40 Street Frontage on Cul-de-sac 30 * Measured from property line ** Measured from back of sidewalk 1.2.8 All single family dwellings with shall be required to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. 1.2.9 The landscape plan prepared by WRG Design, Inc., REVISED May 29, 2007, and labeled Sheets Ll - L8, is approved and shall demonstrate compliance with the following standards: • Provide 5.18 acres (26.1% of the site) for landscaping and open space. • Graphically depict the 10-foot minimum landscape buffer adjacent to the Edgeview Estates Subdivision (beyond the canal easement). This landscape buffer should be included as part of the adjacent common lot. • Per UDC 11-3G-3B5 all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk AND contain one Class II tree for every 35 linear feet of parkway. As it stands, with appro~mately 3,5001ineal feet of frontage is proposed within the development. Therefore, 102 street trees should be provided. Only 89 are depicted on the plan. Install 13 more trees within the proposed street parkways. • All Inicropathways shall be, at minimum, 5 feet wide and constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, fencing is required adjacent to all Inicropathways and common areas. Said fencing shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas on the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • 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 City Council signature of the Final Plat. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). ~~ .......-b 4L-.. n: '--'-annh-!'' ~ 4 mot. ^.,,,, ~.. 1-_r ~+•.... n '' The A b ~~~ °" pplicant shall construct Crfoot tall, open-vision fencing on the east side of the development. 1.2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 1.2.12 Maintenance of all common areas shall be the responsibility of Touchmark of the Treasure Valley LLC and / or any subsequent owner of the Meadowlake Village development. Exhibit B ® i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 1.2.13 The Applicant shall submit to Planning Staff a completed private street application prior to s~I bmittal of the final plat for Meadowlake Village North 1.3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 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. 1.3.8 All open ditches or laterals that cross the subject site shall be tiled in accordance with the UDC (with the exception of the Ridenbaugh Canal, if waived by City Council). 1.3.9 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.10 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains to the north of this project. 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 Prior to construction plan approval the Applicant shall submit signed easements using the City of Meridian's standard forms for ofF site mains. All off-site sewer mains shall have a 14-foot wide all weather access road placed over it to allow for routine maintenance. Exhibit B • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.3 The Applicant shall revise the common lot proposed to house the sewer main to be 20-foot in width, and dedicate a City of Meridian sewer easement over it. The sewer shall be centered within the buildable, with none of it being installed within a buildable lot. All lots must still meet the minimum dimensional standards. 2.4 No trees shall be allowed within the City of Meridian's sanitary sewer easements. Coordinate with the Planning Department for compliance with this condition while still meeting all landscaping ordinance. 2.5 Water service to this site is being proposed via extension of mains in Touchmark Way. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 Due to the number of lots proposed with only a single water connection the Applicant shall be responsible for a second water connection. The water connection shall not be routed through a buildable lot, but rather a 20-foot wide common lot with a City of Meridian water easement dedicated over it. 2.7 The Applicant shall comply with one of the following: 1. Either provide two water stubs to the northern boundary, location to be coordinated with the Public Works Department; or 2. Provide one water stub to the north and when the northern property develops, a connection to the Franklin Road with a PRV shall be required. 2.8 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. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Historically, the requirement to the the Ridenbaugh canal has been waived by City Council. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 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). 2.11 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. 2.12 With the final plat application the applicant shall be required to dedicate 5-foot wide Public Utilities, Drainage, and Irrigation easements along interior lot lines, and 10-foot wide Public Utilities, Drainage, and Irrigation easements along rear lot lines. 2.13 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. Exhibit B o • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.14 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the Developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.15 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.16 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. 2.17 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. 2.18 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. 2.19 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. (Residential Only) 2.20 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. 2.21 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. (Commercial Only) 2.22 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. (Residential Only) 2.23 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. 2.24 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. 2.25 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.26 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Exhibit B a ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.27 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. 2.28 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. 2.29 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. 2.30 One-hundred watt, high-pressure metal-halide streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure metal-halide 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. The Meridian Public Works Department considers metal halide ctreetliuhtc to hP a r~r rnrativa rRhr Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. 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 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4. 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 a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal public and private roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over Exhibit B • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 750' ]FC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %Z the diagonal measurement of the full development. 3.10 Building setbacks shall be per the International 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 GVW. 3.12 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. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knox box entry system for the complex prior to occupancy. 3.15 The first digit of the office suite shall correspond to the floor level. 3.16 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). 3.17 All aspects of the building systems (including exiting systems), processes, and storage practices shall be required to comply with the International Fire Code. 3.18 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. 3.19 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 The fire department is opposed to any landscape island in the middle of a cut de sac that may prevent a fire truck from turning around on the end of the court. 3.22 Contact Joe Silva with the Meridian Fire Department (888-1234) to address concerns about the cul-de-sacs and secondary access. 4. POLICE DEPARTMENT 4.1 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. 4.2 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. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the internal streets (Kistler Court and Biel Court) as 34-foot street sections with rolled curb, gutter, and 8-foot planter strips within 50 feet of right-of--way; and a 5-foot detached concrete sidewalk located on site within an easement, as proposed. ff any portion of the sidewalk is located outside of the right-of--way, then the applicant shall provide ACHD with a public access easement. 7.1.2 Obtain fire department approval for the reduced street sections, and parking is restricted to one side of the roadway. 7.1.3 Construct an oblong cul-de-sac turnaround with an island at the terminus of Kistler Court and Biel Court with minimum turning radii of 45 feet. No on-street parking is allowed around these turnarounds. 7.1.4 Pave the emergency access to the site (located along the northern boundary) its entire width and at least 30-feet beyond the edge of pavement (as a paved apron), where intersecting Touchmark Way and Kistler Court. 7.1.5 Construct perpendicular parking on the proposed islands at the terminus of Kistler Court and Biel Court, as proposed. 7.1.6 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 may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable 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. Exhibit B CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACRD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 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. NAMPA & MERIDIAN IRRIGATION DISTRICT 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 The District's Ridenbaugh Canal courses along the east boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY OF MERIDIAN PLANNING DE~ TMENT STAFF REPORT FOR THE HEARINGE OF JULY 17, 2007 C. Required Findings from Unified Development Code 1. Conditional Use Permit 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 Council believes the site is large enough to accommodate the proposed single-family subdivision and still comply with all development regulations as outlined in this staff report. Staff and the Commission recommend City Council rely on Staffis analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title; The Counxil finds that the designated Comprehensive Designation for this property is Mixed- Use -Community. The property is currently zoned L-O. Per the approved conceptual site plan, the proposed single family residential uses are generally harmonious with the requirements of the Planned Development for Touchmark Living Centers / Meadowlake Village and the UDC. (See Sections 8 and 10 above for more information regarding the requirements for this use.) 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 Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed subdivision should be compatible with other uses in the general neighborhood and with the existing and intended 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, if the Applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. Staff and the Commission recommend City Council rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 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; Based on comments from other agencies and departments, the Council finds that the proposed use can be adequately served by all of the public facilities and services listed above, if the Applicant complies with the conditions outlined in this report. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD. 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; Exhibit C CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 If approved, the Applicant will be financing any improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare, if the Applicant complies with the conditions outlined in this report. 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; and The Council does not anticipate the proposed uses will create excessive noise, smoke, fumes, glare, or odors. The Council fords that the proposed uses will not be detrimental to people, property, or the general welfare of the area, if the Applicant complies with the conditions outlined in this report. 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 Council fords that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council's attention, if the Applicant complies with the conditions outlined in this report. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and fmal plat, or short plat, the decision-making body shall make the following fordings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. Please see Section 8 of the Staff Report above. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; If approved, the developer will be installing sewer, water, and utilities for the development at their own cost. The Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend City Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Exhibit C CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 Staff and the Commission recommend City Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature(s) of major importance. Staff and the Commission recommend the 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 and the Commission are unaware. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 D. 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F` ,. ® ..`~~, a l f ~, i ~: 9 a . r~. y ~ v ~_ P •.l-mil '``pT Y °e.._ `~ ~r-- °:, ., ~ :.:1 ; p A ru' , $ ~ / •^~ a d H ~d _ ~ o Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 y..~„®,. ~.~.. .+ anra w ~a.r~ «n. a4wm® o~ ,,. ~Oi~E~~=~~~~~~~ ®~asa„ a ~es.ea¢ j'~~ ~~~ ~~~ii~~ ~ ~ ~~ B~Qa~ ~ ~I~i~~ ; ~~~~i ~. ~'~, /" ~.. ~~` `~,~, ' ' ~,. ~, ,o~,, ~, . 0 : ./ ~, ~° ~ ~11V1 ~a~G1 Old 'h 3~tl1Sa31f.1. 3M.L d0 ~f~Ykl~l a III ~a'dHd 3Jb'l'IIA 331b'1M®~lif3W ~ t ~ ~ I ~ e+ro~d ~N+1 adaosal~-n ~a ~~ ~° _~ ~~~ '_`~__ y-' @ ~ ~ I r _ f ~`` e "°~,_ I vi e ~ i ~~ ` ~~ o , i ,LL _ ~ ° : .~~-~ _ , ~~ ~' ~' ~.~= ~::, , _:.,; _~_~~' Exhibit D August 10, 2007 CUP 07-008 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 5-F REQUEST Findings -Request for CUP approval to create 52 residential lots, 2 officelcommercial lots and 10 common lots in L-O zone for Meadowlake Yiliage North -sec of Franklin and Touchmark 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 Affached Findings G~DV`~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials pr®sented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~ e"I"e'b° .aP i ! d M' 'w ~. IrJ.1~--d~9 °~ In the Matter of the Request for Preliminary Plat Approval of 52 Single Family Residential Lots, 2 Office /Commercial Lots, and 10 Common Lots Within the Ezisting L-O (Limited Office) District AND Conditional Use Permit Approval to Modify the Conceptual Planned Development (PD) for the Touchmark Living Centers /Meadowlake Village Development AND Miscellaneous Approval to Amend the Ezisting Development Agreement (DA) for the Touchmark Living Center /Meadowlake Village Development, by Touchmark of the Treasure Valley, LLC Case No(s). PP-07-009, CUP-07-008, & MI-07-006 For the City Council Hearing Date of: July 17, 2007 (Continued from June 5 and July 3, 2007) Findings on the August 14, 2007, City Council Agenda A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 • • 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. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the Applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 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 Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED May 29, 2007, labeled C00 - C03, and prepared by WRG Design, Inc., is hereby conditionally approved. 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, REVISED May 29, 2007, labeled L1 - LS, and prepared by WRG Design, Inc., is hereby conditionally approved. 3. The following modifications to the corresponding staff report were approved by the Meridian City Council on July 17, 2007: a. Condition 1.2.3 to be stricken from the staff report; b. Condition 1.2.4 to be stricken from the staff report; c. Condition 1.2.13 added to the staff report, requiring the Applicant to submit a private street application; d. Condition 1.2.10 to be stricken from the staff report which refers only to the portion that the Applicant provide documentation from the irrigation district that tiling the Ridenbaugh Canal is not necessary; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 • • e. Clarify Condition 1.2.6 to specifically reference "residential" setbacks; f. Modify Condition 1.2.11 to establish that maintenance of all common areas shall be the responsibility of Touchmark of the Treasure Valley, LLC, rather than by the Meadowlake Village North Homeowner's Association; g. Modify Condition 2.30 which calls for sodium streetlights within Meadowlake Village North. As the existing Meadowlake Village development currently uses a metal-halide, the Applicant desires to install the same within the subject subdivision. Public Works is amenable to such only if the Applicant enters into a maintenance agreement with the City which establishes that Touchmark of the Treasure Valley, LLC, is responsible for all maintenance of the metal-halide street lights; and h. Condition 3.9 to be stricken from the staff report which refers only to the portion that the Applicant provide a stub street within the development. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to 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 (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the Applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 • 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 a 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 July 17, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 ~~ By action of the City Council at its regular meeting held on the day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~~~~ COUNCIL MEMBER JOE BORTON VOTED_~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ~ J~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~_ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~- MA~',lJR ~ ~ de WEERD -~~a s~ ATTEST: `~~~ ~~~~ ~~~ F~_ ~ ~~~ ~``% ~~ ; m ~~ 1 W LLIAM G. BERG, Jr., CLARK ~ ®/B®~ s / o' 0 ~ ~ 01 111 I 111111111 \ ` `' a \\ a` Copy served upon: ~V Applicant ~-Planning Department / Public Works Department ~- City Attorney BY' Dated: g- I~l'01 i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PP-07-009, CUP-07-008, & MI-07-006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 STAFF REPORT Hearing Date: 7/17/2007 Continued From: 6/5/2007 & 7/3/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Meadowlake Village North • PP-07-009 ~i~ =`~~ -err h ~.~-1~ r ~r,~. ~:~, ,~ Preliminary Plat of 52 single family residential lots, 2 office /commercial lots, and 10 common lots within the existing L-O (Limited Office) district, by Touchmark of the Treasure Valley, LLC • CUP-07-008 Conditional Use Permit to modify the conceptual Planned Development (PD) for the Touchmark Living Centers / Meadowlake Village development • NII-07-006 Miscellaneous request to amend the existing Development Agreement (DA) for the Touchmark Living Center / Meadowlake Village development NOTE: The Applicant requested continuance of the June S and July 3 Council hearings to allow Staff enough time to update the Staff report to reflect the changes to the proposed development as called for by the Planning & Zoning Commission. The changes to the plat proposed by the Applicant, no longer require a variance for cul-de--sac length. Therefore, Staff has deleted all reference to a request for a variance within the subject report (excepting under the Commission's Recommendations) for simplification purposes for the Council and as the Applicant has withdrawn said request 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Touchmark of the Treasure Valley, LLC, has applied for Conditional Use approval to modify the conceptual PD for the Meadowlake Village development. Concurrently, the Applicant is requesting Preliminary Plat approval of 52 single-family residential lots, 10 common lots, and 2 office / commercial lots on 19.80 acres. The Applicant has also applied for a modification to the existing Development Agreement (DA) in effect for the site. Said applications will be heard before City Council concurrent with the subject PP and CUP applications. The proposed subdivision is located on the south side of E. Franklin Road off of S. Touchmark Way in Section 16, Township 3 North, Range 1 East, B.M. The site has not been previously platted. The property is within the City's Area of Impact and Urban Service Planning Area and is currently zoned L-O and C- G. 2. SUMMARY RECOMMENDATION The Commission is typically the final decision maker on conditional use permit applications and a recommending body on preliminary plat applications; however, as the City Council is the final decision making body on preliminary plat and miscellaneous applications, all of the subject applications are Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 1 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 combined into one staff report. The Commission must make a formal recommendation to the Council on the preliminary plat and conditional use permit applications. The Commission may also review and make recommendations regarding miscellaneous applications, as this application is key to the proposed development. The subject applications (PP-07-009, CUP-07-008, & MI-07-006) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the Applicant's request. Staff is recommending approval of applications PP-07-009, CUP-07-008, and MI-07-006. The Meridian Planning and Zoning Commission heard this uroiect on Mav 17 2007 At the uublic hearing, they moved to recommend approval of the subiect PP CUP and MI auulications However, the Commission recommended denial of the requested VAR application a. S_ ummarv of Public Hearing: i. In favor: Megan Johnson (A~plicant's Representative) & Bruce Dalrymple (Developer VP for Touchmark of the Treasure Valley) ii. In opposition: None iii. Commentins: Welcome Adamson (Meadowlake Village Resident) iv. Written testimony: None v. Staffpresenting application: Amanda Hess vi. Other Staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Connectivity within the Meadowlake development. ii. The Applicant's desire for the development's residents to have a private and safe (no cut- throueh traffic) neighborhood. This is the primary reasoning for the cul-de-sacs and the variance request; iii. Whether the reauest for a variance passes the "Findings Test" (i e a hardship exists that would necessitate a variance). The Commission determined that there is no such hardship; iv. The Applicant did not provide the site plans and building elevations for the proposed commercial lots, as required by Staff However during the public hearing the Developer proposed that each lot be subject to the Conditional Use Permit process in lieu of Staff's rem v. Cul-de-sacs are not conducive to emergency vehicles. c, Kev Commission Chances to Staff Recommendation: i. That, prior to development of either of the two commercial lots in Meadowlake Village North, procurement of CUPs will be required so that the Commission can evaluate the respective site plans and building elevations. and ii. That neither of the commercial lots take direct lot access to S. Touchmark Way d. Outstanding Issue(s) for City Council: i. The Commission supported denying the Applicant's variance request regarding cul-de- Applicant submitted revised plans to Planning Staff which depict a private street connection at the south property line instead of at the northeast corner where the emercency access was r uired see Condition 1.2 3 belowl Also at that time the Applicant formally submitted a letter for withdrawal of the requested variance as the proposed street eliminates the need for said variance Staff has evaluated the new >l lat against the City's re~,ulations, supports the Applicant's revisions and has updated the staff report to reflect the revisions [save the conditions outlined in Exhibit B as the Council should modi theseji Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 ii. Condition 1.2.3 should be removed from the staff report as a public street stub [at the northwest corner of the fro e~rty] is no longer required by Staff,• iii. Condition 1.2.4 should also be removed from the staff report as an emergency access is no longer warranted with the proposed construction of a private street within the development; iv. Staff requires of the Applicant a com leg ted private street application. Please add a condition 1.2.XX) requirin tg he Applicant to submit a private street application; and v. Condition 1.2.10 should be removed from the staff report as the Applicant has provided documentation that a 48" or larger ape would be required for covering the Ridenbaush Canal. a. ;,ummarv of City Co nc'1 Pub is Hea 'ng: i. In favor: Megan Johnson (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staffpresenting application: Anna Carmine vi. Other Staff commenting on application: Len Grady b. ev Issues of Discussion by Council: i. The A plicant's request to install a different tune of street light within the subiect development than typically required by the City. so as be consistent with the ones already constructed within the other Harts of Meadowlake Villaee: and in. The ne for one of the proposed lots to share a driveway. as it does not meet the City's standards for minimum frontaee on a public street. c. Kev Counci Changes to Commission Reco mendation: n. Condition 1.2.3 to be stricken from the staff report• in. Condition 1.2.4 to be stricken from the staff report: iii. Condition 1.2.13 added to the staff report. requiring the Applicant to submit a private street application: iv. Condition 1.2.10 to be stricken from the staff report which refers only to the portion that the Applicant provide documentation from the irrigation district that tiling the 'denbaueh Canal is not necessary: v. Clarify Condition 1.2.6 to specifically reference "residential" setbacks: vi. Modify Condition 1 2 11 to establish that maintenance of all common areas shall be the esponsibility of Touchmark of the Treasure Valley. LLC. rather than by the Meadowlake Villaee North Homeowner's Association: vii. Modify Condition 2.30 which calls for sodium streetlights within Meadowlake Village North. As the existine Meadowlake Village development currently uses ametal-halide, the Applicant desires to install the same within the subiect subdivision Public Works is amenable to such only if the Applicant enters into a maintenance aereement with the Citv which establishes that Touchmark of the Treasure Valley LLC is responsible for 11 intenance of the metal-halide street lights: and viii. Condition 3.9 to be stricken from the staff report which refers only to the portion that the pplicant provides a stub street within the development. 3. SUNIlVIARY RECOMMENDATION Approval Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 After considering all Staff, Applicant, and public testimony, I move to approve File Numbers PP-07- 009, CUP-07-008, & MI-07-006, as presented during the hearing on July 17, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers PP-07-009, CUP-0 7 -008, and MI-07-006, as presented during the hearing on July 17, 2007, for the following reasons: (state specific reasons for denial of the preliminary plat and conditional use permit request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers PP-07- 009, CUP-07-008, and MI-07-006 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: 3805 / 3975 E Franklin Road Meridian, ID 83642 NE% NW'/a & NW% NE% Section 16, T3N, R1E b. Owner /Applicant: Touchmark of the Treasure Valley, LLC 5150 SW Griffith Drive Beaverton, OR 97005 c. Representative: Megan Johnson, WRG Design, Inc. d. Present Zoning: L-O (Limited Office) & C-G (General Retail and Service Commercial) e. Present Comprehensive Plan Designation: Mixed Use -Community f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): REVISED May 29, 2007 2. Date of Landscape Plan (See Exhibit A): REVISED May 29, 2007 g. Applicant's Statement /Justification: Phase III of Meadowlake Village is designed to expand upon and continue the vision of Meadowlake as an active-adult community by providing unique housing opporhznities and lifestyle choices. All applications have been submitted in accordance with the requirements of the City. Phase III will incorporate the same development standards and architectural standards that were used in previous phases. The project will provide active and passive recreational opportunities for the residents. (Please see Applicant's submittal letter for more.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject applications will, in fact, constitute a conditional use as determined by City Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 4 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: April 16, 2007, and Apri130, 2007 (Planning & Zoning Commission) May 14, 2007, and May 28, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: Apri15, 2007 (Planning & Zoning Commission) Ma~/ 11, 2007 (City Council) f. Applicant posted notice on site by: Apri123, 2007 (Planning & Zoning Commission) May 26, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant, undeveloped land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant land, where a mix of office, retail, single-family residential, and multi-family residential uses have been proposed for development. c. Adjacent Land Use and Zoning: 1. North: Undeveloped Meadowlake Village property, zoned L-O 2. East: Edgeview Estates Subdivision No. 1, zoned Rl-C (City of Boise) 3. South: Undeveloped Meadowlake Village property and the golf course, zoned L-O 4. West: Developed and undeveloped Meadowlake Village property, zoned L-O d. History of Previous Actions: In May 2001, The Touchmark Living Centers / Meadowlake Village development was annexed (AZ-99-021) and granted conceptual approval as a planned development (PD) to house a mix of office, retail, single-family residential, and multi-family residential uses in an L-O (Limited Office) zone (CUP-99-039). Please see Exhibit A for original PD concept plan. The subject site, which totaled approximately 160 acres, was proposed to develop in multiple phases. A development agreement was recorded which outlined the requirements of construction for each of the phases. Each of the phases requires detailed CUP approval. Future phases of development will require CUP approval, as well. In 2003, a modification to the PD with an associated annexation application came before the Planning & Zoning Commission. An approximately 5-acre property which bisected the north half of the Meadowlake development was acquired by Touchmark of the Treasure Valley, and a new concept plan proposed to better unify the site. Please see Exhibit A for modified PD concept plan. Several improvements in Phase I of the project included construction of the major streets within the development, such as S. Touchmark Way; the landscaping along I-84 and a portion of Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 5 CITY OF MERIDIAN PLANNING DE•TMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 Franklin Road; the golf course; the Continuing Care Retirement Center; and some cottage and patio homes at the southeast portion of the property. Phase II saw platting and construction of commercial and office units at the northwest portion of the Meadowlake Village property. The subject applications, Phase III of the Meadowlake Village project, propose modification to the approved PD and CUP concept, and development agreement in effect for development, as this phase is not consistent with the 2003 plan. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing sewer service to mains north of the project. Location of water: There is water in Touchmark Way. Issues or concerns: 1) The need for a second water connection, and 2) The Applicant's narrative did not request a waiver to file the Ridenbaugh Canal, but should do so prior to the City Council public hearing. 2. Vegetation: All existing vegetation must be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Ridenbaugh Canal runs at the east property line. 5. Hazards: N/A 6. Existing Zoning: L-O & C-G 7. Size of Subject Development: 19.8 acres f. Subdivision Plat Information: 1. Residential Lots: 52 2. Non-residential Lots: 2 office /commercial 3. Total Building Lots: 54 4. Common Lots: 10 5. Other Lots: 0 6. Total Lots: 64 7. Open Lots: 0 8. Residential Area: ~ 12.38 acres 9. Gross Density: 2.62 units per acre 10. Average Lot Size: 9,987 square feet g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 5.18 acres (26.1 %) 4. Other landscaping standards: Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 shade tree per 8,000 square feet (LTDC 11-3G-3-E2). Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees (UDC 11-3G-3B-5). h. Proposed and Required Non-Residential Setbacks: The L-O district does not have established residential setbacks, as single family dwellings are not considered allowed uses per City Code. However, the Meadowlake project was approved as a PD to specifically include residential units under the blanket zoning of L-O. Under said PD, the following setbacks for the residential portion were approved as follows: Previously Setbacks Approved Street to Living Area 10 Street to Front-Facing Garage 20 Side Entry Garage 15 Street Side 10 Side* 5 /story Rear** 20 Minimum Lot Size 5,250 Maximum Building Height 35 Minimum Street Frontage 40 Street Frontage on Cul-de-sac 30 * Measured from property line ** Measured from building to building This is the first phase of the project which provides single family dwellings, each on their own platted lot. The previous residential phase was constructed as amulti-family development, where all units are located on one building lot. Therefore, Staff recommends that the previously approved PD setbacks apply to this project, with the exception that the rear yard setback be in accord with the R-8 standard of 12 feet, measured from property line. i. Summary of Proposed Streets andlor Access (public, private, common drive, etc.): The primary access to this phase of the development will be from an existing public street, S. Touchmark Way, which currently connects with Franklin Road. Two public streets will serve the homes within the development. A private street is proposed to connect to the south with an existing private street within the Meadowlake Village development, E. Putter Drive. (See Preliminary Plat Analysis and Variance Analysis below for more information). ACRD is supportive of the proposed street layout as long as all Site Specific and Standard Conditions of Approval are met (see Exhibit B). 7. COMMENTS MEETING On April 1, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Public Works Department, Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 7 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 The subject site is designated `Mixed Use -Community' on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The following standards will serve as general guidelines for development in these Mixed Use areas: • All development within this designation will occur only under the Conditional Use Permit process; • 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; • 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; and • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. The following standards apply to the Mixed Use -Community Comprehensive Plan designation: • Up to ZS acres ofnon-residential uses permitted within the Mixed Use -Community areas as shown on the Future Land Use Map; • In r/Iixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non- residential uses shall be permitted (through the CUP process); • Up to 200,000 sq. ft. ofnon-residential building area; and • Residential density of 3 to 15 units /acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Mu~aicipal, 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 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. Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 8 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 The subject application proposes single family detached dwellings. As the site is part of a larger residential concept for the Meadowlake development, where single family attached and multi- family units are also proposed, Staff does find that, if approved, the development will contribute to t`he variety of residential housing in this area. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. North, south, and west of the subject subdivision will be additional future residential developments located within the Meadowlake Village community. East of the site are existing single family dwellings sited on 0.25-acre lots within the City of Boise. However, they are buffered by the Ridenbaugh Canal. Because the existing and anticipated land uses are also residential, Stafffinds that the proposal is generally compatible with surrounding developments. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Staff believes that, with the addition of an additional street connection, the subject application would comply with this Comprehensive Plan objective. Please see Preliminary Plat Analysis below for more information. • Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. As required, several micropathways will be constructed which will offer means for bicycle and pedestrian travel within this subdivision and between future adjacent Meadowlake Village subdivisions. Additionally, sidewalks will be constructed along all local streets. 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, at minimum, temporary fencing should be constructed around the perimeter of this site. Staff finds that the proposal is generally harmonious with the Future Land Use Map designation for this site, is harmonious with the surrounding area, and generally does meet the goals and policies 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. ZONING ORDINANCE a. Zoning Schedule of Use Control: Per the approvals for annexation (AZ-99-021) and the planned development (CUP-99-039) for The Touchmark Living Centers / Meadowlake Village development, single-family detached developments are a permitted use in the L-O zone. b. Pulpose Statement of Zone: The purpose of the L-O zone is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar used which shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration, or emissions of a nature offensive to the overall purpose of the District. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT ANALYSIS: Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 The Applicant, Touchmark of the Treasure Valley, has requested modification of the existing PD (CUP-03-005) for a platted single-family residential subdivision, Meadow Lake Village North. When Touchmark was approved in 2001, it was approved as a conceptual Planned Development (PDT) with a mix of office, retail, single-family residential, and multi-family residential uses. As part. of the original approval, the single family products were approved under a different configuration and phase of construction. This application will modify the previously approved concept plan. The subject project site is approximately 20 acres in the heart of the Meadow Lake Village development. Staff is generally supportive of the modification (please see Preliminary Plat, analysis for more information). PR]ELl`MINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that this is a good location for the proposed single-family residential products. Staff also believes that the design of the plat is in general conformance with the UDC. Please see Exhibit B for conditions of approval and Exhibit D for detailed analysis of the required facts and findings for a preliminary plat. 1. Access /Streets: The preliminary plat which went before the Commission proposed internal public streets which terminated in dead-ends as cul-de-sacs. A temporary, fire-access was planned at the terminus of S. Worth Court to provide the Fire Department with alternate access to the development. The proposed cul-de-sacs exceeded the City's standard for cul-de-sac length and, hence, necessitated a variance. Additionally, the Comprehensive Plan requires street connections between subdivisions /developments at regular intervals to enhance connectivity within the City, a reason why City Staff did not support the requested variance. The Commission agreed. The revised plan maintains primary access from an existing public street, S. Touchmark Way, which currently ties in with Franklin Road. The two public streets, S. Worth Court and Biel Court, proposed to serve the development still terminate as cul-de-sacs. However, an additional access is now planned via a private street, which will connect S. Worth Court with an existing private street provided with the Meadowlake Village development, E. Putter Drive. The public roads within the development are proposed at 34-foot wide street sections, 8-foot parkways, and 4-foot wide attached sidewalks within 50 feet of right-of--way. The private street must maintain a 26-foot wide travel lane, as measured from face of curb, per the request of the Fire Department. Staff and ACHD are supportive of the revised plan, as long as all Site Specific and Standard Conditions of Approval are met (see Exhibit B). 2. Parl~ng: UDC 11-3C-6A requires all single family dwellings with 2 or more bedrooms to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. Additionally, as the proposed streets within the subdivision will be 34-feet in width, measured front-of--curb, there street parking as well. The proposal also depicts several parking stalls located within the cu-de-sac islands. Staff believes that the development ample parking for its residents. 3. Elevations: The Applicant has not submitted building elevations for the proposed single family detached structures. However, Staff was able to locate elevations that were approved with the application for a Planned Development (CUP-99-039). Construction of these units should substantially comply with the previously approved elevation. Staff has included these elevations with the subject staff report (see Exhibit A). Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 10 CITY OF MERIDIAN PLANNING DE~RTMENT STAFF REPORT FOR THE HEARINGDATE OF JULY 17, 2007 Staff cannot locate whether office /commercial elevations were submitted with the original annexation and PD for the site, and the Applicant has not submitted building elevations for the proposed office /commercial lots. Staff recommends that either the Applicant, provide said information to Planning Staff prior to the public hearing or at the time of the public hearing. Additionally, the Applicant should provide a concept plan for the office /commercial lots which depict the orientation of buildings, the parldng lot layout, and how these buildings will access the public road system. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 5. Fencing: At the public hearing, the Applicant should state whether permanent fencing will be installed around the perimeter of the subdivision. The Applicant should 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 perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 6. Ditches, Laterals, and Canals: The Ridenbaugh Canal courses along the eastern boundary of this site. UDC 11-3A-6 requires all irrigation ditches, laterals, canals, and drains to be piped. However, the City Council has the ability to waive this requirement for large-capacity facilities. In the past, the Council has granted waivers for large-capacity facilities if a 48-inch or larger pipe would be required, if the Applicant can provide documentation that a 48" or larger pipe would be required for covering the Ridenbaugh Canal. As the Applicant has provided Staff with said documentation, Staff recommends that the Council grant a waiver of tiling the ltidenbaugh Canal. Staff further recommends that 6- foot tall open-vision fence be constructed on the east side of the property. All other open ditches or laterals that cross the subject site should be tiled in accordance with the UDC. 7. Landscaping: The Applicant has provided 5.18 acres (26.1 %) of landscaped open space, exceeding the 5% minimum required by UDC 11-3G-3A-1. The majority of open space is provided in the form of parkways throughout the entire development. Staff is generally supportive of the revised landscape plan prepared by WRG Design, Inc., labeled Sheets L00 - L8, and dated 5/29/2007. The plan shall demonstrate compliance with the following standards. Per the conditions of approval for the Touchmark Living Center / Meadowlake Village development, the following landscape buffer is required: 10 feet minimum adjacent to the Edgeview Estates Subdivision (beyond the canal easement). This landscape buffer should be included as part of the adjacent common lot. Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees at a density of 1 per 35 linear feet of street frontage (UDC 11-3G-3B). Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page I 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Per UDC 11-3A-8, all micropaths shall be a minimum of 5-feet wide with 5 feet of landscaping on either side of said path and shall also contain trees at a density of 1 per 35 lineal feet. Per UDC 11-35-SB, plant sizes upon installation shall be, at minimum, 2-inch in caliper for all ornamental and shade trees and 6-foot in height for all evergreen trees. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Meadowlake Village North Homeowners Association. 8. Tree Mitigation: Per UDC 11-3B-10, any tree over 4" in caliper that is removed from the property should be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. 9. Open Space /Amenities: The Applicant proposes to set aside 5.18 acres (26.1%) of the property) in landscaping and open space. Staff is supportive of the provision of parkways throughout the project. Staff also supports the two large common areas as an amenity, as it provides useable recreational opportunities for the residents. All common lots that are approved as open space and will function as drainage areas shall be vegetated and usable by residents. Maintenance of all common areas should be the responsibility of the Meadowlake Village North Homeowners Association. 10. Ezdsting Structures: Any existing structure that spans across proposed lot lines should be removed or relocated prior to signature of the final plat by the City Engineer. DEVELOPMENT AGREEMENT ANALYSIS: The Applicant has also submitted a Miscellaneous application (MI) requesting modification to the previously amended development agreement, the May 2003 Addendum recorded August 14, 2003, Instrument No. 103137119, for the Touchmark Living Centers / Meadowlake Village development, located in a L-O zone. That addendum approved a revision to the original phasing plan for Phase III. This addendum also proposes amending the construction requirements for Phase III of the development. Items 2, 3, 4, 6, 8, & 9, are to be deleted as part of the requirements for completion of Phase III, the development proposed under this application, as these items are no longer considered to be within the scope of said phase. Item 12 should be deleted, as it duplicates Item 5. Items 1 and 5 are to be modified to eliminate references to `Street H.' As all homes within this phase are to be single family units, Staff recommends that all references to patio homes be eliminated, as well. Items 1, 5, 7, and 13, "PHASE THREE -Begin in the Summer of 2006, Completion in 2009" should be modified to state: 1. Installation of domestic water distribution system and sanitary sewer collection system in all streets and cul-de-sacs to Phase Three cottages. 5. Public utilities along all streets and cul-de-sacs in Phase Three. 7. Construction of the street base for the Phase Three streets and cul-de-sacs. 13. Construction of cottage units and landscaping in Phase Three. This modification will nullify the May 2003 Addendum. Staff supports the proposed amendment to the recorded Development Agreement for this site. Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 b. Staff Recommendation: Based on the above analysis, Staff fords that the subject PP /CUP / MI applications generally conform to the Comprehensive Plan policies, UDC standards, and the conceptual PD for the Touchmark Living Centers / Meadowlake Village development. Staff recommends approval of said PP, CUP, and MI applications subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this nroiect on May 17, 2007. At the public hearing, they moved to recommend approval of the subiect PP. CUP. and MI applications. he Meridian City Council heard these items on June 5. July 3. an ulv 17.2007. At the July 17.2007. uublic hearing they annroved the subiect annlicaHons 11. EI~~ITS A. Drawings 1. Vicinity Map 2. Original Concept Plan (CUP-99-039) 3. Modified Meadowlake Village Concept Plan (CUP-03-005) 4. Preliminary Plat (REVISED: May 29, 2007) 5. Landscape Plan (REVISED: May 29, 2007) 6. Residential Elevations B. Agency Comments 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 9. Nampa & Meridian Irrigation District C. Required Findings from Unified Development Code D. Pre ' ,Plat and Landscape Plan Submitted With Application Meadowlake Village North - PP-07-009, CUP-07-008, & MI-07-006 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 A. Drawings 1. Vicinity Map a~ ~a d °a a w ~i. flit sr~u,~: ''~~~P Exhibit A CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 2. Original Concept Plan (CUP-99-039) " _°~®•:} i ~ ~~~ '8 ~ Approximate _~~ ~-`'--¢~ t ~~ ~ ~ Area of Subject ,~- ~' n .~ Application ~•;',~ `" ~ .~ G -- o -...~~ .'f'~•- ~y mod' r. cll~i.IJ _ _ y ~~~~ 9 .~ @~§ r d i~+ f '`^ 6 b ~_~ a u. ~ 4~1 ~~ ~ ~ ~ .a- - ~ _ ~ ;~; _ ~ - _ ~~ { , Pte, a ~ ~`` ~ E ~ ?'" f"fy. f ?• 1 , ~~ ~ '~C ' " ~` . ,.- ~~ ~ ..~ ~ ~ i tl v r ~ ' F~ M ,. ~'r6q y- 6 ~~~ .ti ~v. ~1~4 y, '. ii ~ "~A ~ ~.-_ ly ,' h ~~ ~~~ ~- r _ °' ~.. ~a `°~ - 6 ~ "- 4 -~ . ~~~y~ ~ ~ I ~ = e 4 1 ~a °~ ~~ ~ i ., ~ ~ a ~ ~,-,~ , 4 7 ~ 1 '6 - - ° 3. ~ ~q _y `L G f Exhibit A CITY OF MERIDIAN PLANNING DEI'-ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 3. Modified Concept Plan (CUP-03-005) ~, ~..~ `,' Approxim ~~~ Araa of Qnl ;, ~? ~, 6F~ R V t' Q O ~~ 2 Y ~I 2 ~ ~~ »_ d~ x~ ~. J~~ '~' i }}I w ##ia~' S~ a u a ryV z ~ 1_ E ~ _ - ~ ~ O a ~ n ~ _ _ '-~~ ~.. 1 0 c ra- k Z ~~ Z w ~ 3 r .. z ,,~_ a ~+ ~ ; W S e. ~ LLf ~ . _ ~ -~ ~ I ~ ~ ... ~j' Exhibit A W ~. 0 ~,~ S. 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I~ ~ f _ I r' ~/ +~i r, AAA L ~'y, ~ 1 9 qq, e ~~ ~ • As,~ l~ :'~ i ~': _l Fy ppp ~ ~ 1Y .; h5 ~e e F i ~ *t ` ~s ~~+''1' • t t,\ 1 ~ ~b. 3 l ~ t ~ J f ~' ~f 'w~'i, -- i a s~ ,t } ~ 4~„~` 1 e at9 fir ' ~'~f+ ~ 1 -4~ + l4~ i ~ j Sts . ,~s , ~ j y~'' ~_- •. ~r r a v `~frd ~e f .~a }. ~ A ~. 's f f ,c~ "~' r .~' F ~j. '° f Exhibit A CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 '¢ /e B ~ i 4 ~r~ i~~~~ms ~z~~~m~ ~~d,u€::~ ~~~:~d~ ~~~ ~~~a~ ~ r ~i~~ ~ t~a~e~ ~ ~ a~ ~ . Y ~~.~.` F- Y • ~fp'4~ f ` +~ v . .`a ~ ~s ~~ J 1 A~ ~ i~ f p r ~Gg+ i~ _ g O CY L ., ~ ._~ ,.µ ~ ~~~yyy~~~''' /_ V~f 11 A~°IYJ1 3}tt ~D ~itOl. ON ~~ ~'~ ~ tlY~YV ~>~ ~~ ~ es~ ~i~ f s p e Exhibit A CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING ~E OF JULY 17, 2007 6. Residential Elevations ~~ ~1 i~ Exhibit A CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~E OF JULY 17, 2007 B. Agency Comments 1.1 CONDITIONAL USE PERMIT COMMENTS 1.1.1 Future construction of the single-family homes shall substantially comply with the elevations in Exhibit A of the staff report. ~^'~~: 1.1.3 The proposed office /commercial lots, Lots 1 & 62, Block 1, shall be subject to Conditional Use Permit approval. At the time of submittal for CUPS, the Applicant shall rn ovide plans for these lots which depict the orientation of buildingparkin lg of layout, and how they will access Nistler Court, not Touchmark Way. Additionally, the Applicant shall also supply elevations of the proposed buildings. 1.1.4 Any future subdivision on this property shall require procurement of a CUP in accordance with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheets C00-C03, prepared by WRG Design, Inc., and REVISED May 29, 2007, is approved, with the conditions listed herein. ~* t°~~* ~n a.,<,., ..w,.....,..~.e r~;,~. 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. p 1.2.5 All roads (public and emergency) shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. Modify all applicable roads to reflect this requirement. 1.2.6 Direct access to S. Touchmark Way shall be prohibited for any lot within this subdivision; place a note on the face of the Final Plat. 1.2.7 The residential setbacks for the proposed subdivision shall be as follows: Setbacks Street to Living Area** 10 Street to Front-Facing 20 Garage** Side Entry Garage** 15 Street Side** 10 Side* 5 /story Exhibit B CITY OF MERIDIAN PLANNING DEF7CRTMENT STAFF REPORT FOR THE HEARING~TE OF JULY 17, 2007 Rear* 12 Minimum Lot Size 5,250 Maximum Building Height 35 Minimum Street Frontage 40 Street Frontage on Cul-de-sac 30 * Measured from property line ** Measured from back of sidewalk 1.2.8 Alll single family dwellings with shall be required to have atwo-car garage plus a 20' x 20' parking pad to be sited in front of each garage. 1.2.9 The landscape plan prepared by WRG Design, Inc., REVISED May 29, 2007, and labeled Sheets L1 - L8, is approved and shall demonstrate compliance with the following standards: • Provide 5.18 acres (26.1 % of the site) for landscaping and open space. • Graphically depict the 10-foot minimum landscape buffer adjacent to the Edgeview Estates Subdivision (beyond the canal easement). This landscape buffer should be included as part of the adjacent common lot. • Per UDC 11-3G-3B5 all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk AND contain one Class II tree for every 351inear feet of parkway. As it stands, with appro~mately 3,5001ineal feet of frontage is proposed within the development. Therefore, 102 street trees should be provided. Only 89 are depicted on the plan. Install 13 more trees within the proposed street parkways. • All micropathways shall be, at minimum, 5 feet wide and constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, fencing is required adjacent to all micropathways and common areas. Said fencing shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas on the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • 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 City Council signature of the Final Plat. 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 fmal plat application(s). .. ~ ~ ~ ~ The Applicant shall construct 6-foot tall, open-vision fencing on the east side of the development. 1.2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 1.2.12 Maintenance of all common areas shall be the responsibility of Touchmark of the Treasure Valley LLC and / or any subsequent - _ ---- owner of the Meadowlake Villaee development. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 1.2.13 The Applicant shall submit to Planning Staff a completed private street application .prior to submittal of the final plat for Meadowlake Village North 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 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. 1.3.8 All open ditches or laterals that cross the subject site shall be tiled in accordance with the UDC (with the exception of the Ridenbaugh Canal, if waived by City Council). 1.3.9 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.10 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC'WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains to the north of this project. 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 Prior to construction plan approval the Applicant shall submit signed easements using the City of Meridian's standard forms for off-site mains. All off-site sewer mains shall have a 14-foot wide all weather access road placed over it to allow for routine maintenance. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.3 The Applicant shall revise the common lot proposed to house the sewer main to be ZO-foot in width, and dedicate a City of Meridian sewer easement over it. The sewer shall be centered within the buildable, with none of it being installed within a buildable lot. All lots must still meet the minimum dimensional standards. 2.4 No trees shall be allowed within the City of Meridian's sanitary sewer easements. Coordinate with the Planning Department for compliance with this condition while still meeting all landscaping ordinance. 2.5 Water service to this site is being proposed via extension of mains in Touchmark Way. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 Due to the number of lots proposed with only a single water connection the Applicant shall be responsible for a second water connection. The water connection shall not be routed through a buildable lot, but rather a 20-foot wide common lot with a City of Meridian water easement dedicated over it. 2.7 The Applicant shall comply with one of the following: 1. Either provide two water stubs to the northern boundary, location to be coordinated with the Public Works Department; or 2. Provide one water stub to the north and when the northern property develops, a connection to the Franklin Road with a PRV shall be required. 2.8 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. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Historically, the requirement to the the Ridenbaugh canal has been waived by City Council. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 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). 2.11 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 b~e sufficient to allow for 10 feet of easement past the sidewalk. 2.12 With the fmal plat application the applicant shall be required to dedicate 5-foot wide Public Utilities, Drainage, and Irrigation easements along interior lot lines, and 10-foot wide Public Utilities, Drainage, and Irrigation easements along rear lot lines. 2.13 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 awned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.14 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the Developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.15 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.16 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. 2.17 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. 2.18 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. 2.19 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. (Residential Only) 2.20 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. 2.21 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. (Commercial Only) 2.22 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. (Residential Only) 2.23 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. 2.24 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. 2.25 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.26 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 2.27 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. 2.28 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. 2.29 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. 2.30 One-hundred watt, high-pressure metal-halide streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure metal-halide 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. The ridian Public Works Department considers metal-halide streetlights to be a decorative li t Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIItE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. 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 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it, c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4. 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 a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal public and private roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 G~~W. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %Z the diagonal measurement of the full development. 3.10 Building setbacks shall be per the International 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 cleaz 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. 3.12 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. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knox box entry system for the complex prior to occupancy. 3.15 The first digit of the office suite shall correspond to the floor level. 3.16 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). 3.17 All aspects of the building systems (including exiting systems), processes, and storage practices shall be required to comply with the Intemational Fire Code. 3.18 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. 3.19 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.20 There shall be a fire hydrant within 100' of all fire department connections. 3.21 The fire department is opposed to any landscape island in the middle of a cut de sac that may prevent a fire truck from turning azound on the end of the court. 3.22 Contact Joe Silva with the Meridian Fire Department (888-1234) to address concerns about the cul-de-sacs and secondary access. 4. POLICE DEPARTMENT 4.1 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. 4.2 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. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SI7['E SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the internal streets (Kistler Court and Biel Court) as 34-foot street sections with rolled curb, gutter, and 8-foot planter strips within 50 feet of right-of--way; and a 5-foot detached concrete sidewalk located on site within an easement, as proposed. ff any portion of the sidewalk is located outside of the right-of--way, then the applicant shall provide ACHD with a public access easement. 7.1.2 Obtain fire department approval for the reduced street sections, and parking is restricted to one side of the roadway. 7.1.3 Construct an oblong cul-de-sac turnaround with an island at the terminus of Kistler Court and Biel Court with minimum turning radii of 45 feet. No on-street parking is allowed around these turnarounds. 7.1.4 Pave the emergency access to the site (located along the northern boundary) its entire width and at least 30-feet beyond the edge of pavement (as a paved apron), where intersecting Touchmark Way and Kistler Court. 7.1.5 Construct perpendicular parking on the proposed islands at the terminus of Kistler Court and Biel Court, as proposed. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 HEALTA DEPARTMENT 8.1 After written approval from 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. NAMPA & MERIDIAN IRRIGATION DISTRICT 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 The District's Ridenbaugh Canal courses along the east boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B i r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 C. Required Findings from Unified Development Code 1. Conditional Use Permit 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 Council believes the site is large enough to accommodate the proposed single-family subdivision and still comply with all development regulations as outlined in this staff report. Staff and the Commission recommend City Council rely on Staffs analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title; The Counxil finds that the designated Comprehensive Designation for this properly is Mixed- Use -Community. The property is currently zoned L-O. Per the approved conceptual site plan, the proposed single family residential uses are generally harmonious with the requirements of the Planned Development for Touchmark Living Centers / Meadowlake Village and the UDC. (See Sections 8 and 10 above for more information regarding the requirements for this use.) 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 Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed subdivision should be compatible with other uses in the general neighborhood and with the existing and intended 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, if the Applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. Staff and the Commission recommend City Council rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 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; Based on comments from other agencies and departments, the Council fords that the proposed use can be adequately served by all of the public facilities and services listed above, if the Applicant complies with the conditions outlined in this report. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD. 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; Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 If approved, the Applicant will be financing any improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare, if the Applicant complies with the conditions outlined in this report. