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HomeMy WebLinkAbout2007-07-10 • Revised 7-9-07 (j~E IDIZ IAN;=- ~J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 10, 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: d David Zaremba ~ Joe Borton ~_ Charlie Rountree -~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~'~e !!y l~o~ f vr.• 3. Community Invocation by Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: u`~I~"'.°w~-- 5. Consent Agenda: A. Tabled from June 26, 2007: Development Agreement: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: ~~r,~,f,,~ vac.. B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Baraya Subdivision by RMR Consulting, Inc - 3935 West Franklin Road and 280 South Black Cat Road: ~,I„~,o ~ Meridian City Council Meeting Agenda -July 10, 2007 Page 1 of 4 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 7-9-07 C. Findings of Fact and Conclusions of Law for Approval: PP 06- 062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single- family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision by RMR Consulting, Inc - 3935 West Franklin road and 280 South Black Cat Road: ~p~o-~c- D. Findings of Fact and Conclusions of Law for Approval: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: ~,~p,,.~,. E. Findings of Fact and Conclusions of Law for Approval: IZZ 07- 007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt - 305 West Broadway Avenue: ~~~.h,.o,,.~ F. Findings of Fact and Conclusions of Law for Approval: AZ 07- 008 Request for Annexation and zoning of 3.32 acres from R1 to C- Gzone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: ~,,,.o~,.~. G. Addendum to Development Agreement: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 ~ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: ~~.~,~~ H. Addendum to Development Agreement: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -Southwest Comer of South Meridian Road and West Overland Road: ~a~~--°~ I. Public Works Change Order No. 2 for the Water Division Building Phase 1 Proiect (Design) with BRS, Inc. for $5,373.16: ~~ow~- J. Chance Order No. 1 to the Schindler Elevator Contract for the City Hall Project not to exceed $1,600.00: ~~r.~- Meridian City Council Meeting Agenda -July 10, 2007 Page 2 of 4 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 7-9-07 6. Department Reports: A. Legal Department 1. Discussion of Draft Ordinances for Mayor and Citv Council Compensation Amendment: Cwvfir,H.,c.,~~Tcwtt.vs.~ B. Public Works Department ~° 7~l~-07 1. Discussion of North and South Black Cat Trunk Reimbursements: ~~~~~ Lam- la. ~o ~-a t.¢.c®Cr 7. Items Moved from Consent Agenda: 8. Request for Reconsideration of Denial of Appeal Application for Primerica Sign by Todd Mendel: ~rj,~c,. /~C ~kcJf - r~-~o¢~ce_, 9. Findings of Fact and Conclusions of Law and Order for Denial: 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 Cherry Lane, Suite 100 (Lot 2, Block 1 of Cherry Lane Crossing Subdivision): ~-~~,~rt, l ~,,,~~ ~ 10. Tabled from June 26, 2007: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 by Landmark Development Group, LLC - Southeast Comer of Eagle Road and Ustick Road: ~~,ro~- 11. Tabled from June 26, 2007: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C- G zone for Gateway Marketplace Subdivision No. 2 by Landmark Development Group, LLC -Southeast Comer of Eagle Road and Ustick Road: ~~~ wc.. 12. Continued Public Hearing from June 26, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: ~,r,-ti„_ ~~~ G!~ 13. Public Hearing: 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 3,800 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More located Meridian City Council Meeting Agenda -July 10, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C~ Revised 7-9-07 at 3415 North Eagle Road: (This has been Re-Noticed for July 17, 2007) ~-~r~-o~- ~va,ca~e 14. Tabled from June 26, 2007: Ordinance No. ®7 " l 32 ¢ AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C- G zone for Ahl4uist Annexation by Ahlquist Development, LLC - Southeast Comer of the intersection of Eagle Road and Franklin Road: ~y'Y',-`^... 15. Ordinance No. ~ 7"" ~ 3 2 S UDC Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations ; p~.,,,,,~ Meridian City Council Meeting Agenda -July 10, 2007 Page 4 of 4 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. Plt'ca~e. I~s~~ Pu-b1~c No~cc - 111ar~!,' E IDIAN- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 10, 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: 3. Community Invocation by Mike Dodd with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Tabled from June 26, 2007: Development Agreement: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Barava Subdivision by RMR Consulting, Inc - 3935 West Franklin Road and 280 South Black Cat Road: Meridian City Council Meeting Agenda -July 10, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • C. Findings of Fact and Conclusions of Law for Approval: PP 06- 062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single- family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Barava Subdivision by RMR Consulting, Inc - 3935 West Franklin road and 280 South Black Cat Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: E. Findings of Fact and Conclusions of Law for Approval: RZ 07- 007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Proaertv by Maria Vanbragt - 305 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 07- 008 Request for Annexation and zoning of 3.32 acres from R1 to C- Gzone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: G. Addendum to Development Agreement: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Saarrowhawk Subdivision Nos. 1 $ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: H. Addendum to Development Agreement: MI 07-002 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -Southwest Comer of South Meridian Road and West Overland Road: I. Public Works Change Order No. 2 for the Water Division Building Phase 1 Proiect (Design) with BRS, Inc. for $5,373.16: J. Change Order No. 1 to the Schindler Elevator Contract for the City Hall Project not to exceed $1,600.00: Meridian City Council Meeting Agenda -July 10, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 6. Department Reports: A. Legal Department • 1. Discussion of Draft Ordinances for Mayor and Citv Council Compensation Amendment: 7. Items Moved from Consent Agenda: 8. Reauest for Reconsideration of Denial of Appeal Application for Primerica Sian by Todd Mendel: 9. Findings of Fact and Conclusions of Law and Order for Denial: 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 Cherry Lane Crossing Subdivision): 10. Tabled from June 26, 2007: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gatewav Marketplace Subdivision No. 1 by Landmark Development Group, LLC - Southeast Comer of Eagle Road and Ustick Road: 11. Tabled from June 26, 2007: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C- G zone for Gatewav Marketplace Subdivision No 2 by Landmark Development Group, LLC -Southeast Comer of Eagle Road and Ustick Road: 12. Continued Public Hearing from June 26, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: 13. Public Hearing: 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 3,800 square foot tent for a parking lot sale for Joe's Sports. Outdoors and More by Joe's Sports, Outdoors and More located at 3415 North Eagle Road: (This has been Re-Noticed for July 17, 2007) Meridian City Council Meeting Agenda -July 10, 2007 Page 3 of 4 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. 14. Tabled from June 26, 2007: Ordinance No. qZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C- G zone for AhlQUist Annexation by Ahlquist Development, LLC - Southeast Comer of the intersection of Eagle Road and Franklin Road: 15. Ordinance No. UDC Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations Meridian City Council Meeting Agenda -July 10, 2007 Page 4 of 4 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 July 10, 2007 A meeting of the Meridian City Council was called to order at 7:04 P.M., Tuesday, July 10, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Joe Borton. Members Absent: David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea, and Dean Willis. Item 1: Roll-call Attendance: Roll call. 0 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. It is Tuesday, July 10th. It is a few minutes after 7:00. I'd like to welcome you all here all tonight. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Our next item is the pledge of allegiance. We will be led tonight by Shelly Houston. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Mike Dodd with Capital Christian Center: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Mike Dodd with the Capital Christian Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Dodd: Thank you, Madam Mayor. Father, we thank you tonight, Lord, for your presence, Lord, in our lives. We just ask that your Spirit would come tonight and, Father, just impart grace and wisdom to the Council, Lord, in all the issues that are at hand. We thank you, just, Lord, that wisdom from on high would be departed to them, Lord God, just infuse them even, Lord, and, Lord, that your grace would abound in their lives, Lord, and in this -- just this awesome city, Lord God. We just ask that you would bless this community, Father, that we are moving forward in this city and we just thank you, Lord God, for going before us in all the matters in hand and at hand tonight, in Jesus' name, and everyone's name, amen. Meridian City Council • • July 10, 2007 Page 2 of 25 Item 4: Adoption of the Agenda: De Weerd: Thank you. And I would like to present you with a pin. Thank you for joining us. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have on the regular agenda Item No. 13 needs to be vacated. The applicant has decided to re-notice for a different variance. So, that will be completely vacated. Item 14, ordinance number 07-1324. Fifteen is 07-1325. And with that I move we approve the revised agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Tabled from June 26, 2007: Development Agreement: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC. -Southeast Comer of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for Approval: AZ 06- 061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Barava Subdivision by RMR Consulting, Inc - 3935 West Franklin Road and 280 South Black Cat Road: C. Findings of Fact and Conclusions of Law for Approval: PP 06- 062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single- family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Barava Subdivision by RMR Consulting, Inc - 3935 West Franklin road and 280 South Black Cat Road: Meridian City Council ~ • July 10, 2007 Page 3 of 25 D. Findings of Fact and Conclusions of Law for Approval: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: E. Findings of Fact and Conclusions of Law for Approval: RZ 07- 007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt - 305 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 07- 008 Request for Annexation and zoning of 3.32 acres from R1 to C- Gzone for Zamzows Overland by JR LLC - 3620 and 3650 East Overland Road: G. Addendum to Development Agreement: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development / use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 $ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: H. Addendum to Development Agreement: MI 07-002 Request for a miscellaneous application to modify the recorded Development Agreement (Inst. 105134293) pertaining to access for the site for Medina Subdivision by Ken Lenz -Southwest Comer of South Meridian Road and West Overland Road: I. Public Works Change Order No. 2 for the Water Division Building Phase 1 Proiect (Design) with BRS, Inc. for $5,373.16: J. Chanae Order No. 1 to the Schindler Elevator Contract for the City Hall Project not to exceed $1,600.00: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Meridian Ciry Council • • July 10, 2007 Page 4 of 25 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department 1. Discussion of Draft Ordinances for Mavor and Citv Council Compensation Amendment: De Weerd: Council, Item 6 under department reports. We will start tonight with Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. The item in front of you is a report from the Citizen's Compensation Committee. You should have that in your packets. There are two draft ordinances. There were three meetings of the citizen's committee. If you recall there were seven citizens that we asked to participate in that. One of the recommendations -- well, let me go over -- basically, we had three different meetings. We met in the evening a couple times and once at a lunch meeting for the final one. There were lively discussions about compensation for both the Mayor position, as well as the Council positions. We did some comparisons of other cities of similar size around the state and did look at some of the factors that they wanted to weigh on what the market is, the impact on the budget, performance, expectations, those types of things, in making a decision and recommendation that's in front of you. The -- excuse me. The ordinances are fairly identical in -- the whereas clauses are the same. I'll go over the specific recommendations. They did recommend both an increase to the Mayor's compensation, as well as an increase to the Council compensation over the next two years. Approximately five percent on each year on the Mayor's compensation and four percent on the Council's pay over the same time period. The last section of the ordinance was a little bit lengthier in some of their recommended changes and I'll just explain what those are. First, there was -- in the original ordinance -- and I can't blame anybody, because I'm the one that wrote it, there is an order that didn't direct anybody to do anything, it just says somebody in the world will create a committee. So, it is directed that human resources will be directed to form a committee. The current configuration is a minimum of at least seven citizens. We were never able to get seven people there at the same time due to conflicts in schedules and the summer starting, school, vacations and the like, so the committee did recommend that a minimum of five be formed for the committee. You certainly can make them more each time you do this, but they felt that a minimum of five was probably a more manageable number to get everyone there at the same time to have the discussion. Again, the • Meridian City Council July 10, 2007 Page 5 of 25 current ordinance says former elected officials. We asked former Councilmember Donnell to serve as one of those officials on this committee, but she was appointed, not elected, so we did add appointed in there as a possible person that could be -- serve on this committee. The current configuration of the ordinance says it would be done every four years. The committee two years ago felt that each mayoral election year seemed to make more sense to them, that the analysis of what the pay is, the compensation is for the elected officials of the city, that that seemed to be when people found it most pressing to do. The current committee felt that it should be done every municipal election year. They felt that every two years was probably more in line with the market and trends, the expectations of the different positions, and they felt it made more sense at least to have the same process and review by citizens to be done every two years, rather than four. They asked that I include in there a and there is a longer section in the ordinance -- that says some of the things that they considered in making that decision -- again, each committee can certainly adjust that, look at other factors in addition to that, but they felt it was important to put in the ordinance itself what types of things they thought made sense from a citizen's perspective to evaluate and that's why it indicates some of the laundry list of various things, baseline salaries in comparison to other select cities, appropriate increases or decreases based upon the market as determined by the committee, 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 city employees and expectations to the public in general for the position that is being evaluated. So, they asked that all of that be included as well. And as you know from the ordinance, these are all recommendations in front of you, they are -- you're not bound by any of those, but those -- what the committee asked me to bring forward is their recommendation to you on both the compensation adjustments, as well as the form of the ordinance as it's currently in the city code. De Weerd: Thank you, Mr. Nary. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have some -- I have got some concerns, but we will discuss this at the budget hearing. I -- I don't believe elected officials are employees, for one thing. And our performances are done at the ballot box. If we do well we get reelected if we want to run. If we don't we get thrown out on our ear. So, I don't think a committee of seven can say whether I have done a good job as council or not. I think the people will, but we will discuss this tomorrow. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I could -- Madam Mayor, Council Members, Councilmember Bird, what the committee intended by that -- and, obviously, it is open to interpretation, since it is an Meridian City Council July 10, 2007 Page 6 of 25 LJ ordinance. What the committee intended by that language is there is no standard for elected officials and there is no means to give merit increases for elected officials and that's just astatutory -- that's the nature of the statutes in the state of Idaho. What the committee I guess wrestled with is every elected official has to make that decision on how they wish to serve in that office and you're exactly right, it is subject to the voters and is subject to the ballot box and they agreed with that. The reason they included that as what a citizen's committee would review is based on what each person chooses to do gives them some sense of what is fair compensation. And I guess to give you an example -- again, there is no requirement for the Council members, other than to attend the Council meetings. There is nothing else that statutorily Council members are required to do, except attend Council meetings and manage the city's budget. So, if you were to have a Council member, for example, that decided to do nothing else but that, show up once a week, not participate in any other fashion, not do anything else, the compensation -- the committee felt that a future committee may decide that the compensation is too much for councils that only do that, or if a mayor chose to only do whatever the minimum expectation of the public is. Again, it's merely a recommendation and that's the reason that they asked to include it. But that was their purpose. It's just that those are factors that citizens evaluate on whether the compensation is reasonable and that's -- again, it's a hard target to grasp onto for that when, really, the salary and compensation has to be set prior to anybody being in the position and they have to make that decision based not on anyone that sits up here today, but what -- going forward in the future what makes sense to at least these seven people. But that was the intent. So, it wasn't meant as a slight or it wasn't intended to reflect on anybody here or that they were trying to assess a merit sort of basis to it, but, really, trying to give some relative sense to how to make a decision to make a recommendation to the rest of you. Rountree: Madam Mayor. Thanks for the explanation, Bill, because that was something I was having trouble with, because, you're right, there is no standard for an elected official, other than what happens at the ballot box. The other part that I think is important and central to this is it's up to us to move one way or the other and that's still up to us, no matter what the recommendation. I did not hear anything -- and I have seen in other cities and I know in our city that the Council president does take on additional duties and responsibilities. Is there any recommendation to make an adjustment for an individual in that capacity? Nary: It was brought up and discussed. Again, they had a real hard time grasping -- I mean to be really fair, the committee, in relating to councils and looking at all the various ones and cities -- and, again, most of the cities we looked at didn't give additional pay for a Council president. The city of Boise is the only one that I found that did. But -- so, they wrestled with it and really felt that truly -- and I guess there is a pause at reflection on the elected officials of our city -- felt that the differences in compensating you for $1.80 an hour versus $1.87 an hour, they didn't really feel that adequately it makes much difference, so they didn't see any particular reason to want to add more to one position or another. • i Meridian City Council July 10, 2007 Page 7 of 25 De Weerd: Any other questions. Did that answer your -- Rountree: That answered my question and I'm glad it came -- it went that direction and it's -- now it's on the record, so we don't have to deal with that issue. De Weerd: Thank you. Rountree: I guess my last question, what's -- what's the direction -- the ordinance modification and, then, whether -- what the Council decides to do with the recommendation. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, what finance has asked is they have taken the numbers that have been recommended, they can put them in the budget or not. They can adjust them as you wish and, then, what I would, then, need is if -- if the direction of the Council is you're going to accept the recommendations completely and with these numbers as requested, we can bring this ordinance forward for approval at your next meeting or the meeting after. If you want to make changes to those numbers, we can do that as part of both the ordinance, as well as your budget hearing that's both tomorrow, as well as the final one in August. We can make those adjustments however you wish and, then, we will bring back an ordinance that matches that. Rountree: Okay. De Weerd: So, Council, continue this discussion or what is your direction? Bird: We have got to continue it one way or the other. Rountree: I guess, Madam Mayor, at this point I appreciate the effort of the committee. I think we did the right thing by establishing the ordinance and having outside people look in. At the current time I feel I'm sufficiently compensated and I would not necessarily be in favor for the recommended four percent to the Council. Given the duties and activities as it relates to the Mayor, at this point I'm probably inclined to favor that, but I'm not sure what the budget numbers are going to tell us tomorrow by the time we get through adding and deleting. So, that's where I am right now. De Weerd: So, continue this? B. Public Works Department 1. Discussion of North and South Black Cat Trunk Reimbursements: De Weerd: Item 6-B is our Public Works Department. Len. Meridian City Council July 10, 2007 Page 8 of 25 Grady: Madam Mayor, Members of the Council, I wanted to talk about reimbursement agreements. In particular, the North Black Cat area. We have a group of developers that have joined together and want to build a section of sewer line from the North Black Cat lift station all the way up to Chinden. Our reimbursement agreement for off-site sewer is what I would call vague. It doesn't really -- it doesn't really explain how to pay this back and when to pay it back and what I'm looking for tonight on this particular project is just some guidance. I believe that these developers can build it faster and cheaper than we can and I think in the end if it's what we would consider a strategic sewer line, I believe we should, upon accepting that sewer line, basically reimburse them a hundred percent. But, again, the code is very vague as to how and when and why this off-site sewer is paid back. So, I kind of want to move slowly on this -- this particular one, because it's -- it's going to set a precedent. If you agree with my proposal of, basically, paying back a hundred percent, I'd probably like to move fairly quickly. I know the contractors and developers in the area are anxious to get started up here and we'd, basically, go ahead and begin construction of this and perhaps even accepting final plats in this -- in the north area, depending on your comfort level. In the south area we have a similar type of thing where the developers and contractors have gotten together and, basically, trying to push the trunk over to the Bear Creek lift station. I have colored in black on here what I would consider a strategic sewer line. Similar type of thing. It's something the city wants and needs. We have been pushing for a couple of years to get down in there and get that to the Bear Creek lift station and, again, I would fully -- I would recommend that we pay that back upon completion of that sewer line, again, realizing that the contractors, developers, can do this much quicker and cheaper than we can. The Red Lake going to the left is a little bit of a different story insofar as I don't anticipate large amounts of hook-up fees to be coming when we build that portion of it and I'm wondering if maybe some sort of staggered payment, some very very easy formula to -for finance to track, perhaps paid back over a three year period. Now, this area in the south is on-site sewer and there are some fairly good numbers in a table that tell us how much to pay back. It's the when I'm concerned on this off-site sewer -- or, sorry, on the on-site sewer. So, I know that's a lot to comprehend, but -- next slide, please. This is what I'm asking for tonight is some direction on these three particular questions. Do we want to reimburse a hundred percent construction costs for off-site sewer and that would be the north area, the -- heading north from our Black Cat lift station to Chinden, and it would be my recommendation that we do so. Do we want a staggered payment for those projects which we expect to have slower hook-up fees coming back in and, again, I'm looking for guidance -- you know, we can go ahead and pay up front. My concern is that we lose control -- if we start granting these we really lose that control on how and when we call something a strategic sewer line and agree to pay that back. And, then, finally, we don't normally accept final plats, but I know in the north Black Cat area these people have been waiting for quite a long time. If Council were to instruct me to do so, I would begin accepting construction plans and final plats for that north area contingent on plant upgrades being done. So, those are the three types of questions I'm looking for guidance for and -- • Meridian City Council July 10, 2007 Page 9 of 25 De Weerd: So, Len, on that item three, would that be accepting final plats, but issuing no building permits until that expansion is on line? Grady: That's correct. And sorry for the spelling error there. Anna has pointed out it should be accepting, not excepting, so -- De Weerd: That's all right. I was going to call you on it, but -- if you were Kyle I would have. I guess, Len, historically, when we have done latecomers or those kind of agreements, has it been at a hundred percent? Grady: It's generally been a formula which is based on the area that it serves and the number of hook-ups. It's a very tedious process to get that -- get that calculated and paid back. We agreed to -- you know, Brad created this new ordinance, which, basically, was supposed to be quite a bit easier, now all of the hook-up fees, basically, include a portion that goes towards paying this hundred percent back. So, I guess what I'm trying to figure out in my mind is if these developers did not build this, we would probably at some point in time go build it and, basically, we would pay a hundred percent to do so. So, what we are doing here is allowing them to build it faster and cheaper, we get a break. Now, I do think it's very important that we not just pay a hundred percent on everybody that wants sewer, otherwise, you know, somebody down south towards Kuna might want us to reimburse them for a trunk line down there. So, it really has to make sense for us to do so. De Weerd: Thank you. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, I agree with you on the one hundred percent reimbursement when you guys -- and each sewer line would be subject to conditions for each one. It's not a standard that we are setting, as you just stated. So, I do agree with you on that. I do believe that -- I like your second item and I see no problem with number three, as long as we make sure the plant's capable of taking it before we issue building permits, which I know you will do. Grady: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would like to see, with respect to item one, that we have in place a document that identifies the strategic trunk lines, so in terms of policy you have something to fall back on. • Meridian City Council July 10, 2007 Page 10 of 25 Grady: Oh, excellent. Rountree: And I don't have a problem with the pay back and I agree that it's going to be less expensive in the long run and quicker, as long as we have sufficient funding to do that. Item two. I think if you have a document that identifies strategic lines and a policy in place, that some lesser line would fall under some kind of a pay back schedule and I think we need to have a sense of what that's going to look like, whether it's two or five years, whatever. And as far as the last one goes, I don't have a problem with that, as long as the developers or future owners of the developments come in this chamber and stands up here and swear that they understand that they are not going to get a building permit until, one, the facility is done and, two, that the wastewater treatment facility has capacity to handle it, because we all know the pressures that are brought to bear once we have a final plat and I appreciate their need to move forward. I would hope they appreciate our need to be in compliance with our discharge permits and it's a big issue, so -- I don't really mean to be that tough, but it's important to me that they understand that I don't get a phone call or you don't get a phone call saying we got to have a building permit now that we have got a final plat, even though the final plat says no building permits issued until whatever the conditions are. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Rountree, that -- couldn't we do that by placing that stipulation on the final plat? And I think that's where it should be, truthfully. Rountree: We have done that, I believe, in the past and there is still pressures brought to bear to issue permits. Bird: Oh, yeah, but -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Len, what's the remedy for the city if you go forward with the one hundred percent reimbursement for these strategic trunk lines and whether it's all at once or staggered and it gets constructed, there is really no out for the city in the off chance that -- that our revenues are insufficient to pay for that particular trunk line. If it's something that we weren't able to afford to do ourselves otherwise, are we inviting to get ourselves boxed in a comer, agree to reimburse for a trunk line which we might not otherwise have paid for at this time, might have delayed because of revenues? Grady: I think we would have to keep a close eye on that and that's -- that's, actually, specifically why I wanted to make sure that we brought a case like this where, you know, it's not what I would consider a strategic trunk line and how do we handle it, how • Meridian City Council July 10, 2007 Page 11 of 25 do we -- developer wants to move forward, you know, does he cover a hundred percent of that cost until such time as we choose to pay him back or does he -- he never gets paid back, the staggered payment was just a way of -- you know, eventually we would expect there would be hook ups and it's just a question of being able to anticipate when these are coming, so those are valid questions, but -- Borton: Madam Mayor? Maybe this is a broader topic, but in your discussions is it necessary that it's a hundred percent reimbursement versus some lesser percentage? I, obviously, know the developers' desire, but if we are all jumping in the same boat to get this -- either the north or the south jump started -- Grady: I believe it absolutely makes sense to ask that question. Certainly on the on- site there is a formula and it's a percentage. I believe we pay back, you know, rough terms 70 percent of their costs. It's the off-site that's a problem and I'm throwing out a hundred percent, but, you know, there is a definite -- there is room to reconsider that and come up with some better method of figuring out what that should be. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilman Borton, I mean part of -- maybe to address that contingency that you're talking about is with that agreement up front, because I think what Len is seeking is I guess the direction from Council that if the funding is available to be able to reimburse in whatever fashion the developer and the city wants to come up with and, then, the Council wants to approve, whether it's upon completion of the project over a three year window, over a five year window, if the funding is currently available, we have funding -- sometimes we will have funding available for reimbursement, but not for construction, and that's -- but that's why I think it's acase-by-case situation. I think we can probably address those and have that resolved on the front end before the project gets approved, so that the Council knows what the reimbursement is and the developer does. On your other question, Council you brought up about putting a condition in the final plat about building permits and that's sometimes going to be problematic with the county engineer to add those types of conditions on building permits. I mean you can give that direction and certainly a policy would be better that you establish or even an ordinance that you establish that discretion that you can grant either to the Public Works director or to the Council to make it clear when building permits are going to be issued or cannot be issued until whatever that -- whatever contingency is necessary that Mr. Grady is talking about, but using your final plat as a means to do that probably isn't going to work. De Weerd: Council, we do have a couple of interested parties here tonight. Would you care to hear comment? Grady: Madam Mayor? • • Meridian City Council July 10, 2007 Page 12 of 25 De Weerd: I'd rather imagine Matt -- pacing in the back -- Grady: Madam Mayor, Ijust -- I'm not sure that they -- they have proposals that we are going to be bringing to you. I don't think we can hear them yet. Or maybe we can, I -- Rountree: Not the proposals. Grady: I'm just looking for general guidance right now and I'm afraid if they -- if they come forward with the actual proposals, you may be hearing them in advance, so -- De Weerd: Council? Rountree: Madam Mayor, I hope staff will continue to work with the development community, work through these possibilities and various options that are available to us and them and you can bring a proposal back to us. Bird: I would agree. De Weerd: Well, Len, I guess just to comment on our growth priority areas, these -- in particular the north, but even that south piece has been a priority. Grady: Yes. De Weerd: So, you know, I guess that could and should be treated a little bit different if it was in another area that we were not looking to grow yet. And so I guess that should be looked at differently. Grady: Okay. De Weerd: And maybe those are some of the separators that you can use to maybe decertify or draw -- distinguish the differences in your percentage of reimbursement or something else. I guess that's something you can work with the attorney's office on. Grady: Okay. De Weerd: Anything else, Council? No? Grady: I believe I have affirmative on all three is what I heard. De Weerd: Yes, you do. Grady: Thank you, Madam Mayor. Borton: In a round about way. Item 7: Items Moved from Consent Agenda: • Meridian City Council July 10, 2007 Page 13 of 25 De Weerd: There were no items moved from the Consent Agenda. Item 8: Request for Reconsideration of Denial of Appeal Application for Primerica Sian by Todd Mendel: De Weerd: Item 8 is a request for reconsideration. You do have a letter that is in front of you. If staff has no comment and if you have any questions that need to be clarified that is not answered in the letter, we can ask that representatives that are here tonight. Gorton: Madam Mayor? De Weerd: Mr. Borton. Gorton: Is it appropriate or not to have staff comment upon the request or are we opening the door for that discussion? I know a lot of materials and calculations were provided. I don't know if Mrs. Canning's had an opportunity to review them. I don't know if it's procedurally appropriate to go that route. Maybe it's not. De Weerd: Mr. Nary Nary: Madam Mayor, Members of the Council, I guess if your question -- and you're exactly right, this isn't a hearing, it is just a request, but part of, I guess, the decision point for the Council sometimes on these requests is is this information new, is there more to be gained here and I think that's some of what is being presented by the applicant in this request for reconsideration. They have other information that could not be provided previously or they were unaware of what was a concern or an issue to the Council. I don't know if Mrs. Canning's had an opportunity to review it and had an opinion on that at all, but I guess I'd like it to be pretty narrow in an answer to that. Really, you have to sort of address it based on what's in front of you. But I don't know, Mrs. Canning, if you have had an opportunity to review their request. Canning: Madam Mayor, Members of the Council, Councilmember Borton, I read through it, we are prepared -- if the Council decides to go forward with another Public Hearing we are prepared to address the additional concerns he's raised, but -- De Weerd: Council, I will need your direction. Rountree: Question, Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If we recognize a motion, too, if we determine not to recognize the request for reconsideration, amotion likewise, or is it just moot if there is no motion? • Meridian City Council July 10, 2007 Page 14 of 25 Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you will need to take some action. So, you will either need to move to grant the request or move to deny the request. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we do not grant the request for Item No. 8. De Weerd: I have a motion to deny reconsideration. Do I have a second? Motion dies for lack of second. Rountree: So, then, Mr. Nary -- Nary: Madam Mayor, Members of the Council -- Rountree: -- I think the ball's in Joe's court, but I'm not sure he can make the motion -- he can make a motion. Nary: Any of the members of the prevailing side in the request for reconsideration can make a motion. Councilmember Borton, if he's inclined, can certainly make a motion to grant the reconsideration. Councilmember Bird voted against that prevailing motion, so he can't make a motion to that effect. He can second it, but he just can't make the motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Having reviewed the detailed information, there is additional information which is provided and it sounds like the request is to provide even more. I'm willing at this point to grant the motion -- or to move to reconsider -- grant the request for reconsideration. If I could say that in a more jumbled fashion I would try to do so. De Weerd: I think you did a good job. Borton: I would move to grant the request for reconsideration of the denial for the Primerica sign. Bird: Second. De Weerd: I have a motion and a second to grant the reconsideration on Item No. 8. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Zaremba, absent; Borton, yea. Meridian City Council ~ • July 10, 2007 Page 15 of 25 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 9: Findings of Fact and Conclusions of Law and Order for Denial: 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 Sign by Todd Mendel - 1640 West Cheny Lane, Suite 100 (Lot 2, Block 1 of Cheny Lane Crossing Subdivision): De Weerd: Item 9, then, Mr. Nary. Nary: Madam Mayor, Members of the Council, on Item 9, since you granted the reconsideration request, they will follow the due course with the clerk's office and re- notice that, so you will get that in front of you. You can merely vacate the findings for Item 9. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we vacate the -- AP 07-005, denial for Primerica sign. Rountree: Second. De Weerd: I have a motion and a second to vacate Item 9. Does that have to be roll call? All those in favor say aye. Alt ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Tabled from June 26, 2007: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 by Landmark Development Group, LLC - Southeast Comer of Eagle Road and Ustick Road: Item 11: Tabled from June 26, 2007: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C- G zone for Gatewav Marketplace Subdivision No 2 by Landmark Development Group, LLC -Southeast Comer of Eagle Road and Ustick Road: De Weerd: Items 10 and 11 are final plats. Anna, do we have a letter from the applicant? We did not. Canning: We do not, ma'am. She has concern with one of the conditions of approval. Also, the applicant Tamara Thompson committed last week to provide Council with a diagram of the pedestrian pathways on the site. She did provide that to us. It's -- they • Meridian City Council July 10, 2007 Page 16 of 25 are shown in red before you, so they do run north-south and there are three going east- west, aside from the one along East Ustick. So, that would be the fourth one. And with that I will answer any question you may have. I wasn't going to go through a detailed explanation of the final plat. I'll let Mrs. Thompson express her concerns with the one condition of approval. De Weerd: Anna, I thought we were going through a circulation plan on auto circulation, not just pedestrian. Canning: I believe last week we added as a part of the development agreement that she will provide a certificate of zoning compliance, but she did commit at that hearing that she would get you -- show you what the pedestrian pathways were tonight. So, that's just -- she's taken that one step. She still needs to do a certificate of zoning compliance for the entire parking lot circulation. De Weerd: Because on those there is a number of cars that back into what appears to be obvious circulation routes and that was my concern, then, and continues to be, so -- and (thought that's what she said that she was bringing back. I guess it did not sink in it was just the pedestrian and not the auto. Okay. Any questions for staff at this point, Council? Rountree: I have none. De Weerd: Tamara. Thompson: Madam Mayor, Members of the Council, Tamara Thompson, 2462 Sunshine Drive in Boise. First I apologize for that. I know we put it on the -- for a CZC that we had to come back for the car circulation, so I apologize for the misunderstanding there. The one condition for both plats -- the way we did this -- and I think I explained it last week, is there are two ownerships, Jim Kissler owns the southern five and a half acres here and, then, a separate development group called the Rela Development owns the northern 17.35 acres. So, we submitted these in two separate phases, just to keep that clean with conditions of approval and that kind of stuff. The one condition on both phases that we have a problem with is condition number two under the general requirements and this condition we can see is relevant and applicable to residential subdivisions, but not commercial, and we respectfully request the leeway to be allowed to submit and obtain a building permit -- or building permits to construct the site and building improvements concurrently. In the preliminary plat conditions, this one was, frankly, in there and we overlooked it, but we do have in the fire department's conditions of approval 3.5 it states that fire hydrants have to be operational, temporary or permanent street signs have to be in, all weather roads have to be in before combustible construction is brought on site. So, we have no problem complying with that, but I just don't understand why we can't even apply for a building permit and what this does to our schedule -- I think I gave you a little update last week -- that right now our site improvement drawings are in for permit and we are hoping to be able to pull those in early August and we have -- we already submitted for the CZC for two • i Meridian City Council July 10, 2007 Page 17 of 25 buildings, for both of the buildings on Mr. Kissler's property down here, we need to follow that up with a design review application and, then, we were hoping to just submit for permit right after that on around August 1st, which would be about the same time we are starting construction for the site work. With the amount of time it takes to go through plan check, October 1st is probably the earliest we would obtain a building permit and, then, by the time we have -- if we start August 1st we could have fire hydrants in by November 1st, so we can start going vertical with combustible material and, then, our --our forecast of when the final plat will be recorded once it goes through all the signatures that it has to go through, is probably realistically in December and we could have a certificate of occupancy as early as March of '08, where all of our site improvements would be done and the buildings would be done spring of next year. If we have to wait to submit for permit after we receive final plat, that takes us where we are just sitting around until December of this year and, then, we have to go through the couple of months and earliest permit would be February of '08, which puts us late summer next year for opening buildings. So, again, we'd just like to ask for some leeway on that condition. I don't fully understand it and that's -- De Weerd: Any questions for the applicant? Any comment by staff? Grady: Madam Mayor, Members of the Council, I just am confused. Is the applicant saying she does -- she wants a building permit prior to final plat? De Weerd: I don't think so. Thompson: Madam Mayor? De Weerd: Uh-huh. Thompson: Yes. De Weerd: Well, I don't think we have ever done that. Thompson: What I would really like to do is to be able to apply for permit at least, but for a commercial subdivision I don't believe you have to have a final plat, as long as it is the same ownership. So, since we have two legal parcels, we could have two buildings, is my understanding, of -- for commercial property. But in the very least this -- I mean that would be -- that would be ideal. But if we can't have a building permit prior to the final plat being recorded, then, if this could just read instead of a instead of prior -- the last few words -- prior to applying for building permit, maybe it says prior to obtaining building permit, that we have to have all that stuff in. Grady: Madam Mayor, Members of the Council, we do allow a foundation only permit, which allows for a little bit of an early start, but, you know, to waive things like water and addresses, you know, the emergency people may have an issue if there is an accident or a fire, how are they going to know where and how to get there. So, they may want to chime in on waiving some of that other stuff. Otherwise, like I say, we will allow a Meridian City Council July 10, 2007 Page 18 of 25 foundation only, but an actual full blown building permit we would pretty much need a final plat. Canning: Madam Mayor, Members of the Council, we do issue building permits on un- platted parcels. The last one I can remember is for the bowling alley going on the west side of the street or the north and west in the northern portion of the Winston Moore subdivision. He had requested one. He may have reconsidered. The only dilemma we have in doing those is that, essentially, all the plat conditions become a condition of that certificate of zoning compliance, such that you cannot obtain your certificate of occupancy until all the subdivision improvements are done and that's how we have handled it in the past, because once you release the building permits, there is sometimes no incentive to complete the final plat. So, we just make sure all the conditions are with that certificate of zoning compliance. But there is nothing in the code that says you to have one lot -- or one building per lot for a commercial development. You can have -- this project could go forward without a plat. It doesn't require that plat, all it requires is a certificate of zoning compliance. But the CZC has very lengthy conditions when we do it that way. De Weerd: You threw us off there for a minute with the bowling alley comment. I didn't think you had been here that long. Canning: It's a new bowling alley. De Weerd: Yeah. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, is there a reason, in light of the applicant's concerns, if doing it that way still insures that everything is done within a final, it allows the building permits to be issued -- is the end result to the city the same, the security for the city the same, but allows the applicant a jump start? Canning: To be frank, it's not as easy. It's much easier if we wait until the final flat is done. And it generally runs a lot smoother. But we have done it, but -- we did it on the project at the comer of Eagle and the interstate where the old Shell station was. Sometimes we run into problems, but I think we have figured out how to do it. It's not our preference, but it isn't an insurmountable request either. With regard to the addressing on -- I don't think the applicant was proposing roads. They might have had one. So, we can work with Joe Silva on that issue, but -- De Weerd: So, I guess my question -- I don't know how to ask it. How did the decision get made to do the exceptions that you just referenced? Were there different stipulations in the finding? Meridian City Council July 10, 2007 Page 19 of 25 Canning: Madam Mayor, Members of the Council, sometimes folks ask you to be able to do a building permit prior to final plat approval. Sometimes they just apply for their certificate of zoning compliance and, then, they apply for the plat, so they are able to kind of get around it that way. As I said, like this project doesn't necessarily -- you don't have to do a plat with it. So, she could have applied for a certificate of zoning compliance for the whole project and, then, come in for the plat afterwards. So, sometimes that's how it happens. De Weerd: I think we are still confused. Thompson: Madam Mayor? De Weerd: Yes. Thompson: We do in the preliminary plat have the conditions for obtaining certificates of occupancy and it does say that all development improvements have to be complete, including water, sewer, pressurized irrigation landscaping. So, those type of things are in there and, then, the fire department already has as a condition that fire hydrants, temporary or permanent street signs, and access roads, with an all weather surface, those have to be in before combustible construction is brought on site. So, there is several conditions that cover, you know, things that we have to do. We can't just go out there and start building without water, you know, without having fire protection, but it's just -- and I'm not asking for addresses and that kind of stuff, it's just -- this says we have to be recorded before applying for building permit and my understanding of the recording process, once it gets approved, it has to go through all these steps and signatures and that's a quite lengthy process. But even being able to submit for a permit would give us about two months ahead of the schedule, even if we couldn't pull a permit. But as far as a CZC, it seems like just adding that the applicant has to meet all the terms of the preliminary plat would cover all those conditions. De Weerd: So, does that give you sufficient fallback, Len? Grady: Madam Mayor, I believe if it will -- if that's what Council wants, we can work with -- so that the applicant will not be granted a building permit until final plat signature, if that's what you want. I think we can make that work. De Weerd: Council? Rountree: Madam Mayor, a question for Anna or Len, either one. The issue is around comment number two. Are there words that can modify that particular comment to make this work? And staffs comfortable with not necessarily the rightness or wrongness, but the process? Grady: Madam Mayor, Members of the Council, I believe she should -- the applicant suggested rather than applying for -- in the bottom sentence change that to before Meridian City Council July 10, 2007 Page 20 of 25 obtaining a building permit and I think we can make that work. The rest of it would stay. De Weerd: Any other questions or comments? Rountree: No. De Weerd: Do I have a motion on Item No. 10? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for final plat for item No. 10, with a modification to comment number two to change the words that -- to apply before obtaining building permit --allowing application before obtaining building permit. Borton: I'll second for discussion. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Allowing for the submission, but not necessarily obtaining -- Rountree: Yes. Borton: -- a building permit? Rountree: Yeah. Bird: That's fine. De Weerd: Any other questions? Discussion? Mr. Berg, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 11. Rountree: Joe has the words. You can go ahead. You have the words on this one. Borton: I was just clearing my throat. Madam Mayor? • Meridian City Council July 10, 2007 Page 21 of 25 De Weerd: Mr. Borton. Borton: I move that we approve Item 11, FP 07-020, with the amendment to -- on comment number two, that may be permitted to submit for a building permit, not necessarily obtain a building permit. Rountree: Second. De Weerd: I have a motion and a second on Item 11. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from June 26, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: De Weerd: Item 12 is a continued Public Hearing on PFP 07-011, for apreliminary/final plat approval. I will open this with staff comments. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing. Just to refresh your memory, this lot is in Vallin Court and the applicant is requesting to split the existing one lot into two. Those lots would be 8,900 square feet and 10,600 square feet. The primary purpose for continuing this item was to allow the applicant to commit to the conditions of approval before Council. And with that I will answer any questions you may have. De Weerd: Thank you, Anna. Was this continued because we want the applicant present? Rountree: Yes. Bird: Yes. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address. Walker: Greg Walker. 748 West Claire. De Weerd: Thank you. Do you agree with staff comments? Walker: Yes. Meridian City Council July 10, 2007 Page 22 of 25 De Weerd: Council, questions? Bird: I have none, Mayor. Rountree: Madam Mayor, I have a question and it may or may not relate to this particular hearing, but adjacent to this subject site to the east is what appears to be another lot that's not subdivided. Are there intentions to subdivide that or is that going to be a community area or -- Walker: That is a community area. Rountree: It is a community area. Okay. De Weerd: Anything else, Council? Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the Public Hearing for PFP 07-001. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PFP 07-001. Rountree: Second. De Weerd: I have a motion and a second on Item 12 to approve. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. Meridian City Council July 10, 2007 Page 23 of 25 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Public Hearing: 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 3,800 square foot tent for a parking lot sale for Joe's Sports, Outdoors and More by Joe's Sports, Outdoors and More located at 3415 North Eagle Road: (This has been Re-Noticed for July 17, 2007) De Weerd: Item 13 has been requested to continue on VAR 07-013. I will open this Public -- oh. Berg: Yes. Madam Mayor, just -- the notice needed to be changed or corrected, because it didn't have the information that was followed up and so we are -- they changed it. We did not change it. They changed the size of the square feet of the tent. So, we re-noticed it, but we did have a notice that went out with this date and we felt obligated to at least have it on the agenda to tell the people if they only saw the first sign, that it was changed. Nary: Madam Mayor, Members of the Council, since it's on your agenda you can do it by voice vote. Simply a motion to vacate it, like you did the other. You can do it that way. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate the hearing on Item No. - 13. Bird: Second. De Weerd: I have a motion and a second to vacate the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Tabled from June 26, 2007: Ordinance No. 07-1324 AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: • Meridian City Council July 10, 2007 Page 24 of 25 Item 15: Ordinance No. 07-1325 UDC Ordinance Amending Title 11 of the Meridian City Code Regarding Zoning and Subdivision Regulations De Weerd: Item 14 and 15 are ordinances number 07-1324 and 07-1325. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1324, an ordinance for annexation of property being in a portion of the northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1325, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations codified at Title 11 entitled Unified Development Code of the Meridian City Code and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. You have heard these ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinances 07-1324 and 07-1325, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Items 14 and 15. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. We are at the end of our agenda, it's just a few minutes after 8:00. Congratulations. Bird: This is a record. C Meridian City Council July 10, 2007 Page 25 of 25 Rountree: Almost. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:06 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: \\\\Ilflllllllll///e/ MAYOR de WEERD `,,e~'~~~ ,~~°°d°,~,~ ~~. ~ ATT~: '~ ~®_ WTI LIAR' ~~ ~;. P ~~~ . ~, , ~. ®°/%',0lll/lllll Itllll\l\\\\\\\``\ • ~ ~1~~ 07 DATE APPROVED G. BERG JR.~CITY CLERK July 6, 2007 AZ O6-Ob5 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. 5-A REQUEST Tabled from June 26, 2007 -Development Agreement -Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation -Southeast Comer of the intersection of Eagle Road & Franklin Rd 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 Previous Item Packet /Minutes See afMched REV Development Agreement U'1 " ,r'" Contacted: Date: 7 ~ ()? Phone: ~~JU~~ Emailed: t /1G St I tials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~ ~ Meridian City Council June 26, 2007 Page 12 of 70 De Weerd: I have a motion and a second to approve the request in front of you. 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 7: Items Moved from Consent Agenda: D. Development Agreement: AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: De Weerd: Thank you. Item 7, we have removed D from Item 5, the development agreement on AZ 06-065. Mr. Zaremba. Zaremba: Madam Mayor, I would give the city attorney Mr. Nary time to pull up AZ 06- 065's development agreement on his screen, if he is so doing. If you would look on page three near the bottom of the page, paragraph 4.1, the statement that is in bold and italics and carries over to page four, doesn't appear to me to relate to this project. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, yeah, I guess in the formulation of this DA that that -- that was captured, obviously, from another DA. What I would ask the Council to do is remove this item from your agenda, we will need to get new signatures. Obviously, they didn't catch it either, they signed it. So, if they are willing to build just that, instead of what they actually propose -- but if we could ask to pull this from the agenda, we will correct it, we will send it back out, we will get new signatures. I would think two weeks would be adequate. I don't know if there is an urgency of time, but one week -- one week might be cutting it close. So, I would ask if you could set it for two weeks. Zaremba: Madam Mayor, I would also. add that that probably has an impact on Item 21 on our agenda as well. Nary: Yes. Bird: Yes, it does. De Weerd: Okay. We will go ahead and table this item until next week. Mr. Nary, two weeks? Nary: Just to make sure we get the signatures back, so -- i Meridian City Council June 26, 2007 Page 13 of 70 De Weerd: So, I need a motion. i Rountree: Madam Mayor, I move that we table Item 7-D to July 10th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue this item to the 10th. July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 by Landmark Development Group, LLC -SEC of Eagle Road and Ustick Road: Item 9: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gatewav Marketplace Subdivision No. 2 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: De Weerd: Okay. Thank you, Mr. Zaremba, for catching that. Okay. Item 8 -- Zaremba: I miss the big ones, but I catch the little stuff. De Weerd: We appreciate that. Items 8 and 9 have been requested to continue to July 10th. Rountree: Madam Mayor, I move that we continue Items 8 and 9 until July 10th, 2007. Bird: Second. De Weerd: Okay. I have a motion and a second to continue eight and nine to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from June 5, 2007: 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: ADA COUNTY RECORD~i J NAVARRO AIOOUNT .QO 47 ~, BOISE IDAHO 07!13107 0~ DE'AUTI( Vlc~ ABen RECORDED_REQUEST of III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Cfty of Meridian t ~-~~~s~~s .~__m. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Medical Plaza, LLC, Owner 3. Gardner Ahlquist Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~ day of ..SUI+~.Q. , 2~7, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called C1TY, Gardner Ahlquist Development, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called DEVELOPER, and Meridian Medical Plaza, LLC, whose address 13901 W. Wainright, Suite B, Boise, Idaho 83713, hereinafter called. OWNERS. 1. RECITALS: 1.1 WHEREAS, Owners aze 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, LC. § b7-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developerand/or Ov~mers make a written commitment concenaing 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, Developerand/or Owners has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (C-G) General Commercial), (Municipal Code of the City of Meridian); and 1S WHEREAS, Developer and/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 A,GREEIVIENT (AZ OCa065 GARDI~'R/AHI-Q[TIST) PAC,F. 1 nF 17. • i subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proddings for the requested annexation and zoning designation of the subject Property held before the Plan~auing & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received fiuther testimony and comment; and 1.7 WHEREAS, City Council, the 8`~ day of May, 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 fiill, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Endings inquire the Developer and/or Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPERand/or OWNERS 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 theDeveloperand/or Owners to enterinto 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 agc~eement, 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 affectexl property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and condigons set forth herein, the parties agree as follows: DEVELOPNILNT AGRF.EMIIV'P (AZ 06-065 GARDNER/AH[.QU75T) pA~F ~ nx ~ • 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 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 aad 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 DEVELOPER: means and refers to Gazdner Ahlquist Devleopment, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to Meridian Medical Plaza, LLC, whose address is 13901 OV. Wainright, Suite B, Boise, Idaho 83713, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 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 pazcels to be re-zoned C-G (General Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIITTED BY TffiS 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: 11 Commercial lots on Z2.3 acres in the proposed C-Gzone and the pertinent provisions of the City of Meridian Comprehensive Plan applicable to this AZ OS-06S application. DEVELOPMENT AGREEMENT {AZ 06-Ob5 GARDNER/AHLQUIST) PAGE 3 OF 12 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 and/or Owner shall develop the Property in accordance with the following special conditions: 5.1.1 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. 5.1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.3 The applicant shall be responsible for all costs associated with sewer and water service installation. 5.1.4 The following shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. 5.1.5 The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject properly. 5.1.6 The site shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. Na single building shall exceed 125,000 square feet. 5.1.7 All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100-foot tall buildings without alternative compliance or conditional use permit approval. 5.1.8 Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. 5.1.9 The applicant shall construct around-about at the intersection of T,ouise DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHLQUIST) PAGE 4 OF 12 Drive and Montvue Park Drive to alleviate potential cut through txaffiic OR provide acity-approved alternative design for the internal streets. 5.1.10 The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. 5.1.11 Locate a miugimum of two buildings abutting the landscape buffer slang both Eagle and Franklin Roads as shown on the concept plan. 5.1.12 Construct a maximum of one right in/right-out access point to Eagle Road; coordinate the design and construction of the access point with ACHD and 1'I'D. 5.1.13 The applicant shall construct a maximum of one right-in/right-out/ieft-in access point to Franklin Road. The applicant shall be responsible for the formal layout, design and construction of the raised island(s)/devices necessary to control traffic movements far the Franklin Road/Montvue Drive access, as required by ACIID. 5.1.14 The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority, OR enter into a license agreement with the h~sportation authority to landscape the surplus right-of-way. 5.1.15 A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. 5.1.16 The applicant shall be responsible for the construction of a 10-foot wide multi-use pathway (with a public use ea~ment) and the installation of street lights and landscaping ala-ng Eagle Road (SH 55) that this consistent with the Eagle Road Corridor Study. 5.1.17 Prior to the issuance of a building pernast, the subject property shall be subdivided, as proposed. 5.1.18 The applicant shall complete all required improvements prior to obtaining a Ceitific~te of Occupancy for the proposed development. 6. COMPLIANCEPERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of flee Developer and/or Owners or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code $ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO Y)E-ANNEXATION AND REVERSAL OF DEVELOPMENT AGREEMENT' (AZ 06-065 (3ARDNE~RJAFII.QUIST) PArF 5 (lF 17. ZONING DESIGNATION: Developerand/or 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 and/or Owners and if the Developer and/or Owners fails to cure such failure within six (b) months of such notice. 8. INSPECTION: Developer 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 and/or Owners, or Developer's and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Properly,fail to faithfully comply with all of the tenors and conditions included in this Agreement m 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 Developer and/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 Gity 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's and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zone 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 adapt the ordinance in connection with the annexation and zoning of the DEVELOPMENT AGREEMENT (AZ Ob-ObS GARDNER/Ai~I.QUIST) par,Fanu~~ • • Properly 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 Properly as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, 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 Developer and/or Owners 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 ~ 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 perfornxaace of any covenant to be performed hereunder by either Developer and/or Owners ar City is delayed for causes which ace beyond the reasonable control of the party responsible for such p~erfonnaace, which shall include, without limitation, acts of civil disobedience, stxikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF p'ERFQRMANCE: 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 and/or Owners agr~ to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed,unless the City and Developer and/or Owners have entered into an addendum agreement stating DEVEL(}PMLNT AGRl:E11+IFNT (AZ 06-065 CiARDNER/AHI~QUISTj PA(~F7nF1~ • when the improvements will. be completed in a phased developed; and in any event, no Certificates of Occupancy shall ire issued in any phase in which the improvements have mot been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer 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. NOTICIF.S: Any notice desired by the parties and/or required by this Agr~ment 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, lD 83642 G]Sf1:l ai ;~.`~ Meridian Medical Plaza, LI.C 13901 W. Wainright, Suite B Boise, ID 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, If1 83642 DEVELOPER: Gardner Ahlquist Development, LLC 13901 W. Wainright, Suite B Baise, ID 83713 16.1 A party shall have die right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVEIAPMENr AGREEMEN'P (AZ 06-065 C3ARDNFR/AHI.QUIS~ party A nF y • 17. ATTORNEY FFES: 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. Thos provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 1$. TaVIE 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 and/or 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 inquest of Developer and/or Owners, to execute appropriate and recordable evidence of ternaiuaation of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owners have fully performed its obligations under this Agreement. 20. ld1TVALID PROVLSION: ff any provision of this Agreement is held not valid by a court of competent j~isdiction, such provision shall be deemed to be excised from this Agr+~ment 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 Developerand/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 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 ~ 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. DEVELOPMEN'P ACiREEMENC (AZ 06-065 GARDNER/AHI~QUI517 pArn. a nw ~ 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 AGri~EMENT: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 o~the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided DEVELOPER: G T DEVELOPMENT, LLC ~y: owlvERS: MERIDIAN MEDICAL PLAZA, LI.C ~-R-- crrY of MERIDIAN `~~,"r~- „ram-..~ ~~ ~ *` ~ ,~ Attest: ti C~' '~ de WEERU L a~-cr~ 7...1v--p7 - s~~~ - c1TY cr..ERx '^ ~•~ DEVL'LOPArII?NT AGRF=FM~AtT {A-i~,~j~,~N~(,~`~I,QUIS'I') ~~rrrrrrrrrr it~rr<<~~`~~ PAf3F.1(1 f1F 17 i • STATE OF IDAHO, ) ss County of Ada, ) On this ~ day of h 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared . `+7 7Lt o~tra r t~~~v~s~ , known or identified to me to be the D(iVn ~' of Gardner Ahlquist Development, LLC, acknowledged to me that they executed the same on behalf of said corporation. IN '~i~'I'NESS WFIEREOF, I have hereunto set my hand and affixed my official seal the day and ye 'this certificate first above written. ~p1.~7t ~~ STATE OF IDAHO, ) . ss County of Ada, ) NQ~, :,.~,~s,~ ~BC rc •~''~.~F IDAI'lG . ice., ~~S Notary Public for Idaho Residing at: oz r~- My Commission Expires: ~i v of c~ On this ~ day of v~ ~ 2007, before me, the undersi ed, a Notary Public in a~ad for said State, personally appeared ~./ • `TGr o~vz ~s ~ ~~ ~ ~ ~ s~ known or identified to me to be the Owr~e.r' of Meridian Medical Plaza, i i r acknowledged to me that they executed the same on behalf of said corporation. official seal ~~~) Notary Public for Idaho Residing at: ~o%~ ~.-~ _ My Commission Expires: it o 2 to DEVELOPMENT AGREEMENT (AZ 06-065 GARDNER/AHi QUIS1~ IN WITNESS WFIEREOF, I have hereunto set my hand and affixed my _`$iad:~-ear in this certificate first above written. PArF. l l (1F 17. C~ STATE OF IDAHO ) S5 County of Ada } On this ~ o ~ day of 2{107, before me, a Notary Public, personally appeared Tammy de Weerd and illiam G. Berg, 7r., 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) q ~ ; • ~' ; x: ~ '~ ,:' .~ ~ +.~~Qr~~ otary Public for Idaho Residing at: C~ 1 ~ Y7 Commission expires:. -~~l I ~I DEVELOPMENT AGREEMENT' (AZ b6-0G5 GARDNER/AHI.QUIST) PACTF. 17 f1F 17 A. Legal Description . ii~wi ~{Il~N''9~~j~~~,1,pyryl1li ' y '." `a~p1. LA1Vp~,E' ~..r.... ~~05Q~ \S7EQ~~ ~'~ C/V/LMDS7N1JWr/RALDN6INEERING ~e ~r-or~ f •. ~ AV/OG r~ ~~a w EXHIBIT A Annexation Description Rev. C a• N~N~ For Ahlquist Development ,'.-~~ <~'; Job No. 06320 February 6, 2007 A portlon of the NW1/4 of Section 16, T3N, Ri E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 18, as shown on Comer Perpetuation Record, Inst. No. 96007475, Ada County Records; them along the North Line of said Section 18, South 68°20'11" East, 1015.45 feet, b a point on the East Line of Morltvua Park Subdivision, extended north to said Section Llne, as per the plat thereof, in Book 17, at Page 1107.1108, Ada County Plat Records also being a point on the West Line of Touchmerk Living Center Subdivision No.1, in Book 86, at Page 1031&10318. Ada County Plat Records, also extended north to saki Section Llne; thence atang the boundaries cx>mman to both said subdivisions, South 00°11'43" East, 1111.19 feet, to the southeast tamer of t.ot 1, Block 5, of said Montvue Park Subdivision; thence along the South Une of said Lot 1, Block 5 and beyond, North 88°14'00" West, 207.40 feet, to a point on the Centerline of E. Morltvue larive, as shown on said plat of Montvue Park Subdivk~lon; them along saki Centerlin®, North 00°12'98" West, 118.58 feet; thence North 88°30'08" West, 988.73 feet, to a point on the Llne common to Lots 1 and 2, black 4 of saki plat of Montvue Park Subdivision; thence along said common Line, North 00°12'18" West,18.12feet; thence North 88°30'08" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thenoe along said Centerline, North 00°12'16" West, 122.02 feet, to a point on the Line common to Lots 9 and 10, In Black 6 of sold Montvue Park Subdivision, extended east to saki Centerline; thence along said extended Line, North 86°30'24" West, 179.37 feot, to a found 1/2 inch mbar marking the comer oommon to Lots 8, 7, 8 end 10 of Block 5 in said Montwe Park Subdivision; thence along the Line common to said Lots 8 and 7, Block 5, end ®xtending westerly, North 88°30'07" West, 228.03 feet, to a point on the West Line of said Section 16, being coincident with the CeMerHne of S. Eagle Road; thertae along said West Llne, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 871,520 square feet, or 72.30 acres, more or less, and subJed to arty easements or rights of way of record or otherwise existing. V~ j{EVI 3Y ~a6RW~AS ~pg~1C P:1AF11.QUiST DEVELOP1A61qukt r)evelopa~nt M~klianlDrawm~lSmveylDrsa~ptano~A6320 ANNEX revC Dese.d°e Treasure Valley Engineers, Inc. Orifice: (208) 463-0305 1204 67N. Street North Fax: (208) 463-4391 Nampa. Idaho 83667 wtvw.TreasnreValleyEngineels_com CITY of ~Rmla-N FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~, ,J GTlif ~?F ~~ ~r~1c~1 ~~ In the Matter of Annexation and Zoning of 2230 acres from R 1(Ada County) to C-G (General Retail and Service Commercian AND Preliminary Pint Approval for 1]. commercial lob on 19.3 acres in the proposed C-G zone, for Gardner-Ablquist Subdivision, by Ahlgnist Development LLC Case No(s). A~O6-065, PP 07-007 For the City Council Hearing Date of: Apr1124, 2007 (Findnngs approved on May $, 2807) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 3 . Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri124, 2007 incorpordt~ 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 55, Title 57, Idaho Code (I.C. §57-6503). 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 bias, 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 FIN~-INGS OF FACE, CONCLUSIONS OF LAw AND DEGTSION & ORDER CASE NO(S). AZ-06.065 end PP-O7-~7- PAGE 1 of 4 4. Due aonsideratian has been given to the comment(s) received from the governmental subdivisions providing services is the City of Meridian planning jurisdiction. 5. It is found public facilities and services rewired 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 accarc~nce with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Apri124, 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 basil upon the above and foregoing Findings of Fact which are herein adapted, it is hereby ordered that: i . The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and prepared by Treasure Valley Engineers on January 31,, 2007 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 24, 2007 incorporated by reference; and, 3. The following modifications to site specific conditions and development agreement provisions were made at the City Council hearing: i. Approved one right-in/right-aut access to Eagle Road (see VAR-07-087); . ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the Fnanklin/Monlwe Park intersection to direct traffic mOYementS; iii. Allowed buildings to be a maximum of 100-feet tall without any subsequent approval; iv. Requured the applicant to landscape the area outside of the ultimateright-of- way for Eagle Road by either vacating the excess right-of-way, or entering into a license agreement with the transportation authority, v. Required the applicant to construct a 10-foot wide multi-use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. vi. Required around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(3). AZ-OCa065 ami PP-07-007- PAGL 2 of 4 D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior tv the termination of the period in accord with 11-68- 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 riirectar or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the cwrent provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real properly which maybe adversely affectal by the issuance or denial of the conditional use permit approvalmay witiuntwenty-eight (28) days after the date of this deciu~ion and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of Apri124, 2007 CTTY OF MERIDIAN FIIVDINGS OF FACT, CONC[.USIONS OF I.Aw AND DECISION & ORDER CASE NHS). AZ-06-OQS cad PP-07-0o7- PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~"' day of 2007. COUNCIL MEMB$R DAVID ZAREMBA VOTED COUNCII, MEMBER JOE GORTON VOTED__~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~~~^ COUNCII. MEMBER KEITH BIRD VOTED__~~ MAYOR TAMMY de wEERD VOTED ~~~ (TIE BREAKER} Attest: `~.~`~~~ ~ '~. = ~T~O ~= ~~ : - SEl~L William G. Berg, Jr., ty erk ~ ~'~ ~ '~ `~\ Copy served upon Applicant, The Pl~~~~public works Department and City Attorney. B ~~-~' Dated: 5' ~' ~ 1 Gity Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOjS}. AZ-Of~065 ar~d PP-07-007- AA~3E 4 of 4 CITY' OF MERIDIAN PLANNING DEP 1'MENr STAFF REPORT FOR THE HEARING DATE OF APRIL .24, 200? STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 Ahlquist Aauexation/Gardner-Ahiquist PrelimmaryPlat AZ-06-065 A~exation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail artd Service Commercial) PP-07-007 Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applic~t, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 11 commercial lots in the proposed C-G zone. The applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller commercial structures. The subject property is located on the southeast coiner of Franklin Road and Eagle Raad (SH 55) in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contaips various existing homes and associated outbuildings that will be removed/relocated at the time of development. This property is within the City o£ Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ-06-065 and PP-07-007, as presented in the $ta$ report for the hearing date of March iS, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreensent amd preliminary plat provisions proposed in Section 10. The Meridian Plannins and Zoning Commission heard these items on March 15.2007. At the March 15.2007 public hearing,the Co,Lmml~sion voted to recommend approval a. Summary of Commission Public Hearing: i. In favor: Penelope Riley, Rosa Mortimer. Tom Ahlanist Matt Bell ii. In ODDOSitiOII: None iii. COWmentiIIg:lyOne iv. Written testimonv:_Matt BeIL, St Lake's RMC v. S~,iff preselatine application: Jasidn Lucas vi. Other staff commenting on am-licn 'on: None b. ,Key Isstigs of Discussion by Commission: • i. -Access to Eagle Road itL Traffic concerns c. Kev Commission ~R~ to Staff Recommendation: i. - Modd~iied condition 1.2.4 regarding the access to Eagle Road to include the statement i'Unless approved through a variance by the Citv Coulscil" ii. -Stron~v suo~rted the proposed access point to Eagle Road with the foq wing language which was included in the motion "Commission ~hix recommends air' h_~-ia right-out access on Eagle Road. We feel it's necessary for traffic flow and safety and viability of the proieM. Gardner/Abiquist - AZ-06-065, PP-07-007 PAGE 1 CITY OF MERIDIAN PLANNIIJG DEPARTMENT STAFF REPORT FOR THE HEARIN Q DATE OF APRiL 24, 2007 d. Qutstanding Issng[s) for City Conncfi: I. = A variance aunlication has been submitted for City Council revjew iL iii. iii. 3. PROPOSIEIy MOTIONS Approval Aftea cx>nsidering all staff applicant and public testimony, I move to approve File Numbers AZ- 06-065 and PP-07-007 as presented in the staff report for the hearing date of Apri124, 200'7, with the following modifications: (Add any prolmsed modifications.) Denial After considering all staff, applicant aad public testimony, I move to deny File Numbers AZ-0b- Ob5 and PP-07-007 as presented during the hearing on April 24, 2007, for the following reasons: (State specific reasons far denial. of the annexation and/or preliminary Plat request.) dazdnar/Aiilquist - AZ-06-065, PP-07-007 PAGE 2 wm. Stsff_has concerns about the excess riaLt o wav adiacent to Eaele Road. T4is alma conid end au as a "no mans land». CITY OF MERIDL9N PLANNINti D~PARTMEN'I' STAFF REPORT FOR TIC fIEARING DATE OF AAWX. 24 2007 COnt~ltaallCe After considering all staff:, applicant and public testimony, I move to continue File Number AZ- 06-065 and PP-07-007 to the hearing date of (ins t continues hwrxng date here) for the foUowin$ reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/location: Southeast corner of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Uwner: Artiach Properties, LP Touchmark of the Trasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete )fat of property owners please see the project file c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, ID 83616 c. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f Applicant's Statement/Justification: "The applicant is proposing a mixed use development targeted towards high end users. The proposed uses include shopping, restaurant services, gen®ral office, and medical office." 5. PROCESS FACTS a. The subject application will is fact constitute an anr~xation as determines by City Ordlinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26'x, and March 12ffi 2007 (Planning Commission), March 26a', and April 9`'', x007 (Cfty Council) d. Radius notices mailed to properties within 300 feet on: February 16a`, 2007 (Planning Commission), March 23'x, 20iYl,SCity Council) e. Applicant posted notice on site by: March 5~, 2007 (Planning Commission), ,A-»ni17t°. 2007 (Clt_v Counclll GardnarlAhlquist - AZ-06-065, PP-07-~7 PAGE 3 CITY OF MERIDIAN PLANNllVG DEPARTMENT STAFF REPORT FQR THE HEARDVG DATE OF ApRII. 24, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various use and zoning designations. Of note, are the St. Luke's Regional Medical Ceder to the south, and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Franklin Road and RC Willey Auilding, zoned C-G 2. East: Touchaaark Living Center, zoned L-0 3. South: St. Luke's Regional Medical Center. Zoned L-O 4. West: Eagle Road, Offices, and homes, zoned L-O and R 2 (Ada County} d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what i$ currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraiats aad Opportunities 1. Public Works Location of sewer. This property is proposing sewer from mains in Franklin Road. Location of water. There are currently water mains in Franklin and E. Louise Drive. Yssues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches jrrigation: The Snyder Lateral courses through the subject site in an east/west direction. S. Hazards: N/A 6. Proposed Zoning: C~ 7. Size of Property: 2.2.30 acres f. Landscaping: 1. Width of stmt buffets}: Per the Future Land Use Map, both Franklin Road and Eagle Road ara designated as "Ftttryvvay Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll) proposes a 35-foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips signiSc~ntly into the site. Landscape buffers along sweets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open sp~e: The UDC does not require open space ar site amenities for ca~nomercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. Gardnesr/Ahlquist - A2.06-065, PP-07-007 PAGE 4 CI1Y O~ MERIDIAN PLANIVIIVG DEP~TMENT STAFF REPORT FOR TFIE HEARING OF APRlL 4 2 , 2007 g. Proposed and R~uired Nan Residential Parking: One o~-street parking space is required for every S00 square feet of gross floor area, Also, one Type A and one Type B parking apace required for the loading areas (~ UDC 11-3C-8). No buildings are proposed with the subject application Staff will monitor the square footage of each building as it is submitted far CZC approval to ensure that adequate parking is provided. h Sumrriary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three paints of public street access into this development. The first public street access is proposed directly from Eagle Road (SH 55}. This access to Eagle Road currently exists as Montvue Drive, which acts as the primacy entrance in to the Momvue park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subjerx property from the east. These access points and other access issues are discussed at length in section 10 of this report. Although City Staff has been in contact with ACHI) on this project, as of the print dadline for this report ACHp has not submitted o#1•xcial comments back regarding this application. 7. COBS MEETING On January 12, and February 23, 2007 Planning Staff held an agency comments meeting, The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recanamended actions in the attached Exhibit A. Because this u only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines the Commercial district as: `"Ibis desigaation will provide a full range of commercial and retail to serve area reaidcmts and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zone maybe created to focus commercial activities unique to their locations, These zones may include neighborhood commercial uses focusing on specialized service for residential, areas adjacent to that zone." The applicant is r~uesting to rezone this property to C-G, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive plan policies to be applicable to this property and apply to the proposed. development {staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter'VII, Goal IIl, Objective A, Action 1} When the Caty established its Area of City Impact it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be armexed in the following manner.• • The subject lands currently lie within the jurisdlctlon of the Meridian Rural Fire Depardnen~ Department who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands ctarently....The Lands will be serviced Iry the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACI•ID) and the Idaho Department of Transportation (1TD). Thos service wdll not change. Gardner/Al~lquist - A25, PP-07-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF APRII, 24, 2007 • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should su,,~`er no revenue loss as a result of the subject annexation. • Plan for a variety of commercial and retail oppofimities within the Inopact Area. (Chapter VII, Coal I, Objective B) Stt{,~`finds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map, Stajf bedieves that over #me, a variety of o,~ce and commercial opportunities wilt be provided on this site. • Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Stc~` believes that the proposed development is appropriate along the adjoining transportation corridor (SH SS). This development project will be highly visibde and hedp to define the entrance to the city. Access the SH55 is discussed in greater detail bedow. • Ensure the ease of mobility of people and goods by implementing access cornrol measures on major transportation corridors. (Chapter VII, Goal 1TI, Objective A, Action 1) As currently proposed the existing access point to SH SS remains as part of this development. Stcl,~`'is concerned that this access point does not corforna to the UDC and' may cause increase traffac issues in this area. Sta~`'support of this project is based on the removal of this access point to the SHSS. • Chapter VII, Goal N, Objective D, Action S: R~uire appropriate landscape and buffers along transportation corridor (setback, vegetatia~n, low walls, berms, etc.). The applicant is proposing to construct 3S foot wide street br~`ers along the adjacent arterial streets {Franlrlin Road and Eagle Road). By Ordinance, a minimum 3S foot wide landscape bt~'er along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Use's in Commercial Districts: UDC Table 11-28-2 lists the permitter, accessory, and conditional uses is the C~'i zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan Four Districts are designated whirls differ in the size and scale of commercial structtues accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. xo. A1vA->LYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required and findings. T°he annexation legal description submitted with the application (prepared an January 12, 20Q7, by Robert G. Dinckley, PLS) shows the property adjacent to the e~tisting corporate boundary of the City of Meridian. Qattiina/AWquist - A7-06-065. PP-07-007 PAGiB 6 CITY OF MERIDIAI~T PLANNING DEP~TMENT STAFF REPORT FOR THE 1~EARING~ OF APRIL 24 2~7 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The largest office building is proposed at five stories and 100,000 square feet. 'The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this iocarion. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional „sera. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed_ Also included is the concept plea is a redesigned street network in on the subject ProP~y '~ proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a mare direct east west and north-south circulation pattern through the site. This new circulation pattern and iarensification of use in this arses raises some important access issues. These access issues aze of such importance that staff does not fully support the conceptual street system as shorovn on the concept plan. Further discussion of these access issues is found in the preliminary Plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes duality design essential. The applicant has submitted conceptual elevations for both the office and. retail portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a mmimum deign standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defines in UDC 11-3A 19. Staff also believes a, minimum of 1 l buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Complignce: The purpose of a Certificate of Zoning Compliance {CZC) permit is to ensure that all construction, alterationsand/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and. landscaping improvements must be installed prior to occupancy. Develophment .A,.greemeut: UDC 11-SB-3D2 provides the Commission and City Council the authority to require a property owner to enter into a pevelopment Agreement with the City of Meridian that may require sums written commitment for all future uses. Doe to the proposed Dees and the vis~tbility of this site, staff believes that a Developme~ Agreement is necessary to ensure that this property fs developed io s< fishion that is cansisteot with the comprehensive plan and does not negatively impact nearby properbtes. ff the Commission or Council feels additional development agreement requirements are aececsary, staff recommeada a cleaz outline of the commitments of the developer being requued. A Development Agreement (DA) will be r~uired as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888.4433 to initiate this process. The DA shall include, at minimum, the following: Gardner/AWquist - AZ-06.065, PP-07-0Q7 PACrP 7 CITY OF MER1blAN Pi1ANNDVG DEPAR,TMI~VT STAFF REPORT FOR THE HEARING OF AP RTL 24, 2007 • All future uses shall not involve uses, activities, presses, materials, equipment and conditions of operation that will be detrimental to any persons, prapeny or the general welfare by reason of excessive production of traffic, noise, smoke, fumes; glare ar odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this properly, Permitted and. acxe~sory uses within the C-G zone. All conditionally permitted, use in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) Permit and administrative design review approval from the planning Department for all new construction on the subject property. • The site. shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,OOD square feet of oi~ce space, 30,000-50,000 square feet of retail space and a 20,0-40,000 square foot hotel. A minimum of 11 buildings sball. be required on this site. No single building shall excel 125,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted, with this application. All buildings shall also be subject to the city's Administrative Design Review, The arnylicant shall be allowed to construct u to 100- O°t use • Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated farm other driving surfaces by the use of brick, calored/scared concretes, or pavers or by other means approved by the tr~asportation authority. • Ttm~itQlicatit s_._hall construct a round about at~-e imersection of L,oL+~ t~_*_+ye and M~oty~ m *_k ' e_ to allevaatc thmu c OR _ appta~ved alterlta ' e des'~n for the~rnat e3 - • The buildings shown, an the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and e~etrts consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. • Locate a muumum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. • p~kli_rflpj.