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and The Council does not anticipate the proposed uses will create excessive noise, smoke, fumes, glare, or odors. The Council fmds that the proposed uses will not be detrimental to people, property, or the general welfare of the area, if the Applicant complies with the conditions outlined in this report. 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 Council finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council's attention, if the Applicant complies with the conditions outlined in this report. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. Please see Section 8 of the Staff Report above. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; If approved, the developer will be installing sewer, water, and utilities for the development at their own cost. The Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend City Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 Staff and the Commission recommend City Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature(s) of major importance. Staff and the Commission recommend the Council reference 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 and the Commission are unaware. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF JULY 17, 2007 D. Preliminary Plat and Landscape Plan Submitted With A~ lication d•. ®.v»~ . •~.~.. 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N ,. ~ e _ zk; ~; a ~' J ~ ','l •.~ ,Y ~~ 'd 4 p ~ ,Np `y N~ ~ +` `~ i+ ~' F' ~ l der F~ ~ _ ~s~r•s~aryisPti~s~~~va~sr~~eesmm.~__-S_-__.. r~ ~ ~ YKR~ Exhibit D CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARINGE OF JULY 17, 2007 B e f~ 1 ~ ~ ~4t +r ~ 4 r ~ r 1 ', e; e ~ 1 r e r,~~ _ r - _ ~_ -- ~,, ~ ~- - - a, e~ ~~ ~~ e ~ ~ ~ ~f P~ ~ ® ' J1 i C~ s ~ -^' i '`' ~ ~~' _. s ~ ~ ~ ~~~ 9 r ~ i .~ 1 - ~ ~ f~ 5 ' / ` J 1t6S { ~ `,'~ sp t;+ 6 ~ 7 r ~ `~r`~ 1 a °~ ° --`°-~ - - °-°-'-ew s...~.______J___________._ e R Ytl~ eenav Exhibit D CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARING~TE OF JULY 17, 2007 r,,.........,,.,. ~..-~ ~ wwsms w ~®~J dw1W9 ~sR® a ~F s ro e a• a a I ~I~Naw ~ E d ! Jt~l 'il3frir~,'r4'A ~!1'13"~1 311~~Vq~.,~aY~/dN}I~ft0rgl~ f ~f~ ~~ V ~d w 1 i~~l 7 ~1. v i~v^ qp- i ^p6 B °~ IV'9ld !~3iVIl.PIb°Id ~e~`a~~11~ ! ~ ~ N I J ~- ~- 0 '..a :~ "~. , ~'~~ 'i:'~a e' `.r, ~x J~ .tee ,1c . °+ >~~. t~ .. ~,~. V a`,a °~ '!' c 1 ~ ~ i ~e i i i ~ __~--~ la , ~ ~~ t p ~I ~ ~~g F~ ~ J P ~ Oj . `~ _ __.~-'- qD .~ ~ P~. '~ ~ i i+l os r ~~~ --- b 1 ~-~~ Exhibit D 0 Lti~ ~' Y F V+' i __ --- r j, ~ J ~..~-. ~ a.~-.~.. ,.~,. ~~ I~ `A ~~ CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 m~ ~ ~.m .®..m~,.,,a 4a< ~.,:; r °~ ~®~i9 ~'~ ~''a°A 3H 1 3Ft1 ~O ~i~H~fi01 6 111 ~IS'~'~-pd 3~J~lIA 3 t~1~W a m ~ $ '~` MV$d fi~FfI1N~d'ld 3N'IP'1 ~ ~ ~ ~,~mo~.--- ~ -------- R ~ ~ +( 'm' ~~ ~ ~ '~., ~ -~~ m~- ..~- s, ~ ~~ ~ ' ,~ ~ ~Y i `-° ~.. t'~ ~, ,,~ , ~` '0f{, ~ y~ ~" ~j/ e A ~l ~ ~v ~~ :~; e ~ ~.r.-~ ~ ._. e. .w' ~ ,~ ~~i ., ~~-, t /,~'~ d ~/ (/y%' d d ~d d d d d d ~ . Exhibit D CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARING. E OF JULY 17, 2007 aasMO,~+s asyaa.u ~ ~w, «.o.v~s.:m ~ Ir w m ~ • • a ~aaltll=l ~4#~~~ ®Isaffi6Ya~ e~:asf 1~~~1-1i B~Qa~ ~ ~ ~ t ~~ ~ ~ ~ ~ ~~~~~~ ~lli ~ a ~ ~~ r n.a~ t~ tot ,~~ - r i r~ ~' h` \/p f ~~~ ,~w ~j I , :f f i ~• t <~ ~°' ":! .. ~IIV9 `Jl~ `ll3'I'I~A 33kRL 3F#.L d0 '~[kl~fl61 ~ ~ C ~ III ~S~dWd 3'9`'a+ll ll1 3~'4~11N+C?®'k~W a ' c ® ~ ~ ~~ F~ ~: E ~~ ~~~~ ~ a i ,- , ~ . ,:, ~g E~~~o ~ ~be~ ~ ~ r ° ~ ~ 1~~ ~ ~t,~~~~~F ~~ ~~~ ~~j~ 1 ~S d ~~ ~~ ~ g~MlBi[~i •,ij . i; S~ f Exhibit D • August 10, 2007 VAR 07-013 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Joe's Sports, Outdoors and Moore ITEM NO. 5-G REQUEST Findings -Request for a Variance to UDC 11-3E-4C1 to exceed the 500 sf max structure size for a temporary use to allow a 3,800 sf tent for a parking lot sale for Joe's Sports, Outdoors and More -- 3415 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNII~IG DIRECTOR: See Aftached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: /~ MERIDIAN SCHOOL DISTRICT: G ~I1 ADA COUNT`' HIGHWAY DISTRICT: l~ ~ V SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: i shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~;~ ~~ 'ti,~ ,, {Ra, In the Matter of a Variance Request from UDC 11-3E-4C1 to Allow a 7,056 Square Foot Temporary Sales Tent that Exceeds the Maximum Square Footage Allowed for a Temporary Structure, by Joe's Sports, Outdoors, & More. Case No(s). VAR-07-013 For the City Council Hearing Date of: July 17, 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 July 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 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 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). ~/AR-07-013 • 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 Site Plan and temporary use provisions in Section 9.2 in the attached Staff Report for the hearing date of July 17, 2007, incorporated by reference. The temporary use provisions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decisia~n and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Variance request as evidenced by having submitted the Site Plan in the attached Staff Report for the hearing date of July 17, 2007, is hereby conditionally approved; and, 2. The temporary use provisions listed in Section 9.2 of the attached staff report for the hearing date of July 17, 2007, incorporated by reference, shall be considered conditions of approval. D. Attached: Staff Report for the hearing date of July 17, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). WAR-07-013 • By action of the City Council at its regular meeting held on the ~~ ~ day of 2007. a 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, Copy served upon: MAYOR~'~ ~~+ VOTED--~~~ VOTED__~~~Ri VOTED__~y~- VOTED__~~~ VOTED WEERD ~ ~ ~~ i ~ - ~ ~~ _ JR., C C~ ~' ~~ /~ Applicant''~ir,, ~ ~t~~~` / Planning Dep ~arti4~e'14'~"" /' Public Works Department City Attorney BY' Dated: Clerk's Office $- I lQ -0`l CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-013 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 STAFF REPORT HEARING DATE: July 17, 2007 TO: Mayor and City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Joe's Sports, Outdoors, & More • VAR-07-013 ,~ ~F ! «.ca ,i~ j sh'y`, ,./" ~~_ Variance from UDC 11-3E-4C1 to allow a 7,056 square foot temporary sales tent that exceeds the maximum square footage allowed for a temporary structure 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a Variance from Section 11-3E-4C1 of the Unified Development Code (UDC) that restricts temporary structures to a maximum of 500 square feet. The Applicant is requesting approval to erect a 7,056 square foot tent in the parking lot of Joe's Sports, for a temporary sales event. The time period that the applicant is proposing to use the tent is as follows: Set-up July 12-19, Sale July 20-29, and tear down July 30-August 3, 2007. The subject property is located at 3415 N. Eagle Road in Centre Point Marketplace. 2. SUMMARY RECOMMENDATION Staff does not find that the application meets all of the fmdings required in the UDC in order for the City Council to grant a variance. (See the analysis, in Section 9 of this report, for more details.) Staff is recommending denial of the subject Variance application (VAR-07-013) for the reasons listed in the Staff Report. The Meri ian itV oLnc~l h Arr~ th1C 1tPm nn Tnly 17 7M7 A} }ha nnhlin Anas•:~.rr +{, annrovr, dthe subiect VA-R reaLect- Joe's Sports VAR-07-013 Page 1 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARING~ATE OF JULY 17, 2007 3. PROPOSED MOTION (to be considered after the public hearing) Denial I move to deny File Number VAR-07-013, as presented in the Staff Report for the hearing date of July 17, 2007 and direct Legal Staff to prepare the appropriate fmdings document for denial. Approval I move to approve File Number VAR-07-013, as presented during the hearing date of July 17, 2007 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the specific following changes: (State how the variance meets the findings in Section 9.1 of the Staff Report.) Continuance I move to continue File Number VAR-07-013, 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(s): 3415 N. Eagle Road; Generally located on the northwest comer of N. Eagle Road and E. Ustick Road in Centre Point Subdivision; Township 4 North, Range 1 East, Section 32 b. Owner(s): W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, ID 873642 c. Applicant: Joe's Sports, Outdoors, and More 3415 N. Eagle Road Meridian, ID 83646 d. Representative: Jim Long, Joe's Sports e. Present Zoning: C-G (General Retail & Service Commercial District) f. Present Comprehensive Plan Designation(s): Commercial g. Description of Applicant's Request: Per the Applicant's narrative submitted with the application, "We are asking for a Variance to 11-3E4C1, tent size larger than 500 square feet; our tent will be approximately 7,056 square feet. The tent sale is an end of the summer event; we set up a tent and fill it with a lot of end of season summer goods and a lot of special purchase items just for the sale. Because of the size of the event we set up in a tent. Joe's has had the tent sale for over 25 years; this is one of our highest sales weeks of the year. Many of our customers are so used to us having our summer tent sale that they start checking in with us to find out the exact week of the year. The tent sale is a fun atmosphere for employees and customers alike and the merchandise in the tent is maintained at the same level as in the store. The tent is completely fence in; we provide lighting inside and have security at night. All efforts are done to maintain traffic flow and maintain the area for safety of employees and customers." 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA- 1), apublic hearing is required before the City Council on this matter. Joe's Sports VAR-07-013 Page 2 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARINGTE OF JULY 17, 2007 b. Newspaper notifications published on: July 2, 2007 and July 9, 2007 c. Radius notices mailed to properties within 300 feet on: June 29, 2007 d. Applicant posted notice on site by: June 28, 2007 6. LAND USE a. Existing Land Use(s): Retail sales site for Joe's Sports, Outdoors, & More b. Description of Character of Surrounding Area: The surrounding area contains commercial uses in Centre Point Subdivision. c. Existing Constraints and Opportunities 1. Public Works: Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: None Identified 6. Size of Property: 5.6 acres 7. Description of Use: Erection of a 7,056 square foot tent for a temporary sales event d. Subdivision Plat Information: NA e. Landscaping: NA £ Planned Development Characteristics: NA g. Amenities: NA h. Off-Street Parking: Per UDC 11-3E-4E, adequate off-street parking for the use must be maintained. i. Proposed and Required Residential Standards: NA j. Proposed and Required Non-Residential Standards: See Section 9.2 below k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Ustick Road via N. Centrepoint Way. No new access points are proposed or approved with this application. 7. AGENCY COMMENTS MEETING: An agency comments meeting was not held on this request. Please see Fire Department comments below in section 10. 8. COMPREHENSIVE PLAN POLICIES AND GOALS/iJNIFIED DEVELOPMENT CODE: There are not many policies and goals in the Comprehensive Plan that are relevant to the subject application and associated use. This site is designated "Commercial" on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as areas providing a full range of commercial and retail to serve areas residential and visitors. The Comprehensive Plan is silent on variance requests. However, temporary uses are allowed in the C-G zone as an accessory use per UDC Table 11-2B-2. (Please see Section 9 below for detailed analysis.) 9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS: Staff finds that the Joe's Sports VAR-07-013 Page 3 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF JULY 17, 2007 following UDC sections are pertinent to the Variance application (staff analysis in italics below section): 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the fmdings listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following fmdings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Temporary uses are allowed as an accessory uses in the C-G zone. However, UDC 11-3E- 4C1 restricts the size of temporary structures to a maximum of 500 square feet; the Applicant is requesting approval of a 7,056 square foot tent. Staff is not overly concerned with the size of the tent as the use proposed will not house flammable materials, there are emergency exits, and there is sufficient parking on the site to accommodate the proposed use (see Exhibit B). Staff has concerns about approving a variance request for structure size for temporary uses such as this. Staff anticipates that other temporary uses will ask for similar variances. If Council is inclined to approve this variance request, Staff asks that you provide direction on the following: 1) If you would like to see the standard changed in the UDC and/or 2) under what circumstances you would be inclined to grant similar variances. By providing this direction, Staff will be able to provide better information to future applicants. The City Council finds that approving the requested variance should not grant a ri t or special privilege that is not otherwise allowed in the district B. The variance relieves an undue hardship because of characteristics of the site; The City Council fords there is an undue hardship because of characteristics of the site which require the applicant to operate within alarger-than-allowed temporary structure on the site. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that allowing a temporary structure over the allowed 500 square feet on this site should not be detrimental to the public health, safety, and/or welfare. 9.2 Below are some of the provisions for a temporary use, as stated in UDC 11-3E that the applicant should be required to comply with as part of the issuance of a CZC for temporary, seasonal event: • Except as otherwise defined in this Section, a temporary use is allowed for a specific period not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance (UDC 11-3E-4A1). • Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (iJDC 11-3E-4B1). • A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet (UDC 11-3E-4C1) -unless otherwise allowed by the Council via VAR-07- 13). • The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title (iJDC 11-3E-4C2). • Any temporary structures shall be portable and completely removed at the end of the allowed time period (UDC 11-3E-4C3). • The applicant shall obtain any necessary building permits (UDC 11-3E-4C4). • Adequate off-street parking shall be provided to serve the use (iJDC 11-3E-4E1). Joe's Sports VAR-07-013 Page 4 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARING ISATE OF JULY 17, 2007 • All surfaces used for parking shall be constructed with paving, vegetative cover, or of a dustless material (UDC 11-3E-4E4). • All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3 Article D SIGN REQUIREMENTS of the Meridian City Municipal Code (IJDC 11-3E-4F). • The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage (UDC 11-3E-4H1). 10. FIRE DEPARTMENT COMMENTS The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed variance request: a. Plans will have to be submitted & approved by the Meridian Fire Department for the erection of the 7,056 square foot tent. b. All aspects of the tent will have to comply with Chapter 24 of the International Fire Code. c. All electrical aspects of the tent will have to comply with National Electrical Code. 11. RECOMMENDATION Based on the UDC policies for temporary uses and the analysis of findings shown in section 9.1 above, Staff fords there is a lack of support and grounds to grant a variance to UDC 11-3E-4C1. Staff recommends that the Council deny the subject Variance application. The Meri ian itv Counc'1 heard hi i em on ~lv 17 2007 A he nubl_ic hearing they annrnvpd the snhiprr veR ~ - -- - - - 12. EI~~ITS A. Vicinity/Zoning Map B. Site Plan Joe's Sports VAR-07-013 Page 5 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 A. Vicinity/Zoning Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARING~ATE OF JULY 17, 2007 B. Site Plan o ~~tD1AN ~~ ~ ~-~~c , TENT LOCATION ~AIb4A~ `•~ "~'°Y"~ -.~.{.~ NO PARKING AREA ,~,-- --~ 1 ~~ '~~ t°°- --r-- --~- -i--- --t-- BULK SALES AREA OUTSIDE TENT ENCLOSED BY FENCE tP R;~~- ~vrn or-1~ ~- No a~~y Exhibit B Page 1 • • August 10, 2007 AP 07-4 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Sherer & WynkOOp, LLC ITEM NO. 5-H REQUEST Findings -Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O-T zone for the Busted Shovel - 704 North Main St. 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 V ~`~ ~~+~ w~ ~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CJ Y -~ _, +,5 , ~:~ ' ~'_ ~~~ .~~ ~, ~~.~,,-rte ~~4~fir ~~-p-~~~eir i'ax,~t+~.~rn 'fir",r43~'~°°`'~ In the Matter of the Request for Conditional Use Permit approval for a Drinking Establishment Use in an O-T (Old Town) Zone, by William Kosterman. Case No(s). CUP-07-004 For the Planning and Zoning Commission Hearing Date of Apri119, 2007 (Findings approved on May 3, 2007) and City Council Hearing Dates of June 26, 2007 and July 17, 2007 (Findings approved on August 14, 2007). A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 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 Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of April 19, 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 Planning & Zoning Commission'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 request is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 19, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year 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). CUP-07-004 i • Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 C~ r: By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2007. COMMISSIONER MICHAEL ROHM VOTED (Chair) COMMISSIONER DAVID MOE VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER STEVE SIDDOWAY VOTED CHAIRMAN MICHAEL ROHM Attest: Tara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 STAFF REPORT Hearing Date: April 19, 2007 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: The Busted Shovel • CUP-07-004 r Y d _, ; , 7 ~Td ~ . , _ ~wM ', ir~:u-rte ~~ s a ~~~-~} P'~ ~~_Tisz,~.~;- Kira?'' - ~ ~. Conditional Use Permit for the operation of a drinking establishment in an O- Tzone, by William Kosterman. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, William Kosterman, is requesting Conditional Use Permit (CUP) approval for the operation of a drinking establishment in an existing O-T (Old Town) zone. The site consists of 0.05 acres and is located at 704 Main Street, on the northeast corner of Main Street and E. Broadway Avenue. Per UDC 11-2D-2, drinking establishments require CUP approval in the O-T zone. The Busted Shovel currently operates as a bar and grill, and as such, is classified as a restaurant use with an accessory bar. The previous business (Harry's Bar & Grill) on this site last operated as a restaurant with an accessory bar as well. The Busted Shovel would like to operate as a bar for purposes of smoking laws and is therefore requesting CUP approval for the drinking establishment use. Further, The Busted Shovel does not allow admittance of persons under age 21. 2.5iJMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-004 for The Busted Shovel, as presented in the Staff Report for the hearing date of Apri119, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on April 19 2007 At the public hearing, the Commission moved to approve CUP-07-004 a. Summary of Commission Public Hearing: i. In favor: William Kosterman (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: David Wvnkoop and Carole Gabrielson v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Parldng for the site ii. License Agreement with ACRD for chairs and tables within the right-of-way c. Kev Commission Changes to Staff Recommendation: i. None CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 004, as presented in the staff report for the hearing date of April 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on March 3, 2007. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-004, as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 3, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-004 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/L,ocation: 704 Main Street Section 7, T3N, R1E b. Owner: M & L Limited Partnership 483 W Oakhampton Drive Meridian, ID 83646 c. Applicant /Contact: William Kosterman Busted Shovel -CUP-07-004 Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3048 Cobble Way Meridian, ID 83642 d. Present Zoning: O-T (Old town) e. Present Comprehensive Plan Designation: Old Town f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow the business, "The Busted Shovel Bar and Grill," to operate as a bar for the purposes of smoking laws. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: Apri12, 2007 and April 16, 2007 c. Radius notices mailed to properties within 300 feet on: March 23, 2007 d. Applicant posted notice on site by: Apri17, 2007 6. LAND USE a. Existing Land Use(s): Bar and grill b. Description of Character of Surrounding Area: The surrounding area is all zoned O-T (Old Town) and mainly consists of small retail and service oriented uses. c. Adjacent Land Use and Zoning 1. North: Commercial business, zoned O-T Z. East: Frontier Club (bar), zoned O-T 3. South: Vacant Lumberman's site, zoned O-T 4. West: City offices, zoned O-T d. History of Previous Actions: The previous business, Harry's Bar & Grill, received CUP approval in 1995 for a sidewalk cafe consisting of 5 small tables and 10 chairs as an extension of the existing use, between the hours of 10 a.m. and 10 p.m. No other Planning Department approvals were found. Harry's Bar & Grill received yearly renewals of their liquor licenses. Those State liquor licenses indicate a "restaurant certificate" as "yes" when the State deems the owner as being a restaurant with an accessory bar. The last five years of liquor licenses show the following (see Exhibit A): January 2002 to Apri12002: restaurant: May 2002 to Apri12003: restaurant; May 2003 to Apri12004: restaurant; May 2004 to Apri12005: bar; and May 2005 to Apri12006: bar. Harry's Bar and Grill did not inform the City in 2005 that they had switched their liquor license to remove the restaurant certificate. Furthermore they did not receive conditional use approval to change the use to a drinking establishment as was required. Busted Shovel -CUP-07-004 Page 3 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 When the Busted Shovel acquired the former Harry's Bar & Grill, Planning Department staff informed the new owners that we were not aware of any past approvals that allowed the establishment to operate as a drinking establishment (see attached zoning verification letter in Exhibit A). The liquor license approval by the Director Anna Canning states, "approved as restaurant use," dated May 8, 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building akeady serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.05 of an acre f. Conditional Use Information: 1. Non-residential square footage: 2,400 square feet 2. Hours of Operation: 11:00 a.m. to 2:00 a.m. daily g. Off-Street Parking: 1. Parking spaces required: 5 2. Parking spaces provided: 0 (5 on-street parking stalls are provided in front of the building on Main Street and on the south side of the building on Broadway Avenue) 3. Compact spaces proposed: None h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Broadway Avenue and Main Street. No new access points or streets are proposed or approved with this application. 7. COMMENTS MEETING On March 30, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown and the true community center. Uses in this category would include offices, retail, and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical Busted Shovel -CUP-07-004 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the request generally conforms to the stated purpose and intent of the Old Town designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Objective A, Action 3) Staff believes that the proposed use of the property as a bar (drinking establishment) and gall, will attract people to the downtown area during the daytime and nighttime hours, which could also potentially attract customers to other neighborhing businesses. Further, Staff believes that because the business, and previous business, has operated at this site as a bar and grill for quite some time, and because the property is adjacent to another drinking establishment on the east, the proposed use should be compatible with those in the general area. • Encourage compatible uses to minimise conflicts and maximize use of land. (Chapter VII, Goal IV) Staff believes that the proposed use should be compatible with existing uses in the area per the reasons stated above. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the O-T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for specific use standards). b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: Per UDC 11-2D-2, a "drinking establishment" requires conditional use permit approval in the O-T zone. Harry's Bar and Grill, operated primarily as a restaurant use. The current business, The Busted Shovel, was approved as a restaurant use. The Busted Shovel would like to change the current restaurant use to a bar (drinking establishment) use for the purposes of allowing smoking within the establishment. Smoking is prohibited within restaurants per Idaho State law. Busted Shovel -CUP-07-004 Page 5 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING•TE OF APRIL 19, 2007 Further, the business does not allow anyone under the age of 21 to enter the establishment. The applicant did not submit asite/landscape plan or elevations with this application as the site is not changing, only the use. However, the applicant will be required to submit asite/landscape plan and elevations or photos with the CZC application. Specific Use Standards for Drinking Establishments per UDC 11-4-3-10: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. The applicant should comply with this standard. B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000') of an adult entertainment establishment. Staff is unaware of any church or education service within 300' of this property, or adult entertainment establishment within 1, 000' of this property. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE REQUIREMENTS of this Title. This property does not abut a residential district. Access: Access to the site is provided from Main Street and E. Broadway Avenue. Parting: Because this site is located in Old Town, and because the existing building encompasses almost all of the property, off-street parking is not feasible on this site and is not provided. However, the applicant does state that the business has a verbal agreement with the property owner to the east for off-street parking, which includes a handicap accessible stall. Further, the applicant states that there are five parking spaces located in front of the building along Main Street and on the south side of the building along Broadway Avenue that the business uses for parking. Because off-street parking is required per UDC 11-3C-6B, Staff is requesting that the applicant request Alternative Compliance to the afore-mentioned section of the UDC along with the CZC for the new use of this site. Hours of Operation: The hours of operation for the proposed use as stated in the application are from 11 a.m. to 2 a.m. daily. Elevations: Elevations of the existing building were not submitted with this application as no changes to the exterior of the building are proposed with this application. Any exterior modifications shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Previous CUP for the outdoor caf6: The previous CUP approved for Harry's Bar & Grill on this site in 1995 for an outdoor cafe, required that the applicant enter into a License Agreement with ACRD for the use of the public right-of--way for commercial activities. The owners of Harry's did so, however, they terminated the agreement in May 2006. The applicant should contact ACRD for a transfer of the License Agreement to The Busted Shovel, or obtain a new License Agreement, in order for the previous CUP to remain valid. A copy of this agreement should be submitted with the CZC for the new use of the site. 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 conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. Busted Shovel -CUP-07-004 Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 b. Staff Recommendation: Staff recommends approval of CUP-07-004 for the requested drinldng establishment use in the O-T zone for The Busted Shovel, as presented in the Staff Report for the hearing date of April 19, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on Apri119.2007. At the public hearing, the Commission moved to approve CUP-07-004. 11. EDITS A. Drawings & Associated Documents 1. Vicinity Map 2. Copy of the Zoning Verification Letter Requested by the Applicant on 4/3/06 3. Copy of the Zoning Verification Letter Issued by the Planning Department on 4/7/06 4. Copy of Retail Alcohol Beverage License (valid 1/1/02 thru 4/30/02) 5. Copy of Retail Alcohol Beverage License (valid 5/1/02 thru 4/30/03) 6. Copy of Retail Alcohol Beverage License (valid 5/1/03 thru 4/30/04) 7. Copy of Retail Alcohol Beverage License (valid 5/1/04 thru 4/30/05) 8. Copy of Retail Alcohol Beverage License (valid 5/1/OS thru 4/30/06) 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for Restaurant Use on May 8, 2006 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, 2006 thru Apri130, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Busted Shovel -CUP-07-004 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 A. Drawings & Associated Documents 1. Vicinity Map ~s~ ~~r,-~ L~~J I Site I CLT1~[T~Iti ~1~„ I_~ ~ ~~i i Exhibit A Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 2. Copy of the Zoning Verification Letter Requested by the Applicant on Apri13, 2006 3, ~°~: Meridian Gi~R P & Z$t~n~c Fr+~m: ~illi~rra It, K Re; >~,~ ~e~i L~t~~a° ~~~ .b ~~~~ rr ~~~~~ ~ ~~ t~ 4~t~ ~11~ ~~~ F ~~~~ 1 ~n in ®f ~ Zonir~ 1~'e~i~i~,tiun leer 7Q4 ht. Arlin ~~,~ ~+leridi~n, I ~ th+e boil mss +~ell as ~~ liquor lieu eum~nUy ~rtg used in dre building. ~-lal - ~o ~ lefitcr tr, ~r ~'~ liquor lice cq~~lic.ation, [ 6rae~~ ~~1 tl-~ ~~0 f~ for ~ Please ill rari~ any qu"ro. ii:1 I' ~ W`b~~ ,~ ~ ~ ~:~a'j ~ e " ~~~ . ~~ ~ '~` i}Fns, t~s„ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3. Copy of the Zoning Verification Letter Issued by the Planning Department on Apri17, 2006 ~,x '~ '° ~. t~a~ ~ ~'t~l.~ . ~~~~r~~ ~. 1~~H~ e4 Ma~~x °r y a~ ti~~t c.sr~° c:t~~,~t 1c~t~ ait~ cEcs `at. tt+trrr ~ta~uee 1e9~"ardf~! Chris Ett :~Stl l3:1 r.,nktTn tts~t a ~"~ d fau ~~ 1'arl.~a do •~SNrria t1 t;. ~a9rrr:~n~~1 1 fax t yip hqa;g ~&~~Z~~~a~nin~. •.M t'. iY'a iL:LB&r~~~j I.e~~4 quite ~iT~ t?9•~~33 ~ fax .. P®trc~ t,to1 r,1~r~1e$1r s~ f faa; ftt4ra 356 l'ufaliw Vf~rhs €bf+t1 ~, tYa~trrtuwrr t~nm ~u1aa ' E. V4cat~€acm~r t.~Ct(~' asrite t ~S7 ~~11 f fay ~8T-12x7 '4t°,t~z~aa~t~r 31(11 ~. Tr~n 0.4i~r #uaci ?l~l ,~ f,~x 9~l~7~i t~3h~r` i~2~t2 f faa~ 1115 Apt 7.2~s btr. ~V"tiliattt R hctsrelznam~ ~~ ~obttle V4`av ldian, fd~o >D~2 ' RE: ~1ing ~'eri&catian i.etter for the Property it~~d at 70A 1V. I1fiat11 Svc 17~r Aolr. - , la W Y our z~qurst far zollie~ ~ aiiicatioti for the pnsller[y~ 101 stt 90~ ~f,. 5tr~, p~ the folla-~g: The subject propt~ is caerremiy zeolte~d D-'1' (DId To1~11 Ihstri~). The pr ltsc on ~Q is fisted ass a prineipally permitted use u1 th,: O ~' irr the City of M .. `s llniFc'rl Ileyekipmettt Cade (ms)s Table I1-2D-1. A 13 dc~n~ 1S 1ED~ i l-tA-1 as, `°T[10 tl5i:4f a $tDD for tilt pnmaly purpose of food pr.~SarutiQtl, ~~ l~ehcn and lll~fitiec, anrd «°hero mrala are regularlr~# suned to the public f®r e~uipensAtia~~' It a1~ d~t~ a r~tc~ur~t as a°~siabliahlnents ~ a beer and tieer~sc the the dcfinitioo of t~stmt+nnr as set far4h in Idaho admiaistrc~ve bode 1 i.Q5.01.Q1U.04, i~ludirtg b11t rtot limited tv btetar pubs a11d trine bats," T~ salc/consttmptie~rt of alcohole ba~°e~tas is allotted an d1®pranis~ bra ply as a t;ncktry to tl~ rt~atswtant ~ dri~ng ~tablish111eut wm11d r*gaire a e~aditiotlal ase pctlait fl thQ €?= (' zo11c. if } ~ sflould bare ~y fiu[her quC5tiot~ regardint; ibis atatt~~r, P don't hesitate to rw111, ~f a f~pt i~orehers f'amuug, ~l[i,<°P Planlting Dir~etor (`iF~' H~-I,l.: 3?t IaA~°i' li7AiLC,~ :~t#"i~:yt?!" 4471%ttll~l.~~l„ ll)~sHil S~ (?(II~~ ."3-~?4~ ~t°r:°~~. F.~~ ~.~~1~ e.~°.°r~~r~~r°e~~1ia_~~~ .s,~~~ 1~,~~~°r~t:r~°a11~ rti:~-r.~a ~,~.-~roa s1,e4~~a~c~c~r~~ €.~ >.~1~~ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 4. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 1/1/02 thru 4/30/02) showing "Yes" on Restaurant Use . ~ ~~ _ ~ JL ~ 11 Il`~ ~~ ~JLJ1~~~ ~y ~~~'' ~~f .~ RETAIL ALCOHOL BEVERAGE LICENSE Nc, . - . ,~ . IDIa-HO ST~-TE POLICE 2147 ~~ N 1. •' TFtIS IS TO GERTIFI', That HARRY'S BAR 6 GRILL INC ~~ UHA: HARRY'S BAR & GRILL PREFI.NO: lA 314 ~' ' f" INCORPORATED CITY ~,• o ~ 3 is ACt3ttsed to sell alcohol beverages as stated L~lowr HARRY'$ HAR & GRILL INC <+•.~-~ 704E 1ST STREET HARRY'S BAR & GRILL ~ `'~A ?04 E 1ST Q1~ NERIDTAN IDAHO NERIDI TD 83642 ';. ' ' AUH e~ o' .~~,~ w r. ~ ~ n.' 13@SfaUrHr-t YES W m tercet m CKfa~atWe --- Sear $ 16.67 ~~~ Keg Beer $ A® VAUIJ /01/2(002--04/30/2002 ~ ':. - Winn By Thv Urink $ ~ a _ a ~ Wine 6y The t3uUlb $ _ m~a ~~ ~`. Uyuor 6y me Uru,K $ ~SU, - ee FEE $ 9e0 - ®0 „9 tweuw d tmt 5. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/02 thru 4/30/03 showing "Yes" on Restaurant Use - -- ~_ ~y _~__~ ~ { ~~~~~~ ~~~~:~~ _ ~ ~~~~~~~ ~~~~~~~ ~o. 083fi ~~ ~~ ~~~°~E ~0~.9~E ~=~'>~~. ~' THIS IS TO GEnTiFY. 'that HARRY' 8 HAR & GRILL IMC ~- _..7 ~~, DSA: HARRY'S SAR & GRILL PREM.NO: lA 314 ~, INCORPORATID CITY .F ~ ~, i5 (irer9Seo to seu alcohol nevF~rages as dated bejow ~. ~ 1 .y": r- - --- - ~ r t; a ' ~ ~ ~HARRY'9 HAR & BRILL INC ~ > • _ - ,~; z 704E 18T STREET HARRY•3 HAR & GRILL f '. ~ "' 704 1B ST STREET i . ~+~! . P lY' F MERIDIAN IDAHO ADA ;MERID ID 83642 ,~ ,'1 gJ1 j A:tne ArNSS's '~ 1 ~~ Restaurant -Ygi~ ~ nr ~rK>. ~ r - ~ _ Keg BEer ~ 0 ~ u ~~ ~ .~ - dALID /01/2@02--04/30/2003 ` ~ a ~ e ~ < ina ey Ths Drink S ___ _.__AA . , ~,- ~j ~+ ~'{~, '~' I% >~ne Sy The Brttle c _-~~ ' '~ f+i ~~"' i' Liquor By Tfie Brim ,~ 7RlA_®0 F E ~ ' ~ :>~ t': i' 4~.a E ` --8.~@.~@.@-- , ~ `;~... a£d7a ~v- ~ IS~d ~ ~f ~ )E N a~.I ~ ' s .o f+. :';-,{ X~'i i Y ~Fi.~s ~. ~ J _ 1' ~ ~' ~ ~ d <~ . ~;~ - .: . _. .. 1`&: ,.. o 4~~ 1, ~.o~.t" ~~~~~ . ~:, .1. •_~YIF`~._ ,. ~ Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF APRIL 19, 2007 6. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/03 thru 4/30/04 showing "Yes" on Restaurant Use Idaho fate Police Prem~e Number:1A-314 Retail Alcohol Beverage Cleanse No. 2004-7090 mawy This is ro cerdjy, that HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR & GRILL lr lkensed ta seR alcoholic bevpages as stated be%w ar 704E 1ST STREET, MERIDIAN, ADA COUNTY Acceptance ofa license by a retailer shall rnnsA7tAf' kriowleldge djand agre®nent ta operate by and In accordance to the Alcohol Beverage Cody Title 23. Only lJre Uceresee herein mm~edal the lacatfon herein speci,Jled she(/ vse this license. 11 P On Premise Consumption: y~ Restaurant Y,~ Beer: 50.E Keg Beer. l>~ Wine by the Drink: ~ Wine by the Bottle: g,~ Liquor by the Drink: 750.00 TOTAL FEE: 800.E a~.m~~,~ HARRYS BYSR AND GRILL INC HARRY'S SAR $ GRILL 70d E 1ST STREET MtRIDIAId ID 83842 Uoerree Valki: 05101/2003 -413012004 Facpires: 4/30/2004 7. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/04 thru 4/30/05 showing "No" on Restaurant Use -~ ~ ~~~ ~~~ mac, Idaho fate Police Premise Number. 1A-314 Retell Alcohol Beverage License Na. 2005-114a na ce, 0 CI a T7us is to cerBfy, that HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR $ GRILL is Ilcensed to seU akoholk beverages as staged below at: 704 N MAIN 3TREET, MERIDUW, ADA COUNTY Acceptance ofa Hcense by a retatlershaB constidrte larowlydge ajond a W operate by and trt accordance license lcohol Beverage Code, Tide 23. Only the licensee herein ~ rAjthe~l I Iron herein specified shall nse Ous On Premise Consumption; Y~ Restaurant Baer. Keg Bar. g~0 Wine by the Drink ~ Wine by the Bottle: g,QQ Liquor by the Drink: 750.OU TOTAL FEE: x.00 ~~~s~~ HARRY'S BAR'AND GRILL INC HARRY'S BAR $ GRILL 704 N MAIN STREET MERIDIAN ID 83642 I MaBing Address License Valid: 05/01/2004 - 4/3012005 Expires: 4/30/2005 Exhibit A Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 8. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/OS thru 4/30/06 showing "No" on Restaurant Use ~` ` v f~ Idaho fate Police Prem~e Number: 1A-314 Retell Alcohol Beverage License No. 2~6-1235 ~ ~r This is to cert{fy, that HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR & GRILL is licensed to seU alcoholic beverages as stated below at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY Acceptance of a license by a retailer shaAconstitute Imowledge of agreement to operate by and in accordance to the Alcohol Beverage Code, TYtle 23. Only the licensee hereur the Iota ion herein specked shall use this license. ~~ A Q4/ On Premise Cor~umption: yes Restaurant: ,~ Beer. $0.00 Keg Bar. g~Q Wine by the DrirYc: !~ Wine by the Bottle: 0 QQ Liquor by the Drink: 750"QO TOTAL FEE: $QQQQ LLC ambe~mPeJba HARRY'S BAR AND GRILL INC HARRY'S BAR 8 GRILL 704 N MAIN STREET MERIDIAN ID 83642 Address ~~~~ License Valid: 05/01/2005 - 4/30/2006 Expires: 4/30!2006 Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF APRIL 19, 2007 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for Restaurant Use on May 8, 2006 p:ECEIVED NEW BEER & LIQUOR LICENSE APPLICATION ~Y ~ g 20D6 INTERNAL APPROVAL CHECKLIST Lys °~~~ Far l~rternai - Offlce Use Only: Applicant; Wt Ilam R. Kosfisrman Business Name: __ The Busted Shovel Loc~tian: 7~4 N. Main Street Applica#ion / Flle Fee: 4 - $200 L - $562.50 Rerelpt No. 7935 Economic Develo°men~ Economic Developmen# Approval: Signature Date Police DeuartmeM: Police Chief Approval: Signature Date Flre Denartment- Fire Chief Approval: Signature pie Plannlna & Zoning De ~men~, P & Z Admtnlstrator Approval: ~ ~ ~~O Public Works Der:-artmenh Public Works Director Approval: Signatun; Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. THANK YOU. ''""'City Council approval scheduled for May 9, 201T6*'*" Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, 2006 thru Apri130, 2007) City of Meridian Beer L~cen~se ~° ~ Sao Ada Coemty, c~anred Ma: y 9 z ass s~ z'os a TNISL7CEP1SEkgrentedto IOd:E~.LartR~_f!. K`o4~enman datngbusUrassas Th¢ 8aa~id Sb~ove2 -- (N~me at BuaUiass) _ _._ _.. _. _ to oondvct a remlFtrustnass !n accordance /3te~ 8~tid~Bot&ed Beer X to all rules and regutadans, Botl<ed'8een F?rdy' - t?ustnessLoeado» 704 A. .~~i~ ~e~ -_ (~se~ i)' la the City of Mertdtan, Ada Courtly ~ lbs t~edretl tloense A0a`~resef?ue having teen ltd 7hls 8esnse'ts /ssr~e ~ ~ the 3tAte ~ to>$ho Eog with the ordinances of Bea Citye9 APPA D tiY the City CmrgrJl 9~h ~ ~i'lty 2 8_ D°6 a r r r r r r r r r r r r .. . .. .. _ ~~. City of ~ll~~'/~1%~r- N~ o ~ ~ s tiQuor by the Drink .License Ada County, Ida~a' A~p~i.i..e ~ 0 2 0 0 Granted .~iay 4 2 ri n.;~ Expires ~+9~3c1, T1flSCItENSEfsgrar-ted'to AI.L~.2.Lam R. Kos~¢niria=~ ___ _ __ do/ngbusYnessas 7h.2 8u6~ed~3hov¢. (!Name of BusMess) to oorio'uct a'retatl sale at liquor try fire Dank in accordance to ~fruCes ariatr CurrenC Gt1y t3eer Uoense No: ~0 Business Losatton __ 704- N,-- Ilda.L-e, S.th.-~Q.t_ tree !n the C of h9erkttan, Aiia Cau ~~'~~ ~ r qtr >ity~~ 'ib~, regerlredlic@n,Se les therelo%g".1y?ng' been paid. This i(oense /s lssued~y+t tyfaws of the Stebe at fdatto togettier with the. ordlna'hoes of the tarty , ~~. APPROVED' by the Cky Count --J~~o 2 0 e R , Att - - ~ r ctry crer& ~- m ~9r~_ ~ • 1 ~ ~ d e ~tue end Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC IIEARIN•TE OF APRIL 19, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with xkl~ a'4' r nl ,,.~ 41.° .. ° !•T ~ ,, aP~~~ ~°~ all other conditions of approval for this site rY r" • "T'1,. 41.1 .7 1. 1.n11 r...4 1.1..,.L 41.° °..;4 .1..........4 .. _. 4:..._ • ~ 41.1 ,] 1. „,141.° ° 1° '44 ' 41. 1. 111. 1 4 .7 t_' F' ' l,~lfLS 1/_l F °4..r41 .°1. a 'il 1,,;1,1;« , xx v o-cffi~r2$~ ,. 4 4 ,11. 41. 1' a i , • TI'1 ~'T2 ••1...11 1.° ° n 1 .1 °..4« a• oraar~~a° ~ 4 ' 1 .1' 41, A.1 !'~ 4. LT' 1. Tl 4--'--'- 4 r ~ m? c m - - c u ~ rc z sis gt[ii t xaa~-ouas~rsgrvvu~a cc-vx r ~~ ~7 7 , ' &1°. 4« i n a 41 ~~ ,, ~C~ -Cti't~'te~~ ~: a T :r e ~ ~~r~~~ ,C.~t7}}}~R~ FY r a -Ctl~ ~ 41. . T T r . ,... ,. ° .° ~ e use of the nronert «°_n•, . y ac a bar ha 1 . 4.. n,. ,. ,.n _.. i~__ ,1 , axxrrpxrv be con a'ned wi in the wa xxxgi o~aacm 1 of he boil oa4co- in he previously aunroved ou tdoor ~f~ u e cha 1 no lop r be a lowed with he nron oc d bar ecision of the itv ouncil a the .Tnly 17_ .nm n^,hlic ha ar:n.. 1.2 Provide a minimum 1-bicycle parking rack on the site in compliance with the standards listed in UDC 11-3C-SC. 1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. 1 4 Thc~,xn 1' 4 1. 11 + + 4 ° A..,-°°w.°«4 ~.,.,,., AnT71-1 r 41. r41, t,• t rr YY J Fj+ my ...1;,1 A ,.Y j. ,.r 41... ~; ~ °,1 T ; ° A 4 1. 11 1. 1_ ~ s~ w~ctd-t~(i~ ~6x~ 1.5 Exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines: ' Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 1.6 To ensure that all of the conditions of approval for CUP-07-004 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to commencement of the new use. 1.7 The applicant shall submit an application for Alternative Compliance to UDC 11-3C-6B, off- street parking requirements, along with the Certificate of Zoning Compliance (CZC) application required for the new use of the site. 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.9 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services Company did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACRD did not submit comments on this application. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the proposed use and meets all current regulations of the O-T zoning district; except for the off-street parking requirements (see Section 10, Analysis, for more information) Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in traditional neighborhood districts (iJDC 11-3C-6). Five off-street parking stalls are required for this site. The applicant is unable to comply with this requirement; however, the applicant states that 5 stalls are currently provided adjacent to this site along Main Street and E. Broadway Avenue. Staff recommends the Commission rely on Staffs analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Because the business is currently served by the above- mentioned public facilities and services, the Commission finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. Exhibit C Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 • • August 10, 2007 RZ 07-006 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT J.E. Development, LLC ITEM NO. 5-1 REQUEST Findings: 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 CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Findings ~~ ContactedFv~ Date• ~ 0 7 Phone: ~~7 3 ! sy Emailed: ~~ ~ e~i ~~s yn c~: (~ ~ • I . C U aff Irntials: Materials presented at public meetings shall become property of the City o} Meridian. r~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER d ,_ ~ .. ISE1~ r~ 4 ~.~~,,s,x T ~ ~t+ ism.~' ¢ i ~, ~, ~c~:~ ~~~ > ~~f~ _ x `~; In the Matter of the Request for Rezone of 4.38 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-15 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 July 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 Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, 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. 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, 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 evidenced 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002 conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002 By action of the City Council at its regular meeting held on the Q ~ ~~ da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~u-- COUNCIL MEMBER JOE BORTON VOTED__~~w COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~~``- TIE BREAKER MAYOR TAMMY de WEERD VOTED o MAYO~,T~ ~,~_de WEERD ATTEST: \~ ~~`' --~~~~ °'d,: _ ~ ~~~ /W~--- e ~_ ~'n~ WILLIAM G. BERG, JR., CLE~ ~ ~~' \\e vs/~, ea~ ~~ `a\v~ Copy served upon: / Applicant s~~`~'®~t~„„~ e1~~~~~~~~~``~~~ -~ Planning Department ~f Public Works Department ~ City Attorney BY~ ~ ~--- Dated: ~'° ~ -®~ 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 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 (Continued from May 22, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Bellabrook Villas =~ r">~ . ~~ . r ~ . ~ ~ w ~, to.+~a ~r~`a. r;~ + a 6 • 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 for multi-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. SUMMARY DESCRIP'CION 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 a single un-platted parcel of land. The site is located approximately '/a mile south of E. Franklin Road, on the east side of S. Locust Grove Road. Currently, there is asingle-family home and associated outbuilding on this site. 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, & 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 proposed Bellabrook multi-family development (RZ-07-006, CUP-07-038, & PS-07-002) with the conditions listed in Exbibit B of the Staff Report. The Meridian Planning and 7.OIIlllg Commission heard these items on AAri119, 2007. At the public hearing. the Commission voted to recommend_approval with reuuirement of a Development Agreement. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Representative) ii. In opposition: Jerry Cunningham Bellabrook Villas RZ CUP PS PAGE 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 iii. Commentinlt: Christie Jordan iv. Written testimony: Ronald Hodge v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna CanninE b. Kev Issues of Discussion by Commission: i. Private streets vs. public streets within the development• ii. Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted; c. Kev Commission Changes to Staff Recommendation• i. Require a Development Agreement to incorporate the proposed site elan and elevations as submitted d. O_ utstandin~ Issue(s) for City Council: i. Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted ii. The applicant has submitted a perspective view of the proposed structures as required by Staff, for Council's review (see Exhibit A.61 he M eridian ity Ouncil h a nd these items ..r May .'~ 7,,,.o q . , a .,,.a r„~~, ~.~ .public hearing on ~Iv 2~. 200 7 they approved the ~biec 7._ CiTP_ ~ p reaue ~. ummarv of itv oun cil ihlj Nearina~ i. avor• Shaw n Nickel fApp icant' Repr c ntativel Ros rick on (Applican 1 ii. In opposition: None iii. ommenting• ea na i iv. ritten tes 'mn d l E i ny harle Tra'nor OMPA aura Alexander fak if & _ erson : r v. tall pre, en 'ng c enn r Barnett: Ryan Re . app ication: nna .a pin vi. ther staff com mentin on app ication: oe 'lva. Meri ian Fire Departmen 1L ev Issues of Di cu io n by ouncil: i. ccess and eme d l rgency acce no'ntc to he property o he ea for ~tnr ~_ re eve opment. eV COllIICII C~11al1aPR t o Ctaff/~'nmmiecinn Rarnmma i. he Applicant cha 1 record an agr men grantin ro -acce o the property t t th i t b i t ~ e eas pr _o or o u t al of CertlfiCate of 7.oninu [ mm~liancp annliratinn ii. he Applicant cha 1 po a ign a he end of he privy p ctr e+ at the ea property bound ary stating that the road 'll bee ended 'n he fut,~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-07-002 as presented in the staff report for the hearing date of June 5, 2007 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 CUP and what the applicant could do to gain your approval in the future.) Bellabrook Villas RZ CUP PS PAGE 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF JUNE 5, 2007 Continuance I move to continue File Numbers RZ-07-006, CUP-07-038, & 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/Location: 300 S. Locust Grove Road (Parcel #51117223480) NW '/ of Section 17, T.3N., R.1 E. b. Owner: J. 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 Community g. Description of Applicant's Request: Bellabrook 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 form 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. The 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 (attached 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 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. Newspaper notifications published on: Apri12, 2007 and April 16, 2007 (Commission); April 30, 2007 and Mav 14, 2007 (Gifu Council) Bellabrook Villas RZ CUP PS PAGE 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARINGI)ATE OF JUNE 5, 2007 d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); AAril 27, 2007 (City Council) e. Applicant posted notice on site by: Apri19, 2007 (Commission); May 11, 2007 (Gifu Councill 6. LAND 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 of uses in the city (office, church, residential, etc.) and a mix of rural 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: • This 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 ZO 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 floodway. 4. Proposed Zoning: R-15 (Medium High Density 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 Streets, for landscape Bellabrook Villas RZ CUP PS PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 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 community 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 11-4-3-27 and 11-2A-7: 1. Minimum Building Setback: 10 feet (Unless a greater setback is otherwise required by the UDC) 2. Maximum Building Height: 40 feet Summary of Proposed Streets and/or Access: Access to the proposed development will be from 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 curb 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. ACHD does not have any 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. COMMENTS 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 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 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 compatible 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 acres for a gross density of 7.76 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. Bellabrook Villas RZ CUP PS PAGE 5 CITY 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 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. 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 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 future 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 Creek. 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 creek. Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. A 10 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 (Five Mile, Eight Mile, ...etc.) throughout commercial, industrial, and residential areas. The Five Mile Creek, which bisects the property at the northeast corner, will be protected and will remain open and unchanged. Open space with pathways will be provided adjacent to the creek. • 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 a (Moot 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 Bellabrook Villas RZ CUP PS PAGE 6 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF JUNE 5, 2007 portion of this site because a large part of this area is within the jloodplain/floodway. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff 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 regarding landscaping, signage, fences, and walls, etc. The Applicant will be required to construct a 25 foot wide landscape buffer along Locust Grove Road that complies with UDC 11-3B-7, Landscape Buffers Along Streets. All subdivision identification signs proposed for the site must be approved through a sign permit and shall comply with UDC 11-3D-8I 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. The 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 the site because a large portion of this area is within the floodplainlfloodway. Said fencing should comply with UDC I1-3A-7, Fencing standards. • 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. Staff believes that the proposed medium high-density residential multi 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 existing 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 adjacent to the rural parcel to the east. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening 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 floodplain. A portion of this development lies within the floodplain (FP) overlay district. The purpose of this district is to guide development in flood prone areas of any watercourse that is consistent with the requirements for the conveyance of flood 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 D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 public through flooding. Uses pei witted 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/recreation area proposed within the FP overlay district complies with the purpose of the district as stated above. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (iJDC 11-4-3-27) apply to multi-family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 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 requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Because the Applicant has provided a detailed site plan and elevations for the site as part of the CUP application that will be included as an exhibit in the Findings of Fact and Conclusions of Law, Staff does not believe that 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 PERMIT: Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and must comply with the Specific Use Standards listed in UDC 11-4-3-27 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 is 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 any 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 Bellabrook Villas RZ CUP PS PAGE 8 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 count toward this requirement. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC. (Three story units contain180 square feet of covered patio per unit; 2-unit structures at south end ofproject & end units on 4- unitstructures contain 96 square feet of covered patio per unit; Z-units at northeast corner of site contain 108 square feet of covered patio per unit.) (See a-mail submitted by Ross Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting compliance with this requirement.) d. Developments with 20 units or more shall provide the following: A properly management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. This development does contain more than 20 units and will comply with this requirement. The 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 will be provided at the entrance of the development; An office to manage the condominium association business will be provided within the president of the condominium 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 Parlang: 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, 2 parldng spaces shall 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 Requirements: 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 minimum 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 from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qual~ing amenities: 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 life). 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 Cert~cate of Zoning Compliance's on this site. Staff is generally supportive of the proposed elevations with the following comment: Staff has requested that the applicant submit a perspective view of the 2- unit structure proposed at the northeast corner of the site prior to the City Council meeting. (Applicant has complied with this requirement and the perspective view of all of the proposed units is included in Exhibit h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: Bellabrook Villas RZ CUP PS PAGE 9 CITY OF MERIDIAN PLANNING iSEPARTMENT STAFF REPORT FOR THE HE ~ ATE OF JiJNE 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 mature 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 Responsibilities: Per UDC 11-4-3-27G, 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 features. Existing ResidencesBuildings: The site currently 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 LDS 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 not allowed adjacent to common open space or micro-pathways. The existing 6-foot tall closed vision fencing shown on the site plan adjacent to the common area on the eastern portion of the site should be removed if permission can be obtained from the LDS Church. If permission 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 floodplain/floodway; the applicant is in agreement with Staff's recommendation. Perimeter fencing is required to be installed around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with UDC 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 50 foot wide "flag" from Locust Grove. The other 3 acre parcel to the east of the Smith parcel is owned by Jerry & Betty Cunningham and appears to be vacant. The Cunningham's also own ahouse/lot in Woodbridge Subdivision that abuts the vacant parcel on the south. It is unknown whether or not the Cunningham's have an access easement across the Smith property to Locust Grove Road. Approximately %z 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 not 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 wide multi-use pathway should be constructed as shown on the landscape plan. The applicant states that a 15-foot wide section of the Five Mile Creek is currently piped and that a 5-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 any Bellabrook Villas RZ CUP PS PAGE 10 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF JUNE 5, 2007 natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to 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. PRIVATE STREETS: The applicant is proposing private streets within this development. Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adj oin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff is generally supportive of the proposed private streets within this development. However, the Fire Department has commented that the internal 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 CUP PS PAGE 11 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 units 15-18 and 23-26 be removed, and the streets widened, to allow for parling on one side of the streets. No parking should be allowed along the internal side of the streets surrounding the 8 internal units and should be signed accordingly. Parking should only be allowed on the external side of the streets. Note: The site plan does 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 Recommendation: Staff recommends approval of the subject applications (R~07-006, CUP-07-005, & PS-07-002) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of Apri119, 2007. The Meridian Planning and ZOning Commission heard these items on April 19 2007 At the public hearing. the Commission voted to recommend approval with requirement of a Development Agreement. The Meridian City ouncil heard thpc .items nn Mav .2 _7,,,,p 4 .Q, 1 o and Tnly 4 2007 At the pub is hea 'n on ~lv 24 2007 hev approved he ubiect 7 TP 8. P 11. EXHIBITS A. Drawings 1. Site Plan (dated: ", 2. Landscape Plan (dated: "' 3. Four-unit Structure Elevations 4. Two-unit Elevations for Structures along South Boundary 5. Two-unit Elevations for Structure at Northeast Comer of Development (Units 9 & 10) 6. Perspective Drawing of the Two-unit and Four-unit Structure 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 Bellabrook Villas RZ CUP PS PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF JUNE 5, 2007 Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JiJNE 5, 2007 A. Drawings l . Site Plan (dated: ~ ?L~51U1 -~.,~n CONDITIONAL USE SITE PLAN FOR BELLABROOK VILLAS SITUATED IN A PORTION OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2007 ,rm ~~ c~ Traioraerrmer ~saeim n ~~' Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF J[JNE 5, 2007 -®__ --_-~. ®® -___ ., , . ~ ~ ~ ~ ~ i i ~i ~~~~-, •~e -~~__- -~ _. L. ~ ~.aa. mwaeaoK.aau.lual s __.c -w® ~~~~ m... ..a ~W;I~H~ Gov s-w..~ ~ ,.,ti,.s..ll.~, ® ® _- CONDITIONAL USE LANDBOAPE FM1J1N POR EE.LLASROOK VILLAS SITUATED IN A PORTION OR B8CTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, E01SH MfRA1DV W. AOA COUNTY. IDAHO 2007• 10818 ~~~ ~~ ~~ ~~~~ a ~~~~ -~ t~ I ~ ( ' :~ ~, I ~ ! s ~ ,, "%> ~ ~ ~i ~ i a~~~~~ ~~i j ~~ ~~~~R ,.~ a- _ ~5~ ~ , ~ __ gg __ /t ,f i vwwamwmwtrnm __ _ ~ 9] _~~®rr ,®®„ ~aa~ 71wRRE109IW01 8Irt 'AI. no mem ~mommrv.m _ ~ ®~® ~ ..e_m . ffi ^~ - --~* ® ~ _: Ofif®RR.8P9aR~ Exhibit A 2. Landscape Plan (dated'~'~ ~L1~ OONOTONAL USE LANDSCHPE PLAN FOR BELI.AEROOK VILLAS BR'UATED OV A PORTION OP /~OTION tT, TOWN®HIP 3 NORTH. RANGE 1 ¢ABT. BOISE MERIOVW, ADA 60UNTY, IDAI-10 2007 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 3. Four-unit Structure Elevations Front Left Side _EFT 510= ELENA~ON Reaz r,Ea~ = i Fva- nv Rl~ Sld r-~-o- FRONT ELE•iATIf.N Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 4. Two-unit Elevations for Structures along South Boundary Left Side Front Rear ~"-'~- v,~re~ Right ~-'~-~ Side b, j; A,,~ t _k nti Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 2007 5. Two-unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) Front 6ROF7T h IC41A 711tAf Left Side Rear ~rt~ aEVn Right Side ai ~. I Exhibit A ~' `~ ' 1 ',i Q~~~J - i l `s ~"~ ' ~~ I ~ P a CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 6. Perspective Drawing of the Two-unit and Four-unit Structure Elevations Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 Prior to the rezone ordinance approval, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption). and the developer. The applicant shall contact the City Attorney. Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the followin~• • The development of this site shall substantially comply with the site plan and conceptual elevations submitted with this application (shown in Ezhibit A) and presented at the public hearing. 1.2 SITE SPECIFIC REQUIREMENTS (CONDITIONAL USE PERMIT) 1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepazed by Erickson Civil, Inc., dated February 14, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-006) and Private Street (PS-07-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-005). 1.2.2 The landscape plan prepared by Erickson Civil, Inc., on February 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 standazds: - The landscaped area shall be at least 3-feet wide; - For every 3 lineaz 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 azea. • Fencing shall not be constructed adjacent to the common azea on the northeast portion of this site because a large portion of this azea 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 Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan 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 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 D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 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 tentative approval of the Private Street application by the City Council, subject to any applicable conditions of approval and the regulations of Chapter 5 ADMII~TISTRATION 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 (ACRD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; • Create a perpetual ingress/egress 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 units 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 ~ include multiple/all multi- family units within the development 1.2.9 All signage 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.Provide 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 features. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.12 record an agreement ~rantin~ cross-access to the property to the eas prior to submittal of Certificate of Zoning Compliance application Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 1.2.13 The licant cha 1 Host a sign at the end of the urivate street at the east uronerty bouncLrv statigg that th marl will hp extended in the future. 2. PUBLIC WORKS DEPARTMENT 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 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 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 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. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 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 adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 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 past the right-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 azea being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 Street signs aze 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. 2.16 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 Works development plan review, and construction 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 maybe 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 neaz sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk 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 shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. Final design locations and quantity aze determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 squaze 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 story Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed 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 for bacteria 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 Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 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 approved 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 combustible 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 or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.10 Building setbacks shall be per the International 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 GVW. 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 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 The first digit of the Apartment/Office Suite shall correspond to the floor 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 PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.19 There shall be a fire hydrant within 100' of all fire depaztment connections. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Pazking should be prohibited in driveways of side entry garages to allow room for Fire Depaztment turn around. 4. POLICE DEPARTMENT 4.1 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. 4.2 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 Private streets are not wide enough to allow pazking for visitors. Visitor parking should be provided on the site. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regazding this application. 7. ADA COUNTY HIGHWAY DISTRICT Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated Mazch 26, 2007, in response to this application. The letter states that because the internal roadways are proposed to be constructed as private streets rather than public streets, ACHD 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. Additionally, the Applicant should submit construction drawings to the ACHD 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 C. Legal Description & Exhibit Map a1_ won Bellabr0ok Vili~s ~~ ~nt~tns ~,~ arras eitd -~ ~ to any aase~mants ~radst~ng or in us~,e Ctbr~t~ k1P, sn. PlS t.ar~d Qng, PC y 11, k to ~~1{~~ ~~~~pl(~ ~~,j~ t~C 6~ ~~ Al lAt . Belta~ot~t'a Sudd° , . No. X38 Exhibit C CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 __ ~~ pp'~ ~E~ ~~ ~HPE ~~ 1~'R~~' C~ #~ ~~E Ike 1~"'~ ~F ~~~0~~ 1 ?, ~~~ ., tF~st~d P~~ y i ®*4 ~ ~ s~~` u~ 8 ®,~ p~ "~D ~l be ~ ~~ ~ ry~ M ®~~" a ~.>"~~ 5 ~i~ ~..a ~. ~~~ ~f s. ~k t 9,tis ~ Aid'{ P t",~' h~'~f- d A~~P~ N R~~ Diu ~Y °` '" '' , t~,~m~';~iw,i~ ~~~I~tG ~i~4~~'~+.~ C?~~T. ~~ ~~ ~'~ ~ ~~ ~°ig`~`F - -°A w ~~ ~' .~ `. _.' Lind S~rrveytr~g ~a~8 Ca~s~ltfrtg -~ ~~ ~xc~~ ac~z t s~~~sa t ~~~ ~ 8D ~$i p~ CW ~C spp~~~.. ~Y '~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF JUNE 5, 2007 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 zone all of the subject property to R-15. The Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds 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 fmding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). This finding is not applicable to the subject rezone request; the Council finds that the rezoning of this property to R-15 is in the best interest of the City. 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. The Council finds 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-15 district and the multi-family Specific Use Standards. Exhibit D CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR TIC HEARIN~ATE OF JUNE 5, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan 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, 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 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 fmds 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. 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 Council fmds 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 activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staffrecommends that the Commission and Council reference any public testimony that may be presented to Exhibit D CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARINGDATE OF JiJNE 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 cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and 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 from 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 conflict 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 conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D • • August 10, 2007 CUP 07-005 MERIDIAN CITY COUNCIL MEETING Avgust 14, 2007 APPLICANT J.E. Development, LLC ITEM NO. 5-~ REQUEST Findings: Request for a Conditional Use Permit approval for multi-familly residential use in a proposed R-15 zone for Bellabrook -300 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: , JCS 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 pubBc meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • .. ,_ ~'° ~ _ I . Gp ~~;~f ~~r f 1~+q Er d =~,ti,~~~~R_a~~, ~~_ -~,b :, In the Matter of the Request for Rezone of 4.38 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-15 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 July 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 Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, 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. 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, 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 evidenced 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002 • conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-006, CUP-07-038, & PS-07-002 By action of the City Council at its regular meeting held on the ~~'~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED-~~ 'LG~ COUNCIL MEMBER JOE BORTON VOTED__~~Gc~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Z¢~ COUNCIL MEMBER KEITH BIRD VOTED__~~~ti TIE BREAKER MAYOR TAMMY de WEERD VOTED G MAYQ~., T~~ de WEERD \~~„ .~ ~~ ATTEST: ~~ ~ `~~ ~ '~ ~~`~~ ~~ ~`~~ ~~o ~~ ~ ~' ~%~-- , ~ WILLIAM G. BERG, J ., C ~,E ~ ~ ~ ,. Copy served upon: / Applicant''>,, ' \ \~ ~~~o\ ~ /PPP 0111691\1\ 4 / Planning Depar{rnent /~ Public Works Deparhnent City Attorney Dated: ~ ~ ~Q ^4~ 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 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 (Continued from May 22, 2007) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Bellabrook Villas ~. c-rre^ ,n~ ~~ ~ r i , ~ i 1~~ +, t~a.^~o-a+~ ~,. a .~gF+~ g;~ • 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 for multi-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. SUNIMARY 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 1/a mile south of E. Franklin Road, on the east side of S. Locust Grove Road. Currently, there is asingle-family home and associated outbuilding on this site. 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, & 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 proposed Bellabrook multi-family development (RZ-07-006, CUP-07-038, & PS-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on Apri119.2007. At the public hearing. the Commission voted to recommend anuroval with requirement of a Development Agreement. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Representative) ii. Ill OppOSltiOII: Jerry Cunningham Bellabrook Villas RZ CUP PS PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 iii. Commenting: Christie Jordan iv. Written testimony: Ronald Hodge v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. Private streets vs. public streets within the development; ii. Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted; c. Kev Commission Changes to Staff Recommendation: i. Require a Development Agreement to incorporate the proposed site plan and elevations as submitted d. Outstanding Issue(s) for City Council: i. _Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted ii. The .applicant has submitted a perspective view of the proposed structures, as required by Staff, for Council's review (see Exhibit A.~. ~, Summary of City Coun cil Public Hearing: ' i. favor: Shaw n Nickel (Applicant s Representativel. Ross Erickson (Ann icantl ii. In opposition: None iii. Commenting; D eanna Smith iv. ritten testimo Anderson) Eri ny: Charles Trainor. COMPASS: Laura Alexander (ak c & Jennifer Barnett: Ryan Ret ; v. Staff presentin z g application: Anna Canning vi. Other staff com menting on application: Joe Silva. Meridian Fire Department lt. ev Issues of Discussio n by Council: i. Access and eme redevelopment rP~ncy access points to the property to the east for future c, . Kev Council Changes t o StafF/Commission Recommendation i. The Applicant shall record an agreement granting cross-access to the property mitt f C rtifi f Z l t i C li li ti ii. he Applicant a o e ca e o on ng omp ance app ca on shall post a sign at the end of the private street at the eas property bound ary stating that the road will be extended in the future. 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-07-002 as presented in the staff report for the hearing date of June 5, 2007 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 CUP and what the applicant could do to gain your approval in the future.) Bellabrook Villas RZ CUP PS PAGE 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 Continuance I move to continue File Numbers RZ-07-006, CUP-07-038, & 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/Location: 300 S. Locust Grove Road (Parcel #S 1117223480) NW'/a of Section 17, T.3N., R.lE. b. Owner: J. 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 Community g. Description of Applicant's Request: Bellabrook 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 form 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. The 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 (attached 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 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. Newspaper notifications published on: Apri12, 2007 and April 16, 2007 (Commission); April 30 2007 and May 14, 2007 (City Council) Bellabrook Villas RZ CUP PS PAGE 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); April 27, 2007 (City Council) e. Applicant posted notice on site by: Apri19, 2007 (Commission); May 11, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and associated outbuildings on the site. b. Description of Chazacter of Surrounding Area: This azea contains a wide variety of uses in the city (office, church, residential, etc.) and a mix of rural pazcels 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: • This 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 Opporhxnities: 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 aze 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. Hazazds: A portion of this property along the eastern boundary lies within flood zone AE and is within the floodway. 4. Proposed Zoning: R-15 (Medium High Density 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 Streets, for landscape Bellabrook Villas RZ CUP PS PAGE 4 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 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 community 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 11-4-3 -27 and 11-2A-7: 1. Minimum Building Setback: 10 feet (Unless a greater setback is otherwise required by the UDC) 2. Maximum Building Height: 40 feet j. Summary of Proposed Streets and/or Access: Access to the proposed development will be from 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 curb 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. ACHD does not have any 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. COMMENTS 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 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 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 compatible with this designation. The Mixed Use Community (MiJ-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 acres 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 applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. Bellabrook Villas RZ CUP PS PAGE 5 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 - The subject lands currently lie within the jurisdiction of the Meridian City Fite 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 (ACIID). 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. 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 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 future 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, raikoads, etc. The northeast portion of this site is bisected by the Five Mile Creek. 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 creek. Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. A 10 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 (Five Mile, Eight Mile, ...etc.) throughout commercial, industrial, and residential areas. The Five Mile Creek, which bisects the property at the northeast corner, will be protected and will remain open and unchanged. Open space with pathways will be provided adjacent to the creek. • 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 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 Bellabrook Villas RZ CUP PS PAGE 6 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 portion of this site because a large part of this area is within the floodplain/floodway. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff 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 regarding landscaping, signage, fences, and walls, etc. The Applicant will be required to construct a 25 foot wide landscape buffer along Locust Grove Road that complies with UDC 11-38-7, Landscape Buffers Along Streets. All subdivision identification signs proposed for the site must be approved through a sign permit and shall comply with UDC 11-3D-81 and 11-3D-10, Table 2, Subdivision Identification Signs. Fencing proposed on the site shall comply with UDC I1-3A-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. The 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 the site because a large portion of this area is within the floodplain/floodway. Said fencing should comply with UDC 11-3A-7, Fencing standards. • 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. Staff believes that the proposed medium high-density residential multi 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 existing 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 adjacent to the rural parcel to the east. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening 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 floodplain. A portion of this development lies within the floodplain (FP) overlay district. The purpose of this district is to guide development in flood prone areas of any watercourse that is consistent with the requirements for the conveyance of flood 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 DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE 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/recreation area proposed within the FP overlay district complies with the purpose of the district as stated above. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (iJDC 11-4-3-27) apply to multi-family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 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 requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Because the Applicant has provided a detailed site plan and elevations for the site as part of the CUP application that will be included as an exhibit in the Findings of Fact and Conclusions of Law, Staff does not believe that 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 PERMIT: Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and must comply with the Specific Use Standards listed in UDC 11-4-3-27 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 is 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 any 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 Bellabrook Villas RZ CUP PS PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 5, 2007 count toward this requirement. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC. (Three 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 corner of site contain 108 square feet of covered patio per unit.) (See a-mail submitted by Ross Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting compliance with this requirement.) d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. This development does contain more than 20 units and will comply with this requirement. The 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 will be provided at the entrance of the development; An office to manage the condominium association business will be provided within the president of the condominium 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 Parldng: 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, 2 parking spaces shall 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 Requirements: 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 minimum length and width dimension of 20 feet. The open space shown on the site plan demonstrates compliance with this requirement. £ Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qual~ing amenities: 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 life). 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 Cert~cate of Zoning Compliance's on this site. Staff is generally supportive of the proposed elevations with the following comment: Staff has requested that the applicant submit a perspective view of the 2- unit structure proposed at the northeast corner of the site prior to the City Council meeting. (Applicant has complied with this requirement and the perspective view of all of the proposed units is included in Exhibit h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: Bellabrook Villas RZ CUP PS PAGE 9 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE 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 mature 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 Responsibilities: Per UDC 11-4-3-27G, 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 features. Existing ResidencesBuildings: The site currently 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 LDS 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 not allowed adjacent to common open space or micro-pathways. The existing 6-foot tall closed vision fencing shown on the site plan adjacent to the common area on the eastern portion of the site should be removed if permission can be obtained from the LDS Church. If permission 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 floodplain/floodway; the applicant is in agreement with Staff's recommendation. Perimeter fencing is required to be installed around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with UDC 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 50 foot wide "flag" from Locust Grove. The other 3 acre parcel to the east of the Smith parcel is owned by Jerry & Betty Cunningham and appears to be vacant. The Cunningham's also own ahouse/lot in Woodbridge Subdivision that abuts the vacant parcel on the south. It is unknown whether or not the Cunningham's have an access easement across the Smith property to Locust Grove Road. Approximately'/z 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 not 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 wide multi-use pathway should be constructed as shown on the landscape plan. The applicant states that a 15-foot wide section of the Five Mile Creek is currently piped and that a 5-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 comer of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any Bellabrook Villas RZ CUP PS PAGE 10 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by ayear-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. PRIVATE STREETS: The applicant is proposing private streets within this development. Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff is generally supportive of the proposed private streets within this development. However, the Fire Department has commented that the internal 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 CUP PS PAGE 11 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 units 15-18 and 23-26 be removed, and the streets widened, to allow for parlang on one side of the streets. No parldng should be allowed along the internal side of the streets surrounding the 8 internal units and should be signed accordingly. Parking should only be allowed on the external side of the streets. Note: The site plan does show a 20' x 20' 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 Recommendation: Staff recommends approval of the subject applications (R~07-006, CUP-07-005, & PS-07-002) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of Apri119, 2007. The Meridian Planning and ZOIIIIIg Commission heard these items on Apri119, 2007. At the public hearing. the Commission voted to recommend approval with requirement of a Development Agreement The Meridian City Co ncil heard these items on Mav 22. June 5 & 19. and July P 11. EI~~ITS A. Drawings 1. Site Plan (dated: '", 2. Landscape Plan (dated: "' 3. Four-unit Structure Elevations 4. Two-unit Elevations for Structures along South Boundary 5. Two-unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) 6. Perspective Drawing of the Two-unit and Four-unit Structure 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 Bellabrook Villas RZ CUP PS PAGE 12 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JiJNE 5, 2007 A. Drawings 1. Site Plan (dated: "' CONDITIONAL USE SITE PLAN FOR BELLABROOK VILLAS SITUATED IN A PORTION OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2007 ~i' ~ a-S ~- k IIx I e_,. ~os«ar~cc.an - i it I ~ In ~ ~;:_ ~' ~ Il~i~cif~l ' v -- - - -.1¢ _- _ --- -- _ ~ - ' "`' O I i I ' 1 I I I I i I ~I I III ~ ' ~ © ' , ,, - ._ -.,- i `^ _ I. L ~ a / ~ ~ - ID~ • @ I _ ri II _ '' ~ ~ ~ w ~ °" _ ~ ~~ '" 4. , II ~ ~ , .~ ®~ , ,~ ~.~. ® ~ - - T_ P _ _ _ .~y. ~ - II ~ ~~ ~ A ® - ' t - I ® ~... y . ' ~ N9N tl ~ ~ ~ ~i ~ rl ~" ' O ' ~ . ~ ; ; ~ ~ ~ , I~ f ' ~. i ® ~,_ ® ®~.~~ ® _ ,~,.~ x+a me. ~1~ ~+-~ ® ® + 7 t ~ ¢T+~-i, ,..- IR~LA'RED.{HLLD .. _ ~ ~.,_, gym.. ..~. i~~F . (R-4 PUG) g4 I ® ~ -__-__ s, .n atb: .,.e.,.e _ ®= ', ~~ , r ro v:«g ~ = r...aou.a~xa er:6: 's'rpl. ~ ' mm .~~~w,~~ A~ ,~ my .a .~, r~,.,~ ~a~ ~ ~ nb~ w. i _ v way. TyPenot 6f RPET 88CTIdV ~~ 4 uta+twn® tc-a) I LEOQm -... ®m o ~ ~`~ wmmraaw wmmo~nvm . uraa~oum __.- __. __ ~.,~. ~~ `~ d ~~~ ~~~~ ~~~~ I i i I Exhibit A CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARIN~ATE OF NNE 5, 2007 2. Landscape Plan (dated "'~ ~1151SL~, coNOmoNa. uae LANDHOAPE PLAN FoR BELLABROOK VIt1Ae HmIATED IN A PORTION OP BEOTION tT. TOWNHHIP 3 NORTH. RANOH 1 EAST. BOIHH MERIDV W. ADA GOUNTI'. IDANO 2W'l ~~) \ I I ~ III I uywa i i ~ - i • V _ \ ~ ' _ fir I 1- ..~ Y ~ ~+ '°~ acNe: j~wc ....o,. i u I .~ d 1 Y °~~ _ _ - R - ~ - --- ~ - -° ~ ~ ~ va®vaa.emnanw~enwalra.o ", +~} q. -a e~aa zaa ~ ~`~s~s ~~~ E ~~~n ..~,.~ ~~~ coNOmoNnnt_ uaH uwoac~we PLAN POR HPiI.Aeaoolc VILLAB Bfl'uATEO M A PORTION OF HHCTION 17, TOWNHNIP 3 NORTN, RlWaE 1 PJ 8T, BOIBH NIERIOUW. AOA OOVNTY, IOAliO 'dO07 a ~o F, m A~ r4 •; a ~ s ~°_ {~; ~1 C- -o aiaoueramvaawowmsw~a~aro~ ~ a s:6 ~s...e p:Q - m s o ; ~yy'~ ~~$ ®.~H~molnaar ®ms~n ~~ ~s ~ ..~ jca i Inoo~tlu+val~m®iolamm ~ ~..u °®`°m~°•°° ~ ®~. ~ ®®` I, - m ~h-`J- r __ ~® i ~.-- ~ ~ , PI ~~ ~ ~:, / ~ ~`~! ~a -f i { __ i i .~e~r Y ..ie~~- rrts~ I r S N .®em i -r ly I .®~m r ~~...o ,~ --- m, uv.~rtvnwvmaru~ 2~$5 ffi ~~1~ Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JiJNE 5, 2007 3. Four-unit Structure Elevations Front Left Side _EFT SID= ELEVA~°N Rear RCA? =i cva-re~ Rlght Side P.I..HT 5 JF LLLV,'~ IIJN FRONT ELEVATION r-~ ~• r v U '~ a m ~ ~tl " ~= A 1 oy Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 4. Two-unit Elevations for Structures along South Boundary Left Side Front Rear Right Side Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2007 5. Two-unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) Front FRaIVT [i; [tIA TJfAI Left Side Rear TSAR ®ELEVA~= Right Side Exhibit A CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HEARIN!'~ATE OF JiJNE 5, 2007 6. Perspective Drawine of the Two-unit and Four-unit Structure Elevations ;,. i ,, ~` ~- ~,;, ~ ~~ h !~'-~ w-;~-.- ;_; + ~,~ ~ - ~~ _..~-_:- ,.ll dz~ji.x. ;~ 3~ _ r ~, a., •4~. s :~~I~ r• a ~~ L,, Exhibit A CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 Prior to the rezone ordinance approyal, a Development Asreement shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the followins: • The development of this site shall substantially comply with the site plan and conceptual elevations submitted with this application (shown in Exhibit A) and presented at the public hearing. 1.2 SITE SPECIFIC REQUIREMENTS (CONDITIONAL USE PERMIT) 1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepared by Erickson Civil, Inc., dated February 14, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-006) and Private Street (PS-07-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-005). 1.2.2 The landscape plan prepared by Erickson Civil, Inc., on February 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 Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan 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 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 THE HEARING DATE OF JUNE 5, 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 tentative approval of the Private Street application by the City Council, subject to any applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION 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 (ACRD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; • Create a perpetual ingress/egress 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 units 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 ~ include multiple/all multi- family units within the development 1.2.9 All signage 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.Provide 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 features. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.12 he Annlicant ha 1 record an aQreemen ~rantin cro acce to the nronerty o the ea nrior_t9~ubmittal of Certificate of in ['omn fiance ann ication. Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TE OF JUNE 5, 2007 1.2.13 he Ann icant ha 1 po a inn a he end of he private treat at he ea nronerty bopndarv to 'n that the road wL be extended 'n he fut,~re 2. PUBLIC WORKS DEPARTMENT 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 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 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 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. 2.8 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 adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• ATE OF JUNE 5, 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 past the right-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 maybe 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 association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 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. 2.16 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 Works development plan review, and construction 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 sidewalk 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 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. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 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 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 3600 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 story Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed 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 for bacteria 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 Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 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 approved 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 combustible 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 or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.10 Building setbacks shall be per the International 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 GVW. 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 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 The first digit of the ApartmenbOffice Suite shall correspond to the floor 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 PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.19 There shall be a fire hydrant within 100' of all fire department connections. 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 in 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 Private streets are not wide enough to allow parking for visitors. Visitor parking should be provided on the site. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated March 26, 2007, in response to this application. The letter states that because the internal roadways are proposed to be constructed as private streets rather than public streets, ACHD 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. Additionally, the Applicant should submit construction drawings to the ACHD 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 C. Legal Description & Exhibit Map L~*tt~~ ~ ~_~~iox~ ~~~c'1~'}t4~}~6 Vt~~~S ~~ p~rc$1 c~ttaiin~ ~. acts ~ ~ <~~ to .s~semems ~xi~f#rtg or ~~e . Crint~a W, t~n~n, Pty r+~y 1 ~„ Z -, ~x ~la,:~.i11J'~I~~~ ~~..~. a. ~~~ , a~ Exhibit C CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 5, 2007 E~lib~rt~ 'ill r~d+ ~i~it r~~ ~ ~~E ° ~ ~-~ ~~~ n~ ~~~ ~F s~crvc~n~ ~ ~, T~~il, ~ ~, B~1li, ~ t~F lrJt~R~[~~6V, R~,~1 ~~Cl~T°Y, r~'~H~ 2(~QG ,r f E;~aa~w~s~ ~~ ~ ~: _~ c. :r . ~, :' ®p~~~ g~ •r'9 Ur ~~~ B A b` i~rt' b i 0 4 ~i~ ffi. a ~R'rv ~°,y ~n~ ~~ -n ~. ws'rI ~11~ ~/r w: ~ ._~ V $ ~~d4Afk'~f R~ ~t~ ~~~~ ~~7t~ ~~.~ M ' WJ ~M1ifd ~- 6d e'a 0l4 °~.~nd SGr~w+e~ir~ ~ntt ~+~ns~tt~~g ~~~~~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JUNE 5, 2007 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 zone all of the subject property to R-15. The Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. c. 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 maybe provided when determining this fording. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the subject rezone request; the Council finds that the rezoning of this property to R-15 is in the best interest of the City. 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. The Council finds 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-15 district and the multi-family Specific Use Standards. Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan 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, 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 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 standazds. 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 Council fmds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepazed 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 aze 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 Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze 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 welfaze 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 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 Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and 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 from 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 conflict with the Comprehensive Plan and/or the regional transportation plan. The Council fords that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D C~ August 10, 2007 VAC 07-008 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Tealy Land Surveying ITEM NO. 5-K REQUEST Resolution:: VAC 07-008 Request for a Vacation of the City of Meridian utility easement common to Lots 1, 2 8~ 3, Block 1 of the Fallon Greens Sub for Hampton Inn and Suites - 815 8~ 875 South Allen Street & 2870 East Freeway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: , / CITY PARKS DEPT: /~/ MERIDIAN SCHOOL DISTRICT: ~/J 1 ~~~III / 1 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date:g ~ ~ Phone: 3~S-° dG 3~ -e,~.. S, C1 Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • AOA COUNTY RECORDER J. DAI~AVARRO AMOUNT .00 BOISE IDAHO 08I23I07 04:44 PIS DEPUTY Qail Qarrett 111 lllllllllllllllllll~llllllllill Ill RECORDED-REQUEST OF 1~7'11'~~75 Meridian City CITY OF MERIDIAN RESOLUTION NO. 0 7 ~ ~ 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PUBLIC UTILITY EASEMENT LOCATED ON A PORTION OF LOTS 1, 2, & 3, BLOCK 1 OF FALCON GREENS SUBDIVISION LYING IN THE EAST % OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 24, 2007 the City Council of the City of Meridian, held a hearing on the vacation of the public utility easement located on a portion of Lots 1, 2, & 3, Block 1 of Fallon Greens Subdivision lying in the East'/2 of Section 17, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of the public utility easement located on a portion of Lots 1, 2, & 3, Block 1 of Fallon Greens Subdivision lying in the East 1/z of Section 17, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit «A» Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~~day of _ f~yt-~J ~-f~ , 2007. VACATION OF PUBLIC UTILITY EASEMENT HAMPTON INN & BUTTES -VAC 07-008 Page 1 of 2 L J APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l ~ ~ day of ~ ~ ~.-d ~ , 2007. MAYO MY de WEERD ATTEST: ~~\\`~~~9+i~i~ia ~~~ss ,~, ~~ ~ .` ~ ~~~ WILLIAM G. BERG, JR., CITY ~L ~ m °', ~ ~~~ ~'s's~'~~OBB1Jlll i H 1199i1l4~~~~Oe~ STATE OF IDAHO, ) ss County of Ada ) On this ~ day of ~ 2007, before me, the undersigned, a Notary Public in and for said ate, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above writtenA ....• (SEAL) ••~'(irRE,ZG+~• .• ~•s ~ ~" ,~' BAR y ~,', . ~, ~ ,~ . ~' ~ ~ ~ . S • ~~~~~((~\\~// • ~ \]/ ~~~~ e ~. • , R~• i~OTARY PUBLIC RESIDING AT: ~~ MY COMMISSION IDAHO .~G-)1~ I VACATION OF PUBLIC UTILITY EASEMENT HAMPTON INN & SUITES -VAC 07-008 Page 2 of 2 Map Depicting Portion of Easements to be Vacated ~~~..~_ mph ....- H ~1.~ 0 ~r~aese jo. sisve .7'6•dKlE .oRfR.00 a $~ ~ ~~ ~ ~ 3 I i i _~.~ ~ ~ l W ~ W ~ ~... ~ _ r t,~ r .~ ~ Q 1 _ ~D ~~^ a ~ oN~. J I ~ ~~. m Z g ~ t ~ ~ J~°~ ~' Q „ ~ "'' ~7 ~ !M 1aJ Z ~ ~ 1 ~ :Q ~ ~ ~ ~ l 3 O a~~ 'Q ~ ~ ~ 11 ' ~ ~ to U k ~ ~ ~ 3 3 ~o` ?fie ~ ~ ~! i`' r ~ ~' a a iP ~ ~ ' -J ~ f Jr f ~~ a• h j ~~ 7:' i 1 ~, . 7rl N ~.~ K 1 ~ r W t + 4 d ~ ~~ .. ~ ~ m g ' Q ~ 1 \~ ,~ 133IliS N3"Ily HJ,f1QS ~,~ a' t! fA77 i .OB.717.E0 6 1 '~,~ ~ ~ `. e ~~ ~ ` ~~a ~~` ~) \~ O6 }` ~.'y~ ~ ~ # 5`, 1 fs ~'~ ` a~ 6~ ~`` tea, 0 e ~ `~ ~ i ¢~ ''~b~ .~~ ma'y' *~J/ ~1ti,'Y~ / 2 d ~ 7zy m '~ ~ ~ ~ E ~ ` ~ ~ ~ .°z .. o. ~ ~~ ~. y~y ,~J `~ :.7 ~We m ~ J a' W la t~Vi U V i`t ~ .~ I I I ~ s7 1'1*J w ~ ~ c mr,a' :J 7 ~ d 1 ~ ;'7 jE 7p ' 1 ~ ~' ~ p ~' Kt a' ~ ~ 1 ~ ' ^' 1 ~ g .`°' 1 I ' ~~ August 10, 2007 SHP 07-005 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2OO7 APPLICANT Joint School District No. 2 ITEM NO. 5-~ REQUEST Request for a Short Plat to Great 2 office /educational buiding lots on 33.315 acres in a C-G zone for Joint School District No. 2 - 1303 East Central Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: COMMENTS Bee attached Staff Comments Staff Initials: Phone: Materials preserded at public meetings shall become properly of the City of Meridian. August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-M REQUEST Agreement for Professional Services for Human Resources Consulting with BDPA, Inc.: 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 Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of MeridMn. • • August 10, 2007 AZ 07-4 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Ruby/Edwards Architecture & Design ITEM NO. S-N REQUEST Development Agreement: Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building - 1695 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: COMMENTS See aftached Development Agreement ~~ ~ ~~~~ Contacted: Date: l3 d ~ Phone: i C3 3 Emailed: F~ ~ ~ ' aCrc/id ..¢, , Staff I itials: ~ Materials resented ubUc meetings shall become properly of the City of Meridian. • DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Specialty Contracting, Owner/Developer • THIS DEVELOPMENT AGREEIVIENT (this Agreement), is made and entered into this ~~_'`~"day of ~ , 2(107, by and between City of Meridian, a municipal corporation of the State o Idaho, hereafter called C1TY, and Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPEIt. 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, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Pro~rty; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (I,-O) Limited Office, {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 Flanning & Zoning Commission, and subsequently More the City DEVELOPMENT AGR~NT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE I OF I1 ~ ~ Council, include responses of government subdivisions providing services within the City of Meridian Pl~ng jurisdiction, and received further testimony and comment; and 1.7 WHIJREAS, City Council, the 19`~ day of June, 2007, has approved certain Fmdings 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 W)EIEREAS, 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 OWNEg/fjE~LOPER 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 pr~eedings 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 c~ified in Meridian City Cale Title 11. NOW, THEREFO]fiE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2• INCORPORATION OF R,EC~~. contractual and binding and are into That the above recitals are rporated herein as if set forth in full. 3• DEFIlVITIONS: For all terms, and purposes of this Agreement the following words, phrases herein contained ~ this section shall be defined and interpreted as herein Provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGE ~~ ~~ LOCTJST GROVE FROFESSIONAL OFFICE) PAGE 2 OF i l 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: meads and refers to Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) and developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain pazcel(s} of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERIVIITTED 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 City Code Section 11 which aze herein specified as follows: Personal and professional services offices and clinics in an o, f,~ce building totaling 21,000 square feet in the proposed Ir-O ,zone on 2.48 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan ate applicable to this AZ 07-004 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 SirBJECT PROPERTY: 5.1. Developer and/or Owner shall develop the Property in accordance with the following special conditions: 1. That development o~ this property shall conform to the concept plan prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet Al.l, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions or other enlargements to DEVELOPMIIVT AGREEHRENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 3 OF 11 ~ ~ the existing single-family structure will be permitted. 3. That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. 4. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 5. That all pazking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 6. 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 welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 7. That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-0 zone. S. That the hours of operation shall be limited to 6 a.m. to 10 p.m. 9. That one office-type building may be constructed on this site. 10. That the future office building shall have a maximum size of approximately 21,00 square feet, and be restricted to a height of 35 feet. 11. That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cornices; a form of awning overall building entrances; at least 30°l0 of the street-facing facades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Duector or otherwise approved through a Conditional Use Permit. 12. That a 25-foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the right-of-way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. DEVELOPMENT AGREEMENT (AZ 07-0(?4 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 4 OF 1l s • 13. That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter fencing, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. 14. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site. 15. That vehiculaz access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACRD; no vehicular access to Overland Road is approved. 16. That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that aze deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. 17. That the Applicant provides easements for all required sewer and water mains that are not located within the right-of way. 1 S. That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. 19. That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Developer'shefrs, 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: OwnerlDeveloper consent upon default to the reversal of the zoning designation of the Property subject tb and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 07-~4 LOGUST GROVE PROFESSIONAL OFFICE) PAGE 5 OF i l 7.1 That the City provide written notice of any failure to comply with this Agreement to 4wner/Developer and if the Owner/Developerfails 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/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. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/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. ff for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, 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 the City orOwner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 6 OF 11 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 ~riod, 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 ~ performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such perfonmance, 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developeragrce to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties andlor required by this Agreement shall be deemed delivered if and when personally delivered or thr~ (3) days after DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 7 OF 11 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c!o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIIVIE 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 helpunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING USN SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and perscmal representatives, including City's corporate authorities and their successors in office. This DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 8 OF 11 • . Agreement shall bebinding onthe Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have 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 andunderstandingsbetween Owner/Developer and City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express orimplied,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 writung and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Properly and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELQPER: SPECIALTY CONTRACTING .~ ~? ~ s~ s~ ~-~ ~~ =~ ~.s. `•u By: CITY OF MERIDIAN By: MAYOR TAIVIlVIY de WEERD Attest: C1TY CLERK DEVELOPMENT AGREEMENT (AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE) PAGE 10 OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this ~ day o 2007, before me, the undersigned, a Notary Public in and for said State, personall ap ~ ~ c~~'~ known or identified to me to be the ~1r1 e r of Special ontracting and acknowledged to me that they executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. N4 piAPMM1 Iddq STATE OF IDAHO ) ss County of Ada ) Notary blic f • I Residing at: My Commission Expires: ~"? / On this dayof 2007, beforeme, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first alcove written. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ DEVELOPMEIVVT AGREEIVILNT (AZ 07-004 LOCUST GROVR PROFESSIONAL OFFICE) PAGE 11 OF 11 ADA COUNTY RECORDER J. NAVARRO AMOUNT .00 37 B015E IDAHO 09/10/07 1~~~ DEPUTY Vickl Alton ++tt i + + + RECORDED-REQUEST OF ~f l ~11~II1IIIIIitIIIItIIItlllii iii llf City of Meridian 197126900 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Specialty Contracting, Owner/Developer THIS DEVELOP NT A REEMENT (this Agreement), is made and entered into this ~l0 ~'' day of , 2007, by and between City of Meridian, a municipal corporation of t State of Idaho, hereafter called CITY, and Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 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. § b7-b511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerting the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (L-O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE 1 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 19`t' day of June, 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, 2(H?2, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City 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 are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE 2 OF 1 l AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • 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 OWNERlDEVELOPER: means and refers to Specialty Contracting, whose address 2525 Stokesberry Place, Suite A, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owner(s) and developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Personal and professional services offices and clinics $n an o,~ice building totaling 21,000 square feet in the proposed L-O zone on 2.48 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-004 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. Developer andlor Owner shall develop the Property in accordance with the following special conditions: 1. That development of this property shall conform to the concept plan DEVELOPMENT AGREEMENT PAGE 3 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet A1.1, as determined by the Planning Dvector or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions or other enlazgements to the existing single-family structure will be permitted. 3. That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. 4. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 5. That all pazking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 6. 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. 7. That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-O zone. 8. That the hours of operation shall be limited to 6 a.m. to 10 p.m. 9. That one office-type building may be constructed on this site. 10. That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 35 feet. 11. That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cortices; a form of awning overall building entrances; at least 30°!0 of the street-facing fagades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated Apri120, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 12. That a 25-foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the DEVELOPMENT AGREEMENT PAGE 4 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • right-of--way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. 13. That a 20-foot wide land use buffer and 6-foot tall, vinyl perimeter fencing, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. 14. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site in a manner that shall prevent any runaway vehicle on the entryway slope from penetrating the property line to adjacent property. 15. That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACRD; no vehicular access to Overland Road is approved. 16. That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that aze deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grave Roads. 17. That the Applicant provides easements for all required sewer and water mains that are not located within the right-of--way. 18. That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. 19. That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Developer'shehs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years ofthe 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/Developerconsert upon default to the reversal ofthe DEVELOPMENT AGREEMENT PAGE 5 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 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/Developerfails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developershnll, 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/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. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/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. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE b OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City orOwner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party"s seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty {30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the OwnerlDeveloper agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Progeny shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT PAGE 7 OF I 1 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three {3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID $3642 OWNERIDEVELOPER: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 DEVELOPMENT AGREEMENT PAGE 8 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • • representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. Z0. 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: 't'his Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express orimplied,between Owner/Developer and City, other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21. I No condition governing the usesand/or conditions governing re-zoning of the subject Property herein grovided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 9 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE • ~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SPECIALTY CONTRACTING CITY OF MERIDIAN sy: MAYOR T Y de WEERD Ap`~~, 111 r , Cpuncil / ~ ~" 0 7 Attest: ;~ ~' ~~~ r =; F~ -, s~~.L CITY CLERK ,~ „y ~ ~~ fllffll111 DEVELOPMENT AGREEMENT PAGE 10 OF 11 AZ 07-004 LOCUST GROVE PROFESSIONAL OFFICE STATE OF IDAHO, ) ss County of Ada, ) On this ~_ day of ~ , 2007, before me, the un ersigned, a Notary Public in and r said State, personally appeared -c~c~- T known or identified to me to be the of Specialty Contracting and acknowledged to me that they executed the same on behalf of said company. 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) ~IELBSl1 Nolary Pub1c ~aN d kiCi+io STATE OF IDAHO ) ss County of Ada ) •t•-^+ On this ~ day of _ cSCt~~Y1_j~~y , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •••t~' M• G~~•~• (SEAL) ; : ~ "~', `,~' : otary Public for Idaho Residing at: C'~, -d uyt1._I ~ IV • Commission expires: ~^I 1 1 ~ ~ ~, r~ • TY •' •~ • DEVELOPME ' PAGE 11 OF I 1 AZ 07-004 LOCUST b~E PROFESSIONAL OFFICE My Commission Expires: - ~ • • A. Legal Description 'T''O~TiHMAI~-t?>~TON T~t~1IRiNG C~'b~P.A1a1Y ~~ ~ sitm~iroits.,~.~~:+~tvra~ts ern cH~na~:soui.~r, . JD11N0 ~#7'# d=~Qt18 x.723=7~~.; ! F/1~J~ X~~~'3 ~9~ . ElDm P.A+I~~:_l ~ 1 Ei~IIHIT ~A~. A po.~tion't~Ft~ rlvtthea~' Qnrter o~tlie.Niart~ast`C~vacter of ~adioa Y9. Tovutnsbip ~.,At~,. lunge 1 $oya~e'1Vieridi~, ~it;Y-+1fA~id€an,~Ada.~ouoty, Idaho;.itas~~folk>~a~: ~~ ~t=tha~cflxner c~nnra~'to $ns I~, :1#i, ;I9 •~~ 2t}, TOwt~itip' ~:Nf~rdt,, Ii~t~ga ~ ~~-~Mer~a,:fiamt~r~ich ~~~'~i~rer'ean~tss:said ieina tg~ atid~ 1:~; . g:~9°#~'43"'W ,.2Cx~9.1 i fiat; .ihcmce;:alcmg t~•eesterly line ®f mid ~Ctibn 19; 1, S:Q'~S"~!:, ~i8~t~~~et the aton;`t~e~o~ttheriY liar O~L.ols 5~.~e~~ 5?; $loek 2 .of~S~ Pi~inte:Subdi~-it~t••AiQ. ~ as~l:the egsterly prolongation thereof+ ~~. ~:>~~zs~s~vv:~ 1a~ ~3: tti, ~!~s;terlk~line:'9~ •Slpoxt;t Pafinte •Suli~v~lsfoit N. o. 5'.ar~d ~ p~biangatioai•tlz,~; 3. N:18°19'3(~i'W:, S!Q5.45~.~e~t ~•th~nprtl~rTy~linc~f~said S~titbrt 19~ t~cncp.•a~ng:ea{~ iT.y tine, • 4:. rf:B$n43'4~''la., •295.$1 feetto•d~e,PO1lVT (~F B~(~iN#1~1•~. COli1TA,fi1tNG•~.4g ; •mcsru ar less Refer is miade. to EXNtBIT "~"-Redone ~teicb Flan, witch Ys.ri~de~.a pzufi crfthis tlocun~o~ T.HtS bE~AI WitiS P~'ARED`f!~OM.~3JPU12t~kTI~iNCONTAIt~f~D IN INS~UMFNT 1~:3 t0~039l223~~y4ND'1dQti~3Stt; ~Y ~~ ~ ~ ~~ 7 {i~~ +' 80LSE • CO~t~•ri'AI,~Ft+ • C.AlL~11+1-ELt..• Page 1 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • F ~ iu~ ~ ~ In the Matter of the Request for Annexation and Zoning of 2.48 Acres from RUT to L-O, by Ruby ~ Edwards: Architecture + Design Case No(s). AZ-07-004, ALT-07-OthS, &DES-07-002 " For the City Council Hearing Date of: Jane S, 2007 (Findings on the June 19, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attaches Staff Report for the hearing date of June S, 200?, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of J'tme 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing daze 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 S, 2007, incorparated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Laca1 Land Use Planning Act of 19?5," caiified at Chapter 65, Title 67, Idaho Code (LC. §6?-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 pu~uant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S~ AZ-07-004, ALT-07-~5, & DES-07-t~2 LJ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed develop~oaent will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the Applicant, the Planning Department, the Public Works Department, and any affected Party requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 200?, 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, aad based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1: The applicant's request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated February 13, 2007 by Jeffrey H. McAllister, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference; and 3. That the Applicant installs either bollards or cement posts In the southwest corner of the lot parallel with the entrance to the site. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FII~TDINGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-004, ALT-07-005. & DES-07-002 By action of the City Council at its regular meeting held on the ~ '! ~ day of ~r- GY~+•C_ , 2007. COUNCII. MEMBER DAVID ZAREMBA VOTED ~ J~~~' COUNCIL MEMBER JOE BORTON VOTED_~~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ '~~- COUNCII, MEMBER KEITH BIRD VOTED__~A~G+~~ TIE BREAKER ..---.. MAYOR TAMMY de WEERD ~ VOTED Copy served upon: ,,~~ Applicant ''''~~,,,~,~~Y,~ Planning Departmeli~ ~Fublic Works Department / City Attorney B Dated: (.p• ZC~ .O-1 City Clerk's Office CITX OF MERIDIAN FINDINGS OF FACT, CONCLU510NS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-W4,ALI-07-005, & DES-07-~2 CITY OF MERIDIAN PLANNING D[~TMENT STAFF REPORT FOR THE HEARING OF ]ONE 5, 2007 STAFF REPOYtT Hearing Date: June 5, 2001 TO: Mayor dt City Council FROM: Amaada Hess, Associate City Planner (208) 8845533 SUBJECT: Locust Grove Professional Office • A~07-004 p ~* e-~nr car ~ ~~%'Y[B17G~1~!? { ~ iuvfo r A~exation and Zoning of 2.48 acres from RUT (Ada County) to L-0 (Limited Office District), by Ruby ~ Edwards: Architecture + Design • ALT-07-5 Alternative Compliance for hardscape within the required arterial street landscape buffers • DES-07-OQ2 Design Review for an office building totalit}g 21,000 square feet within the L-0 zone 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ruby ~ Edwards: Architechue + Design, has requested Annexation and Zoning (AZ) approval of 2.48 acme from RUT (Ada County) to L-0 (Limited Office District). Staff also required application for Design Review for the proposed office building, and alternative compliance to the City's landscapmg requirements. The subject property is located on the southwest corner of Overland Road and Locust Grove Road in Section 19, Township 3 North, Range 1 East, B.M., and is cuaently referenced as Assesror's Parcel Number S 1119110026. The property is within the City's Area of Impact and Utlua Service Planning Area. Approval of the subject AZ application would allow the Applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are princiP~Y Permitted uses in the proposed L-0 zone (LJDC Table 11-2B-2). The Applicant hss not submitted a subdivision or certificate of zoning compliance application at this time. However, the Applicant has submitted a concept plan for haw the subject progeny may develop, and elevations for what the future building will look like. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff rotated to all of the submitted applications (AZ, ALT and DES). On the submitted conceptual plan, the Applicant has depicted one access to Locust Crrove Road. The driveway is located near the south property line, approximately 440 feat south of the Overland /Locust Grove intersection. Because the Applicant has not submitted a subdivision or CZC application at this time, ACRD has not reviewed or approved access to this property Yet (to be reviewed with CZC application is the future). The Applicant is proposing to make site improvements (landscaping', pathways, etc.) at the time of submittal far a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Cade, including but not limited to, lurking and landscaping. Staff has reviewed, as pert of ALT-07-5, the proposed landscaping at the corner of Locust Grove Professional Office - AZ-07.004, ALT 07-OaS, & ADR-07-2 Page 1 CITY OF MERIDIAN PLANNING DI~TMEIVT STAFF REPORT FOR THE HEARING OF JUNE S, 200'7 Overland and Locust Grove Roads. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation and Zoning application (AZ-07-004) will be included in the Gammission's recommendation to the Gouncil. The Commission must make a formal recommendation to the Councll on die anneacsttion application. Ait~ungh it is not on the agenda as a public hearing item, the Communion may also review and make recommendations regtu~g die alternatfi-e compliance and design rev~w applications, as these applications are key to the propel development. Staff ie recommending approval of the Locust Grove Professional Ol~ce application (A7~07-004, ALT-07-0QS, & DES-07-~2) with a Development Agreement got the pro,~ect. a. 3~ arv 9f Pablic Hearine: i. Iafavor' Wes Edwards (AoDlicant's Rep msetrtative)• C stie s Fldridsre @evelo~erl ii. In opposition:. None iii. CQr~amentiag• Mike Ball tPre,~aidet~ , Stxyrtsman's , Pointe HOA)• Gene ~eitell .Neighbor); Mike Bassett (Neil iv. Written testimony None v. Staffga,~plication: Amanda He ss vi. Other S commenting on appfi~, tion: Caleb Hood Kev b. Issues of Discussion by Comnmissioa: _ i. wallowed uses within the L-O zone an d compatibili ty of those uses with the adjacent residential subdivision: ii. The hours of o~eratior~. iii. The grading of theBry so as not to im ~p~ict the adjac ent r esidential subdivision: and iv. The provision of additional landsea~ing to buffer the adja cent residential subdivision h d ffi b ildi c. Kev e propose o ce u ng. m t Commission Changes to Staff Recommendation: i. That the hours of 'on for the site be from 6.00 aam . to 1 0.00 gan. • and ii. '~+ six-foot tall vinyl aerimeter f~+n~ be installed alontt the west and south B,ronerty lima. d. Outstanding issue[sl for Citv Council: i. Resident concerns reggrdinrr comg~tibilit y of elevations/beigh twithhomes tathe west GT1Y OF MERIDIAN PLANMNG D~tTMENT STAFF REPORT FOR THE HEARIN~TE OF JUNE S, 2007 G 1. the eKltranc~ t~ the 3. PROPOSED MOTION APPm~ After considering all Sta$ Applicant, ~ public testimony, I move to approve File Nmmber AZ-07- 004 (and ALT-07-005 Bt DES-07-~2 optional) as presented in the staff report for the hearing date of June 5, 2007, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to den3- File Number AZ-07-004 (and ALT-07-0OS 8t DES-07-002 optio~l) as per-during the public hearing on Jvae S, 2~7, for the foUawing reasons: (you should state specific reasons far denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07- 004 (and ALT-07-005 & DES-07-002 optional) 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 PROPII'.RTY FACTS a. Site Address/Lacation; 1695 S. Locust Grove Road SWC of Overland Road and Locust Grove Road Section 19, Township 3 North, Range 1 East b. Property Owner of Record; Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, ID 83642 c. Applicant: Ruby I Edwards: Architecture + Design 615'W, Hays Street Boise, ID 83702 d. Representative: Wescott Edwards, Ruby I Eda-~,r~; Architecture + Design e. Present Zoning: RUT {Ada County) f. Present Comprehensive Plan Designation; Office g. Description of Applicant's Request: Annexation of 2.48 acres from RUT to L-O h. Applicant's Statement /Justification The application is to construct atwo-story 21,000 square- faot office building. The building will be designed to accommodate professional offices and / or medical offices. Access to the site will be from Locust Grove Road. Parking will excecrd that required by the UDC. All required landscaping will ,comply with the UDC. (Please see Applicant's submittal letters for more information) S. PROCESS FACTS Locust Gmve Professional Office - AZ-07-0Oa, A~.T-o7-OOS, & ADR-07-002 Page 3 CITY OF MERIDIAN PLANNING D1~TMIINT STAFF REPORT FOR THg HEARING~fE OF ]UNE S, 2007 a. The subject application will, in fact, constitute ati annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Cade Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications publisheri on: April l ~, 2007, & Apri130, 2007 (Planning & Zoning Commission} Mav 14.2007, 8c Mau 28.2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: Apri15, 2007 (Planning 8t Zoning Commission) May 11.2007 (City Council d. Applicant posted notice on site by: Apri123, 2007 (Planning & Zoning Commission) . May 26.2007 (Gifu Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and outbuildings on the subject site. b. I?esciiption of Character of Surrounding Area: A highly trafficlfed intersection with commercial /office development pro~sexl at all corners. c. Adjacent Land Use and Zoning: North: Maverick store, zoned C-C South: Residential (Sportsman's Fointe Subdivision), zoned R-4 East: Vacant land, zoned C-N West: Residential-(Sportsman's Pointe Subdivision), zoned R~ d. History of Previous Actions: N/A e. Facisting Constraints and C-pportunities: 1. Public Works Location of sewer: There is sewer stub off of E Overland Road and an existing sewer service off of E. Pocock Street Location of water: There is currently a water service stubbed off of E. Overland Road Issues or concerns: None 2. Vegetation: There are same existing trees on the subject property that should either be preserved or nnirigated for at the time of development. 3. Floodplain: A portion of the site at the west property line is located within the S00-year floodphwi. 4. Canals/Ditchesllrrigation: N/A 5. Hazards: Vehicular access to this site -This site has frontage on Overland Road and Locust Grove Road. ACHD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff can not guarantee the access pro~aed on-site will be approved by ACHD Staffi Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L-O Lpcuat Grove I'rofesaional OBfice - AZ-07-004, ALT-07-005, & ADR 07.002 Page 4 CITY OF MERIDIAN PLANNING D1~TMENT STAFF REPORT POR THE HEARING OF JUNE S, 2007 7. Size of Property: 2.4$ acres f. Summary of Promised Streets and/or Access: Although no development is promised at this time, the submitted Concept Map shows a driveway acce~ to Locust Grove located near the south boundary (located approximately 380 feet south of Overland Road). Staff is supportive of the general location of this driveway as it appears to be the best location for access. However, Staff believes that Overland /Locust Grove will Likely become an even snore intense intersection once the Locust Grove overpass is complete. A full access in such close proximity to said intersection may create a traffic hazard. Therefore, Planning Staff can not guarantce that a full access can or will be granted by ACRD for the subject site. g• Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 2S-foot wide landscape street buffer is required adjacent to Overland Road and Locust Grove Road, both arterial roadways. 2. Width of buffet(s) between land uses: Per City Code ([JDC Table 11 2B-3) a 20-foot widc landscape buffer is required between L-O zoned propertie and residential uses/zones. There are residential uses to the south and west of this site. 7. COIVIlVIENTS MEETING On April 13, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Deparhnent, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all commits and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Office." The purpose of a medium density residential designation is to provide opportunities for low-impact business. Uses may include offices, technology and resource centers, and ancillary commercial uses. (See 2002 City of Meridian Comprehensive Plan, page 10~ Staff finds the following Goals, Objective, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (St~`'analysis is in italics below policy): • Chapter VI>; Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets " On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove Road, approadntately 38Q-feet south of Overland Road. ACIR~ has not yet revdewed or approved access to the site. Cfty Sta,~`'is supportive of limiting vehicular access to this site to one point; es allowed by AChID. • Chapter VII, Goal IV, Objective D, Action 4 -"Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Locust Grove Road are designated arterial streets By City Ordinance, 2S- foot wide landscape bu,~`ers are required adjacent to Overland Road and Locust Grove Road Landscape bcg~`ers along Overland and Locust Grove Roads will be required by the City at the time of procurement of Certificate(s) of Zoning Compliance. • Chapter V, Goal III, Objective D, Actian S - "Require all commercial businesses to install and maintain landscaping.°' The Applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the Applicant will 6e required to construct interned and perimeter landscaping at the time of procurement of Certificate(s) of Zoning I.oeusc ce~ve Prof~wsi~al office - Az-0~.~a, AI,T-07.005, & ADR-07-002 P~ s CITY OF MERIDIAN PLANNING DE~~TMENT STAFF REPORT FOR THE HEARING ~ OF ]UNE S, 2007 Compliance. Additionally, the Applicant must obtain Certs; flcare(s) of Zoning Compliance prior to submittal for buildingpermit(s). • Chapter N, Goal i'a Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of Seal 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 1, Qbjective B - "Plan for a variety of commercial and retail opportunities within the Intact Area." Sta,,~'believes that the proposed torte, which allows o„~"ice uses, does contribute to the variety of uses in this area which include: a church, single family homes, multi family apartments, and retail stores. Sta„~j finds that the proposed zoning to L-D is harmonious with and in accordance with the Comprehensive Plan. Sta,,~`'recommends that the Commission and Council rely on Sta,,~"s analysis, other agency/daparrtment consfnents, and any other comments received regarding the appropriateness ofzoning this site for o,,~ce uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11 2B 2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Personal and Professional Services are listed as PP~Y pet7nitted uses in the L-O 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 acxord witb the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures acconomodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ AppHcaHon: Approval of the subject annexation application would allow the Applicant to obtain an office zone. According to current City Code, professional offices and clinics are PAY permitted in the proposed I.-O zone. The Applicant has submitted conceptual site and ~Pe P~ shoa-ing how this site will redevelop, with a single office building, Parking, and landscaping. Based on the policies and goals corttained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Ordinance for L-O zoning, Staff believes that the zoning of this site to L-0 is is the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped February 15, 2007, by Je8'rey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. DeveMpme~ Agreement: UDC 11-SB-3D2 provides the Platming d~ Zoning Commission and City Council the authority to require a property owner to enter izao a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed, use and the adjacent residential uses, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, If the Commission or Council feel additional development agreement regirirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. Locust Grove Professional Office - AZ-07-004, ALT 07-005, & ADR-07-002 Page 6 CITX OF MERIDIAN PLANNING DE~ STAFF REPORT FOR THE HEARING ~ OF JC1NE 5, 2007 A Development Agreement (DA) will be required as part of an amnexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this prods. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report. Concept Plan: Staff is generally supportive of the submitted aonceptval site plan for this property. However, as the plan is conceptual, Staff is unable 1b gauge whether the site dimensions as shown on the plan will fully comply with the UDC. The Applicant should be aware that all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height, and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Staff will provide a detailed review with the Certificate of Zoning Compliance application. The Applicant should be required to develop this site in general conformance with the submitted concept plan, prepared by Ruby l Edwards: Architecture + Design, dated February 9, 2007. Aces: Vehicular access to this progeny proposes a challenge. This property has approximately 220 feet of frontage on Overland Road and 415 feet of frontage on Locust Grove Road. ACHD policy requires right-in / right~out driveways located on arterial roadways to be constfucted a minimum of 220 feet from a stop controlled i~ersection; 440 feet is required for a full access driveway. The property clearly does not have enough frontage on either street to meet the District's policy for full access. Additionally, there is an existing roadway, Peacock Street, located approximately 150 feet south of the proposed driveway access that may create potential fuming conflicts if afull-access driveway were to be located 380 feet south of Ovazland Road. Access to this site shall be limited to one driveway, in a location determined by ACRD. Parking. For professional offices, parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (iJDC 11-3C-6B). For all office uses, parking stalls are cunbntly required at the rate of one space per 500 squaze feet of gross floor arm (ITDC 11-3C- 6B). Per this requirement, 42 stalls are required. The proposed site plan depicts 58 parking stalls on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Staff believes that the site will have ample parking. Per UDC 1 i-3C-5G, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The Applicant should provide a minimum 2-park bicycle rack on this site. Office Uses: Professional and sales offices, laboratories, health raze services and medical clinics are some of the must common principally Permitted uses within the requested L.-O zone. Staff believes that these principally permitted uses are appropriate for this property. However, there aze several retail and ancillary commercial uses that can occur in the L-O zone with conditional use permit approval. The properties at the remaining corners of Overland /Locust Grove are zoned for commercial uses. Staff is concerned that this property may also turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses is the L-O zone. 'This recoation is urtended to protect the reridential neighbors to the south and west from more intense commercial uses (restaurants, laundronoats, animal hospitals, etc.) that could potentially operate a~n this property with CUP approval. According to the UDC, no building or other s>rucdue shall be erected, moved, added to or structurally alter, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Administrator. A Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a Certificate of Zoning Compliance permit should be obtained. Upon annexation and zoning of the property to L-O, the existing residence will become a legal non-conforming use. The Applicant, Commission, and Council should be aware that nD Locust Grove Professional Office - AZ-07-004, ALT-07-005, & ADR-07-002 Page 7 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING OF JUNE 5, ZQO7 alterations, expansions, reconstructions, mother enlargements to the stnidure will be permitted. Hours of Operation: lii the Applicant's submittal letter, the Applicant addre~es the hours of opezation for the proposal development. The Applicant proposes the hours of 7 a,m to 6 p.m. Therefore, Staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from ~ am to 6 pm. Landscaping: Overland Road and Locust Grove Road are classified as arterial roadways. Twenty-five feet of land~ape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3). As detailed in the Alternative Cama~pliance section below, the Applicant is proposing a landing within a portion of the required str~ buffers. Landscape buffers along Overland Road and Locust Grove Road will be required by the City with future CZC approval. Additionally, if the subject annexation and zoning application is approved, the property will then be adjacent to residential propezties, zoned R-4, within rho City of Meridian. To mitigate the existing land uses to the south and west from the fimire office uses on this site, 20-foot wide landscape buffers along the perimeter should be installed prior to receipt of a Certificate of Occupancy for the proposed building. (Sear UDC Table 11 2B-3) Alternative Compliance: UDC 11-2B-3A-1 requires a 25-fit wide landscape buffers along arterials. UDC 1 l -3B-7 prohibits impervious surfaces within landscape strcet buffezs. Due to size unusual shape of the subject property and topographical constraints, the Applicant states that strict adherence to the 25-foot landscape buffer requirement on arterials is not feasible. Additionally, the Applicant maintains that the alternative compliance provides a superior means for meeting the landscaping requirements. The Applicant has submitted an application for altexrative compliance approval to construct a landing at the corner of the Overland /Locust Grove intersection, retaining walls, and two stairways which lead a public plaza, are all to be located within the required arterial buffers. Tire Applicant states that the landing /stairways !plaza will add to the appeal of the corner lot, will be more conducive to the design of the site, and friendlier to the public. Staff is supportive of the proposed concept landscape plan, including the alternative compliance proposal, as depicted in Exhibit A. Staff believes that the subject property does have topographical /shape restraints which warrant alternative means to compliance with the landscaping requirements of the UDC. Significant excavation /grading will be necessary to facilitate the consbuction of the proposed office building on the site. Staff believes the conceptual landscape plan incorporates innovative design such as a water feature, and will provide visual interest for the traveling public. Further, Staff believes the plaza will be an appe:aliag gathering area for future employees on--site. Staff, the Commission, and Council shall make the following determinations in order to grant approved for Alternative Compliance: a. Strict adherence to application of the requirements is not feasible; OR b. The alternative compliance provides an equal or superior means for meeting the requirements; and c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff believes that the alternative landscaping proposal does provlele a superior means in which to meet the intended purposes of the landscaping regulations. Please see Exhibit B for detailed conditions of approval and Exhibit D for the Alternative Compliance findings. Design Review Standards (UDC 11-3A 19): Staff finds that the subject site generally complies with the standards for office structures greater than 10,E square feet within the L-0 district. Please see Exhibit B for details Conditions of Appi9oval. Loot Grove Pmfe~asional Office - A7.-07-004, ALT-07-005, & ADR-07-002 Page 8 t:JTY OF MERIDIAN PLANNING DET STAFF REPORT FOR THE HEARING ~ OF TUNE S, 2007 1. Arcliltectural Character. a. Facades -Facades visible from a public street shall incorporate modulations in the facade, roof line reces3ses 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, ar 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 ar more of the following: a) overhanging eaves, b) sloped roofs; c) two or mare roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations - At least two changes is one or a combination of the following shall be incorporated into the building design: color, texture, and / or materials. e. Mechanical equipment -All ground-level and roo$op mechanical equipment shall be screened to the height of the unit as viewed from the property line. The proposed stractare meets only one of the design requirements for roof lines listed in subsection a above. The Applicant shall provide eaves, a sloped rooii parapets, and / or cornices. OtherwJse, Staff befleves that the submitted elevations generally comply with the aforementioned standards, 2. Color and aaterials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood ar other native materials. Acceptable materials include tinted ar textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, stucco, ar stucxo-like synthetic materials. Smooth faced concrete bloclt; tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The Applicant proposes a combination of textured concrete block, with accents of corrugated metal. A pordon of the building will have a stucco finish. The building wr71 be terra cotta-wMred or other various earth foam. Additionally, the window frames will be bronze-colored Please see the Appdcsnt's narrative for more details regarding the building fi~ades. 3. Parking Lots: No more thaw seventy percent (70%) of the off-street parking area for the structure shall be located betwem the front iacade of the structte and abutting streets, unless the principal building(s) and / or parking is /are screened from view by other structures, landscaping and/or berms. ~ PedusdTan walkways.• a. A continuous urternal pedestrian walkway that is a mininrnm4 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, ar temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving ~ through the use of pavers, colored ar scored concrete, or bricks. c. Walkways at least eight feet ($') in width, shall be provided far any aisle length that is greater than one-hundred fifty (150) parking spaces ar two hundred feet (Z00') away from the main building entrance. d. The walkways shall have weatlu~ protection (including but not limited to an awning or arcade) within twenty of all customer entrances. AB the subject site does not lie within an entryway wrrldor, and there fr a signiflcsnt grade change from the adjacent arterial streets to the building pad that makes an &foot wide walkway dil8cnlt, Staff does not believe the pedestrian walkway requirement of the design review standards should be applied here. Locust Grove Professional Oil;cx - ATr07-~4, ALT-07-005, & ADR-07-002 page g C17'Y OF MERIDIAN PLANNING DE~fMENT STAFF REPORT FOR THE HEARING ~ OF ]UN,E S, 2007 Staff' belfeves the unusasl shape and topographical constraints of the properly restricts design of the property to accommodate rear parking Additionally, the proposed building wiU shield the majar[ty of the parking lot which wilt likely not be visible from Uverland Road. Therefore, Staff' does not believe the parking lot requirement of the design review standards should be applied here, as well. The building elevations prepared by Ruby ~ Edwards: Architecture + D~gq Sheet Number A3.1 and dated April 20, 2007, are sup~rted by Staff as they generally comply with amst of the Design Review standards outlined in UDC 11-3A 19 listed above (see roof lime section). Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (GZC) 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 conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building construction, and all i~rovements must be installed prior to occu~ncy. b. Staff Recommendation: Staff reeummends approval of the sab~eet application AZ-07-4 (a~ad ALT-0'T-0OS & ADR-07-2) with the Development Agreement provisions listed in the In F.ahibit B of the Staff Report for the hearing date of May 3, 2007. The Meridianglanning Rems_on Jnne 5.27. At ~e enbLe heari~ tbev innroved the snbie~-t A7 -~ ~-~ 11. EIi~ITS A. Vicinity /Zoning Map, Site Photos, Concept Plan, Landscape Plan, aad Elevations B. Agency sad Department Comments C. Legal Description D. Required Findings from Unified Development Code Locvn Grove Profn;siaoal Office - AZ-07-4, ALT-07-0OS, & ADR-07-002 p~ 10 CITY OF MERIDIAN PLANNING DE~~MENT STAFF REPORT FOR THE HEAitING ~ OF ]LINE S, 2007 A. Vicinity / Zoning Map, Site Photos, Concept Plan, and Elevations Exhibit A Page t CITY OF MERIDIAN pLANNIIITGI T1~RT~~ STAFF REPpRT FOR THE HEARIN~TE OF TUNE 5, 2007 ~~ ~ ~ ~~ ~~ " ?: ~ ~ ~ . `. ~ ~' +' ,, . ti r . . . ~ ~ :. . . •~ .~` . ~~ r , ' ,,~ ~ ,. ~:J: r? -. F !' t ~ s t:' '? a~, ~.'Y~ ~ ~~Q~i ' - ! ~ ; ~. aa .. _ ~ :yti ~ t ~y,7 • K $:_ ~ +~h ~ . t r~ ~~: fa ~,~ ,~~, ~ ~ Y fit.-, { a ~ fi ~' -. ~•. ~ 4 ~ .a? r T r ~ : ~ : : ; i y~ ~1; ~ ~! t ' ~ cif f'~ ~ ,~~ h't"' 1 ,~~ " y.4 t~ '~~ ' `~ ~ ,. Ili; Exhibit A Page 2 CITY OF MERIDIAN PLANNING D)~TMEN'I' STAFF REPORT FOR TFiE HEARING OF MVE S, 2007 aVERWK. 1~D ? r { c.., vw w esby~s>~s~s .. ~ siriohi$s~eEs~rss ' :.R+4...d.p.ltm. 1 t - --, ~" ~' '' -- ti ~ ~ i - ~ i~ ~ , ~ , i 4~ ~ ~ ~ ~ ~ ~ ilk S, ~ ~ i S 1 S . ~~ ~ r„^~~~ r ...• I .,.~~' ~ a 1 ~ i^ 1 "rte ~Y ~ ~ ~~ ~J 'I ~ iC~. .• ~ ~ ~---- ~ -~ - ~ ~i. -° ~, ` ~~ ; ~. ` - .•` ~"' T ,.. ~ ' E Z ! ~ ~ .~ -~"° - - . _.~ ~ ~ ~.~ ,r 1 '"'`~ i s~ _ ,t 1 ____ 'd" ~~ Exhibit A Page 3 CITY OF MERIDIAN PLANNING D~T STAFF REPORT FOR THE HEARING ~ OF ]UN$ 5, 2007 .~ ~ ' jf i ~i ~~ ~ ~...... ~_ ~J 1 ,~.. ~ ~~~ ~ I ....... N. ~ Y i Exhibit A Page 4 CITY dF MERIDIAN PLANNIIVG D~LTMENT STAFF REPORT FOR THE NEAR,IN OF TUNE S, 21)07 Fxhi'bit A Page S CITY OF MERIDIAN PLANNING DI~TMENT STAFF REPORT FOR TIC HEARTNG~ OF ]UNE S, 20Q7 B. Agency and Department Comments 1. PLANNING DRPARTMEIVT 1.1 The legal description submitted with the application (stamped February 15, 2007, by Jeffi~ey YY. McAllistexr, RLS) shows the property as corrtiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, Property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bili Nary, at 888-4433 within 6 aaonths of the City Council approval to initiate this process. The DA shall, ~ n,;,n"""*-n, incorporate the following. • That development of this property shall c~anform to the concept Plan Prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet Al.l, as determined.by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconshuctions or other enlargements to the existing single- family struchxre will be perxaitted. • That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned, • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or chauxged in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks far this development shall comply with the applicable provisions set forth in the Unified Development Code. • That all future uses shall not im-olve 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 praluction of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed uses on this property: Principally Permitted uses within the L-0 zone. • That the hours of operation shall be limited to ~a~.se-~S-~a~ 6 a.m. to 10 p.m. • That one office-type building may be constructed on this site. • That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 3S feet. • That Staff has reviewed a design review application for the fixture building on this site. That said future office building shall provide: variat~llons 1o roof lines and eider eaves, a sloped roof, parapets, and / or corniea; a form of awning over all building entrances; at least 30% of the street-facing fagades to contain windows; and at least two different types of aiding ark accent materials. The structure shall be generally compatible is appearance and bulk with the Pmvisions listed above and the elevations submitted, prepared by Ruby ~ Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25-foot wide landscape street buffer will be constructed adjacent to t~verland Road, and Locust Grove Road, located entirely outside of the right-of-way. Thai alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. • That a 20-foot wide land use buffer and 6-fcmt tall. vinyl perimeter fencing constructed in acxordarxce with the UDC, will be installed along the south and west property lines; that said land use buffers and- shall be installed prior to receipt of occupancy of the office building. Ex)ubit B p~ y CITY OF MERIDIAN PLANNING DI~TMENT STAFF REPORT FOR THE I~ARIlJ OF ]UNE S, 200'7 • Th,~ ; :.„t 'nctall_ ei her bollards or ~~.+ent ~t ns ' the soL~are~t c.^~e~ of the 1_ot nerallel with the entrance to the site_ • That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACRD; no vehicular access to Overland Road is approved • That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necc~sary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. • That the Applicant provides easements for all required sewer and water mains that are not located within the right-of--way. • That the Applicant files a floodplain development application with the City of Meridian PubGe Works Department prior to commencement of work or improvement within the floodway or floodplain on this property • That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1.3 No signs are approves with the subject aanezation approval. All business signs will require a separate sign permit incompliance with. UDC 11-3D. 1.4 All firture construction /uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. Z. kP[1BLIC WORxs DEPARTMENT 2.1 The Applicant shall comply with all City of Meridian Public Works standards and procalures for development on this property. 3. MERIDIAN FIRE DEPAR'PI4IENT 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 Departmcet. a. Fire Hydrants shall have the 4 h" outlet fcee the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. h. Show all proposal or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 For all Fire Lanes, provide signage "No Parking Fire Lane." 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6". 3.6 Operational fire hydrants, temporary or permanent strcet 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 lnternatia~nal Buildigg Code for one and two story construction. 3.8 Commercial and office occupancies will require a fine-flow consistent with the Liternational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 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 Exhibit R p~ 2 CITY OF MERIDIAN PLANMNG D~TMENT STAFF REPORT FOR THE HEARIN~TE OF JUNE S, 2007 response by fire and emergency medical service vehicles. This cost of tins installation is to be borne by the developer. 3.10 1Vlsintain a separation of 5' from the building to the dumpster enclosure. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The first digit of the Ap~mentJOfflce Suite shall correspond to the floor level. 3.13 The Applicant shall work with Planning Ikpartment staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the requited inzersecxion(s}. 3.14 All aspects of the building systems (including exiting systems), Processes 8c storage practices shall be requred to comply with the rntematiamal Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a Paved stnface as measures around the perimeter of the building. 3.1 G Provide exterior egress lighting as required, by the vrtetnational Building & Fire Coder. 3.17 There shall be a fire hydrant within 100' of all Fire Department connections. 3.18 Buildings over 30' in height are required to have access roads in accordance with Appendix D, Section D105. 3.19 The fire departnne~ i$ opposed to any landscape island in the middle of a col de sac that may prevent a fire truck from tinning around on the end of the court. 4. MERIDIAN POLICE DEPARTMENT 4.1 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. 4.2 The Meridian Police Department has concerns abaat the Waited visWiiihy of the main entrance from a pnbfic street. S. SANITARY SERVICES COMPANY 5.1 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 8. frontal clearance for such containers. 5.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public strut. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees doting Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-38-10) will be followed Exhibit B Page 3 CITY OF MERIDIAN PLANNING D~tTMENT STAFF REPORT FOR THE HEARIN~TE OF JUNE S, 200? C. I.ega1 Description '~)Qrl~llvA]~t-OiimOlU F~t~irG C011~.A1~T~f ~a~aMO :s<iaivi~rnae awa ~it•t~urt~ttv~rtn eo~sE..~o~+o s3~t~raos PROJECT N4' 07027' DATE: Fetitoar3r 1 S, 21107 Pavia: i of 1 lT ~'A~ RE7ANE DF.SCii'11s'1'>'ON ~l: potion of the Nattit~st Qnarta of the ~Tartb~st Qtaut~r of Svc'tioa ~ 19. Tawnsbip 3 Npttb, 1 East, Bois Meridian,; City of Meridian, Ada.Cotmty;111aho, das~ii6ed as follovvg: BBC attl~a cornet eomman•to $ix~s'.i 7, i S, l9 sal Z4, Tawnphip'9 Norte, 1 Feat, BOist Mtxi~iaq, S+on+ whiab the Qaerter ea~gar e~enttrort ~ snid 8eciic~ris i s and 19': bars 5.99°43'43"W., 21,E 17 faet~. tlasutx., +tlot~ tik msRerlx line of~li~d Sadson 19, 1. 5:00°34'25"~f., 488.00 theme, ydoag:tbe r lice of l~ S6.and.~7; Block 2~ of Spottsittan Pore Subdivision No. •S and tl~e w6aip prolott~tion thCreoir 2. N,89°23'3S'"W , i#8:85 feet; thono~e, along .tde e~twly line.of said •S,pan Painue 5ubidivision No. S acid tlse Pt'ot~tiuteaf; 3. N.16°I9''3~"W., 505,46 feet t0 !1~ na~tlta~ly iiee of sold' Slxai~ i9; t:t~cd, .a1on$ gaud noi~cl'y'lipe, . 4: N.S9°43-'43"E., 295.81 feet to tho pO11VT OF BEC,~DYNING, COI~fTAilXI1•(G:-2:48 mare or Isas. R~maoo ib made to •EXI~IIBIT' `~" - ltetioase Slcstcb Plea, which is made a:paat~ of, this docamem. 'tx~ ~r wets t~tEPARFt) ~ROM.iteFOwYuTltx~r (~G1I+ITAtNBD IN u~sr~iiM~-ate' tvc~:s Io~ossut Sri to~~. ~Y ~g ~ ~ ~? ~,F ~ ~ I;o ~ COFd1R•d~A1.EtVE • CA~iDWPa.E.• Exhibit C p~ I CITY OF MERIDIAN PLANNING DI~TMENT STAFF REPORT FOR THE HEARIIV~ OF JUNE 5, 2007 Yg s NOf~: Tl6S SitfTEM YWIS PREPARED F'({OY ~OR11AtI0N t'~NTAlNED !N Il+iS'TiiiNY~ NOS 1fl'~D69123 AND tle8. . 1aCi~~~ PROPERTY LIE - ECTIRN L{NE O ~Cl~~ PpN1'. ~r~ FEB ~ 6 Z~7 ~~.w~rG 8~4~3'~3'W 26;17' I~OIItI' ~P Ns~aa.4~ :s ~~ 19 ~ $0 v~ A 1 _~ ~ . ~~ Y y; RE20NE AR€~ ~ ' 4; ~~ - ~i 2.46. ACRES ~ ~: ~ '~3 N • ~~ b~*s.. ~ i ~ ~. r o ~ ~ g: ~~~ 4 ,o ~o so +zo tea ~ I suy.E: T'om' I E~CHiBIT '~B" REZONE SKETEN Pi~W A ~Pt~ioN o~ TyiE NE 1 /4, NE 1 /~ SECTION 19: TOWNSHIP 3 NORTH, RANGE 1 EAST. B.M.. CITY ~{~F MEkI01AN. ADA COUNTY, IDAHO 7'OO~YAi~i-lDA7'!OrN ENGDG• CO. ~ac~~aes su~rans• • . yes, 9TJri CI#NOEt~ 60u1i:10Ab - eat gANO'~~ .'~ft4-'19b8 PF1dNE; :EOi9-~Z3-22~ ~ ~'IIX:.~::323r2~39A ire ~ ~ doF;'o~A!N~ ~ ~ Z~S.81' ADA COC1Nir' H+GRWAY O15.TRtCj INSTRI~/EN? NO. 702093398 ~~~3~ '~ ~o ~ ' ~' ?~ F Ex}u'bit C Page 2 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIIV~TE OF MAY 3, 2007 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon reeommendadon from the Commission, the Council shall make a lbll imeetigatton and shall, at the public hearing, review the application. In order to great an annexation and/or rezone, the Council shall make the following findings: a. The map amendme~ complies with the appUcable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to L-0. The Council finds that the PrOPo~ zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The Wrap amendment complies with the regulations outlined for the proposed district, specifically the Purpose statement; The Council finds that professional offices, laboratories, libraries, and :aaedical clinics would be permitted uses within the requested L-0 zone. There are also several uses in the requested L-0 2aone that can occur with conditional use permit approval. The Council is concerned that this area may turn into a commercial retail site, and >$ recommtending that the City limit the uses that can operate on the site through a development agreement. The Council Ends that future development of this property should comply with the established regulations and purpose statement of the ]:-O zone. c. The map amendment shaD not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend City 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 adverm impact aeon the delivery of services by any polidcal subdivision providing public services within the City including, bat not limited to, school districts; sad, The Council finds that the proposed zoning ammidment 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 (UDC iI-SB-3.1~. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed, above, the Coaneil Twos that Annexation and Zoning of this property to I,-O would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) wkh the City, as mentioned im Section 10 of the Staff Report. 2. Alternative Compliance Findings (UDC 11-SB-SE): a. Strict adherence or applicadoa of the requirements is not feasible; OR The Council Ends that the subject property has topographical /shape restraints. This does, in fact, Preclude full compliance with the City's landscaping standards. b. The alternative compliance provides an equal or superior means for meetin= the requirements; and 8ahitrit n Page 1 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARII~T~TE OF MAY 3, 2007 The Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The Council finds the conceptual landscape plan incorporates innovative design such as a water feature and will provide visual interest for the traveling public. Additionally, the Council believes the playa will be an appealing gathering area for future employees on site. Therefore, the Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not bra materWly detrimental to the pablic welfare or impair the intended Haas and character of the surrounding properties. The Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use / character of the surrounding properties. Exhibit D Page 2 • • August 10, 2007 AZ 06-043 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Spurwing Limited Partnership ITEM NO. 5-0 REQUEST Development Agreement -- Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Sputwing Patio Homes Sub - NE comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way 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 Development Agreement 1"' ~ Contacted: ~ ~ Date: ~ / 3 0 ~ Phone: ~ - (~ Emailed: - ~r St ff Initials: Materials presented at pu Itc meet~ gs shall become property of the Ctiy of Merldlan. `esJ~e~~ ~ ~c~~T . ~~ r~ LJ ENGINEERING SOLUTIONS 1029 N. Rosario Street, Suite 100 Meridian, Idaho 83642 E-Mail: es-beckym@gwest.net Phone: (208) 938-0980 Fax: (208) 938-0941 To: City of Meridian (Planning) Attn: Sonya 660 E. Water[tower Lane, Ste. 200 Meridian, Idaho We are sending you: /~ Date: 6/25/07 Project Name: Spurwing Patio Homes Project Number: 51129 Copies Dated Description ~ 1 ~ ~ Original Signed Development Agreement ~ These are transmitted as indicated below: For A royal A roved as Submitted Submit for Distribution For Your Information A roved as Noted Return Corrected Prints For Si nature Returned for Corrections Return Corrected Prints For Review and Comment Price X As Re nested For Bids Due: Resubmit for A royal to: File ~~~~~~ JuL ~ ~ Zoo? • LETTER OF TRANSMITTAL Signed: Becky McKay City ®f IVlepidian. City Clerk Office • ~ ADA COUNTY.RECORDER J. DAVID N~10 AMOUNT .00 68 801SE IDAHO 081107 04:94 PM DEPUTY Qail Qarrett ill Itil.il.tlllilllll~llf Illlllllli III RECORDED-REQUEST OF 1971 19572 Meridian C(ty DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Pacific Links Ltd. Partnership, Owner 3. Spurwing Limited Partnership, Developer/Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this (l~"` day of _c~llnC• , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Spurwing Limited Partnership whose. address is 200 N. Fourth Street, Suite 203Boise, ID 83702, hereinafter called DEVELOPER/OWNER, and Pacific Links Ltd. Partnership, whose address is 6800 N. Spurwing, Meridian, Idaho 83642, hereinafter called OWNERS. r 1. RECITALS: 1.1 WHEREAS, Developer/Owner and Owners 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, herein after 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 Developer/Owner and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer/Owner has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested adesignation of R-4 (Medium-Low Density Residential District) and R-8 (Medium Density Residential District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer/Ownerand/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 1 OF 10 • 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 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 20~' day of February, 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 Developer/Owner and/or Owners to enter into a development agreement with relation to the R- 4 (Medium-Low Density Residential District) and R-8 (Medium Density Residential Density) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER/OWNER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was enteral into voluntarily and at their urging and requests; and I.10 WHEREAS, City requires the Developer/Owner and/or Owners 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. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMEN'T' (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 2 OF 10 • 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in furl. 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 cleaz 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 $3642. 3.2 DEVELOPER/OWNER: means and refers to Spurwing Limited Partnership, whose address is 200 N. Fourth, Suite 203, Boise, Idaho 83702, the party developing and owning a portion of said Property and shall include any subsequent developer(s) and/or owner(s) of the Property. 3.3 OWNERS: means and refers to Pacific Links Ltd. Partnership, whose address is 6800 N. Spurwing Way, Meridian, Idaho 83642the parties that own a portion of said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain pazcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned R-4 (Medium-Low Density Residential District) and R-8 (Medium 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 aze only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which aze herein specified as follows: Construction of 65 single family residential building lots consisting of 30 attached units and 35 detached units and S common lots in the proposed R-4 and R-8 zones on 20.65 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 0(x043 application. DEVELOPMENT AGREEMENT (AZ 06-043) SPURWIIVG PATIO HOMES SUBDMSION PAGE 3 OF 10 • 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. ~• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: 1.. Prior to annexation ordinance approval by the City Council, the applicant shall complete a Record of Survey for a Property Boundary Adjustment in Ada County for the portion of hots 2 & 4, Block 1, Spurwing Subdivision, that are currently within the boundaries of the subject annexation request. Submit a copy of the recorded Record of Survey to Planning Staff. 2. Prior to annexation ordinance approval by the City Council, the applicant shall submit recorded warranty deeds to the Planning Department that reflect the current boundary of the proposed annexation and plat. 3. Secondary access to the subdivision as provided on the preliminaryplat at the southwest corner of the property from Chinden Blvd. shall be gated both at the Chinden access atad the internal subdivision access in accordance with Police and Fire Department requirements. d. 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 Developer/Ownerand/or Owners or Developers/Owners and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Deueloprnent 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: Developer/Owner and/flr Owners 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 Developer/Owner and/or Owners and if the Developer/Owner and/or Owners fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SIIBDMSION • PAGE 4 OF 10 • $. INSPECTION: Developer/Owner and/or Owners 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 Developer/Ownerand/or Owners, or Developer/Owner's and/or Owners' 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 byDeveloper/Ownerand/or Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10• REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer/Owner's and/or Owners' cost, and submit proof of such recording to Developer/Owner and/or Owners, 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 the City or Developer/Owner and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12. I In the event of a material breach of this Agreement, the pasties agree that City and Developer/Owner and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 5 OF 10 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 Developer/Owner and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the tune for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer/Owner and/or Owners agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer/Ownerand/or Owners agree that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and i~n any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPERIOWNER: c% City Engineer Sputwing Limited Partnership City of Meridian 200 N. Fourth Street, Suite 203 DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 6 OF 10 • 33 E. Idaho Ave. Boise, ID 83702 Meridian, ID 83642 OWNERS: Pacific Links Ltd. Partnership 6800 N. Spurwing Way Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 Developer/Owner andlor Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer/Owner and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSiON PAGE 7 OF 10 reasonable discretion, had determined that Developer/Owner and/or Owners have 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 Developer/Owner and/or Owners 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 Developer/Owner and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER /OWNER: SPURWING LIMITED PARTNERSHIP By: ~- owNERS: PACIFIC LINKS LTD. PARTNERSHIP DEVELOPMENT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 8 OF 10 • • Attest: CLERK STATE ~OF IDAHO, ) ss County of Ada, } On this By: CITY OF MERIDIAN B Y• MAYOR T de WEERD ``t`~~~1111111111/// ~+ /~ ' D /j ```\\~~,.~~A~r ~ ' 4,~,e'City Council AF '' o 1 ~p ~~~ e. / V -~ ~~~ ~. ~~~~~~Ifurri 1111N~~``'\ day of undersigned, a Notary Public in and executed the same on behalf of said / , 2007, before me, the said State, personally appeared or identified to me to be the Partnership, acknowledged to me that they IN WITNESS REOF, I ~ hereunto set my hand and affixed my official seal the day and year ' this a first above written. (SEAL) ~r Notary Public for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMEN`T' (AZ 06-043) SPURWING PATIO HOMES SUBDIVISION - PAGE 9 OF 10 STATE OF IDAHO ) ss. County of Ada ) • On this ~ day of , _ ~U~_Q,,,, in the year 2007, before me, w.~ ~~ ~x•V ~ Y~„g ~ , a Notary Public in and for said State, personally appeared JOHN W. HEWITT, known or identified to me to be the President of SPURWING CORPORATION, an Idaho corporation, the general partner of SPURWING LIMITED PARTNERSHIP, an Idaho limited partnership, the partnership that executed the within instrument or the person who executed the instrument on behalf of said partnership, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year first above written. Q ~~.e....~~ ~i~~ . ~ ~~ t1oTARY ~ ~. s NOTARY PUBLI FOR AHO Residing at Idaho PIJBLIGo ~ ~ My commission expires: ~~e~~~~®~ ~~p,~ ~• ~,~ ;~ Noveanber 1S, 2dlx '~•eeeeeeee w _ STd7z~K~4~ii~~` pP1DEDTHBUNOTARYPUBLICUNDERWRfI'~ItS • STATE OF IDAHO, ) . ss County of Ada, ) On this -(~~ day of ,I~hd.. , 2007, before me, the and igned, Not Public in and for said State, personally appeared G~ • ~~t~ known or identified to me to be the of Pacific Links Ltd. Partnership, acknowledged to me that they execut the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~~. .• ~yOTARY i. PUBLIC ;' STATE OF IDAHO ) ss County of Ada ) Notary Pub is for aho Residing at: its My Commission Expires: ~~~®i6iv ~~~ Nov~aber ls, 201Z BONDED THRU NOTARY PUBLIC UNDERWRFPERg on this ~ day of~QUgt, , 2007, before me, a Notary Public, personally appeared Tammy de Weerd.~nd William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~' ~ :-'aA "~='~ • . ~.~,~' pIJBL_ •o :E OF, otary Public for Idaho Residing at: ~'(~,~dt~ ~ l ~~n Commission expires: -~-('-~1 DEVELOPMY;NNT AGREEMENT (AZ 06-043) SPURWING PATIO HOMES SUBDMSION PAGE 10 OF 10 u Annexation Legal Description & Exhibit Map l . Ovtrall Annexation Boundary Legal Description & Exhibit Map T~AL.EY'S hr4ND 2501 t3oQus 8asln Rd. • Imo, ltlaho t137o2 _ SURVEYING txae3 3es-aaas Rex laae3 3sa.oase Project, No;: 2881 Date: June 2.2008 Revised: August 16, 2008 ANNEXATION DESCRIPTION FOR SPURYYtNO PATIO IiOMEB SUBDIVISION A parcel of land lsebtg a port~t of Lots 2 and 4 acrd all of Lot 3 of Bloric 1 of Spurwing Subdn-7r:lon, es flied for record to the oflius of the Ada Courty Recorder, Boise, Idaho in Book 89 of Plate at pages 7104 t1w 7108, and a portion of the SW 1J4 of Section 23, T.4N., R.1W., B.M., Ada County, Idaho and mare particularly described as foitows: 8ECi1NNINt3 at a prase cap marking the Southwest comer of f3ra eatd Section 23: thence along the Westery boundary of the Bald SW 1!4 of Se~icn 23; thert~ North OD°x0'40° East 324.83 teat to alt Von pin; thence Bald Wastarty boundary South 88°3820° East 30.00 feat to an Von pin marking a point of anus: ttrenee contnuing elonp an arc of a verve to the left, said arrve having a radius of 20,00 tact, e central angle at 104°21'18", a length of 38.43 feat and a tong choM hearing South 51°4838° East 31.80 feat to en Iron pin marking a point of tangarrt~ Mence continuVg North 75°5824" East 155.18 feet to an iron pin; thenrs cantlnrdng Nortl+ 00°48"28" East 184 80 feat to an Iron pin; thence leaving said Westefl~+ boundary North 10°58'41" East 873.13 teat t0 en iron pM marking the Northwest corner of said Lot 3; Htenoe along the Nottfierty fiow+dary of saki Lot 3 South 78'38 ~" FAet 108.87 feet to an Vou+ pim, !fiance continuing. South 82°24!S~° East 127.74 teat to an Von pin; thanoa carfiirpdrtg South 90°13'b8` East 128.87 feet to an iron pin; Iisdtee tontlnuing South 43°02"58` East 180.00 feet t0 en Von pin; thence eontlnuing South 43'00'12" East 1.00 feat to an Von pin; thence eArNtrarlttg South b2'28'14" East 22'1.39 feet to an Iron pln•, thence carrttrruing South 87°44'25' Est 2~.B1 teat to an iron pin; thence contVruhrg North 84'4877° East 242.01 feet to an iron pin: tltence asntinuing NoM 28.48'22° EasE 188.21 feet to an Iron pin; thence aontlnuing North 18'22'3b" Est 116.68 /net to an Iron pin; thence e;onttrtuing Norttl- 43°12'34° West 288.25 feet to an Van pin maAcireg a p~rrt of curve; thence continuing clang an arc of a wive to the ~. said arrve havbq a radius of 20.00 feet, a oantral arrgla of 102.27'35", a length of 35,77 feet artd a tong chard beerMg Souk 85°33'38 Went 31.1!3 to an trop p1n marking a point of ending of pave on the South rtgM-of-~nray lima of Wit 9atate t;,ocat; thern:e laevirtg said South rlgM~of~nray 9rre North SS°40'10° Weal 25.00 feet to a paint on the oernarona at said WeM 13alata Court nrerldng a potrrt of curve; thence along Bald rasruertine atom the arc o! a pave to the right, sold curve having a radius of 350.00 feet. a cerrirat angle of 20.47'28°, a length of 127.01 feet and a lo-rg chard bearing u camease w~aot~+e+~anaan tee - rfo TEAL~Y'S LAND SURVEYING zto~ea+use+~.vaoac,ea~,ro~o~asee~ Project No.: 2981 Page 2 Date: June 2, 2006 Ravtsed: August 16.2006 North 44°43'35" East 128.31 feet to a point maw a point of endbfg of as~e: thence lesvhrg said carderMa South 34°62"40" East 28.Ofl test to an Uon pih on said 5outl~ rigfdwf~r Ma of Wes! l9aleta Court; tharroe leaving said South right-obwey 1[na South 05°57'22" West 30.28 fit to an irat pin; thence South 43't2'34° East 288.18 feet to en kort pin martdng a point of curve; thence along ate aro of a anus ro tkre right, saki curve t~vtng a radius of 75.00 feat, a oenbal ate of 2a°2a~, a ~ih of 31.88 faro and a long dsord t>earin9 South 31°02'18° Fiat 31.83 fee! to sn iron pin marlir~ a poim of tartgent; thence South 98°52'01• F.sst 77.34 feet to en irat pin on the East boundary of said Lot 3; thence along seta East boundary South 00°48'28' West 789.24 feat ro en iron pU marking the Southeast corrrer of seta Lot 3; ttrenoa aiortg the Southerly boundary of saki kot 3 North 78°39'48" West 891.47 feel to an traf pin; thence continuing South B2°t8`3T Wet 505.59 feat ro an iron pin; thence oondrndrrg North 85°06'24" Wast 300.82 feat to an Iron pin: th~ce contbruirig South 75°69'24° West 194:A4 feat to an Iran pin marring a poUtt of anus; fhenca oontirwirtg along the arc nt a crave to the left, said anus hevtng a radius ~ 24 OD feet, a .central angle Of 75°38'44", a of 28.41 feat and a tong chord besrh+g t5aith 38'10'02" West 24.531eai to sn tr'at pin marking a pohrt of tangent; thence c~r-tinutng South 00°2G'40° West 177.81 fast to an iron pIn marking a point of cunre; thence crmOnutng along the arc of a curve to the INt, said amre having a radius of 20.00 feet, a c~nhel angle of 89'32'12", a length of 31.25 fleet and s tang chard baerklg • Sotto 44°25'28" Fast 28.17 feat to en kon pin trrartdng a poim of ending of anus on said Nor6+ right~ot~ray nne of state k~igharay 20: thence tesving said North rtgta~oa way Nne South 00'48'28° West 40.00 feet ro a paint on 1ha t3oulh trcra-dary ~ sekt section 23; thetrae eteng said souUr boturdary North 89°11'32° West 89.52 teat ro the POIDiT OF HEtBtNNitrl~i. Bak! parcel of land ooMalns 20.85 saes, more or Fese. ~t~~ Illy e rA~~ o~ ~~ ~ a ~a Iv ~-~ AW ; t ?~ C~ TEALEY°S LAND SURVEYING raresa*aaaecetumntar.rae+o.eorr~~sas~ae~te t~ect No.: Zest Page 2 erf 2 o~me: oee~errber ~e, 21106 South 18°S2'Ol" Ea4t ?7.34 feet to en icon piaoa the East bonndary of said Lot 3; thetrce dostg said ~ bottadary South 00°48'2$" Wpt 789.24 feet to ao Iron pia tataidrtg thesSouthe~ast comer of said Lot 3; theatae along tha Southerly boundary of said Lot 3 North 76°39.48" West 693.47 feau to as iron pia; thence watinuittg South 62°1637" Weal 505.59 feel to tm iron pia: thence oeut6aatiag . Nottlt 85°Ob'24" West 92.4! heat to a pout; thatxx teavMg said Southerly boundary of Lot 3 North 0S°43'23" Wept 121.84 fv~ to a poio0 titeaoe North 7S°32`39" Fast 7S5 feet to a point erEverve; thearoe along ea are of a curve to the ~ and a tong ~ i us of SSO O0 feet, a oeayul enegle of 06°43'S8". a ka8tb of 83.83 North 79°S4'38"East 83.75 feet to a point of tangent; thence North 84°16'3?" Eat 292.66 feet to a point; thence at right eagles Notch OS°43'23" Weer 50.34 feet to a point of esw~ theYeoe along as cue of s awe to the leR, said nerve having a idles of 200.E ~ a eeatrat angle of 34°19'35", a l~gth of 119.82 fact, ed a tong chord bearing Noah 2Z°S3'! !" We~at 116.04 fen to a poim of aagaat; thence North 40°Q2'SS" West 396.67 feet to a point ofcmver; thence etoagen arc of a wtva to the kR, said curve having a eaditss of !00.00 feet. a ceatinai eutgte of 22°I 1'42". a !~ of 38.74 tioet and a long e~Otd bearlag North Sl°OS'49" West 38.50 that to a poira; elantce North 79°Ol'!9" Weer 198.05 feet to the ~O~ B~(:1NNING. Said !'steel Contains 13.80 acres, move or less. VAL B~ }~$~ 0 ~' 7 aaa~~,~st asar~t~ae~eoe TEALEY'S LAND tai E sotn street • tlardet- taty, tdsrw ss~ ~ a SURVEYING CSI astt~owc Fez Most Project No. 2981 tlaoetnber !9.2006 D&~+CRiPY7QN FOtt R•8 ZONL 5PUR9YINC gA770 8~ME3 SaBDIVLSt019 A pared of land being a ~poreion of Lots 2 and 3 Btock i of Sptuwing Subdivision as fihd for record 6t the otlia of ibe Ada County Reeotder Boise, Idaho in Book 69 of Pits sl t'ages 7104 thin 710$ located io the SW 1/4 oPSectioa 23. T.4N. R I W, B.M.. Ada Cowrty, Idaho, more pattiatlarty described a folbt+vs: at ao akuaimtm cep tmarhing the Sonihaest comer of said Sectiaa 23: lbanoe atoag flea Westerly boundary otssid SW 1/4 of Section 23 North 00°20'40" Estt 324.83 kd to ~ itos- Pitt on the Wataeriy botatdars- olsaid Ltx 3; thence teaviag said Westerly boundaq- of the SW l/4 at right angtes slang said Westay boundary of Let 3 Sontb 89°39'20" bast 30.00 feet to an bat pin otadcing a point on a cove; thence ooh along an ale ofa carve to the leR. said et>:va havbtg a tedia of2000 feet. a antral shale of 104°21' 16". a hatgtb of 36.43 fat amt s long abord beating Somlt S f°49'58" Fast 31.60 feet to an iron pin rnmltirtg a poim ottaegettt; t6anae oaudn>ting Nordt ?S°59'24" East 136.18 feet to an Iran pin: thettca cantinning Ffartb 00°48`28" Ea.~t 164.90 feet to sa itgn pin: thence leaving said WeBtaiy ~mY of Lot 3 Nordt 108'41" End 477.y0 bed to a point; theaos South T9°Ol't9" F.mt 198 O$ feet to s point on a oarva: thence abng tut era of a nan- taet~t awc to tho tight; said areva having a wdius of 100.00 fact, a oentraf angle of 22°11'42". a length of 38.74 feet and a long ehotd bearing South SI°08'49"East 38.50 facet to a pond of tattgatt; tixnts Sotedt 40°02'58" East 396.67 fcet to a point of curve; thence along an are of a anrve ~ the daht, said aarva having a rer~ao ot200.00 fen, a otta4al angle of 14°!9'33". a length of 11982 feet, and a bu-g aleord bearing Scasth 22°S3'I I"feint 118.04 feet to apobd of tarlgetq; dteaca South OS°43'23"East 3034 fat to a poird; theetoe at right angles Soul 84°16.3T West 292.66 feat to a poial of emvr thence along cep aac of a curvy to the left. said atrve having a radices of SS0.00 tea. a oeMral aagts of OS°43'S8". a lcggtlt ot83.83 fact and a tang choad hearing South 79°S4'38" Wet $3.73 fat W a point of tsrt8ent; tha-ca 8wub y5°32'39" Wes! 7.SS Peet to a poia0 tQtertoe Soatb 0S°43'21" East 121.84 fen to a pobd an the Southnly botodatry- of said Lae 3; ~~9 IVotth 8S°06'24" West 208.41 fat to an iron pin; theme condnuing 29at u TEALEY'8 LAND SURVEYINC3 ,ere.,tar~w~c,~.i~t~arl~a Nrojed Mo :2581 t~d8: December 45.2006 Page 2 of 2 South 75°5974" Weal 19494 feet to an iron pia taarldng a point of cta~ve; thettca continuing along the arc o[a stave to Iha leltir said curve having a radius of 20.00 feet. a centntJ angle of73°38'44". a length of 26.41 feet and a long chard bea:ittg Sowh 38°t0'02" West 24.33 fact to sa iroa pin a posit of tangent; thence South 00°?A'40" West 177.61 feet to an iron pin ttterkiag a point of curve; thence oeadum3ag along the arc of a C1mre to the latL said curve having a radius ot2Qt10 feat. a aatlral angle of 89°32' 12", a teaglb of 31.23 fuel artd a long chord bearing South 44°ZS`26" F,ttst 26..17 feet fA an tcan gilt marking a polar of ending of curve on void Notch tight~ol=way Wx of 81ate Highway 20; tlraice !caving sa0id North right-of-way 16>Q ate said lSonmarly bowrdary otlot 3 South 00°46'28" W+pt 40.00 feet to a poLtt on ilu South batmdari- of said Section 23; tbsaoa slang eetEd Smtth bouarttuy North $9°l 1'32" West 64.52 fact to the iLaln~rr OF BEOWiViN . Said Pwoel Caataiffi 6.7T saes, cum or less. er 1~~ ~ 2~7 et~N wogs ~at~ao~a~ n CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER i C.I7Y OF erz~i~ IDAHO ,~ A ji In the Matter of Annexation and Zoning (AZ) of 20.65 acres from RR (Ada County) to R-4 (Medium Low-Density Residential) and R 8 (Medium Denslty Residential) zone; Preliminary Plat (PP) approval for 65 single family residential lots and 5 common lots on 20.51 acres; and Variance (VAR) approval to exceed the maximum block face length allowed in a residential district, by Spurwing Limited Partnership. Case No(s). AZ-06-043, PP 06-045, & VAR 06-020 For the City Council Hearing Dates of: December 12, 2006, January 9, 2007, and February 6, 2007 (Flndings approved on February 20, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 6, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 6, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 6, 200?, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 6, 200?, incorporated by reference) B. Conclusions of lLaw 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 (LC. §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. OZ-382 aad Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, & VAR-01r020 i 3. The conditions shall be reviewable by the City Council pursuaat to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmentai subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 6, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Council approved the annexation request with a split zoning of R-4 for the lots with detached units and R-8 for the lots with attached units, per the Legal Description in Exhibit C and as shown on the Preliminary Plat in Exhibit A of the attached Staff Report, for the hearing date February 6, 2007, incorporated by reference; and 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated January 9, 2007, is hereby conditionally approved; 3. The Council approved the applicant's request for a Variance to exceed the maximum block face length allowed in a residential district; and 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 6, 2007, 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 CITY OF MERIDIAN FINDMGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ob-043, PP-06-045, &VAR-05-020 • 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 confornls 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 terazination 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 (I8) months as determined and approved by the City Council may be 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 procaiure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory takuag 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 February 6, 2007. CITY OF MERIDIAN FIIVDMGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-Ob-045, & VAR-0020 i ~ By action of the City Council at its regular meeting held on the ~~~ day of ~~~~~~'' _ .A , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED-~~~~'" COUNCIL MEMBER JOE BORTON VOTED-~~/'~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~!~'c1. COUNCIL MEMBER KEITH BIRD VOTED__~~~ l~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ,~;~~/ May~c~~ • • ~ W,~rd ~ , ~~ Attest: ~`~~ .~~°~'~ ~~' ~~"., v S3$iai.~J .. William G. Berg, Jr., City erk =, ~ '~`~ ~~ '~, ..;:. Capy served upon Applicant, The Planning Depi~i~nt, Public Works Department and City Attorney. By: UVI.(;~•nayt~~U~-~`11n~ Dated• D'L~2?~'~~'1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-043, PP-06-045, &VAR-06-020 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 20b7 STAFF REPORT Hearing Date: February 6, 2007 (Continual from December 12, 2006 and ~•,~,~ ""' °° January 9, 2007) ~, / Y LG'~GXl~n `~'`M ~onHO ' TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner ~ Mike Cole, Development Services Coordinator 208-884-5533 SUBJECT: Spurvt-ing Patio Homes Subdivision AZ-06-043 Annexation and Zoning of 20.65 acres from RR (Ada County) to R-4 (Medi_ ~m Law=D_e~sity Residentaa11_ and R-8 (Medium Density Residential). PP-06-045 Preliminary Plat of ~3 ~ single-family residential building lots r.oiusis>,in>`of _ 0 attached ~n_it~e and ~5 detached nni_±~s and 6 ~ common lots on 20.51 acres in a proposed R-8 zone. VAR-06-020 Variance from UDC 11-6C-3F to exceed the maximum block face length allowed in a residential district. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Spurwing Limited Partnership, is requesting concurrent approval for Annexation and Zoning (AZ) of 20.65 acres of land to R-8 (Medium Density Residential), currently zoned RR in Ada County; Preliminary Plat (PP) approval of 73 single-family residential building lots consisting of 46 attached patio homes and 27 detached homes, and 6 common lots; and a Variance (VAR) from UDC 11-6C-3F to exceed the maximum block face length allowed in a residential district. The site is located just north of Chinden Boulevard and northeast of the Ten Mile Road/Chinden Boulevard interscetion. Currently, the site consists of vacant land some of which is improves for the golf course. The site is composed of one tax parcel and is currently platted as Lot 3, Block 1, of Spurwing Subdivision. This site also includes a portion of Lots 2 & 4, Block 1, of S.purwing Subdivision. A Property Boundary Adjustment application that matches the configuration of the property as shown on the proposed plat is currently in process at Ada County and will be required to be completed prior to annexation ordinance approval by City Council. The subject property is within the Urban Service Planning Area, but is outside of the City's current Area of Impact. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, VAR) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Variance applications. Due to the annexation path of this property, the proposed plat layout, and zoning requested, Staff is recommending denial of the proposed Spurwing Patio Homes Subdivision (AZ-06-043, PP-06-045, VAR-06-020) for the reasons listed in the Analysis of the StaffReport. Note: The Commission is not required to make a recommendation to City Council on the Variance application. Spurwing Patio Homes Subdivision AZ-06-043/PP-fl6-045NAR-05-020 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 At the Planning & Zoning Commission meeting on October 19, 2006, the Commission recommended that this project be continued until November 2, 2006 in order for Staj to prepare Findings and Conditions of Approval. The original stajf report did not contain Conditions of Approval since Staff was recommending denial of the project Staa'has now included Conditions of approval in Exhibit A and revised Findings in Farhibit C. Prior to the November Z"d meeting, the applicant submitted a revised preliminary plat, dated November 9, 200b, and requested that the hearing be continued until November 16, 2006 The Meridian Planning and Zoning Commission heard these items on October 19.2006. November Z. 2006. and November 16.2006. At the nnblic hearing on November 16.2006 they moved to recommend denial. a. Summary of Commission Public Hearings: i. In favor: Becky McKay. Engineering Solutions (applicant/owner's representative): Jock HewittLSpurwing Limited Partnership (applicant/owner): Tina Rice:. Myron Tacker: and Ed Davfs (read letter written by Donna Larsen. General Manager Spnrwing Country Club. on behalf of Snurwing Couatrv Ctub) ii. In opposition: Ron Ashley.. Ginna Engle (also speaking for other homeowners in Suurwing Subdivision). Byron Brown (also SDeakina for Beverly Brown). Jov Compton Bob Trerise. Grant Peterson. and Andrea Nist. Fiheen other people signed their names on the sign-ln sheet provided at the meedng in opposition to the protect but did not speak during the hearing Lsee sign to sheet from November 16 2006 meeBngl iii. Commenting: None iy. Staff presenting aaplication: Sonya Wafters v. Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. Proposed lot aizesltransition from existing 1-acre lots along the north boundary ii. Proposed density iii. Increased traffic/access onto Chinden Boulevard: iv. Resident opposition to protect c. Kev Commission Changes to. Staff Recommendation: i. Commission voted to recommend denial of the protect. d. Outstanding Issue(s) for City Council: i. The Planning & Zoning Commission is recommending denial of the protect. Because the Commission's recommendation is for denial. no condidons are included in this report. ii. Applicant has sabmftted a revised plat.. dated November 22.2006 (see paragraph below). S ace the Commission meeting on November 6`b the applicant has submlued a revised preliminary plat, dated 1122-06, which addresses some oithe concerns thm the Commission and neighbors had The primary changes to the pion are as ioUows: YI Total lot count has been redaced by 2 building lots to 69 building lots; 2) The building lots along the northern boundary have inweased in size providing more of a transition in lot sizes to the ez~'ng 1-acre lots to the north: Spurwing Pado Homes S~nbdivision AZ-06-043/PP-06-045NAR-06-030 PAGE Z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 building lots was noted as a concern by the Police Department 4) Some of the attached units orlrlnolly shown alonr the north boundary have been relocated to the west bounder Stafi'has reviewed the revised plat and all lots meet flee dimensional standards of the aroposed R-8 wne Aowever Stai>rhas not undated the sta8`'report below to reRect the revised plat as the Commission reviewed and made a decision on the previous version. The Police Department has not commented on the revised plat The Commission also has not reviewed or commented on the revised plat The Meridian City onncil beard these itenns on December 12~ 2006 At the nnblic hearinu ~ nmmarv of itv onnc 1 Poble Aea nom: i. 1{n favor: Becky Mc av_ Enaineerie and Susan Wil dwood [annlie~nt's attornevl ~$, oenosition: Ron Ashley Chnck Comnton_ Ctenha~e Ntenhensen And re a Nist_ Amy .torg _ _ _ _ ensen Alexa illihan Nate iore±nnnsen d Dnl:e (,erald iii. Neutral: e:arv Eoeerv iv. Commendno: B yron Brown_ Frank Barre:a_ and Bernie Fisher v. Written testimo e ~s arol ny: Rick Manrib o _ hnek and v omnton_ Petri k tt Nichol Bla ~''inna n 1 Do na arso ndrea Nict ollv Kotoskit_ Susan Wild ~ hleen Rnd •+ Rob & Clar Tre ~e_ ria Wa n wood (ann is Wt's attornevl vi. tafi nresendn~ ann ication: Anna a Wino vii. Other staff com _.nnnNna on ann ication: ne Trakel_ o -Silva )Z ev ][ssnea of D'ac scio n by o ~nci 1: Spurwing Patio Homes Subdivision A~06-0~3/PP-Ob-045/YAR-06-020 PAQE3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-043, PP-06-045 and VAR-06-020 as presented in the staff report for the hearing date of February 6, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 043, PP-06-045 and VAR-06-020, as presented in the staff report for the hearing date of February 6, 2007, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-043, PP-06-045 and VAR-06-020, 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 Address2ocation: Parcel No.: 88081770030 Generally located northeast of the N. Ten Mile Road/Chinden Boulevard intersection; S.W. I/ of Section 23, T.4N., R 1 W. b. Owner. Spurwing Limited Partnership/Pacific Links Ltd. Partnership 200 N. Fourth Street, Suite 203/6800 N. Spurwing Way Boise, ID 83702/Meridian, ID 83642 c. Applicant: Spurwing Limited Partnership 200 N. Fourth Stmt, Suite 203 Boise, ID 83702 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RR (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.51 acres to R-8, Preliminary Plat approval of 73 single-family residential building lots and 6 common lots, and a Variance from UDC 11-6C- 3F to exceed the maximum block face length allowed in a residential district. Forty-six of the lots are proposed to be for attached patio homes and 27 are proposed to be for detached homes. All of the proposed lots meet the minimum dimensional standards of the R-8 zone. The average lot size in the proposed development is 9,067 square feet. The gross density of the project is 3.56 dwelling units per acre; the net density is 4.45 dwelling units per atxe. Open space consists of 3.69 acres or 18% of the site. 1. Date of preliminary plat (attached in Exhibit A): 6/20/06 2. Date of landscape plan (attached in Exhibit A): 5/28/06 Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-OZO PAGE 4 CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY b, 200? 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. The subject application will in fact constitute a Preliminary Plat as deternned by City Ordinance. Hy 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. c. The subject application will in fact constitute a Variaace as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public herring is required before the City Council on this matter. d. Newspaper notifications published on: October 2nd and 16m, 2006 (Commission); November 20'~ and December 4'; 2006 (Council) e. Radius notices mailed to properties within 300 feet on: September 22nd, 200b {Commission); November 17'". 200.6 (Council) f. Applicant posted notice on site by: October 7d', 2006 (Conunission); December 2~. 2006 Council b. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: This property in bordered on the north by 1- acre lots in Ada County and is surrounded on the south, east, and west by Spurwing Golf Course property. Further to the west, bordering the golf course, are also one-acre lots is Ada County. c. Adjacent Land Use and Zoning: 1. North: Single-family 1-acre lots within Spura+ing Subdivision, zoned RR (Ada County) 2. East: Inwmediately to the east, Spurwing Golf Course, zoned RR (Ada County); further east, the proposed Knight Sky Subdivision, zoned R-4, R-15, and C-C. 3. South: Spurwing Golf Course, zoned RR (Ada County); South of Chinden, the proposed Irvine Subdivision, zoned R 8; rural residential property, zone RUT (Ada County). 4. West: Spurwing Golf Course, zoned RR (Ada County); further west, single-family one-acre lots in Westwing Estates Subdivision and agricultural land, zoned RR d. History of Previous Actions: The subject property is currently platted in Ada County as Lot 3, Block 1, of Spurwing Subdivision and also contains portions of Lots Z and 4 of the same subdivision. NOTE: A Property Boundary Adjustment is currently in process at Ada County that will adjust the boundaries of these lots as shown on the proposed plat and described with the annexation application. e. Existing Constraints and Opportunities: I. Public Works: Spurwing Patio Homes Subdivision AZ-06-443/PP-0b-045/VAR-06-020 PAGES • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY b, 2007 Location of sewer: This property is currently not serviceable. It is Master Planned to flow to the North Black Cat Lift Station, through planned mains in the annexed but undeveloped property to the west. Location of water. In a cooperative agreement with United Water of Idaho, Meridian as agreed to allow United Water to service this property. Issues or concerns: Sewerabi°lity of this property. 2. Canals/Ditches Irrigation: There are no major facilities coursing through this site. The applicant shall be required to file any ditch lying within this site. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 20.65 acres (AZ); 20.51 acres (PP) f. Subdivision Plat Information: 1. Residential Lots: 73 2. Non-residential Lots: 0 3. Total Building Lots: 73 4. Common Lots: 6 5. Other Lots: 0 6. Total Lots: 79 7. Gross Density: 3.56 dwelling units per acre (net density is 4.45 dwelling unitslacre) 8. Minimum House Size: 1,400 square feet (proposed by applicant) g. Landscaping 1. Width of street buffer(s): N/A (A street buffer is not required on any of the internal, local streets.) 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 18% (3.692 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (iIDC 11-3G-3F.2). h. Amenities: Open space and common areas are proposed with ponds and connecting stream channels. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached and single-family attached dwellings with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R 8 Dimensional Standards {in feet) Setbacks Proposed Required Front Living Area (from back of sidewalk) 1 S 1 S Side Accessed Garage (from back of sidewalk) 15 1 S Spurvving Patio Homes Subdivision AL06-043/PP-06-045NAR 06-020 PAGEb • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 Front Accessed Garage (from back of sidewalk) 20 20 Side (5' public utility & draiaage easement is required} 4 4 Rear 12 12 Frontage (detached, with garage facing street) 50 50 Frontage (attached) 40 40 Lot Size (detach, w/garage [sang the front praperry line) 5,000 5,000 Lot Size (attached) 4,000 4,000 Maximum Building Height 35 35 * No changes to the dimensional standards in UDC Table Il -2A-S were requested. k. Proposed and Required Non-Residential: NIA Swnmary of Proposed Streets and/or Access: Access to the proposed subdivision will be provided internally from the existing public street, W. Balata Court, which is accessed via N. Spurwing Way from Chinden Boulevard. Balata Court is currently improved as a 36-foot wide street with curb and gutter. Sidewalk has been constructed on W. Balata Court is front of the residential lots and the clubhouse lots west of the site and on the north side of the street but none exists where the site abuts Balata or east of the proposed connection to Balata on the south side. Aces to the dwellings withia this development will be via internal public streets to be constructed with the subdivision. All of the internal streets will be local streets with 36- foot wide street sections (measured back of curb to back of curb) and contain 5-foot wide attached sidewalks within 50-feet ofright-of--way. The applicant is aot proposing any stub streets since the surrounding property is currently a golf course and there are no existing stubs on the north boundary from Spurwing Subdivision. Staff is generally supportive of the proposed street system. NOTE: To satisfy the Fire Department requirement for secondary access, the applicant is proposing an "emergency access only" road at the southwest corner of the site from Chinden Boulevard directly north of the terminus of N. Ten Mile Road. ACRD has submitted conditions of approval for this development (see Exhibit B). The Idaho Transportation Department (ITD) has submitted a comment that the applicant has not yet applied to ITD for the proposed emergency access from Chinden Boulevard with a note that the main access at Spurwing will not be signalized in the future, so it is prudent to consider how many households would be added to the intersection Supposedly, the predominant movement from the subdivision would be left turns onto the highway. Overtime, congestion on the highway wiA make this a more difficult movement (please see Exhibit B for all of ITD's comments). 7. CONIIVIENTS MEETIIVG On September 29, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Meridian Police Department. Staff has included comments, conditions sad recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 This .property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 73 single-family lots on 20.Slacrea for a gross density of 3.56 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff f nds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide mundcipal services to the lands proposed to be annexed in the following manner. • Sanitary sewer service will be extended to the project at the developer's expense, although it is currently not available (water service will be provided by United Water). • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheri,~j"s Ojfice. 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 (ACRD). 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 wilt not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. 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 a solid manufactured stone wall fence along the northern perimeter boundary and a 4 foot tall wrought iron fence along the west, south, and east perimeter boundaries of this development. Prior to house construction, fencing should be constructed around the perimeter ojthis site. See Analysis below and Exhibit B for more d»formation. Chapter VII, Goal N, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. This parcel has limited frontage on Chinden Boulevard, an arterial street. The applicant is proposing an emergency access only connection to Chinden Boulevard The new public street Spurwing Patio Homes Subdivision AZ-06-043/PP-06-045NAR-06-020 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 connection to W. Balata Court has been reviewed and approved by ACRD. City Staff is also supportive of the connection to W. Balata Court; no additianal access points to Chinden Boulevard, except for the emergency access, shall be allowed. The Idaho Transportation Department has yet to approve the proposed emergency access from Chinden. The Meridian Police Department is requiring that the plat be revised to include an additional stub street for increased emergency access to this site. Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff ,finds that the proposed development is generally compatible with the existmg single family residential properties to the north in that they are both residential uses; however, Staff does believe that these should be more of a transition in density and lot sizes between the existing 1-acre lots to the north and the proposed attached units proposed on 4,595-tS, 042 square foot lots. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing 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. There are some existing !ow density residential land uses to the north. The applicant is proposing to construct solid manufactured stone wall fence along the northern perimeter boundary of this development to provide a buffer to the existing residences. Further, a landscaped common area with a meandering creek and ponds are also proposed along this boundary between the existing homes and the proposed attached homes. Sta„8'finds that the proposed fencing and common area would assist in providing screening between the proposed urban development and the existing surrounding rural residences.; However, Stn, fj''believes that the applicant should provide a better transition in density and plat larger more comparable lot sizes adjacent to the existing 1-acre lots to the north, instead of the proposed landscape buffer and attached lots. Staff recommends that a minimum 10, 000 square foot lot be provided along the north side ojthis property, to effectively transition to the urban densities proposed. Further, although the applicant has provided a buffer in the form of landscaped common area along this boundary, it is virtually inaccessible and unusable to the residents of the subdivision because of the proposed ponds and meandering creeks and does not meet the requirements of UDC I1-3G-3. Also, the Police Department is not supportive of the design of the open space area on the north boundary as it does not offer natural surveillance opportunities for the public areas and creates a potential safety hazard Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or if a different transition in density is more appropriate. Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Spurwing Subdivision to the north obtained an RR zone (1-acre Tats) in Ada County. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is Spurwing Patio Homes Subdivision AZ-t16-043/PP-06-045NAR-06-020 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 generally consistent with the Comprehensive Plan designation for this site; however, Sta,,J'' believes that more of a transition should be provided between the existing rural lots and the proposed urban lots in the form of larger, more comparable lot sizes, and lower densities an the north boundary of the subdivision. To provide an even better variety of residential zoning; and to better transition between the one acre lots to the north, some R-4 zoning should be approved on the northern portion of this property. Sta,,~''generally believes that the density proposed with this project is appropriate. However, the design of the development does not fit well into this established area. Sta,~f recommends that the Commission and Council rely on any verbal or written testimorry that may be provided at the public hearing when determining ijthe applicant's zoning and development request is appropriate jor this properly. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (LJDC)11-2A-21ists single-family attached and detached homes as permitted uses in the R 8 zoning district. b. Purpose Statement of Zone: 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 r~uirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All lots shown on the proposed plat conform to the minimum dimensional requirement of the R-8 zone per UDC 11-2A-2. No dimensional modifications are being requested for the proposed development. Therefore, the applicant must meet all dimensional standards. 10. ANALYSIS a. Analysis of Facts Leading to StaffRecommendation: 1. Annexation & Zoning Applfcatfoa: Rased on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-8 zone is generally consistent with what the Future Land Use Map calls for. However, Staff believes that zoning a1120 acres of this property to R-8 is not appropriate for this property Please see Exhibit D and the Comprehensive Plan Analysis above for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on October 16, 2006 by David Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Although the annexation path of this property appears to comply with the requirements of State Code, Staff believes that annexing the subject property will have the effect of having City parcels in the middle of a County subdivision (a City enclave). Staff believes that it is in the City's best interest to have additional properties included as part of annexing this property. It does not seem appropriate to have aCity-approved subdivision of this size that is surrounded by property still in the County, which may or may not annex into the City in the foreseeable future. Further, the applicant is actually processing Spurwing Paris Homes Subdivision AZ-0b-043/PP-06-045NAR-06-020 PAGE 10 r~ u CITY OF MERIDIAN FLANNING DEPAR'1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 a property boundary application through the City to annex a small portion of the golf course lots, to facilitate this development, but is leaving a vast majority of the golf course lots out of the subject annexation and development request. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission did not have an issue with the proposed R=8 zone and the transition in densities provided between the existing 1-acre properties in Spurwing Subdivision and the proposed lots. 2. Preliminary Plat Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density: As noted previously in this report, this area is designated for medium density zesidential uses. Medium density residential is defined as 3 to 8 dwelling units per acre. The submitted plat has a gross density of 3.56 dwelling units per acre. Although Staff has no problem with the proposed density, Staff believes that more of a transition from the e~dsting 1-acre rural residential lots should be provided in the form of larger lots and lower densities along the north boundary. The smaller, attached lots should be relocated to the west, east, and south boundarles adjacent to the golf course, with the larger lots serving ss the transition between the 1-acre lots to the north and the attached lots further to the south. Landscaping: The landscape plea prepared by Harvest Design, on 5 28-06, labeled Sheet #LS-1 is not approved. • 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 existu-g trees on site. • Per UDC-11-3G-3, the applicant must provide a minimum of 5% open space that is accessible by all residents of the development including but not limited to: open grassy areas of at least SO' x 100' in area, community gardens, ponds or water features, or plazas. W'bile the applicant is proposing ponds and meandering creeks as water features, they are not readily accessible by aU residents of the development, and do not allow emergency service providers good visibility into these public areas. Further, not all of the grassy areas proposed meet the dimensional requirements stated above for qualified open space. Although the proposed open space calculations exceed the requirements of the iJDC, the actual qualified open space does not meet the minimum requir+ernents due to dimensions and location. Staff believes that the common area should be more centrally located and provide more open area without ponds for usability by the residents. Applicant should clarify at the public hearing what height of fence is proposed along the north boundary. The applicant clan, fled at the public hearing that a 6 foot tall masonry wall is proposed along the northern perimeter boundary adjacent to the existing Spurwing Subdivision. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon Spunving Patio Homes Subdivision AZ-(16-043/PP-05-045NAR-06-020 PAOE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF FEBRUARY 6, 2007 completion of the landscape installation. All standards of installation should apply as listed in UDC 11-3B-14. Access: Access to this site is currently provided by N. Spurwing Way via W. Balata Court, both local public streets within Spurwing Subdivision. An emergency access is Proposed from Chinden Boulevard at the southwest corner of the site for emergency vehicles only. Direct lot access to Chinden Boulevard shall be prohibited except for the emergency access point approved with this subdivision; a note shall be placed on the final plat restricting access. Stub Streets: The Police Department is requiring that an additional stub street be added for increased emergency access to the site. Staff believes that this will be a difficult condition to meet. Staff recommends that the applicant meet with Lieutenant Bob Stowe to discuss this issue, prior to the next public hearing. As ojthe print date of this report, the applicant was unable to make contact with Lieutenant Bob Stowe to come to a resolution on an additional access to the site. Staff contacted the Lieutenant and the Police Department still maintains that they would like to see an additional access provided to the site. It appears that the applicant wiU be unable to provide one based on the existing subdivision to the north that did not stub to this property and the existing golf course that surrounds the site. Existing Residences/Baildings: The site does not currently contain any residences or buildings. Fencing: The applicant is proposing to construct a manufactured stone wall fence along the northern perimeter boundary of the subdivision adjacent to the existing residences. A 4foot tall wrought iron fence is proposed on the west, south, and east perimeter boundaries. A detailed fencing plan should be submitted upon application of the final plat. 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 /multi--use fencing shall be designed according to UDC 11-3A 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Spurwing Patio Homes Subdivision Home Owners' Association. DitcLes, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that Pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to 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. Although the proposed plat and R-8 zoning would add to the variety of housing types Spurwing Paso Homes Subdivision AZ-OG-043/PP-06-045NAR-06-020 PAGE I'2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 in the subject area, Staff believes that more of a transition in density and lot sizes betvreen the existing 1-acre lots and the proposed attached units should be provided along the north boundary. Staff does not oppose the overall density proposed; however, believes that the higher density attached homes should be relocated from the north boundary to the west, east, and south boundaries of the subdivision. Further, Staff world like to see larger, more usable open space areas, located centrally within the development. The Commission should consider slept s analysis and recommendation, and the layout of the proposed lots and open space in reladon to the existing and proposed homes when making recommendadon to the City Conn~l. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission heard testimony, considered Staff's analysis, and discussed the proposed common areas and did not have an issue with the amount of open space provided or the location and inaccessibility of some of the common areas as noted by Sniff in this report. The Commission also did not have an issue with the requested R-8 zone or the transition in density and lot sizes proposed between the existing rural lots and the proposed lots. Although some of the proposed lot sizes are small, they believed that since the proposed units would be attached and would be a minimum of 1,400 square feet per unit, the structure itself would be least 2,800 square feet, comparable with the existing homes in Spurwing than smaller detached homes on these lots would be. Therefore, the Commission requested that Staff prepare Conditions of Approval for the subject applications (see Exhibit A). 3. Variance Applicadon: The applicant has applied for a Variance from UDC 11-6C-3F to exceed the maximum block face length allowed in a residential district. Special Considerations: There are no existing stub streets or pedestrian connections from the existing surrounding Spurwing Subdivision for this development to connect to. Since the land to the west, south, and east is part of the Spurwing Golf Course, no stub streets are proposed for future connectivity although the Police Department is requesting a stub street be provided to the property. The irregular shape and size of the property also limits design alternatives that would allow for shorter block lengths. Staff believes compliance with UDC 11-6C- 3F is not feasible in this case due to the site limitations stated above and that the required Findings for a Variance can be met (see Exhibit D). b. Staff Recommendation: Staff recommends denial of the subject applications, AZ-06-043, PP- 06-045, and VAR-Ob-020 per the commearts stated in the staff report for the hearing date of October 14, 2006. NOTE: Staff is recommending denial of the variance because the recommendation is for denial of annexation into the City. At the Planning & Zoning Commission meeting on October 19, 2006, the Commission recommended that this project be continued until November 2, 2006 to allow Stag" time to prepare Conditions of Approval. The original staff report did not contain Conditions of Approval since Staff was recommending denial of the project. StafJ'' has now included Conditions of approval in Exhibit A and Findings in Exhibit C. Prior to the November 2'~ meetin& the applicant submitted a revised preliminary plat, dated November 9, 2006, and requested that the hearing be continued until November 16, 2006 Spurwing Pado Homrs Subdivision A7r06-043/PP-06-045NAR-0b-020 PAGE 13 CITY OF MERIDIAN PLANNi1VG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 The Meridian Planning and Zoning Commission heard these items on October 19.2006; November 2.2006; and November 16.2006. At the public hearing on November 16.2006 they moved to recommend denial. The Meridia~('itv~ogncil heard these ite ~ ~ ,Tannarv 9~_ 2007 and Febrt!arv 6 2007 At the Febrnarv 6~ 2007 mee ng the City o n '1 annroved the s•••_p~ation realest alonw wlth he.Pre iminarv Plat and Variance annlicadons. snhieet to the~onditions of Annrovsl listed ~ Exhibit B of thp,.staff report. 11. EJ~ITS A. Drawings 1. Vicinity Map Z. Preliminary Plat (dated: 12-13-06) 3. Landscape Plan (dated: 5-28-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department 9. Central District Health Department C. Annexation Legal Description & Exhibit Map D. Required Findings fram Unified Development Code Spurwing Patio Homes Subdivision AZ-46-043/PP-06-045NAR-06-020 PAGE 14 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 A. Drawings Vicinity Map Exhibit A -Page 1 • C1TY OF MERIDIAN PI-ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 Preliminary Plat (dated: 12-13-06) .at raW qww Iry~s~M~ ~..e ~atl~ ~ Otlll~ O'W 1L9~0 bbl ~.iq1 t ~ C ~CK.t h MlIM~ t10M! MWA4 Pao 'i1mW I.i .p ~ ~# ~ . 1 U1b9d 9sDl~dB E t P. i e •r n e D~~ ~ --~~ ~i~ ~• DtU : I I ~ ii S ~ij e ,. ~~~ VV ~~~ _ ~ ~' __ '. tea; _ .,; y (1 ~ ~ l ; t' 2 ~' ~ I t ~ f ~ ~~.. ~~ 1 ~. ~ s ea ~~. I i y i i _ •~, r „. ~ ~ • ~ tI ~ ~r" I (llI I "'~ i ~~ =i 1~'' ~ 1 j j~0~~e~ i 4 ~ '/ ` A4t ri •, .4x~ ~w~ Q •y~~~ I ti ~}`~ 11ltD0i i 8 • i y ~ YYY__ „'~~i ei ~ ;. tV % 3i~ ~lltttr4e ~ -i ~I.i • '~~' • 7 t i ~ '~~ ~1D374D a c~ Exhibit A -Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 3. Landscape Plan (dated 5-28-06) -NOT APPROVED ox Itsls ~~ r ~ a~-sa3rurroyd~aui ~-~ta~ ';~?•.:,; ~ NOlSWQ811S S3WOH OIIV~~ ~ ~ t~ ~~ ~~g' tie ~ # i9 3h S 1 ` s~ 0 ~¢ ~ ~ `~ ~ ~ affi ~ e" ~ ; ~~ ~ B ~ ~~~ F~~tt . i~ m ~ .~ ~,.. ~_ j-~ at ----~ ~ e t• .' ~ mj t r' ' - P ,`~ fr` • C~ `a , s '~ ' L ~ - :~ ~ '' ~. ~ ~ °~~ ~ ~ ~ ~ ` /\.J ~ ~ t .. r '~ .. r ~ ~ 8 "~-~' ~~' •% ~f ~ ' I ,~ ~~ ~• ;~ f~. ~ ~ ~ ~ ~ ~ ,, ~ , ~~. ~ ' ~ ~~ .~ ~ ~ ~~~ - - ,i ~ ~. `..' ~.~a ~ .. ~ - ~ ~ .~ .... »ii .......l ~i~iim ..„.~ iiaih „„~ MnN f .... .t~. M..... iw~ut i... ~~ua. ~ ~ i ~Y~WY~ i ,~~~- ~ ~~ o ' ' 1I ,r~~~ ~ i i . ~~ ll ~n ~ ~~ iI~ e,~I.1,~;1 ~ ~ 1 t o o~ o ~ ~~ i Exhibit A -Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 8. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1. The overall annexation boundary legal description submritted with the application (prepared on August 16, 2006, by D. David Marks, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian. liowev the on 'na1 *+nexation I 1 description des,,~not ~An. * rl,o f'n»nril annmv~ ~nnina fer thin prOpeitY The apIlliCant has _ ~xbmitied le,~l, ____,. u,... ~.,.,....... _..-_.. _ ~ __ - --=vti t ' 1 / nd n hibit p hat flea he R-4 and ~ S approved by Ci oLnci which are LclLded in Exhibit C slop with the orisin_ai_ overall_ arm xation boLnda*v legal description a_nd exhibit map. 1.1.2. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The Development Agreement process shall be completed within 6 months of City Council approval of the annexation Findings of Fact and Conclusions of Law. The DA shall incorporate the following: Prior to annexation ordinance approval by the City Council, the applicant shall complete a Record of Survey for a Property Boundary Adjustment in Ada County for the portion of Lots 2 & 4, Block 1, 5purwing Subdivision, that are currently within the boundaries of the subject annexation request. Submit a copy of the recorded Record of Survey to Planning Staff. Prior to annexation ordinance approval by the City Council, the applicant shall submit recorded warranty deeds to the Planning Department that reflect the current boundary of the proposed annexation and plat. Secondary access to the subdivision as provided on the preliminary plat at the southwest corner of the property from Chinden Hlvd. shall be gated both at the Chinden access and the internal subdivision access in accordance with Police and Fire Department requirements. 1.2 SITE SPECIFIC REQLRREMENTS-PRELIMINARY PLAT (PP-06-045) 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated December 13, 2006 is approved, with the conditions listed herein. 1.2.2 The landscape plan prepared by Harvest Design, Associates, on 5 28-06, labeled Sheet #LS-1, is not approved and shall be revised according to the conditions noted below: Revise the landscape plan to reflect the revised configuration of the plat and install all landscaping in accordance with UDC 11-3B. • Fer UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Hu$ on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Include mitigation information on the landscape plan. • Provide a detailed fencing plan for all fencing proposed on the site reflecting a 6-foot tall masonry wall along the northern perimeter boundary adjacent to the existing Spurwing Subdivision and a 4-foot tall wrought iron fence around the west, east, and south perimeter boundaries as shown on the landscape plan submitted with the preliminary plat. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 Where the applicant has submittal a preliminary Iandscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposal by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 All lots within the development shall conform to the dimensional standards of either the R-4 or the R-8 zone, depending on the partica~lar zone in which they are located. 1.2.4 All lots along the north boundary of the subdivision shall have a minimum lot size of 10,000 square feet as shown on the plat dated 12-13-16 and required by Council at the 12-12-06 City Council meeting. 1.2.5 Approval of the preliminary plat is contingent upon the Idaho Transportation Department's approval of the emergency access proposal from Chinden Boulevard. If ITD should deny this access request, the development would not be able to provide the two emergency access points required by the Fire Department for this size of development. 1.2.6 Place a note on the face of the final plat that prohibits direct lot access to Chinden Boulevard except for the emergency access point approved with this subdivision. 1.2.7 Per UDC 11-3H-9C6, all open water ponds proposed on the site shall have re-circulating water and shall be maintained so that they do not become a mosquito breeding ground. 1.2.8 Provide fencing around the perimeter of the development, as proposed. Provide a 6-foot tall masonry wall along the north boundary of this site, as proposed during the October 19~' public hearing. A detailed fencing plan shall be submittal upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.9 Maintenance of all common areas shall be the responsibility of the Spurwing Patio Homes Subdivision Home Owners' Association. 1.2..10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/dtainage district, or lateral users association (ditch owners}, with written approval or non-approval submitted to the Public Works Department. ff lateral users association approval can not be obtained, alternate plans will be reviewed and approval by the City Engineer prior to final plat signature. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.3 GENERAL REQUIItEMENfS-PRELIMINARY PLAT (PP-06-045} 1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application{s). 1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3. 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 1 I-3H. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the prelirinary plan with modifications as proposed by staff If the stoimwater 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 Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 facility. This may require losing a developable lot or developable area. it is the responsibility of the developer to comply with ACFID, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. All standards of installation should apply as listai in UDC I 1-3B-14. 1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.6. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. l .3.7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 The preliminary plat shows the sewer main proposed in this development ending at W. Chinden Boulevard. At this time there are no sewer mains in or planned to be installed in Chinden Boulevard. This property is master planned is the North Black Cat shed. This property is currently not serviceable by the City of Meridian's sewer system and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 This property is master planned to sewer to the North Black Cat Lift Station via mains that are planned to be development driven in the property to the west. If the applieaat wishes to commence development prior to the "Master Planned mains" being available they may proceed under the following conditions: a) This is conditional on there being available capacity within the Ten-Mile Trunk. b) The applicant shall provide written permission from the owner of the Silver Leaf Lift Station, granting access to use that lift station. c) The applicant shall be responsible to prove capacity exists in the Silver Leaf Lift Station, and be responsible for any upgrades necessary. d) The applicant shall be responsible install the necessary off-site gravity mains from this site to the Silver Leaf Lift Station. These mains shall not be eligible for reimbursement agreements. 2.3 The applicant shall install sewer mains to and through this proposed 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 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. 2.4 The applicant shall be responsible to install an all weather access road per City of Meridiaa standard specifications to all sewer mains not located within the right-of--way. 2.5 The applicant shall connect to a Municipal water system 2.6 The applicant shall comply with all Department of Environmental Quality's Best Management Practices separation requirements between storm facilities and private wells. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-I-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. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 2.8 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). 2.9 The applicant has indicated that the P.I. system shall bean extension of Spurwing's system. Prior to scheduling of a pre~construetion meeting the applicant shall provide written approval from the owner of that system 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 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 fornon- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea 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 caa not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.13 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. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 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. 2.21 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. 2.22 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. 2.23 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 Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, Zt~7 be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to ac~:ivation. All streetlights shall be installed at subdivider's expense. Typical locations are at str~ ~t intersections and/or fire hydrants, and no fiuther than 400' distance in between locations. ]~inal design locations and quantity are determined after power designs are completed by Idab o Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not Eacceeding 3600 square feet will require a Sre-flow of 1,000 gallons per mimrte available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an averal;e of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for ,fire pmtection will be by the Meridian Fire Deparnnent aad water quality by the Meridian Water .Department for bacteria testing. 3.3 Final Approval of the fire hydrant loi ations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the ~ 4 h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have ~~ny vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provide ~ 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 o:f the project. 3.4 All entrance and internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 3.5 The emergency access drive shall 1 ~e straight or have a turning radius of 28' inside and 48' . outside and shall have a clear driving surface which is 20' wide. 3.6 The emergency access drive shall h ave a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All ri~adways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 ~ Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before G ~mbustible construction is brought on site. 3.8 Where a portion of the facility or lnulding hereafter constructed or moved into or within the jurisdiction is more than 400 feet (;.22 m) from a hydrant on a fire apparatus access road, as measured by an approved route aroun d the exterior of the facility or building, on-site fire hydrants and mains shall be provided when, 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 re~luirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B -Page 2 CJ C~ J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m}. 3.9 This proj ect will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a 1Cnoxbox Padlock which has to be ordered thru the Meridian Fire Department. A `No Parking, Fire Lane" emergea~cy access sign shall be installed at the access gate. 4. Police Department 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Common areas are completely blocked from public view. Seventy-three home sites with one primary access is not acceptable. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.2 To increase emergency access to the site, the Police Departments recommends that the applicant provide a stub street from the property. Prior to the next public hearing, the applicant should submit a revised plat/site plan to reflect this requirement. 4.3 Any interior fencing shall allow visibility fram the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct West Balata Court as one half of a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk. 7.1.2 Locate the entry road intersecting West Balata Court as proposed. 7.1.3 Construct all the internal roadways as 36-foot street sections within 50-feet ofright-0f--way complete with curb, gutter and 5-foot attached concrete sidewakc. 7.1.4 Locate and construct one lo~uckle on the south side of West Tramore Drive and one standard cul- de-sac turnaround at the intersection of North Dunloy Way and North Castle Bar Way. Exhibit B -Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 21107 7.1.5 Construct emergency access at the southwest corner of West Tramore Drive, as proposed. Utilize some restrictive device to inhibit the possibility for cut-thru or general use traffic within the emergency access. The device used to control access on the emergency vehicle madway shall be approved by the Meridian Fire Department and submitted to ACHD in writing. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDTTIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside oftheright-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required peru-its), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall mpair 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-0f--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are coa4gromised during any phase of construction. Exhibit B -Page 2 CJ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 7.2..12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's suthoriz~i 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. 7.3 CONCLUSIONS OF LAW 7.3.1 The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 7.3.2. ACRD requirements are intended to assure that the proposed useldevelopment will not place an undue burden on the existing vehicular tzansportation system within the vicinity impacted by the proposed development. 8. Idaho Transportation Department 8.1 The applicant shall apply to TfD for the emergency access to US 20/26 (Chinden Blvd.) shown on the proposed plat. Note: The main access at Spurwing will not be signalized in the future, so it is prudent to consider how many households would be added to the intersection. The predominant movement from the subdivision is suspected to be left turns onto the highway. Over time, congestion on the highway will make this a more difficult movement. 9. Central Dist~lct Health Department 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 C. Annexation Legal Description 8t Exhibit Map l .Overall Annexation Boundary Legal Description 8t Exhibit Map TEALEY'S L14ND 2sot Hopus Basin Rd. ° Base, lalaha txiT02 SURVEYING taas> 3es-os3s --- rrex (gas) 3as~oass Project. Na.: 2981 Date: June 2, 2008 Revised: August 18, 2008 ANNEXATION DESCRIPTION FOR SPURWING PATIO HOMES SUBDII/ISION A parcel of tend being a portion of Lois 2 and 4 and ail of Lot 3 of f3toclc 1 of Spurvring Subdivision, as filed for record in the office of the Ade Covnry Recorder, Safe, Idaho in Book 89 of Plats at pages 7104 thru 7108, and a patlort of the SW 1/4 of Section 23, T.4N., R.1W., B.M., Ada County, Idaho and mare particularly de:u~bed as fouowe: HEC3INNIN01 at a brass cap marking the Sou6rwest wrner of the said 8ed'wn 23; thence along the Westerly boundary of the said SW 1!4 of Section 23; thence North 00°20'40^ East 324.83 feet to an iron pin; thence said Westorly boundary South 89°39'ZO° East 30.00 feet to an iron pin markng a point of eaxve; thence continuing ebng an arc of a curve to the tart, Raid curve having a radGts of 20.00 feet, a central angle of 104°21't8", a length of 38.43 feat and a tang chard bearlrtg South 51°49'58" East 31.80 feat to an Iron pin marking a point of tangerd; thence contirwir~ North 75°59'24° East 156.18 feat to en trop pin; therms cantlnuing North 00.48'28" East 184.90 feet to an iron pin; thence Ieevfig said Westerly boundary North t0'58'4t' East 873.13 fit to en iron pin martcing the Northwest comer of said Lot 3; thence along the Northerly boundary of said Lot 3 South 78°38'59° East 106.97 feet to an hart pin; thence continuing .South 82°24'58° East 127.74 test to an Iron pin; tlrenoa cMrlinuGtg South 50°t3'S8° Eaai 126.67 feat to an Iron pin; Ihenes continuing South 43°l12"58° East 180.E feet to an Iron pin; therue eorttinuMg South 43'x'12° Eeat 180.00 feet to an iron pin; thence condrndng South 52°28'14" East 222.39 feet to an iron pin; thence trontlnuing SauNr 87°44'25^ ~ 290.87 feet to en iron pin; thence corrtktuutg North 54.48~T' East 242.01 feet to an iron p1n; thence continuing North 28°48'22" East 186.21 feet to an Iron pin; thence contiradng North 19°22'35" East 118.98 feet to an iron pin; thence wntinufng North 43°12'34° Wit 265.25 feet to an Iron pin marking a point of curve; Ihenee cantinuh-g along an arc of s save to the left, said curve having a radius of 20.00 fast, e central angle of 102.2T36", a length of 35,77 feat and a tang chard bearing South 85°33'38" Went 31.19 to en iron pin marking a pond of ending of curve on iha South right-0f-tiaay Iina of West t3atata Corot; tharu~e leaving said South right~of-way I>na North 55°40'10" West 25.00 feet to a point on the centerline of aatd West 8alata Court markbrg a point of curve; thence slang said csrdedine along the arc of a curve to the right, said curve having a radius of 350.00 feet, a central argle of 20°47'29", a iertgth of 127.01 feat and a long chard hearing amaea.a . wawieawmsue~wnnar ~°° • p° Exhibit C -Page I • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND SURVEYING notttosi8tttis'arHOas.~s:.-nutotnrrrrt~~s,'+sw Project No.: 2981 Page 2 t7ate: June 2, 21}06 Revised: August 1B, 2008 North 44°43'35" East 128.31 feet to a point marking a potr-t of endhtg of curve; thence leaving said oenterlirm South 34°52"40" East 25.00 feat to en Iron pin on said South rtght-oi-way Rne of West Baiala Court; thence leaving Bald South -ight-of-way Iota South OS°5722° West 30.28 feat to an iron pin; thence South 43.12'34" East 268.18 feet to an iron pin marking a point of curve; thence along the arc of a curve to ttte right, eat curve ttavirtg a radius at 75.00 feet, a central angle of 24'20'33', a length of 31.88 feet and a long chord bearing South 31°02'18" East 31.83 feat to an Iron pin marking a pofit attangent; thettoe South 18°52'01° East 77.34 feet !o an iron pin on the East botattlary of said Lot 3; thence akorrg said Fast boundary South 00.48'28' West 789.24 feet to an iron pin marking the Southeast oorrter of sold Lot 3; thence along the Soutkter{y boundary of said Lot 3 North 78.39'48° West 891.47 feet 1o an iron pin; therte~ contirnring South 82°18'37 West 505.59 teat to an iron pin; thence conttwing fJOrtft Bb°06'24" West 300.82 feet to rot iron pin; -hence contitnAng South 75°58'24" Wit 194.94 feat to an iron pin marking a paint of curve' thence condwing along the arc of a curve to the Iefl, acid curve having a raditps of 20.00 feet, s central artgte of 75'38'44°, a length of 28.41 feat and a long chord bearing Sanit 38.10'02" West 24.53 feet ro an Iron pin marking a point of tangent; thertee continuing scud, 00°20'40" west 177.81 feat to an Iron pin marking a pant of verve; thence caraiwirtg along the arc of a curve to the lafl, saki curve having a radius of 20.00 feat, a central angle o/ 89'32'12°. a length of 31.25 feat acrd a lartg choN bartrtng South 44°25'28" East 28.17 feet to an trop pin marking a point of ending of curve on Bald North right-of-vray Tine of Steta H~hway 20; thence (eavfig said Narth rlghAof- way Iine South 00.48'28° West 40.00 teat to a point on the South boundary of said Section 23; thence along said Sot#t bamdary North 89'11'32° West 89.52 feet to the POINT OF BEt3iNNINii. Bald panel of Iand oontalne 20.85 area, more or teas. ~~e ~g~ Q e o'~r~ r' y °'+~' Y AW't~R'' uc w~P~. Exhibit C -Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 "~ ~ scumvtt+c suaoH .. i '~ sti ~.,.----- sm ~u Irci CURVE DATA MMI aps mY 90 9mf Map a® s M m wcrw an ao fm tats~rt M Mla waobr an ILM n 4 f t7nar • d a7a O'p// Lfa Ma 0L t MY'A't b m nf1 am !f!Y 1L1 aarr aw RY oc Aa Ma fplfM'~ a.sw. 0 1110 f7L'S Ma •M o0 tM6Yt Exhibit C -Page 3 Mfl[ tilOY - _. - _ „~,~,,,,~ ~, sPVSWIxG PATIO HOMES susnivlszON ~lY6/NEEAINB ,,,, „ ,,,~ ~oPOSED Moar~rAPr nrVNExaTtGAr SOIt/TIOWS,~ am r at t tOf9Rfa IN 1!R sw ~p a 96CIgN ~. rql, R,w BY. >m c ams s,esr. a.a o Yfl~ Apl OOIOIIY. W!D ~~~~°pO mns --.- n CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY b, 2087 2. Legal Descriptions 8c Exhibit Map Depicting Boundary of R-4 & R-8 Zones TEALEY'S LAND gar E titlu+ :itreet . Garaeri c'i-y. maho grna SURVEYiN(3 tie! Fax {~06) 965~a6e6 Projat No.: 298] December 19, 2006 D>PSCIi~[PTION Ft3R R-4 lANB SP[1RWMG PATIO IIOINBS SUBDIVISION A parcel of land being a portion of Lots 2.3 and 4 Block l of Spurwtng Subdivlaion ass Blod for nvord io the otTice of the Ada Couray Recorder, Boise, Idaho in Book 69 of plats st Pages 7104 thtu 7108, tocated is the SW 114 ofSeetion 23,'1'.4N., RI W., 9.i4L, Ada Comuy, Idaho, and tttore pattlicuiarly dessaibed as follows: COA~UNSNCDYG at an alutniaum cap uakrking the Strothwrst e0ttt41r of said Sation 23; eheetoa along the Westerly boundary of avid S W 114 of Sectiiat 23 North 00"20'40" East 97856 fcet ro a point; Uuttee leaving said Westerly boundary ~ Stwtlt $9°39'20" 'Last 295.74 feet to the POINT' OF BEG1NNtNG; thence Noah 10°58'41" East 195 44 feet to ~ iron pin marking fire Notthurost coma of avid Lot 3; ihoaca along the Northerly bantdary of said Lot 3 Sotrdt 78°36'59"Feat 106.97 fon to as iron pln; tha~ee continuing Sontb 62°24.58" East 127.74 Pat to en iron pia; thtarce continuing Sorgh SQ° I3'S8" East 125.67 feet m en iron pin; thenoe cortinuing South 43°02.58" East 160.00 feet to an iron pin; Iheaa oattintong South 43°00' I2" Eagt 160.00 Poet to an iron plat thence continuing Sotdb 52°28' 14" ~ 22239 hart to an iron pin; thtata conainuing Souuh 87°44'25" East 290.67 feet to an iron pin: thetxe ooMitruing North S4°48'27" F,a~ 242.01 feet to en iron pia; tlrerrce cotttinuiag North 26°4b'2Z" East 164.21 feet to ea it~on pin; tha~e+e contitnriag North 19°22'35"East 116.9b fat to ao itar pin; thetax contitating North 43°12'34" Wan 265.25 fat a eA bon pin marfcing a paint of carve; sheen coatlauing ahrag an arc o!a ciuva to the kfl, said nave having a radius of 20.00 feat, a antral angle of 102°27'35' ; a length of 35.77 fed and a long chord beating South 853'38" West 31.19 fat to an iron pia marking a paint on a curve on the Sonth right-0f--way lira of West Berate Cotnt; thane along avid South right-of--way line along the arc of a cane w the right, paid canoe havit~ a radnts of 325 DO foot, a onrtral angle of 20°47'29". a length of 11.7.94 fed and a long clard bearing North 44°43'•35" Fast 1 t7.29 feet to as iron pin; thence leaving said South rightof--way line and th3e Northerly boundary of said Lot 4; 8ou1h 05°57'22" West 3026 fat to a Iron pia; tbetta Sarth 43° 12'34" East 266. l9 feet to an iron pin meriting a point of curve; thane a~ng the arc of a curve to the right, said roQVe having a radius of 75.00 feet, a central angle of 24°24'33" a length of 31.86 fat end a long chord bearing South 31°02' 18" East 31.b3 fen to ~ iron pin marking a point of tangent; thence Est-aa.aaedne Exhibit C -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND SURVEYING :er a sa*tarear, ~ ~ rs~o.eorte~osy sesame t~ect tvo.: z88t ~ z of z t3~e t?eoernber te, zoos 5`OOth 18°32'01" East 77.34 feet to ao icon pm oa the Easy boundary of sa<d Lot 3; thenp: alartg said FBSt boutedety South 00°46'28" West 789.24 feet to m iron pin melting the Southeast corra:r of said Loo 3; thence along the Southerly bot>adary of sell Lot 3 Notch 76°39'48" West 691.47 fast to an iron pin; thence oautinuing South 62°16'37" West SOS.S9 feet to ~ iron pin; theaoe tautiauiag North 85°06'24" West 92.41 feet to a pour ihwree leaving said Southerly boundary of Lot3 NoM OS°43'23" West 121.64 foe to a point; theooe Noreb 73°32'39" East 735 feet to a point of saver thaaoe along an art: of a curve to dte right, said awn having a radius of SS0.00 fcet, a oenOfa) eagle of 08°43'58 ; a length of 83.$3 feet sad a long chord 6earjog North 79°34'38" East 83.75 feat to a point of tangent; thence North 84°16'37" East 292.66 feet to a pointy; thence at right angles North OS°43'23" West 50.34 feet m s point of curve; thence along an ere of a save to the kt1, said corm having a resins of 200.00 feet. a central angle of 34°19'33", a length of 119.62 fat, sad a long chard bearing North 22°33'11" West 118.04 t~ to a point of teogeat; thence North 40°012'58" West 396.67 fen to a point of curve; ehense along as era of a cauva to Wa latt, said curve having s eadius of 100.00 feet. a caatrel angle of 22°1 1'42". a tettgtlt of 38.74 fat sad a long chard bearing Notch 31°08'49' Wass 3$.SO feet to s point; thence North 79°01' 19" West 198.05 Ease to t~ ~ O~-,,BECiNN7NG. :Said Parcel Contains ! 3.80 apes. more or less. AL R~ ~,~. SAN u y ~? "'Ewa~'~ °~~ use-ns~rao° Exhibit C -Page S CITY OF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY'S LAND ttn E earn ;,;rear . ram„ tttv. ~tAn~ s3~t~ SURVEYING ~- ~~ Fax 1'1Q8) 7ab-0896 Projat No. 1'98! Detxmbtx 19.2006 DLSCRiPTlON trOR R-8 ZONE i9PURWINC PA770 60MES SUBDIVLSION A pareet of tend being a ponion of Lots 2 and 3 Block 1 of Sptuwiag Subdivision as Gled far tanned in the olGoe of Ibe Ada C.otatty Reootder Boise, Idaho io Book 69 of Pbus at Pages 7104 rhea 71081ocatad in the SW lt4 of Section 13. T.4N.. RI W, B.M.. Ada Coumy, Idaho, mare paeticnlatly desQibed ffi follows: Y tG_ at ao ahmsimms cep marking the Southarest corner of said Berrien Z3: thence atoag the w~[erty bowtdary of said S W !/4 of Section 23 North 00°10.40" East 324.83 fat to an iron pin on the Wo~rly botttttlary of aid Lot 3: thence leaving said Weadrly boundary of the SW I/4 at right eagles along said Westerly boundary of Lot 3 South 89°39'20" East 30.00 fat to as irai pia marking a point oa a auve; tlteace coneimritrg ah~ag an are of o curve W the left. sai0 curve having a radius of 20.00 fee, a antral aetgleof l041°21'I6". a length of 36.43 fed aa~d a laag chord bearing Souh 31°49'58" East 31.60 fat to an irat pia marking a poim of tangent; thtattx oaatiauittg Noah 75°3974" East 136.18 toes to an iron pin; thence cantmuiag North 00°48'28" Eat t 64.90 feat to an iron pin; tbatoe teavu+g said Westtly boundary of'Lot 3 Nordt 10°58'4I" Ee:< 4?7.70 fact to a point; tbtau+aa South 79°01'19" R.avt 198.OS fat to a point on a area; thattoa along an etc ofa tton- taagemawe m the rigl-t, said etwe having a radius of 100.00 Beet. a osrtteal angle of 22°l 1'42". a length of 38.74 feet acrd a long chord bearing South SI°08'49" Ett.9t 38.50 fat to a point of tangat>; thtatce South 40°02'38" ~ 396.67 fcet to a point of curve; thane along as arc of a corn to the right, said nave having a radios of 200.00 foes, a otmtrel angle of 34°19'35". a langd[ of 119.82 fad. and a long chord bearing Satttb 22°33' 11" East 116.04 tact to a point of tangent; thence South OS°4373" East 50.34 fat to a point; thane at fight angles Sotttb 84°I6.3T West 29266 fed to a point of auv~ thmoe ahmg an arc of a curve to the ktl. sold curve having a radius olSS0.00 feet. a oeatral aaglt: of 08°43'58". a length of83.83 tat and a tang cbead bearing Seth 79°S4'38" Wes[ 83.75 fat to a point of tartgertt; thence Sou>!r 75°32'94" West 7.55 fat to a poiug thatoe South OS°4373" East 121.84 Poet to a point an the Southerly bototdary of said Lot 3: theca ahsag avid Soutl~riy bottodary North 85°06'24" West 208.41 Pat to as iron pia; tbttooe coatinuirtg mat-aed~aec Exhibit C -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 TEALEY`S LANQ SURVEYING urn e. ed seat omsee rat, imra,s~t4~ ~esoae Project No.: 2981 Date: Devemh~er 19.2006 Page Z of 2 South 7s°59'24" west 194.94 feet to an iron pia marking a point of curve; thence rontitttthtg along the ats o[ a ame to the left, said cstrve having a radius of 20.00 feet, a esnuml angle of 75°38'44". a length of 26.41 fat sad a low chord bearing South 38°t0'02" West 24.53 fact to an iron pin marking a poim of taagenr theaoe ~~8 Sowh 0'0°20'40" West 177.61 feet to ao iron pin Hooking a point of curve; theria coatinu~ tht: ttnc of a curve to the laft. said tstrve having a radius of 2Q00 feet. a oeattal angle of 89°32' 12", s haagth of 31.25 feet and a long rho~d bearing South 44°25'26" East 28.,17 feet to as icon pin marking a point of ending of curve on said North tight~of--way line of State Higbvray ZP. thetue tesviagsaid Nortbfight-of--way line acnt said Southerly boundary of Lot 3 South 00°48'28" West 40.00 feet a e point oa the South boundary of said Section 23; tEoHOS along said South boutadmp North 89°l 1'32" West 69.32 fact is the P9Il~7' Olr BEGINNING. Said Piatoel tontaias 6.77 ewra, more or less. ~~~ !AN fl `.'~ 1~7 "" z9st-as.do~a~ Exhibit C -Page 7 ~~r • TtIE H'EA~G DATE OF FEBRUARY b. Z~7 G DEp~~~ STAFF ~pORT FOR CITY OF q~gER1U~ pL~~ $ ~ ~: ~~ ~ ~~~ ~~ ~ ~~®~ ~3~ GI= ~ ~~~ r ~a ~ ZY Q ~U ~ 2 ~~ ~ ~~ t ---_--'~ z--,~-,-,-~ i ~ ~~ ~.. 0 ~ax+ ~vuw~ ~~+ _,_ ~:~~q~~ M `°~~ ~~-e~ ,. ~ y ~ ~ .~ M µf~, .__ ~, ~ +•'~ ~ ~ ~~ at? ~. . .~ "~, Y~ ~ ~ ~ ~ ~ ~~ ~• m 8 c++ a `t • ~, ~ ~' °` s ~ 1~ :' a ~ - °`~ qq,~ ~ `- ~' M' ~b` ~~ [Il w D ~~ y ~~ ~ ~ ~ ~ ~ • , t,pr~ tt-~LKG...~ ~~~ ~~ S• S '~iMha M \ h ~` ~ ~+ ~ - ~ J ~ ~~ _ . ~ ~ .p ~~ ~~ lam" 1 N o ~ 1 1 1 ~y~i A i ~ ~ °_~ Fachibic C -page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 D. Required Findings from Unified Development Code 1. Amiexation Findings: Upon recommendation from the Commission, the Council shall make a fall investigation and shall, at the public hearing, review the application. In order to grant sn annexadon and/or rezone, the Council shall make the foIIowing 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-8. The Council finds that a more appropriate map amendment would reflect a split zoning of R-4 for the lots proposed for detached units and R-8 for the lots pnopos~ for attached units in compliance with the applicable provisions of the Comprehensive Plan. B. The map amendment complies with the regulations outlined for the proposed disMct, spedflcally the purpose statement; As proposed on the revised plat dated 12113/06, the Council finds that the development of this property will comply with the established regulations and purpose statement of the residential districts. C. The map amendment shall not be materially detrimental to the public Lealth, safety, and welfare; The Council finds that the proposed zoning amendment should 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 apon the delfvery of services by any political subdivision providing pn6lic servicm within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment, as amended with both R-4 and R-8 zones, 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 merest of the City (UDC 11-SB-3.E). The Council fords that all essential services can be made available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fiords. The Council finds that annexing the subject to R-4 and R-8 is in the best interest of the City at this time. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive PIan; Exhibit D -Page 1 CITY OF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HF.ARiNG DATE OF FEBRUARY 6, 2007 The Council finds that the proposed revised preliminary plat (dated 12/13/46) conforms to the applicable provisions of the Comprehensive Plan. B. li'ablic services are available or can be made available and are adequate to accommodate the proposed development; The Council fords that public services can be made available to accommodate the proposed development. (See Exlu'bit 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 cost, the 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 that the Commission 8t Council rely upon comments from the public service providers (i.e, police, fire, ACI^ID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACID and ITD consider road safety issues in their analysis. Staff recommends that the Commission & 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 and the Commission is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 3. Variance Findings: The City Council shall apply the standards Hated is Idaho Code 67-6516 and all the findings listed in Section 11-SB-4E of the UDC to review the variance regnesL In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the disd3ct: The UDC requires that no block face be more than 750-feet in length without an intersecting street or alley or that no block face shall have a length greater than 1,300-feet Exhibit D -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 6, 2007 without a connecting pedestrian open space and pathway. Therefore, if the City grants the variance• it would allow a right or privilege not usually allowed in a residential district. However, since the property is irregularly shaped and the existing surrounding development does not stub or have pedestrian connections to this property, Council believes the variance requested should be granted. This site is such that full compliance with the UDC standards would be relatively impossible and cause an undue hardship to the applicant. B. The variance relieves an undue hardship because of characteristics of the site; Council finds that this is an irregularly shaped lot, which limits design alternatives that would allow for shorter block lengths. Further, the existing surrounding development does not provide any stub streets or pedestrian connections to this property which would allow the applicant to comply with the UDC. For these reasons, Council believes that a variance would relieve an undue hardship to the applicant because of the characteristics of the site. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that granting the subject variance should not be detrimental to the public health, safety, or welfare. Further, Council recognizes that this is an unusually shaped property and existing site conditions restrict compliance with the ordinance. However, if the City grants the variance it would allow a right or privilege not usually allowed in a residential district. Council believes that in this case site conditions are such that would cause an undue hardship to the applicant and that a variance should be granted Council fiuther requires that development of this property be required to comply with all other dimensional standards of the UDC. Exhibit D-Page 3 August 10, 2007 AZ 06-014 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT ATM Development, LLC ITEM NO. S-P REQUEST Addendum to Development Agreement: Request for Annexation and zoning of 20.16 acres from RUT to R-4 zones for Cabello Creek Subdivision -NEC of East Victory and South Mesa Way 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: Emaiied: U~ L G • COMMENTS See Aftached Addendum to DA B'~ U" I ~ubltc meetings shall become property of the City of Meridian. ~a~jo>~G . C~j~J • ~ Afl E I AHO 08 ~7 OA'.A4 PMT ~ AMOUNT .60 ~ ~~ ;DEPUTY Qail Qarretl ~ III {tillllll{III1~1111111111111111! III "; RECORDED-REQUEST OF 107119576 ~ Meridiae City -- -- ~: t ------------ -- -- - -- ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. ATM Development, Developer 3. Martin Artis, Owner 'The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 14th day of August, 2006 and approved by the Meridian City Council on August 22, 2006. This addendum is made and entered into this 1~ day of ~i.1lS,d , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642 and ATM Development, whose address is 660 East Franklin Road, Meridian, Idaho, 83642, hereinafter called DEVELOPER, and Martin Artis, whose address is 9292 W. Pandion Court, Boise, Idaho 83714, hereinafter called OWNER. OWNER and DEVELOPER agree to be bound by the terms of the original Development Agreement (instrument # l Ob 141057), approved on August 22, 2006 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 106141057, approved on August 22, 2006, and recorded on August 31, 2006, be amended by modifying the following: • Page 3, Section 4.1- deleting the allowed uses section as follows: "Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone; and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 014 application. " • This Section 4.1 shall be replaced with the following allowed uses: "Construction and development of a residential subdivision with 47 single- family residential building lots ~ 11 common lots on 18.84 acres in the R-4 zone pertinent to this AZ 0(H014 applicatcon. " . 3. That Owner and/or Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner and/or ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABBLLA CREEK SUBDIVISION PAGE I OF 5 • • Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. 1~lothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shalt be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: MARTIN ARTIS a ~ DEVELOPER: ATM DEVELOPMENT CITY OF MERIDIAN BY: Mayor T de Weerd ~~,~ a~~ 6 y ~ ~rj ~' wn~:G 8'-l~-0 7 ``1111\\1 Illlill/1/lll',' Attest: ``\~~.1 ~ ~ ,~~~ . ~'t ~ .~ ~~ r F a ~~AL William G. Berg, Jr., Ci Ier ~ ~' -~ ~ ~ ` ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014} CABELLA CREEK SUBDNISION PAGE 3 OF 5 STATE OF IDAHO, ) . ss County of Ada, } On this I S}day of ~ , 2007, before me, the undersigned, a Notary Public in and for said State, persona ly appeared A~ MQ~ee ~M~'~1; ~ Ar,~S known or identified to me to be the O w ~ at-~ of ATM Development, acknowledged to me that he executed the same an 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. ~,,1~ ~~~~~~ t •.• pue~~~ aar .,~~q~.F oP `~~ STATE OF IDAHO, ) : ss County of Ada, } otary Public r daho Residing at: ~~ ~'~` 3~ My Commission Expires: O ~ 2~ On this ~ 4~ day of ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Martin Ards, known or identified to me to be the above person, acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. otary Public or Idaha Residing at: S'~ . c-~~ ~3~•3~/ My Commission Expires: 6 ~ 3 ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDNISION PAGE 4 OF S • STATE OF IDAHO ) ss County of Ada ) On this ~'~ ~' day of /~11QUS~ , 2007, before me, a Notary Public, personally appeared Talnmy de Weerd and'alilliam G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~. s,tYL~I`4.4.~ Notary Public for Idaho Residing at: ~~ ~e 1 l~ t1'~ Commission expires: 1~-- L-I 1 ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 5 OF 5 ti r~ ~i i ~rn.~ ?tab t aivrl 4RVVr, tAiC. February 10, 2006 Project No. 2700 Psttcs[, oA 1" Legal Description Cabella Cteek~Subdivisioa Annexation & Rezone Area 20.16 Acres A tract of ]and fo: annexation and zezone purposes, bring Lots 3, 4, 5 arld 6, Block 1, Kachina Estate (a recorded subdivision oa file is Book 35 of Plats, at Pages 3016 and 3017, records of Ada County, Idaho), and a portion of the Southcest One Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, desadbed as follows: Cotaareaciag at 5/&iach steel pia tnarivtaeating the Southeast Comer of said Section 19 otx the ceatediae of E.'Victory Road, thence foIlocoiag the sattthedy line of said Section 19 and said centerline, South 89°42'13" Wet a distance of 626.18 feet to the POINT OF BEGINNING; Thence following the southerly lice of said Section 19 and said ctutetIine, South 89°42'13" West a distance of 945.?A feet to a pviat on the•centeriine of Mesa Way; 'Y~rence leaving said southerly line sad said ceatea-~ and following the ceutezliae of said Mesa Way, North 00°17'47" West a distance of 654.58 feet to a povnt; Thence 93.92 feet following the etc of a citt.~lar curve to the tit, said curve baviag a radios of 13538 feat, a central angle of 39°45'01", a chord beating of North 19°34'43" East and a chord distance of 9205 feet to a point; Thence North 39°2714" East a distance of 261.17 feet to a paint; Thence 57.88 feet foIIowinng the arc of a circular curve to the left, said curve ltaviog a radius of ?5.00 feet, a central eagle of 44°13'10", a chord beaiistg of Nortk !7°20'39" East and a chord dis~nce of 56.46 feet to a poffit on the aoztherly live of said Lot 6 extended westerly to said centerline; Thence leaving said centerine and fiollowing the northerly line of said Lot 6 South 89°24'07" Fast a distance of 622.03 fcet to a point moaumeating the Northast Comes of said Lot b; Thence leaving said northerly line and following the easterly line of said Iat 6, South 00°20'54" East a distance of 305.73 feet m a 1/2-steel pin monumetsting the Southeast Comer of said Lot b; Thence leaving said easterly line sad follocviag the northerly line of said Loc 3, 1 Site PGnnurg • l.ouA~;upa .drrbile+~trva • tai! F.ngamiu~ • G•i~G'o::~s~ ini„q~/ios e~ )s~smrear~g • Gswp;6F Gbavaawri.anw~ • Iur~~,'x3 .t621a Sbom motive, Ste.1~K1, J3a~tr, Idatw 53616.1' ?.0$.Y19.M34r 1'':08.939.M45 • w•vrn.~dgceupinccom X;;l~mie.~lataf;,., ~azrn;:7aG',.idment4z~rirLtarx ~tdica.deu • ~ Febraary 10, 2006 Page 2 of 2 North 89°38'37" East A distance of 106.46 feet to a 1/2-steel gin monuaaeating the Nortlseast Corner of said Lot 3; 'Fence leaving said northerly line and following the easterly line of said Lot 3, South 00°23'17° East a dis~nce of 69'0.42 feet oo the POINT OF BEGINNING. The above-described tract of land contains 20.16 Acres, more or less, subject to atl existing easepae~nts and tights-of-way. Attached heoeto is Exh~it "A-2" end by this reference is made a part hereof Prepared By: x'HS LAND GaoUP, INC.,' 462 E. Shore Drive, Suioe 100 . Idaho 83616 208-939-•4041 206.939-~44~45 (FAQ FED 17 xQ06 :..cR~ninno PuBUC ;N~•RKS pEP7 1 SiM P1:raain~ • 1.~w,~~~vJ~r .+Irrbb'ax~r • Ciaili?a~furrriq~ s Gv;~'G'vnrra le~gatiox asp isagixaaerix~ • C~nrpfik G'vmarA,raatiau •.4iaw}~1.q( ~G2 E. 51~on:1)rn~e, Sle. lUU, r~~le, Idaho 5~3G16 • P ~oY.939.49~11 ~'~3.93'-.~1a~5 • ..~~~wlhelandgsoupute.ean ADA f~UNfY RECORDER J. DAtrZO tiAVARRO Ah90Utlt .00 41 BOISE IDAHO lb/3f/OB 02:23 Pb9 ~~ DEPUTY Ulcb Alton RECORDED-RE4UEST OF 1x6141857 City of Meridian DEVELOPMENT AGREEMENT PARTIES: h•. City of Meridian 2. Mania Ards, Owner 3. ATM Development, Developer THI5 DEVELOPMENT AGREEMENT (this "Agreement', is made and entered intp this ~y~` day off: 4,~y,_s ~- , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", ATM Development, whose address is 660 E. Franklin Road, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Martin Antis, whose address is 92921N. Pandion Court, Boise, Idaho 83714, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or eq><iity, 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, t+equire ar permit as a condition of re-zoning that the "Developer"and/or "Owner" make a written comautnaent coaoeming the use or development of the subject "Property"; and I.3 WHEREEAS, "City" has exercised its statutory authority by the enactment of the Meridian 'Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning ofl~ad; and 1.4 WSEREA3, "Developer" has submitted an application for am-exation and zoning of the `property's" described is Exhibit A, and has requested a designatiaa of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer"and/or "Owner" made representations .at the public hearings both before the Meridian Planning & Zc-ning Commission and before the Meridian City Council, as W how d-e subject "Property" will be developed and what improvements will be made; end DEVELOPMEN f AGItE~Mt~NT (AZ 06-0~I4) CABfl.1.A CREEK SUBDNISION PAGE 1 OF 12 1.6 WHEREAS, record of the proceedings for the guested annexation anti zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subseguentiy before the City Council, include t~sponses of governmert subdivisions providing services within the City of Meridian planning jurisdiction, and received fiuther testimony and comment; and 1.7 WHEREAS, City Council, the 6''' day of June, 2006, has approved certain Findings of Fact anti Conclusions of Law and Decision and Order, set forth in Exhibit $, which are attached hereto and by this reference iacorriorated herein as if set forth in full, hereina8er referred to as (the "Findings'; and 1.8 WHEREAS, the Finduags require the "Developer"and/or `'Owner" to eater into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests, and 1.10 WHEREAS, "City" requees the "Developer" and/or "Owner" to enter into a developmem agreement for the purpose of ensuring that the "Property" is developed and the subsequeatuse ofthe `aProperty" is is accordance with the temis and conditions of this development agreement, herein being established as a result of evidence receuved by the "City" is the proceedings for zoning designation fic+mm government subdivisions providing services within the Planning jurisdiction and from a$ected property owners end toensure re-zoning designation is is 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 City Cale Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORI'ORA1'1<ON OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as. if set forth is bull. DEVELOPMENT AGREEMENT (AZ ti6.014) CABELLA CREEK SUBDIVISION PAGE 2 OF 12 3. DEFINITIONS: For all purposes of thls Agreement the following words, terms, and phrases herein contained in this section sha11 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 Meridiaa, a party to this Agreement, which ~ a municipal Corporation and government subdivision of the state of Idaho, organised and exisftng by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to ATM Development, whose address is 668 E. Franklin Road, Meridian, Idaho 83642, the party developing said `~raperty" and shall include arty subsequent developer(s) of the `T'mperty". 3.3 "OWNER": means and refers to Mania Ards, whose address is 9292 W. Fandion Court, Boise, Idaho 83714, the party that owns said "Property" and shall include any subsequent owner(s) of the `Troperiy". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located is the County ofAda, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low 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 T'he uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 1 I which are herein specified as follows: Consh~ucaton onddevelopment ofa Cert~cateojZoaing Compliance shall be sabmPtted to the City of Meridian prior to a future development in then-4 zone, and the pertinent piov~'ons oJthe City ojMeridlan Comprehensive Plan are applicable to this AZ O(r014 application. 4.2 No change in the uses specified in this Agreement shalt be allowed without modifccatlon of this Agreement DEVEI.,OPMENT A(IR£EMENT (AZ Q6-01.4) CAB@LLA Clt$EK SUBDIVISION PAtIE 3 OF 12 5. CONDITIONS GOVERNING DiIVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Ovrmer"shall develop the "Property" in accordance with the following special conditions: 5.1.1 That ail firrin~e uses shall not imrolve uses, activities, processes, materials, equipment and conditions of apenrtioa that will be detrimental to aaypersons, properlyarthe general welfare by reason of excessive production of traffic, noise, smoke, fiunes, glare or odors. 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant ~ responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section S-1-S17, when services are available.from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 That the following shall be the only allowed uses on this property: single-fannily detached homes and allowed accessory use of the B-4 none. 5.1.6 That prior m issuance of arty buiidwg permit,the subject property shall be subdivided in accordance with the City of Meridian Uaified Development Code. 5.1.'7 That the applicant will construct a minimum 10-foot wide multi-use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. 5.1.8 That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of airy new dwelling units. 5.1.9 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory maybe utilized until the DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SU$DIVISION PAGE 4 OF !2 • intenaal streets within the plat are constructed and approved by the Transportation Authority (ACID). At such time, direct lot access to Victory Road shall be prohibited. 5. ] .10 To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house .across Mesa Way (Binfor+d property), the applicant has volunteered to, at the developer's expense, provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of the Binford's driveway, as allowed by the Biaford's. 5.1.11 That the applicant agrees to install temporary constivdion fencing around the perimeter of the subdivision. 5.1.12 That the preferred construction traffic mute to/frotn this development shall be from Victory Road and not Mesa Way. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commir<nents contained herein shall be tenainated, and the zoning designation reversed, upon a default of the "Deve[oper" and/or "Owner" or "Developers" andivr "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governdng 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 § 67-6549, or any subsequent amendments or tecodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Ovmer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent town: 7.1 That the "City" provide written notice of any failure to comply withthis Agreement to 'developer" and/or "Owner and if the °Developei" and/or "Owner" fails to came such far~ure within six (6~ months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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 aad written approval af~lch completed improvements orportion DEVELOPMENT AG[tEEMENT (AZ 06.0141 CABELLA ClLEEK SUHD1VlS10N PAGE ~ OF 12 • thereof in accordance with the teems and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 9. D11:FAUI,T: 9. I In the event "Developer" and/or "Owns:", or `developer's" and/or "Ovmer's" heirs, successors, assigns, or subsequent owners of the "Praperh+" or any otherperson acquiring art interest in the "Property", fail to faithfully comply with ell of the terms and conditions included in this Age+Beraent in connection with the "Property", this Agreement may be modified ar terminated by the "City" upon compliance with flee reeluirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by"Developer"and/or "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the broach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. ] 0. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandwn of this Agreement or this Agreement, including all of the Exhibits, at `developer's" and/or "Owner's" cost, and submit proof of such recording to "Qeveloper" and/or "Owner' ; Prior to the third heading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such rceordation, the City Council fails to adopt fire ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, ffie "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreemenn, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any wort ofcompetent jurisdiction by either "City" or "Developer" and/or "Owner", 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 fire specific performance of the covenants, agreements, conditions, and obligations contaiaal herein 12.1 Ia the eveert of a material breach of finis Agreement, the parties agree that "City" and "Developer" and/or "Oumer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to DEVELOPMENT AORBEMENT (AZ 06.014) I;ABEL,LA ~RSEK SU8DM510N PAGE 6 OF l2 • the non-breaching party's seeking of any remedy provided forherein; 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 patty shah commence m cure the same within such thirty (30) day period aad 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"and/or "Owner" or "City" is delayed for causes which are beyond the nsasonable control of the party responsible for such perfon~ace, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that instaAation ofthe improvements, which the "Developer" and/or "owner" agree to provide, if rewired by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy wtlI be issued unfit alt improvements are completed; unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreeruent stating when the improvements will be completed in a phased developed; and in aay event, no Certificates of occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree to abide by all ordinances ofthe City ofMeridian 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, ibis Development Agreement, aad the Ordinances of the City of Meridian. l6 NOTICES: Any notice desired by the parties and/or required by this Agrexment shall be deemed delivered if a7rd when personally delivered or three (3) days after deposit io the United StatesMail, registered or certified mail, postage prepaid, retumreceipt requested, addressed as follows: DEVELOPMENT ACIREEMENT (AZ 06-0!4) CABELLA CREEK SUBDIVISION PAGE 7 OF l2 CITY: c% City Eugiueer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 ow1vER: Martin Artie 9292 W. Pandion Court Boise, II} 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian,lD 83642 DEVELOPER: ATM Development 66t) E. Franklin Road Meridian, ID 83642 1 b.l A party shall have the right to change its address by delinrering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should arty Iitig$tion be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled. is 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 ar forfeiture of this Agreement. 18, TIlViE I3 OF TSE 18SS1[:NCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every teen, condition and provision hereof; and that the failure to timelyperform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCIES30]ItS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal DEVELOPMENT AQREEMENT (AZ 06.014) CABELLA CREEK SUSDiV1S10N PAGE 8 OF 12 ! • representatives, including "City's"corporate authorities and their successors in oi~ice. Thiss Agreement shall be binding on the "Developer" and/or "Owner" of the `Troperty", each subsequent owner and any other person acquiring an interest in We "Property". Nothing herein shaii 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 "Developer"and/or "C?wnef , to execute appropriate and recordabie evidence of termination of this Agreement if"City", is its sole and reasonable discretion, had determined that `~eveloper•' and/or "Owner" has fully performed its obligations under this Agreement. 2fl. It1WALID PROVLSIONa ff any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shat] be deemedto be excised Pram this Agreement and the invalidity thereof shall not affect any of the ether provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements. condition and understandings between "Developer" and/or "Owner"' and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express orimplied, between "Developer" and/or "Owner" and "City". other than as are stated herein. Except as herein otherwise provided, na subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties het+eto unless reduced to writing and signed by them ar their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21. l No condition governing the usesand/or conditions governing re zoning of the subject "Properly" herein provided fqr 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 pr+avisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFItEGTIVE DATE OF AGREEMENT: This Agreement shall be eSective 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 "Pmperty" and execution of the Mayor and City Clerk. DE1-BI.OPMENT AGREEMENT (AZ 06-D14) CABELLA CREEK SUSOtVIStON PAGE 9 OF ]2 ~ ~ - --- ACKNOWLEDGMENTS 1N WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER ATM Development, LLC Attest: CITY CLERK By; OWNER Martin ArHs Y a. c~~~ CITY OF MERIDIAN `.~-"'~~ BY: - MAYOR T de WF.ERD i ~ ~ Tip -~ ,,f,9G T 1st ~ ~ ,~ ~.~' '! Y. . ~~~n~rrrr rtrtr~~~~~~ DEVELQPMENTAOREEMENT {AZ 06014) CABELLA CREEK SUBDMSION pAQE 10 OF IZ STATE OF IDAHO, ss County of Ada, ) On this „~,~• day of 2Q06, before me, the undersigned, a Notary Public an and for said State, personally appeared ~2.~... known or identified to me to be the of ATM Developu~ent, LLC, acknowledged to me that they executed the same on behalf of said corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed sny official seal the day.and Y_.~iii~$ certificate first shave written. (SEAL} h~ ~OTA~~ ~O~ _ # ~'~ s d°VHL1G '-. ~ ~ ~f/t~~~N~'" STATE QF IDAHO, ) ss Notary Public ~or - R.esiding at: C My Commission Expires: County of Ada, ) On this _,~~~___ day of 200b, before me, the undersigned, a Notary Public is snd for said State, pe ~ sally appeared Martin Ards, known or ideutlfied to me and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunw set my hand and affixed say oE'iciat seal the day~d~ this certificate first shove written. .• v (SEAL} ` x ~O~ ~ r ~, otary Public P PvBti~ p Residing at: ~••,~ ~r 9P~~ My Commission nrrv~ropl~r aa~El~rrr (AZ ob-or~a~ cna~.a cc sosDtvistoN Pa(3E I1 OF 12 STATE OF IDAHO ) ss County of Ada ) On this o~ h~ day of ~ le> > S~ , 2006, before me, aNotary Public, personally appeared Tammy de Weerd~dd William 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 tt-e instrument of behalf of said City, and acknowledged to me that such City executed the same. ' IN WITNESS WHEREOF, I have hereunto set niy hand and affixed my official seal the day and year iA flue certificate first alcove written otary Public for Idaho Redding at: _~~(i Commission expires: j(~-1 -i 1 DEVELOPMENT AaREfiMBNT (AZ 06-014) CAHELLA CREEK SUBDIVISION PAGE 12 OF 12 • _-,~ • ~~ ~..lr:` Yaa ~-rrn croup, «vc. Feb:wary 10, ZOOG Project No. 2700 Psxr~[. aA-1" Legal Description Cabella Creek~Subdivision Annexation & Rezone Area 20.16 Acres A tract of land for aaneaatioa and rezone purposes, befog Lots 3, 4, 5 and 6, Block 1, Kachiaa Estates (a recorded subdivision on file is Book 35 of Plats, at Pages 3016 and 3017, records of Ada County, Idaho), and a portion of the Southeast One Quarter of Section 19, Township 3 North, Range 1 East, Boise Mezidian, Ada County, Ydaho, desaabed as foIlows: Commencing at 5/8-inch steel pia moaameatiag the Sau~esst Comes of said Section 19 on the centerline of E. Yctory Road, thence following the southerly 1me of said Section 19 and said centerline, South 89°42'13" West a distance of 626.18 feet to the POINT OF BEGINNING; Thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 945.20 feet to a point on the'ceatetline of Mesa Way; Thence leaving said southerly lice and said centerline, and following the ceutrsliae of said Mesa Waq, North 00°17'47" Weer a dismncc of 664.58 feet to a point Thence 93.42 feet following the arc of a cit+culat carve to the fight, said curve ha'viag a nadias of 13538 feet, a ventral angle of 39°45'01", a chord bearing of North 19°34'43" East and a chord distsaee of 42.05 feet to a point; Thencex North 39°27'14" East s distance of 261.17 feet to a poia~ Thence 57.88 feet following the arc of a circular calve to the left, said curve baviII$ a radius of 75.00 feet, a central angle of 44°13'14 ; a chord bearing of Nosth 17°ZO'39" Fast and a chord distance of 56.46 feet to a point on die northerly line of said Lot 8 exemded westerly to said centerline; Thence leaving said waterline and following the northerly Iiae of said Lot 6 South 89°24'07" Fast s distance of 622.03 feet to a poaat oaoautnentiag the Northeast Comet of said Lot 6; Thence leaving saki aordietly line and following tine easterly line of said Lot 6, South 00°20'54" East a distance of 305.73 feet to a 1/2-steel pin moaummting the 5ourh~st Comer of said Lot 6; Thence leaving said easterly line and follo~aviag the aosthetly lice of said Lot 3, ,Site PGnnu,Fg • fvudsept st~rbitnwra • C;ev/Fngurrria~ • G~lf'Corne Tnigr~tiae vl- Fsxgbrtari~rg • t~bi: COMIIHlAk~/W// • Sura~r~ .162 L',. St~ore'Dd~•e,;ice.1~)0, Lngle. I~ahu 33616 • P 203.9.19 x1411' '~8.939.4k1S • %vre.~tdge~oupine.eosu X: ~~'tnicrc.<`;ai.~f ~..~ Aeami'.70p2,Adnida`.L r~ls :~twrs ~ict;ccdr~e • `~ ~ Febtaaay 10, 2006 . Page 2 of 2 North 89°38'37" East a distance of 106.46 feet to a i/2-steel pin moaomeating t~,e Northeast Corte of said Lot 3; Thence leaving said northerly lice and following the easterly line of said Lot 3, South 00°23'i7" Fast a dismnce of 690.42 feet to the POYNT OF BEGINNING. The above-~cn~bed trau of laud contains 20.16 Acres, more of less, subject to all existing easements andrights-of-~vay. Attached hereto is Ex~iit "A-Z" and by this reference is made a pact beceo£ Ptepased Bp: THB LAND GROUP, INC. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208.939-4445 (FA317 ~s ~ 7 zoa~s t..~~~uu+N Pueua 7n/~•RKS OEPT. 1 Silo Pl.~arur~ ° 1 ~ad~~wly .dabittixYrr ~ C~+~I1?w,gurofr.'a~ I C;v1f L'orrrnr ~rri~itiar ~ F4giadnia~ ~ Crnspbti• Gvara•~w~iar •.s v;F -WZ E. 5haie llrir~ $le. it~(-, ~~ Jd~ho y3G16 • P :QS.9J9.4rN11 C' ~f.939.~1a~5 • a~.zv.~hJaridgroupinccom • RECEIVED JUN Q i Z~QB CYTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~?tY ~ f 'than ce ~ , ~f ~ rm rir ~ ~'~ u~nHa yN ~~a~ + ~ ~' In the Matter of Annexat~tan and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Resfdentisl) AND Preliminary Plat approval of 41 single-ffan~iiy residential building low and 11 common lots on 18.84 acres, for Cabello Creek Su[xiivfslon, by ATM Development, LLC. Case No(s).: A-Z-06-014 and PP-06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2Q06 in~rporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 23, 20{}6 ' incorporated by reference) 3. Application and Proper ty Facts {see attached Staff Report for the hearing date of May 23, 2086 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 2086 incorporated by reference) $. 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 fates judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and aU current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Ares and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2882, Resolution No. 82-38Z and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. C17Y OF MEIi1DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Q6.OI4 / PP-06-O l2 -PAGE 1 of4 • 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. b. 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 DesaYption, Preliminary Plat, and the Conditions of Approval aA in the attached Staff Report for the hearing date of May 23, 200b incorporated by reference. The conditions are cwncluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and t?rder Pursuant to the City Council's authority as provided in Meridian City Code § 1 l -SA and based upon the above and foregoing Findings of Fact which are herein adapted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped January 2A, 20QG by The Land Croup, inn is Hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City CouncO hearing. a. RegniriAg a Development Agreement 1n which the applicant agrees: 1. Temporary construction fencing will be installed around the periuneter of the subdh-Islon; 2. That the preferred construction trafit'ic entrance to the development shall be Victory Raad and not Mesa Way; and, 3. fio provide off-site improvements adjacent to the Binford property to mitigate light Intrusion from csr headlights. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice .of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to 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 CITY OF MERIDIAN FINDINtIS OR FACT, CONCWSIONS OF LAw AND DECISION ~ ORDER CASE NO(S). AZ,.06-014 / pP-06.012 -PAGE 2 of4 ~ ~ 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 exc~d eighteen (18) months. Additional tithe 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 prat or short plat to comgly with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entities 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 wiU toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an aflFect~ person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may withintwenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May Z3, 2006 CITY OF MERIDIAN FDNDITVGS OF FACT, CONCLUSIONS OF LAW AND DEC1SiON & ORDER CASE NO(Sj. AZ-0014 J PP-06-012 -PAGE 3 of 4 n I~ ~~ By action of the City Caunal at its regular meeting held on the ~ day of . _ A , 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CI3ARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~, BERG, JR!; •~;~•q ~~ VOTED_~~~ VOTED_~~ ~-~ voTED ~~~ VOTED f7o~~~ VOTED l~-~ WEERD ~3A~.+ _ ,~ ,,- is~• ~~~ ~, ~, Copy served upon: / Applicant ~~'""~~~~~ °++"++``' /" .,,.Planning Department Public Wotlss Department _~ City Attorney By:~~1,h~!(Yl. y1 0 9 lIJ Dated• ~.D- $ - ~~ City Clerk's Office CITY OF MERIDIAN FINDIN~3 OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-014 / PP-flb-0l2 - PAOE 4 of4 CITY OF MERIDUIN PLANN[NG AF.PARTib[BiVT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 200G STAFF >E>;RPORT Hearing Date: 5/23/2006 TO: Mayor & City Council FRONT: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: CabeUa Creek Subdivision AZ-06-014 rnr•~t ~+~, , ._,, ` a ~~~ w~ ~ Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low Density Residential). PF-06-012 Preliminary Plat apgmval of 47 9iagle family residential building lots and 1 t common lots on 18.84 acres in a proposed R-0 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located on the aortb side of Victory Road and on the east side of Mesa Way, approximately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and assoaated outbuildings oa this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is coaunonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service Planning Area. Z. SCJh~IIVIARY RECONIIV~NDATION The subject app&cations (AZ and PP) were submitted to the Planning Department for concturent review. Below, staff has provided a detailed analysis and recommended conditions of approval far the requested Annexation and Zoning and Prelitrsinary Plat applications. Staff is wrtn the con~ons listen in h"bit B Qf the StaffRe~rt The Meridian Planning and Zoning Commission heard the item on Apri! 6, 2006. At the~ublic heating they moved to recommend approval. ~iOTE• At the public 6earlnQ on A9 i 6 the aandcant inaulred aboat Condition Ca~Ile Creek Subdivision AZ•Q6.014LPP-06.012 PAGE ! a. Sumoasry of Public Hearing: i. In favor. Eric Cronin (Applicant's Representative), Aaron McGee (Applicant) ii. Trt opposition: Aneke Buford, Matt Binford iii. Cornmeattirrg; None .. • • CITY OF MERIDIAN PLAl`MlNO DEPARTMENT STAFF REPOKT FOR THE HEARMG DATE t)F MAY Z3, 20Db iv. Staffpresenting application: C. Caleb Hood v. Other stafi'commenting on application: Mike Cole, Bill Nary b. Key Issues of Di~scussPon by Commisslon: i. The location of Novara Way and the impact to the existinghome - headlights in their windows and mitigating that impact; and, ii. The design and fiutction of the storm drain/amenity ponds. c. Key Commission Chances to StaffRecommendadon: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has vohinteered to assist the neighlmr across Mesa Way from the first entry road (Novara Way) to this development by widening the "Ll" of their driveway and providing some bernring and landscaping in between the enlarged driveway area. See Section 10 below. d. Outstaading Issues) for City Coundl: i. None. 3. PROPOSED MO'TJ<ON (to be considered after the public hearing) Approval A$er considering all staff, applicant and public testimony, I move to approve File Numtsers AZ- 06-014and PP-06-012 as presented in staff report for the hearing date of May 23, 2006 with the following modifications: (Add nay proposed modifiations.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-014 and PP-O6-012 as presented in the staff report for the hearing date of May 23, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Cotttinuaurce I move to contirwe File Numbers AZ.-06-014 and PP US-012 to the hearing date of (insert continued heazing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND YAOPERTY FACTS a. Site Address2ocatioa 2955 S. Mena Way, 3086 S. Mesa Way, 1252 E. Victory Road; nortE- aide of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1S19 b. Owner: Martin Artis 9292 W. Pandion CocYrt Boise, Idaho 837x4 c. Applicant: ATM Development, LLC 660 E. Fcanlciin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with aMulti-Use Cabello Creels Subdivision AZ-06.OI4/PP-Db-012 PAGE 2 CITY OF MER1DiAN PLANNINQ DEPARTM~IT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Pathway g. Description of Applicant's Request; The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots arui I 1 common lots. All of the homes within the development are proposed to be simgle-family detached. All of thg proposed tots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 14,341 square feet. The gross density of the pmject is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for vp~ space. T'he applicant is proposing to construct a multi-use pathway on the south side of the Ten Mile Greek 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/1/06 h. Applic~mt's Statement/Justificatian: In an effort to address City Council, City Planning Staff and the public testiunony represented at council and neighborhood meetings, the preliminary plat is presented to you. Place take notice that a 20-foot wide landscape buffer has been incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to Mesa, Way that rnitror the tot size requirements found in an R 2 zoning designation. We feel that these iteixts, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5-acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) S. PROCESS FACTS a. The subject application will in fact constitute an annexation as deternuned by City ~tdinance. sy reason of the provisions of the Meridian City Code Title 1 I Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By ransom of the provisions of the Meridian City Code Title 11 Chapter S, a public hearing is required before the City Counc4 on this matter. a Newspaper notifications published on: March 20`~ and Apri13'~, 2006 (for Planning & Zoning Commission hearing) and Apri124s' and May 8°1, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15'x, 2006 (for Plamning & Zoning Commission hearing) and April 21", 2006 (for City Council haring) e. Applicant posted notice on site by: March 2716, 2006 (for Punning 8c Zoning Commission hearing) and May 6i°, 2006 (for City Caumcil hearing) 6. LAND USE a• Existing Land Use(s): There are three singluf~mily home and some associated outbuildings on this site. Two of the existing homes are to remain, while the northern most home will be removed from the site. b. Description of Character of Surrounding Area: This area contains four five-acre tots in Kachina Estates Subdivision. These are the first of the iota in Kachina Estates to re-develop in the City. There are existing R-4 and R-8 subdivisions to the north anti loath. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4 Cabello•Creelc Subdivision AZ-08.0t4/PP-~12 PAGE 3 • • CITY OF MF.RIDtAN PLiWiViiVG DBnARTMEi+Yi' STAFF REPORT FOR THE EIEARiNG DATE OF MAV 23, 2006 2. East: 5-acre single-fantily lots within Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Single-family lots within Tuscany Village Subdivision, zoned R.8; and Grange Hall, zoned Ri {Ada County) 4. West: S-acre single-family lots withia Kachine Estates Subdivision, zoned RUT {Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexatioq AZ-0S-048}. That application was denied by the City Council, primarily because the request for anaeacation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: 1. Public Worlo3: Location of sewer There is currently sewer in E. Victory Road at the Ascaino Way entrance. Laaation of water. VS/ater is readily available in 1? Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within 1 to 3 feet from the surface. The need for an off--peak pumping station far sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek floodway bisecnss the snbject site. A portion of this site is withia the FEiVIA 100-year floodplaln Zone AE. A majority of this site is in the Zone X. 4. Canals/Ditches Irrigation: As Hated above the Teat Mile Credo bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway} should be tiled when this property develops. S. Hazards: Except for a portion of the site being within the Tea Miie Creek floodway and Aoodpbuq no hazards have been id~ttified on this site. 6. Proposed Zoning: R-4 (MediurYtlow-Density Residential) 7. Size ofProperty: 20.16 acres f. Subdivision Plat Ittformatiott: 1. Residential Lots; 47 2. Non residential Lots: 0 3. Total Building Lots: 4? 4. Common Lots: 1 t 4. Other Lots: 0 6. Total Lots: 58 CabeUa Creek Subdivision AZ-0tr014/PP-06-012 PAQE 4 • • CI'I'1C OF MER[DIATV PLANNIIVO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2008 7. Gross Density: 2.49 units per acre (net density is 3.07 d.uJacre) ~ Landscaping 1. Width of street buffer(s): Per UDC (Table 1 l 2A-4) a ZO-foot wide landscape buffer is rewired adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not required an any of the internal, local streets. 2. Width of buffer(s) between land uses: N!A 3. Percentage of site as open space: 4.17 acresf22'/o 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Commoa open space lots should include at least one deciduous shade tree per 8,000 square feet (LTDC 11-3G-3E2}, See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips betgreen the sidewalks and cwbs, multi- usepathway, and amenity ponds. i. Off-Street Parking: UDC 11-3C-6 requires single-family detaches dwellings to have 2 enclosed pares ~~ (a garage) and a 20' x 20' parking pad in front of each garage. Proposed and Required Residential Standards: Setbacks (iu feet) Proposed Required Front Living Area (to sidewalk} 15 15 Side Accessed Garage (to eidewallc) l S 15 Front Accessed Garage (to sidewalk) 20 ZO Side 5 5 Rear 15 1S Frontage 60 60 Lot Size $,000 8,000 k. Proposed and Required Non-Residerrtial: N/A I. Surrtmary of Proposed Streetsand/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing acxess and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is proposed in alignment with Ascaigo Avenue an the south side of Victory Road. Two new public errant connections to Mesa'4Vay, an existing local street, are also proposed. All of the internal street are local stt~eets with 33-feet wide street sections (measured back of curb to back of curb) and contain sidewalks that ace detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACM's conditions, please see the ACFID report and Exhibit B. 7. COMMENTS MEETYNG On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agmtcies and departments present include: Meridian Fire Department, Meridian Cabella Creek Subdivision AZ-Q6-0I4/PP-06-012 PAGE 5 ~J ~J CITY OR MERIDIAN PLAMViNG DErPARTMF,NT STAFF REPORT FOR THE tIEAR(Np DATE OF MAY 23, 200b 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. COMPRE8EI~TSIVE PLAN POLICIES AND GOALS This property is designated "I.ow Density Residential" on the Comprehensive Plan Flrture Land Z3se Map. Low density residential areas are anticipated to contain up to three dwellings per acre (sea Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single' family tots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff Ends that the overall density is within the range of a low density project. Staff finds the following Comprehensive Play policies to be applicable to this property and apply to the proposed development (staffanalysis in italics blow policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City oJMeridian 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 Kura! Fire District. Once annexed the lands will be under the jurisdiction of the Merldtan City Fire Department who currently shares resoau~e and personnel with the Meridian Rural Fire Department • The subject lands currently lie within the jurisdiction of the Ada County Sfierj}~"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 Kghway District (AC~FID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will nor change. • The subject lands are currently serviced by the Meridian Library District This service will Trot change and the Meridian Library District should su,8'er no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian 8ui/ding Departmenti the Meridian Public Works Deparamen~ the Meridian mater Depar7ment, the Meridian IPastervater Deparment, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal It, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Canter for Bicycling and Walking in all land-use decisions. This publicaA'on encourages jurisdictions to establish bikeway ar~d walkway facilities to new construction and reconstruction projects, in a manner that is safe, accessible and convenient Sta,~''belleves that the subject applications comply with the policies listed in the literature noted above. Cabello Creck Subdivision AZ-0b-0t4/PP-06-012 PAGE 5 CITY GF MERIDIAN PLAIViYtNQ DEPARTMENT STAFF REPORT FtTR THE HEARtNO DATE OF MAY lf, 20Qb Chapter VY, Goal II, Objective A, Actiott 6 -Require stteex connections between subdivisions at regular intervals to enhance eonttectivity and better trai~ic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north, In addition, two stub streets are being proposed to the eastern S-acre parcels that stafjanticipates will re-develop in the near futttr~ Sta„~"believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east. Chapter VI, Goal II, Objective A, Action i 3 -Review ttew development for appropriate opportutitiea to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permatteat perilmeter fencing to contain constnictiott debris on site and prevent windblown debris from entering adjacent agaeultural and other properties. The applicant is proposing to construct a d-foot tall closed fence along Zrctory Road and portions of the west and east property lines Prior to house construction, fencing should be constructed around the perimeter of this slt~ See ilnalysis below acrd Exhibit B for more irlformatiom Chapter Vl, Goal II, Objective A, Action 5 - Require pedestrian acr.~ connec#ors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to constructdetached s/dewrtlks adjacent to all of the proposed streets, whtch connect to adjacent properutes and Mesa Way. The applicant is also proposing to construct a 10~foot wide mudtt-use pathway on the south side of tfie Ten ale CreeJk This pathway will connect wieh adjacent pedestrian connections to the northwest and to the extstlrg pathway in Tuscany to the south. SIaJJ''is supportive of the proposed pedestrian connections. Chapter VII, Goal N, Obj eetive C, Action 6 -Require pedestrian access itt all new development ro link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal N, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The existing access to Victory Road a collector sd~eel: should be removed, The new pub/sc street connection to Victory Road, has been reviewed and approved by ACRD, City Std'' is also supportive ojthe location of As~lno Way; ao addltiorral access points to ~clory Road should be allowed. Chapter V1I, Goal N, 06jective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Capella Creels Subdivision AZ-olG~014/PP-Q6-O12 PAGE 7 l__J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Stag' finds that the existing single family residential properties to the north, south, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screenintg or transitional densities wiW larger, more oomparable lot sizes to buffer the interface between urban level densities and rural residential densities. Sta~''recognizes that there are some existing law density residential land uses to tfie east and west. Sta,~'finds that the proposed lot sizes provide a good transition between !fie larger lots to the east and west and the proposed lots within this development. Sta„Q''recommends that the Commission and Council rely on any written or verbal testimony provided jinni neighbors when dedermining the most appropriate zoning designation for this property. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and !sigh-density single family, multi-family, townhouses, duplexes, apartments, condaminiusns, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application Includes a request for the R 4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Yl[lage obtained an R-8 zone. Stag' finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Stgfy' believes that the proposed density (2.49 du.'s/acre) and zoning (R-4) for this property is appropriate. StgjJ'recommends that the Commission and Cauncll rely on any verbal or written testimony that may be provided at the public hearing when determining ~f the applicant's zoning acrd development request is appropriate for this property. 9. [11~T1F1ED DEVELOPMENT CODE a. Schedale of Uses: Unif ed Development Code (IJDC)11 2-1 lists single-fanuly detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone; R-4 Medium: Density Residentiak The puipase of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Cannedion to the City of Meridian water and sewer systems is a n9quirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply wills the standard lot size and street frontage requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Fads Leading to Staff Recommendation: Cebella Creels Subdivision AZ-06~014/PP-06-0IZ PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMBNTSTAFF REPOttTFOR THE HEAR[NQ DATE OF MAY 23, 200b I. AZ Application: Based an the policies and goals contained in the Comprehensive Plan, sta$ believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation Legal description submitted with the application (stamped on February 15, 2006 by Hugh W. Edwards, PIrS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC iI-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to eater into a Development Agreement (DA) with the City that may require some written committttent far ali future uses. Staff believes that a DA is nec rv to ensure that this property is develo in a fashion ~~at is consistent with the comprehensive glen designation and does not -gegatively icnp nearby properties. prior to the annexation oxdinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner {at the time of annexation ordinance adoption), and the developer. a applicant shall c.~nlact the City Attorney B'l~1 Nary a~ 888-4433 to i~pitiate this g;gcess The DA shall incorporate the following: That all fiutue 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 tt'affic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance wish City of Meridian ordinances is effect at the time of development. • That the applicant. will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed fmm their domestic service, per City Ordinance Section 5-7-51?, when senric~ are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape Irrigation. • That the following shall be the only allowed uses on dais property: single-fnnrily detached homes and allowed accessory uses of the R-4 zone. • That a ruaximum of 47 single-family building lots will be platted on this PreP~Y• • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the applicant will construct a minimum 10-foot wide multi-use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. • That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. Cabella Creek Subdlvlsi~n A~t~6.014tPP-06-012 PAGE 9 CITY OF MERIDIAN P[..AMVtNQ DFPARTMi:N'Y' STAFF REPORT FOR THE Hl'sARING DATfi 4F MAY 23, 2406 That one public street access, and no driveways, wil! be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the intemai streets within the plat are constructed and approved by dte Transportation Authority (ACID). At such time, direct lot access to Victory Road shall be prohibited. 2. 1?P Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Cansiderations: l_2iaht-of-wav and Street Buff ~ ACHD is requi~tigg the applicant to dedicate 3S-feet of t7ghtt of-way (measured from tf-e centertitte of the street) abutting Victory Road. In accordance whit UDC Table 11 2A-4 and UDC 11-38-7 construct a 2t1-foot wide landscape buffer along Victory Road, as proposed. t va .:The applicant is proposing to construct a 18--foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway wr71 tie in with the pathway to the south in and through the Tuscany Development. UDC 11-3B-12C requites a S-foot wide landscape strip adjacent to multi-use pathways with. at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Parkes, evs: The applicant is proposing to construct detached sidewalks with 6-foot wide parkway strips between the curb and sidewalk. UDC l t-3A-17 requires parkways to be at least $-feet wide and planted with Class II trees. however, the planter width may be reduced to 6' if there are root barriers installed on the trees. Tkre atplicant shoes, ei construct 8 fool w,~g~wa~y or 6 foot wide carkwavs with,Ig„ot barriers around alt trees wit1+~n lie a_+~>~+av >;~a4Siscaain~ .The landscape plan prepared by The Land Group, 7uc,, oa 3-1-8b, labeled Sheet L1.0, Ll .1 and L1.2 is approved with the following tnodificationslnotes: Cabet{a C+eeir Subdivision AZ-tai-0141PP-06.012 PAGE l0 That the applicant asrees to i eta t to ra construction fendng ~coand the perimeter of the sabdivisioa • CITY OF MERIDIAN PLANNINti DEPARTMENT SfAl:F REPORT FOR THE HEARING GATE OP MAY 23, 2Q06 • Construct a 20-foot wide street buffer along Victory Road, exclusive of ACID right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Per UDC 11 3A-17E, construct 8-foot wide parkways, 4R b-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. • Per UDC 11 3G-3A, set aside 22% (4 acres) of the site for useable open space and provide a 10-foot wide multi-use asphalt pathway within common Lot 1, Block 2, and common Lot 4, Block 3, as proposed, • Maintain at least a 5-foot wide landscapc strip on both sides of the proposed multi use pathway on Lot I, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 flee per ever 35 linear feet. • Per UDC 11.3G 3E1, at least one deciduous shade tree per every 8,080 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Iiu~ on designing, adopting, and implementing a protection and mitigation plan for the existing tree on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed is UDC I1 3B-14. Submit copies of a revised landscape plan, reflecting the changeslnotes mentioned above, with the final plat application(s). Access: Access to this site is currently provided from Victory Raad and Mesa Way. Except for the proposed public street, Ascaiao Way, direct lot acrrss to Victory Road should be prolu'bited; place a note on the final plat. Exietiag ResidenceslBuildin~ The site currently contains multiple buildings. Beoanse the existing structure on the north part of the development spans across proposed lot lines, this building shah be removed or relocated, prior to signature of the fmsl plat by the City Engineer. Fenc tr' The applicant is proposing to construct 6 foot solid fencing along portions of the south, east and west property lines. A detailed fencing plea should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary constriction fencing to contain debris must be installed around the perimeter, Perimeter, common open space, and micro-path /multi- use fencing shall be designed according to UDC 1 l 3A-7. Common A__--_reas: Maintenance of aU common areas shall be the responsibility of the Cabella Creek Home Owners' Association. flitches, Laterals. and Cana .: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as amenities, that iateasect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurizeat irrigation systems CebeUa Creek Subdivision AZ-06-014/PP-0/rOl2 PAGE l 1 • CJTY OF MBRCDIAN PLANNtNO Df:PARTMEN't' STAFF REPORT PpR THE HEARiATG DATE OF MAY 23, 2006 be supplied by a year-round source of water. The applicant should be required to use any existing surface or weft water far the primary source. If a surface or well source is not available, a single point connection to the culinary water system shalt 6e 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 5na1 plat by the City Engineer. An underground, pressurized irrigation system should bo installed to ail landscape areas per the approved specifications and in accordance with UDC 11 3A- lSand MCC 9-1 28. b. Staff Recommendation: Staff recor~ 014 and PP-06-012 ~ the r_nnAi*isng date of Aori16 2006 I1. EX$iBIT$ A. Drawings 1. Preliminary Plat (dated: 1 24-0~ 2. Landscape Plan (dated: 3-1-06) 8. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department ' 5. Park4 Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D, R~uired Findings from Unified Devetoptnent Cede Cabella Ctreek Subdivision AZ.06-OlMPP-06-012 PAGE 12 LJ • CITY OP MERtD1AN PLANNMa DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 IPOOA CORY A. Drawings 1. Preliminary PIat ~tlat~: 124-Ob7 Exhibit A -Page 1 • CITY OF MERIDIAN P{,ANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2005 Landscape Plan (dated 3-1-06) ae~ ede~ep~ ~ °~twi~d N~~O ~~~ ~~ ~., 0~. ~~ Q a ~ _~. ~ ~ `~I m~I~kMO 1 ''`II"~'r~"I '~"'~ ~lll~ 11111111 Il~llill :;!' ,-. ~ E ~ frj ~ ~ ~~ Unr I~}11 {. IiI i JIl i ~4;. a ,t J. I 11 ~: ~-I ~ilih~mitl lgiY ~, ~ ~ ~ ~ ~ -, a n~ ,': ~i ~~: _ ~~-:~:; ++;~i1;;.~1 i, ~~I ~ I _~ ~ tl i ' ~h! Ali. ~! (:f li~ t~f ,':.I r f :~~~:~ )I I ~' ) ~~ ~ j~~ -}; I{ ~ ~ ~ , ~~'.I ~~~Ef3 .,, -;cl!~ ~I~..t; I! ~~. ,rl~,.~i fi'~~~,ii~~.. ,I~l i!7n,ny141p~ ii 1 u u~ piuul y ,S lin ai. NnrnUtu - tJ~i un 'twm ~ >~i,i~ ~a~o .~~ a o ~o ° F ~ t t q w P40R COPY lfN NN I IIIIfI p~/ ~~ meo eO ~ °~md e o , ~. .m Exhibit A -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE tIEARING DATE OF MAY 23, 2006 POOR COF~Y t 3 1 i usb edits ~ 3gld ~i+eulwll~d ~ 1 S a ~~a~ V1'Heri~ ~~ ~ ~ ,_:.._. ~ . t ! :u;,J=~ I,~f ; ~ ~ .. ~.. [ r "j ! u ~ e] i oa ~ lei .' /.- ... ~ w5 ~d ! t~ ,~ ' a'a' ~ 13+•~ 1. ~ 1 ~ '% - ~~ .; ~~ r / ~~ i e : ~ ~ `, ~ f ` ';v Exhbit A -Page 3 ..~- . OF MAY ~-~ ~ FoR~~' ~~,~aa DATA QOpR CppY Ii~40EPART~~T~~F ~p0 ~ l t ~ E I{yC11AN ls4A~ ~~ ~~~~~~~~ ~~ ~ I CITY OF M~ ~..:... _~.NUns~d ~ ~ ~ ~. used 't) :' 't ,~ibit A_Ps~e • CITY OF MERIDUIN PI.ANNINI~ DEPARTMENT STAFF REPORT FOR Tt1E HEARRVQ DATE OF JANUARY t4, 2t10G B. Conditions of Approval 1. Planning Departmetit I.1 S1TE SPECIFIC REQUYREMENTS--PRELiMIl~TgRY PLAT {PP-0b-012) 1..1.1 The preliminary plat labeled as P1.0, prepared by The band t3roup, Inc., dated taauary 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accomparryiag Annexation and Zoning (AZ-06-014) application shall also be considered conditions of the Preliminary PIat (P'P-06-0] 2). 1.1.2 The landscape plan prepared by The Land Grot(p, Inc., on 3-1-06, labeled Sheet L1.0, Ll..i and L1.2 is approved with the following asodifications/notes: • Construct a 20-foot wide street buffer along Victory Road, exclusive of ACI;ID right-of-way. Said buffer shall be constructed in accordance with UDC 11.3B-7. ~ Per UDC l l -3A-1'7E, construct 8-foot wide parkways, OR 6-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. • Per UDC 11-3C~-3A, set aside „0er~j 13% t2.S acresl of the site for useable open space and provide a 10-foot wide nsaulti-use asphalt pathway within common Lat 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5-foot wide landscape strip on both sideas of the proposed multi-use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 Linear feet. • Per UDC 11.3G-3E1, at least one deciduous shade tree per every $,000 square feet of common open space shall be planted,.and aonstnoa areas shall be improved with lawn, either seed or sod. • Per UDC 11-38-10, the applicant shall work with the City Arborist, 8lroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualifed nurseryman responsible for the landscape plan. All standards of installation shall 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 witG the prelimitsary plan with modifications as proposed by star The pmceediag madifications and notes shatsld be shown on a revised landscape plea submitted with the final plat application(s). 1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1.1.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. Al[ buildings that span aoross proposed lot lines, or do not conform to We dimensional standards of the iJDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary canstxuction fencing to contain debris must be installed around the perituetet: Periateter, common opens space, and micro path fencing shall be designed according to UDC 11 3A•7. Exhibit B-Page 1 ~J CITY OF MERIOlAN PLANNMG DEPARTMEKI' STAFF REPORT FOR'rHE HEARENG dA'rE OF JANUARY l9, 2006 1.1.6 Maintenance of a!1 common areas shall be the responsibility of the Cabella Creek Home Owners' Association. I.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creels, and waterways being used as amenities, that intersect, cross or lie within tine 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:appmval 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. 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-012) 1.2.1 A detailed landscape plan, in compliance wiW the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat appiication(s}. i.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. AlI 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 notrvegetated surface materials shall not be used in open space lots. except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff bas 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 incarporated into the approved open space and still meet the standards of-UDC 11~3A 18, then the applicant shall relocate the facility. This tray require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACFID, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staffs failure to oils specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Worlts Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains In Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. • The applicant shall be responsible to install a temporary off~eak pumping station in a location designated by the Public Works Department. The station design and catpacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent Exhibit B - Pege 2 • C(7Y OF MER1DLaN Pf.ANNMQ DEPARTMCsN9' STAFF REPORT FOR 7FiFs HEARING DATE OFIANUARY r9, 2ppb sources, then this condition may be rescinded by the City Engineer. ~ Install a temporary lift station that discharges to the sewer mains located in Locust Qrove Road. 'Fhe design shall be coordinated with the Public Works. Z.2 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard foams 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. 2.3 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execttGe standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through"policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The prelinvnery plat shows a portion of Lots 26, 27, end 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensuro all buildable late are out of the AE floodplain. Or, file for a LOMAR with FEMA to runrove the floodplain, Or, add a cote on the final plat referencing the floodplain map aced those Lots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed is the landscape islands. If water or sewer mains are to be routed under the landscape islands then ao trees shat! be allowed in them. 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow ae MTT's letter indicates a grading and drainage plan will be required, the details of which will be decided at final plat submittal and be required prior W construction plan approval. 2.8 The applicant has not indicated who will awn and operate the presstu~e irrigation system in this proposed development. Yf it is to be maintained as a private system, plans and specifications wil! be reviewed by the Public Works Department es part of the construction plan review. A "draft copy" of the operations and maintenance manual will be requited prior to plan approval with the "final draft" being required prior to final plat signature oa the [ast phase of this project. If it is to be owned and maintained by an Irrigation District theut a letter of plan approval shall be submitted prior to scheduling of a pr+e-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (13DC 11-3A-~. The appltcant should be required to use any existing surface or well water for the primary source. If a surface or wail source is not available, asing~e-point connection to the culinary water system shall be required. !f a single-point connection is utilized, the developer will be cesponslble for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Z.10 The applicant shall be responsible forthe payment of assessments and the actual physical hook- up to the houses that are gowg to be retained on site to municipal services. 2.11 All existing structures that do not meet setbacks shall be removed prior to signature on the fine 1 plat by the City Engineer. 2. I2 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary ad1ustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B -Page 2 CITY OF MERIDIAN PI.ANNMG DEPAR7MEMr STAFF REPORT FOR THB HEARING OATS OFlANUARY 19, 20pb 2.13 Additional width to the public utilities, drainage and irrigation easement alongtheright-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 IO feet of "free and clear" easement past the sidewallc. 2.14 Any existing domestic wells and/or septic systerrls within this project shall be removed from domestic service per City Ordinance Section 9-111 and 9-4-$. Wells may be used for non- domesticpurposes such as landscape irrigation. 2.15 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 irrigatioA/drainage district, or torero! 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. Ib Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, mad 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. l 7 A tatter of coedit or cash surety in the amount of 210% wilt be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, eta, prior to signature an the final plat. 2.18 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. t 9 Applicant shall be rewired to pay Public Works development plan review, and construction iasp~tion fees, as determined during the plan review pmcesa, prior to signaturc on the final plat per Resolution 02-374. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply wiW the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and eompliaace with and NPDfiS Permitting that may be reguire~l by the Environmental Protection Agenoy. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for aU building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 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. 2.26 One hundred watt, high Pressure sodium streetlights shat! be tegnired at locations designated by the Public Works Department. AU streetligbts 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 F.xhibir 13 - Pie 2 CITY OF M${tID1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKiblO DATE OF JAiVUARY i9, 2Q08 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of S00 feel apart. lntet'national Fire Code Apgendvc C. 3.2 Acceptance of the wale 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 Firer Department. a. Fire Hydrants shall have the 4 %:" outlet face the main street or packing 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 Pubkic Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall riot have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be piece 18" above finish glade. g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 309.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buklduags within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 1.50 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 .411 entrance atbd internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 3.b Requirements for dead-end~~oakatus,gccess roads that are betwee~,500'-?SO' fn length. The roadways shall be built to Ade County Highway Standards cross section requirements and shall have a clan driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval requiral over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed kvad of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Isne". 3.8 insure that aR yet undeveloped parcels are maintairisd free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 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. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than SO homes. The two entrances should be separated by no less than ~4 the diagonal measurement of the full development. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards kaoss section requirements and shall have a clear driving surface, evadable at all times, which is 20' wide. Streets with less than a 29' street width shall have na parking. Sheets with less than 33' shall have parking only on one Exhibit B -Page 2 C~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTHE HEARING DATE OF JANUARY 19.2006 side. 'Chase measurements shall be bassi on the back of curb dimension. The roadway-shall be able to accommodate an imposed load of 75,000 QVW. 3.14 The fore department requests that any future sigaslization 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. 3.15 Provide exterior egress lighting as required by the Intemationai Building & Fire Codes. 4. Police Department 4.1 Any interior fencing next to common opea space shall allow visibility from the street or shall not exceed four feet in height if solid fearing is used. 4.2 ~Lp ' e a driveable su~cg to each of the common amenity pond areas. Coordinate the design of these areas with the Meridian Police Department, Lt. Hob Stawe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5..3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 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 mainteaance of any secthoa of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District S~ Sneci~ Conditions o~Approvgj 7.1.1 Construct East Victory Road as one half of a 46 foot street section with vertical crab, fitter and S-foot detached (or 7-foot attached) coacr+ete sidewalk within 35-feet ofright-of--way with parking prohibited on both sides. 7.1.2 Dedicate 35-feet ofright-of--way from centerliae of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaiao Way, where it irltetsects East Victory Road, with South Ascaino Avenue located apptoxiraately 177-feet west of the southeast property line. Exhibit 8 - Pam 2 • CITY OF Mt:RtD1AN PLANNINtt DBPARTMEM STAFF RBFORT FOR'FHl: HF.ARtNO DATE OF JANUARY 19, 200b 7.1.4 Provide AC1iD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36-foot street section with curb, gutter and sidewalk within 25 feet ofright-of--way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34foot street sections within 50-feet of Right-0f-Way, as proposed, complete with curb, gutter, planter boxes and 5-foot detached sidewalk 7.1.7 Construct the three islands, one turnaround sad a knuckle as proposed. 7.1.8 Construct the three stub streets a5 proposed: o Constnrct a stub street to the north, South Ascaino Way, located approximately 560-feet east of the north property line (m~sured property line to centerline). 'this stub street shall align with East bake Creek Drive and connect to Salmon Rapids Subdivision #S to the north of this site. o Construct a stub street to the east, East Loggers Pass Street, located approximately 125- feetsouth of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagetnoor Street, locstted approximately S00-feet south of the north property lice (measured property line to centerline). 7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. Standar} Gonditiorts~f'Anarova! 7.2.1 Any existing irrigation facilities shall be relocated outside of the right~f--way. 7.2.2 Private sewer or water systems are prohibited ltottt being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving attest 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 constructiott of the proposed development. Contact Constriction Services at 387-6280 {with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interitu 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 38'7-6258 (with file numbers) for details. 7.2.7 All design and wnstniction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aU Exhibit B - Pate 2 ~~ CITY OF MBRiDIAN PI.ANNlNG DEPARTMENT STAFF REPORT F'OR THE HPa-R[NO DATE OF IANUARY ! 9, 20Db applicable ACIID Ordinances unless specifically waived herein. Aa engineer registered in the State of Idaho shall prepare and certify all ia3provement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other requited permits), which incorporates any rewired design changes. 7.2.4 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 cbanstruction in accordance with Ordinance #200, also 1Qtown as Ada County Highway District Road Impact Fee Ordinance. 7.2.I i It is the responsibility of the applicsrnt to verify all existing utilities within the right-of-way. The applicant at ao cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right~f--way. The applicant shall contact ACID Traffic Operations 387.6190 in the event any ACIID conduits (spare or filled) are compromised during any phase of construction. ?.2.12 No change io. 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 shalt be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Aay 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, regulatior~a, ordinances, pleas, 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. ~l,iblt B-p~z • CITY GF MERIDIAN PLANNING DEPARTM ENT STAFF REPORT FOR THE HEsARiNO DATE OF JANUARY 19, 20D6 C. Legal Description ~ ~"•~ ;~ _..~~ rMC w~ND Qaout4 I1VC l+s6ntuy14,2006 1'co~ectNa,270p I.c~1 nt~ptiort C:al-al{a Crccli Sobdivisioa Art~xacas d'cReaone Ara :4.l6 Atxes ~+RS~L~"~ 1° A hate of land [o: snnesatioa and resoaa purpotoa, baiog Lops 3.4, 5 sari 6,131ock t, F:achina Estaas (s t+eootdcd subdivition oa 6fe in Book 3S of Plats, at Y+nges 3416 sari 3417, records of Ada'Caurtp, Idabu), sod a paRion of the 94utt:mst Ona Qttatrec of Setalon 19, '1 iVOnnaldkf S Nosds, Raa$e 1 Bast, Bosse Metldam. Ads Cowry, Idaho, dessa'btd es follows: c :umsgendaget 9I8•imb at+tei pia oaoattmentiag the So~heasr Comet of sau{ 5eetioa to en tl~t ct6ataliiin of S Victory Bond, theses fopoming the sastehatly Tina of said Soedon 19 aw! esid caatadiae,South 84°42'13" Cfcsr.a dteraase ofG26.t8 leef oo tlfe PUU1M' QF IiSCiNNi,~TG; Thatee,,foDo4vlagehe soulhrsly [iae of said 5eedam 19 sari said cratotliae, Sourh•84°4~13" War a distance of 945.?A fs~ w a point on tba cestusline of Mean Way;;' • 1 b4gct lesvio$ paid saathatly lint attd said tentedine, and foUosviog the aatetJiae of said brass Way. NOSth 04°!7'47° Went a dittatton of 664.SI4 feet eo a poiay 'lLeoce 93.42 tma folloa4ag dto ata of n cit4vlai cuv<wc to tltt right; s~ ct~vc lwving a teatiYtid of 135.38 feet, a neutral "angle of 34°44'01", a tltotd basting of Narth 19°343,",$pat sad achatd dismace oF9Z05 fact to a point, 1?tetsese i+loztEc39°27'14" Eaat a distantaa of 261.17 tat to a point 'IbeticR 57.E feet fo]IvwltJg Hta ore of a dmdar tutus to d:ekft, said save bavtag a xadiiid:of 73.00 feat, a eeateat aa~1a of 44°13'14', a eha:d bearing of i~iottL;7°Zd'39" East sent! a eht>md dlsmaa eat 56.415 feat m a point on the aoctltrdy lino o~`ttdid.Lot b e:taaded aKate~nly to ralil eeatetlios: .>a~8 ssid caaKrliae sad foUowiug the tto:<4ady fate ofaaid Lot ti South: 84aZ4'07" Past a dismnoa of 622.03 test tp a point taotastarntiaR the Nos~eatitCosrsee of said Lot 6: 71tm`Fc !wviag add aosttsady liaa sad fallo4olog tha easoady tiaa of raid Lot 4, So~li`00°a0'34" Bost a distance of 305.73 feet to a l/Z-steel pia ia~ant~taaeog the SoutJsaietCames ofsafd LAt6•, T6taee lead said csatet2y line and fopaaiog the ooethaly &ac of said Lae 3, tt: 1, crc~r, •truFlpi~St .!tKWl.:~Y.a •feM?J'.fil•~•~Qt;•I,.~tl+I~fTnIP~7tr;slip(ra.nth•4s~Caeaapvtte++r•Sa~.•~.q- .v.: L• S&art~ I Irj~Ctt, bil.lt"gb, tdalulilGlo • !~ Mir3J39.9ir1J J° 21H{.V14.i 143 • p~c~.thaiatUlRlwpL".rom XRI`r~.u~+ •:31~f i•+..1+~••: i t3"lP+: 1S~r~si .IwpJri.la~s N.l:rt.J a Exhibit C -Page 1 C1TY OF MERIDIAN PI.ANNINl3 DEPARTMENT STAFF REPORT' FOR THE HEARMQ DAT'li OF IANUARY 19, 2006 rebtuary 10, 20pG Page 2 of 3 Audi 89°38'37" 8s~t a distmtu of 10G.4G feet to a 1/2-sttel pin rttomctrcenting die Noxiharst Comes of said I~ot 3; 1lteace ieavirrg said ao~tltedy licce acrd Eollonoiog rha oasterly line of said Lot 3, Sotuh 00°23'17" I?.sst a distaaco of G90.-0~2 foal to du POINT pF 1I!-.'C1i1ThillliG. 'Ihr, above-descnbtd tract of lead connins ~O.IG Accrs, iaace or laa, subject co all eaisdng nscmcnw saa:rgl~pa•of-way. Attached 8ereto is F,xhibit "A-2° sad by this te{erence;s made a pats hes~f. 1•'rcnatcd Hy: T>:11a LAND GROt7r, I:xc. •I6~ E. Shore D~dve, Suite !Q~ I:a~ Idghp 83GtG 2{1K.939.44rF7 ~Ofi•939~14~ (FA7C) BY K ~Ql~ FE8 1 T 2008 ~:,' ~' H'K~'~r~` 1:. .:+~ •.t.r..ruvf.:h,eurn.rn:'.•'1:s;~.dat•t:~r~c•~r:rat;ytcwWT;p~nr'rdei•r..,y~l::•(:seuaw.rt~e•bnw•.•~• it•~~E :Icon l1ri~a.5t. Nritit:r~!lr.Gtilw&K.14sP«ini.93~.All4t1'~1tl9)4,.t~i•tS•aar.dmlaadgrcn~piur.r,m• ~chibit C-Pnge 2 • • .. CITY OF INBRiDJAN PtANN(A(Q D&PAltTMBNT STAFF REPORT FdR THE HFAR(Nia DATE aF IANUaitY t9~ 20pb . PooR copy I _ ~ ,~ Exhibit C -Page 3 • ~ .... CITY OP MER{D{AN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19~ 20Qb D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recomtnendationfron the Commission, the Council shall make a full investtgatlon and shall, at the public hearing review the appilcadon. Yn order to great an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is purposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Gauls, Section 8, of the Staff Report. 2. The map amendment complies with the regalattans outlined for the proposed district, specfficaUy the purpose statement; Contzcil finds that future development of this property will comply with the established regulation and purpose statement of the R-4 zone. 3. The map amendment shalt not be materially detrimental to the public health, safety, and welfare; Council $nds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfau~e. Staffrecommends that the Comtnissioa and Council rely on any oral or written testimony that ma3- be providcxl when determining this finding. 4. The map amendment shalt not result in an adverse 9mpact upon the delivery of services by any poL'Ncal subdivision providing public services within the City inclndlt~ bat not limited to, school diste icts; and, Council finds that the proposed zoning ameadaiesit will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. S. The annexation is in the best of Interest of the City (IJIl3C lI-SB-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisiotai in the near vicinity, and transitions well to the existing rural lots in the vicinity. 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. The applicant is proposing to develop tits land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City ticlaits. In accordance with the findings listed above, Council finds thatAnnexation and Zonine oEthis_pronerty to -4 would be in,~he best inters of the Citv if the a»ni~,~gt enters into a l~velopinen~ ,agreement tDAI with the City. 2. PrelImiriary Plat Findings: In consideration of a preliwfnary plat, combined preliminary and final plat, or short plat, the deciaian-making body ehaU make the following findings: 1. The pint Is is conformance with the Comprehensive Plan; Exhibit D -Page 1 ~ ~ • CfrY GF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FGR THE HEARING OA7'E OF JANUARY 19.2QOb Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat Layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in co~ormance 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 cost, Council finds that the subdivision will aot c~equire the expenditure of capital improvement fuads. 4. There is public t3naocial capability of snpporting services for the proposed development; The Commission and Council rely upon comments fiom the public service providers (i.e., police, fire, ACRD, etc.) to deiennine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in fixhibit B for more detail.) S. The development will not be detrimental to the pabllc health, safety or general welfare; and Council is tit aware of any health, ~fety or environmental problems associated with the development of this subdivision, AC)~ID considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preservm slgaificant natural, scenic or historic features. The Ten Mile Creek Is a natural, scenic feature that should be preserved whey tl:;s property dCVelops. Council is unaware of aay other natural, scenic or historic features on this site. Therefore, if the Ten Mile Cr+ee[c is protected and enhanced, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of rriajor importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may dmtroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D-Poge2 • • Avgust 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-Q REQUEST Water Main Easement Agreement No. 1 for Gramercy Subdivision No. 1 (lots 4-5, Block 1) by Tuscany Development: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See Attached Easement Agreement 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 Public WorlQS Dept. Memo ~ ~~~ To: Mayor De Weerd ~ City Council From: Karie Glenn Cif ~3f I1tferidian City Clem ~ffi~ CC: Fife D~ 7/31/2007 Re: Proposed Agenda Items for 8/14/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/14/07 City Council agenda, on the Consent Agenda, for Council's consideration: ~C' 1) Water Main Easement #1 for Gramcery Subd #1 (Lots 4 5 Blk 1) by Tuscany _Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement #1 for Gramcery Subd #1 (Lots 4-5, Bik 1) by Tuscany Development and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement #Z for Gramcery Subd #1 (Lots 4 5 Blk 2) by Tuscany Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement #2 for Gramcery Subd #1 (Lots 4-5, Blk 2) by Tuscany Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 . ADA COUNTY RECORDER J. DAVID NAVARR~ AMOUNT .00 I BOISE IDAHO 08/23/07 04:44 PM DEPUTY Gail Garren III I'IIIIII'IIII'I'lll~ll'IIIII~'I'll RECORDED-REQUEST OF Meridian City i Id711'356~ WATER MAIN EASEMENT THIS INDENTURE, made this ~ day offxL~, 2007 between TSC~a Der r~ a parties of the first part, and hereinafter called the Grantors, and the City of Meridian, da County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described properly: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part oftheright-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN.doc • • 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. Secretary STATE OF IDAHO ) ss County of Ada ) On this c.~ 7 day of `1 ~ ~ 2087 before me, the undersigned, a Notary Public in and for said State, personally appeared ms's ~ r, S C~ and IZ C' ~.: c ~ra.,~ ,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. ®~®®¢8~0~18'`8b®`BBB1~~p~gg®®A Q° ®®® ®®®~20®® m ~'®® ~O'~ARy °®~ ~® ~ a~G $*~ ~~ 1 4 ®0 'pUBL s ,gg ~~' ®°°®®o®s®°°®' ~®~®®® °,.' q1'~, ®P X94+®0® V~`E°?8®88885® NO ARY PUBLIC FOR IDAI Residing at -~ r; ~ ~^ Commission Expires: 30 ~ Water Main Easement EASMT WTR MA1N.doc ~~~ GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ~~~~'~`°t\"a `~u~nuenaac~y~~d,r ~~~~~R~s + f m t s ~~ ~ ~ • .~-1-i On this ~ ~ day of ,,~'~ii` Cx ~~ 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. ®,®a®. ~ ~` ~ fi'u (G„ 1 12,E ~--~ (SEAL) ® °' ® NOTARY PUBLIC FOR IDAHO ® ; e Residing at: `?'L~Z ,~ (, ~jc~ ~° ~k' e °°° % ®: Commission Expires: J ~ - / ~ ~ ® ~;~~~® ~®.~••• Water Main Easement EASMT WTR MAIN.doc ~~tr® • } i~'~Ti +~ i^ 1 THS LAND GROUP, ING. July 19, 2007 Froject'No. 06272 Ezhib~t "A" Legal Description Proposed Gramercy Subdivision No. 1 Lots 4&5, Block 1 City of Meridian Water Easement 4,075 Square Feet A twenty faot wide permanent easement for the purpose of construction, access and maintenance of water facilities situated in a portion of proposed Lots 4&5, Block 1, Gramercy Subdivision No. 1 situated in the West One Half of the North East One Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho described as follows: ~ ~~ Commencing at a brass cap monumenting the Northeast comer of said Section 20, thence following the northerly line of said section, South 89°46'02" West a distance of 2,194.28 feet to a point which bears N89°46'02"E a distance of 462.60 feet from a brass cap monumenting the North 1/4 carnet of said Section 20; Thence leaving sand northerly line, South 00°13'58" East a distance of 45.00 feet to a poin#; Thence South 04°13'58" East a distance of 345.14 feet to a point on the northerly right- of-way line of proposed East Gala Street; Thence following said proposed northerly right-of--way line, South 89°35'56" East a distance of 72.06 feet to the POINT OF BEGINNING. Thence leaving said proposed northerly right-of-way line, North 45°13'59" West a distance of 16.34 feet to a point; Thence North 00°13'57" West a distance of 40.93 feet to a point; Thence North 49°24' 19" West a distance of 10.86 feet to a point; Thence North 00°13'57" West a distance of 91.29 feet to a point; Thence South 89°52' 19" West a distance of 22.38 feet to a point; Thence North 00°00'00" West a distance of 20.00 feet to a point; Thence North 89°49' 19" East a distance of 42,30 feet to a point; Thence South 00°13'57" East a distance of 102.14 feet to a point; Thence South 49°24' 19" East a distance of 10.86 feet to a paint; Thence South 00°13'57" East a distance of 41.80 feet to a paint; Thence South 45°13'59" East a distance of 28.54 feet to a point; r Siva P/r~i:iri~tg • Laadompe AnhiJecystre s Citdl Fagineaia~rg • Gol% Cotrtye Trrigaiiorr ~ Ergiue~ntq ~ Gmph, is Gomiuuiritu/wn • Sttnr~yixg 462 E. Shore Dxire, Ste. L00, Eagle, Idaho 8361G • P 208.939.4(-41 F?0$.93n,•~5 • ~t~1F.dielandgconPsnc.wm w++.lo i ~~ July 19, 2007 Page 2 of 2 Thence North 89°3S'Sd" West a distance of 28.60 feet to the POINT OF BEGINNIlVG. Said easement contains 4,075 square feet more or less, subject to all existing easements and right of ways. Attached hereto is "Exhibit B" and by this reference is made a part hereo£ Prepared By: The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAQ Sills Pkrnuisg ~ I.,nndtc'af~ ~nhat~•t~ne • Civil Engines~s-rg ~ Golj'Cou~ys Trrigvtion ~•' Eu~i~reer, irg ~ Grrr/ihic Canui~urrica/ran ~ Sanr~d~~,~ #fi2 E. Shorn Drive, Ste. i OU, Eagle, Idaho 8361 b • P 20R.939.4U~7 F ?Q8.939.~W4-5 • n~~.thelandgcoupinc.com SITUATED IN A PORTION OF THEW 1/2 OF THE NE 1/4 OF SECTION 2U, TOWNSHIP 3 NORTH, RANGE 1 EAST B.M,, CITY OF MERIDIAN, ADA COUNTY, IDAHO E. QVERLAND RD. ~~~~ _ ~ ssa•~a'oz"w ss5s.ea' _ ~~ s 48~.eo' _ ~- 2ta4.sa' ~ ao a~ Sg0'13'59"E 1~' 45 ~' ~~ PROPOSED ~+' BLOOCK ~1 I _L7 ~ I 't ~ ~za' wa1~ Eas~EreE~Nr ~' I i P ~~ I ~ I ~ ~aac >I I I T ~- I ~e I to ~c ~~~! . ~ ~ . S8935'Sa' L12 E, GALA ST. ~'~' P.a:e. Legend ® CALCULAlID POINT ~ seclroN CORNER - - - - - - - - EASEMENT EtOUNDARY UNE - SECTION UNE: - -- RIGHT-OF-WAY UNE - - LOT UNE ....................... . L INE TABLE UNE LENGTH BEARING Li 18.34 N4S'13'S8'W L2 40.93 N093'57"W L3 10.86 N49'24'19'W L4 91.29 N093'S7'Yi L5 22.3s 2'1 'w L6 20.0o Noo'ao'00•w L7 42.30 N88'49'19'E L8 102.14 S093'SYE L9 10.86 549'2498'E L10 41.80 SO'I3'S7'E L11 28.50 7 ' L12 28.60 N69'35'S8'W ~. LAND s 1 12459 ~- o~ ~-~ ~ L . B~L~' 7 • ~'J •t~7 ~~ ~ ~l~GROUP, INC. n n EXHIBIT B I~ w ;~ ~ . CITY OF MERIDIAN WATER EAR ~, „ ~ ~ ;'~ ~,~;eJ~.~ GRAMERCY SUB N0 1 ,~ . L J Seal®:1"=60'-0" 07-19-07 06272 1 ~F 1 r: August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-R REQUEST Water Main Easement Agreement No. 2 for Gramercy Subdivision No. 1 (lots 4-5, Block 2) by Tuscany Development: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Easement Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. City of Meridian Public Works Dept. Memo ~,EGEI~TEI) To: Mayor De Weerd ~ City Council From: Karie Glenn City ~1f meridian City Clerk ®#1'ice CC: File Date: 7/31/2007 Re: Proposed Agenda Items for 8/14/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/1M07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement #1 for Gramcery Subd #1 (Lots 4 5 Blk 1) by Tuscany Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement #1 for Gramcery Subd #1 {Lots 4-5, Blk 1} by Tuscany Development and authorize the Mayor to sign and Clty Clerk to attest. 2) Water Main Easement #2 for Gramcery Subd #1 jLots 4-5 Blk 2) by Tuscany Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement #Z for Gramcery Subd #1 {Lots 4-5, Blk 2) by Tuscany Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ADA COUNTY RECORDER J. DAVID NAV.~ AMOUNT .00 E BOISE IDAHO 081107 04:44 PM DEPUTY Qail Qarrett RECORDED-REQUEST OF III I'IIII'I'I'~I'I~I"IIII'I'll III I Meridian City i X711 ~~~~ WATER MAIN EASEMENT THIS INDENTURE, made thisc~ day of i~~ , 2(4)1 between~~~~°' ;,,`++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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part oftheright-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN.doc ! • 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. ]N WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ 7 day of ~.. 20Q( before me, the undersigned, a Notary Public in and for said State, personally eared - re n S r and ~e'~'Gi~lxr~~ ,known or identified to me to b 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. . ~~ p~ u c~ryC ~o~@@o ~ Z °o ~~ ® •S ® d mQ® ?tip®®®,y ®®© ~~® ~ ®x`m ® ~~ ®Q' ®0 p ®o ``~9offA " 2 A 1~ ARp ,,.,_e«n° N ARY PUBLIC FOR ]DA O Residing at ~ ri ~ , ~,~ Commission Expires: 3 p~ Water Main Easement EASMT WTR MAIN.doc ~~~ GRANTEE: CITY OF MERIDIAN ~\x\11?6!!tf'!.'i ~ Tammy de Weer yor ; ' ,° E~ tom, s d'~~ Attest by William G. Berg, ity Jerk = .~, - ~ Approved By City Council On: ~ ®°° ° ~,A ~ ~~®* ``t~w ~ /oA`, ~~~~t~ `~'~rrp1rrr ar~o~ STATE OF IDAHO, ) . ss. County of Ada -~ • On this ~°~~day of Vi.~ `~ 20 ~~, before me, the undersigned, a Notary Public in and for sand State, person ~ly 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 axed my official seal the day and year first above written. (SEAL) o~ ~,O_!~ ~•,,~ ~ o r r ® ~ ~ ; ® e c ~ ° i a ® eo ~ • ® 4®a ~~® ®~9 ~®® ®•®..®. Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: `~~1.'~ ~(~~ ~`~ Commission Expires: /Cr ~ / S- MAIN.doc EASMT WTR ~~~~ ~ ~ ~~ ~~''•` THE LANs) GROUP, INC. July 19, 2007 Project No. 06272 Ezhibit ~~A" Legal Description Proposed Gramercy Subdivision No. 1 Lots 4&5, Block 2 City of Meridian Water Easement 4,163 Square Feet • A twenty foot wide permanent easement for the purpose of construction, access and maintenance of water facilities situated in a portion of proposed Lots 4&5, Block 2, Gramercy Subdivision No. 1 situated in the West One Half of the North East One Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho described as follows: Commencing at a brass cap monumenting the Northeast corner of said Section 20, thence following the northerly line of said section, South 89°46'02" West a distance of 1,$42.28 feet to a point which bears North 89°46'02" East a distance of 854.60 feet from a brass cap monumenting the North 1/4 corner of said Section 20; Thence leaving said northerly line, South 00°I3'S8" East a distance of 45.00 feet to a point; Thence South 00°13'58" East a distance of 349.48 feet to a point on the northerly right- of-way line of proposed East Gala Street; Thence following said proposed northerly right-of--way line, North 89°35'56" West a distance of 62.40 feet to the POINT OF BEGINNING. Thence following said proposed northerlyright-of--way line, North 89°35'56" West a distance of 30.21 feet to a point; Thence leaving said proposed northerly right-of--way line, North 48°56'23" East a distance of 28.57 feet to a point; Thence North 00° 13'59" West a distance of 38.85 feet to a point; Thence North 48°56'23" East a distance of 11.50 feet to a point; Thence North 00° 13'59" West a distance of 108.31 feet to a point; Thence North 89°37' 18" East a distance of 43.47 feet to a point; Thence South 00°22'42" East a distance of 20.00 feet to a point; Thence South 89°37' 18" West a distance of 23.12 feet to a point; Thence South 00°13'59" East a distance of 97.51 feet to a point; Thence South 48°56'23" West a distance of 11.50 feet to a point; S11e Plrrnm~eg ~ Land~eape A~tbile~Yrnr ~ Ci~iJ Engintm~ing ~ Gv//'Courn Irrrgvlron ~' F.xgraeetrtrg • GmJih. is Corn~srruien/ion • Sr+rrrJi~r~ 462 8. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 2x8.939.4445 • ti~~Zr~.thelandgroupinc.com J~.y 19, 2007 Page 2 of 2 .~ 'Thence South 00°13'S9" East a distance of 38.85 feet to a point; Thence South 48°S6'23" West a distance of 15.08 feet to the POINT OF BEGINNING. Said easement contains 4,163 square feet more or less, subject to all existing easements 1 and right of ways. Attached hereto is "Exhibit B" and by this reference is made a part hereof. Prepared By: The Land Cxroup, Inc. ~. ~ 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4(}41 208-939-4445 (FAX) r Sate Planning • Landarape.'dreinl~Ywrr ~ Cixi! Enginemzaa ~ Go!/~Car~~se Itrrgation Z"` Luginreria+~ ~ Gtwpbic Cann~uniea/ton ~ Sutve}iag ~FG2 E. Shone Drive, Ste. 100, Eagle, Idaho 83G1 G • P 208.939.-90'1 F 208.939.5 ~ ~~~~=.thelaudgroupinc.~om ~~~~ ~•ia •a'~ SITUATED IN A PORTION OF THE W 1!2 OF THE NE 1/4 OF SECTION 20. TOWNSHIP 3 NORTH, RANQE 1 EAST B M, CITY OF NBERIDIAN, ADA COUNTY IDAHO a ~ 4 caR. E. OVERLAND RD. ~~sEC~noN 20 _ ~'4s'oz'w zsss.$a' ~83aso' -~- 1802.2e' 45 Ofl' ~.r ..~. I aRO~osEO I ~ I Bo ~'s ~I 4 ~ I ~~ I~ 1--- - ~ +~ ~~ ~ ~ ~ L INE TABLE LINE LENGTH BEARING Li 30.21 • g' •1g L2 26.57 N48'56.23"E L3 38.85 NO'13'S9'W L4 11.50 N46'S5'23'E L5 108.31 NO'13'S9'W L8 43.07 N ' T1 L7 20.Q0 SO'22'42"E LB 23.12 37'1 'W L9 97.51 SO'13'S9"E L10 11.5fl S48'56'23"W Ll t 38.65 SO'f 3'39•E L12 15.06 4 '23"W 17 16 20 21 wnTOt EASEMENT ~i I~ I PRO °~ ~ I ~I 1 ~i ~~ I~ y/ ~~- U ~~ N89~5i'58"W E. GALA CT. 82.0' P.0.9. Legend ® CALCULATED POINT ~' . .......... . SECTION CORNER EASEMENT BOUNDARY LINE SECTION LINE RICFBT-OF-WAY LINE TIE LINE 12459 OF '7.25.0"1 ~\ ~, /~••~ ~~ -, THE LAND GROUP, INC. ~ ~R '~PQ ~'+'~.ttecturQ n n EXHIBIT B '~ ~~`` pta~~ CITY OF MERIDIAN WATER EAR ` ~'! ~ f ~ ~ ~ p ~ ~~~ -~ : GRAMERCY SUB NQ 9 ~~e~ . ~~ scare: ~°=ea•-o• a7-19-07 x6272 1 of ~ ~~~~ • • August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-S REQUEST Sanitary Sewer and Water Main Easement for Retail Building B (CenterPointe Subdivision) by Blue Marlin Investments: 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 Easement Agreement ~~~,~°' Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. l___~J • City of Mlelridian Public Wollics Dept. Memo To: Mayor De Weerd 8 City Council From: Karie Glenn CC: File Date: 8/6/2007 Re: Proposed Agenda Items for 8114/07 City Council Meeting RECEIVEI~ City C-f Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/14/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main_Easement for Retail BIdA B (Centrepoint Subd} by Blue Marlin Investments. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Retail Bldg B (Centrepoint Subd) by Blue Marlin Investments and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • ADA COUNTY RECORDER J. DA1tID~1RR0 AMOUNT .00 6 BOISE IDAHO OB123lO7 OJ:49 PM 1 D,EPIJTY Qail QarreO ~~~ ~~~~~~~~~~~~1~~~~~~~~~~~~~~~~'~ ~~~ RECORDED-REQUEST OF 1~711'~~71 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ?~~ day of J ~ I 20 0 ?between ~'y V e-s~`«~-~ G-L~ 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; WTT'NESSETH: 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 tune 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 i • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this day of , 20 ,before me, the Public in and for said State, personally appeared a Notary known or identified to me to a the President and Secretary, respectively, of the corporation that executed the 'thin instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year fist above written. NOTARY P LIC FOR IDAHO Residing Commi ion Expires: Sanitary Sewer and Water Main Easement EASMT.S&W State of Idaho ) ss. County of Ada ) • On this_~ day of July, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me that he executed the within instrument on behalf of said limited liability company and that said limited liability company executed the same. `~~tNODUrurq~i~ \\e\\ ~\E!. Gles ~~ii~ ;• ~IOTARy .*. -.~ :~ :~ PUBLIC ~~ //~~°Nirir p~~ t~~~~~~ ~~.~~ ~. Notary Public r Jdaho Residing at iS~ , Comm Expires_ 6 ~ - t3 ' Z.b 1~ ~~ ®. GRANTEE: CITY OF MERIDIAN `,`,~.~,~F~rr~~u,r,,, e`` ~t~,~`~P. Tammy de Weerd, May `~ ~ Attest by William G. Be , Jr., City Clem ~ ~~~' \~ Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) °0°°~++rr ai ~a taro ~~~ On this~day of a,~u.~u ~~ , 200, 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. ®°pTA~~! (SEAL) ; ~ ~ ~ e . ; ~ a .9~ ~, ~~ ~ f,, ~~1GL~i'~rlOj~Z%`~~ NOTARY PUBLIC FOR IDAHO Residing at: -~22i% ~ ~~~~ ,~'G-~ e Commission Expires: /0-/S-ll Sanitary Sewer and Water Main Easement EASMT.S&W. j P /~C July 16, 2007 Page 1 of 1 Quadrant Consulting, Inc. E~~IT "A" SEWER MAIN AND WATER MAIN EASEMENT An easement for the construction and maintenance of a sewer main and water main across a portion of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 1118.13 feet; thence leaving said South line North 00°15'21" East 59.96 feet to the North Right- of-Way line of said East Ustick Road; thence continuing North 00° 15'21" East 450.85 feet; thence North 90°00'00" East 105.54 feet; thence North 00°03'02" East 5.00 feet to the POINT OF BEGINNING; thence North 00°03'02" East 41.93 feet; thence, South 89°44'39" East 85.22 feet; thence, North 00°00'01" West 28.00 feet; thence, South 89°44'39" East 24.00 feet; thence, North 00°00'01" West 78.96 feet; thence, South 89°59'59" West 16.00 feet; thence, North 00°00'01" West 10.00 feet; thence, North 89°59'59" East 16.00 feet; thence, North 00°00'01" West 32.00 feet; thence, South 89°42'35" East 20.00 feet; thence, South 00°00'01" East 53.74 feet; thence, South 90°00'00" East 7.00 feet; thence, South 00°00'01" East 10.00 feet; thence, North 90°00'00" West 7.00 feet; thence, South 00°00'01" East 85.21 feet; thence, South 89°44'39" East 11.04 feet; thence, South 00°15'21" West 41.31 feet; thence, North 90°00'00" West 140.12 feet to the POINT OF BEGINNING. Said easement contains 9,716 square feet or 0.22 acres more or less. 1904 W. Overland Boise. ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant@quadrant.cc Civil Engineering Surveying Construction Management ~~ 1/4 CORNER 32 33 °~ ~j O N ~ ~ _ N W ~ O rn ~ ~ g~~ .. ~N of N ~ ,= j~ J ~ ~ ~ ~a O ~ Z ^^ ~ ~ ~ ~ ~~ U ~~ ~16 R. I I m I Q ZZ~ W ~ 'Y' O H N M j ~ o m 3 °~ 0o c O F I ~ O p Z ~ ma N Q I o~ Q W Z \ °~! I ~ ~~ r ~ ~ c N W (n ? U O ~ R In J ~L12JJ w I F c J CO ~ J J J ~ O _ J I~ J ~ O J L6 J z L4 I I L1 J L20 ~ ~ ~ Q N Z J J Z ~ t!') Z pip ~ Q } Q ~- ~' m ~ 2 W H W ~ O ~ I ~ _ I if) I U N w I Z o O ~' Q I H ~ Z O O Z Q I 32 1538.33' _ _ _ N00°15'21"E N 89°44'39" W 1118.13 32J,33 5 59'96 BASIS OF BEARING ~' 5 4 1/4 CORNER ~ EAST USTICK ROAD W s W a N W g N W a ~? W t ~ 3 ?, W s O ?~ a W c ~A W t W t O W t ~ W t •- W o Cf 3 $ a ?, s O O O O W M r O W !'~ .- O p~ to ~ O !n ~ O !`~ O O ~ O O O O M ~ N O O (7 O 0 M 0 M 0 ~ O ~ O O~ O p A O N 0 0 0 0 0 0 p O 0 d- i[] O Z 0 0 0 01 O O p 0 0 1n ~ O 0 ~ 0 O CO ~ Of 0 0 0 p p O ~ O p C rn Z O Z O Z OD N O Z 0 fn 0 Z 00 !A 0 Z 00 Z 0 Z 0D to 0 fn 01 fn 0 N p~ Z O fn CD fA O (p p Z m W J = st M O O M ~ N N 0 0 0 0 ~0 0~ 0 O 0 O 0 O 0 O 0 O ~ n 0 O 0 0 0 0 '' N d° O ~ M? N ~ W H Z ln O In eF 1A oD Cp N d' N OD n tO ~ O ~ tO ~ N M 0 N 1M ~ 1~ 0 .- 1~ ~ ~ .- .- '' d' 'Od' ? J ~ ~ -J NN J MM J a~ J ~m J m J ~ J pppp J rn J o .- J r ~ -J N ~ J M ~ J ~ .- J ~n ~ J ~o ~ J n r J ao ~ J a~ ~ J o N J W Z August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-T REQUEST Approve New Beer and Wine Licenses for Sakana Sushi 8~ Steak House by Ming Xing, Inc. at 1718 S. Eagle Road: AGENCY CITY CLERK: CIiY 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 Altaahed Approvals Contacted: Date: Phone: Emailed: Staff Initials: Materials presentQd at pubUc m~t&~s shatl become propn~rty of tho CHy o} Meridian. • August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 5-U REQUEST Approve Standard form of Agreement with H2 Excavation, LLC for the construction of the North Black Cat Pressure Sewer for $398,376.00: 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: Emailed: COMMENTS See attached Memo /Agreement 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., Staff Engineer Date: 8/07/2007 Re: Proposed Agenda Item for August 14, 2007 City Counal Meeting • The Public Works Department respectfully requests the following item be placed on the August 14, 2007 City Council agenda, under Consent Agenda, for Council's consideration: North Bladc Cat Pressure Sewer (Construction) Attached is a Standard Form of Agreement with H2 Excavation, LLC for the construction of approximately 5,147 lineal feet of dual 10"/16° pressure sewers from the proposed North Black Cat Lift Station to the Wastewater Treatment Plant. The contract is for $398,376.00. Recommended Council Action: The Public Works Department recommends that City Council approves the Standard Form of Agreement with H2 Excavation, LLC for the construction of the North Black Cat Pressure Sewer. Thank you for your consideration. I will forward original documents for signatures upon review. Please contact me if you have any questions. From the desk of... Max Jensen Engincering Technician Meridian Pubticworks Department 660 E. watertower, Suite 200 Meridian, Idaho 83842 Phone: (208) 898-5500 Fax (208) 898-9551 jenservn@meridiandty.org • Page 1 FORM 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Taken From 2007 ISPWC For the CITY OF MERIDIAN NORTH BLACK CAT PRESSURE SEWER ADA COUNTY, IDAHO u CITY OF MERIDIAN NORTH BLACK CAT PRESSURE SEWER ADA COUNTY, IDAHO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE C~ J THIS AGREEMENT is by and between the City of Meridian (hereinafter called OWNER) and H2 Excavation LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project consists of construction of approximately 5,1471ineal feet of dual 10"116" pressure sewers, surface repairs, clean-outs, air/vac stations, connection vault, dewatering, traffic control, storm water management, trenching, and other related and miscellaneous work. It is the intent of these documents to descnbe the work required to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically mentioned which are necessary in order to provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal requirements. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Docttux;nts may be the whole or only a part is generally described as follows: North Blac[t Cat Pressure Sewer ARTICLE 3 -ENGINEER 3.01 The Design Engineer is J-U-B ENGINEERS, Inc., 250 S. Beechwood Avenue, Suite 201, Boise, Idaho 83709. The Construction Project Engineer is the City of Meridian, hereinafter called ENGINEER, and who is to act as OWNER's representative, assume all duties and respomsrbilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. Ail time limits for Milestones, if any, Substantial Completioq and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. oosao - 1 4.02 Days and Dates to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as listed below: 1. Bid Schedule A 'The woxk will be substantially completed within 90 days after the date when the contract times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment is accordance with paragraph 14.07 of the General Conditions within 110 days after the date when the contract tirr~s commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreetriettt and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or azbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 far Substantial Completion of each milestone date listed until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4A2 for completion of each milestone date listed and readiness for final payment until the Work is completed and ready for final payment. ARTICLE S -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current fiords equal to the sum of the ar~unts determined pursuant to paragraphs 5.01 A. A. For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as an exhibit. ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment on or about the 25th day of each morrth for work through the last day of the preceding month during performance of the Work as provided in paragraphs 6.02A.1 and 6.02A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage}; and b. No paynnent for cost of materials and equipment not incorporated in the Work. 00500 - 2 2. Upon Substantial Completioq OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Article 14 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. If, at Substantial Completioq the character and progress of the work has been satisfactory, the OWNER may, at the OWNER's sole discretion, reduce the amount of retainage being held 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, O WNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 7% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Docurr~nts and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited fire Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work D. CONTRACTOR has carefully studied all: (1}reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Conditioq if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) alI examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities} at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any fiuther examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Docurra=nts. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the infomration known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500-3 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. The CONTRACTOR is an appropriately licensed public works contractor per Section 54-1902 (Idaho Code). L. The CONTRACTOR will submit within 30 days of the date of this agreenrent a Public Works Contract Report (Form WH-S) to the Idaho State Tax CornIIrission incompliance with Section 54-1904A and 63-3624(f), Idaho Code. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to ,inclusive); 2. Performance Bond (pages to ,inclusive); 3. Payment Bond (pages _ 4. Other Bonds (pages - a. b. c. 5. Certiif'icates of Insurance (pages to ,inclusive); (pages to ,inclusive); (pages to , indusive); 6. General Conditions, Division 100 of the 2007 Idaho Standards for Public Works Construction (ISPWC). 7. Project Manual. 8. Owner's Supplementary Conditions, Form 00810. 9. Standard Specifications and Standard Drawings - 2007 Idaho Standards for Public Works Construction (ISPWC). 10. Owner's Revisions to the Standard Specifications and Special Provisions (pages 1 to .inclusive). 11. Plans consisting of a cover sheet and sheets numbered 1 through ~, inclusive with each sheet bearing the following general titles. City of Meridian North Black Cat Pressure Sewer Ada County, Idaho 12. Addenda (numbers to ,inclusive); 13. Exhibits to this Agreement (enumerated as follows): to , inch>sive); to ,inclusive); a. CONTRACTOR's Bid (pages to ,inclusive); Form 00300 00500 - 4 b. Contractor's Affidavit Concerning Taxes, Form 00710 c. Notice of Award, Farm 00450 d. Notice to Proceed, Form 00720 e. Documentation submitted by the Contractor prior to Notice of Award 14. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments b. Work Change Directives c. Change Order(s) d. Application for Payment e. Certificate of Substantial Completion B. The docurrants listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are na Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 -MISCELLANEOUS 10.01 Tens A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law}, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor fxom any duty or zesponsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00500 - 5 10A4 Severcrbility CJ A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remain;rg provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CON'T'RACTOR or on their behalf. This Agreement will be effective on , 2007 (which is the Effective Date of the Agreement). OWNER: CITY OF MERIDIAN By: Tammy de Weerd, Mayor [CORPORATE SEAL] Attest William G. Berg, Jr. City Clerk Approved by City Council: Address for giving notices: 33 East Idaho Ave Meridian. ID 83642 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement} CONTRACTOR: H2 Excavation LLC [C ORATE SEAL] Attest Address for giving notices: ~ 1 ~ ~~ ~~h g3~ u License No. ~ j ~ ~ 5 (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign} Designated Representative: Name: Title: Address: Phone: Facsimile: Designated Represeentative: Name: ~ ~ G YIGp~ Title:. ~l'i nc~~y Address: 3~~ ~ ~-uhoST~rnP_ K~.+~, ~ ~.~ `~ ~ 63 c.., Phone: ~ ~' - ~~ 3 Facsimile: `J ~ ~ S ~ 7 ~' 00500 - 6 F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data ar~ necessary for the determination of this Bid far perfonnance of the Work at the price(s) bid and within the times and in accoraance with the other ternts and conditions of the Bidding Documents. G. Bidder is aware of the general nattue of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. K Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports a~ drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents_ I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. 1. The Bidding Documents are generally suffiicient to indicate and convey understanding of aIi temps and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf' of any undisclosed , individual or entity and is not submitted in confornuty wig any agreement or rules of any group, association, ,, n;~arian or corporation; Bidder has not directly or indirectly induced ar solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder w~11 complete the Work in accordance wish the Comract Documents for the following prices}: BASE BID SCHEDiIJLE CI'F'Y OF MERIDIAN BASE BID SCHEDULE -NORTH BLACK CAT PRESSURE SEWER SPEC. PAYMENT' REFERENCE ITEM DESCRIPTION ~ EBT. t2l1ANTITY UN{T UNIT PRICE TOTAL PRICE 201.4.1.F. t Removal of Tree 8 ~ ~ C~ 307.4.1.A.5 Miscellaneous Surface Restoration (Field- Type 1) Z6S8 L• F r~ I 6 307.4.1.A. Miscellaneous Surface Restoration (Natural Gramd) 129b LF C.j J g (~~ 307.4.1. D. t ype 'C' Surface Restoration 320 LF ,~ 7 ~ ~ 307.4:t.D.3 Type "C-Z" Surface Restoration 872 LF ~ ,a J 7 8 50Z.4.1.F. t Connect to Existing t0" Preswre Sewer 1 EA - 1 `,~Ot'~ I ~OC7 SOZ.4.1_F.3 Connect to Existing 1b" Pressure Sewer 1 EA cr ~'p~ 5 SOC7 505.4.1.6.1 Dual Pressure Sewer - 10'/16" 51,47 ~ S ~ ~ 60t.4.1.A.1 Gravity Irrigation Crossing ~ 1 EA '_ 00 ~p~ 2010.4.1.A.1 Mobilization 1 LS a ~O~ , SOC7 2020.4.1.F.1 Reference £c ReSeC Monwriertts 2 EA . SP-2142.4.1. Remove & Replace Concrete Ditch -Type 1 23 ~ ~ ~ ~ D s I SP-2142.4.1.6 Remove & Replace Concrete Ditch -Type 2 4b LF ,S a c~ SP-2142.4.1.C Remove & Reset Fence 480 ~ SP-2164.4.1 .A AirlYac Relief Station 2 EA yd0 ris t ~ SF-21b4.4.f,8 Dual Pressure Sewer Clean.-out 3 EA O fd 6b.D ,~ ~~ SP-21 b4.4.1.C Pressure Sewer Connection Pad 1 ~ S >~ SP-22tH?.4.1.A_1 rust 8iock 15 EA j~ 3'7 Sap SP-2216.4.t.A.t Storm Water Management 1 ~ ~~ ,C:~ SP-2700.4.1.A.1 emporary Irrigation 8 Waste Drainage Systems 1 ~ ~ C:~ ~ ~\ TOTAL OF ALL ESTIMATED PRICES - BASE B[D SCHEDULE (g `~'! ~1 ~ ~ )o TOTAL WRITTEN IN WORDS - 8~4SE BID SCHEDULE ~ r ~L.- ~v~~~ n ~ I'1.'}P y ~ i y~ •~~ August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 5-V REQUEST Public Works Budget Amendment for the Black Cat Trunk Line Item Number 96162 in the Amount of X3,200,000 for FY 2007 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 meeflnps shall becom® property of the City of Meridian. Memo To: William Berg, Jr.; Tara Green, Sharon Smith From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer, Kyle Radek, P.E., Staff Engineer Date: 08/08/2007 Re: Proposed Agenda Items for August 14, 2007 City Council Meeting ~U~ 9 26~~ City ®f Nleridiaxa. City Clerk ®ff°ice The Public Works Department respectfully requests the following items be placed on the August 14 City Council agenda, under consent agenda, for Council's consideration: ~' Budget Amendment -Black Cat Trunk line item number 96162. We are requesting a budget amendment to increase the Black Cat Trunk line item number 96162 by $3,200,000. This amendment will allow us to complete the design and bid the construction of the remainder of the Black Cat Trunk Sewers to relieve the bottleneck in the south area. Part of this amendment will replace the FY 2008 budget request for the Black Cat Phase 4 Sewer for $1,500,000. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 96162 -Black Cat Trunk $3,200,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Black Cat Trunk line item number 96162 in the amount of $3,200,000 for FY 2007. Budget Amendment -Latecomers Ex_oense line item number 80150. We are requesting a budget amendment to increase the Latecomers Expense line item number 80150 by $3,700,000. This amendment will allow us to reimburse the developers that plan on building the North Black Cat Trunk Sewer and the Black Cat Trunk from Overland Road to Stoddard using our reimbursement agreement guidelines. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 80150 -Reimbursement Agreements $3,700,000 ~~ • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Latecomers Expense line item number 80150 in the amount of $3,700,000 for FY 2007. North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the construction services. They propose to complete the work for $170,971. This is an extension of the budget amendment that was approved by City Council February 1, 2005 for the North Black Cat Trunk and Lift Station Project. This project consists of bid, award and construction support services for the construction of the North Black Cat Lift Station and pressure sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 Table 1 -Black Cat Proiect Budget Status Project Cost Estimate Remaining Budget Total Project Budget $14,739,000 Pro'ects Engineers Fees $1,926,359 $12,812,641 Easements $400,000 $12,412,641 Misc. Fees $60,438 $12,352,204 Pressure Sewer $837,360 $11,514,844 Phase 1 Trunk Sewer $3,167,514 $8,347,330 Pine RoadlTen Mile Sewer $1,996,828 $6,350,502 2006 Trunk Sewer $4,155,311 $2,195,191 Ten Mile Relief Sewer $96,171 $2,099,020 Phase 4 Trunk $1,930,000 $169,020 North Black Cat Lift Station $2,950,000 ($2,780,980 North Black Cat Pressure Sewer $420,000 $3,200,000 FY 2007 Bud et Shortfall ($3,200,000 • Page 3 2 y m~ ~z ~o o~ Z ~ -i .~ ~c C ~ ~m 1~ y 1 C om 0 zo ~o m -Tn On ~m 1~ o~ m ~~ c m~ ~~ m ~m z 01 m z 3 z -~ m 2 g m 0 m m ~ ~ _ ~ m 3 3 w v v m o m ~ ~ ~ m ~ lo ~ noN~ ~ noN~ ~e e nof ~ ,ff~ pa ~ ~ , N ° m p~ O.O H N W N + A o + o n m~ O Z Z ~ m 3 g ~ v ~ ?~ ~ cq ~m ~ ~ .. H ~ ~ ~ m ~i ~i ~ H _ n 8 ~ T ~ = 3 ~ ~ 0 ~ m ~ d 2 Q m a c ~ m i ~ ~ ~ ~ ~~ °c ~a -~opp °~v ~m m ~ Z ~O 3 m z ~~~8~~8. ~m~8~~~ g~~~m~ E~~8~~~m„ ~ m _ 8 ~ ~ . . c ~ °ti, ~ [c3 ~ d N ~ ,~ Z Q N 8~~~~~~` ~=8»8 ~°~'~~ ~ o ~.~ o. F m ~ ~ x,88 .. a a b s a 8 a m a m I.~ August 10, 2007 C, MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT ITEM NO. S-W REQUEST Public Works Budget Amendment for Latecomers Expense Line Item Number 80150 in the amount of X3,700,000 for FY 2007 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: S®e arttached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Mat®rials presented at public meefings shall become property of the Cffy of Meridian. ~~~ ,_ ~~~ ~~~ ~~` g ~$ "~l ~ ~~ ~~~ ~gs~~~~ W ~ ~~$~~s~ ~? ~ ~~'~ ~~~ ~ ~.. ~ ~~~ .',4i :;'sz'~ ~~`o~ a W ~.'•a'~.; W ,O ~ .~ ' ~ VmF 2 f- c ~~ ~~ ~~ ~~ ~~ ~~ s ~~ ~~ ~~~ a ~~~ ~m~ ~~~ c ~ .k 's ~~ s``~~~~Ilu1 J~~ .~ ~~ .~ ,ec~ p ~~ ~.: ~~ s ~ ~n ~~ 1 p i s { ~~ b~ ~~ Z ~~ ?m N CO ~~ 3 a ~~ i~ p .~ e~~~ ~~~~ -- . ~~ . ;~~' ~~ , _ .. '~' . ~f': ~rl p ~ >~>s A.d '. M !~R ~~.. i~ ~ K ~ g.: . A h ~. ~ % ~ ~ ~ ~ M ~ ~ } y ~. Y ~ ~ } r: } p .~ - ~ -- ' - p ~ - d . a , . ~: ~ . .i:^ A . ` f ~ i~.~ y' ~' • ;~ +~ H yyy• ,. 3 ~ ~~• ffi ~'~ ~ ~ ' T i ~ 4.~ . S ~4 Q 1"' ~T ~ "i ~ - • Q FT ~ S U C, t~ ~ t9 ~` ~ tt5,~ 0 , ~~ :~ ~ / i~ ~~ _ ~'~ i ~p~'t . r y ~~ ~~ ' ~ 11111~~ 1 f ~ ~ N 1 ~ ~, d/ ~~ r ii ^` ~ ~ Y y~ :~ ~ 'C`P ~ ir;~~~.: l r1t1~t~``` ~Q W qqS~ ` ~ Q a' p Z~Z W QO ^ Z~Z F ~ ~ ogK 1. ~ ~ W (~ ~ i _ Z W ~ 4 ~ ~~ W ~ ~ ~> Q J ~ I ~ ~~ ~ ~ ~ yU ~W to ~,~~ Memo To: William Berg, Jr.; Tara Green, Sharon Smith From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer, Kyle Radek, P.E., Staff Engineer Cit;~ ®f l~e~.dia~. Cif Clerl~ ~f~ce Date: 08/08/2007 Re: Proposed Agenda Items for August 14, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 14 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment -Black Cat Trunk line item number 96162. We are requesting a budget amendment to increase the Black Cat Trunk line item number 96162 by $3,200,000. This amendment will allow us to complete the design and bid the construction of the remainder of the Black Cat Thank Sewers to relieve the bottleneck in the south area. Part of this amendment will replace the FY 2008 budget request for the Black Cat Phase 4 Sewer for $1,500,000. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 96162 -Black Cat Trunk $3,200,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Black Cat Trunk line item number 96162 in the amount of $3,200,000 for FY 2007. Budget Amendment -Latecomers Expense line item number 80150. We are requesting a budget amendment to increase the Latecomers Expense line item number 80150 by $3,700,000. This amendment will allow us to reimburse the developers that plan on building the North Black Cat Trunk Sewer and the Black Cat Trunk from Overland Road to Stoddard using our reimbursement agreement guidelines. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 80150 -Reimbursement Agreements $3,700,000 • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Latecomers Expense line item number 80150 in the amount of $3,700,000 for FY 2007. North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the construction services. They propose to complete the work for $170,971. This is an extension of the budget amendment that was approved by City Council February 1, 2005 for the North Black Cat Trunk and Lift Station Project. This project consists of bid, award and construction support services for the construction of the North Black Cat Lift Station and pressure sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 • • =y mZ ~m 30 Op ~~ x~ -rC c c~ ~m 1~ c om 0 zo ~' o m~ On m ~T -a O m y~ C~ m Om rt~z o~ m z 0 m =1 y m m m z g 0 m ~~ ~~ 0 w T_ 3 w v m m ~. y m ~' o v m . ~n a O c y 3 m ~' a c a c m ~ ~~~~~ oo~~?o m ~ s m °. < °, m~z,~.. "0~~m ~'~~~R mg ~ ~~ ~~~~~ 7 -1 ~. ~'~ A g~=~'~ ~ ~ ~ ~ m ~~~~ xai ~'~~ 3 1 ~~ ~ g A ~~ ~~~~ o-nc x~ m c ~ a a v q ~ ~ n m ~+ ~ a o ~.~'m ~ Z m ~ v°~~~ O y ~~ n~ m ~~ ~~ a ~~ m 0 ~~ ~~ 0 7 H ~' v 0 0 m _~ o m aa aa pp ~ ,,77 ~ e~ y m ~ N o N Rl o W R1 ° N N o + ~ (p~ A .~ . N O ~ ~y ~ ~ N O m n nlj ~ p m O Z z .. ~ n m 3 g o v m ~n c~ D c '~ g o g m g m v ~ ° ~ y ~ 3 ~, ~, ~ f/J n ~ m ~ 0 _ ~i b 3 ~ S ~ o m m z v a c m m ~ ~ ~ ~ ~~ °c ~a m~~~ .Sod ~. m °, "~ 03~ L O 3 3 Z T 1Z0 2 O 3~c0 cc~m-i t~nzmz Dim z~~ 8 ~ m ~~ ~. 3 3~3 ~'mm z~ ~ ~~~ _~~ -~ ~~m m " 3 ~2 0 0 3 ~ 3 ~ ~g~ ~~~ p~~ n gj N O a mg +~?+ ~ § m ~ 3 ~~~ ~~~ ?~.~' o m ~~ m mho m x~ ~~ 2 '~ ~3 ~$~ ~~. ~ ~ ~Co ~ m ~~,~~m~~ '~ b~ C m and .. .. m ~ ~. ~ N o ~~ao~-~ ~~ am 2'~,z '$d~~~o~ g~~_ d=~ :~, go ~,~'_ o ~8 ~ ~i ~~ August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. S-X REQUEST Approve Contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ct1y of Meridian. Memo To: William Berg, Jr.; Tara Green, Sharon Smith From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer, Kyle Radek, P.E., Staff Engineer Date: 08J08/2007 Re: Proposed Agenda Items for August 14, 2007 City Council Meeting BUG 0 ~ 2007 City ®f I~leridiar' City Clerk Office The Public Works Department respectfully requests the following items be placed on the August 14 City Council agenda, under consent agenda, for Council's consideration: Budget Amendment -Black Cat Trunk line item number 96162. We are requesting a budget amendment to increase the Black Cat Trunk line item number 96162 by $3,200,000. This amendment will allow us to complete the design and bid the construction of the remainder of the Black Cat Trunk Sewers to relieve the bottleneck in the south area. Part of this amendment will replace the FY 2008 budget request for the Black Cat Phase 4 Sewer for $1,500,000. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 96162 -Black Cat Trunk $3,200,000 Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Black Cat Trunk line item number 96162 in the amount of $3,200,000 for FY 2007. Budget Amendment -Latecomers Expense line item number 80150. We are requesting a budget amendment to increase the Latecomers Expense line item number 80150 by $3,700,000. This amendment will allow us to reimburse the developers that plan on building the North Black Cat Trunk Sewer and the Black Cat Trunk from Overland Road to Stoddard using our reimbursement agreement guidelines. Table 1 on the attached spreadsheet documents the status of the budget and expected cost estimates. 80150 -Reimbursement Agreements $3,700,000 • ~,~~~~~ • Page 1 • Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for the Latecomers Expense line item number 80150 in the amount of $3,700,000 for FY 2007. North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the construction services. They propose to complete the work for $170,971. This is an extension of the budget amendment that was approved by City Council February 1, 2005 for the North Black Cat Trunk and Lift Station Project. This project consists of bid, award and construction support services for the construction of the North Black Cat Lift Station and pressure sewer. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for North Black Cat Trunk and Lift Station Authorization for Additional Services No. 3 with JUB Engineers, Inc. for $170,971 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 f~f J-U-6 ENGINEERS, lnc. 250 S. Beachwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (206} 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - N0.3 CLIENT: CITY OF MERIDIAN PROJECT NAME: NORTH BLACK CAT PROJECT J-U-B Project Number: 10-05-026 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project approved by City Council on May 17, 2005. Additional Services: Provide construction services as described in Attachment "A". J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Refer to Attachment "A". Dated this day of Ju 2007. CITY OF MERIDIAN Print or Type Client Name INFERS, Inc. By: Client or Representative Signature Tammy de Weerd. Manor Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk By: Signature Tim Haener. P„~. - Exe. Vice President Print or Type Name and Title North Black Cot Project -Authorization for Additional Services No. 3 Page 1 J-U-B ENGINEERS, fnc. Attachment 'A' - 10-05-026 CITY OF MERIDIAN -NORTH BLACK CAT PROJECT AUTHORIZATION FOR ADDITIONAL SERVICES N0.3 ATTACHMENT °A" 7-U-B ENGINEERS, Inc., Project No. 10-05-026 SECTION 1-PROJECT UNDERSTANDING This addendum provides for the following additional services as outlined herein. In general, the additional tasks include: ^ Task 1-Bid and Award Support Services ^ Task 2 -Construction Support Services SECTION 2 -CITY RESPONSIBILITIES ^ Pay for all legal advertisements for bids. ^ The City will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be defoned in ISPWC Division 100, Standard General Conditions, and City's Standard Supplementary Conditions to the Generai Conditions. ^ As Engineer and RPR on the project, the City of Meridian shall pertorm duties as delineated in the ISPWC General Conditions and shall notify J-U-B prior to any modifications to the design furnished by J-U-B or any issued related to the design, so we may have input on issues required by the modification. ^ Pay for all necessary permitting fees. SECTION 3 -ASSUMPTIONS The fee estimate and scope of services are based upon the following general assumptions. ^ J-U-B will assist the Crty with periodic observations as ]-U-B and the City deems appropriate. It is anticipated that the concrete work associated with the project will involve 2 inspections per week with 4 hours each for a period of 3 months. ^ The fee estimate for Task 2 is based on the assumed overall construction period of twelve (12) months. It is further assumed that the City's retained Contractor wil! be a licensed professional contractor who is regularly engaged in public works facilities of similar scope and complexities and will actively perform in accordance with the project's contract documents. Shop drawing submittals will be reviewed by the Contractor with minimal re-submittal reviews. ^ ~ty will serve as the construction engineer and Resident Project Representative (RPR). Roles of the Engineer and RPR during construction shall be defined in ISPWC Division 100, Standard General Conditions, and qty's Standard Supplementary Conditions to the General Conditions. J-U-B's role in the bidding and construction shall be in aaordance with the ISPWC General North Black Cat Project -Authorization for Additional Services No. 2 page ~ • J-U•8 ENGINEERS, Inc. Attachment 'A' - 10.05.026 Conditions as the Engineer's Consultant and J-U-B shall be afforded the same protections as the Engineer under said document. o The Construction contractor retained by the City of Meridian will supply a detailed construction schedule at or prior to the pre-construcfion conference from which a staffing schedule can be modified to meet the inspection requirements of the construction activities throughout the project. o The construction contractor will comply with the Environmental requirements of the Construction General Permit and progressively maintain the Storm Water Pollution Prevention Plan in accordance with the contract documents. Follow-up inspections and weather required observations are estimated to be required at a rate of one (1) per week for 3 hours each in addition to the minimum weekly inspections required. SWPPP monitoring is assumed to occur over 12 months. D Supplemental inspections are assumed to be required two(2) per week at 3 hours each for a period of 3 months. SECTION 4 -SCOPE OF ADDITIONAL SERVICES TO BE CQMPLETED Services to be Performed by J-U-B: J-U-B shall furnish services specifically limited to the following at an assumed level of effort depicted on Attachment B and described herein. Fees shall be on a time and materials basis. TASK 1-BID AND AWARD SERVICES A. Biddi ,Publishing, and Administration J-U-B will provide 25 sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through J-U-B's Boise office. J-U-B will provide bid administration services to coordinate the Bid process with the City, prepare addenda when necessary during the Bid process to clarify bidding requirements, and assist in answering bidders' questions. B. Bid 0 Wing and Award J-U-B will conduct the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to City, and prepare necessary Project Manual contract dowments to award the project as specifically requested by the City. TASK 2 - CONSTRUfTION ASSISTANCE SERVICES A. Precanstruction Conference J-U-B will arrange and conduct apre-construction conferences for the assumed phasing of the project with the contractor, City, Ada County Building Officials, ACHD, ]-U-B's subrnnsultants and affected utilities. Meeting minutes will be prepared. ]-U-B will attend progress meetings throughout the duratron of the construction. It is assumed that two(2) meeting per month will occur. It is assumed that the contractor will provide meeting minutes, North Black Cat Project -Authorization for Additional Services Mo. 3 Page 2 L~ J-U-B ENGINEERS, Inc. Attachment `A' - f0.05-026 6. Construction Staking J-U-B shall provide one (1) set of construction control stakes in accordance with the approved plans for the pressure sewer and related structures. The Contractor shall be responsible for laying out all work and protection of the control staking. Re-staking will be performed on an additional time and materials basis. The following stakes will be provided: A. Easements: Limits of the temporary construction easements will be staked for contractor reference, B. Structures: Two building grid corners will be staked with three stakes (2 offset stakes). Manholes and special structures will be staked to either centerline or work point where applicable. Each stake will be marked with the cut/fill to the indicated elevation. C. Gravity and Pressure Sewer Pipelines: Stake at 100-foot increments and at all angle points beginning at connections. At each location, two (2) offset stakes will be provided with cut to invert elevation indicated. D. Site Plan Improvements: Grading swales, curb, culverts, and other drainage facilities will be staked. 5itework base and finished paving staking will be done at 50' grid and at grade breaks. C. Limited Construction Assistance Services J-U-B's level of effort during construction shall be as consultant to the City, who is acting as both the Engineer and RPR on the wnstruction Project(s). 1} Shop Drawing and Product Data: J-U-B will review shop drawing and product data submittals for general concurrence with the design concept and contract documents 2) Construction Administration: On an as-needed basis as requested by the City, J-U-B wiA assist the City in review of contractor pay estimates, claims, change order and work directive preparation, and other miscellaneous construction administration activities. 3) Agency Construction Coordination: J-U-B will assist in the coordination of various agencies during construction, namely, with Ada County Building Deparbnent, Meridian Fre Department, ACRD, and other agencies as needed during construction. 4) Environmental Inspections: J-U-B will review the Contractor's SWPP Plan. ]-U-B will conduct NPDES, SWPP, and Storm Water Pollution Prevention (SWPP) inspections weekly or within 24 hours of a rain event on the project(s). Each inspection will include the documentation of items in rnmpliance with the approved SWPP plan for the project and generally accepted guidelines using ITD form 2802. Coordination of inspection results will be conducted with the Contractor's designated Water Pollution Control Manager and copied to the City's RPR. Sources and waste sites will also be inspected in accordance with the approved SWPP plan. - 5) Construction Observation: J-U-B will conduct independent periodic observations of the Contractor's work in progress on an as-needed basis as requested by the ~ty or as determined by the J-U-B project manager. The intent is to provide additional senrices to the City's RPR during concrete placement, mechanical piping, and North Black Cat Project - Authorization jor Additional Services No. 3 Page 3 J-U-B ENGINEERS, Im. Attachment 'A' - 10-05-026 masonry. J-U-B will prepare summary observation reports to tfie City project engineer and City inspector. 6) Start-up/Close-out Procedures: ]-U-B will prepare a startup checklist and attend a walk through with the City. J-U-B will arrange for subconsultants to attend the meeting. A tentative punchlist will be prepared for City use. D. Record Drawings J-U-B will prepare record drawings from drawings received from the Contractor and City's RPR and J-U-B observation work. Two (2) mylar sets of the record drawings and one {i) CD will be delivered to the City for submittal to DEQ and City use. Each sheet will be sealed by a professional engineer with the disclaimer"These Record Documents have been prepared based on information provided by others. J-U-B Engineers, INC. has not verified the accuracy of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. The seal(s) of the registrants represent that the preparation of these documents was completed by staff under the registrants' supervision".. E. Subcansultants During construction of the facility, J-U-B will utilize services of below subconsultants listed below for reviewing shop drawings, product data, and general wnstruction consultation. The fee estimate shown on Attachment °B" is an estimate based on an assumed level of involvement: 1) Control Engineers -electrical, control, and instrumentation systems. 2) Elkhorn Engineers - mechanical heating and ventilation systems. 3) Houston-Bugatsch Architects - building specialties. 4) Geotechnical - Geotek SECTION 4 -FEE SCHEDULE Basis of Fee and Billing Schedule The CIiY shall pay J-U-B for its services and reimbursable expenses as follows: • Bid and Award Services Task 1, on a time and materials basis with an estimated budget ................................ $4,150 • Construction Services Task 2, on a time and materials basis with an estimated budget .............................$166,821 The basis for calculation of fees is presented in Attachment "B". \\Boisefiles\Public\ProjectManagers\PHK110-05-026-Meridian North Black CatWdmin\Contracts and Billing\add#3\attach A to addendum 3.doc North Black Cat Project -Authorization for Additional Services No. 3 Page 4 Y 1 R II .' 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"~ im ~ ~ ! ~ o~T NI ~ Q ~ w; ~ I • August 10, 2007 • CPA 07-003 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT City of Meridian Parks & Rec Department ITEM NO. 5-Z REQUEST Resolution -Request to amend the Comprehensive Plan Future Land Use Map by adding and amending the pathway locations for the Pathways Comprehensive Plan 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 a#tached 18esoluflon ~~ 5 ~~, Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings steal! become property of the City of Meridian. • CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. ®~ '- S < 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 BY ADDING AND AMENDING PATHWAY LOCATIONS FOR THE PATHWAYS NETWORK WITHIN THE CITY OF MERIDIAN; 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 by adding and amending pathway locations for the Pathways Network for the City of Meridian; 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 AS 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 for the Pathways Network, 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. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE PATHWAYS- CPA 07-003 Page 1 of 2 • ADOPTED by the City Council of the City of Meridian, Idaho, this ` 7 -day of fi~~-~ 2007. ti APPROVED by the Mayor of the City of Meridian, Idaho, this ~~day of w~~ , 2007. ATTEST: By: ~~~ William G. Berg, Jr., APPROVED: \`~~~,,~~~~o'~M~ayQrTa~'ii deWeerd ~ ~ o ~~® ~. ~~~ ~,~~ ~~~ ~ a~ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE PATHWAYS- CPA 07-003 Page 2 of 2 c~ k-~. U _I -` - . 1 r __ _F ~~~ Legend -- Pathways Existing y ............... Long-Term -~ Micro r. On Street -~, Proposed _~ -~-~ _ NORTH AAilas 0 025 0.5 7 1.5 ~~__ --- ~~i~E IDIAN~ '~~~® TheLong-Term seOmeM of NMe Mtle Creak Paaemy m Intotcoretrumbn upon retlevebpmerR o1 etljecem parties Pathway Network JUiy i~, aoo~ • i August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 5-AA REQUEST Public Works Budget Amendment for an Additional $310,000 for the Sewer Portion of Broadway Water and Sewer Improvements AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached u"1 ~ ~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. In U7 m ~~ ~ °g z ` ~~ 1 g 1 ~ 17~ `~ O 8 ~ o ~~ ~~ .. o~ ~~ ~ ~ r v g >>~~N11 ~:urff~~ ~ `````~ ~~ rl 'i ,, ,lf ~ ~ ~ ~` . ~ ~j J + ~ ~~ ~ _ i "' a ~ „~ `~ 4 ~: I~ . ,~l~trff lllillllt l~~ ~' I ~` , ~ N1 ~e W `~ ~ - ~ ~ d i ~ ~ t'i ~ o 3 ? i. ~ m x i t i 1 I ~ ' I ~ W A_ y ~ T~ ~~3 m v ~° ~~3~5 ~sc ~a ~~~~~~ n~, o ~~$ ~~,~ m~~~~~ .~ ~ ~,~'~ ~~~~~Z ~~mm~~ ~~ ~~ ~1~ ~ 6ii ~~,~, °~ ! i RECF;IVEID ~~~ o ~ zoo7 City Cf IVleridian City Clem ®f~ce Memo To: Will Berg; Tara Green p From: Kyle Radek, P.E., Staff Engineer ~/~- CC: File, Len Grady, Keith Watts Dane: 8!8/07 Re: Proposed Agenda Item for August 14, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 14 City Council agenda, under Consent Agenda, for Council's consideration: Budget Amendment for an additional $310,000 for the sewer portion of Broadway Water and Sewer Improvements. This project was bid after the 2007 budget was complete and mast of ff will be completed and paid before the 2008 budget is complete. Recommended Council Action: The Public Works Department recommends that City Council approves a budget amendment of adding $310,000 to the urban renewal- sewer account for the sewer portion of the Broadway Water and Sewer construction project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 ~~ ~ ~~~=u ~~~~ ~ ~~~~ g ~~ s ~~~ ~ ~~ ~ ~~~ ~~m~~~ ~~~ ~~ ~,~ ~~~~ ~ ~ ~~ ~~~~~ U 0 m j ~ G L__._ O W W~ 'SW~ ~~ ~m~ FW.y4 wUZg ~~ omWp ~ ? ~ ~ E~ d a w i ~ w r ~ o ~ A :t ~ ~ y ~° a € E `~ m ~ ~ ,,~ ~ 3 ~ ~ 3 j a w Z ~ ~ pz ~ ~ a ~ a a v gg e'3 v c ~ ~ ot ~ v~ ~ y. ~ ~ O ~ ~ ~ ~ I~ a s~ a n ~~~~ ~~m N , '{OQ~ V O ~~~~ ~~~~ °~ ~~ .~' c a li. °d O • • August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. Jr-BB REQUEST Public Works Change order No. 1 for the McMillan Water Line -Wild Goose to Palatine Project (Construction) with Star Construction, LLC for $3,436.21 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: ~/~ " I 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 mmais: Materials presented at public meetings shall become property of the City of Meridian. • • ~~~~~~ ~U~ o ~ 2~0/ Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Date: 8/08/2007 Re: Proposed Agenda Item for August 14, 2007 City Council Meeting ~;ity Of ~e~ than City clerk ®f'fice The Public Works Depariment respectfully requests the following item be placed on the August 14, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 1 for McMillan Water Line -Wild Goose to Palatine (construction) Additional work Is required for the completion of the McMillan Water Line -- Wild Goose to Palatine project (design). This change order consists of the following work and amounts to 0.06% of the construction contract: • Additional asphalt paving per ACRD requirements and larger size blow off. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the McMillan Water Line - Wild Goose to_Palatine project (construction) with Star Construction, LLC, for $3,436.21 and authorize the Mayor to sign iti Thank you for your consideration. Please contact me if you have any questions regarding this item. Originals will be sent for signature upon review. From the desk of... Max Jensen Engineering Techniaan Meridian Public Works Department B60 E. Watert°rwer, Suite 200 Meridian, Idaho 83642 Phone: (208)898-5500 Fax: (208)898.9551 jensenm@meddiancityag • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 1 PROJECT NO. 0645 DATE: 8/08/07 EFFECTIVE DATE: 8/08/07 CONTRACTOR: STAR CONSTRUCTION, LLC PROJECT: McMILLAN WATER LINE -WILD GOOSE TO PALATINE The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desclptlon: Additional asphalt paving per ACHD and larger size blow off. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional asphalt paving per ACHD requirements and larger size blow off. Attachements: Invoice from Star Construction with additional cost invoices. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $58,280.80 Original Contract Times: Net changes farm previous Change Orders Net changes form previous Change Orders No._0 to _0_ No., to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or data) $5ti,280.80 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order: (calendardays ordate) $3,436.21 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $59,717.01 RECO M ME N DED: (CONSTRUCTION MANAGER) ACC ED' (CI ~ O ... , { ~ / BY= / ~~IW~~"" By: Anvil Irminger Date: 8/8!07 Date: 8!8107 APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CrrY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: 08/0812007 10:10 2082867947 • STAR CONSTRUCTION ~ PAGE 81 Star Constrr~ctior~, L.L.C. P.U. Box fS7 .tt~r, zt~ 83G(9 ~''U8) 286-99913 BILL TO ~i~r +~# A~er~diaa +6b8 E. ~+a~ ~ Suite 289 i-'~et~d#aa, ~ i~F4~ I~r~or'ce riA3'E 8/'8/29Q7 IIV'~'U~CE # 102 ~.o. ~o. its ao~ ~~ to Mc ItiL; l (~rw,.- I~JG.'~-u' l..'~-+G - W : l~ ~s~Sc-'~a t~ct~a,~:~, ~1~13Ci~P't'~t3N ~ Q~'Y ~iV1T ltA~ AA~O=TN~' s6,~so.so 36,7.80 ~ ~ ~ ~ x,~6e.zs 2 ~6s.3s 2' P tap P~ ~ 667.93 lc,6793 'Total 559,7i,?.~l August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. Jir-CC REQUEST Mayor's Budget Amendment for State of City Fund Expenses 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. ti :K "~~ ~` ~ ~ i ..i ~~ ~~ ";" ~ f ~ r~ ~ ~, ., ~',~ ~o a c •~. ~~ a~ ':- '~ f ~i~ M1° ~ ~~ ti~~y `~`o~, s ~~~~ .~~~ m ~~ m~~~~.~ ~~~a~a ~3~~ ffi~. ~'~~ ~~~ e ~° ~ ~ ~~ ~~~~~ 33~ ~ s~ g ~ ~ ~ ~ V 8 ~~~~~ ~ ~ m~ 0 ~~m~a ~~~ August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT Police Department ITEM NO. 6-A-~ REQUEST Recognize Retired Police Officers 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: ~~~~ Date: Phone: Staff Initials: Materials presented at public meetings sf~ll become property of the Clty of Mertdtan. UDS ~~ August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Fire Department ITEM NO. 6-8-1 REQUEST Recognize Retired Firemen AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~~ CITY ATTORNEY CITY POLICE DEPT: ~G 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 properly of the City of Mertdian. • Officer Gary Scheihing Officer Gary Scheihing started with the Payette County Sheriff s Office in 1974. In 1981 he went to work for the Emmett Police Department. Gary was appointed Chief of Police at Emmett where he served with distinction for 13 years. In 1998 Gary came to work for the Meridian Police Department. During his time here he has been instrumental in getting our K-9 program and the K-9 Training Center up and running. Without his involvement, we would not be where we are today. After a career that has served the State of Idaho for 33 years and the citizens of Meridian for 9 years, it is an honor to wish you all the best and to say thank you for your service to our community. Sergeant Dwight Hosford Sergeant Dwight Hosford started his career with the Meridian Police Department in August of 1981 when he came on to the department as a reserve officer. DWlght served as a reserve until July of 1984 when he was hired as a full time officer. During his career, Dwight has worked in patrol, investigations, and as a school resource officer for Meridian High School, before being promoted to Sergeant in 1998. I know that he has very fond memories of his time spent at the high school. Since that time he has served as a supervisor for patrol, the school resource officer program, and our traffic team. In addition he has coordinated law enforcement activities for our parades and other special events in town. Dwight was awarded a Meridian Police Department Unit Citation for his help in the Thorngren homicide investigation in 2003. With 26 years of service to the people of Meridian, thank you Dwight for your commitment and service to the people and city of Meridian. • Captain Sam McEvoy Captain Sam McEvoy began his career in November of 1987 as a Volunteer Firefighter. Six years later in 1993 he was hired as a Full-time Firefighter, giving him a combined total of 20 years of service to the department. Sam was honored with the Rookie of the Year in 1987 and the Firefighter of the Year in 1989 by the Meridian Fire Department. In addition, Sam has given back to the community serving as Chairman for Meridian Fire Department MDA Fill-the-Boot fundraiser for 10 years, was a Fire Prevention Educator for Meridian Fire Department for 5 years, and served as a community CPR instructor with the American Heart Association. Sam, I say thank you for your 20 years of service to the city and people of Meridian • M August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Mayor's Office ITEM NO. 6-C-1 REQUEST Follow Upon Pine Street School House Request from July 24, 2007 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • M AAeridian City Council July 24, 2007 Page 61 of 69 presentation by the Commission, but tonight they want to do that, because there was a time - a window of opportunity to do this and they needed your approval to do that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It sounds fantastic to try for it now, unless you have got some idea of why there might be a concern. I think let's do it. Nary: Madam Mayor, Members of the Council, Councilmember Borton, we don't. I think it is a good - I think it's a good opportunity, they just need your -your folks' permission to go forward and, again, they would have to bring it back to you before we could finally approve it. De Weerd: Do we need a motion? Berg: I move we unplug David Zaremba's laptop computer. Nary: No. If your direction is to go forward, again, you will have the final approval, so you will have that. Bird: Get it going. De Weerd: Sounds like get it going. Council, in front of you you have - on your computer - Zaremba: Yeah, we did. The noise stopped when I -- it diminished when I turned it off and stopped entirely when I unplugged it. De Weerd: Way to go. We appreciate you being proactive. Zaremba: I wish I would have discovered that an hour ago. Bird: My ears are still ringing. F. Mayor's Office: 1. Pine Street School House Request: De Weerd: In your packet you had information about the request for the Pine Street school house. I guess I am seeking your direction on this request. Now, the request shows the total expenses and that's not necessarily the intention of the school district to request, they are asking for help in the site that the school -- the school is being moved Meridian City Council July 24, 2007 Page 62 of 69 to and so any of that amount that you would be willing to help offset would be greatly appreciated. Bird: The 65,000 -- Mayor, I think that's what it was. Bottom line 65,000. De Weerd: Yeah. Borton: At the request of the district did we help fund some or all of that? De Weerd: Yes. They have the moving expense -- the moving expenses covered. This would be kind of the hook up, the foundation it would sit on, some of the finishing work to -- to present the school. Bird: Mayor? De Weerd: Yes, Mr. Bird. Bird: Without having that in front of me again, but I seen something in there by the construction company -- and don't get me wrong, I don't blame them, but they had something like almost 11,000 in profit and overhead. I don't know if we are talking about the same project or not. De Weerd: Council, what I could do is -- Bird: Put your foundation in and stuff. And I don't like somebody to say, you know, help us what you can. I'll give them 65 cents of something like that. I like to know how much they want. De Weerd: Well, Iwill -- after exec session I will grab it from my office. I didn't bring it, because it was to be right in front of you. It was in your packet. Bird: It was? It's right here. De Weerd: Uh-huh. It was in your packet. Bird: General conditions, overhead, and profit, 10,650.45. I just can't believe that no one -- that construction company -- they take a lot less than that, because of their -- De Weerd: Mr. Berg -- and any amount -- in fact, there was some amounts that would clean up the property it's sitting on, which would not be something the city would feel a responsibility for, but I guess what the superintendent has requested is to look at those costs and to help offset the cost of -- for the site that the school would be moving to and since you knew more about the construction than I did, I thought maybe you would feel Meridian City Council July 24, 2007 Page 63 of 69 comfortable dissecting those out. Now, I could with a good guess, but I decided I would not go there. Bird: I would be glad to sit down with Bennett. I mean I just -- I hate somebody to come in and say, well, give me what you can, because they know an amount they want. They know what they got to -- De Weerd: Well, then, they would love the whole amount. Bird: I know that. I absolutely know that. But, then, also I can also look back on this -- and Iknow it's not probably right, but there has also been done before -- give me a bid of what you'd charge me to do this, so I can take it and get this guy to pay it and you're only going to charge me half. I'll get half from them and, then, I don't have to pay anything. And I know that's not what's being done. But, anyway, let's find out what they need and what they want. We made a statement in 1993, the city did, along with the school district, that we'd maintain that school. Well, it's sitting on two nice of property to be staying there. The school district had found a nice property. I believe we need to help finance it. De Weerd: Well, Council, it sounds like Councilman Bird knows this industry and perhaps he can get with the school district, dissect out what they would appreciate our help with and bring it back to Council. Bird: Do you want me to get to Wendell Bigham? Is that who you want me to talk to? De Weerd: Uh-huh. Bird: I will be glad to. But it's not going to be this week. De Weerd: No. We don't meet again for another -- Bird: Three weeks. De Weerd: -- three weeks. So, we can -- we can bring this back on the 14th. Bird: You know, I know most of you don't know the history, but we -- the city and the school district put that up in '93, that was one of our projects as the centennial and I feel that we are obligated to help the school district move it there. They have given us the ground to put it back on, so -- and it's something that our children have truly enjoyed. De Weerd: Uh-huh. Well, Mr. Bird, if you don't mind doing that, we will just reset it in three weeks. Bird: I will see how much we can get -- how much we need. ! +~ Meridian City Council July 24, 2007 Page 64 of 69 De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And I just want to point out, this Council did have a discussion back in February. I did located the minutes -- about this particular issue, on February 27th, about the moving and Mr. Bigham was here at that particular time and at that particular juncture they thought all of this stuff was donated and that's what was stated to the Council, that -- because if you recall, the Planning and Zoning Commission directed that this be part of a development agreement, so it would be moved prior to the rezone of the school building, and you folks were concerned about this move and so that was what they had stated at the time. Obviously, there has been some change, so I just wanted you to know you have had this discussion with them before, but it might be better if they actually came specifically to talk about that. Bird: That's why I was quite shocked when I got to seeing that bid, I'm going -- De Weerd: Me, too. Nary: Yeah. It was February 27th was the discussion, so -- Item 14: Ordinance No. Garage Sale Ordinance: Item 15: Ordinance No. Manor and City Council Comuensation Amendment: De Weerd: Well, there is a couple different ones, so you're just following my lead. Ordinances 14 and 15 -- actually, I will just split them out. Counsel -- yes. Nary: Madam Mayor, actually, Item 15 -- there are two ordinances. De Weerd: Yeah. Fourteen and fifteen. Nary: No. No. No. Of the Mayor and Council compensation, there is two different ordinances. So, I'm not sure why they are combined in one title, but there is actually one for the Mayor, because it's a different section of the code, one for the Council. The revised ordinance that's in front of you was your direction at the -- for the Council one was to not have an increase in it and the Mayor one was the increase that was recommend by the citizens' committee, but there is actually two different ordinances that you should have. So, I would recommend that you pass them by separate number, so that you can find them separately. August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Mayor's Office ITEM NO. 6-C-2 REQUEST Introduce Interim Parks Director 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 SGHOOL 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 ~~~ ~~o~~`J- OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become property of the City of Meridian. • August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Parks Department ITEM NO. 6-D-1 REQUEST Budget Amendment and Change Orders for MYB AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meeflngs shall become property of the Cffy of Mertdian. ~~ ~v o° z~ ~c ~, m '~~ fl m O m -i ~© O ~m .~ 0 m~ ~~ Os ~~ ~..lUl J "~ 0 S '~. ~~/ ~, 'r.. f,~ .~.. 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CD 491 ~ o:a~ ~ p ~~go ~~ ~~~~~~~ ~ ~ ~' ~ ~ ~~ ~ ~ ~~ ~ r `~ f3 3 ® ~'w c~ ~a ~ ~~' ~~ ~-~ ~ ".' ~ ~; ~s ~~ _~ s ~~ ~~ ~~~ ~ ~~ ~~~~ ~~ .~ ~~~ w ~~ 0 ~~ ~~ ~~ .~ $ ~~ .~ ~~ ~ ~ ~~~ ~~~~ ~ ~ ~~~~~ ~ ~. ~~ zW wUOZo O~U ozm~u ^?~~- r s ~' ~ ~ ~~~ .~ m s a~.~ l9 p $.~ ~~ ~~ ~ . ~ m F 0 m ~~ ~~ ~~ ~~ ~~ C~ .. .. .; n a O ~~ ~~ ~~ ~~ • August 10, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT City Council President ITEM NO. 6-E-1 REQUEST Meeting Format Discussion 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: ~ ~ U~~~UtV~~ ~"~~~~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall becJ~t~Y! prppi~tty of fem. City of Meridian. • • August 10, 2007 FP 07-022 MERIDIAN CITY COUNCIL MEETING APPLICANT Winston Moore ITEM NO. 8 REQUEST Final Plat approval for 28 single-family building lots and 4 common lots on 10.57 acres in an R-4 zone for Sundial Subdivision -west of N. Linder Road and south of W. Ustick 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 the City of Meridian. COMMENTS See attached Staff Comments No Comment See attached Comments • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GEMSTAR PROPERTIES, LLC FOR FINAL PLAT APPROVAL OF 28 SINGLE- FAMILY BUILDING LOTS AND 4 COMMON LOTS ON 10.57 ACRES IN AN R-4 ZONE LOCATED WEST OF NORTH CINDER ROAD AND SOUTH OF WEST USTICK ROAD IN THE SW 1/ OF THE NE 1/ OF SECTION 2, T. 3N., R.1W. C/C August 14, 2007 CASE NO. FP-07-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 14, 2007, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 14, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SUNDIAL SUBDIVISION LOCATED IN THE SW 1/ OF THE NE '/ OF SECTION 2, T., 3N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/10/07, ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION / (FP-07-022) Page 1 of 4 • • SHEET 1 OF 2, STANLEY CONSULTANTS", GEMSTAR PROPERTIES, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 14, 2007, listing 8 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Gemstar Properties, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their August 14, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; thatrun-off is not to create a mosquito breeding problem; and it is suggested that the stonmwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION / (FP-07-022) Page 2 of 4 • 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION / (FP-07-022) Page 3 of 4 • 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 n day of ~u~~}- , 2007. Illll~ulfllfffff~ a ~~~ s ATTES ~ °~~~ LIAM G. BERG, JR., ITY ~,LE %ii ~ ~ ~~~ ° ~ l ems` s o` ®~ O~,B4~/f'j~f/flf9l 11111111\``\` ` Copy served upon: /~ Applicant ~_ Planning Department /' Public Works Department City Attorney By:~(3~~,_C~ City Clerk's Office de WEERD Dated: ~-30-O-I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDIAL SUBDIVISION / (FP-07-022) Page 4 of 4 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: August 14, 2007 Transmittal Date: August 8, 2007 Mayor and City Council Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 Sundial Subdivision Request for Final Plat Approval of Sundial Subdivision Consisting of 28 Single- Family Residential Building Lots and 4 Common Lots on 10.57 Acres in an R-4 Zone, by Gemstar Properties. (File# FP-07-022). submittal and offer the following comments and conditions of the applicant. ie considered in full, unless expressly modified or deleted by motion of the APPLICATION SiJNIlVIARY & LOCATION The applicant, Gemstar Properties, has applied for final plat approval of 28 single-family residential building lots and 4 common lots on 10.57 acres of land for Sundial Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 2.84 dwelling units per acre and the net density is 3.85 dwelling units per acre. Sundial Subdivision is located approximately 1/3 of a mile west of N. Linder Road and approximately 1/4 of a mile south of W. Ustick Road, in the SW % of NE '/ of T. 3N., R.1 W., Section 2. This property has not been previously platted. The City Council approved the preliminary plat for Sundial Subdivision on April 17, 2007 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Sundial Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved Sundial Subdivision preliminary plat (PP-06-060), as well as the Cairns Property annexation and development agreement (Inst. No. 94108841). Z. The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's signature has not been obtained. The applicant has indicated that Nampa and Meridian Irrigation District (NMID) will own and operate the required pressurized irrigation system in this development. Therefore a fax from NMID indicating plan approval, pressure irrigation system ownership and approved license agreement shall be submitted prior to scheduling of apre-construction meeting. ~,. ~, ~~ ~" r~ ~s ~~ ~ , n 4 . ~~a~' r ~~~ Exhibit "A" FP-07-022 Sundial Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. The contractor selected to install the water and sewer mains must be in possession of a current, valid Public Works Contracting License. 7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. Revise or add the following plat notes on the face of the plat prepared by Stanley Consultants, and dated 4/19/07: (*.) Add note to face of plat, "This plat is subject to a development agreement recorded as Instrument Number 94108841 of Ada County Records." (*.) Place a note on the face of the final plat stating that all buildable lots in the proposed subdivision shall be a minimum of 170 feet from the base of the existing cell tower. 10. The landscape plan, prepared by The Land Group and dated 1/15/07, shall be revised as follows: a. Revise plan to center the pathway on Lot 6, Block 2, so that a minimum of five (5) feet of landscaping is on either side per UDC 11-3B-12C. b. Revise plan to include deciduous trees planted every thirty-five (35) feet on either side of the pathway on Lot 6, Block 2. No evergreen or Class III trees shall be allowed. Trees shall be pruned with a clear branching height of at least eight (8) feet above the path surface per UDC 11-3B-12C. c. Revise plan to include fencing along both sides of Lot 6, Block 2. Fencing may be six (6) feet open vision or four (4) feet closed vision under UDC 11-3A-7A.7. d. Include the fencing details on the face of the plan (i.e. construction materials, & picture/sketch). e. Include tree class in the plant palette. f. Revise the calculations table to accurately depict the required changes. Exhibit "A" FP-07-022 Sundial Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 7. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. 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. Exhibit "A" FP-07-022 Sundial Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. 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 months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundial Subdivision (FP-07-022) with the above stated conditions. Exhibit "A" FP-07-022 Sundial Subdivision FP.doc PAGE 4 v Page 1 of 2 Kristy Vigil From: Scott Noriyuki [scoff@thegemstar.com] Sent: Tuesday, August 14, 2007 2:21 PM To: Kristy Vigil Subject: FW: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG Importance: High Kristy - As requested, please find my response to the Staff report for Sundial. Thank you and feel free to call anytime with questions. Scott From: Scott Noriyuki [mailto:scott@thegemstar.com] Sent: Tuesday, August 14, 2007 10:11 AM To: 'Bilderback, John' Subject: RE: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG John - I have reviewed the staff report for the proposed Sundial Subdivision Final Plat and agree with all conditions. i will not be able to attend this hearing tonight and am hoping that yourself or someone from your firm can represent Gemstar. Please forward this email to Meridian P&Z Staff to ensure they have on record Gemstar's acceptance of the conditions. Thank you and feel free to call anytime with questions. Scott From: Bilderback, John [mailto:BilderbackJohn@stanleygroup.com] Sent: Thursday, August 09, 2007 4:04 PM To: Scott Noriyuki Subject: FW: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG Importance: High FYI From: Jennifer Veatch [mailto:veatchj@meridiancity.org] Sent: Thursday, August 09, 2007 3:46 PM To: Tara Green; Will Berg; Sharon Smith; Machelle Hill; C. Caleb Hood Cc: Ted Baird; Bill Nary; Bilderback, John Subject: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG Please find attached the staff report for the proposed Sundial Subdivision Final Plat for Gemstar Properties (FP-07-022). This item is scheduled to be on the City Council agenda on August 14, 2007. The public hearing will be held at City Hall, 33 E. Idaho Avenue, beginning at 7:00 pm. Please call or e- 8/14/2007 exhibit "B" i • August 10, 2007 FP 07-023 MERIDIAN CITY COUNCIL MEETING AugUSt 14, 2007 APPLICANT Vacation Villas, LLC ITEM NO. 9 REQUEST Final Plat approval for bmulti-family building lots and 5 common lots on 5.17 acres in an L-O zone for Waverly Place Subdivision - 2510 Magic View Court 955 W. Ustick 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 the Cify of Meridian. COMMENTS See attached Staff Comments No Comments See attached Comments BEFORE THE MERIDIAN CITY COUNCIL C/C August 14, 2007 IN THE MATTER OF THE APPLICATION OF VACATION VILLAS, LLC FOR FINAL PLAT APPROVAL OF 6MULTI-FAMILY BUILDING LOTS AND 5 COMMON LOT5 ON 5.17 ACRES IN AN L-O ZONE LOCATED AT 2510 MAGIC VIEW IN A RESUBDIVISION OF A PORTION OF LOT 6, AMENDED MAGIC VIEW SUBDIVISION IN THE 5W '/ OF THE NE % OF SECTION 17, T., 3N., R. lE. CASE NO. FP-07-023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 14, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 14, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WAVERLY PLACE SUBDIVISION A RESUBDIVISION OF A PORTION OF LOT 6, AMENDED MAGIC VIEW SUBDIVISION LOCATED IN THE SW '/a OF THE NE '/a OF SECTION 17, T., ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR WAVERLY PLACE SUBDIVISION / (FP-07-023) Page 1 of 4 3N., R. lE., BOI5E MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 06/28/07, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", VACATION VILLAS, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 14, 2007, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their August 14, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; thatrun-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WAVERLY PLACE SUBDIVISION / (FP-07-023) Page 2 of 4 • ~ obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WAVERLY PLACE SUBDIVISION / (FP-07-023) Page 3 of 4 • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~"~ da Y of ft1~(,~1.1~ ~ , 2007. `a~ ~~rA~ ATTEST: R ~ ` u~~ LIAM G. BERG, JR., ALE ~~,~~' s ~ ` v ~`\ 11111 Copy served upon: / Applicant Planning Department ~ Public Works Department -~ City Attorney City Clerk's Office de WEERD Dated: ~'~o'~r-I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WAVERLY PLACE SUBDIVISION / (FP-07-023) Page 4 of 4 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r ~ 7 STAFF REPORT: Hearing Date: August 14, 2007 Transmittal Date: August 9, 2007 ,~ ,k« ~~11 ~ ,. TO y ~~ : Mayor and City Council ~ FROM: Kristy Vigil, Assistant City Planner k4'`~,?S'sr ~diF,!4fA'vP.;'~,i',.vJ-_`9', 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Waverly Place Subdivision Request for Final Plat Approval of Waverly Place Subdivision Consisting of 6 Multi-Family Lots, 1 Clubhouse Lot, and 4 Common Lots on 5.17 Acres in an L- OZone by Vacation Villas, LLC (File# FP-07-023). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Vacation Villas, LLC, has applied for final plat approval of 6multi-family lots, 1 clubhouse lot, and 4 common lots on 5.17 acres of land for Waverly Place Subdivision. The zoning district for the proposed subdivision is L-O (Limited Office District). Waverly Place Subdivision is located at 2510 Magic View Court, approximately a %z mile west of Eagle Road and a %z mile north of Interstate 84 in the NE '/a of Section 17, T. 3N., R. lE. This property was previously platted as a portion of Lot 6 of Amended Magic View Subdivision. A Conditional Use Permit was approved for this site that allows for 24 multi-family residential dwelling units within 6 four-plexes in the L-O zone. The City Council approved the preliminary plat for Waverly Place Subdivision on March 13, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Waverly Place Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, annexation (AZ-06-047), preliminary plat (PP-06- 049), and conditional use permit (CUP-06-030) for this subdivision. 2. I The Final Plat approval for this subject phase shall expire on 03/13/09, if the City Engineer's signature has not been obtained. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized Exhibit "A" FP-07-023 Waverly Place Subdivision FP.doc PAGE 1 C: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family units and the clubhouse building. The multi-family units may be combined in one CZC or submitted sepazately for approval. 5. The subject final plat shall be recorded prior to issuance of Certificates of Zoning Compliance. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that shaze a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 7. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed from the site. 8. Include the instrument number for the vacated right-of--way on the face of the plat. 9. Graphically depict the easements for the required 20-foot wide landscape buffer along the eastern, northern, and western perimeter on the face of the plat. 10. Graphically depict on the face of the final plat the required 10-foot wide landscape buffers along both sides of E. Magic View Drive, E. Greiner Street, S. Mattingly Avenue, E. Bowstring Street, and S. Fiddle Avenue. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 12. Revise or add the following note(s) on the face of the plat prepazed by Engineering Solutions, LLP, stamped on 06/28/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 12.) Revise to include who is responsible for the maintenance of said lot. *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to the eastern, northern, and western boundaries. *.) Add a note addressing the maintenance responsibilities of the 10-foot wide landscape buffers adjacent to E. Greiner Street, S. Mattingly Avenue, E. Bowstring Street, and S. Fiddle Avenue. *.) Add a note, "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage entity." 13. The landscape plan, prepazed by Harvest Design and dated 06/26/07, shall be revised as follows: a. Depict the required landscaping on Lots 3 and 6, Block 2 on the face of the plan. The landscaping within the lots shall meet the standards set forth in UDC 11-3B-8C. Exhibit "A" FP-07-023 Waverly Place Subdivision FP.doc PAGE 2 i ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT The landscape buffers adjacent to Magic View Drive and the 20-foot wide landscape buffers adjacent to the perimeter of the subdivision are required subdivision improvements and shall be installed prior to occupancy of the first building. The required 10-foot wide landscape buffers adjacent to the local streets must be installed with each individual CZC, prior to occupancy. 14. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 15. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stortnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 16. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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. Exhibit "A" FP-07-023 Waverly Place Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered bacl~ll, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOMMENDATION Staff recommends approval of the final plat for Waverly Place Subdivision No. 1 (FP-07-023) with the above stated comments and conditions. Exhibit "A" FP-07-023 Waverly Place Subdivision FP.doc PAGE 4 NGINEER/NG planningand engineering crommun~eslor~iefuture OLUTIONS~ August 13, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Waverly Place Subdivision File No. FP-07-023 Dear Mayor and Council: 1026 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@gwest.net We have reviewed the recommendations for the City Council meeting of August 14, 2007, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. Understood. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. C:\Documents and Settings\greent\I.ocal Settings\Temporary Internet Files\OLK9E\Waverly Place FP-07-023 Ex B.doc Mayor and City Council August 13, 2007 Page 2 14. The applicant will comply. 15. The applicant will comply. 16. Noted. STANDARD CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. We appreciate staff's review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM: ss cc: Vacation Village Villas, LLC C:\Documents and Settings\greent\I.ocal Settings\Tempordry Internet Files\OLK9E\Waverly Place FP-07-023 Ex B.doc August 10, 2007 COMMENTS MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Vacation Villas, LLC ITEM NO. 1 ~ REQUEST Vacate the existing right-of-way of Magic View Court for Waverly Place Subdivision - 2510 Magic View Court 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: See attached Staff comments Date: VAC 07-010 Phone: Staff Initials: Materials presented at public meetings shall become properly at the City of Meddlan. August 10, 2007 AZ 07-007 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT LandPro Development, inc. ITEM NO. 11 REQUEST Public Hearing -Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar G Wapoot - 24~ West Wapoot Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CffY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached P8~Z i#em Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubdc meetings shad become property of the Cdy of Meridian. August 10, 2007 AZ 07-010 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Ah{qu{st Development, LLC ITEM NO. ~Z REQUEST Public hearing -Request for Annexation and Zoning of 6.67 acres from an Ri zone to a C-G zone for Gardner-Ahlquist Gateway South -southeast comer of Franklin and 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 GOUNTY 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 P8~Z Item Paeket /Minutes See attached Recommendations OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 PP 07-012 APPLICANT Ahlquist Development, LLC ITEM NO. 13 REQUEST Public Hearing -Request for Preliminary Plat appr®val of fi lots gn 6.67 acres in the proposed C-G zone for Gardner-Ahlquist Gateway South -southeast comer of Franklin and Eagle Roads AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached P&Z Item Packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meriden. Augus# 10, 20{}7 PP 07-011 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. 14 REQUEST Public Hearing -Request f®r Pretimin®ry Plat aptar®val for 18 commercial building Pots on 18.5 acres in a C-G zone for Paramount Commercial Southwest -north east comer of North Linder- Road and West 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: MERiD1AN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEI7LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See aHached P&Z Item Packet /Minutes See attached Recommendations See attached Comments MERIDIAN POST OFFICE: OTHER: See cstttached ~--ffidavit of Posting Contacted: Emailed: Date: Phone: Staff Initials: Mater~rs presented et pubic meetings shad become properly of the CNy of Meridian. Augusfi 10, 2007 ~~ 077 MERIDIAN CITY COUNCIL MEETING Avgust 14, 2~7 APPLICANT Ustick Marketplace, LLC ITEM NO. 1 ~ REQUEST Public Hearing -Miscellaneous application to Modify the DA to remove the CUP requirement for all commercial development in the C-G zone and instead require design review approval of all commercial development in the C-G zone for Paramow~t Commercial SW -NEC of N. Linder ~ W. 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: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Comments No Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Mat®rldls {~reserote~d at public m~gtings sh®q b~c~ne p~ro~rfy of the Cify of Meridian. August 10, 2007 VAR 07-015 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT Heran River Development, LLC ITEM NO. 1 ] REQUEST Public Hearing -Variance to allow 15-foot wide street side setbacks to be measured from property [ine instead of back of sidewalk for Crassfleld Subdivision - 955 W. Ustick 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 Sew aftashed ~ntafl frgm Pl®nning 1Vo comment Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the Glfy of Meridian. August 10, 2007 MI 07-010 MERIDIAN CITY COUNCIL MEETING August 14, 2~7 APPLICANT Hotel Developers -Boise, LLC ITEM NO. 18 REQUEST Public Hearing -Miscellaneous application to M9dify the existing 9evel®p- ment Agreement for Hampton [nn 8~ Suites to a[[ow aR principa[[y permitted uses within the C-G District for Hampton Inn 8 Suites Addition - $15 $~ $75 S. Allen Street $2$70 E. Freeway 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: See attached Comments MERIDIAN POST OFFICE: OTHER: Affidavit of FOStinc~ Contacted: Emailed: COMMENTS See alfaeh~d Staff CoFnme~ No Comments Date: Staff Initials: Phone: Moteriois Aresented ®t ~~h>is meetings shAN be~eme ~raAerty gf the Giiy of Meridion. • August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 2O REQUEST Ordinance -City Council Compensation Ordinance 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 Ordinance ~ 33~ w`r b~, ~,6r~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ~ ~®l BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 9, MERIDIAN CITY CODE, REGARDING COMPENSATION FOR THE CITY COUNCIL MEMBERS OF THE CITY OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to M.C.C. 1-6-5 (C) and 1-7-9 (C) to appoint a citizen committee to review Mayor and City Council compensation prior to each Mayoral election; and WHEREAS, the City Council did establish a committee of seven (7) citizens to review and recommend any changes to compensation for the Mayor and City Council positions for the calendar years of 2008, 2009, 2010, and 2011; and WHEREAS, the Committee of citizens did meet to review and discuss the current compensation for Mayor and City Council positions on May 30, June 20, and July 2 2007; and WHEREAS, the Committee at such meetings stressed strongly that wage increases for the City's elected officials should be consistent with the wage increases afforded to all employees; and WHEREAS, the Committee also considered baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the Committee, the current and potential impact to the City's budget, performance of the elected official while in office, and expectations of the public in general for the position that is being evaluated; and WHEREAS, the Committee discussed and debated all the various concerns in presenting a final majority decision; and WHEREAS, the Committee after such meeting by formal motion and vote did approve the recommended amended ordinance; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 9, Meridian City Code is hereby amended to read as follows: City Council Compensation Amendment Ordinance Page 1 of 3 1-7-9: COMPENSATION: A. The annual compensation of the members of the city council shall be as follows: w~~..a .......».,... ~ _, _., ..... • ~ 1. Each member of the city council shall receive an annual salary of nine thousand dollars ($9,000.00), effective on and after January 1, 2007. ~: 2_Salary will be paid in equal monthly amounts. B. The city council shall receive the same employee benefits as all full time city employees, except for the accrual of vacation or sick leave, and any other benefits as directed by the city council. C. Human Resources shall be tasked to form a A committee comprised of no less than s~ five 5 various citizens, business leaders, and former elected or appointed officials of the city of Meridian sl3all~~d prior to the budget workshop during every ye municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the mayor and city council. The Committee may consider any or all of the following in making such recommendation• baseline salaries in comparison to select cities, approuriate increases or decreases based upon the market as determined by the Committee, the current and potential impact to the City's budget performance of the elected official while in office recent or current increases afforded to all other Crtv employees and expectations of the~ublic in general for the position that is being evaluated. The membership of the committee maybe determined by the city council with input from the mayor. The city council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~~~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~~ , 2007. ~ _ City Council Compensation Amendment Ordinance Page 2 of 3 ATTEST: ~ `~~~~ ~~~ ` ~,~ ~~~ E ¢~ }~ CITY CLERK = ~'~~ ~~. ;~ ~~~i~rrrrarai ii++°+'°°k°~ City Council Compensation Amendment Ordinance Page 3 of 3 August 10, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. Z1 REQUEST Ordinance -- mayor Compensation Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ I CITY PARKS DEPT: ,f MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DI STRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. August 14, 2007 CITY OF MERIDIAN ORDINANCE NO. ~ ~~ ~ ~~/ f BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 5, MERIDIAN CITY CODE, REGARDING COMPENSATION FOR THE MAYOR OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to M.C.C. 1-6-5 (C) and 1-7-9 (C) to appoint a citizen committee to review Mayor and City Council compensation prior to each City election; and WHEREAS, the City Council did establish a committee of seven (7) citizens to review and recommend any changes to compensation for the Mayor and City Council positions for the calendar years of 2008, 2009, 2010, and 2011; and WHEREAS, the Committee of citizens did meet to review and discuss the current compensation for Mayor and City Council positions on May 30, June 20, and July 2 2007; and WHEREAS, the Committee at such meetings stressed strongly that wage increases for the City's elected officials should be consistent with the wage increases afforded to all employees; and WHEREAS, the Committee also considered baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the Committee, the current and potential impact to the City's budget, performance of the elected official while in office, and expectations of the public in general for the position that is being evaluated; and WHEREAS, the Committee discussed and debated all the various concerns in presenting a final majority decision; and WHEREAS, the Committee after such meeting by formal motion and vote did approve the recommended amended ordinance; and NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 6, Section 5, Meridian City Code is hereby amended to read as follows: Mayor Compensation Amendment Ordinance Page 1 of 3 1-6-5: COMPENSATION: A. The annual compensation of the mayor shall be as follows: • ~ , ° ~. ~.~.. > >> _pp~ 1_The mayor shall receive an ~~~° „°r°°~*'G0 =` increase to the annual salary on January 1, 2007, for a total annual salary of sixty three thousand six hundred sixty nine dollars ($63,669.00). 4 2. The mayor shall receive an increase to the annual salary A:BA}, effective on and after January 1, 2008, consistent with the beginning of the mayor's term of office, the salary shall be sixty-six thousand, eight hundred and fifty-three dollars ($66,853.00). 3. The mayor shall receive an increase to the annual salary on January 1, 2009, for a total annual salary of seventy thousand, one hundred and nine -five $70,195.OOZ ~. 4. Salary will be paid in equal monthly amounts. B. The mayor shall receive the same employee benefits as any full time city employee, except for accrual of vacation or sick leave, and any other benefits as directed by the city council. C. Human Resources shall be tasked to form a A committee comprised of no less than ~7} five 5 various citizens, business leaders, and former elected or ap o officials of the city of Meridian ~~ prior to the budget workshop during every ~~°~-~ °~ ° °~ °r~t municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the mayor and city council. The Committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, app~riate increases or decreases based upon the market as determined by the Committee, the current and potential impact to the City's budget, performance of the elected official while in office, recent or current increases afforded to all other Cit~ployees, and expectations of the public in general for the position that is being evaluated. The membership of the committee maybe determined by the city council with input from the mayor. The city council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Mayor Compensation Amendment Ordinance Page 2 of 3 Section 2. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~2~'~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this -~-- v day of ~~~ , 2007. 1~„ `~~`~`~ I~.-, ATTEST: ~``~ '~~ `" '`~ ~ ~~~ :~,~ _ CITY CLERK - -~ '~ ~' ~ a',a `/`',111j1JJJICI Pf49911~11~`~\0 Mayor Compensation Amendment Ordinance Page 3 of 3 ~ i August 10, 2007 RZ 07-009 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT Joint School District No. 2 ITEM NO. 22 REQUEST Ordinance -Request for a Rezone of 24.69 acres from I-L to C-G zones for Jabal Southeast - 1303 East Central Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance D Date: Phone: _ Staff Initials: Materials presented at public meeHnps shah become property of the City of Meridian. ~ ADA COUNTY RECOI;DER J. D~ BOISE IDAHO 08123107 04:44 Pm DEPUTY Qail Qarrett RECORDEO=REQUEST OF Meridian Clay Correction of Ordinance Number and Approval of Ordinance No. 07-1332 NAYARRO AMOUNT .00 19~' 11 ~57~ I, William G. Berg, Jr., certify that I am the custodian of records for the City Clerk's Office of the City of Meridian, Idaho. I further certify that the attached Annexation Ordinance for Jabil Southeast RZ 07-009 has been re-approved on August 14,2007 to correct a duplication of Ordinance Number 07-1328 on July 24, 2007, which was recorded under Instrument No. 107106318. Re-approved by City Council on August 14, 2007. Corrected Ordinance No. 07-1332 I hereby certify that the aforementioned action is true and correct as to the official records on file with the City of Meridian. ~~\\\F°°°°°°9~~~~;;~ Dated this 14th day of August, 2007 William G. Berg, Jr City of Meridian STATE OF IDAHO, } ss. County of Ada ) Op •`d ~ ~~Cb ~.. m ~m~~~ _ - €ity rk ~~`~ .. ., ski,/~~1/lPltilf lll9i\\\\````` On this /5`~h day of .~ 7L~~a~1,S`~ , 2007, before me, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the 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. ADA COUNTY RECORDER J.~" '9 NAVARRO AMOUNT .00 6 BOISE IDAHO 07!27/01 12:0 ~,-„~ DEPUTY L(sa Irby RECORDED-REQUEST OF Meridian City 10711~~31 ~ CITY OF MERIDIAN ORDINANCE NO. a 7' ~ 3 Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT THE JOINT SCHOOL DISTRICT N0.2, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-009 - JABIL SOUTHEAST RE-ZONE) FOR REAL PROPERTY BEING A PORTION OF PARCEL "A" OF RECORD OF SURVEY N0.6631, SITUATED IN THE SE 1/ OF SECTION 18, 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 USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L(LIGHT INDUSTRL~I. DISTRICT) 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 re-zoning by the owner of said property, to-wit: Joint School District No. 2. SECTION 2. That the above-described real property is hereby re-zoned from I-L (Light Industrial District) to C-G (General Retail and Service Commercial) 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 JABIL SOUTHEAST - RZ-07-009 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 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 S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z~ may of ~~ % , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~day of ~~~ , 2007. MAYOR de WEERD RE-ZONE OF JABIL SOUTHEAST - RZ-07-009 Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) ®~ ~ ~A `sue®``a~ ~~ 8B~4d°i ~ ~. ; ~ _ Ala CITY CL~ ~ ,~ ~' ~~ ~ Y 4~~ ~ 4°~` ~~ ®~ ~i d' ~~i `~o //~rrrrrrlff4 f19Gr~4~~y~q On this l~~ day of u L , 2007, before me, the undersigned, a Notary Public in and for said Stat ,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. V`~n~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ ~(°~~ Il 1~ MY COMMISSION EXPIRES: ~('}~ 1-l 1 RE-ZONE OF JABIL SOUTHEAST - RZ-07-009 Page 3 of 3 PARCEL DESCR1PTtON March 30, 2007 project: Jai~il Properly -Hummel Archifects Parcel Type: Grove rig ofanrayawesf of the Section {{nett abe re zon~~on of Locust A parcel of land being a portion Parcel "A" of Record of Survey No. 6631, situated in the SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada. County, Idaho, more particularly described as follows: COMMENCING at a found 3" brass cap, Corner Record Instrument No. 103175248, marking the Southeast corner of said Section 18; Thence North 00°30'34" East, coincident with the east line of said Section 18, also being the centerline of Locust Grove Rd, a distance of 1281.56 feet to the intersection of said east line {centerline of Locust Grove Rd.) and the northerly right-of--way of interstate klighway 84 and the POINT OF BEGINNING; Thence coincident with said northerly right-of-way line the following five courses: Thence North 89°33'08" West, a distance of 911.35 feet; Thence South 84°29'23" West, a distance of 200.87 feet to right-of-way station 2353+00; Thence North 89°33'30" West, a distance of 654.42 feet; Thence North 28°26'58" West, a distance of 49.59 feet; Thence South 89°37'32" West, along the northerly line of the SE 1/4 SW 1/4 of Section 18, a distance of 64.81 feet to the southwest corner of said Parcel "A" of said Record of Survey No. b531; Thence leaving said right-of way and along the westerly line of said Parcel "A" the following four courses: Thence North 00°00'40" West, 128.95 feet; Thence North 89°58'05" East, 94.70 feet; Thence North S5°08'43" East, 40.08 feet; Thence North 00°00`39" West, 537.85 feet; Thence leaving said westerly line, North 89°59'09" East, a distance of 340.49 feet; Thence South 00°00'32" West, a distance of 38.37 feet; Thence South 90°00'00" East, a distance of 705.51 feet, a portion of this being along the southerly edge of an interior wall within the existing Jabil Circuit building that previously separated the administration/business section from the manufacturing section; Thence South 00°00'22" West, 175.85 feet; Thence South 90°00'00" East, 486.14 feet to a point on the easterly line of said Parcel "A" of Record of Survey No. 6631 and the centerline of the Hunter Lateral; Thence, coincident with the centerline of the Hunter Lateral, South 35°12'46" East, 201.01 feet; Thence continuing along said centerline of said Hunter Lateral, South 41°34'55" East, 121.13 feet to a point on said east line of Section 18 and the centerline of said Locust Grove Rd.; Thence, South OU°30'34" West, coincident with said east line of said Section 18, also being the centerline of Locust Grove Rd., a distance of 255.28 feet to the POINT' OF BEGINNING. The parcel above described. contains 24.69 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. This description does not describe real property and is intended to be used for re-zoning purposes only. REVIE ~Ppla20VA~ RY LJ _ :_,> ~ ,, MERIDIAN PUB~.IC vUORItS DEPT. r UNPLA7TED ~ CENTRAL DRTV$ 0 ~^ ~o ~~ ~i o. North Parcel 9.21 Acres South Parcel 24.89 Acres INTERSTATE 84 RIGHT-OF-WAY L REVI PP ~Y!- BY ~.. ~_ (~ERtDtAN PU~t~I~ tNORKS DfP"~ ~$ ~ '~.`~°'' ~~ ~ HUNTEF LATERAL ~Ny "Y E 9/4 CORNER SECTION 18 FND. 3.5" 8RAS5 CAP PL5 5082 CORNER '~ RECORD (05137705 ~~s~ ~ ~~ ~~ ~ ~ f SE CORNER SECTION 18 FND. 3" BRASS CAP PLS 5291 CORNER RECORD 103176248 r ~~ ~~`~ 61STEyFO t111- rIR 10729 ~~ ~~. ~'0r~ o~ ~9F qty, a ~~ 3qo~ REZONE EXH181T FOR THE SOUTH PORTION OF PARCEL "A" OF ROS NO. 6631 & THAT PORTION OF LOCUST GROVE RNV WEST OF THE SECTION UNE IN THE SE 1/4 OF SECTION 78, T3N, R9E, BM °'~°>~°~ ~' ADA COUNTY, IDAHO AIARa SCALE: PROJECT NO. DRAWWG FILE NAkf~ ~I sHEEr I 1 "=3{10' 3'3417 33417-5URV-DCHBITS I CURVE TABLE CURVE DELTA RADIUS ARC CHORD BEARING CHORD Ci 140'17" 148.00 37.04 N837 'O1" 38.84 C2 C3 4'0109° 11 u7'OS" 212.00 352.00 14.87 89.25 57 1'2 E 410'7'48" 14.87 68.13 LINE TABLE LINE BEARNG LENGTH L1 N28~b'SB°W 48.59 L2 58937'32"W 84.81 13 M56'08'43 E 40.08 L4 X0'32°W 3837 J 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- ~ J 2 PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for a parcel of land being a portion of Parcel "A" of Record of Survey No. 6631, situated in the SE '/ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 24.69 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the da~ R~,, rq q,/j,~~ \~ ri , 2007. \~,~.~`,~ ~ ~. ,, ;~ ~~ m Mayor and City Council of e Ci o~M dian By: William G. Berg, Jr., City Clerk _ ~ .~ ~ ~~ First Reading: ?'Z~ ~®~ Adopted after first reading by suspensiorf~q~~~ ~ ~~~ ~'°~,~°°a~ Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO '%~,,/ '```t~~ ti /1-rgq gg111q Second Reading: ~ Third Reading: ~-- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~~ 7iS The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ?i of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of , 2007. ~e~-~„~ William. L.M. Nary, City Atto l ey ORDINANCE SUMMARY - RZ 07-009 JABIL SOUTHEAST Page 1 of 1 August 10, 2007 AZ Ob-043 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT SpurWing Limited Partnership ITEM NO. 2S REQUEST Ordinance -Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwing Patio Homes Subdivision -northeast comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way 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 affached Ordinance D~, f ~~~~ r~c'U' Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. ADA COUNTY RECORDER J. DAVID NAI' ~~~ AMOUNT .00 10 BOISE IDAHOOSt23107 04:44 PM III I'II'I'I'IN4'lllll'111'll'lll I OII DEPUTY Qail Qarrett ,'I RECORDEQ-REQUEST OF 1~71195~'4 Meridian City CITY OF MERIDIAN ORDINANCE NO. ®~ ~- ~ 3 3 3 BY THE CITY COUNCIL: BIItD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-043 SPURWING PATIO HOMES SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF LOTS 2 AND 4 AND ALL OF LOT 3 OF BLOCK 1 OF SPURWING SUBDIVISION, AS FILED FOR THE RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 69 OF PLATS AT PAGES 7104 THRU 7108, AND A PORTION OF THE SW 1/ OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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 RR (ADA COUNTY) TO R-4 (LOW-MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R 8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE 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: Spunving Limited PaYtnership and Pacific Links Ltd. PaYtneYShip. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RR (Ada County) to R-4 (Low-Medium Density Residential) and R-8 (Medium Density Residential) 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-06-043 SPURWING PATIO HOMES 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 Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~ , 2007. /APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I ~ day of ~,~".~~ , 2007. 1 ~~~~~ MAYOR de WEERD ANNEXATION OF AZ-06-043 SPURWING PATIO HOMES Page 2 of 3 \S`~t~;l1ltUlUlttJf~! \`~4, °°~ ~ ~ t~ t~ CAI/i ATTEST: ~ ~ ~~ e ~ i~:.4~ ~~ WILLIAM G. BERG, JR., CITY ~ ~ ~. ~~-~ , "~' ~~ `~:' ~r!s3`,}~~~,t09f41 9t0i'ti~jA,,``1 STATE OF IDAHO, ) ss. County of Ada ) On this ~`~~ day of ~~ , 2007, 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) e ~ ~~~°~° ® NOTARY PUBLIC FOR IDAHO ® ~ • RESIDING AT: ~ 1 ~ ~~ ,' .' MY COMMISSION EXPIRES: t®'~ 1 ® `. , ®~y `~ e i i~~- ®F ~Q~~®w •®.®•s ANNEXATION OF AZ-06-043 SPURWING PATIO HOMES Page 3 of 3 ~, ~m o o _ N J? Y O 2 ~ W ~ V m m V ~~ ~ ~ ~ m ° m ~ ~ _ ,~- - - - Ab'M JNIM21(1dS 'N ~- M ~ ~ 'V ~i1 Z NO_O c ~ 2~ 0 1-- ~- O~ Z ~-- a 9p~ n N ~ ~ o '~voe~ ~ X ?r ~ a y~ o d W ~ O 1p eaf ~ p ~' ~ NOISUVa8fl5 9NIMtlfld5 S \~Q~_, _ _ _ _ ,OZ'68t IDII S _ _ ~A t zo ~~ •^3'/ ~ "~8 ~~~ Q °' ~ '~~~y \` O ® \ o ® ~ ~ ~i O ~~~ --- ~ J O &6'~ '` ~ y~. ~ eu / ~ .~~`: S ~ v O d K ~. o. ~ ~~ ~^ z 0 IV Z W c o ~- c~ ~ ~ n ~ m N m/ ~ ~ maa`+. N A n ~'~g~ ~~ ~y bs`'~?~a t ~ O C ,~., ~~~ f ~p r~ ~~ r ~~ o ~~ ~'m '~ ~ O v F~Ji N y ~i ~~ I I i co N i N Z ~ f ~01 q ~' ~ ~ryA~,,~~~ NO .....,, a m N ~ ~~ o _ y~g w ~~ o° YQ ~N\ ~}~ vl \ N ~ ~ ~~y 7.'~ y N J 61 ~ ~.~~ 5 c O . ~ '~ - - - - - ,958L6 3,OI,OZ.00 N n i ~ m ' ~ N ~ ~~JH Oi W o ~~ N d z ~ O m V m in ~ ~ i irom Project. No.: 2981 Date: June 2, 2006 Revised: August 16, 2006 ANNEXATION DESCRIPTION FOR SPURWING PATIO HOMES SUBDIVISION A parcel of land being a portion of Lots 2 and 4 and all of Lot 3 of Block 1 of Spurwing Subdivision, as fled for record in the office of the Ada County Recorder, Boise, Idaho in Book 69 of Plats at pages 7104 thru 7108, and a portion of the SW 1/4 of Section 23, T.4N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows: BEGINNING at a brass cap marking the Southwest corner of the said Section ; thence along the Westerly boundary of the said SW 1/4 of Section 23; thence North 00°20'40" East 324.83 feet to an iron pin; thence said Westerly bountda n South 89°39'20" East 30.00 feet to an iron pin marking a point of curve; continuing along an arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 104°21'16", a length of 36.43 feet and a long chord bearing South 51°49'58" East 31.60 feet to an iron pin marking a point of tangent; thence continuing North 75°59'24" East 156.18 feet to an iron pin; thence continuing North 00°48'28" East 164.90 feet to an iron pin; thence leaving said Westerly boundary North 10°58'41" East 673.13 feet to an iron pin marking the Northwest corner o said Lot 3; thence along the Northerly boundary of said Lot 3 South 78°36'59" East.106.97 feet to an iron pin; thence continuing South 62°24'58" East 127.74 feet to an iron pin; thence continuing South 50°13'58" East 125.67 feet to an iron pin; thence continuing South 43°02"58" East 160.00 feet to an iron pin; thence continuing South 43°00'12" East 160.00 feet to an iron pin; thence continuing ° ~ ~~ South 52 2814 East 222.39 feet to an iron pin; thence continuing South 87°44'25" East 290.67 feet to an iron pin; thence continuing North 54°48'27" East 242.01 feet to an iron pin; thence continuing ° ~ ~~ North 26 46 22 East 166.21 feet to an iron pin; thence continuing North 19°22'35" East 116.96 feet to an iron pin; thence continuing North 43°12'34" West 265.25 feet to an iron pin marking a point of curve; thence continuing along an arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 102°27'35", a {ength of 35.77 feet and a long chord bearing South 85°33'38" West 31.19 to an iron pin marking a point of ending of curve on the South right-of--way line of West Galata Court; thence leaving said South right-of-way line North 55°40'10" West 25.00 feet to a point on the centerline of said West Galata Court marking a point of curve; thence along said centerline along the arc of a curve to the right, said curare having a radius of 350.00 feet, a centra!• angle of 20°47'29", a length of 127.01 feet and a long chord bearing c;~pocumenta end SetUn8~1~x~Y ~~'mentslw°nildea~2981-annex-des•doc - jde °~"'~~~~~ ~ (~~ ® ~ (,~ ~~~~' ~ ~ Z501 BOGUS BASIN ROAD, BOISE, IDAHO 83702'(208) 385-0636 Project No.: 2981 Date: June 2, 2006 Revised: August 16, 2006 Page 2 North 44°43'35" East 126.31 feet to a point marking a point of ending of curve; thence leaving said centerline South 34°52"40" East 25.00 feet to an iron pin on said South right-of--way line of West Balata Court; thence leaving said South right-of-way line .: ~~ South 05°5722" West 30.26 feet to an iron pin; thence South 43 1234 East 266.19 feet to an iron pin marking a point of curve; thence along the arc of a curve to the right, said curve having a radius of 75.00 feet, a central angle.of 24°20'33", a length of 31.86 feet and a long chord bearing South 31°02'18" East 31.63 feet to an iron pin marking a point of tangent; thence South 18°52'01" East 77.34 feet to an iron pin on the East boundary of said Lot 3; thence along said East boundary South 00°48'28" West 789.24 feet to an iron pig Lot 31ng the Southeast comer of said.Lot 3; thence along the Southerly boundary of sa ° ~ ~~ North 76 39 48 West 691.47 feet to an iron pin; thence continuing South 82°16'37" West 505.59 feet to an iron pin; thence continuing North 85°06'24" West 300.82 feet to an iron pin; thence continuing thence South 75°59'24" West 194.94 feet to an iron pin marking a point of curve; ::continuing along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central.angle of 75°38'44", a length of 26.41 feet and a long chord bearing ~~ South 38°10'02" West 24.53 feet to an iron pin marking a point of tangent; thence ~continui~g _ _ :South 00°20'40" West 177.61 feet to an iron pin marking a point of curve; thence ' :continuing along the arc of a curve to the left, said curve having a radius of 20.00 feet, a ,central angle of 89°32'12", a length of 31.25 feet and a long chord bearing South 44 25 26 East 28.17 feet to an iron pin marking a point of ending of curve q~n said North right-of--way line of State Highway 20; thence leaving said North right-of- ` way line South 00°48'28" West 40.00 feet to a point on the South boundary of said ;.~::$ection,23; thence along said South boundary North 89°11'32" West 69.52 feet to the POINT OF BEGINNING. Said parcel of land contains 20.65 acres, more or less, a~ °`p4 ~ ~ ~~ p,VG 1 ~ 2®® ~ ~OR~ ~PT,G ~MENCING at an aluminum cap marking the Southwest corner or sara aecnon ~3; ;the. Westerly boundary of said SW 1/4 of Section 23 h ~0°20'40".~ East 978.56 feet to a point; thence leaving said Westerly boundary at Project No.: 2381 -:®ate: ®ecember 18, 2006 Page 2 of 2 South 18°52'01" East 77.34 feet to an iron pin on the East boundary of sand Lot 3; thence along said East boundary South 00°48'28" West 789.24 feet to an iron pin marking the Southeast corner of said f,ot 3; thence along the Southerly boundary of said Lot 3 North 76°39'48" West 691.47 feet to an iron pin; thence continuing South 82°16'37" West 505.59 feet to an iron pin; thence continuing North 85°06'24" West 92.41 feet to a point; thence leaving said Southerly boundary of Lot 3 North OS°43'23" Nest 121.84 feet to a point; thence _ North 75°32'39" East us of 55 0.00 feats central angle of 08°43' 8'~ a length of 83.83e ..right, said curve having a ra feet sad a long chord bearing North 79°54'38" East 83.75 feet to a point of tangent; thence North 84°16'37" East 292. 4 feeet to a ~inttofcurveathence along an azc of a curve to the North 05°43'23" West 50 po -.left, said curve having a radius of 200.00 feet, a central angle of 34° 19' 35", a length of 119.82 -feet, and a long chord. bearing North 22°53' 11" West 118.04 feet to a point of tangent; thence North 40°02'58" West 396.67 feet to a point of curve; thence along as arc of a curve to the left, said curve having a radius of 100.00 feet, a central angle of 22°11'42", a length of 38.74 feet and a long chord bearing North 51°08'49" West 38.50 feet to a point; thence -North 79°Ol' 19" West 198.05 feet to the POYN3~ OF IBEGIG. Said Parcel Contains 13.80 acres, more or less. ~~~~~~ RE~i gY 187 E. 50°i Streef, Garden City, Idaho 83714°(2~) 385-0636 s au,~ ~~ 'l~ p~' ~f~~ ~. A parcel of land being a portion of Lots 2 and 3 Block 1 of Spurwing Subdivision as filed for record in the office of the Ada County Recorder Boise, Idaho in Book 69 of Plats at Pages 7104 thru 71081ocated in the SW 1/4 of Section 23, T.4N., R1W., B.M., Ada County, Idaho, more particularly described as follows: BEGG at an aluminum cap marking the Southwest corner of said Section 23; thence along the Westerly boundary of said SW 1/4 of Section 23 North 00°20'40" East 324.83 feet to an iron pin on the Westerly boundary of said Lot 3; thence leaving said Westerly boundary of the SW 1/4 at right angles along said Westerly boundary of Lot 3 South 89°39'20" East 30.00 feet to an iron pin marking a point on a curve; thence continuing along an arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 104°21' 16", a length of 36.43 feet and a long chord bearing South S I°49'58" East 31.60 feet to an iron pin marking a point of tangent; thence continuing North 75°59'24" East 156.18 feet to an iron pin; thence continuing North 00°48'28" East 164.90 feet to an iron pin; thence leaving said Westerly boundary of Lot 3 North l 0°58'41" East 477.70 feet to a point; thence South 79°Ol' 19" East 198.05 feet to a point on a curve; thence along an arc of a non tangent curve to the right, said curve having a radius of 100.00 feet, a central angle of 22°1 1'42" a length of 38.74 feet and a long chord bearing South 51°08'49" East 38.50 feet to a point of tangent; thence South 40°02'58" East 396.67 feet to a point of curve; thence along an arc of a curve to the right, said curve having a radius of 200.00 feet, a central angle of 34°19'35", a length of 119.82 feet, and a long chord bearing South 22°53' 11" East I 18.04 feet to a point of tangent; thence South OS°43'23" East 50.34 feet to a point; thence at right angles South 84°16'37" West 292.66 feet to a point of curve; thence along an arc of a curve to the left, said curve having a radius of SSOAO feet, a central angle of 08°43'58", a length of 83.83 feet and a long chord bearing South 79°54'38" West 83.75 feet to a point of tangent; thence South 75°32'39" West 7.55 feet to a point; thence South OS°43'23" East 121.84 feet to a point on the Southerly boundary of said Lot 3; thence along said Southerly boundary North 85°06'24" West 208.41 feet to an iron pin; thence continuing 24si xa-a~.a~ ~~'~~~ i gal f,,,t1~Y® a7Vi'~Y G I ~IVV Projec# No.: 2981 Da#e: December 19, 20~ Page 2 of 2 South 75°59'24" West 194.94 feet to an iron pin marking a point of curve; thence continuing along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 75°38'44", a length of 26.41 feet anal a long chord bearing ~ of tan en ~ thence South 38°10'02" west 24.53 feet to an iron pin masking a po g t, continuing South 00°20'40" west 177.61 feet to an iron pin marking a Point of curve; thence continuing along the arc of a curve to the left, said curve having a radius of 20.00 feet, a central angle of 89°32' 12", a length of 31.25 feet and a long chord bearing South 44°25'26" East 28.17 feet to an iron pin marking a Point of ending of curve on said North right-of-way line of State Highway 20; ifience leaving said North right-of-way line and said Southerly boundary of Lot 3 South 00°48'28" west 40.00 feet to a point on the South boundary of said Section 23; thence along said South bowsdary North 89° i 1'32" West 69.52 feet to the P®1~° ®F BE~IN10iING• Said Pazcel Contains 6.77 acres, more or less. ~~~~ ~. .~va~ Ravi BY 1~ d ~~~~~ ~ vuo~~s p~'tc 187 E. 50°i Street, G2rden City, Naha 83714(208) 385-0636 2981-R8-descdoc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDL~N ORDINANCE N0.07- '~~~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of lots 2 and 4 and all of lot 3 of Block 1 of Spurwing Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in book 69 of Plats at pages 7104 thru 7108, and a portion of the SW '/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 20.65 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This a_zdinance .~~i~,~,;i~~ecome effective on the (~°'day of ~g ~ 2007. .A~` ~ ~~~.: ,., ''` ~ ,. s a `s • e~. ~ `' b`~G /~/ ~ City of Meridian ~.~~ - Mayor and City Council = -~ ~3 By: William G. Berg, Jr., City Cle'r~c ~ `~~ q 4 First Reading: -~~ G~ ~~°'~~,,, ~~ F`\~~`\~. Adopted after first reading by suspension o~'~~°~ule as allowed pursuant to Idaho Code 50-902: YES~_ NO -' Second Reading: Third Reading: STATEMENT OF MERIDL~N CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~ `~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ I day of 2007. ~\ William. L.M. ary City Attorney ORDINANCE SUMMARY - AZ-06-043 SPURWING PATIO HOMES SUBDIVISION Page 1 ~ a August 10, 2007 AZ 07-004 MERIDIAN CITY COUNCIL MEETING AUgUSt 14, 2007 APPLICANT Ruby / Edwards: Architecture + Design ITEM NO. 24 REQUEST Ordinance -Request for Annexation and zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building - 1695 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. 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NQIk~~S. ~~ u~~d0 ~a+tc~nrr~e ~rv~z~~ ~~~ £ZZ~S{iZit 1, " a''`~1M1 :J.i+13Wt1a1SN r ~f G 4~~kQa Gd~Oll.V'Nkti0.iH1 Y'1C~#.~ 93>JYd3~[~d SYA1 H3L~7tS S9H1, ~3]s3ra_: `c~ r- 9I 8T: d~L~i a~IS 'S Y~~ a~; °. t~ ~. ~- r~ ; o ~ ~, c~ August 10, 2007 MERIDIAN CITY COUNCIL MEETING August 14, 2007 APPLICANT ITEM NO. 2S REQUEST Executive Session per Idaho State Code 67-2345(1)(aj 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.