#c tsa ~°~1° D~~i /,~Ly CC\ 7. 11 L~ L .1 1 ~ yy ~ a e ri -out to e R •e f )~ + The anolicennt s all ~ stirs, a •4i lm o 'gl+t in/riaht-ovt/left in access 'nt to Fr~anktin Road. The armmli. steal be responsible for hs fo al layout desiffi nd n0nshvdion of the raised igland(sl/devicps n•~pssal~ +~ c..~+*•+I t~nf~n -^ove~t~ fer the Fsan~lclin Road/Montvue Drive access as r iby ACRD • The applicant shall ei er vacate and/or exchange aU right of way for Eagle Road that is not necessary for the road, as defined by the tcausportation authority~QR enter into a license agreement 'th the traflsoortatien a rity to an cnn„P ~ e surolus ri t-o~. ~.,. • A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle .Road and Franklin Road. • ~~ wi ~athwav (with a rnYblic use easementl and the installation of street lights and landru~.s>*+ioa • Prior to the issuance of a building permit, the subject property shall be subdivides, as proposed. Glardnex/Ahlgytiet - AZ-Ofr065, PP-07-007 PAGE 8 CITY OF MERIDL4,lr1 P1,.ANNIPYG DEP~TMt1VT STAFF R~PORx P'OR TIC ti$ARING pA,Tt? OF AP R1L 24, 2007 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed develapnaent. 2. Preli~minsry Plat Apphlcatlon: After compliance with the conditions listed in Exhibit `B", Staff believes that the pmpased preliminary plat will substantially comply with the Unified. Development Code. Special Considerations: Access: Aces to this property and connectivity in this area of the city is au issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The first is Montwe Drive, which. is a public street connecting to Worth Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark. Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicarn also proposes to tie into the gusting access point to St. Luke's Drive in southeast corner of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. • Access to Eagle Rosd (SH SS): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that "Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located an or near the section line road or the half mile point. Due to the access control measures far state highways defined in the UDC staff does cwt support the applicant's proposal to preserve the existing access point to SH SS that serves this property. All access to SH 55 should be abandoned with this application. (Note: Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application m be considered by the City Council to request that the access to SH 55 be allowed) _ • Franklin Road Access: Due to the proximity of this site to the F nkl~n/Fagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the prapu:sed Franklin Road access be limited to right in, right out only to mitigate atry safety issues in this area. Pnblic Street Realignment/Vacation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the prsaliminaty Plat. In addition to the access issues described above that need to be resolved, the applicant should also be required to vacs#e any portion of the public right of way that will not be used for the new street system. Gardner/AWquist - AZ-06.065, PP-07.007 PAGE 9 C1I'Y OF MERIDIAN pLANNllVa D ARTMENT STAFF REPORT FOR TY~ HEARING. OF APRII.24, 2~7 It is stall's understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacatedsnd the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that u used for the existing access point and frontage road that serves the homes with in the Montwe Park Subdivision. Due to the design of the existing frontage toad, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not crnnsistent with the 70 feet from centerline that u established along the rest of this portion of Eagle Road (there is approximately 100 feet of~ surplus right of way}. According to the submitted preliminary plat it appears that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extts 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncared for. To avoid this unwanted situation, staff believes that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required/ultimaterlght of way, as defined by the transportation authority. NOTE; City Staff has contacted ACRD and l:TD staff several times regarding the street system for this project. ITD has provided comments, but ACRD has not provided a fi~ staff report regarding this proje~. Once the comments from AClID are received, they will be added to the staff report conditions in Exhibit B. The applicant ehoHld comply with all ACRD sand ITD conditions or requirements. Landeeepinf: Staff is generally supportive of the proposed landscape Plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15/06, with the following revisions: UDC 11-2B r~uires a 35-foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site_ On the submitted landscape plan, the applicant is Ittoposing to construct a 35-foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area descnbed in the section above. Staf'F believes that the applicant should be r~uited to provide the required street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this area. The applicant should be required to depict the requires street buffers on the face of the final plat in as easement or place the required buffers in common lots (i]DC 11-3B). All required landscape buffers shall be exclusive of the nidmate public right-of--way and conform to the design and construction requirennen~ of UDC 11-3B-7. Chaptear 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Pazk Drive, which are local commercial stmts. The applicant should be zequired to depict the required local street buffers on the face of the final plat in an easement or place the required buffs in common lots (UDC 11-3B). All required landscape buffers shall be exchisive of impervious spaces and conform to the requir~nenta of UDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/not~ mentioned above, with the final plat application(s). G~errAbi~c - az-o~-ohs, Pp-o7-~~ PAGE 10 CITY OF MERIDIAN PLANNINp DEPARTMENT STAFF REPORT FOR THE HEARINC3~ TE OF APRU. 24, 2007 Landscape Buffer Between Urea: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Laad Use Map. It is also staffs understanding that the applicant ie in the process of taking ownership of the remaining residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property- Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of nattual waterways, urtersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Preaanre Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A 1S). The applicant should be required to utilize aay existing surface or well water for the primary source. Yf a surface or well source is not available, asingle-point ronne~tion to the ciulinary water system shall be required. If a single-~irn cannedion is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the Snal plat by the City Engineer. An underground, prmsswrized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencuag plan should be submitted upon application of the Seal plat (UDC 11-3A 7). if permanent fencing is not provided, temporary const<uction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit, All fencing should be installed in accordance with City Code. See Exhibit H below. Refase/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the reii~se/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly dennonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of A7r0(a065 and PP-07-007 with the Coudidons listed in F.Bhibit $ of the Staff Report for March 15, 2007 and sabject to the development agr~ment proviaioDa listed iu Section 10. The Meridian Planning snd Zoning Cnmmii¢iaen hes~rd th~p Glardnet/Ahigaist-AZ-06-065, PP-07-007 PAtiE I I GTI'Y OF MERIDJAN PI.ANNINp D1~7'~y~" STAFF REPORT FOR THE HEARING. OF APRIL 24, 20Q? ii. Errs A. Drawings 1. Preliminary Plat (dated January 31, 200'n 2. Landscape Plan (dated April 5, 200 3. Conceptual Site Plan 4. Conceptual. t~ce Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Departnent 2. Public works Department 3. Fire Depaitm~tt 4. Police Deparmnent S. Parks Department 6. Ada County Highway District >~ 7. Idaho Transportation. Department C. Legal. Description D. Required Findings from Unified Development Code GardnerlAhlquiat-- AZ-06-0b5, PP-07~7 PAGE 12 CITY 4F MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOIL THE HEARING. OF APRIL 24 2007 A. Drawings 1. Preliminary Plat (Dsted 1-31-0'~ +o +aa o.u --..~rov..~ -- ~., ~...4..~. ~~ ~~ ~~ ~~ ~~ ~~ .~ 9 ~ 9a0 ~a~~ye~ t t ~~i ~~~~_~~~;~i ~~i...0m.... Exi~iibh A CITY OF MERIDIAN PLANNINQ DF~TMi~IT STAFF REPORT FOR THE I3EARING• OF APRII, 24~ 2~1 a 2. Landscape Plan (Dated 1-15-0'n 4~ ~ p a i ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ( 0 ti } f( ~~~ ~ ~ B 6a ~ v ~a ~ ~ .m'~d`~ _ x'2'iJR~:~mA Exhibit A • • CTTY OF MERIDIAN FLANNTNQ DEPARTMENT STAFF REPC-RT FOR Ti~E iiEAl~t't~ DATE OF AP~CIL. 24, ,2007 3. Conceptual Side Plan ~~~ a CITY OF MERIDLW PLANNING D ®TMENT STAFF REPORT F01t'I~ ~IEARIN~}® ,E OF APRIL 24 2~7 a 4. Conceptual Office Elevations ~.~4 ~~~ ~ ~~ b ~ ~ .. 1 ~~ ~~~ ~ 1 ffJJ ' ~~ T ' ~~ ~ ~ . fir. _ Y.`,i; ~ a`7~ ~'` . - h,, ~ ~ ~ r~44; _ ~pII~f' ~ 3 f '$' c i '. t! .. ,,; ~+ ~~~'-ti . _ . ~L - 'F" - ~ r - ~ '~~~~~ ` cwt-hnissr. ~4 ~ ~. r ~. ti,+~i Exhibit A CITY OF MERIDIAN ALANNING DBP® TMEN'I' STAFF RE~'ORT FOR TFIE fff.ARINGO OF APRIL, 24 2 ~7 5. Conceptual Retail Elevation Exhibit A G1TY OF MERIDUIN PLANNING D •T1yEN1' STAFF REPORT FOR THfi HFARWO• OF AP RTL 24, 2Q07 B. Agency Comments sad Conditions ].. PLANNING DEPARTMENT 1.1 A1~MExATtO1V CoMMENTs 1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007, by Robert G. Hinckley, PLS) shows the propeRy adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 14 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 STI'E SPECIFIC REQU]REMEN'fS---PRELIMIIV'AgY PLAT 1.2.1 All comments and provisions of the acxompanying Annexation and Zoning application (AZ-06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15!06, is approved with the following revisions: • Construct a 35-foot wide street buffer along the etdire frontage of FxBaklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public night- of-way and conform to the design and construction requirements of LTA 11-3B-~. • Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements ofUDC 11-3B-7. + A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. AU standards of installation should apply as listed in UL~ 11-3B-14. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reIlecting the chaageslnotes mentioned above, with the Seal plat application(s). 1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a !afoot wide landscape buffer along both sides of the proposed Fast Louise Drive and North Montvue Park Drive. Said buffers shall either be an t or within separate common lots. 1.2.4 The access point to Eagle Road shall be . acted to right-i ri ~+ut only. Place a note on the face of the final plat restrictin ac~PSC +n Female Road. 1.2.5 Construct a maximum of one access point to F lip Rnad_ Said access shall be restricted to ~eht-i_+Jri~l~t-on /1 _ _-ln only. P.laee a note on he fa~.a of 4Hp final plat rat,-ictjnLx ac~egg to Franklin Road V~-~ Exhibit B • • GITY OF 1~k1DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FIEARINf.r DATB OF APRII. 24, 2007 1.2.5 1.2.7 The~pplicant shall constaact a ld-foot wide mul "use pathway wwith a public use easement) a~ ta] street ]i H and ]an ~ along Eagle oad (SH SS) that ~_~ with the,E. a~t*le Road C,~orridor Study 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed Preliminary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate right of way necessary for Eagle Road, as de8aed by the transportation authority~R enter into alicent,~e agr~ment ~vith~he~nsnoltation authority to landscape the surolus right.ef- -: 1.2.10 All buildings that span across proposed lot lines, or da not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform. to city code, prior to signature of the final plat by the City Engineer. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate pleas will be reviewed and approved by the City Engineer. 1.2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 1.3 GENERAL REQUIREMIIV't'S-PRFr_nvrY1a'ARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the ~bdivision and on the perimeter of the subdivision pursuant to U13D 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 1 l -3A-11. 13.3 The City of Meridian requires that pressmrized 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 uadeaground, presstuized 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. 1.3.4 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 ar-d where staff has reviewed such plan, the landscaping shall be consistent with the preliminary Plan with modifications as proposed by staff 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. ff permanent fasting is .not provided, temporary construction fencing to contain debris must be F~thibit $ • CITY OF MERIDIAN PLANNING D1~ARTMENT STAFF REPORT FOR THE HfiARI1~TC} DATE OF APRIL 24, 2Q07 installed aranmd the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 2Q feet of all right-of-way. AU fencing should be installer in accordance with UDC 11-3A 7. 1.3.6 Arty tree over 4" in caliper that is removed from the propezty shall be replaced by installing additional trees, being the equivalent number of caliper inches of frees that were r~noved. Required landscaping tree will not be considmed as reph~nent trees for those trees that have to be mitigated. 1.3.7 Stafl?s failure to cite specific ordinance provisions or terms of the approved annexation/conditionalcase does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are requires 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 Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mamas shall be capsized to a minimum of 10-inch from the connection in Franklin to the connection in Louise Drive, with an capsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/'Vault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service instaleed or main fronting it. 2.6 Any potential reimbursement agreements must comely with all requirements of Gity Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which include 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. 2.7 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). 2.8 A pressurized irrigation system using existing surface waxer shall be required per City Code. 2.9 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 bo owned and maintained by an Tirigation District then a letter of plan approval shall be ~~~ CITY OF MERIDIAN PLANNING; DEPART ~grq~F REPORT FOR THE HEARIN(,,• OF APRII, 24, 2007 submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized imgation systems be supplied by a year-xoimd source of water (LTDC 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, a single 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 ass rents for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature an the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary a$justments to achieve this separation requirement and comply with all landscape r~uirements. 2. i 3 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 9-4-5. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11.3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being 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 ornon-approval submitted to the Public Works Department prior to plan approval. Yf lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City ingineer. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on tb~e final plat. These include but are not linnited to, fencing, landscaping, ameniges, pressruyz~ irrigation, sanitary sewer, and water. 2.16 Sewer, water, p~ressutized iaigation, 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 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 signature on the final plat. 2.18 it sha11 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 may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Wherc mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk aces. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineers bacldll, where footing would sit atop ffi1 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. 224 One hundred watt, high pressure sodium streetlights, on 25' pole shall be required on all public Exhibit B CITY OF MERIDIAN PLANNINQ DEPAlt7`MENT STAFF REPORT FOR T!~ HEARDJG~ E OF APRIL 24 2~9 residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design ofthe streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdividet's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Fi>ial 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 pernut frrom Building Department prior to commencing installations. 3. Fu~E DEPA1tTMENT 3.1 Acceptance of the water supply for Sre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing, 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 h" outlet face the main street or perking 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. S. Fire hydrants shall be pmvid~ to meet the requirements of the Y~'C Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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 Fire Lana shall have a 20' wide improved surface capable of supporting an imposed load. of 75,000 lbs. All roadways shall, be marked in accordance with Appendix D Section D103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire bane". 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The various ofllce%ommercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volute. The Meridian Fire Dot Exhibit B CITY OF MERIDIAN PLANNINti D • ENT STAFF REPORT FOR THE HEARING DATE OF APRII, 24, 2~7 has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our r9equests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 '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). 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is a~ressed off of. Please contact the Addressing Specialist at 898-5504 to address this concern prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility ar building hereafter constructed or moved into or within the jurisdiction is more than 400 feet {122 m) from a hydrant on a fire apparatus access road, as measured by an approved mute around the exterior of the facility or building, on site fire hydrants and mains shall be provided where requires by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.12, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 1 ~' of all fire department comrectians. 3.16 Buildings over 30' in height are rcquired to have access reads in accordance with The Tntemataonal Fire Code Appendix D Section D105. 3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three atones in height shall have at least three means of 5re apparatus access for each sttvcture. Two of the access roads shall be placed a distance apart equal to not less than ane half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall ~ provided with two separate and approved fire apparatus access roads separated by one half of the ~maximnm overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exceptlan: Pnajecta having a groom building area of up to 124,0 square feet (11520 m2) that have a single approved fire apparatus access maid wbaa aU buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.20 Due to public safety concerns the Fire Department reeds a right in, right out only aor~ss to Franklin Road Exhibit Ii CITY OF MERIDIAN P1:ANN1AiG DEP~TMENT STAFF REPORT FOA Tt~ HEARaN(3 pp'r~ OF APRIL 24 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall Iimit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Due to public safety corlcems the Police Department recommends a right in„ right out only access to Franklin Rand. 5. PARKS DEPARTMENT 5.1 Standard far Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (IJbC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Chdinance (UDC 11-313-10) will be followed 6. ADA COUNTY $IGHWAY DISTRICT 6.1 All of the identified roadway amd transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agetrcy plans w construct (AC>-ID $ ~) or ptnposed by the applicant to be constructed. Therefore, the impacts of this development cannot be ~~Y ~~~~ ~ surrounding intersections will not opeaate at an acceptable level of service. 6.2 Comply with regtirirements of ITD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from 1TD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 3348340. 6.3 Dedicate 60-feet ofright-of--way from the centerline Franklin Road abuttYng the site. 6.4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way, as proposed. 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of-way on N. Montvue Drive to be vacated or exchanged. If the vacation/exchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to crrrreat public street standards. 6.7 Construct one roadway (E. Louise Drive) to itideisect Eagle Road located approximately 200-feet north of the south property line (r~sured property line to c;enterline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to leR-iu/right-in/right-out only. 6.9 Other than the access specifically approved with this application, direct lot access is prohr'bited to Eagle Road sad Franklin Road and shall be noted on the final plat. 6.10 Cazrrply with all Standard Conditions of Approval. Exhibit B C11Y OF MERJDIAN PLANNIIVQ DEP~TMENT STAFF REPORT FOR THB HEARIN4 DATE OF APRIL 24, 2007 7. IDAHO T9tAATS~'ORTATION DEPARTMENT (FER A LINER RECRIVRD JANUARY 22, 200'n Deaf 2,on~g Aclmd+op'scratar, LT.D.e aob detod Iem~ery ti, 2G07,pmmptad a tncering wide tLa de~velcper a3ad thdr eaglneers. At the g that anee l~ld aa- JBaeary 19s~e mein dieeneei~t aas to Leave ~e lklasatvue Drive eoaeea is place to ae aelSltt in ~ out aooe~ Y'h®T.LB. aba~ured ioa- the aooeea aemld help aedace file dday st th,e St. ~nloes+d87~- LT.D. ~ si~ble 1NV3ng We accx.ae em bavetl~ des~dopare the ea>Btigg2o o~cb tadias tc- a ~imtm o~30 ~ then the ~ cedins aro haws ass a~me~at au this eFpliceCion.. Auy vvol~ dojo on the Stele Rift aP ay tvbl a perncdt panadt agp~dlaaae m+e available Srom this offiee a the meinteeanoe a~ce;n Please Lave ~e applicant eomtact Mstt Wetd st 8150 Cbndeu Blvd. 83?l4 in Hoise ~ sell (208) 3 ~ 8341 to obtain a permit. sPp3ieatigop. ffyou Lave euY questioa4pLetsa call ~y Strough st 3348924. Exhibit B CITY OF MERtD1iAN PLANN~TCi DF.P~TMENT STAFF REPORT' FOR T!>~ HEAII~ING d~C'TE pF AFRII. 24, 2007 C. Legal llescription VY ~ I ~~ ~~~ f . ~ . ~,~ EXHIBIT A An111exetion Description Rev. C For Ahlquist Development Job No. t~320 February 8, 21y07 A porlbn of the NW1/4 of Section 16, T3N, t~1 B, B.M., Ada County, Idaho, as follows: Bt:GINNiNO at found eras ~p monument merkirlg the Nattrvr~st Comer of said Section 1 ti, as shown on Comer Perpa4uatlon Redd, Inst. No. 88007475, Ada County Records; tit edortg Ufa North Line of said Semon /8, South 88°20'11" Eaat,1018.45 feet, to a point on the East Line of tdlontvue Park Subd'arision, extended rrortFr to said Sesxion Lin®, as pet the plat thereof In Book 17, at Pap®1107-1108, Ads County Plat Reeorda ~ being a point an the West Lure of Touctrmark Lhdng 1:enter Sutxlivisian No. 1, In Book 88, at Pag®10313-10398. Ada Courtly Piet Records, also extended noM to said Section Lute; thence along the bourtttarie8 canmon to both said subdlviafons, 8alattt o0°11°43° East, 1111.19 feet, b the southeast comer of Lot 1, Brock 5, of said Montvue Park Subdivision; ttrencs along the South Lure of said Lot 1, Black S and beyond, North 119°14°00° West, 207.40 feet, m e point an fire CentaAine oP E. Montvc,~ Drive, as shown on Bald plat of Montvue Park 6ubdivlsion; thence along Bald CenNrtine, North ~°12'19" West, 918.b8 thence North 89°30'D8" West,188.73feet, to a point on the Une cxanurlan to Low 1 and 2, ~ block 4 of mid plat of Mantwe Park SubdiviNon; thence +along said common Line, North OD°12'18° Went, 18.12 feet: drence North 89°~'~" West, 200.23 feet, to a point on the t.pnteripre of W. Manivue Drive, as shown on said plat of RitoMvue Park Sulxiirrisian; d~enoe along said t'.eMedtne, North QO°12'18" West, 122.02 feet, to a point on the Line common to Late 9 and 10, in Bioolc 6 of said Madvue Park Subdivision, extended east to said Centerline; thence ebng sedd extended Lure, North 88.30'24" West. 17®.37 feet, to a found 1/2 Inch rebar marking the calmer common to Lota ®, 7, 8 and 10 of Block B in sold Montvue Park Subdivision; them along tha Line cxxrtmon to Bahl Lots 8 and 7, Bklcic S, and eldertding westerly, NaNr 88°30'07" West, 228.Q3 feet, to a paint on the West Line of saki 8eatlon 16, being coincident wilt the Centerline of S. Fagte Road; therlCe slang said West Lin®, North Ot1°22'14° West, 855.48 feet, to the POINT OF BEt31NNING. Containing 871.520 square feet, or 22.3Q sofas, more ~ . and sut>lect to any easements or rights of way of record ar at~rwtse exast>~. KBY~ 11i~4 6Y n4wRi-7iAM P11PT. C P.Wl4QU18Ti>EY~OPIA6Da-~epm~Mm{df~e di:,r.Y•SD~ N~iNBX1evCDero.doo Treasure YaAey Eagineers, ]aa 1304 6~. Streat North Nampa. Idaho 83687 awe: t2nsl a63-03os Far: (208) 463-4391 wtvw.TreasrueValleyEngineers.com Exhibit C CTfY OF MERIDIAN PLANNING D ARTMENT STAFF REPORT P'OR TFIL HEARING. OF APRTL 24 .2007 EXHIBIT B ~ ~~ e e srti e9oci~s "- _-~_-- E FRANIaJN ROAD 588'20'11'E 270B.xS' ~.._..-•.rl:-~•=~~~~•~•~•.~..~.~_...I....-.._--- •~-• _.._ 1890.60' ~ ~ s eN~6g, cw _ I j ~ 8L I ® j i _ ~ w~ON ~ ~ I ~'~_ ® ~~p~~.' 110 I ,c~~~ I I I ! ` ~~13 ~~. ~/ ~ ~~ a I 1~2 80~ j 17@.37' ._.._..J ~ m r' '~' I I I ~ I ~ ICI ~~ ' j I j • ~ ~, Nb012'19'W~ 1 ~ I I j 18.12 I ~ H ' f ..jw.._.._. T.._.._.. ' ~ ~ - _ 1 a.4o' I I ~ ~ ® ~j5 ® ~ ~~~ ~sa-m«dm j ~ I ~ I I ~I~ a ' I I Itee~al•w 1011.72' 1 I iwNExarroN ARF~- I zz.ac acls~ ,-e,~. s71.s2o so. Frt PRO,I~c'r! ~. ANNEKA710N MAP OEI~LOPMFaIT '"''"~''°"G ~~ REV ~ Y~I ~ ~~„ ~~os NWt/4, SEC. 18, c°r~ T3N, R1E. B.M. CIT( OF o ~~! os3zo MERIDlA,N, ADA CO., IDAHO A ~~~~ SNEET 2/8/07 1 OF 1 Exhibit C CITY OF iN~gn}~ pItANNING Dt,.PAR~~T STAFF REPORT FOR TH$ HEARIlVG AA~ F FEBRUARY 2, 20b6 D. Regr~ired Findings from Unii3ed Development Cade 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a frill invesbigatioa and shall, a# the pnbtic hearing, review the application. In order to grant an annezation and/or rezone, the Coundl shall make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject properly to C-G. The City Council finds that the proposed zomigg 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. ~. The map amendment complies with the regulations outlined for the proposed district, spedBeaUy the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be watetia>ly detrimental to the public health, safety, snd welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely an any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not resdt ld an adverse impact upon the delivery of service by any polidcr,l subdivision providing public services within the City including, but not limited to, school dishlcts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. S. The annexation is in the best of interest a# the City (UDC 11-SB-3.E)- Tire C~ zoning amendment will pmvide commercial area that is similar in nature to existing and proposed commercial/office development in the vicinity. 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 Council 5nds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applica~ enters into a .bevelopmertt Agreement (DA) with the City, as mentioned in Section ].0 of the Staff Report. Exhibit D GI7"Y OF MERIDIAN PY,ANNING DEpgiZTN~T STAFF REPORT FOR THE HEARIN G DATE OF FEDRUARY 2, 2~6 2. Preliminary Plat Findings: In consideration of a Pm'Y P~~ eornbined preliminary and final plat, or short plat, the deda~o~n maldag body shalt make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council fords that the proposed application is in substantial compliance anth the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Pablie services are available or can be made available and are adequate to accommodate the proposed development; The City Cou~il 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 io conformance with scheduled pubic improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their coat, the City Council finds that the subdivision will not require the expenditure of capital improvement fiutds. 4. There is public Snancial capabt9ity of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, Etta, AC1^ID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail-) S. The development wiU not be detrimental to the public health, safety or general welfare; and The Gity Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACI~3 considers road safety issues in their analysis. Staff recommeods that the Commission and Councll reference any public testimony that maybe presented to determine whether or sort the proposed subdivision may ~~ ~~ ~~Y ~ environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staffrecommends that the Commission and Council reference any public testimony that may be presenter to determine whether or not the proposed development may destroy or damage a natural or scenic features} of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLA,NNIIVG DEP~TMENT STAFF REPORT FOR THE HEARING. OF APRIL 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the rem in;ng residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Laterai traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled,. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iTDC 11-3A-1S). 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the f nal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is Aot provided, temporary construction fencing to contain debris must be installed arouad the perimeter prior to issuance of a building pemut. All fencing should be installed in accordance with City Code. See Exhibit B below. Refase/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuseJservice areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZ-06-ObS and PP-07-00? with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Meridian Planning and Zoning Commission heard these items(sl on March 15.2007. At the March 15 2007 unblic hearing the Commission voted to recommend aUOroval. On An 'i 24 2007 he Meri i n City nuncil v nri +~ ~annrnva tha subiect applications. Gardner/Ahlyuist - AZ-06-065, PP-07-007 PAGE 1 l GTTY OF MERIDIAN PL,ANNINa DEP~TMENT STAFF REPORT FOR THE HEARING•TB OF APRIL 24 2007 11. EJ~ITS A. Drawings 1. Prelimiuaty Plat (dated January 31, 200Tj 2. Landscape Plan (dated Apri15, 2006) 3. Conceptual Site Plan 4. Conceptual Of&ce Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District eemi~g~ 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 12 CITY OF MERIDIAN pI.ANNING DF~TMENT STAFF REPORT FOR THE HEARIIQG• OF APRIL 24, 2007 A. Drawings 1. Preliminary Plat (Dated 1-31-07) Noyt~gHQ ;dYli A9 0 LBlib aol~ ~~ m~~~ A61lTIId9I11dY4 ~ R7d ~~a ~~ €~ ~~~ ~~ y ~~ Extubit A CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPOR'~ FOR THE HEARING ITA'IB OF APRLL 24, 200 2. Landscape Plan {Dated 1-15-0~ Exhibit A F ~,4NI~iN KUAU ~~T1G DATE OF AT'~4' ~~~ ~,~ETTf STAFF ggpORT FORTHE PLANNING DEF IAN D ERI OF M cry Conce'P~ r ..,._. a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF APRIL 24, 2007 ~.. ,~ --~ .V ~ I' ~, ~+ ~4 :.~ ":e' Gi~!'i }' 7'r Exhibit A 4. Conceptual Office Elevations • o CITY OF MERIDIAN PLANNINQ DEPARTMfiNT STAFF REPORT FOR THE HEARING DA'I'S OF APRII.24, 2007 ~ •,;, Y r mss, ~ ~ .~.~ ~_., i -`'F ~' 4 say tl.: ~+ ~ ~ _ ~: V-"i + j .. ~"- r "$_# ~ y ~ N_ • J ~~ . ~ L" S~ ,.fr, L . p~ ~ ~' ~ •1 ~ r F i= t ,'"~L ! ~ ~, 1' s ~ ,i 'm Y. 1 r c i Exhibit A CITY OF MERIDIAN PLANNING D •TMENT STAFF REPORT FOR THE HEARING OF APRTI.24, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submittal. with the application (prepazed on February b, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter ilrto a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS--PRFT•IMIN'ARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-06_ 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15/06, is approved with the following revisions: • 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 and conform to the design and construction requirements of UDC 11-3B-7. • Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements of UDC 11-3B-7. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan. is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall either be an easement or within separate common lots. 1.2.4 3~e-C-i~e~~-prfer tr,-~~ ~ r..~. ~ , ,~„ a vr~a~-rmarp , . The access point to Eagle Road shall be r~estx~icted to right-in/ri ht-out only. Place a note on the face of the nil plat restricting access to F~aol~ Rnad 1.2.5 Construct a maximum of One access point to Franklin Read ~airl arrPec aHall ha rpefri,.+~1 +., right-in/right-out/left-in only Pl ce a note on the face of he final nlat +-;~~~~~ azcess to Franklin Road. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII, 24, 2007 1.2.6 The appli amt shall concm~ct.a~und about at the intersection of .~Lise 1~-ive and Mantvue Perk rive to a leviate potential cut throw traffic OR provide acity-approved alterna~y denim for the internal streets. 1.2.7 applicant shall construct a 10-foot wide mult.3' use ~athwav (with a publi~,~~ sement) and mall street lights and landscaping along Eagle Road (SH 5~) that this consistent with he Eat Road Corridor Studv. 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed preliminary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that aze beyond the required ultimate right of way necessary for Eagle Road, as defined by the transportation authority~R enter into a license agreeme~ wi h the n oriarion authority to landscape the ~~~X ri t-of 1.2.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards {setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate iirigation/drainage district, or lateral users association (ditch owners}, with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. 1.3 GENERAL REQUIREMENTS-PRELIlVIINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 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. ff a surface or well saurce 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. 1.3.4 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 prelinninary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff 1.3.5 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 Exhibit B CITY OF MERIDIAN PLANNING DEP• TMFNT STAFF REPORT FOR THE H6ARING• OF APRIL 24, 2007 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. 1.3.6 Aray 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. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexationlconditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin, Road. The applicant shall install mains to and through ties subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimLm of 10-inch from the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 2.6 Any potential reimbursement agreements must comply with all requirements of Gity 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 constnuction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant shall provide a ZO-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 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 Exhibit B CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING. E OF APRII, 24, 2007 submitted prior to scheduling of apre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iTDC 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. 2.11 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. 2.12 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. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being 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 Depattment prior to plan approval. ff lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 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. 2.16 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 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 signature on the final plat. 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 tine Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 4(?4 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, vn 25' pole shall be required on all public Exhibit B CITY OF MERIDIAN PLANNING DE•TMENT STAFF REPORT FOR THE HEARING. E OF APRII. 24, 2007 residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed. at subdividet'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 Acceptance of the water supply for Sre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. 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 far all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought vn site. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.10 The various office%mmercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department Ex}ubit B ' • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING RATE OF APRIL 24, 2007 has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridiam siga ordinance at the required intersection(s). 3.12 The Fire Aept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concenn prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 Emergency response mutes and fire lanes shall not be allowed to have speed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 rn2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. F.accepdon: Projects having a gross building azea of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.20 Due to public safety concems the Fire Department recommends a right in, right out only access to Franklin Road. Exhibit B CITY OF MERIDIAN PLANNING D>• TMENT STAFF REPORT FOR THE HEARING. OF APRIL 24, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that da not exceed three feet in height. 4.2 Due to public safety concerns the Police Department recommends a right in, right out only access to Franklin Road. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard flan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3E-10) will be followed. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 All of the identified roadway and transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agency plans to construct (ACfID & I:TD) or proposed by the applicant to be constructed. Therefore, the impacts of this development cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of service. 6.2 Comply with requirements of TTD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 6.3 Dedicate 60-feet ofright-of--way from the centerline Franklin Road abutting the site. 6.4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54feet of right-of-way, as proposed. 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or exchanged. If the vacationlexchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to current public street standards. 6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet north of the south property line (measured property line to centerline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerlinne). Design and install a median to construct on Franklin Road that will restrict this roadway to left-in/right-in/right-out only. 6.9 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 6.10 Comply with all Standard. Conditions of Approval. Exhibit B CITY OF MERIDIAN PLANNINt3 DEPARTMENT STAFF REPORT FOR THE IiBARING DATE OF APRiL 24, 2007 7. IDAHO TRANSPORTATION DEPARTMENT (PI;R A LETER RECEIVED JANUARY 22, 200 Deaf 2Aniag Admia,iasttraetor, I.T.D.s cotom~ dated Jsau~ry 6, 2007 prompted a meeting with the developer and their engineers. At the meeting Wet area held on January 19'~ the main discnssio3- area m live the Iwlo>atwe Drive aooass in place to fhncttoa as a right in ~ out eaoem The T.LS. showed hew the aeoesss could hale r~odace the delay at the St I,nkas sigtal. LT.D. is ap~eeable leavbag tho access and have the developer iincraase the exiatiag 20 C->a1D radius to a minimum of 30 !~ then the ~ tadlua we have no commeait on this application,. Any worlr done on the Stato Right of ay wiU require a permit Peooait applications are availablc from this office or th©mainte~an,ca office in e. Please have the applicant contact Matt Ward at 8150 Chiade~ Blvd. 83714 in Boise or cell (208) 33{ 8341 to obtain a permit appJtlc~tion. If you have any questions please call ~y Strough at 3348924 Exhibit B CITY OF MERIDIAN PL,ANNINC3 DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF APRII, 24, 2007 C. Legal llescript7on V~Y~ ,;1 I.a `Q~~ N,p~G /1~-ti ~S 1ST@/~6~ ~'~. cnat,umstaucrurucF.rucnv~xsvo ~ ~i 10782 T v~ , EXHIBIT A ~ Annexation Description Rev. C :~.~ .. ~ ~• 1a1~~ For Ahlqulst Development - [ ~ ~ ; Job No. 06320 February 8, 2007 A portion ofthe NW1/4 of Section 18, T3N, R1E, B.M., Ada County, Idaho, as follows: BEQINNiN© at found Brass Cap monument marking the Northwest Comer of said Section 18, as shown on Comer Perpetuation Record, Inst. No_ 99007475, Ada County Records; thence along the North Une of said Section 18, South 89°20'11" East, 1015.45 feet, tQ a point on the Eaat Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being a point an the West Line of Touchmark Living Center Subdivision No. 1, In Book 89, at Page 10313-10318. Ada County Plat Records, also extended noRh to said Section Lute; thence along the boundaries common to both said subdivisions, South OO°11'43" East, 1911.19 feet, to the southeast comer of Lot 1, Block 5, of saki Montvue Park Subdivision; thence along the South Line of said Lot 1, Block 5 and beyond, North t19°14'OD" West, 207.40 #eet, to a point on the Centerline of E. Montvua Drina, as shown on said plat of Montvua Park Subdivision; thence along said Centerline, North 00°12'19" West, 119.58 feet: thence North 89°30'09" West, 198.73 feet, to a point on the Line common to Lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Llne, North 00°12'19" West,18.12feet; thence North 89°30'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Perk Subdivision; thence along said Centerline, North 00°12'19" West, 122.02 feet, to a point on the Ltne common to Lots 9 and 10, in Block 5 of said Montvue Park Su~ivision, extended east to said Ctarderiine; thence along said extended Line, North 69°30'24" West, 179.37 feet, to a found 1/2 inch rebar marking the comer common to Lots 8, 7, 8 and 10 of Block 5 in said Montvue Park Subdnvsion; thence slang the Line common to said Low 8 and 7, Block 5, and extending westerly, North 89°30'07° West, 226.03 feet, to a point on the West Line of said Section 18, being coincident with the Centerline of S. Eagle Road; thence alorryg said West Line, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. CoMeining 971,520 square feet, or 22.30 sixes, more or less, and subject to any easements or rights of way of r®cord or ottrerwise e~dsting. Yi+.4 ksv~ EY nM16Rt;~~~s DEFT}C P:IAHLQUIS'r DEVEWRA61qu®t I~o~nCtH Mm'idieeM1[hewinga~SmveylDesaipdamsWd320 ANNEX revC Llme.da Treasure Valley Engineers, Ina 1204 ti~~. Street North Nampa, Idaho 83687 Office: (208) 463-0303 Fa+c: (208) 463-4341 www.TreastreeYal IeyEngineers.com Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HTrARING DATE OF APRIL 24, 2007 EXHIBIT B z ~I i n say eauo~ r; ~~~ I 17 18 f p1 S.4S~°~~~"~~~""~~•~ I ~.. ~~ `~.~_ ~_~_r•_~~Ke.___._..r.._.._.._ .r.._.._.. ~~ ~o 9 61A. esaoa.0 99007475 E. FRANKLIN ROAD 58B'20'1f°E 270B.2S' I / ® I ® I (~ ~ ~ ~ ® ~ i i r.._....--1.,.. I_ - ~ ~ j ~•-.~.. ,j I gl~ T' •.... P~`NK i I ® ~~ I ~: ~~~-~ i + ' I o.....,~ eo I p I .T::\. ~ iii ~~ i I I j ~ `~ ~ X13 •~~~~ • I ! I . ~- B~-O ~~ I r I r.._.._.._ , i .,•. p l ~~.._.._.._ . .~::~1 ., '~,'~... I I I ~ ~ BypCK h I •~ ••~ I N_ 89'30'07"W N89 30'24"W.~ ~ ~ ~" ~ r22`B.o'3' ~" 17837' -••-.._.. ~ •~:'~ I I I ~ I p ~ i ~ Q8 ~ ~ ~BB30'09'W ,,.~__.__...I ~... p i I j i (N00"la 1 j l i~ 1 I I 1 ..F...._.._..,,~.._.._..~~ ~. I j ~ I ~ Y. I I ® 1 ®~O~j5 j ~ I I .~~-~~'`" I: non ~qw w ~ _.._.._..rT.. 9 ~~,,, ® ~ h~~ L'._.._ ._..L. _ _~ _I.._.._.._..._.._.. ..L.._.._.._.._. J~ 1 N8828'41 W 1011.72' I 1 4 I I ANNEXATION AREA ~ 22-30 ACRES 971.520 S0, f7.f lssaso' ' 1 4 COWVER ~ ~ M c~ ~ ~ Z S a° o W Y Z t9 ~2ya =iUU~Of U m ao ~j O r O m 1'=200' ANNEXATION MAP LOUIST DEVELOPMENT '~4~'"`~E"`~~°"~ ',tom rz~e~,srxgra~7ti 2057-i NW1/4, SEC. 16, REV c ~l ~a rcov+oe~sr P~~ T3N, R1E, B.M. CITY OF F~r.oe/t 08820 MERIDIAN, ADA CO., IDAHO _ _ __ ~~arae ,~~,~~"~".,,,~~~„ SHEET 1 OF f Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA~ F FEE RUARY 2, 200b A. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations oulined for the proposed dish~ict, specifically the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materiaDy detrhmental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. S. The annexation is in the best of interest of the Gity (UDC 11-5B-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commerciaVoffice development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasoAable expenditure of public funds. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to C-G world be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section XO of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN G DATE OF FEBRUARY 2, 2006 2. Freliminary Plat Findings: In consideratlon of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shaD make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council 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 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 City Council finds that the subdivision will not require the expenditure of capital improvemem funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) S. The development wiU not be detrimental to the public health, safety or general welfare; and The City Council is not awaze of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic featares. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D July 6, 2007 • AZ 06-061 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT RMR Consulting, Inc. ITEM NO. S-B REQUEST Findings for Approval -Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Baraya Subdivision - 3935 West Franklin Road and 280 South Black Cat 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: Emailed: Materials pr®sented at public COMMENTS See attached Findings ,~,~ate: ~ ~ ~ Pone: ~ d- f ~P [ ~~S St I tials: shall become property of the City of Meridian. u CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~'~j~ ~~" s~_... ll - . }= f"[Tii ~fiY6 ~' ~a~~ ~ 1. 'r 4~ ~..~~, ~~ r ~ ~~ ~;~~~, -- ,:~, In the Matter of the Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15, and R-40 AND Preliminary Plat consisting of 118 single family residential lots on 26.41 acres in the proposed R-8 zone, 216 single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone, 2multi-family lots on 13.01 acres in the proposed R-40 zone, and 30 common lots, for Baraya Subdivision by RMR Consulting, Inc. Case No(s). AZ-06-061, PP-06-062 For the City Council Hearing Date of: June 19, 2007 (Continued from Apri13, 2007) Findings on the July 10, 2007 City Council agenda A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 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 City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 • • 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 and the provisions of the Development Agreement stated in the attached Staff Report for the hearing date of June 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 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. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. Z. The Applicant's Annexation and Zoning, as evidenced by having submitted the legal description and exhibit map, stamped and dated January 17, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved with the following modifications to the Development Agreement: a. Condition 1.1.7 shall reflect 334 buildable lots, not 3151ots. b. The Applicant is to comply with the approved elevations and design standards as outlined in the staff report, as well as any additional standards established with the Ten Mile Interchange Specific Area Plan. c. That the rear elevations of the homes visible from public streets and open spaces also be subject to architectural standards established for Baraya. d. Additional design standards for Baraya are as follows: - All dwellings shall be provided with eaves which project not less than twelve (12) inches beyond the side of the exterior wall. - All dwellings shall be a minimum of 1,100 square feet of livable area excluding the garage area. - At least seventy-five (75) percent of the second story of two-story dwellings shall be set back a minimum of three (3) feet (from the wall plane) or set CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 • forward a minimum of two (2) feet (from the wall plane) when positioned over the garage; oY two-story dwellings shall include architectural features such as, but not limited to, roof lines, belly bands, pop-outs, cantilevers, material variations, and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - Elevations of dwellings shall incorporate varied wall planes or roof forms, prominent fascia and overhangs and main entries shall be defined by incorporating architectural elements such as roof gables, dormers, vestibules, lighting, etc. - Elevations of dwellings, including the garage, shall include natural appearing quality materials and distinctive architectural detailing including, but not limited to, stucco, stone, or brick on the side oriented to the street. - The site design shall de-emphasis garages. As such, at least 64 dwellings, or 19%, of the lots shall access garages from public alleys, with the primary front entrance from the public street, as shown on the approved preliminary plat. - Dwellings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim, sills, easings, mullions, shutters, popouts, and/or other architectural details around windows, entrance doors, sliding glass doors, and garage doors. - Each dwelling shall have a usable covered front porch, balcony and/or courtyard. Recessed entries shall have extended porches, covered entryways, and/or courtyards to at least the front plane of the house. - Provide variety in design and avoid monotony by varying structure types and elevations. e. The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with the related phase, prior to occupancy of dwelling units. 3. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, labeled Sheets PP-1, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is hereby conditionally approved with the following modifications: a. That the Applicant address aneast-west collector connecting with the north-south collector (S. Glen Canyon Avenue) to be at southeast corner of the subject property, with submittal for [the associated] Final Plat. 4. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated January 22, 2007, and prepared by Jensen Belts Associates is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 By action of the City Council at its regular meeting held on the O ~~ 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 ATTEST BERG, Copy served upon: VOTED_~~,~ J~ /~~P~-- VOTED_ `~ VOTED__~~~i~-' VOTED__~~Zl~r~-' VOTED -- de WEERD :,oe~~~,(a~ v,,~s ~ ~~ ~~ p __ ~~~~ J ., C ~ '' Y S`~q , ao ~ o0 ,Ar/i~/////l ! I d I B 1 I~i 1191 \\\\\®v~t ~a /~ Applicant -~ Planning Department _~/ Public Works Department ~~City Attorney BY~ Dated: 1 " ~ 2." ~~ i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 STAFF REPORT Hearing Date: June 19, 2007 Continued From: Apri13, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Baraya Subdivision • A~06-061 j 't~ af:' `~' ~~ _ , ;~ ~M ~~~ n~ ~~ ~ ~~ ~ ~ ',~ ~~~~ . ~r~:~r~ ,~. ~~:. Annexation and Zoning of 95.57 acres from RUT (Ada County) to R-8 (Medium Density Residential - 28.17 acres), R-15 (Medium High-Density Residential - 54.13 acres), and R-40 (High Density Residential - 13.26 acres), by RMR Consulting, Inc. • PP-06-062 Preliminary Plat consisting of 118 single family residential lots on 26.41 acres in the proposed R-8 zone; 216 single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision. NOTE: The City Council first heard this proposal on April 3, 2007. Also in April, there was an application for a Comprehensive Plan Map Amendment scheduled before the Planning & Zoning Commission, which affected the subject property, called the Ten Mile Specific Area Plan. City Council elected to continue the subject AZ and PP applications to June 19, 2007, to allow enough time for the CPA proposal to come before the Council. The Council approved the Ten Mile CPA on May 22, 2007. Planning Staff has updated this report to include Council's discussion of the project at the April 3 meeting and the building elevations provided by the Application at said hearing. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for annexation and zoning of 95.57 acres, from RUT (Ada County) to R-8 (Medium Density Residential) for 28.17 acres, R-15 (Medium High-Density Residential District) for 54.13 acres, and R-40 (High Density Residential) for 13.26 acres. The Applicant has also submitted a preliminary plat for the subject property which proposes 334 single-family residential lots, 28 common lots, and 1 school lot within the proposed R-8 and R-15 zones; 2multi-family and 2 common lots are also proposed in the R-40 zone. The site has not been previously platted. The subject property is located south of Franklin Road and east of Black Cat Road at 3935 West Franklin Road and 280 South Black Cat Road, in Section 15, Township 3 North, Range 1 West, B.M. The subject property is within the City's current Area of Impact and Urban Service Planning Area. The subject applications, AZ-06-061 and PP-06-062, were heard before the Planning and Zoning Commission on January 4, 2007. Planning Staff recommended denial of the project as Staff believed the project was inconsistent with the goals of the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standards. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 The new plan proposes additional building lots which warranted re-noticing the neighboring property owners of the changes and publishing the new notice in the media. Staff believes the revised preliminary plat is more compatible with the goals and policies of the existing Comprehensive Plan, the Ten Mile Interchange Specific Area Plan, and the Unified Development Code. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-061 and PP-06-062) were submitted to the Planning Department for concurrent review. Below, Staff has provided a detailed analysis for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of the proposed Baraya Subdivision subject to the conditions listed in Exhibit B of the Staff Report, if the Commission believes the building elevations provided by the Applicant at the public hearing meet Staff's design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoning Commission heard these items on January 4 and March 1. 2007. On March 1 2007 the Commission moved to recommend auuroval to the City Council. a. Summary of Commission Public Hearing: i. In Favor: Matthew Schultz (Applicant's Representative ii. In Opposition: None iii. Commenting. None iv. Written Testimony: Larry Woodard (Minister Cherry Lane Christian Church) v. Staff Presenting Application: Amanda Hess vi. Other Staff Commenting on Application• None b. Kev Issues of Discussion by Commission: i. Providing quality building exteriors to include stucco stone and brick ii. The Applicant's proposal that the hi density portion should be subject to the Ten Mile Specific Area design guidelines in effect at the time of development in lieu of the Applicant generating guidelines now. iii. The Applicant providing trees adiacent to the Purdam Drain if allowed by the Nampa & Meridian Irrigation District. c. Kev Commission Changes to Staff Recommendation: i. Requiring the Applicant to construct products with quality exteriors to include natural appearing materials and architectural detailing including but not limited to stucco stone and brick. ii. Not requiring the Applicant to provide development /design guidelines for the multi famiy portion of the proiect; that those issues can be addressed through the CUP process as all multi-family projects must procure CUPS d. Outstanding Issue(s) for Citv Council: i. The Applicant has provided Staff wit proposed single family elevations on March 28 2007 for to benefit of to City Council. ii. The Commission did not approve to proposed townhouse elevations supplied by the Applicant. They directed the Applicant to redesign tem to modulate the fronts of to structures (i.e. bring to living area forward) so that tere is not just a straight street of garages. The Applicant has provided Staff wit new townhouse elevations on March 28 2007, forte benefit of the City Council. iii. The Applicant did not supply elevations for to proposed alley-loaded product for the Commission. However to Applicant provided Staff with tese elevations on March 28 2007, for the benefit of the City Council. The Meridian City Counc'1 hear tic item on April '~. and .innp ~ n_ 2nn7_ s± ±t,o s,,,.;i z~a r.,hu.. earin~ they moved to continue he ubiect ann ication o une 19.2007 a. Summary of itv oLnc'1 Pnb is Hearing on April 3rd: Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 i. In favor: Matt Schultz & Kent Brown (Applicant's Representativesl- ii. In opposition: Steve Moore iii. Commenting: None iv. ritten testimony: None v. Staff presenting application: C. Caleb Hood vi. Other staff commentinir on application• None b. ev I ue of Dicr ~c. ion by ouncil: i. Does the proposal meet the_Citv's goals for minimizing access to arteriate wh;tP et;n conforming to the transportation plan for the Ten Mile Areas (The answer is vesl• ii. sienalized intersection on Franklin for a fi tore collector that is to be located near the east ropertv boundary of the Barava Subdivision• iii. roperty will be set aside for a school on-site However at present the School District is ore of the timing of construction of the school• iv. Pedestrian pathways within the subdivision for future children to accece the e~hnnl v. That the Applicant provide alternatives to the submitted earaee-dominated sinele-family and townhouse products• and vi. Continuing the public hearine until such time that the Ten Mile Specific Area Plan is adopted by the Council. c. utstan 'ng I ue for itv ouncil: i. Condition 1.1.7 references 315 buildable lots This number is incorrect The plan proposes 3341ots. This Condition of Approval should be modified to reflect that• ii. Condition 1.1.12 should state that the reauised lap scapine and sidewalks are to beLnstall alonsi the arterials cor_respondine with the rela_t_ed_ n_ha__s_e_. The 1~A shnnlrl glen hP mnrlifierl to reflect this chanee: iii. Condition 1 1 10 should state that the Applicant is to comply with the approved elevations and design standards as outlined in the staff report_ as well as any arlrlitinnal etanrlarrlc established with the Ten Mile Interchange Specific Area Plan The DA should also he odified to reflect this ch s1e• iv. Whether the elevations for the proposed residential structures (sinele-family townhouse alley-load. etc.l are acceptable. Staff s included the elevations proposed at the previous Council hearine in this staff report The Applicant recently provided an additional townhome enderine which is also included in the report: v. The Applicant provided Staff with additional residential design ~llidelines to be included 'n e proposed Development Agreement. which Staff supports: and vi. The Applicant provided Staff with proposed residential setbacks for the development While most of these setbacks do meet the City's standards some do not Staff recommends that the Council require the proposed development to comply with all i71~C cethark rPn,,;rPrr,Pr,te for their respective zones. The Meridian City Counc'1 heard his item nn _R,ne ~n 2nm st tAn n»hlin Aao.•:.... tl.n.. ,.,~>p~ }n approve the subiect application a. ummarv of itv o ~nc'1 ~hli Aearinue i. favor Matt Schultz (Applicant's Representativel• ii. opposition: None iii. Commenting: None iv. Written testimony: None v. S ff presenting application: Anna Canning vi. Other Staff commenting on application• None b. ev Issues of Discussion by ouncil: i. That the rear elevations of the homes visible from public streets and open spaces also be subiect to architectural standards established for Barava• Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ii. How the residents of Barn a will be no ified of future construction of the m„lt; family portion /apartment units -through the CC&Rs when purchasing a home within the development: iii. The concern that public services such as policing and fire protectio are not adequate to serve the area as of vet• iv. ether the road infrastructure is capable of serving a development of this size until Blac Cat and Franklin Roads are improved• v. The possibility of establishing LIDS to provide for public infrastructure• and vi. The Ten Mile Plan depicts an east-west collector connecting with the north-south collector (S. Glen Canyon Avenuel at the southeast corner of the subiect property Council believes that the Applicant address this issue with submittal for Final Plat C. ev COUnC'1 .hangea t ommis. ion R .enmm .ndatinn• i. Condition 1.1.7 be modified to reflect 334 buildable lots not 3151ots• ii. Condition 1.1.12 be modified to s to that the required landscaping_ and sidewalks are to he installed along the arterials corresponding with the related phase The DA should also be odified to reflect this change• iii. Condition 1.1.10 be modified to state that the Applicant is to comply with the approved elevations and design standards as outlined in the staff report as well as any additiona standards established with the Ten Mile Interchange Specific Area Plan The DA should alcn be modified to reflect thi change: iv. That the additional residential design guidelines provided to Staff by the Applicant are to be included in the proposed Development Agreement• v. That the rear elevatio of the homes visible from public streets and open spaces also be_ s biect to architectural star ds established for Barava• vi. That the Applicant address an east-west collector connecting with the nnrth_en„tl, rtnllr rtnr (S. Glen Canyon Avenuel to be at southeast corner of th subiect property with submittal for Final Plat. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06-061 and PP-06-062 as presented in the staff report for the hearing date of June 19, 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- 061and PP-06-062, as presented during the hearing on June 19, 2007: (state specific reasons for denial of the annexation and preliminary plat requests) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 061 and PP-06-062 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: 3935 West Franklin Road & 280 South Black Cat Road Section 15, Township 3 North, Range 1 West b. Owner: Dyver Development, LLC 1977 East Overland Road Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 4 ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Meridian, ID 83642 c. Applicant: RMR Consulting, Inc. 2127 South Alaska Way Meridian, ID 83642 d. Representatives: Matt Schultz, RMR Consulting, Inc., & Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Per the 2002 Comprehensive Future Land Use Map, the present designation is Mixed Use Regional and Medium Density Residential (plus amulti-use pathway and a regional park in the vicinity). g. Proposed Comprehensive Plan Designation /Ten Mile Interchange Specific Area Plan: The Ten Mile Interchange Specific Area Plan, a document that details land use and transportation plans for the Ten Mile area, proposes future land uses on this site to be: Civic / School Site, Green Space and Parkland, Medium Density Residential, Medium High Density Residential, and High Density Residentiab Please see Exhibits A-S and A-6 for the proposed Ten Mile Interchange Specifac Area Plan Land Use Map. h. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 12, 2007 2. Date of landscape plan (attached in Exhibit A): January 22, 2007 3. Proposed Elevations (attached in Exhibit Al i. Applicant's Statement/Justification: The proposed annexation and preliminary plat applications for the Baraya Subdivision carefully considers all aspects of the Meridian Zoning Ordinance, Ten Mile Interchange Specific Area Plan, site location, surrounding neighbors, and the housing market in Meridian. Baraya is a quality residential development that complies with the Unified Development Code and with the intent of the current and future Comprehensive Plans for the area. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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 reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 18, 2006, January 1, 2007, February 12, 2007, & February 26, 2007 (P & Z Commission) March 12 2007 & March 26 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: December 8, 2006, & February 2, 2007 (P & Z Commission) March 9, 2007 (City Council) Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 e. Applicant posted notice on site by: February 19, 2007 March 24, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Primarily agriculture; two existing single-family homes with outbuildings b. Description of Character of Surrounding Area: Agricultural /Rural; rapidly urbanizing c. Adjacent Land Use and Zoning: 1. North: Silver Oaks Subdivision, developing with multi-family and a daycare, zoned R-15 & L- O; Residential & Agriculture, zoned RUT and Rl (Ada County) 2. East: Agricultural/Residential, zoned RUT (Ada County) 3. South: Agricultural, zoned RUT (Ada County) 4. West: Agricultural, zoned RUT and Rl (Ada County) d. History of Previous Actions: In late 2005, the Applicant submitted annexation and zoning, and preliminary plat applications for this site. That project was called Bryce Canyon Subdivision. Bryce Canyon included a request for an R-8 zone for 49.27 acres of the site and a TN-R (Traditional Neighborhood -Residential) for 46.30 acres of the site. The preliminary plat proposed 475 single-family residential lots and 62 common and other lots. The applications were withdrawn by the Applicant shortly thereafter. On May 18, 2006, the Applicant again submitted annexation and zoning, and preliminary plat applications for this site. This time the project was called Baraya. The applications for Baraya, AZ- 06-025 and PP-06-024, proposed 406 single-family residential lots, 1 office lot, and 23 common lots within the R-8 and L-O zoning designations. Said applications were brought before the Planning & Zoning Commission on June 15, 2006. At that time, the Commission recommended approval of the project. However, on July 18, 2006, the City Council voted to deny Baraya. Council's basis for denial fell primarily upon the lack of conformance of the proposal with the anticipated outcome of the Ten Mile Area Specific Plan. The Applicant requested reconsideration of City Council's decision to allow for redesign of the project. The Council subsequently remanded the proposal back to the Planning & Zoning Commission. On January 4, 2007, the Meridian Planning & Zoning Commission heard the subject applications, AZ-06-061 and PP-06-062. Planning Staff recommended denial of the project as Staff believed this revision, too, was inconsistent with the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standards. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: The Black Cat Trunk is currently under construction through this site. Location of water: There is currently water in Franklin Road. Issues or concerns: The location of the seepage beds near the alley loaded product will render the zone allowed 10-foot street side setback to the living area to be 20-foot due to DEQ requirements of 20-feet of separation between building foundations and seepage beds. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ TE OF JUNE 19, 2007 2. Vegetation: Primarily agriculture 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Purdam Drain, Marvin Canal, and Kennedy Lateral cross or lie adjacent to this site 5. Hazards: N/A 6. Proposed Zoning: R 8, R-15, and R-40 7. Size of Property: 95.57 acres 8. Description of Use: 334 single-family residential dwellings, 2multi-family lots, and 1 school lot f. Subdivision Plat Information: 1. Residential Lots: 336 (includes two R-40, multi-family lots, to be developed in the future) 2. Non-residential Lots: 1 (elementary school site) 3. Total Building Lots: 337 4. Common Lots: 30 5. Other Lots: 0 6. Total Lots: 367 7. Density Gross Density (d.u./acre) Net Density (d.u./acre) Net-Net Density (d.u./acre) R-8 4.47 5.72 7.37 R-15 5.65 7.9 10.48 R-8 + R-15 5.16 6.97 9.12 R-40 20 20 ---- NOTE: The densities for the R-40 district aze only estimates, as no development is proposed at this time. R-15 values exclude the 14.98-acre school pazcel. Applicable Definitions: • Gross density is the term which describes in a residential development, the total number of dwellings divided by the total number of acres in a project site including those portions of the site which are used for ancillary uses such as streets, schools, parks, and similar facilities. • Net density is the term which describes (in a residential development), the number of dwelling units divided by the acres of land set aside for only those residences, excluding ancillary uses such as major streets (normally major thoroughfazes and arterials), schools, parks, and similar facilities. • Net-Net density is a variation on net density which subtracts from the calculation the area devoted to local streets in addition to major streets. g. Landscaping: 1. Width of street buffer(s): 25 feet along Franklin Road, 25 feet adjacent to Black Cat Road, and Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 7 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI• ATE OF JUNE 19, 2007 20 feet along South Glen Canyon Avenue. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as usable open space: 16% (13.01 acres) 4. Other landscaping standards: 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 (IJDC 11-3G-3B-5). Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Amenities: The Applicant proposes several amenities to meet the common open space requirements of UDC 11-3G-3B. These include amulti-use pathway; parkways; a 20-foot landscaping buffer along South Glen Canyon Avenue, a residential collector street; and two community park areas that include a pool with changing rooms and tot-lots. i. Proposed and Required Non-Residential Setbacks: The applicant is not requesting any deviations from the required dimensional standards of the R-8, R-15, and R-40 zones. j. Off-Street Parking: UDC Table 11-3C-2 requires a two car garage and a 20' by 20' parking pad for all single-family dwelling units. k. Summary of Proposed Streets and/or Access: Access to this site is proposed from three public streets that connect to Black Cat Road (1) and Franklin Road (2). A residential collector roadway, South Glen Canyon Avenue, is proposed to intersect Franklin Road near the east boundary of the property and divides the property, east-west, along the proposed zoning designations of R-15 and R-40. S. Glen Canyon Avenue aligns with the public street approved in Silver Oaks Subdivision / Umbria Subdivision to the north. South Fritts Way, a local street, is also designed to intersect with Franklin Road and provides additional access to this property. Capital Reef Drive is a proposed public street that intersects Black Cat Road. This public street will also serve as the primary access to the future school site. There are several different street sections proposed within this development. Two public alleys are proposed to access the rear-loaded residential products. Internal streets are proposed to have either attached sidewalks or detached sidewalks. Stub streets are proposed to the properties to the south, east, and west. Staff is generally supportive of the proposed street system and access for this development. For a detailed report on the public streets and access points, please see the comments provided by the Ada County Highway District in Exhibit B. , 7. AGENCY COMMENTS MEETING On February 9, 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 a. 2002 COMPREHENSIVE PLAN LAND USES (Current) Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~ ATE OF JUNE 19, 2007 The subject site is currently designated "Medium Density Residential" and "Mixed Use -Regional" on the Meridian Comprehensive Plan Future Land Use Map. Approximately half of the subject site is designated for each land use; the western 3/ of the site, "Medium Density Residential," and the eastern %, "Mixed Use -Regional." In Chapter VII of the Comprehensive Plan, "Medium Density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. As the proposed overall net density for the R-8 and R-15 zones (6.97 d.u./acre) is within minimum target density of 3 to 8 d.u./acre for Medium Density Residential, Staff believes that the portion of the plat which falls within the area designated as "Medium Density Residential" conforms to the Comprehensive Plan stated purpose and intent for this designation. In Chapter VII of the Comprehensive Plan, the "Mixed Use -Regional" (MU-R) designation is defined, in part, as an area, that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Within this land use designation, the proposal supplies residential lots ranging in size from 3,500 square feet to over 8,600 square feet and a 10.25-acre area that is being set aside for future multi-family units. b. TEN MILE INTERCHANGE SPECIFIC AREA PLAN (Pending) September 28, 2006, marked the culmination of a week-long effort, known as the Ten Mile Interchange Specific Area Plan Charette. Design experts, planners, and the general public, met in a series of intense workshops, to craft development concepts and future land uses for the Ten Mile area. Meridian City Staff have already submitted a Comprehensive Plan Amendment which proposes to amend the 2002 Future Land Use Map to reflect those land uses agreed upon at the Charette. These changes will have a significant impact on development of the subject site. Staff has attached the draft Land Use Map created during this process. Please see Exhibit A-S for Land Use Map. Four categories of residential land uses were established through the Ten Mile Charette process: Low Density Residential, Medium Density Residential, Medium High-Density Residential, and High Density Residential. The subject property falls within three of the aforementioned categories. Below is a brief description of these residential categories. Medium Density Residential: Medium Density Residential areas are characterized by relatively low densities and a predominance of single-family and two-unit housing types. Smaller two, three and four unit apartment buildings may be compatible in a Medium Density Residential area; large apartment buildings or apartment complexes are not. In general, Medium Density Residential areas should be protected from encroachments of higher density or higher intensity uses. Medium Density Residential areas should include a mix of housing types that achieve an overall average target density of 6 dwelling units per gross acre Generally, densities should range from 3- 8units per acre. Most developments within the area should fall within this range, although small areas of slightly higher density may exist. Higher density housing types within Medium-Density Residential areas generally should be located nearer mixed use or other more intensively developed areas, with a transition to smaller buildings, such as duplexes and single-family detached houses, as the distance from the more intensively developed area. increases. Medium High-Density Residential: Medium High-Density Residential areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. Medium High Density Residential areas should include a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre. Generally, densities should range from 8-1 S units per acre. Most developments within these areas should fall within or below Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 this range, although small areas of higher or lower density residential development maybe included. Within "Medium High-Density" areas, the largest-scale, highest-density housing should be located closest to higher intensity uses, commercial or other type of activity center, with a transition to smaller-scale and lower density buildings as the distance from the higher intensity use or center increases. High Density Residential: High Density Residential areas are multiple-family housing areas where larger and taller apartment buildings are the predominant recommended building type. High Density Residential areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments within the High Density Residential areas should fall within or below this range, although smaller areas of higher or lower density may be included. Residential densities can be concentrated in multistory projects with up to 50 dwelling units per acre allowed. c. COMPREHENSIVE PLAN POLICIES Staff finds the following 2002 Comprehensive Plan text policies to be applicable (Staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, which currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) In accordance with this Goal and Action Item, the Applicant has designed the plat so that only three access points, all public streets, intersect the adjacent arterial streets. Staff is supportive of the proposed access to the adjacent arterials and proposed collector. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Goal I, Objective B) Staff fznds that the site is designated for MU-R and Medium Density Residential on the 2002 Comprehensive Plan Future Land Use Map. Staff believes that Baraya Subdivision generally conforms to applicable Comprehensive Plan policies for the current land use designation. However, Staff recommends that the Commission and Council determine whether the subject application provides the appropriate mix of uses as called for under. a "Mixed Use -Regional " under the current land use designation. NOTE: The proposed Ten Mile Area CPA does not propose any commercial or retail areas on this property. • "Encourage appropriate land uses along transportation corridors." (Chapter VII, Goal N, Objective D) Because there will be a new interchange at Ten Mile Road, and a potential transit station is anticipated at the intersection of Ten Mile Road and the railroad tracks (just north of this site), Staff believes that the densities /higher intense residential uses of the site, as proposed, are appropriate, particularly east of the Purdam Drain and on the south side of the property. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action 4) In accordance with the UDC, the Applicant is proposing to construct a 25 foot wide landscape buffer with perimeter fencing along Franklin Road. A 25 foot landscaping buffer is also proposed along Black Cat Road; however, no fencing is proposed. The Applicant is also proposing to construct a 20 foot wide landscape buffer along South Glen Canyon Avenue, a proposed residential collector road. Staff is supportive of these landscape buffer widths, as long as the buffers lie outside of the right of-way and are constructed in accordance with UDC policies. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Combined with the sidewalks, the additional rights of way for Franklin Road and Black Cat Road should be large enough to accommodate future pedestrian and bicycle movements along the arterial roads. Further, the proposed sidewalks, micropathways, and multi-use pathways encourage both bicycle and pedestrian travel to and through this development. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal N, Objective C, Action 1) Per the 2002 Comprehensive Plan Future Land Use Map, the properties which are north of the subject site are planned for High Density Residential and Industrial uses, east and south of the site for continuations of the Mixed Use Regional designation; and west and south of the site are continuations of the Medium Density Residential uses. Staff believes that this project does propose land uses that are generally compatible with the existing uses in the area. The Ten Mile Interchange Speck Area Plan designates the adjacent land uses to be residential in nature and varying in intensity. Therefore, Staff believes that the project does propose land uses that are compatible with that proposed in the Ten Mile Interchange Specific Area Plan. "Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action 10) As noted above, this project generally complies with the current residential categories anticipated for this property. Additionally, Staff believes that the subject proposal provides the variety of residential uses called for in the proposed Ten Mile Interchange Specific Area Plan. • "On-street bikeways should be incorporated on all future collector streets." (Chapter VI, Figure VI-5) Figure VI-S on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. d. COMPREHENSIVE PLAN SUNIMARY The Applicant has submitted a preliminary plat which Staff believes is generally compatible with the goals and policies of the existing Comprehensive Plan. Staff believes that the portion of the plat which falls within the area designated as "Mixed Use -Regional" generally conforms to the Comprehensive Plan stated purpose and intent for this designation The Applicant proposes to set aside approximately 14.98 acres for an elementary school site, 13.01 acres for high-density residential uses, and the remaining property, 62.87 acres for single family detached and attached residences. This is the first application to be submitted and reviewed under the draft Ten Mile Interchange Specific Area Plan. Staff believes that the first application in the Ten Mile Interchange Specific Area Plan should closely conform to the development plan for the Area, thus setting the tone for development around the interchange. NOTE: South Ridge Subdivision, located south of the Interstate, was recently approved by the City Council. The Applicant for South Ridge was also held to the proposed Ten Mile Interchange Specific Area Plan standards. Staff proposed, under the previous annexation, zoning, and preliminary plat applications for Baraya, that the Applicant wait on the adoption of the Ten Mile Plan and then design a development that was consistent with the Ten Mile Plan. The Applicant elected to redesign the project and submit new/revised applications. Staff believes that the subject preliminary plat is now consistent with the Ten Mile Interchange Specific Area Plan and the e~sting land use designations shown on the Future Land Use Map. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this properly. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists Single Family Residential (attached and detached) as permitted uses in the R-8 and R-15 zoning districts. UDC Table 11-2A-2 lists multifamily developments as conditionally permitted uses in the R-40 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ANNEXATION & ZONING ANALYSIS: The annexation legal description submitted with the application (stamped on January 17, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Applicant is proposing to zone the subject property R-8 (Medium Density Residential), R-15 (Medium High-Density Residential), and R-40 (High Density Residential). The 2002 Future Land Use Map designates this property as "Medium Density Residential" and "Mixed Use -Regional." Staff fords that the requested zoning of R-8, R-15, and R-40 to be generally consistent with said Comprehensive Plan designations. The draft Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Ten Mile Plan, Medium Density Residential areas should achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 3 - 8 units per acre. Additionally, Medium High Density Residential areas should achieve an overall average density target of 12 dwelling units per gross acre. In general, densities should range from 8 - 15 units per acre. Staff finds that the requested zoning of R-8, R-15, and R-40 and net densities for the proposed subdivision of 5.72, 7.90, and 20 dwelling units per acre, respectively, to be consistent with the Ten Mile Interchange Specific Area Plan. A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation 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 to initiate this process. The DA shall include, at minimum, the following: • 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. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The Applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Each final plat shall substantially comply with the approved preliminary plat such that a minimum of ~ 344 single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (50) dwellings may be constructed until a secondary access is provided to the subject development. • The Applicant shall provide amulti-family development within the R-40 zoning district which meets or ezceeds a residential density of 16 d.u.'s/acre. • Development of the multi-family portion shall be subiect to the Conditional Use Permit (CUP) process. Tf the Ten Mile Specific Area design guidelines are in force at the time of development, then development of the multi-family portion shall be consistent with said guidelines. Otherwise. the owner /developer shall provide city-approved design guidelines for said multi-family portion at the time of procurement of a CUP Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 . The Applicant is to comply with the approved elevations and design standards as outlined in the staff report as well as v additio standards established with the Ten Mile Interchange Specific Area Plan The rear elevations of the homes visible from public streets and oven spac_e_s_shall also be sub'ect to the architectural standards established for Barava The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with phasing, prior to occupancy of dwelling units. The Baraya Design Standards are as follows: - Provide a variety of housing types. - Provide variety in design and avoid monotony. Modulate facades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. - Construct products with quality exteriors to include natural appearing materials and architectural detailing including, but not limited to, stucco, stone, and brick. - Use architectural elements to define entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. - Incorporate usable front porches where they can be integrated with design. - De-emphasize garages. Provide alley- or side-load products. Design parking to be in the rear with products fronting landscaping areas and streets. - Provide for pedestrian connectivity. - Develop guidelines for the future owners of the multi-family property. - dwellings shall be provided with eaves which proiect not less than twelve (121 inches beyond the side of the exterior wall - All dwellings shall be a minimum of 1.100 square feet of livable area excluding the garage area. - At least seventy-five (751 percent of the second story of two-story dwellings shall be set back a minimum of three (31 feet (from the wall planet or set forward a minimum of two (21 feet (from the wall planet when positioned over the garage: or two-story dwellings shall include architectural features such as. but not limited to. roof lines. belly bands. pop-outs. cantilevers. material variations. and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - levations of dwellings shall incoroorate varied wall planes or roof forms. prominent fascia and overhangs and main entries shall be defined by incoroorating architectural elements such as roof gables. dormers. vestibules._lighting. etc. - levations of dwellings. including the garage. shall include natural appearing quality erials and distinctive architectural detailing including. but not limited to. stucco. stone, or brick on the side oriented to the street - The site design shall de-emphasis garages. As suc _ at least 64 dwellings. or 19%. of the lots shall access garages from public alleys with the pr>marv front entrance from the public street. as shown on the approved pre iminary plat. - wettings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim_ sills easings mullions shutters ponouts and/or other architectural details around windows. entrance doors. sliding glass doors. and garage doors. - ach dwelling shall have a usable covered front porch. balcony and/or courtyard. Recessed entries shall have extended porches. covered entryways. and/or courtyards to at least the front plane of the house. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 - Provide variety in design and avoid monotony by varvins? structure tvoes and elevations. Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed single-family development. Please see Comprehensive Plan Policies and Goals, Section 8 and Exhibit D for more details and analysis of the required facts and findings for annexation. PRELl1VIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the draft Ten Mile Interchange Specific Area Plan and the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: Access to this site will be provided from both Franklin Road and Black Cat Road. Except for the proposed and approved public streets that interest Franklin Road and Black Cat Road, direct lot access to Black Cat Road and Franklin Road should be prohibited. The Applicant should place a note indicating the access restrictions on the final plat. S. Glen Canyon Avenue: The existing and proposed Comprehensive Plan Map for the area calls for a collector at approximately the %2-mile mark between Black Cat Road and Ten Mile Road on Franklin Road. The Applicant is proposing to construct S. Glen Canyon Avenue as a north-south residential collector street. This public, residential collector is located closer to the % mile than the %z mile. However, Staff believes that it will still function as envisioned within the Comprehensive Plan by providing for more efficient traffic movement from neighborhoods to the arterial system. The proposed collector also complies with the transportation plan as developed during the Ten Mile Charette. The Applicant proposes constructing a split street section with landscaping islands within 84 feet of right-of--way which will run the full length of S. Glen Canyon Avenue. Staff is supportive of the design and location of Glen Canyon Avenue. Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. Unimproved Right-of-Way: UDC 11-3B-7C-5 requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Franklin and Black Cat Roads abutting this site meet the wamaYlts for the 10-foot wide gravel shoulder requirement listed above. Therefore, the Applicant should construct a 10-foot wide gravel shoulder on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. Design Guidelines: At the public hearing for Baraya Subdivision on January 4, 2007, Staff encouraged the Applicant to provide residential product types which meet design standards applicable to the Ten Mile Interchange Specific Area Plan, and also provide Staff with sample elevations. On January 11, 2007, Planning Staff supplied the Applicant with a summarized listing of Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF JUNE 19, 2007 said standards. The Applicant has stated the renderings of housing products will be available to Staff and the Commission at the time of the hearing. The standards are as follows: • Provide a variety of housing types. • Provide variety in design and avoid monotony. Modulate fagades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. • Construct products with quality exteriors to include natural appearing materials and architectural detailing includinf;, but not limited to stucco stone and brick • Use architectural elements to define entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. • Incorporate usable front porches where they can be integrated with design. • De-emphasize garages. Provide alley- or side-load products. Design parking to be in the rear with products fronting landscaping areas and streets. • Provide for pedestrian connectivity. • Develop guidelines for the future owners of the multi-family property. Because the Applicant has not provided Staff with sample elevations as of print deadline of this report, Planning Staff recommends that the Commission and Council rely on the public testimony and exhibits that may be provided at the public hearing when determining if the Applicant's proposal meets the aforementioned design standards. All exhibits provided at the public hearing will be considered part of the Development Agreement, if approved. The Applicant shall comply with these elevations and aforementioned design standards until such time that the Ten Mile Interchange Specific Area Plan design guidelines and/or standards are adopted by Council. Once adopted by Council, all construction within Baraya shall be consistent with the Ten Mile Interchange Specific Area Plan design standards and/or guidelines. Common Driveways: Two common driveways, one currently proposed by the Applicant and one required by Staff in this report, will be constructed within this development. Because they do not have enough frontage for individual driveways, Lots 62 & 63, Block 6 and Lots 64 & 65, Block 6, should take access from common driveways. Currently, Lot 64, Block 6, does not meet the minimum street frontage requirement of 15 feet for a shared driveway and must be adjusted accordingly. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt/concrete for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C- 3D. Sidewalks: The Applicant is proposing to construct 4-foot wide detached sidewalks with 8-foot wide parkways along W. Sunrise Point Street. S. Glen Canyon Avenue, a collector roadway, will be required to provide 5-foot wide sidewalks. All other sidewalks within the development should also be, at minimum, 5 feet in width. Fencing: The Applicant proposes to construct 6-foot tall vinyl fencing around the perimeter of the development. The Applicant also proposes constructing wrought iron fencing along the micropathways and internal open spaces. The Applicant further proposes constructing chain-link and/or wrought iron fencing along the Purdam Drain. Staff is supportive of the proposed fencing for this development (see comments from the Police Department below). Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 UDC 11-3A-7A7 requires the developer to construct fencing adjacent to micropathways to distinguish common from private areas. All fencing adjacent to micropathways and internal common lots should be restricted to either 4-foot tall solid fencing or 6-foot tall open-vision fencing. Open-vision fencing should be installed along the Purdam Drain, as proposed. A detailed fencing plan should be submitted upon application of the fmal plat. If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micropathway / multi-use pathway fencing shall be designed according to UDC 11-3A-7. The Meridian Police Department requests that solely open vision fencing be provided on both sides of the proposed pathway at the south property line. Multi-Use Pathway: The Applicant is proposing to construct the multi-use pathway as depicted on the Future Land Use Map along the south and west sides of the Purdam Drain. The Applicant proposes to construct the pathway 10-feet wide. Staff is supportive of the proposal to construct the multi-use pathway. However, as shown on the landscape plan, the pathway does not connect (stub) to the property to the west. Staff recommends that the multi-use pathway be constructed from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. UDC 11-3B-12 requires 5-foot wide landscape buffers along pathways. The submitted landscape plan depicts only a couple of feet of sod on both sides of the pathway with no trees proposed. The Applicant should be required to construct a 5-foot wide landscape buffer (including trees) along the south and west side of the multi-use pathway. Micropathways: The Applicant is proposing to construct several micropathways within the development. Staff is supportive of the pedestrian connections between the different subdivision blocks and to/from the sidewalks and multi-use pathway. All micropaths shall be constructed at least 5 feet wide, with trees and 5 feet of landscaping on each side of the path (iJDC 11-3B-12). Open Space /Amenities: UDC 11-3G-3A-1 requires at least 5% of the total land area of a single- family development to be set aside for common open space. Further, UDC 11-3G-3A-2 requires one additional site amenity for each additional twenty acres of land area. The Applicant states that 13.01 acres (16%) is being set aside for useable open space. Further, the Applicant is providing several other amenities including pathways, two community parks, a pool with a changing area, and a couple of tot lots. Staff is supportive of the proposed amenities. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Staff has concerns about the pedestrian access to the pazk on Lot 1, Block 12. Specifically, pedestrians trying to get to the park from the north will have to cross Snow Canyon Drive. To facilitate pedestrian movement to/from the park area, the Applicant should construct crosswalks and signage, as allowed by ACRD, at the intersections of West Snow Canyon Drive and South Sunset Point Way and South Sunset Point Court. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, dated 1/22/2007. The plan shall demonstrate compliance with the following standards: A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 and Franklin Road, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained within common lots 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 (iJDC 11-3G-3B-5). Landscaping adjacent to the micropathway must comply with UDC standards. 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. 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 Baraya Homeowners Association. Tree Mitigation: 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 are removed. The Applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. Ditches, Laterals, and Canals: The Marvin Lateral and the Purdam Drain, along with other smaller facilities, traverse this site. Historically, the City has not required that the Purdam Drain be piped (as it is a natural waterway). Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled. Staff recommends that, exclusive of the Purdam Drain, all irrigation ditches, laterals and canals that intersect, cross, or lie adjacent to this site be tiled (LJDC 11-3A-6A). 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. ff a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. Existing ResidencesBuildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Public Works: The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench /seepage bed and a building foundation. Specifically, the location of the seepage beds near the alley loaded products will render the standard 10-foot street side setback to the living area to be 20 feet. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-061 and PP-06-062 generally conform to the Comprehensive Plan policies, the proposed Ten Mile Interchange Specific Area Plan, and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B, if the Commission believes the building elevations provided by the Applicant at the public hearing meet the Ten Mile Interchange Specific Area Plan design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoninil Commission heard these items on January 4, 2007. and March 1, 2007. At the March 1st hearing. the Commission moved to recommend aonroyal to the City Council. a Meridian City Council heard t is item on Anril 3. 2007_ At the Anri Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 200'7 11. EI~~ITS A. Drawings 1. Vicinity Map 2 Preliminary Plat (Dated January 12, 2007) 3. Landscape Plan (Dated January 22, 2007) 4. Lot Mixture 5. Draft Ten Mile Interchange Specific Area Plan 6. Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay Z Proposed Buildine Elevations B. Agency and Departments Conditions/Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa & Meridian Irrigation District C. Legal Descriptions D. Required Findings from Unified Development Code Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 A. Drawings 1. Vicinity Map ~{~ - '' RUT row ~ `~ RIJT ~ ~, RUT ' ~'~ Yt ~~AfVKtJ„4 Rn t ~1 RiPT R * '~ RUY ` ~ , f. ~ _ :. „ ~' ~ ~ a t RUT ~ i4UT RI.1T RUT ~'; ~ i RUT ,rte ~ ~ as - _ i RUT I I - - _ _ +.. Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 2. Preliminary Plat (dated January 12, 200' ~'! O 9Td Y. H9 ~ I ~~ f 9 CI D9/ ~ h e e ~°9 a i~f~~iiof~~ ~ !9„~a4li .....m•.cr, i9 I faa a errfs0i ssl~!slglqq~,l~i! ![ll~ B9f !! . EB M 7 p ~leelf'f ~9 ~ a 9at etlB9l ! i! . e....~....... w ~ i i ~ II~ I I~ , I ~ ~i e 1 ~e~ee Ise sflig !llB~e ~ i l cl~6l l I ~ ~~ a ;l gd~o b H +ft ~II~I~I rr1f IIe r+ II`I ~I ~Tr ; ` ~ ! s . ~` I !~ ge ,9 ~~ 4: ~~~ ~ pp ~' ~~ i ~,.~ N~ ~! tk ~ ~ B ~/~ 'BPr~, ~ id ;~/ 'd 0 t ~~~ ! a . i ~A 6 n ~ ~' ~ .\. g f ~ _ ~` - --- ~~:~ •. s ~~ .. d , ~ ~ s <~ b ~° ' -_ /.~ i Exhibit A CITY OF MERIDIAN PLANNINGARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JUNE 19, 2007 ~> m ~. Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3. Landscape Plan (dated January 22, 200'n E ~ I ~~ ~~ Q ~~ ~ a ~ $ f ~~ r° ' ~ i~ m. ~ ~r I ~ _. ~,~ 1 •a9 d ~ i ~r• ~ .._ ~ ~ ~ R e ~~ I; }{ ' , ABP a `i&~1 YY tlG96.a'IlR~G~ ~ , ~p~ L ~ y p~ ~~& ~ a ~~ s~ `• ^ ~7 ~ W aoa~ ffY ~~~ia ~ ~~ Ia ~~~~~$~~ ~ rr -lI4~ -~~ , ~ ~~.a~~~~ ~ ~~~~t~~~ , ~~'° r~' ~ ~i , ~_ 4 .fat ~' ~ ~ ~~ . # ~ .~~~~ ~ ~~~ ~~~~ ~ ~~ i ~ ~ ~ ~ ~. "! t ~ ~ ~~ ~ i r[ ~~A ~i yy tt,y$ a~r~r~ ~~? ~~i q i4 44FSV. bd'a~ ~ ~~ ~ ~~~ ~ ~ o~~ ~~~ ~~ -~I ~~ ~~ ~~ r ~, ~._ e 15 o.a , •..e s • ~ ~~ ~~ e~ ~ ~~ ~ 3e ~ 6 ~~ B V 0 s 0 z m a Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 4. Lot Mixture FRA~IIWN ROAD 0 a r U x C.1 g '-- TOWNHOMES LOTS t ~_ ZONE R40 ^ 40' LOTS 50' LOTS 60' LOTS ^ ALLEY LOADED LOTS ' COMMON AREA 2QNING UNE Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Exhibit A 5. Draft Ten Mile Interchange Specific Area Plan CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 6 Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Proposed Building Elevations ~ '~- G-=- ~-, . __ ....._ . r ~ _: ,id;a,~~ir ~ ~u~ywiaarvu~,,, ~„; Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ~yY t ~~ 1 Entryway not visible; recessed. Marginally supported by Staff. Garage-dominated. Can't see the entryway. Staff does not support this. D ~._ ~ ~° ~-i'- ~- ~ -. '~t~`- Exhibit A • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ,~ . ,_I + ~: ' _. ~ ~ .:; ~ dy`. f { i {'' Staff supports this. -- -------~`_ _ - - I ~f _ ~~ i ~ ,: ~: ,.._~ .u.... ~_. i.,-. .. ~.a ~ :; a' ~,~„_. - ~~ ~~ ~ `~ ~ ~ ~` ~ ~ Garage-dominated. `~ Marginally supported by Staff. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Staff New elevation provided by Applicant. Marginally supported by Staff. Living area should be brought forward. Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Not supported by Staff. Exhibit A i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 w ~. w ~. r ,h . "~.~-. Staff supports this product. Good mix of materials - still garage dominated, though. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 B. Agency and Departments Comments /Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated January 17, 2007, and prepared by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 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. 1.1.4 All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 1.1.5 The Applicant will be responsible for all costs associated with the sewer and water service extension. 1.1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.1.7 Each final plat shall substantially comply with the approved preliminary plat such that a minimum of ~ 334 single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (50) dwellings maybe constructed until a secondary access is provided to the subject development. 1.1.8 The Applicant shall provide amulti-family development within the R-40 zoning district which meets or exceeds a residential density of 16 d.u.'s/acre. 1.1.9 Development of the multi-family portion shall be subject to the Conditional Use Permit (CUPI process. If the Ten Mile Specific Area design guidelines are in force at the time of development then development of the multi-familyportion shall be consistent with said guidelines Otherwise the owner /developer shall provide design Quidelines for said multi-familyportion at the time of procurement of a CUP. 1.1.10 . The Applicant is to comply with the approved elevations and desi standards as outlined in the staff report as well as anv additional standards established with the Ten Mile Interchange Specific Area Plan This shall also be a provision included withi the Development Agreement for the site 1.1.11 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.1.12 The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with the related phase, prior to occupancy of dwelling units. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled Sheets PP-1, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is approved, with the conditions listed herein. The development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06- 062). 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standazds. 1.2.3 Direct lot access to Black Cat Road and Franklin Road shall be prohibited; place a note on the fmal plat. 1.2.4 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed azound the cul-de-sacs. Modify all applicable roads / cul-de- sacs to reflect this requirement, if necessary. 1.2.5 Provide one stub street to Assessor's Parcel Number 51215110055 to the east, two stub streets to Assessor's Parcel Number S 1215131760 to the south, one stub street to Assessor's Pazcel Number S1215427800 to the south, and one stub street to Assessor's Parcel S1215223100 to the west, as depicted on the preliminary plat. 1.2.6 Construct 10-foot wide gravel shoulders on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 1.2.7 The Applicant shall construct crosswalks and signage, as allowed by ACHD, at the intersections of West Snow Canyon Drive and South Sunset Point Way and at the West Snow Canyon Drive and South Sunset Point Court. 1.2.8 Lots 62 & 63, Block 6; and Lots 64 & 65, Block 6, shall take access from common driveways. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. 1.2.9 Street frontage for Lot 64, Block 6, does not currently meet the minimum requirement of 15 feet for a shared driveway; revise the plat accordingly. 1.2.10 Provide a bike lane on S. Glen Canyon Avenue. 1.2.11 The multi-use pathway along the Purdam Drain shall be constructed from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. 1.2.12 South Fritts Way shall be renamed to either South Fritts Avenue or South Fritts Road. 1.2.13 Provide 13.01 acres (16% of the site) for useable landscaped open space, as proposed. 1.2.14 The landscape plan prepared by Jensen Belts Associates, dated January 22, 2007, is approved with the following modifications /notes: • A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road and Franklin Road, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained within common lots. • Per UDC 11-3G-3B5 all parkways that aze 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 351ineaz feet of pazkway. • Pazkway azeas without trees shall not count towazds the open space requirement. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • The UDC requires, at minimum, 5-foot wide landscaping strips on both sides of all micropathways and on one side of multi-use pathways. Additionally, trees should be planted along all paths at a rate of 1 tree per ever 351inear feet. • The Applicant shall provide open vision fencing only along [both sides ofJ the proposed pathway at the south property line. • Excepting the aforementioned requirement, all fencing constructed on site shall be in accordance with that depicted on the landscape plan. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways and common areas 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 within the landscape plan to reflect this requirement. • 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. • 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. • The Meridian Planning Department requires a written certificate of completion to be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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). 1.2.15 All buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. 1.2.16 Maintenance of all common areas shall be the responsibility of the Baraya Subdivision Homeowners Association. 1.1.17 The Applicant shall provide an east-west collector connective with the north-south collector lS. Glen Canyon Avenuel to be at southeast corner of the su_b_ect property. with submittal for fthe associatedl Final Plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Black Cat and Franklin Roads 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. Exhibit B CITY OF MERIDIAN PLANNING•ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road, and lateral mains off of the Black Cat Trunk which is being currently installed on this site. The Applicant shall install 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 No manholes or water valves shall be allowed within the proposed landscape islands. If mains are routed under them they shall be sleeved per City of Meridian Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Franklin Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to install a pressure reducing vault in a location coordinated with the Public Works Department. The location shall be generally west of the western most connection to W. Franklin Road. 2.5 The Applicant shall be responsible to install a flushing station in a location coordinated with the Public Works Department (it should be near the Purdam Drain). All applicable permits with the receiving body for this facility shall be acquired by the Public Works Department. 2.6 The Applicant shall be required to extend a 12-inch water main down Glen Canyon Avenue as part of the City of Meridian's to and through policy. 2.7 The Applicant shall be required to install 12-inch water main down S. Black Cat Road as depicted on the preliminary plat. This is needed to ensure adequate fire flows for this development. 2.8 Per Meridian City Code 9-4-8, the Applicant shall be responsible to install sewer main in W. Capitol Reef Drive. 2.9 Per Meridian City Code 9-1-26, the Applicant shall install water main in W. Capitol Reef Drive, Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 and W. Snow Canyon Drive. 2.10 Plat note #2 states that a 4-foot wide Public Utilities, Drainage and Irrigation easement will be dedicated along interior lot lines. This shall be changed to 5-feet. 2.11 With the final plat, the Applicant shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along interior lot lines not being spanned by an attached unit. 2.12 The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench and a building foundation. 2.13 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. 2.14 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). 2.15 The Applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.16 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. 2.17 All existing structures spanning lot lines or not meeting dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.18 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. 2.19 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. 2.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.21 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. 2.22 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. 2.23 All development improvements, including but not limited to sewer, fencing, micropaths, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE l9, 2007 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.24 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. 2.25 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. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.28 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. 2.29 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. 2.30 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. 2.31 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 SITE SPECIFIC COMMENTS 3.1.1 The pathway proposed along the south property boundary shall accommodate the Fire Department's load bearing requirements. 3.1.2 This project will require a 20' wide swing or rolling emergency access gate at the entrance to the ditch access road. Said access gate shall be located a distance of 30 feet from Franklin Road. The gate shall be equipped with a Knoxbox Padlock which shall be ordered thru the Meridian Fire Department. 3.1.3 No parking shall be allowed on either side of S. Glen Canyon Avenue. 3.1.4 No parking shall be allowed around or near the proposed roundabout. 3.1.5 No parking shall be allowed on either side of S. Fritts Way from Franklin Road to W. Sunrise Point Street. 3.1.6 No parking shall be allowed along the alleys. All parking shall be restricted to garages or on the required parking pads. Sign and stripe accordingly to indicate the alleys are considered fire lanes. 3.2 GENERAL COMMENTS Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3.2.1 One and two family dwellings not exceeding 3,600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2.2 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. 3.2.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 3.2.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may required a temporary approved turnaround on streets greater than 150' in length with no outlet. 3.2.5 All entrance, internal roads, and alleys shall have a turning radius of 28 feet inside and 48 feet outside. 3.2.6 All common driveways shall be straight or have a turning radius of 28 feet inside and 48 feet outside, shall have a clear driving surface which is 20 feet wide, and be capable of supporting an imposed load of 75,000 GVW. 3.2.7 For all Fire Lanes provide signage "No Parking Fire Lane." 3.2.8 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. 3.2.9 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. 3.2.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.2.11 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 parlang. 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. 3.2.12 The attached residential units within the proposed development will require afire-flow consistent with the International Fire Code to service said units. Fire hydrants shall be placed per Appendiz D. 3.2.13 The proposed 334 building lots within the R-15 zoning designation, with an estimated 2.9 residents per household, would have a total estimated population of 969 residents at build out. The number of residents at build out is unknown at this time for the two proposed multifamily lots. 3.2.14 The Meridian 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3.2.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.2.16 A portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.2.17 The entrance to the alleys from the public streets shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 4. Police Department 4.1 The proposed development /plat does not offer natural surveillance opportunities of the public areas, including the tot lot. 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. If necessary, the site plan and/or landscaping plan shall be revised in accord with said discussion. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic, especially along Snow Canyon Drive, S. Iceberg Lake Way, and S. Sunset Point Way. The Applicant shall provide 4-way stops at the intersections of W. Snow Canyon Drive and S. Iceberg Lake Way, W. Snow Canyon Drive and S. Echo Canyon Avenue, and W. Snow Canyon Drive and S. Riggs Spring Avenue. The Applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on the internal. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.4 The Applicant shall supply only open vision fencing along both sides of the pathway at the south property line. 4.5 Provide adequate lighting adjacent to pathways, within parks, and within parking lots. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathways and/or trails shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 The 10-foot wide regional pathway shall be constructed to intersect with Franklin Road. 5.4 The parkways shall comply with the City of Meridian's Unified Development Code. Exhibit B ! ~- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 6. Sanitary Services Company 6.1 SSC will not provide trash pick-up services for properties utilizing common driveways. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient azea to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Trash collection for all residences need to be from a local street, not from a collector or arterial. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys, where they intersect a public street. 6.4 The Applicant shall provide a 35-foot concrete apron at all entrances to alleys. 7. Ada County Highway District 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct a 5-foot detached sidewalk a minimum of 41 feet from the centerline of Franklin Road abutting the site. Provide an easement for any se~nent of the sidewalk located outside of the ri t-of-wad 7.1.2 Construct sepazate left-turn bays, right-turn lanes, and right-turn tapers for both site approaches on Franklin Road. 7.1.3 Dedicate a total of 48 feet ofright-of--way from the centerline of Black Cat Road abutting the site. Construct a 5-foot detached sidewalk a minimum of 41 feet from the centerline of Black Cat Road. Provide an easement for segment of the sidewalk located outside of the ri t-of-wad 7.1.4 Construct a sepazate left-turn bay and ri t-turn taper on Black Cat Road at the site approach. 7.1.5 Construct S. Glen Canyon Avenue as a 46-foot street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk within 70 feet ofright-of--way, 7.1.6 Remove the ro osed center landscape island on S. Glen Canyon Avenue near its intersection with Franklin Road. 7.1.7 Provide the District with a road trust for one-half the cost of the signal at the intersection of Franklin Road and S. Glen Canyon Avenue. 7.1.8 Remove the proposed center landscape island on S. Glen Canyon Avenue neaz its intersection with Franklin Road. 7.1.9 Provide a 21-foot street section on both sides of the center landscape islands on S. Glen Canyon Avenue. 7.1.10 Construct the first 200 feet of S. Fritts Way with a 21-foot street section on both sides of the center landscape island. Construct the rest of S. Fritts Way as a 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk, as proposed. 7.1.11 Construct Sunrise Point Court as a 36-foot street section with curb, ,gutter, and 5-foot concrete sidewalk within 50 feet of ri t-of-waY 7.1.12 Construct W. Snow Canyon Drive as a 46-foot street section with vertical curb, gutter, and 5-foot detached or 7-foot attached) concrete sidewalk within 70 feet of ri t-of--way: 7.1.13 Construct W. Capital Reef Drive as a residential collector roadway as a 36-foot street section with curb, Qutter, and 5-foot wide concrete sidewalks within 50 feet of right-of--way. Parking will be restricted on this roadway. Coordinate the location of "NO PARKING" signa,ge with District Traffic Services Staff. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 7.1.14 Construct all internal local roadways as 36-foot street sections with rolled curb, gutter, and 5-foot attached sidewalk, as pro osed. 7.1.15 Construct a traffic circle at the intersection of S. Glen Canyon Drive and W Snow Canyon Drive as proposed. Coordinate the location and design of the traffic circle with District Traffic Services Staff. 7.1.16 Construct a traffic circle at the three-way intersection of W. Snow Canyon Drive and S Sunset Point Court. Coordinate the location and design of the traffic circleabout with District Traffic Services Staff. 7.1.17 Construct the following stub streets as proposed Install a sign at the terminus of each stub streets stating, "THIS ROAD WILL BE EXTENTED IN THE FUTURE." • Stub street to the east, W. Snow Canyon Drive, located ap proximately 610 feet (measured ~roperiy line to centerline) south of the north ~ro ~ line. • Stub street to the south, S Glen Canyon Avenue located ap proximately 480 feet (measured rp O~erty line to centerline) west of the east proper ty line. • Stub street to the south, S. Echo Canyon Avenue, located ap proximately 900 feet measured property line to centerline) west of the east propert y line. • Stub street to the south, S. Sunset Point Court, located approximately 1 420 feet (measured property line to centerline) west of the east proper ty line. • Stub street to the southeast, W. Capitol Reef Drive located ap proximately 200 feet (measured property line to centerline) north of the south prop erty line. • Stub street to the west, W. Jagged Rock Drive, located app roximately 460 feet (measured property line to centerline) south of the north prop erty line • Stub street to the north, located approximately 690 feet (measured rp operty line to centerline) east of the west pro ep_rty line. Provide design and cost estimates to District Staff for the construction of the north stub street and canal crossing. Road trust for the construction of one-half of the canal crossing and curb gutter, and sidewalk on the south side of the crossing. Coordinate with Development Review Staff in regards to the design of the crossing, 7.1.18 Construct a roadway to intersect Black Cat Road, W. Capital Reed Drive, located approximatel 100 feet south of the north property line. 7.1.19 Construct a roadway to intersect Franklin Road S Fritts Way located approximately 130 feet east of the west property line. 7.1.20 Construct a roadway to intersect Franklin Road, S. Glen Canyon Avenue located approximately 220 feet west of the east prop- line. 7.1.21 Submit bridge plans for the crossing of the Martin Lateral (W Captial Reef Drive and S Fritts Wav) and for the crossing of the Purdam Drain (W. Snow Canyon Drive) for review and approval prior to the pre-construction meeting and lp at ap royal. 7.1.22 Construct three 20-foot straight public alleys as proposed. 7.1.23 Other than the access specifically approved with this application, direct lot access is prohibited to Black Cat Road and Franklin Road, and shall be noted on the fmal plat 7.1.24 Comply with all Standard Conditions of A rpp oval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 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. 7.2.6 Comply with the District's Tree Planter Width Interim Policy. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any 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. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 laterals course through this proposed project. These easements 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 C. Legal Descriptions DAM O 1450 EastWaesrtowar St Suite 1513 5URYEY Meridian, Idaho 83642 GROUP Phone (208) 84¢-8570 Fax (208) 884-5399 Project AIo. OS-256 tJctober b, 2!)05 Bara~a Smbdi~tslam Annexation Description The NE 1!4 of the NW 104 and the NW 1!4 of the N.E 114 of Section 15, T,3N., R 1 W., B.M., Ada County, Idaho, and a partipn of the West 112 of the NW U4 of said Section 1 S, more particularly described as follows: SEGIl1fi1L'tiTG at the 114 corner conunon to Section 10 and the said Section 13, from which the Northeast corner of said Seetioa 15 bears Soeith 89° 1 S'27" East, 25A0 73 feet; Thence South 89°1 S'2T' East,1320.3G feet to the East 1116 comer common to Section 10 and the said Section 1 S; Thence along the Lust line of the NW lf4 of the NE 1!4 South !?0°27'13" West, 1329.09 feet to the NE 1116 c~ffier; `Thence North 89°15'04" West, 1317.75 feet to the C-N U16 comer, Thence continuing North 89°15'04" West,1324.68 feet to the NW llib comer; Thence along the F.~st line of the West 212 of the NW U4 Sau1h 00°47'25" West, 328.56 feet Thet3ce North 7S°42'49" West, 1180.91 few Thence NartU 00°43'03" F.asx, 263.81 feet (record 263.54.feet}; Thence North 89°iG'S7" Wes1,176.25 feet.to apoint on the Vest line ofsaid Section 1S; 'Thence along said line North 00°43'03" East, Z99.6S feet (record 3{24.00 feet}; Thence along the center of au irrigation ditch South 7S°59'37" Fast, f24.8$ feel (record 625.04 feet); Thence $anth 76°12°Qp" East, 734.88 feet (record 732.82 feet) to a point on tie East line of the NW 1!4 of the NVb' 114 of said Section 15; Professional Land 5urveyars Exhibit C • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 °T11~nce alorl~, said line Aiortl~ OG°31'51" Esst,1126.76 feet to the Vest if 16 carnet cos7mcrn td S~ectinn IU and the said Section 15; Thence Satoh 89°15p3d"Fast,132.O.28 feet to the Paint ofBeginning, .~ontaiain~ 95.5 acres, rsa©re br less. Prepared Idaho Surasy <i rev t~ ~vA~. NtIV 0 ~ ua~~iQ~aN i~J3~~~ ~~~~~K~ a~~~ Exhibit C D. Terry Pettgh, PT,~S • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 IDAHO SURVEY 1450 East Waxertovrer St s„ice I so Meridian, Idaho 83642 - GROUP Pnon$ (za) a46-as~o - Fan (208) 884-5399 Project No. 06-177 January 17, 2007 Baraya R-8 Zone A parcel of land located in the NE 1/4 of the N6V 1/4, and the NW 1/4 of the NE 1/4 of Section 1 S, T.3N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGI1Vl~TING at the North 1/4 comer pf said Section .15, from which the Northeast corner of said Section bears South 89°15'2T' East, 2640.73 feet; Thence along the North line of said NE 1/4 of the NW 1/4 North 89°15'34" West, 1190.28 feet; Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence 156.71 feet along the arc of a curve to the left, having a radius of l Ofl.00 feet, a central angle of 89°47'25", and a long chord bearing South 44°21'52"East, 141.16 feet; Thence South 89°15'34'° East, 494.25 feet; Thence 51.97 feet along the arc of a curve to the left, having a radius of 100.00 feet, a central angle of 29°4¢'33", and a long chord bearing North 75°51'09"East, 51.39 feet; Thence North 60°57'53" East, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°57'53" East, 451.21 feet; Thence 64.97 feet along the arc of a curve to the right, having a radius of 125.00 feet, a central angle of 29°46'40", and a long chord bearing North 75°51'13" East, 64.24 feet; Thence South 89°15'2T' East, 289.25 feet; Thence North 00°27' 13" East, 399.50 feet; Professional Land Surveyors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence 46.54 feet along the arc of a curve to the right, having a radius of 104.00 feet, a central angle of 26°39'52", and a long chord hearing North 13°47'09" East, 46.12 feet; Thence North 04°44'33" East, 258.57 feet to a poiirt on the North line of said Section 15; Thence North 89°15'27" West, 383.29 feet to the Point of Beginning. Containing 28.17 acres, more or less. Prepared. By: Idaho Survey Group, P.C. 1 ~I ' 1 .~ 44~ 1 ~ ,,A,,,, l- ~~7a d ~rF of ~o~ v p~v~ D. Terry Peugh, PLS REVD A AL BY ~€~~"~.~ a ~~ ~~RIDIAN PUBLtC ~nRKS DEPT. Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 IDAHO 1450 East wateroovver St Suite 150 SURVEY Meriden, idahc s3tr4z GROUP Pn~ ~~ i~o r-~t ~zo8~ ss4-5a~ Project No. 06-177 January 16, 2007 Baraya R 15 Zone Portions of the NE 1/4 of the NW 1/4, the NW 1/4 of the NE 1/4, and the West 1/2 of the NW 1/4 of Section 15, T.3N., R 1 W., H.M., Ada County, Idaho, more .particularly described as follows: Commencing at the 1/4 corner common to ,Section 10 and the said Section 15, from which the Northeast comer of said Section 15 bears South 89°15'2T' East, 2640.73 feet; Thence South 89°15'27" East, 1090.49 feet to the REAL -POINT OF BEGINNING. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°2$'ST' West, 158.74 feet; Thence South 40°13'22" West, 262.47 feet; Whence 163.11 feet along the arc of a curve to the left, having a radios of 235.00 feet, a central angle of 39°46'09", and a long chord bearing South 20°20'1T' West, 159.86 feet; Thence South 00°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 of the NE 1/4; Thence North 89°15'04" West, 810.74 feet to the C-N 1/16 comer, Thence continuing North 89° 15'04" West, 1324.68 feet to the NW 1/16 comer, Thence along the East line of the West 1/2 of the NW 1/4 South 00°47'25" West, 328.56 feet Thence North 75°42'49" West, 1180.91 feet; Thence North 00°43'03" East, 263.81 feet (record 263.50 feet); Thence North 89° 16'ST' West, 176.25 feet to a point on the West line of said Section 15; Thence along said line North 00°43'03" East, 299.65 feet (record 300.00 feet); Page 1 of 3 Professional Land Surveyors Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence along the center of an irrigation ditch South 75°59'37" East, 624.$8 feet (record 625.04 feet); Thence South 76°12'00" East, 734.88 feet (record 732.82 feet) to a point on the East line of the NW 1/4 of the NW 1/4 of said Section 15; Thence along said line North 00°31'51"East, 1126.76 feet to the West 1/16 comer common to Section 10 and the said Section 15; Thence along the North line of said Section 15 South 89°15'34" East, 130.00 feet; Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence 156.71 feet along the arc of a curve to the left, having a radius of 100.00 feet, a central angle of 89°47'25", and a long chord bearing South 44°21'52" East, 141.16 feet; Thence South 89°15'34" East, 494.25 feet; Thence 51..97 feet along the arc of a curve to the 1e8, having a radius of 100.00 feet, a central angle of 29°4('33", and a long chord bearing North 75°51'09"East, 51.39 feet; Thence North 60°57'53" East, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°57'53" East, 451.21 feet; Thence 64.97 feet along the arc of a curve to the right, having a radius of 125.00 feet, a central angle of 29°46'40' ; and a long chord bearing North 75°51' 13"East, 64.24 feet; `Thence South 89°15'27" East, 289,25 feet; Thence North 00°27' i3" Fast, 399.50 feet; Thence 46.54 feet along the arc of a curve to the right, having a radius of 100.00 feet, a central angle of 26°39'52", and a long chord bearing North 13°47'09" East, 46.12 feet; Page 2 of 3 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence North 00°44'33" Bast, 258.57 feet to a point on the North line of said Section 15; Thence South 89°15'34" East, 707.20 feet to the Point of Beginning. Containing 54.13 acres, more or less. Prepared By: Idaho Survey Group, P.C. D. Terry Peugh, PLS REVi Aovat. BY MERIDIANC~UBLIG WORKS DEPT. Page 3 of 3 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ~1®1H O 1450 Cast Watertower St Suke 150 SURVEY Mme. ia~ s364z GROUP Phony (2~ 846-8570 Fax CZ~) ~4-5399 Project No. ~-177 January 17, 2007 Baraya R-40 Zone A parcel of land located in the NW 1/4 of the NE 1/4 of Section 15, T.3N., R 1 W., B,M., Ada County, Idaho, more particularly descn'bed as follows: Commencing at the North 1/4 tamer of said Section 15, from which the Northeast coiner of said Section bears South 89°i5'27"-East, 2640.73 feet; Thence South 89°15'27" East,1090.49 feet to the REAL POINT OF BEGINNII~TG. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°28'ST' West, 158.74 feet; Thence South 40°13'22" West, 262.47 feet; Thence 163.11 feet along the arc of a curve to the left, having a radius of 235.Op feet, a central angle of 39°46'09", and a long chord bearing South 20°20' 1 T' West, 159.86 feet; Thence South 00°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 of the NE 1/4; Thence South 89°15'04" East, 507.01 feet to the NE 1/16 corner; Thence North 00°27' 13" East, 1329.09 feet to the West 1/16 comer common to Section 10 and the said Section 15; Thence North 89°15'2T' West, 229.87 feet to the Poin_ t of Beginning. Containing 13.26 acres, more or less. ~~ By: Idaho Survey Grou~P.C. l ~avl ~a~ o 4~~~ JA ~~ ed~7 ~, ~- X7-0; MERIDIAN PUBLIC O, }4~ OF ~~'~ WORKS DEPT.- Professional Land nS~~'ePy~'i ~~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ~i h~ ~~~ ~~ ~~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property to R-8 (Medium Density Residential), R-15 (Medium High-Density Residential) and R-40 (High Density Residential). The 2002 Future Land Use Map currently designates this property as "Medium Density Residential" and "Mixed Use -Regional." The Council finds that the requested zoning of R- 15 and R-40 to be generally consistent with said Comprehensive Plan designations. The proposed Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Plan, Medium Density Residential azeas should range between 3 - 8 units per acre. Additionally, Medium High Density Residential azeas should have a range of 8 -15 units per acre. The Council believes the mixed zoning designation of R-8, R-15, and R-40 for this site is appropriate; R-8 for detached single-family units, R-15 for attached townhouses and other single-family units, and R-40 for multi-family development. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. Therefore, the Council finds that the requested zoning of R-8, R 15, and R-40, and overall gross density of 5.48 dwelling units per acre for the proposed subdivision to be generally consistent with both the current Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan, which, if adopted, will amend the current Future Land Use Map designations for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis -Annexation Analysis, Section 10, of this Staff Report. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that, if approved, the proposed map amendment will not be detrimental to the public health, safety or welfaze. Staff and the Commission recommend the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council does not believe that the proposed zoning amendment will 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). The Council finds that all essential services are available or will be provided by the developer Exhibit D i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the 2002 Future Land Use Map and the City's Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan. Therefore, the Council finds that Annexation and Zoning of this property would be 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 Plan; If the Applicant complies with the conditions in Exhibit B of the Staff Report, the Council finds that the plat will be in conformance with the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10, 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 are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See Finding Items c and d above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff and the Commission are not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend the 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 are unaware. f. The development preserves significant natural, scenic or historic features. The Purdam Drain bisects this property. The Council finds that the Purdam Drain is a waterway which should be preserved during development of this site. Staff and the Commission are unaware of any other natural, scenic, or historic features on this site. Therefore, 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 maj or importance of which Staff and the Commission Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 are unaware. If the Purdam Drain is preserved, 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. Exhibit D • J U ly 6, 2007 P P 06-062 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT RMR Consulting, Inc. ITEM NO. 5-C REQUEST Findings for Approval - Requst for Preliminary Plat approval of 118 sf bldg lots on 26.41 acres in R-8 zone; 216 sf bldg lots on 38.26 acres 8~ 1 school lot on 14.98 acres in R-15 zone; 2 mf lots on 13.01 acres in R-40 zone & 30 common lots for Baraya Subdivision - 3935 Franklin AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mat®rials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~ ;~ 4+~ f'I'Qi' ~6Y~ ~~ ~ ~1 ~r~e i ,ter P ~ IF3:'4}{~1 !ti„3. ~:~ 9"~fa$+ In the Matter of the Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15, and R-40 AND Preliminary Plat consisting of 118 single family residential lots on 26.41 acres in the proposed R-8 zone, 216 single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone, 2multi-family lots on 13.01 acres in the proposed R-40 zone, and 30 common lots, for Baraya Subdivision by RMR Consulting, Inc. Case No(s). AZ-06-061, PP-06-062 For the City Council Hearing Date of: June 19, 2007 (Continued from Apri13, 2007) Findings on the July 10, 2007 City Council agenda A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 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 City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 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 and the provisions of the Development Agreement stated in the attached Staff Report for the hearing date of June 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 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. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. 2. The Applicant's Annexation and Zoning, as evidenced by having submitted the legal description and exhibit map, stamped and dated January 17, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved with the following modifications to the Development Agreement: a. Condition 1.1.7 shall reflect 334 buildable lots, not 3151ots. b. The Applicant is to comply with the approved elevations and design standards as outlined in the staff report, as well as any additional standards established with the Ten Mile Interchange Specific Area Plan. c. That the rear elevations of the homes visible from public streets and open spaces also be subject to architectural standards established for Bazaya. d. Additional design standards for Baraya are as follows: - All dwellings shall be provided with eaves which project not less than twelve (12) inches beyond the side of the exterior wall. - All dwellings shall be a minimum of 1,100 square feet of livable area excluding the garage area. - At least seventy-five (75) percent of the second story of two-story dwellings shall be set back a minimum of three (3) feet (from the wall plane) or set CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 forward a minimum of two (2) feet (from the wall plane) when positioned over the garage; oY two-story dwellings shall include architectural features such as, but not limited to, roof lines, belly bands, pop-outs, cantilevers, material variations, and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - Elevations of dwellings shall incorporate varied wall planes or roof forms, prominent fascia and overhangs and main entries shall be defined by incorporating architectural elements such as roof gables, dormers, vestibules, lighting, etc. - Elevations of dwellings, including the garage, shall include natural appearing quality materials and distinctive architectural detailing including, but not limited to, stucco, stone, or brick on the side oriented to the street. - The site design shall de-emphasis garages. As such, at least 64 dwellings, or 19%, of the lots shall access garages from public alleys, with the primary front entrance from the public street, as shown on the approved preliminary plat. - Dwellings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim, sills, easings, mullions, shutters, popouts, and/or other architectural details around windows, entrance doors, sliding glass doors, and garage doors. - Each dwelling shall have a usable covered front porch, balcony and/or courtyard. Recessed entries shall have extended porches, covered entryways, and/or courtyards to at least the front plane of the house. - Provide variety in design and avoid monotony by varying structure types and elevations. e. The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with the related phase, prior to occupancy of dwelling units. 3. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, labeled Sheets PP-l, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is hereby conditionally approved with the following modifications: a. That the Applicant address aneast-west collector connecting with the north-south collector (S. Glen Canyon Avenue) to be at southeast corner of the subject property, with submittal for [the associated] Final Plat. 4. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated January 22, 2007, and prepared by Jensen Belts Associates is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 By action of the City Council at its 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 ATTEST G. Copy served upon: VOTED_~~,~~ VOTED_ C~~Gr^-- VOTED__ ~~~'~r~ VOTED_ ~~~ZG~.- VOTED ~~~~ ~ ' ` de WEERD '° ~~ re ~ ~~, J ., C ~3, ~ Apphcarit ~~ii~i~i~ei n-~o~~`'~ 1/ Planning Department ~~ Public Works Department ~- City Attorney By: Dated: 1 ~ (Z. ~~ ty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 STAFF REPORT Hearing Date: June 19, 2007 Continued From: Apri13, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Baraya Subdivision • AZ-06-061 ,, t..~ , yes, n ~ ~ ~-?'.w ~~ ~~F~'V r~~ ~lA'~I '~~ I i~'Vi~~'I~,+~ _~`~ ~~``~~r +, t~a.ro-ira A~ _ ~": ~~f ,~. Y,.r~ 4i ~~-~ Y Annexation and Zoning of 95.57 acres from RUT (Ada County) to R-8 (Medium Density Residential - 28.17 acres), R-15 (Medium High-Density Residential - 54.13 acres), and R-40 (High Density Residential - 13.26 acres), by RMR Consulting, Inc. • PP-06-062 Preliminary Plat consisting of 118 single family residential lots on 26.41 acres in the proposed R-8 zone; 216 single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision. NOTE: The City Council first heard this proposal on April 3, 2007. Also in April, there was an application for a Comprehensive Plan Map Amendment scheduled before the Planning & Zoning Commission, which affected the subject property, called the Ten Mile Specific Area Plan. City Council elected to continue the subject AZ and PP applications to June 19, 2007, to allow enough time for the CPA proposal to come before the Council. The Council approved the Ten Mile CPA on May 22, 2007. Planning Staff has updated this report to include Council's discussion of the project at the April 3 meeting and the building elevations provided by the Application at said hearing. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for annexation and zoning of 95.57 acres, from RUT (Ada County) to R-8 (Medium Density Residential) for 28.17 acres, R-15 (Medium High-Density Residential District) for 54.13 acres, and R-40 (high Density Residential) for 13.26 acres. The Applicant has also submitted a preliminary plat for the subject property which proposes 334 single-family residential lots, 28 common lots, and 1 school lot within the proposed R-8 and R-15 zones; 2multi-family and 2 common lots are also proposed in the R-40 zone. The site has not been previously platted. The subject property is located south of Franklin Road and east of Black Cat Road at 3935 West Franklin Road and 280 South Black Cat Road, in Section 15, Township 3 North, Range 1 West, B.M. The subject property is within the City's current Area of Impact and Urban Service Planning Area. The subject applications, AZ-06-061 and PP-06-062, were heard before the Planning and Zoning Commission on January 4, 2007. Planning Staff recommended denial of the project as Staff believed the project was inconsistent with the goals of the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standards. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 The new plan proposes additional building lots which warranted re-noticing the neighboring property owners of the changes and publishing the new notice in the media. Staff believes the revised preliminary plat is more compatible with the goals and policies of the existing Comprehensive Plan, the Ten Mile Interchange Specific Area Plan, and the Unified Development Code. 2. SUNIlVIARY RECOMMENDATION The subject applications (AZ-06-061 and PP-06-062) were submitted to the Planning Department for concurrent review. Below, Staff has provided a detailed analysis for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of the proposed Baraya Subdivision subject to the conditions listed in Exhibit B of the Staff Report, if the Commission believes the building elevations provided by the Applicant at the public hearing meet Staff's design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoning Commission heard these items on January 4 and March 1, 2007. On March 1 2007 the Commission moved to recommend approval to the City Council. a. Summary of Commission Public Hearing: i. In Favor: Matthew Schultz (Applicant's Representative ii. In Opposition: None iii. Commenting None iv. Written Testimon~Larry Woodard (1Vlinister Cherry Lane Christian Churchl v. Staff Presenting Application: Amanda Hess vi. Other Staff Commenting on Application: None b. Kev Issues of Discussion by Commission: i. Providing auality building exteriors to include stucco stone and brick ii. The Applicant's proposal that the hi density portion should be subject to the Ten Mile Specific Area design guidelines in effect at the time of development in lieu of the Applicant generating_guidelines now. iii. The Applicant providing trees adjacent to the Purdam Drain, if allowed by the Nampa & Meridian Irrigation District. c. Kev Commission Changes to Staff Recommendation: i. Requiring the Applicant to construct products with quality exteriors to include natural appearing materials and architectural detailing including but not limited to stucco stone and brick. ii. Not requiring the Applicant to provide development / design guidelines for the multi fami~ portion of the proiect; that those issues can be addressed through the CUP process as all multi-family ~roj ects must procure CUPS. d. Outstanding Issue(s) for City Council: i. The Applicant has provided Staff with proposed sin a family elevations on March 28 2007 for the benefit of the City Council. ii. The Commission did not approve the proposed townhouse elevations supplied bathe Applicant. They directed the Applicant to redesign them to modulate the fronts of the structures (i.e. bring the living area forward) so that there is not just a straight street of garages. The Applicant has provided Staff with new townhouse elevations on March 28 2007, for the benefit of the City Council. iii. The Applicant did not supply elevations for the proposed alley-loaded product for the Commission. However the Applicant provided Staff with these elevations on March 28 2007, for the benefit of the City Council. The Meridian Citv Co nc'1 heard this item nn April ~ ?r.a Tnna 1Q_ 7fIM_ A} tha Anil Ord nnhlir eari_ng they moved to continue the Lbiect ann ication Vo une 19.2007 a. ummarv of itv o roc•1 pLhli Aparin~ nn April ~rd• Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 200? i. In favor Matt Schultz & Kent Brown (Applicant's Renresentativesl• ii. In opposition: Steve Moore iii. Commentins?: None iv. Written testimony: None v. Staffpresentine application• C Caleb Hood vi. Other staff commentine on application• N__one b. ev >( ue of Dic ~csion by o ~ne'1: i. Does the proposal meet the City's goals for minimi~in~ access to arterials whale etill c nforminss to the transportation Ulan for the Ten Mile Areas fThe answer is vesl• ii. sienalized intersection on Franklin for a future collector that is to be located near the east property boundary of the Barava Subdivision: iii. Property will be set aside for a school on-site. However. at present. the School District is ure of the timing of construction of the school: iv. Pedestrian pathways within the subdivision for future children to access the school• v. That the Applicant provide alternatives to the submitted ¢araee-dominated single-family and townhouse products: and vi. Continuine the public hearing until such time that the Ten Mile Specific Are Plan is adopted by the Council. c. Outstan inu I uec for itv ounc'1• i. Condition 1 1 7 references 315 buildable lots This number is incorrect The plan proposes 3341ots. This Condition of Approval should be modified to reflect that• ii. Condition 1 1 12 should state that the required landscaping and sidewalks are to be installed long the arterials correspondin¢ with the related phase. The DA sho ld also be modified to reflect this chanee• iii. Con ition 1.1.10 should state that the Applicant is to comply with the approved elevations and desien standards as outlined in the staff report as well as any additional ctanclardc established with the Ten Mile Interchance Specific Area Plan The DA should also be modified to reflect this chan~e• iv. Whether the elevations for the proposed residential structures (single-family townhouse alley-load etc 1 are acceptable Staff has included the elevations proposed at the previous Council hearine in this staff report The Applicant recently provided an additional townhome enderine which is also included in the report: v. The Applicant provided Staff with additional residential desim guidelines to be included in the proposed Development A¢reement. which Staff supports: and vi. The Applicant provided Staff with proposed residential setbacks for the development While ost of these setbacks do meet the City's standards some do not Staff recommends that the Council require the proposed development to comply with all UDC setback requirements for their respective zones. he Meri laII 1tV OunC'1 heard this item nn _jnn . 19. 211M_ s± }he *+^lhlic Aaarina tAav mnva t0 anurove the subiect auulication . a. ;,ummarv of City Co nc'1 Public HeA~nu• i. favor: Matt Schultz (Applicant's Renresentativel• ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staff presenting application: Anna Canninf? vi. Other Staff commentine on application• None b. ev Issues of Discussion by Co nc'1: i. That the rear elevations of the homes visible from public streets and open_ spaces also be subi ect to architectural standards established for Barava: Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ii. How the residents of Barava will be notified of future construction of the multi family portion /apartment units - throu the CC&Rs when porch ing a home within the development: iii. The concern that public services such as policing and fire nrnte_c_t_i_n_n arP nnr ari~_ ,,,arP_ t~ serve the ea as of vet• iv. Whether the road infrastructure is capable of serving a development of this size until Black Cat and Franklin Roads are improved• v. The possibility of establishing LIDS to provide for public infrastn~rh~re~ anti vi. The Ten Mile Plan depicts aneast-west collector connecting with the north-south cnllertnr (S. Glen Canyon Avenuel at the southeast corner of the subiect property Council believes that the Applicant address this issue with submittal for Final Plat c. ev Counc'1 .1~angec t o mi sion Recoinm i. Condition 1 1 7 be modified to reflect 334 buildable lots not 3151ots• ii. Condition 1 1 12 be modified to state that the required landscaping and sidewalks are to be installed alone the arterials corresponding with the related nhace The 1~A chrnilri glen hP modified to reflect this change• iii. Condition 1 1 10 be modified to crate hat the Applic t is to comply with the approved elevations and design standards as outlined in the staff report as we_11 ac any adcl;t;nnat standards established with the Ten Mile Interchange Specific Area Plan The DA should also be modified to reflect this change• iv. That the additional residential design guidelines provided to Staff by the Applicant are t_n_ h_ e_ included in the roposed Development Agreement: v. That the rear elevations of the homes visible frompublic streets and open spaces also be subiect to architectural standards established for Barava• vi. That the Applicant address aneast-west collector connecting with the north-south collector (S. Glen Canyon Avenuel to be at southeast comer of the subiect property with submittal for Final Plat. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06-061 and PP-06-062 as presented in the staff report for the hearing date of June 19, 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- 061and PP-06-062, as presented during the hearing on June 19, 2007: (state specific reasons for denial of the annexation and preliminary plat requests) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 061 and PP-06-062 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: 3935 West Franklin Road & 280 South Black Cat Road Section 15, Township 3 North, Range 1 West b. Owner: Dyver Development, LLC 1977 East Overland Road Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Meridian, ID 83642 c. Applicant: RMR Consulting, Inc. 2127 South Alaska Way Meridian, ID 83642 d. Representatives: Matt Schultz, RMR Consulting, Inc., & Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Per the 2002 Comprehensive Future Land Use Map, the present designation is Mixed Use Regional and Medium Density Residential (plus amulti-use pathway and a regional park in the vicinity). g. Proposed Comprehensive Plan Designation /Ten Mile Interchange Specific Area Plan: The Ten Mile Interchange Specific Area Plan, a document that details land use and transportation plans for the Ten Mile area, proposes future land uses on this site to be: Civic / School Site, Green Space and Parkland, Medium Density Residential, Medium High Density Residential, and High Density Residential: Please see Exhibits A-S and A-6 for the proposed Ten Mile Interchange Specific Area Plan Land Use Map. h. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 12, 2007 2. Date of landscape plan (attached in Exhibit A): January 22, 2007 3. Proposed Elevations (attached in Exhibit Al i. Applicant's Statement/Justification: The proposed annexation and preliminary plat applications for the Baraya Subdivision carefully considers all aspects of the Meridian Zoning Ordinance, Ten Mile Interchange Specific Area Plan, site location, surrounding neighbors, and the housing market in Meridian. Baraya is a quality residential development that complies with the Unified Development Code and with the intent of the current and future Comprehensive Plans for the area. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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 reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 18, 2006, January 1, 2007, February 12, 2007, & February 26, 2007 (P & Z Commission) March 12, 2007, & March 26, 2007 (City Council d. Radius notices mailed to properties within 300 feet on: December 8, 2006, & February 2, 2007 (P & Z Commission) March 9, 2007 (City Council) Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 e. Applicant posted notice on site by: February 19, 2007 March 24, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Primarily agriculture; two existing single-family homes with outbuildings b. Description of Character of Surrounding Area: Agricultural /Rural; rapidly urbanizing c. Adjacent Land Use and Zoning: 1. North: Silver Oaks Subdivision, developing with multi-family and a daycare, zoned R-15 & L- O; Residential & Agriculture, zoned RUT and Rl (Ada County) 2. East: Agricultural/Residential, zoned RUT (Ada County) 3. South: Agricultural, zoned RUT (Ada County) 4. West: Agricultural, zoned RUT and Rl (Ada County) d. History of Previous Actions: In late 2005, the Applicant submitted annexation and zoning, and preliminary plat applications for this site. That project was called Bryce Canyon Subdivision. Bryce Canyon included a request for an R-8 zone for 49.27 acres of the site and a TN-R (Traditional Neighborhood -Residential) for 46.30 acres of the site. The preliminary plat proposed 475 single-family residential lots and 62 common and other lots. The applications were withdrawn by the Applicant shortly thereafter. On May 18, 2006, the Applicant again submitted annexation and zoning, and preliminary plat applications for this site. This time the project was called Baraya. The applications for Baraya, AZ- 06-025 and PP-06-024, proposed 406 single-family residential lots, 1 office lot, and 23 common lots within the R-8 and L-O zoning designations. Said applications were brought before the Planning & Zoning Commission on June 15, 2006. At that time, the Commission recommended approval of the project. However, on July 18, 2006, the City Council voted to deny Baraya. Council's basis for denial fell primarily upon the lack of conformance of the proposal with the anticipated outcome of the Ten Mile Area Specific Plan. The Applicant requested reconsideration of City Council's decision to allow for redesign of the project. The Council subsequently remanded the proposal back to the Planning & Zoning Commission. On January 4, 2007, the Meridian Planning & Zoning Commission heard the subject applications, AZ-06-061 and PP-06-062. Planning Staff recommended denial of the project as Staff believed this revision, too, was inconsistent with the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standards. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: The Black Cat Trunk is currently under construction through this site. Location of water: There is currently water in Franklin Road. Issues or concerns: The location of the seepage beds near the alley loaded product will render the zone allowed 10-foot street side setback to the living area to be 20-foot due to DEQ requirements of 20-feet of separation between building foundations and seepage beds. Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 6 • M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 2. Vegetation: Primarily agriculture 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Purdam Drain, Marvin Canal, and Kennedy Lateral cross or lie adjacent to this site 5. Hazards: N/A 6. Proposed Zoning: R 8, R-15, and R-40 7. Size of Property: 95.57 acres 8. Description of Use: 334 single-family residential dwellings, 2multi-family lots, and 1 school lot f. Subdivision Plat Information: 1. Residential Lots: 336 (includes two R-40, multi-family lots, to be developed in the future) 2. Non-residential Lots: 1 (elementary school site) 3. Total Building Lots: 337 4. Common Lots: 30 5. Other Lots: 0 6. Total Lots: 367 7. Density Gross Density (d.u./acre) Net Density (d.u./acre) Net-Net Density (d.u./acre) R-8 4.47 5.72 7.37 R-15 5.65 7.9 10.48 R-8 + R-15 5.16 6.97 9.12 R-40 20 20 ---- NOTE: The densities for the R-40 district are only estimates, as no development is proposed at this time. R-15 values exclude the 14.98-acre school pazcel. Applicable Definitions: • Gross density is the term which describes in a residential development, the total number of dwellings divided by the total number of acres in a project site including those portions of the site which are used for ancillary uses such as streets, schools, parks, and similar facilities. • Net density is the term which describes (in a residential development), the number of dwelling units divided by the acres of land set aside for only those residences, excluding ancillary uses such as major streets (normally major thoroughfares and arterials), schools, parks, and similar facilities. • Net-Net density is a variation on net density which subtracts from the calculation the area devoted to local streets in addition to major streets. g. Landscaping: 1. Width of street buffer(s): 25 feet along Franklin Road, 25 feet adjacent to Black Cat Road, and Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 20 feet along South Glen Canyon Avenue. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as usable open space: 16% (13.01 acres) 4. Other landscaping standards: 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). Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 squaze feet (UDC 11-3G-3-E2). h. Amenities: The Applicant proposes several amenities to meet the common open space requirements of UDC 11-3G-3B. These include amulti-use pathway; pazkways; a 20-foot landscaping buffer along South Glen Canyon Avenue, a residential collector street; and two community pazk areas that include a pool with changing rooms and tot-lots. i. Proposed and Required Non-Residential Setbacks: The applicant is not requesting any deviations from the required dimensional standards of the R-8, R-15, and R-40 zones. j. Off-Street Pazking: UDC Table 11-3C-2 requires a two car garage and a 20' by 20' parking pad for all single-family dwelling units. k. Summary of Proposed Streets and/or Access: Access to this site is proposed from three public streets that connect to Black Cat Road (1) and Franklin Road (2). A residential collector roadway, South Glen Canyon Avenue, is proposed to intersect Franklin Road near the east boundary of the property and divides the property, east-west, along the proposed zoning designations of R-15 and R-40. S. Glen Canyon Avenue aligns with the public street approved in Silver Oaks Subdivision / Umbria Subdivision to the north. South Fritts Way, a local street, is also designed to intersect with Franklin Road and provides additional access to this property. Capital Reef Drive is a proposed public street that intersects Black Cat Road. This public street will also serve as the primary access to the future school site. There are several different street sections proposed within this development. Two public alleys are proposed to access the rear-loaded residential products. Internal streets aze proposed to have either attached sidewalks or detached sidewalks. Stub streets are proposed to the properties to the south, east, and west. Staff is generally supportive of the proposed street system and access for this development. For a detailed report on the public streets and access points, please see the comments provided by the Ada County Highway District in Exhibit B. I+IA~• "° °~*"° ~ ~* -'°°~*, ~ "~`L•^ ~~ 7. AGENCY COMMENTS MEETING On February 9, 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 a. 2002 COMPREHENSIVE PLAN LAND USES (Current) Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 8 • M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 The subject site is currently designated "Medium Density Residential" and "Mixed Use -Regional" on the Meridian Comprehensive Plan Future Land Use Map. Approximately half of the subject site is designated for each land use; the western 3/ of the site, "Medium Density Residential," and the eastern %, "Mixed Use -Regional: ' In Chapter VII of the Comprehensive Plan, "Medium Density" is defined as azeas including single-family homes at densities of three to eight dwelling units per acre. As the proposed overall net density for the R-8 and R-15 zones (6.97 d.u./acre) is within minimum target density of 3 to 8 d.u./acre for Medium Density Residential, Staff believes that the portion of the plat which falls within the area designated as "Medium Density Residential" conforms to the Comprehensive Plan stated purpose and intent for this designation. In Chapter VII of the Comprehensive Plan, the "Mixed Use -Regional" (MU-R) designation is defined, in part, as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the squaze footage of non-residential uses and is intended to allow a broad range of uses. Within this land use designation, the proposal supplies residential lots ranging in size from 3,500 squaze feet to over 8,600 square feet and a 10.25-acre azea that is being set aside for future multi-family units. b. TEN MILE INTERCHANGE SPECIFIC AREA PLAN (Pending) September 28, 2006, marked the culmination of a week-long effort, known as the Ten Mile Interchange Specific Area Plan Charette. Design experts, planners, and the general public, met in a series of intense workshops, to craft development concepts and future land uses for the Ten Mile area. Meridian City Staff have already submitted a Comprehensive Plan Amendment which proposes to amend the 2002 Future Land Use Map to reflect those land uses agreed upon at the Chazette. These changes will have a significant impact on development of the subject site. Staff has attached the draft Land Use Map created during this process. Please see Exhibit A-S for Land Use Map. Four categories of residential land uses were established through the Ten Mile Chazette process: Low Density Residential, Medium Density Residential, Medium High-Density Residential, and High Density Residential. The subject property falls within three of the aforementioned categories. Below is a brief description of these residential categories. Medium Density Residential: Medium Density Residential azeas aze characterized by relatively low densities and a predominance of single-family and two-unit housing types. Smaller two, three and four unit apartment buildings may be compatible in a Medium Density Residential area; large apartment buildings or apartment complexes are not. In general, Medium Density Residential areas should be protected from encroachments of higher density or higher intensity uses. Medium Density Residential areas should include a mix of housing types that achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 3- 8units per acre. Most developments within the azea should fall within this range, although small azeas of slightly higher density may exist. Higher density housing types within Medium-Density Residential areas generally should be located neazer mixed use or other more intensively developed azeas, with a transition to smaller buildings, such as duplexes and single-family detached houses, as the distance from the more intensively developed azea increases. Medium High-Density Residential: Medium High-Density Residential azeas aze locations recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. Medium High Density Residential areas should include a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre. Generally, densities should range from 8-IS units per acre. Most developments within these azeas should fall within or below Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 this range, although small areas of higher or lower density residential development maybe included. Within "Medium High-Density" areas, the largest-scale, highest-density housing should be located closest to higher intensity uses, commercial or other type of activity center, with a transition to smaller-scale and lower density buildings as the distance from the higher intensity use or center increases. High Density Residential: High Density Residential areas are multiple-family housing areas where larger and taller apartment buildings are the predominant recommended building type. High Density Residential areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments within the High Density Residential areas should fall within or below this range, although smaller areas of higher or lower density may be included. Residential densities can be concentrated in multistory projects with up to 50 dwelling units per acre allowed. a COMPREHENSIVE PLAN POLICIES Staff fmds the following 2002 Comprehensive Plan text policies to be applicable (Staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, which currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (NIPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) In accordance with this Goal and Action Item, the Applicant has designed the plat so that only three access points, all public streets, intersect the adjacent arterial streets. Staff is supportive of the proposed access to the adjacent arterials and proposed collectoY • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Goal I, Objective B) Staff finds that the site is designated for MU-R and Medium Density Residential on the 2002 Comprehensive Plan Future Land Use Map. Staff believes that Baraya Subdivision generally conforms to applicable Comprehensive Plan policies for the current land use designation. However, Staff recommends that the Commission and Council determine whether the subject application provides the appropriate mix of uses as called for under a "Mixed Use -Regional " under the current land use designation. NOTE: The proposed Ten Mile Area CPA does not propose any commercial or retail areas on this property. • "Encourage appropriate land uses along transportation corridors." (Chapter VII, Goal IV, Objective D) Because there will be a new interchange at Ten Mile Road, and a potential transit station is anticipated at the intersection of Ten Mile Road and the railroad tracks (just north of this site), Staff believes that the densities /higher intense residential uses of the site, as proposed, are appropriate, particularly east of the Purdam Drain and on the south side of the property. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) In accordance with the UDC, the Applicant is proposing to construct a 25 foot wide landscape buffer with perimeter fencing along Franklin Road. A 25 foot landscaping buffer is also proposed along Black Cat Road; however, no fencing is proposed. The Applicant is also proposing to construct a 20 foot wide landscape buffer along South Glen Canyon Avenue, a proposed residential collector road Staff is supportive of these landscape buffer widths, as long as the buffers lie outside of the right- of-way and are constructed in accordance with UDCpolicies. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Combined with the sidewalks, the additional rights of way for Franklin Road and Black Cat Road should be large enough to accommodate future pedestrian and bicycle movements along the arterial roads. Further, the proposed sidewalks, micropathways, and multi-use pathways encourage both bicycle and pedestrian travel to and through this development. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action 1) Per the 2002 Comprehensive Plan Future Land Use Map, the properties which are north of the subject site are planned for High Density Residential and Industrial uses, east and south of the site for continuations of the Mixed Use Regional designation; and west and south of the site are continuations of the Medium Density Residential uses. Staff believes that this project does propose land uses that are generally compatible with the existing uses in the area. The Ten Mile Interchange Speck Area Plan designates the adjacent land uses to be residential in nature and varying in intensity. Therefore, Staff believes that the project does propose land uses that are compatible with that proposed in the Ten Mile Interchange Specific Area Plan. "Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 11 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action 10) As noted above, this project generally complies with the current residential categories anticipated for this property. Additionally, Staff believes that the subject proposal provides the variety of residential uses called for in the proposed Ten Mile Interchange Specific Area Plan. • "On-street bikeways should be incorporated on all future collector streets." (Chapter VI, Figure VI-5) Figure VI-S on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. d. COMPREHENSIVE PLAN SUNIMARY The Applicant has submitted a preliminary plat which Staff believes is generally compatible with the goals and policies of the existing Comprehensive Plan. Staff believes that the portion of the plat which falls within the area designated as "Mixed Use -Regional" generally conforms to the Comprehensive Plan stated purpose and intent for this designation The Applicant proposes to set aside approximately 14.98 acres for an elementary school site, 13.01 acres for high-density residential uses, and the remaining property, 62.87 acres for single family detached and attached residences. This is the first application to be submitted and reviewed under the draft Ten Mile Interchange Specific Area Plan. Staff believes that the first application in the Ten Mile Interchange Specific Area Plan should closely conform to the development plan for the Area, thus setting the tone for development around the interchange. NOTE: South Ridge Subdivision, located south of the Interstate, was recently approved by the City Council. The Applicant for South Ridge was also held to the proposed Ten Mile Interchange Specific Area Plan standards. Staff proposed, under the previous annexation, zoning, and preliminary plat applications for Baraya, that the Applicant wait on the adoption of the Ten Mile Plan and then design a development that was consistent with the Ten Mile Plan. The Applicant elected to redesign the project and submit new/revised applications. Staff believes that the subject preliminary plat is now consistent with the Ten Mile Interchange Specific Area Plan and the existing land use designations shown on the Future Land Use Map. 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: UDC Table 11-2A-2 lists Single Family Residential (attached and detached) as permitted uses in the R-8 and R-15 zoning districts. UDC Table 11-2A-2 lists multifamily developments as conditionally permitted uses in the R-40 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ANNEXATION & ZONING ANALYSIS: The annexation legal description submitted with the application (stamped on January 17, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Applicant is proposing to zone the subject property R-8 (Medium Density Residential), R-15 (Medium High-Density Residential), and R-40 (High Density Residential). The 2002 Future Land Use Map designates this property as "Medium Density Residential" and "Mixed Use -Regional." Staff fords that the requested zoning of R-8, R-15, and R-40 to be geneYally consistent with said Comprehensive Plan designations. The draft Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Ten Mile Plan, Medium Density Residential areas should achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 3 - 8 units per acre. Additionally, Medium High Density Residential areas should achieve an overall average density target of 12 dwelling units per gross acre. In general, densities should range from 8 - 15 units per acre. Staff finds that the requested zoning of R-8, R-15, and R-40 and net densities for the proposed subdivision of 5.72, 7.90, and 20 dwelling units per acre, respectively, to be consistent with the Ten Mile Interchange Specific Area Plan. A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation 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 to initiate this process. The DA shall include, at minimum, the following: • 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. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The Applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Each final plat shall substantially comply with the approved preliminary plat such that a minimum of ~ 344 single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (50) dwellings maybe constructed until a secondary access is provided to the subject development. • The Applicant shall provide amulti-family development within the R-40 zoning district which meets or ezceeds a residential density of 16 d.u.'s/acre. • Development of the multi-family portion shall be subiect to the Conditional Use Permit (CUP) process. If the Ten Mile Specific Area design gaidelines are in force at the time of development. then development of the multi-family portion shall be consistent with said guidelines. Otherwise the owner /developer shall provide city-approved design guidelines for said multi-family portion at the time of procurement of a CUP. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 . The Applicant is to comply with the approved elevations and design standards as outlined in the staff report. as well as_ any additional standards established with the Ten Mile Interchange Specific Area Plan The rear elevations of the homes visible from public streets and open spaces shall also be subiect to the architectural standards established for Baraya The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads c rresponding with Phasing, prior to occupancy of dwelling units. The Baraya Design Standards are as follows: - Provide a variety of housing types. - Provide variety in design and avoid monotony. Modulate fagades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. - Construct products with quality exteriors to include natural appearing materials and . architectural detailing including, but not limited to, stucco, stone, and brick. - Use architectural elements to defime entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. - Incorporate usable front porches where they can be integrated with design. - De-emphasize garages. Provide alley- or side-load products. Design parking to be in the rear with products fronting landscaping areas and streets. - Provide for pedestrian connectivity. - Develop guidelines for the future owners of the multi-family property. - 1 dwellings shall be provided with eaves which proiect not less than twelve (121 inches beyond the side of the exterior wall. - 1 dwellings shall be a minimum of 1.100 square feet of livable area excluding the garage area. - t least seventy-five (751 percent of the second story of two-story dwellings s ll be set back a minimum of three (31 feet (from the wall planel or set forward a minimum of two (21 feet (from the wall planel when positioned over the garage: or two-story dwellings shall include architectural features such as. but not_limited to. roof lines, belly bands. pop-outs. cantilevers. material variations. and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - Elevations of dwellings shall incoroorate varied wall planes or roof .forms, prominent fascia and overhangs and main entries shall be defined by incoroorating architectural elements such as roof gables. dormers. vestibules. lighting. etc. - Elevations of dwellings. including the garage. shall include natural appeani~g quality materials and distinctive architectural detailing including, but not limited to. stucco. stone, or brick on the side oriented to the street. - The site design shall de-emphasis garages. As such. at least 64 dwellings or 19% of the lots shall access garages from public alleys. with the primary front ent=ra_nce from the ublic street. as shown on the approved preliminary plat. - wellings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim. sills easings mullions shutters popouts and/or other architect_u_ ral details around windows. entrance doors. sliding glass doors. and garage doors. - ch dwelling shall have a usable covered front porch. balcony and/or courtyard. ecessed entries shall have extended porches. covered entryways. and/or courtyards to at least the front plane of the house. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 - Provide variety in design and avoid monotony by varvin~ structure tvnec anti elevations. Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed single-family development. Please see Comprehensive Plan Policies and Goals, Section 8 and Exhibit D for more details and analysis of the required facts and findings for annexation. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the draft Ten Mile Interchange Specific Area Plan and the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: Access to this site will be provided from both Franklin Road and Black Cat Road. Except for the proposed and approved public streets that interest Franklin Road and Black Cat Road, direct lot access to Black Cat Road and Franklin Road should be prohibited. The Applicant should place a note indicating the access restrictions on the final plat. S. Glen Canyon Avenue: The existing and proposed Comprehensive Plan Map for the area calls for a collector at approximately the %-mile mark between Black Cat Road and Ten Mile Road on Franklin Road. The Applicant is proposing to construct S. Glen Canyon Avenue as a north-south residential collector street. This public, residential collector is located closer to the % mile than the'/z mile. However, Staff believes that it will still function as envisioned within the Comprehensive Plan by providing for more efficient traffic movement from neighborhoods to the arterial system. The proposed collector also complies with the transportation plan as developed during the Ten Mile Charette. The Applicant proposes constructing a split street section with landscaping islands within 84 feet of right-of--way which will run the fi111 length of S. Glen Canyon Avenue. Staff is supportive of the design and location of Glen Canyon Avenue. Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. Unimproved Right-of-Way: UDC 11-3B-7C-5 requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Franklin and Black Cat Roads abutting this site meet the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the Applicant should construct a 10-foot wide gravel shoulder on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. Design Guidelines: At the public hearing for Baraya Subdivision on January 4, 2007, Staff encouraged the Applicant to provide residential product types which meet design standards applicable to the Ten Mile Interchange Specific Area Plan, and also provide Staff with sample elevations. On January 11, 2007, Planning Staff supplied the Applicant with a silmma_ri~ed listing of Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 15 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 said standazds. The Applicant has stated the renderings of housing products will be available to Staff and the Commission at the time of the hearing. The standazds aze as follows: • Provide a variety of housing types. • Provide variety in design and avoid monotony. Modulate facades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. • Construct products with quality exteriors to include natural appearing materials and acchitectural detailing including but not limited to stucco stone and brick • Use architectural elements to define entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. • Incorporate usable front porches where they can be integrated with design. • De-emphasize garages. Provide alley- or side-load products. Design pazking to be in the reaz with products fronting landscaping azeas and streets. • Provide for pedestrian connectivity. • Develop guidelines for the future owners of the multi-family property. Because the Applicant has not provided Staff with sample elevations as of print deadline of this report, Planning Staff recommends that the Commission and Council rely on the public testimony and exhibits that may be provided at the public hearing when determining if the Applicant's proposal meets the aforementioned design standards. All exhibits provided at the public hearing will be considered part of the Development Agreement, if approved. The Applicant shall comply with these elevations and aforementioned design standazds until such time that the Ten Mile Interchange Specific Area Plan design guidelines and/or standazds are adopted by Council. Once adopted by Council, all construction within Baraya shall be consistent with the Ten Mile Interchange Specific Area Plan design standazds and/or guidelines. Common Driveways: Two common driveways, one currently proposed by the Applicant and one required by Staff in this report, will be constructed within this development. Because they do not have enough frontage for individual driveways, Lots 62 & 63, Block 6 and Lots 64 & 65, Block 6, should take access from common driveways. Currently, Lot 64, Block 6, does not meet the minimum street frontage requirement of 15 feet for a shazed driveway and must be adjusted accordingly. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-caz gazage and a 20' x 20' pazking pad on the lot. The asphalt/concrete for the common driveway should not count towazds the required pazking pad azea. Comply with all common driveway provisions listed in UDC 11-6C- 3D. Sidewalks: The Applicant is proposing to construct 4-foot wide detached sidewalks with 8-foot wide pazkways along W. Sunrise Point Street. S. Glen Canyon Avenue, a collector roadway, will be required to provide 5-foot wide sidewalks. All other sidewalks within the development should also be, at minimum, 5 feet in width. Fencing: The Applicant proposes to construct 6-foot tall vinyl fencing azound the perimeter of the development. The Applicant also proposes constructing wrought iron fencing along the micropathways and internal open spaces. The Applicant further proposes constructing chain-link and/or wrought iron fencing along the Purdam Drain. Staff is supportive of the proposed fencing for this development (see comments from the Police Department below). Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 16 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 UDC 11-3A-7A7 requires the developer to construct fencing adjacent to micropathways to distinguish common from private areas. All fencing adjacent to micropathways and internal common lots should be restricted to either 4-foot tall solid fencing or 6-foot tall open-vision fencing. Open-vision fencing should be installed along the Purdam Drain, as proposed. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micropathway / multi-use pathway fencing shall be designed according to UDC 11-3A-7. The Meridian Police Department requests that solely open vision fencing be provided on both sides of the proposed pathway at the south property line. Multi-Use Pathway: The Applicant is proposing to construct the multi-use pathway as depicted on the Future Land Use Map along the south and west sides of the 1'urdam Drain. The Applicant proposes to construct the pathway 10-feet wide. Staff is supportive of the proposal to construct the multi-use pathway. However, as shown on the landscape plan, the pathway does not connect (stub) to the property to the west. Staff recommends that the multi-use pathway be constructed from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. UDC 11-3B-12 requires 5-foot wide landscape buffers along pathways. The submitted landscape plan depicts only a couple of feet of sod on both sides of the pathway with no trees proposed. The Applicant should be required to construct a 5-foot wide landscape buffer (including trees) along the south and west side of the multi-use pathway. Micropathways: The Applicant is proposing to construct several micropathways within the development. Staff is supportive of the pedestrian connections between the different subdivision blocks and to/from the sidewalks and multi-use pathway. All micropaths shall be constructed at least 5 feet wide, with trees and 5 feet of landscaping on each side of the path (UDC 11-3B-12). Open Space /Amenities: UDC 11-3G-3A-1 requires at least 5% of the total land area of a single- family development to be set aside for common open space. Further, UDC 11-3G-3A-2 requires one additional site amenity for each additional twenty acres of land area. The Applicant states that 13.01 acres (16%) is being set aside for useable open space. Further, the Applicant is providing several other amenities including pathways, two community parks, a pool with a changing area, and a couple of tot lots. Staff is supportive of the proposed amenities. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Staff has concerns about the pedestrian access to the park on Lot 1, Block 12. Specifically, pedestrians trying to get to the park from the north will have to cross Snow Canyon Drive. To facilitate pedestrian movement to/from the park area, the Applicant should construct crosswalks and signage, as allowed by ACRD, at the intersections of West Snow Canyon Drive and South Sunset Point Way and South Sunset Point Court. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, dated 1/22/2007. The plan shall demonstrate compliance with the following standards: A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 17 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 and Franklin Road, exclusive of ACRD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained within common lots 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 (LTDC 11-3G-3B-5). Landscaping adjacent to the micropathway must comply with UDC standards. 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. 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 Baraya Homeowners Association. Tree Mitigation: 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 are removed. The Applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. Ditches, Laterals, and Canals: The Marvin Lateral and the Purdam Drain, along with other smaller facilities, traverse this site. Historically, the City has not required that the Purdam Drain be piped (as it is a natural waterway). Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled. Staff recommends that, exclusive of the Purdam Drain, all irrigation ditches, laterals and canals that intersect, cross, or lie adjacent to this site be tiled (UDC 11-3A-6A). Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Public Works: The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench /seepage bed and a building foundation. Specifically, the location of the seepage beds near the alley loaded products will render the standard 10-foot street side setback to the living area to be 20 feet. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-061 and PP-06-062 generally conform to the Comprehensive Plan policies, the proposed Ten Mile Interchange Specific Area Plan, and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B, if the Commission believes the building elevations provided by the Applicant at the public hearing meet the Ten Mile Interchange Specific Area Plan design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoning Commission heard these items on January 4 2007 and March 1, 2007. At the March 1st hearing the Commission moved to recommend approval to the City Council. The Meridian City Co ~nc'1 heard thic_item nn enra z_ ~nn~_ s±±Hp Anril .. rd ... - .- - - - - - - __-__ - - - Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 18 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• ATE OF JUNE 19, 2007 11. E~~ITS A. Drawings 1. Vicinity Map 2 Preliminary Plat (Dated January 12, 2007) 3. Landscape Plan (Dated January 22, 2007) 4. Lot Mixture 5. Draft Ten Mile Interchange Specific Area Plan 6. Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay 7. Proposed Buildine Elevations B. Agency and Departments Conditions/Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District ~4F~} 8. Central District Health Department 9. Nampa & Meridian Irrigation District C. Legal Descriptions D. Required Findings from Unified Development Code Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 A. Drawings 1. Vicinity Map Exhibit A ~ M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 2. Preliminary Plat (dated January 12, 200'n v1 ~ ~ITf~ g'am' ~'~ rrr~----,,,~,___ i~~ 9 41 ~i m e o e ~ '®f a i ® e e 0 ~ o ® i ® • o ; e o a I I e~ g ® p 6 E I 9 ® e 6 ~--- Q ~ti '~-' 9` ~ ° e e e l ® a 4 l o a e ~ . Y • e e I ® i 0 ® • ~ e o 0 o e $~~~ gMM I --- I ~ ~ ."9 ~ NEs~ ~dS. et~ {6 `~Qg C o Y ~ 3 o' ,~ r.wm.: T / . I i, fF D ~ ~ fF ' ~~ -~! ~ ~ a :` ~ ~ ~` .'~~ I i ~ it i U, .~ o~ I a a' i~~~~969~~s = ~Il~~III ~I,~~~i •....®..tye p 1t 11 ~sa a ea 11lI B~~aiaB9! . 00 M '7 ~ ~!~ ! ~s ~ ii999 f0t ~9 . e....~....... ! !! i s I ~~,ee !! I ~ ~ ~II~~I~~ i~ ~t {ii yy o-^ ~f 64 ~f ~SIf1~~~'~~/ `~ F ` / 1 I f z Ifi I ~ li I ie ~r /~II I I I{ ~I I ~ ~I ~'~.. r ~ _; I a ~,~ ' 0 ~d 9 ~°~,i 9! `s ~ i Z ~"~ j ~ f c?~ ~ •~ \ ,k ~ s 0 iB~ '' ,~. t~8°'~ `' A 'n~ eet~~P R t L ~ . ,f ~~ n-t A ____ ~ E ~ A.~ 5 5 r ~~ ~' ~~. 1~ ?~;~ ~ . 2 ~ ; ~~. S ~ ~~. S ~`~: ~~: t. 6 6 .?. !° Exhibit A ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ~_ . ~~ m a -,~ = Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3. Landscape Plan (dated January 22, 200' ~ T ~ g ". H 6 to ~ ~ ~ ,I~ •+ ~ y N ggjyggjy~gyg I _ ~® 7 ??~xp5 ~ 1 &~ . .,~, 4 ~~ r ~~ ~ ~ r.s e ~ ~~ y ~-ae~v~ti''~ a ~~ ~~ ~~ ~~~ uegs A~~ 0 ~ ~: ~ ~g • .i Fa Pad g~1'~ g~ ~: B ~~ ~H~i ~ ~. f ~ gg ,t y r"~~~'~~f~~E~i9~~~ ~~ J ~~@ 9~ ~~~~ ~~ ~'~ $; ~~~ ~61l~8E~Eiit~t (1` I~ ~~ ~~ ~~ j ~s~e~ ~ ~~ ~~ ~~ ~ ~ a ~~ ~i I ~ -i ~ Ge.;i ~` ~ `a~Y ~~ ~~~ ~~~ ~~ ~ e~~ -- - ~., i ,.~ . ,' ~~~~ °~~ i@ a ~~~ $ 8 f~ 9 ~0 O B d Z d 0 d 0 rs Q m a d ~c m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 4. Lot Mixture FFiAR~KLIN ROAD r a U Y j i TOWNHOMES LOTS ZONE R40 © 40' LOTS 50' LOTS 60' LOTS ALLEY LOADED LOTS COMMON AREA Z~fING LINE Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 Exhibit A 5. Draft Ten Mile Interchange Specific Area Plan ~ ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 6 Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 7. Proposed Building Elevations ~~' .~ ~, ~~ , r ~j ~y~~ >_ . ~, ~~ ~ ,_ '~ =- _ r., _~ ~__ aT - _...._..~..:.---- --, ~ ,_ i Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 r , c ~?! Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 ,y ~1-t1,.._. ., - _ , f ~ j ~ fy ~~?~~ ~. ,m - - I ---~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 Flew elevation provided by Applicant. Marginally supported by Staff. Living area should be brought forward. Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Staff supports this. Exhibit A ~~ ~ I a ~ -~ ~ Not supported by Staff. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Staff supports this product. Good mix of materials - still garage dominated, though. Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 B. Agency and Departments Comments /Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated January 17, 2007, and prepared by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 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. 1.1.4 All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 1.1.5 The Applicant will be responsible for all costs associated with the sewer and water service extension. 1.1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.1.7 Each fmal plat shall substantially comply with the approved preliminary plat such that a minimum of ~ 334 single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (50) dwellings maybe constructed until a secondary access is provided to the subject development. 1.1.8 The Applicant shall provide amulti-family development within the R-40 zoning district which meets or exceeds a residential density of 16 d.u.'s/acre. 1.1.9 Development of the multi-family portion shall be subiect to the Conditional Use Permit (CUP rocess. If the Ten Mile S ecific Area desi idelines are in force at the time of develo meat then development of the multi-familyportion shall be consistent with said guidelines Otherwise the owner /developer shall provide design guidelines for said multi-family portion at the time of procurement of a CUP. 1.1.10 , .The Applicant is to comply with the approved elevations and design standards as outlined in the staff report as well ac any adrlitinnal etanrlarrle Petal~liehPrl with the Ten Mile Interchanee Specific Area Plan This shall also be a provision inc__lud_e_d_ wi_t_h;n the Development Aereement for the site 1.1.11 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.1.12 The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads correspondine with the related phase, prior to occupancy of dwelling units. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled Sheets PP-1, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is approved, with the conditions listed herein. The development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06- 062). 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Direct lot access to Black Cat Road and Franklin Road shall be prohibited; place a note on the final plat. 1.2.4 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed around the cul-de-sacs. Modify all applicable roads / cul-de- sacs to reflect this requirement, if necessary. 1.2.5 Provide one stub street to Assessor's Parcel Number S 1215110055 to the east, two stub streets to Assessor's Parcel Number 51215131760 to the south, one stub street to Assessor's Parcel Number S1215427800 to the south, and one stub street to Assessor's Parcel S1215223100 to the west, as depicted on the preliminary plat. 1.2.6 Construct 10-foot wide gravel shoulders on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 1.2.7 The Applicant shall construct crosswalks and signage, as allowed by ACHD, at the intersections of West Snow Canyon Drive and South Sunset Point Way and at the West Snow Canyon Drive and South Sunset Point Court. 1.2.8 Lots 62 & 63, Block 6; and Lots 64 & 65, Block 6, shall take access from common driveways. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway ea~ment or property lines, whichever is more restrictive. 1.2.9 Street frontage for Lot 64, Block 6, does not currently meet the minimum requirement of 15 feet for a shared driveway; revise the plat accordingly. 1.2.10 Provide a bike lane on S. Glen Canyon Avenue. 1.2.11 The multi-use pathway along the Purdam Drain shall be constructed from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. 1.2.12 South Fritts Way shall be renamed to either South Fritts Avenue or South Fritts Road. 1.2.13 Provide 13.01 acres (16% of the site) for useable landscaped open space, as proposed. 1.2.14 The landscape plan prepared by Jensen Belts Associates, dated January 22, 2007, is approved with the following modifications /notes: A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road and Franklin Road, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained within common lots. 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. Parkway areas without trees shall not count towards the open space requirement. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 • Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 squaze feet of common open space should be planted, and common azeas should be improved with lawn, either seed or sod. • The UDC requires, at minimum, 5-foot wide landscaping strips on both sides of all micropathways and on one side of multi-use pathways. Additionally, trees should be planted along all paths at a rate of 1 tree per ever 351ineaz feet. • The Applicant shall provide open vision fencing only along [both sides ofJ the proposed pathway at the south property line. • Excepting the aforementioned requirement, all fencing constructed on site shall be in accordance with that depicted on the landscape plan. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways and common azeas 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 azeas within the landscape plan to reflect this requirement. • All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. • 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. • The Meridian Planning Department requires a written certificate of completion to be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 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). 1.2.15 All buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. 1.2.16 Maintenance of all common azeas shall be the responsibility of the Baraya Subdivision Homeowners Association. 1.1.17 The Applicant shall provide an east-west collector connecting with the nnrth_en„th rnllr rtnr fc Glen Canyon Avenuel to be at southeast corner of the subiect rnonertv_ with c„bm;ttal fnr rtha associatedl Final Plat 1.3 GENERAL REQUIREMENTS-PRELIlVIINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Black Cat and Franklin Roads 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 standazds shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized imgation systems be supplied by a yeaz-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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road, and lateral mains off of the Black Cat Trunk which is being currently installed on this site. The Applicant shall install 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 No manholes or water valves shall be allowed within the proposed landscape islands. If mains are routed under them they shall be sleeved per City of Meridian Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Franklin Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to install a pressure reducing vault in a location coordinated with the Public Works Department. The location shall be generally west of the western most connection to W. Franklin Road. 2.5 The Applicant shall be responsible to install a flushing station in a location coordinated with the Public Works Department (it should be near the Purdam Drain). All applicable permits with the receiving body for this facility shall be acquired by the Public Works Department. 2.6 The Applicant shall be required to extend a 12-inch water main down Glen Canyon Avenue as part of the City of Meridian's to and through policy. 2.7 The Applicant shall be required to install 12-inch water main down S. Black Cat Road as depicted on the preliminary plat. This is needed to ensure adequate fire flows for this development. 2.8 Per Meridian City Code 9-4-8, the Applicant shall be responsible to install sewer main in W. Capitol Reef Drive. 2.9 Per Meridian City Code 9-1-26, the Applicant shall install water main in W. Capitol Reef Drive, Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 and W. Snow Canyon Drive. 2.10 Plat note #2 states that a 4-foot wide Public Utilities, Drainage and Irrigation easement will be dedicated along interior lot lines. This shall be changed to 5-feet. 2.11 With the final plat, the Applicant shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along interior lot lines not being spanned by an attached unit. 2.12 The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench and a building foundation. 2.13 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. 2.14 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). 2.15 The Applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LTDC 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. 2.17 All existing structures spanning lot lines or not meeting dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.18 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. 2.19 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. 2.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.21 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. 2.22 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. 2.23 All development improvements, including but not limited to sewer, fencing, micropaths, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.24 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. 2.25 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. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.28 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. 2.29 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. 2.30 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. 2.31 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 SITE SPECIFIC COMMENTS 3.1.1 The pathway proposed along the south property boundary shall accommodate the Fire Department's load bearing requirements. 3.1.2 This project will require a 20' wide swing or rolling emergency access gate at the entrance to the ditch access road. Said access gate shall be located a distance of 30 feet from Franklin Road. The gate shall be equipped with a ICnoxbox Padlock which shall be ordered thru the Meridian Fire Department. 3.1.3 No parking shall be allowed on either side of S. Glen Canyon Avenue. 3.1.4 No parking shall be allowed around or near the proposed roundabout. 3.1.5 No parking shall be allowed on either side of S. Fritts Way from Franklin Road to W. Sunrise Point Street. 3.1.6 No parking shall be allowed along the alleys. All parking shall be restricted to garages or on the required parking pads. Sign and stripe accordingly to indicate the alleys are considered fire lanes. 3.2 GENERAL COMMENTS Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3.2.1 One and two family dwellings not exceeding 3,600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2.2 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. 3.2.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 3.2.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may required a temporary approved turnaround on streets greater than 150' in length with no outlet. 3.2.5 All entrance, internal roads, and alleys shall have a turning radius of 28 feet inside and 48 feet outside. 3.2.6 All common driveways shall be straight or have a turning radius of 28 feet inside and 48 feet outside, shall have a clear driving surface which is 20 feet wide, and be capable of supporting an imposed load of 75,000 GVW. 3.2.7 For all Fire Lanes provide signage "No Parking Fire Lane." 3.2.8 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. 3.2.9 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 %2 the diagonal measurement of the full development. 3.2.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.2.11 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 parldng. 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. 3.2.12 The attached residential units within the proposed development will require afire-flow consistent with the International Fire Code to service said units. Fire hydrants shall be placed per Appendiz D. 3.2.13 The proposed 334 building lots within the R-15 zoning designation, with an estimated 2.9 residents per household, would have a total estimated population of 969 residents at build out. The number of residents at build out is unknown at this time for the two proposed multifamily lots. 3.2.14 The Meridian 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3.2.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.2.16 A portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.2.17 The entrance to the alleys from the public streets shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside fuming radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 4. Police Department 4.1 The proposed development /plat does not offer natural surveillance opportunities of the public areas, including the tot lot. 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. If necessary, the site plan and/or landscaping plan shall be revised in accord with said discussion. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic, especially along Snow Canyon Drive, S. Iceberg Lake Way, and S. Sunset Point Way. The Applicant shall provide 4-way stops at the intersections of W. Snow Canyon Drive and S. Iceberg Lake Way, W. Snow Canyon Drive and S. Echo Canyon Avenue, and W. Snow Canyon Drive and S. Riggs Spring Avenue. The Applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on the internal. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.4 The Applicant shall supply only open vision fencing along both sides of the pathway at the south property line. 4.5 Provide adequate lighting adjacent to pathways, within parks, and within parking lots. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathways and/or trails shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 The 10-foot wide regional pathway shall be constructed to intersect with Franklin Road. 5.4 The parkways shall comply with the City of Meridian's Unified Development Code. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 6. Sanitary Services Company 6.1 SSC will not provide trash pick-up services for properties utilizing common driveways. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Trash collection for all residences need to be from a local street, not from a collector or arterial. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys, where they intersect a public street. 6.4 The Applicant shall provide a 35-foot concrete apron at all entrances to alleys. 7. Ada County Highway District 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct a 5-foot detached sidewalk a minimum of 41 feet from the centerline of Franklin Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7 1 2 Construct separate left-turn bays right-turn lanes and right turn tapers for both site approaches on Franklin Road. 7.1.3 Dedicate a total of 48 feet ofright-of--way from the centerline of Black Cat Road abutting the site Construct a 5-foot detached sidewalk a minimum of 41 feet from the centerline of Black Cat Road. Provide an easement for segment of the sidewalk located outside of the right-of-wad 7.1.4 Construct a separate left-turn bay and ri t-turn taper on Black Cat Road at the site approach 7.1.5 Construct S. Glen Canyon Avenue as a 46-foot street section with vertical curb gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70 feet of right-of-waY 7.1.6 Remove the proposed center landscape island on S Glen Canyon Avenue near its intersection with Franklin Road. 7.1.7 Provide the District with a road trust for one-half the cost of the signal at the intersection of Franklin Road and S. Glen Canyon Avenue. 7.1.8 Remove the proposed center landscape island on S Glen Canyon Avenue near its intersection with Franklin Road. 7.1.9 Provide a 21-foot street section on both sides of the center landscape islands on S Glen Canyon Avenue. 7.1.10 Construct the first 200 feet of S. Fritts Way with a 21-foot street section on both sides of the center landscape island. Construct the rest of S. Fritts Way as a 36-foot street section with curb Qutter, and 5-foot attached concrete sidew as pro op Sed 7.1.11 Construct Sunrise Point Court as a 36-foot street section with curb gutter and 5-foot concrete sidewalk within 50 feet of ri t-of-wad 7.1.12 Construct W. Snow Canyon Drive as a 46-foot street section with vertical curb gutter and 5-foot detached (or 7-foot attached concrete sidewalk within 70 feet of ri t-of-wad 7.1.13 Construct W. Capital Reef Drive as a residential collector roadway as a 36-foot street section with curb, gutter, and 5-foot wide concrete sidewalks within 50 feet of ri t-of-way Parking will be restricted on this roadway. Coordinate the location of "NO PARKING" signage with District Traffic Services Staff. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 7.1.14 Construct all internal local roadways as 36-foot street sections with rolled curb Q,utter and 5-foot attached sidewalk, as posed. 7.1.15 Construct a traffic circle at the intersection of S. Glen Canyon Drive and W Snow Canyon Drive as proposed. Coordinate the location and design of the traffic circle with District Traffic Services Staff. 7.1.16 Construct a traffic circle at the three-way intersection of W. Snow Canyon Drive and S Sunset Point Court. Coordinate the location and design of the traffic circleabout with District Traffic Services Staff. 7.1.17 Construct the following stub streets, as proposed. Install a sign at the terminus of each stub streets stating, "THIS ROAD WILL BE EXTENTED IN THE FUTURE." • Stub street to the east, W. Snow Canyon Drive, located ap proximately 610 feet (measured rp operty line to centerline) south of the north rp op crty line. • Stub street to the south. S. Glen Canyon Avenue, located ap proximately 480 feet (measured property line to centerline) west of the east pro~_ line. • Stub street to the south, S. Echo Canyon Avenue, located ap proximately 900 feet (measured ~ro~erty line to centerline) west of the east ~1?e .line. • Stub street to the south. S. Sunset Point Court, located approximately 1 420 feet (measured property line to centerline) west of the east rp oper ty line. • Stub street to the southeast, W. Capitol Reef Drive, located ap proximately 200 feet (measured ~ro~erty line to centerline) north of the south prop erty line. • Stub street to the west, W. Jagged Rock Drive, located app roximately 460 feet (measured ~ro~crty line to centerline) south of the north ~rop ert_y line. • Stub street to the north, located approximately 690 feet (measuredproperty line to centerline east of the west property line. Provide design and cost estimates to District Staff for the construction of the north stub street and canal crossing. Road trust for the construction of one-half of the canal crossing and curb gutter, and sidewalk on the south side of the crossing. Coordinate with Development Review Staff in regazds to the design of the crossing, 7.1.18 Construct a roadway to intersect Black Cat Road, W. Capital Reed Drive, located approximate) 100 feet south of the north property line. 7.1.19 Construct a roadway to intersect Franklin Road. S Fritts Wav located approximately 130 feet east of the west property line. 7.1.20 Construct a roadway to intersect Franklin Road S Glen Canyon Avenue located approximately 220 feet west of the east property line. 7.1.21 Submit bridge plans for the crossing of the Martin Lateral (W. Captial Reef Drive and S Fritts Wav) and for the crossing of the Purdam Drain (W. Snow Canyon Drive) for review and approval prior to the pre-construction meeting and plat approval. 7.1.22 Construct three 20-foot straight public alleys, as pro osed. 7.1.23 Other than the access specifically approved with this application, direct lot access is prohibited to Black Cat Road and Franklin Road, and shall be noted on the final plat 7.1.24 Comply with all Standard Conditions of Ap royal. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 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. 7.2.6 Comply with the District's Tree Planter Width Interim Policy. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact 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. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 19, 2007 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 laterals course through this proposed project. These easements 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 C. Legal Descriptions IQAHO lase Eascwarsrrewer sL s~ tso SURVEY M~d~an.la~ s3~ GROUP Phone (zOSj 84f,,-8570 Fax (20$j $84-5399 Project No. OS-256 Uctober 6, 2005 Sara~*a Subdivtslan Anne~tiala Deacs'iption The N1v ld4 of the NW ld4 and the NW 114 ofthe NE ld4 of Section 15, T,3N., R I W., B.M., Ada, County, Idaho, and a portion of the West 1!2 of file NW Id4 of seed Section IS, more particularly described as follows: BEGINNING ai the Id4 comer coon to Section 14 ~d the said Section 15, from ~!hich the Northeast corner of said Sectioa IS bears South 89°15'27"Last, 264D 73 feet; Thence South ii9°IS'27" Fa4t,1320.3{ feet to the Fast 1/I6 corner common to Section 10 and the said Section I5; Thence along the East line of the NW ld4 of the NB ld4 South 00°27'13" West, 1329.09 fleet to the NE 1d16 comer, Thence North 89°1S'04" West, 1317.75 fed to the C-N U16 comer, Thence continuing North 89°15'()4" West, 1324.68 feet to the NW IBIS corner; Thence along the East line +nf the West 112 of ~e NW 114 South 00°47'ZS"'West, 32$.56 feet Thence, North 7S°42'49" WesE,1180.91 feet; Thence North 130°43'0" Lust, 263.81 feet {record 263.SO.fcet)P Thence North 89°i6'S7" West, 176.25 feet.to a pai$t on the West line of said Section 15; Thence along said line North 00°43'03" Pasts 299.6S feet (record 300.OQ feet}; Thence along the center of an irrigation ditch South 7S°59'37" Fast, 624.$Q feel (record 625.04 feet); 'Thence South 76°12'Ot]" East, 734.88 feet (record 732.82 feet) to a point on the East line of the NW 1d4 of the N1N 1 d4 of said Section 1 S; professional Land Surveyors Exhibit C i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence along said line Aiorth OQ°31'51"East,1126.7b feet to the'~Vest lllfi coi~ICr Gammon th Section I t7 avid the said Section 1 S, Thence Souih 89° 15' 34"East,1.324.28 feet hi the Point of Beginning. ~ontaisting 95.5 ;~ acres, more cIr less. Prepared ~}~: Naha Survey Graup, i~*.~. ,,c . ~ ~ ~. T~Peu~„ Pty ~~A~ NUVD~~ ~vd.F.~iID6AeN F'il'I.i~=• Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1 DA H O 1450 East Watertrnrer St Suite I50 SURVEY itieriai~,.ia~ a36a2 GROUP Pnone ~) e~-a5~o Fax (208) ~4,-5349 PrOJect NO.06-177 January 17, 2007 Baraya R-8 Zone A parcel of land located in the NE 1/4 of the NW 1/4, and the NW 1/4 of the NE 1/4 of Section 15, T.3N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINI~TIIVG at the North 1/4 comer Af said Section .15, from which the Northeast corner of said Section bears South 89°15'2T' East, 2640.73 feet; Thence along the North line of said NE 1/4 of the NW 1/4 North 89°15'34" West, 1190.28 feet; Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence 156.71 feet along the arc of a curve to the left, having a radius of l OQ.QO feet, a central angle of 89°47'25", and a long chord bearing South 44°21'52" East, 141.16 feet; Thence South 89°15'34" East, 494.25 feet; Thence 51.97 feet along the arc of a curve to the left, having a radius of 100.00 feet, a central angle of 29°46'33", and a long chord bearing North 75°51'09" East, 51.39 feet; Thence North 60°57'53".East, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°57'53" East, 45.1.21 feet; Thence 64.97 feet along the arc of a curve to the right, having a radius of 125.00 feet, a central angle of 29°46'40", and a long chord bearing North 75°51'13" East, 64.24 feet; Thence South 89° 15'27" East, 289.25 feet; Thence North 00°27' 13" East, 399.50 feet; Professional Land Surveyors Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence 46.54 Beet along the arc of a curve to the right, having a radius of 100.00 feet, a central angle of 26°39'52", ~d a long chord beating North 13°47'09" East, 46.12 feet; Thence North 00°44'33" East, 258.57 feet to apoi><rt on the North line of said Section 15; Thence North 89°15'27" BVest, 383.29 feet to the Point of Beginning. Contemning 28.17 acres, more or less. Prepared By: Idaho Survey Group, P.C. ~~ .Q 441 ®'''~ of wad v ~~' D. Terry Peugh, PLS REVIE A VAL BY N ~a~'n.8 ,~ - ,. ~J ~a~,~- {OgERIDIAN PU6UC WORKS DEPT• Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 IDAHO i45o ~cwater~,~ st s~ iso SURVEY M~a~-,> i~ s364z GROUP Phone (zae) 846-8570 Fax (zQ8) ~4-5399 Project No. 06-177 January 16, 2007 Baraya R 15 Zone Portions of the NE 1/4 of the NW 1/4, the NW 1/4 of the NE 1/4, and the West 1/2 ofthe NW 1!4 of Section 1S, T.3N., R1W., B.M., Ada. County, Idaho, more .particularly described as follows: Commencing at the 1/4 comer common to Section 10 and the said Section 15, from which the Northeast comer of said Section 1 S bears South 89°1S'2T' East, 2640.73 feet; Thence South 89°1S'2T' East, 1090.49 feet to the REAL .POINT OF BEGINNING. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a cuYVe to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°28'ST' West, 158.74 feet; Thence South 40°13'22" West, 262.47 feet; Thence 163.11 feet along the arc of a curve to the left, having a radius of 235.00 feet, a central angle of 39°46'09", and a long chord bearing South 20°20'1T' West, 159.86 feet; Thence South 00°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 ofthe NE 1/4; Thence North 89°15'04" West, 810.74 feet to the C-N 1/16 corner, Thence continuing North 89°1S'04" West, 1324.68 feet to the NW 1/16 corner, Thence along the East line of the West 1/2 of the NW 1/4 South 00°47'2S" West, 328.56 feet Thence North 7S°42'49" West, 1180.91 feet; Thence North 00°43'03" East, 263.81 feet (record 263.50 feet); Thence North 89°16'ST' West, 176.25 feet to a point on the West line of said Section 15; Thence along said line North 00°43'03" East, 299.65 feet (record 300.00 feet); Page 1 of 3 Professional Land Surveyors Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence along the center of an irrigation ditch South 75°59'37" East, 624.88 feet (record 625.04 feet); Thence South 76°12'00" East, 734.88 feet (record 732.82 feet) to a point on the East line of the NW 1/4 of the NW 1/4 of said Section 15; Thence along said line North 00°31'51"East, 1126.76 feet to the West 1/16 corner common to Section 10 and the said Section 15; Thence along the ATorth line of said Section 15 South 89°15'34" East, 130.00 feet; Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence 156.71 feet along the arc of a curve to the left, having a radius of 100.00 feet, a central angle of 89°47'25", and a long chord bearing South 44°21'52" East, 141.16 feet; Thence South 89°15'34" East, 494.25 feet; Thence 51.97 feet along the arc of a cun-e to the le$, having a radius of 100.Q0 feet, a central angle of 29°46'33", and a long chord bearing North 75°51'09" East, 51.39 feet; Thence North 60°57'53" East, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°57'53",East, 451.21 feet; Thence 64.97 feet along the arc of a curve to the right, having a radius of 125.00 feet, a central angle of 29°46'40' ; and a long chord bearing North 75°51' 13"East, 64.24 feet; Thence South 89°15'27" East, 289.25 feet; Thence North 00°27' i3" East, 399.50 feet; Thence 46.54 feet along the arc of a curve to the right, having a radius of 100.00 feet, a central angle of 26°39'52", and a long chord bearing North 13°47'09" East, 46.12 feet; Page2of3 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Thence North 00°44'33" East, 258.57 feet to a point on the North line of said Section 15; Thence South 89°15'34" East, 707.20 feet to the Point of Beginning. Containing 54.13 acres, more or less. Prepared By: Idaho Survey Group, P.C. D. Terry Peugh, PLS REVI ROVAI. 8Y "° t'0 MERIDIA CP~~L~G ydORKS DEpT~ Page 3 of 3 Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1 DAH O 1450 East Waternavver St Suhe 150 SURVEY Meridian. Idaho 83642 GROUP Phone (20>~ 846-6570 Fax (208) 884-5399 f`roject No. ~-177 January 17, 2007 Bairaya R-40 Zoae A parcel of land located in the NW 1/4 of the NE 1/4 of Section 15, T.3N., R 1 W., B.M., Ada County, Idaho, more particularly descn~ as follows: Commencing at the North 1/4 comer of said Section 15, from which the Northeast corner of said Section bears South 89°15'2T' East, 2640.73 feet; Thence South 89°15'2T' F.ast,1090.49 feet to the REAL POINT OF BEGINNING. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°28'ST' West, 158.74 feat; Thence South 40°13'22" West, 262.47 feet; Thence Ib3.11 feet along the arc of a curve to the left, having a radius of 235.00 feet, a central angle of 39°46'09", and a long chord bearing South 20°20' 1 T' West, 159.86 feet; Thence South 00°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 of the NE 1/4; Thence South 89°15'04" East, 507.01 feet to the NE 1116 corner, Thence North QO°27' 13" East, 1329A9 feet to the West 1/16 comer common to Section 10 and the said Section 15; Thence North 89°15'2T' West, 229.87 feet to the Point of Beginning. Containing 13.26 acres, more or less. ~~ By: Idaho Survey Grou~P.C. ~it~EViE - P to I ~A~ ~~r ~ 4 ~ 3 ~pd~~?" ~,, ~-17~ MERiD1AN PueuL O, ~~ OF t' WORKS DEPT. Professional Land ~'u~~ey~'rsP~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 n~ 6~~ A~~ ~' ~y Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property to R-8 (Medium Density Residential), R-15 (Medium High-Density Residential) and R-40 (High Density Residential). The 2002 Future Land Use Map currently designates this property as "Medium Density Residential" and "Mixed Use -Regional." The Council finds that the requested zoning of R- 15 and R-40 to be generally consistent with said Comprehensive Plan designations. The proposed Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Plan, Medium Density Residential areas should range between 3 - 8 units per acre. Additionally, Medium High Density Residential areas should have a range of 8 -15 units per acre. The Council believes the mixed zoning designation of R-8, R-15, and R-40 for this site is appropriate; R-8 for detached single-family units, R-15 for attached townhouses and other single-family units, and R-40 for multi-family development. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. Therefore, the Council finds that the requested zoning of R-8, R-15, and R-40, and overall gross density of 5.48 dwelling units per acre for the proposed subdivision to be generally consistent with both the current Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan, which, if adopted, will amend the current Future Land Use Map designations for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis -Annexation Analysis, Section 10, of this Staff Report. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that, if approved, the proposed map amendment will not be detrimental to the public health, safety or welfare. Staff and the Commission recommend the 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 does not believe that the proposed zoning amendment will result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council finds that all essential services are available or will be provided by the developer Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the 2002 Future Land Use Map and the City's Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan. Therefore, the Council finds that Annexation and Zoning of this property would be 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 Plan; if the Applicant complies with the conditions in Exhibit B of the Staff Report, the Council finds that the plat will be in conformance with the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10, 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 are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Finding Items c and d above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff and the Commission are not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend the 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 are unaware. f. The development preserves significant natural, scenic or historic features. The Purdam Drain bisects this property. The Council finds that the Purdam Drain is a waterway which should be preserved during development of this site. Staff and the Commission are unaware of any other natural, scenic, or historic features on this site. Therefore, 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 are unaware. If the Purdam Drain is preserved, 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. Exhibit D July b, 2007 MERIDIAN CITY COUNCIL MEETING • PFP 07-002 July 10, 2007 APPLICANT Doug Tamura ITEM NO. S-D REQUEST Findings for Approval -Request for a Combined Prelimianry /Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2 to create two new lots for Devon Park North - 1960 North Lakes Place AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: , meetings shall become properly of the %L~-~~}-l5 I Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~ f -t ~2~~' t e IFS ~;yF ~~ Y ~~ _^+~ :~ ~~ '~'1~,~' ,~ G ,~.wa ~' -- - In the Matter of Preliminary /Final Plat approval of two (2) lots in an ezisting R-15 zone, for Devon Park North by Doug Tamura Case No(s). PFP-07-002 For the City Council Hearing Date of: June 26, 2007 Findings for the City Council Regular Meeting of: July 10, 2007 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26, 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). PFP-07-002 C C 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Final Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 26, 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, dated March 7, 2007, is hereby conditionally approved; 2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated March 28, 2007, is hereby conditionally approved; 3. The Applicant's Final Plat, as evidenced by having submitted the Final Plat, dated March 7, 2007, is hereby conditionally approved; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 26, 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, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 • 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 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 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 June 26, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 ! ~ By action of the City Council at its regular meeting held on the ~'~_ da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED /`~`~~Pi~ VOTED__~~~~ VOTED VOTED___~~~ 0 VOTED o>~~~ ~ .~ ~~ ~ ; a ~ ~ ATTEST: s ~~~ LIAM G. BERG, JR C C ~~ ~`,~e <<<<~~s~rrrrn~~~~~~~~~``~~> de WEERD Copy served upon: Applicant fanning Department ~ublic Works Department ity Attorney By: ~~ J~~_ City Clerk's Office Dated: ~' 12'O~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-002 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 STAFF REPORT Hearing Date: 6/26/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Devon Park North • PFP-07-002 ;~. ti u' , ,~ ~ -~•~3~ j~+i1~~~,,~ ~ ~ p ' 1~ ~"~ 1~~1~~ + w '" ~' ~~$~f ° ~~~ , ~ Request for Preliminary /Final Plat of Two (2) Lots on 4.64 Acres in an R-15 Zone, by Doug Tamura 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, has applied for Preliminary /Final Plat (PFP) approval to subdivide one existing lot into two new lots within the Devon Park / Fairview Lakes development. The property is currently zoned R- 15 (Medium High-Density Residential) and is located at 1960 N. Lakes Place in the SW'/ NE% of Section 6, Township 3, North Range 1 East, B.M. This site has been previously approved for a planned retirement center. The subject property is commonly known as Lot 4, Block 1, Devon Park Subdivision No. 2. Devon Park Subdivision No. 2 was recorded on April 25, 2005. The Applicant is proposing to subdivide Lot 4, Block 1, into two new lots, for Devon Park North. The proposed lot sizes are at approximately 3.25 acres and 1.39 acres. The subject development is eligible for a combined preliminary /final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside, or the like (UDC 11-6B-4A). The subject property is within the City's Area of Impact and Urban Service Planning Area and is annexed into the city with an R-15 zoning district designation. 2. SUNIlVIARY RECOMMENDATION Staff recommends approval of PFP-07-002 for Devon Park North, as presented in the staff report for the hearing date of May 17, 2007, based on the Findings of Fact listed in Exhibit D and subject to the comments listed in Exhibit B. The Meridian PlanninE and Zoning Commission heard these items on Mav 17, 2007. At the uublic hearin¢ the Commission voted to recommend approval of the subiect PFP suplication. a. Summary of Commission Public Hearing: i. In favor: Linda Hines (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staffpresenting application: Amanda Hess vi. Other Staff commenting on application: None b. Kev Issues of Discussion by Commission: i. What has been constructed on site to-date -Alzheimer's Unit & Assisted Living Facility. c. Kev Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(sl for Citv Council: i. None Devon Park North - PFP-07-002 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 a. ummarv of itv o ~nc'1 PLbli Aparing~ i. In favor: Doue Tamura (Applicantl ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staff presenting application: Anna Carmine vi. Other Staff commentinc on application• None b. ev IssLes of D1sCLC ion by ounc'1: i. The multi-use pathway located on-site c. ev Counc I Chan~ec to o mission R omm .n.tA_finn~ i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-002, as presented during the hearing on June 26, 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 approve File Number PFP-07-002, as presented during the hearing on June 26, 2007, for the following reasons: (state specific reasons for denial of the annexation and/or preliminary plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07- 002 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/L.ocation: 1960 N. Lakes Avenue SW % SE % Section 6, T3N, R1E b. Owner: Grace @ Fairview Lakes, LLC 4356 N. Ninesridge Lane Boise, ID 83702 c. Applicant: Doug Tamura 1124 Santa Maria Boise, ID 83712 d. Present Zoning: R-15 (Medium High-Density Residential) e. Present Comprehensive Plan Designation: Mixed Use -Community Devon Park North - PFP-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): March 7, 2007 2. Date of Landscape Plan (See Exhibit A): March 28, 2006 (PREVIOUSLY APROVED) 2. Date of Final Plat (See Exhibit A): March 7, 2007 g. Applicant's Statement /Justification: The request to divide Lot 4, Block 1, into two lots is to accommodate long-term financing on Phase I of the retirement facility. 5. PROCESS FACTS a. The subject application will, in fact, constitute a combined preliminary /final plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri130, 2007, & May 14, 2007 (Planning & Zoning Commission) June 4, 2007, & June 18, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Planning & Zoning Commission) June 1, 2007 (City Council) d. Applicant posted notice on site by: May 7, 2007 (Planning & Zoning Commission) June 16, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Assisted living and Alzheimer's facilities. b. Description of Character of Surrounding Area: A mix of single family residential, group care facilities, and existing and proposed office /commercial properties. c. Adjacent Land Use and Zoning: 1. North: The Willows Subdivision, zoned R-8 2. East: Settler's Village Resubdivision, zoned R-8 3. South: Offices (existing and proposed), zoned R-40 4. West: Fairview Terrace Estates, zoned R-8 d. History of Previous Actions: In 2005, CUP-04-049 granted approval fora 30-unit Alzheimer care building, also to be located on Lot 4, Block 1. This building is located at the west line of Lot 4 and has been constructed. Also in 2005, a 40,000 square foot, 65-unit assisted living facility on Lot 4, Block 1, of Devon Park Subdivision No. 2 was granted detailed conditional use permit approval (CUP-04-037). This facility is centrally located on the subject lot and is built out, as well. In 2006, the remaining portion of Lot 4, Block 1, received detailed CUP approval fora 40-unit, 34,377 square-foot congregate care facility (CUP-OS-055}. The Alzheimer and assisted living facilities will be located on Lot 1, Block 1, of the proposed subdivision. The congregate care building is to be located on Lot 2, Block 1, of the subject Devon Park North - PFP-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Sewer for this building was installed with the approved plans for Grace Assisted Living dated 6/24/05. Any change to the plans will require approval from the City of Meridian Public Works Department. Location of water: Existing stubs in E. Clarence Street. Installation should reflect the approved plans for Grace Assisted Living dated 6/24/05 Issues or concerns: None 2. Vegetation: Existing (Approved via CZC-OS-006, CZC-OS-024, &CZC-06-033) 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Jackson Drain runs through the subject property 5. Hazards: N/A 6. Size of Property: 4.64 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 2 3. Total Building Lots: 2 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: N/A 4. Other landscaping standards: Per UDC 11-3A-15, all developments shall have underground pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Primary access to the site is from Fairview Avenue via N. Lakes Place. Secondary access is provided from E. Clarene Street to the east. All accesses are existing and received prior approval through ACRD. 7. COMMENTS MEETING On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Mixed Use" areas are anticipated to provide a combination of land uses under a master of conceptual plan including, but not limited to, retail, office professional, and/or residential uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the Devon Park North - PFP-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 26, 2007 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, if necessary. • 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. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject PFP upon the Applicant installing and maintaining any additional landscaping on this site, as needed. Refer to the PFP Analysis, Section 10, for more information on landscaping at this site. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Stafffinds that the adjacent residential developments and office uses are compatible with the proposed subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists Nursing and / or Residential Care Facilities as Conditional Uses in an R-15 district. Specific Use Standards listed in Chapter 4. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIlVIINARY/FINAL PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the development with the Unified Development Code, Staff believes that the requested subdivision is appropriate for this property. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Devon Park North -PFP-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 Plat Naming: Per City Requirements, numbers within Preliminary Plat names are reserved solely for phasing of subdivisions. Therefore, Staff requests that the subject Preliminary Plat be referred to as Devon Pazk North. The Final Plat may be recorded, however, as "Devon Park Subdivision No. 4." 2. Access: Primary access to the site is from Fairview Avenue via N. Lakes Place. Secondary access is provided from E. Clazene Street to the east. All accesses aze existing and received prior approval through ACRD. No additional access for the site is proposed nor approved at this time. 2. Landscaping: No additional landscaping improvements aze necessary for this development, as all applicable requirements have previously been met via CZC-OS-006, CZC-OS-024, &CZC-06-033. Any future development or change in use on the subject site may require installation of additional landscaping. Staff will evaluate this at the time of submittal for Certificate of Zoning Compliance. 3. Pressure Irrigation: The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water. The Applicant should utilize any existing surface or well water for the primary source. If not already, an underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. 4. Multi-Use Pathway: Per the requirements of the Planned Development for the subject site, a multi-use pathway was required across this site. On the submitted landscape plan, the pathway dead-ends approximately 40 feet south of the north property line. The Meridian Parks Department requests the Applicant construct the remaining pathway to terminate at the northwest corner of the site. The Applicant should contact the Meridian Pazks and Recreation Department to coordinate the dedication of the remaining portion of the multi-use pathway. 5. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, as necessary. 6. Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building and/or occupancy permits. b. Staff Recommendation: Based on the above analysis, Staff finds that application PFP-07-002 substantially conform to the Comprehensive Plan policies and UDC standazds. Staff recommends approval of said PFP application subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard these items on Mav 17, 2007. At the public hearinst the Commission voted to recommend approval of the subject PI+,P application. The Meridian Citv Council heard these items on . 2007. At the nLbLic hea 'ng thev approved the ubiect ann i~tion 11. E~~ITS A. Drawings 1. Vicinity /Zoning Map 2. Preliminary Plat (Dated March 7, 2007) 3. Landscape Plan (PREVIOUSLY APPROVED) 4. Final Plat (Dated Mazch 7, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department Devon Park North - PFP-07-002 PAGE b CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 10. Intermountain Gas Company C. Required Findings from Unified Development Code Devon Pazk North - PFP-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 A. Drawings Vicinity /Zoning Map Exhibit A ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Preliminary Plat (Dated March 7, 2007) -- tr'fJld NOt~lA108RS J11~t~d NOA36 a ~ 1V1d A~0'NU0R38d X71 53110''1 M3dA8(d~ !d 7]i~9 !~ ~ ~~1 ~eaj~ ~~~~~~~~ o!S i ~ p,~ i ~~~ ~i~ ~~r ee r, '' -~ ~~I I i p. 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I ~ 1 I~ I I~`'i. ~a ,~ ~ ti 1 ~~ a l 1 9 tl R -- _--_--<_ z.ps~~a': - --t-~dl Y F'r~l'81~ ~ _Sf 4 ®~ ~ ~~8 i ~ i ~ 1 1 1 t °--- ---f_-- ,1 ------~-- ~~_-JJ~ L_ 1 .~~ BFglizfxw v3uvtsaa `` ., L.~ Exhibit A • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 ~~ ~~ ~ ~ ~ `~~ ~~ ~ ~~ t~ ~ ~ ~ ~ a ~ ~~ ~~ ~~~ '~ ~ ~ ~ <~ ~ ~~ ~ ®$ 1 ~e~ ~~~ ~~~ - ~~ v~ s ~ ~ ~ ~ ~ ~~~ ~~ ~ - ~ /}ma/ynyy ~~ ~g~ I ~~g~~~ ~ ~~gi I x~ bti~ k` ~ k ~ ~~ +„~ a ,., e ~ ~~ ~ ffi~~~ seta ~ ~~€ o ~~ ~~ ~ B~ ~~ ~~ ~*'f t5 ~ Wa~ q K~~ 1 ~ F ~~~ .~ .~~~ g 111 ~ ~~ 3~~~ --~ ~ ~ _.~~ ~~ g~ sx~ ~~ ~. t ~L ~~~~ w,@~9 ~ ~~~ ~~ ~~. ~~ ~~~ . ~ gA~~ ~: ~~~ ~' s~~ ms ~~~ ~ ~~~~ ~~ a ~~~~ ~~~~ '~a ~ ~~ ~ f b~y M ~$ ~~ a ~~~ ~ '~~ ~ 8~~ ~~ ~~ b ~i ~~ ~~ Exhibit A r • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 26, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT l.l.l The preliminary plat labeled as Sheet No. 1, prepazed by Anderson Survey Group, Inc., and dated Mazch 7, 2007, STAMPED Mazch 12, 2007, by Gordon N. Anderson, PLS, is approved with the conditions listed herein. 1.1.2 The preliminary plat shall be modified so that the name of the subdivision is "Devon Pazk North." 1.1.3 The preliminary plat shall be modified so that Lot 36, Block 1, Devon Pazk North becomes Lot 1, Block 1, Devon Pazk North. 1.1.4 The preliminary plat shall be modified so that Lot 37, Block 1, Devon Park North becomes Lot 2, Block 1, Devon Park North 1.1.5 The Applicant shall comply with the previously approved landscape plan labeled as Sheet L1.0, prepazed by Tamura & Associates, and dated Mazch 28, 2006, with the following exception: the Applicant shall construct the remaining pathway to terminate at the northwest corner of the site. 1.1.6 Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit(s), Development Agreement, and any other approvals pertaining to this development. 1.2 SITE SPECIFIC REQUIREMENTS-FINAL PLAT 1.2.1 The fmal plat, labeled as Sheet Nos. 1-3 and prepazed by Anderson Survey Group, Inc., dated March 7, 2007, and STAMPED Mazch 7, 2007, by Gordon N. Anderson, PLS, is approved with the conditions listed herein. 1.2.2 Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit(s), Development Agreement, and any other approvals pertaining to this development. 1.2.3 This subdivision lies within the Nampa & Meridian Irrigation District; the District will own and maintain the pressurized irrigation system within the development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape azeas prior to signature on the fmal plat by the Meridian City Engineer. 1.2.4 Prior to issuance of a building permit or signature of the Final Plat, the Applicant shall submit evidence that any right-of--way construction and public utility improvements have been approved by all required agencies and authorities. 1.2.6 All development improvements including water, sewer, fencing, and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.8 Applicant will be responsible to construct all required sewer lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.9 Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.10 Applicant shall be required to pay Public Works development plan review and construction Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 1.2.11 Revise or add the following notes on the face of the plat, prepazed by Anderson Survey Group, Inc., and STAMPED on 3/7/2007 by Gordon N. Anderson, prior to signature of the final plat by the City Engineer: 3.) Revise to read, "rights-of--way and drives, except as shown." 5.) Revise to read, "...compliance with the City of Meridian's applicable zoning code at the time of buildingyermit submittal: ' 9.) Revise to read, "approved conditional use permits, ~~'° AT.. ~Tro nc n~~ File Nos. CUP- 04-037, CUP-04-049, &CUP-OS-055." 10.)Revise to read, "Maintenance of the 20-foot multi-pathway for Devon Pazk Subdivision No. 2 shall also be the responsibility of the Devon Park Subdivision No. 4 Homeowner's Association." *.) Add note, "Interior lot lines are designated as having afive-foot (5') wide permanent public utilities, property drainage, and irrigation easement adjacent to said lot lines." 1.2.12 Depict all additional required easements (utility and drives) on the face of the plat. 1.1.13 The fmal plat shall be modified so that Lot 36, Block 1, Devon Pazk North becomes Lot 1, Block 1, Devon Park Subdivision No. 4. 1.2.14 The fmal plat shall be modified so that Lot 37, Block 1, Devon Park North becomes Lot 2, Block 1, Devon Park Subdivision No. 4. 1.2.15 Staff's failure to cite specific ordinance provisions or terms of the approved Annexation and Preliminary Plat for Vallin Courts Subdivision does not relieve Applicant of responsibility for compliance. 1.3 GENERAL REQUIREMENTS-PRELIMINARY /FINAL PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Ridgebury Avenue 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 Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered bacldll, where footing would sit atop fill material. 1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.5 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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.6 Where permanent fencing is not constructed on-site, temporary fencing shall be installed around the subdivision boundazy perimeter to contain construction debris prior to issuance of building permits, if necessary. All permanent fencing 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 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 Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the applicant of responsibility for compliance. 13.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 1.3.10 Final plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 No manholes or water valves shall be allowed in the landscape islands. 2.2 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. 2.3 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. 2.4 Floodplain: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Contact Rick Jackson regarding the proposed turnaround to be located on Lot 2, Block 1. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. For all Fire Lanes provide signage, "No Parking Fire Lane." 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All structures, existing and proposed, shall maintain a separation of 5' from the building to the dumpster enclosure. 3.7 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fire hydrant within 100' of all Fire Department connections. Additional hydrants shall be installed to meet this requirement, if necessary. 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 paths and open areas shall have adequate lighting. 4.3 The loading areas shall be separated from all public parking areas. 5. PARKS DEPARTMENT 5.1 The depicted pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. The Applicant should constract the remaining pathway to terminate at the northwest corner of the site. The Applicant should contact the Meridian Parks and Recreation Department to coordinate the dedication of the remaining portion of multi-use pathway. 6. SANTI'ARY SERVICES DEPARTMENT 6.1 The Applicant shall submit an approved site plan from SSC. 6.2 The trash enclosures shall be located to minimise service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 6.3 The Applicant shall provide a minimum of 50 ft. turning radii on-site. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On July 10, 2002, the Ada County Highway District commissioners approved the Devon Park development. The same conditions and restrictions apply to this application. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 Applicant shall apply for a land use change application prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Jackson Drain courses along the south 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. 8.4 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. 8.5 The Developer must comply with Idaho Code 31-3805. 8.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 9. CENTRAL DISTRICT HEALTH DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 9.1 Central District Health Department has reviewed and approves the final plat for central water and central sewer facilities. 9.2 Run-off is not to create a mosquito breeding problem. 10. INTERMOUNTAIN GAS COMPANY 10.1 The Applicant shall dedicate a 10-foot wide public utilities easement to span the lot line common to Lots 1 & 2, Block 1, Devon Park North. 10.2 The Applicant shall dedicate a 10-foot minimum utility easement along all rights-of--way and drives. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code 1. Combined Preliminary and Final Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council fords that the proposed application is compatible with the adopted Comprehensive Plan. The Council supports the proposed plat as it complies 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; Utilities were installed to the subject properties at the time of development of the Devon Pazk Subdivision No. 2. Therefore, the Council finds that public services aze currently available to accommodate the proposed development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; All utilities aze currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, the Council on 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 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 The Council is not awaze of any health or safety issues associated with the development of this subdivision that should be brought to City Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend 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 are unawaze. f. The development preserves significant natural, scenic or historic features. The Council is unawaze 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 that 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 aze unawaze. Exhibit C L J July 6, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Maria Vanbragt RZ 07-007 C~ ITEM NO. S-E REQUEST Findings for Approval -Request for a Rezone of 0.19 acres from an I-L to an O-T zone for the property located at 305 West Broadway Avenue for Vanbragt Property - 305 West Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings ~~"`~ Contacted , ~ ~ Date: 0 Phone: ~,~ f j= p~~ Emailed: ~In.Q.O v1 c l at.r~ ~n'1 ~ 1 1 _ ~.y~''1 S aff itials: Materials presented at public meetings shall become property of the Ctty o Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ,~ d a ~ {s ~' F ef't1sdi~ INY1i W~ +y': :! ~~,y, ~~ r~;- . In the Matter of the Request for Rezone of 0.19 of an Acre from I-L to O-T, for Vanbragt Property by Maria Vanbragt. Case No(s). RZ-07-007 For the City Council Hearing Date of: June 26, 2007 (Findings on the July 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26, 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-07-007 • 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, Proposed Floor Plan, and the provisions of the Development Agreement all in the attached Staff Report for the hearing date of June 26, 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 as evidenced by having submitted the Legal Description dated 3/06/07 and stamped/signed by Clinton Hansen, is hereby conditionally approved; 2. The properties described in the Rezone legal description shall be zoned O-T as recommended by Staff and approved by the City Council; and 3. A Development Agreement is required with approval of the subject rezone application and shall include the provisions noted in Exhibit A of the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. E. Attached: Staff Report for the hearing date of June 26, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-007 C~ By action of the City Council at its regular meeting held on the ~~ ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_!~2~(©,r~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED__z~~~ VOTED ~ VOTED VOTED '~- ~~ MAY~,T de WEERD ~~~~~\\ °j0°e ATTEST: `~>>`~~~~"~~ ~ ~~A~`°.~. ~ O~® i ,~`~L-=~ = AL ILLIAM G. BERG, ., TY C3,E ~' ~O'/ T 13~ ~ 0\ -~ '~ ~~ o, ~ `\~~ Copy served upon: Applicarii''°>,,, ~~ '~~~~~``~~ rra rn iiin~ lanning Depar{rnent ublic Works Department City Attorney BY~ L l~J~ tA~ VU ~l~ 1~ Dated: ~- ~ (- 0~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-007 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 STAFF REPORT HEARING DATE: June 26, 2007 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Vanbragt • RZ-07-007 y, ~ ~ ~~ ~,, ~o:+~~-, .~ ~ '~~ Rezone of 0.19 of an acre from I-L (Light Industrial) to O-T (Old Town), by Maria Vanbragt. 1. SIJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Maria Vanbragt, has applied for a Rezone (RZ) of 0.19 of an acre from I-L (Light Industrial) to O-T (Old Town) for the existing residence at 305 W. Broadway Avenue. The applicant is requesting the subject property be rezoned so the existing single-family dwelling can be considered a conforming use in the zone (the I-L zone prohibits residential uses). The site is located on the southwest corner of N.W. 3rd Street and W. Broadway Avenue in Section 12, Township 3 North, Range 1 West. The subject property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. 2. SUNIlVIARY RECOMMENDATION Staff recommends approval of R~07-007, as presented in the staff report for the hearing date of May 17, 2007, based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, staff has not included any conditions of approval. .a, ummarv of Lo mis. ion ~b is H a "n i. favor: Maria Vanbra~ (Owner/Ann i Antl ii. In ounosition: None iii. Commentin :None iv. Written to 'mono: None v. tall nre entin ann ication: onva Wa er vi. Other staff cowmen 'ng on gnu i Ation• Non_e_ 12. ev Issue(s) of Di cu ion by ommission: i. None ~ ev Co mission Chanue(~cl to .S'taff RpnnmmanAatinn• 1. None S~. _ utstan in icsne(c1 for _itv o ~nc'l; i. In meeting with the applicant. Staff informed the Vanbra~t's that, by strict interpretation, the proposed remodel of the e~stinzr structure will not comply with the Downtown Meridian Design Guidelines (DMDGI for the requested O-T zonine district. As you know, those desisn sruidelines are intended to euide the look and placement of commercial buildings within the downtown core The VanbraQt's intend to enclose an existing carport to add a minimal amount of Vanbragt RZ-07-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 square footage to the structure. It would not seem to be within the intent of the desisn guidelines to require conditional use approval for enclosins said carport. Likewise, the e~stinst structure is non-conformins: (per the UDC because it does not provide the required two enclosed parking spaces or the 20' z 20' reauired parking pad We ask that Council consider entering into a DA with the VanbraQt's and determine that the requested modification will not ieopardize the non-conforming status of the structure. .a, ummarv of City Counc'1 Pub is Hearing: i. In favor: Maria Vanbra~t ii. In onnosition: None iii. Commenting: None iv. Written testimony: None v. tall nresen 'nom aun icaHon: nna Ca nin vi. Other staff cowmen 'ng on annlication: None jz, ev issues of Discussion by Co ~nc'l: i. he availab'lity for off- tree Harkin in front of he caroo ii. eaui_rement of a Develonment Agreement that allow for he carno 'tchen: if the use of the nronerty chan a .the ci a wo old be t l ith th d l t t d f th i d T ' O l o come y w e eve onmen s an ar nQ o e .one. nc - u ~, the Downtown Meridian Design G fide ines_ ev Council Cha ge O Ommicsinn R .cnmm .ndatinn i. Develonment Agreement i rea fired that a low for the carno conver ion to 'tchen: if the use of the nronerty change .the ite wo ld be rea sired to v with the develonment standards of the O-T .one. 'nclu ins< th_p Downtown Meridian Design G fide fines. 3. PROPOSED MOTIONS Approve I move to approve File Number RZ-07-007 as presented in the staff report for the hearing date of June 26, 2007, with the following changes to the staff report: (add any proposed modifications). Deny I move to deny File Number RZ-07-007 as presented in the staff report for the hearing date of June 26, 2007, for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-07-007 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 305 W. Broadway Avenue Southeast % of Section 12, Township 3 North, Range 1 West. Vanbragt RZ-07-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 b. Owner: Maria Vanbragt 305 W. Broadway Avenue Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Maria Vanbragt, Owner e. Present Zoning: I-L (Light Industrial) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: Single-family residences are prohibited in the I-L zone. Therefore, the existing residence is anon-conforming structure. The applicant is applying to rezone the subject property so that the existing single-family residence will be in a conforming use. 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-SB-3, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); June 4, 2007 & June 18, 2007 (Gifu Councill c. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); June 1, 2007 (City Council) d. Applicant posted notice on site by: May 7, 2007 (Commission); June 16, 2007 (Gifu Councill 6. LAND USE a. Existing Land Use(s): Single-family dwelling. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of existing single-family dwellings and an adjacent apartment complex. c. Adjacent Land Use and Zoning: 1. North: Existing single-family residences and an apartment complex, zoned R-15. 2. East: Existing single-family residences, zoned I-L. 3. South: Existing single family residence, zoned I-L. 4. West: Existing single family residence, zoned I-L. d. History of Previous Actions: Several residential properties in this area of Meridian that were zoned I-L have been rezoned to a residential zone so that the use conforms to the zone. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Akeady serviced Location of water: Already serviced Vanbragt RZ-07-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 Issues or concerns: None 2. Vegetation: NA 3. Floodplain: All of the subject property lies within flood zone XS but none of the property is within the floodway of the Nine Mile Creek. 4. Canals/Ditches Irrigation: None 5. Hazards: None 6. Proposed Zoning: O-T 7. Size of Property: 0.19 of an acre 7. COMMENTS MEETING On April 14, 2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned I-L. Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical 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 proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2D-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed O-T zoning district. Single-family dwellings are listed as permitted uses in the O-T zone. b. Purpose Statement of Zone: The purpose of the O-T 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. Vanbragt RZ-07-007 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: The applicant is requesting a rezone of this property because the existing single- family use is prohibited in the I-L zone, thus making the use nonconforming. As a nonconforming use, the use may continue as long as the use remains lawful and is not expanded or extended. No existing structure containing a nonconforming use may be enlazged, extended, constructed, reconstructed, moved or structurally altered except through approval of a conditional use permit or where the use of the structure is changed to a conforming use, per UDC 11-1B-4. The applicant is proposing to rezone the property to a zone in which single-family dwellings are a permitted use so that the structure may be enlazged. Further, most financial institutions will not finance anon-conforming use/property because if the structure is significantly damaged it can not be re-built. Staff believes that rezoning this property to O-T is appropriate. Further, rezoning this property to O-T will make the existing home a conforming use, which will allow the applicant to enlarge the structure and improve the appearance of the property, while contributing to the revitalization of the Old Town azea. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the existing structure with the Unified Development Code for the O-T zone, Staff believes that the rezoning of this property to O-T is in the best interest of the City. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepazed on March 6, 2007 by Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City of Meridian. All future re-development of the subject property comply with City of Meridian ordinances in effect at the time of development (i.e. comply with standards of the O-T zone regazding setbacks, property size, street frontage, pazking, etc.). Currently, there are no development standazds for the O-T district. However, for a house containing one bedroom, one pazking space is required in an enclosed garage with a 10' x 20' pazking pad between access and gazage per UDC 11-3C-6. 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, glaze or odors. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the small size of the subject property and the Applicant's intent to enlarge the existing structure on the property, Staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA is necessazy to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact neazby properties; Staff recommends a cleaz outline of the commitments of the developer being required. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. b. Staff Recommendation: Staff recommends approval of RZ-07-007 for the property located at 305 W. Broadway Avenue, as presented in the staff report for the hearing date of May 17, 2007, based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, Vanbragt RZ-07-007 PAGE 5 ! ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 there are no conditions of approval). he Meridian Pla nin & .nnin o mic ion hear 's item on Mav 17 2007 At he n ~b is hearin hev annroved the c ~bie 7 reaue The erldl_aII C1tV Oni1C~~ h .Arta thP.c . 1tPme nn Tnna ')(~ 2nn~ S} tha nnhlin l~noriTR ti.e.> annroved the sLbiect R7. reane t 11. E~~ITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department B. Legal Description & Exhibit Map C. Current/Pronosed Floor Plan & Site Photo D. Required Findings from Unified Development Code Vanbragt RZ-07-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description submitted with the application (prepared on March 6, 2007 by Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1.2 All future uses on this site should comply with the provisions of City Code in effect at the time of application submittal. 1.3 Prior to the rezone ordinance approval. a Development Aureement shall h .entered into etween the Citv of Meridian. the property owner() fat the 'me of re .one or finance optionl. and the developer. The applicant sha 1 contact the itv Attorney. B'll Narv. a 8-4433 within 6 months of Council annroval to initiate this nrncecc_ The nA shall inrlnde_ at inimLm_ th folio 'n • he Applicant is allowed to convert the ems 'n~ carport into a ld then a proposed i ,ambit C. without compliance with the Downtown Meri ian Deciun fide fines. The npLicant wL be required to comply with the developmen standards of the O-T .one. udin~ the Downtown Meridian Design fide fine.. upon a than a in u e or evelopment of the property. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. Exhibit A i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 B. Legal Description & Exhibit Map L~:Qa_ ! l3~oriP on Vanbragt F~operEy R~Zoning A Pam for r~-zoning purer, being r~ pardon of Blanc 8 of West Vu~w AdrJit~on to Me , as shown in Book 8 of plats, on page 6$, reoords of Ada County. Idaho, and being located in the N ~ of the SE '1. of Sedlon 12, Township 3 Nardi. Range 1 Wit, Boise Mer3dlan, and moue partiCUt described as follows: BEGINNING at a 5/6 inch iron pin marking ttre fntersectlon of West B Avenue and 1Nest 3`° Street (Formerly Neal Av®reue) from which a brass cap monument markir~ the ir~tetse~on of West Broadway Avenue and the westerly boundary Ilne of Wei V~a- Addition to Mer'~~n bears N 89°52'12° W a dance 2K.15 feed Clinton W. Flansen, PLS Land SolutlOns, PG March 6, 2007 ~ va+. ~~ ~.9 T § ' -. '. . _, ~~ o~~~~~i i7~ la~fMef! '®~At I.q/y®s 4i~y ~ E ~ o `~ a 11118 e `~~.31at. /o, ~ ~a~ WV . ~s VeRbr~gt PRiE1@fljt ~E~ZOnIn~ ~~. 07~~' Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~DATE OF JUNE 26, 2007 RE ZONING VANBRAGT PROPERTY A PORTION OF BLOCK b OF WEST VIEW ADDITION TO MER1DtAN, AND BEING LOCATED IN THEN 1 f 2 OF THE SE 1/4 OF SERION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. 2007 e~o~®w,ar ,~vE~vuE ~s~5 ~~ ®~~ `~~ .e6. ts° N 89'SZ'f2` W ~'~'c~~~~~~ ~~rr~sa -~r, m~° 85.00' ° ~ PO/NT OF BEG/IEIN/IVG x a9-~rRr° . s~ a~• RF-ZOIUANC ~RE•4 0 4 r ~CfE'£5 ~ W 3 LEGEND ~ BRASS CAP o ~ ~ Sf8'PIN y ~ CALCULATE® POIMI' cr~r wow R,~vir~Jv s® ~,;D.Asv aEVmG ~', ~ ~m~ta~a~ ~y ?` qv~ ~ ''t[tr~f~ i~~E"a~ _~M~ ~E~1 0 Z4 40 8~ t o ~ ay ~ o ~ ~~ ~~ ~ ~ ~ z 52'12' E 83.00' ~ A ~ ~ ~~'L~td 5urv~g artd Contuldng 2i! [ SEW SE: SEC-A f~ F~b7~ t2QEB a8a-.ts4a cv Exhibit B CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARI~DATE OF JUNE 26, 2007 C: Current/Pronosed Floor Plan and Site Photos The Applicant is proposing to expand the existing house by building on a kitchen where the carport is located. There will be no change in the style of the house, just an extension of the sidewall and roof. ~~. c1c~ - r4 -' r~~ ~ ' 2x3s' jy ~ Carport~~~" ~.ir94.'fi~ j CCU 1! ~ i Glen x Coxp~RS ~ ! +I /ASS r f 5:3 ~~1fO0+w a ~"~~'~`°`" Kitchen ~~~~~h~~ ~ ~ J i -~ ~~, 22~ ~~ ~ ~ ~~) L~ <~a'.e~, cJ L•,n>~~t'c~ow~ 1, I~Ji ~~~Ge~,. s_ ~~--- ~ ~ ti©~iz x 4~'l~ 24' ^®1J1 C~ ~h~ ~°IGASC'. ~rtiQYt~ O~ ~~E ~QUae, it C 1 Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 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 the subject property to O-T. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that single-family dwellings are a permitted use within the requested zoning district of O-T. The Council finds that rezoning this property will make the existing home a conforming use in the zone. As a conforming use, the applicant will be able to enlarge and improve the appearance of the property, thus contributing to the revitalization of the neighborhood, in compliance with the purpose of the O-T district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D ~ ~ July 6, 2007 AZ 07-008 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT JR, LLC ITEM NO. S-F REQUEST Endings for Approval -Request for Annexation and Zoning of 3.32 acres from R1 to C-G zones for Zamzows Overland - 3620 and 3650 East Overland 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 ailtached Findings Contacted: Emailed: b ~P~ ~ ~~ Materials presented at public meetings shall became property o} the city of Meridian. u • RECEYVED JUL 10 2007 City Of Meridian City !`1'f~r~k Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r e Y"~ ~~~if~,~Y~, ~, ~~;~,-dam l' °~.~ .,~,. .~ - In the Matter of the Request for Annexation and Zoning of 3.32 acres from R1 to C-G, by J. R., LLC. Case No(s). AZ-07-008 For the City Council Hearing Date of: June 26, 2007 (Findings on the July 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26, 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). AZ-07-008 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and provisions of the Development Agreement, all in the attached Staff Report for the hearing date of June 26, 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 Annexation and Zoning request as evidenced by having submitted the Legal Description, prepared by Russell Badgley, stamped/dated 3/8/07, is hereby conditionally approved; 2. The properties described in the Annexation legal description shall be zoned C-G as recommended by Staff and approved by the City Council; 3. A Development Agreement is required with approval of the subject annexation application and shall include the provisions noted in Exhibit B of the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 26, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-008 ! • By action of the City Council at its regular meeting held on the ~ ~ da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ VOTED VOTED__~~~,G~,,, VOTED__~~~ VOTED___~~~ VOTED -~ Attest: ~ ~ - _,/ _ _ ~ William G. Berg, Jr., Ci Cl '><,~~~~ ~ v~~ ,;~'~ ,'~~~Nt17t ill~~~\~\` Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B ~~ Dated: ~ ' ~ ~ - (~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-008 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 STAFF REPORT HEARING DATE: June 26, 2007 TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Zamzow's Overland • AZ-07-008 Y. ~, ~ ~v ~~~F ,~+r It3.Vit~ F: Annexation and Zoning of 3.32 acres from Rl (Ada County) to C-G (General Retail and Service Commercial). • DES-07-004 Design Review for a structure on property adjacent to an entryway corridor. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J. R., LLC, has requested Annexation and Zoning (AZ) approval of 3.32 acres from Rl (Ada County) to C-G (General Retail & Service Commercial District). Design Review (DES) approval is also requested because the location of the proposed structure is adjacent to an entryway corridor. The subject property is located on the northwest corner of E. Overland Road and S. Jade Avenue, in the southwest''/a of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ & DES applications would allow the applicant to obtain a commercial zone and construct a new 13,334 square foot retail facility for Zamzow's (pending CZC and Building Permit issuance). The applicant is also proposing to lease retail spaces in the subject building consisting of 5,152 square feet. The retail spaces are proposed to be attached to the main Zamzow's building. According to current City Code, retail stores are principal permitted uses in the proposed C- Gzone (iJDC Table 11-2B-2). The Applicant has not submitted a subdivision application at this time. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future building will look like. The applicant has requested DR approval at this time because the proposed structure will be located adjacent to an entryway corridor and the elevations approved with this application should comply with design standards. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report related to the submitted applications (AZ and DES). 2. SUMMARY RECOMMENDATION The subject AZ & DES applications were submitted to the Planning Department for concurrent review. Per UDC 11-5A-2, the Planning & Zoning Commission is required to make a recommendation to the Council on AZ applications; the Commission is not required to make a recommendation on DES applications. However, the Commission may review and make comments on the DES application, as this application is significant to the proposed development of this property. Any comments related to the subject applications (AZ-07-008 & DES-07-004) will be included in the Commission's recommendation to the Council. Staff is recommending approval of the Zamzow's Overland application (AZ-07-008 & DES-07-004) with a Development Agreement for the project. Zamzows Overland AZ-07-008 & DES-07-004 Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 The Meridian Planning & Zoning Commission heard this item on Mav 17 2007 At the public hearing they moved to recommend approval of the subiect AZ (and DES request a. Summary of Commission Public Hearing: i. In favor: Darin Eisenbarth (President of Zamzow's) and Doug Zamzow (Construction Manager for Zamzow's) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None ]?. Kev Issue(s) of Discussion by Commission: i. Visibility of the site from Overland Road ~. Kev Commission Change(s) to Staff Recommendation: i. Add requirement in the Development Agreement for the applicant to install security cameras near the entrance of the development ~. Outstanding Issue(s) for City Council: i. Applicant's reauest (see letter submitted by Darin Eisenbarth dated Mav 25 20071 for City Council approval of the following items: (Staff's response in italics • City acceptance of the Certificate of Zoning Compliance (CZC) application the day after Council approves the associated ordinance and development agreement (typically. the Planning Department will not accent a CZC application until after the ordinance is published in the newspaper, making the AZ official). Staff offers to accept the CZC application an time after the Council hearing on the annexation and prior to the adoption of the annexation ordinance and development agreement • Issuance of the CZC by the Planning Department within one week of receipt of the application. Normal processing time for CZC's is S-7 business days, as requested by the Applicant • City acceptance of the building permit application and associated documents the day after Council approves the AZ ordinance and development agreement and start review of the application immediately (typically, building permit applications are not accepted by the Building Department until a CZC is issued by the Planning Department .Staff believes that this reauest is unfair to those applicants already in the system. Further, Staff has experienced that is not appropriate, nor is it in the best interest of the Applicant or the City, to process the CZC and the building permit concurrently • Issuance of an early start foundation permit by the Building Department within one week of building permit application submittal contingent upon their being no maior design. engineering. or detailing issues associated with the work authorized by the foundation permit. Typically, early start foundation permits are issued within ZO working days after receipt of the building permit application. The applicant may contact Brent Biornson at 887- 2211 to reauest a shorter timeline: however the reauest ma not be approved Please see Staff s response to the Applicant's request in the memo dated June S, 2007 to Council for more information. g. ummarv of itv o nc'1 Publi Aearinu~ i. ayor: Darin Eisenbarth: Dou .a zow Zamzows Overland AZ-07-008 & DES-07-004 page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-07- 008 (and DES-07-004 optional) as presented in the staff report for the hearing date of June 26, 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 deny File Number AZ-07-008 (and DES-07-004 optional) as presented during the public hearing on June 26, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07- 008 (and DES-07-004 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 PROPERTY FACTS a. Site Address/Location: 3620 & 3650 E. Overland Road and 1545 S. Jade Avenue (Lots 1-3, Block 1, Jewel Subdivision) Northwest corner of E. Overland Road and S. Jade Avenue Southwest % of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: J. R., LLC 1201 Franklin Boulevard Nampa, Idaho 83687 c. Applicant: Same as owner d. Representative: Douglas Zamzow, Zamzow's Inc. e. Present Zoning: Rl (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential Zamzows Overland AZ-07-008 & DES-07-004 Page 3 o ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 3.32 acres from Rl to C-G and Design Review for a structure adjacent to an entryway corridor. h. Applicant's Statement /Justification: The Applicant's narrative states, "J. R., LLC (Zamzow's) plans to improve the existing property on Overland Road by constructing a new retail store facility and a shelUcore facility for leasable retail spaces. The design and engineering of these improvements will be done by licensed professionals to meet all current code requirements. J. R., LLC and Zamzow's sincerely feel that the above described improvements will add to the success and flavor of the surrounding area and the City of Meridian." (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); June 4, 2007 & June 18, 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: Apri120, 2007 (Commission); June 1. 2007 (City Council) d. Applicant posted notice on site by: Apri130, 2007 (Commission); June 15, 2007 (Gifu Council) 6. LAND USE a. Existing Land Use(s): There are existing homes and outbuildings on the site that will be removed upon development of the property. b. Description of Character of Surrounding Area: This property is located near ahighly-trafficked intersection with commercial development proposed to the west and commercial properties across Overland Road to the south. There are existing residences in Jewel Subdivision to the north and east of this site. c. Adjacent Land Use and Zoning: North: Existing residences in Jewel Subdivision, zoned Rl (Ada County) South: Commercial property (Silverstone Subdivision), zoned C-G East: Existing residences in Jewel Subdivision, zoned Rl (Ada County) West: Vacant property, zoned C-G d. History of Previous Actions: This property is zoned Rl in Ada County and was previously platted as Lots 1-3, Block 1, of Jewel Subdivision and developed with residential homes in the County. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Location of water: There is currently water stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Issues or concerns: The applicant shall be responsible to install water and sewer mains to and through this development. Zatnzows Overland AZ-07-008 & DES-07-004 Page 4 ~I J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively. 4. Canals/Ditches/Irrigation: The Five Mile Creek runs along the north and northeast boundaries of this property. 5. Hazards: Vehicular access to this site -This site has frontage on Overland Road and S. Jade Avenue. 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 proposed from 5. Jade Avenue will be approved by ACHD Staff. Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: C-G 7. Size of Property: 3.32 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACRD in the location shown on the plan. ACRD will review the proposed access points to the site upon submittal of a development application. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road, an arterial street and entryway corridor. A 10-foot wide landscape street buffer is required adjacent to S. Jade Avenue, a local street. 2. Width of buffer(s) between land uses: Per City Code (LJDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. There are existing residential uses to the north of this site. 7. COMMENTS MEETING On Apri127, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions 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 properly as "Low Density Residential." The applicant is proposing a commercial zone (C-G) rather than a low density residential zone, as designated for this property. Further, the applicant is not applying for a Comprehensive Plan Map Amendment for the following reason: The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary and that the requested C-G zone and commercial use of this property would be more Zamzows Overland AZ-07-008 & DES-07-004 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 appropriate than a residential designation for the reasons stated below in Section 10, Analysis, for the AZ application. Per page 105 of the Comprehensive Plan, "Commercial" areas are anticipated to "provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." Staff fmds that the proposed for this property generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the Applicant is proposing a single access to Jade Avenue, a local street, approximately 220 feet north of Overland Road. A stub driveway is also provided at the west property boundary for future cross-access. ACFID has not yet reviewed or approved access to the site. City Staff is supportive of the proposed access to this site, as/if allowed by ACFID. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road is classified as an arterial street and is designated as an entryway corridor into the City. By City Ordinance, 35 foot wide landscape buffer is required adjacent to Overland Road and a 10 foot wide buffer is required adjacent to Jade Avenue. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of the proposed building on this site. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of fmal 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, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, and single- familyhomes. Staff finds that the proposed zoning to C-G is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for retail stores. 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 C-G zoning district. Retail Stores are listed as principal permitted uses in the C-G zone. Zamzows Overland AZ-07-008 & DES-07-004 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to current City Code, retail stores are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with a single 18,486 square foot retail building, parking, and access to the site. The Comprehensive Plan Future Land Use Map designation for this property is Low Density Residential. The applicant is proposing a commercial zone, rather than a low density residential zone as designated for this property. As noted above, the Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a Comprehensive Plan map amendment is not necessary and that the proposed C-G zone and commercial use of this property would be more appropriate than a residential designation for the follov~~ing reasons: 1) the properties directly adjacent to the site on the west and south are zoned C-G and designated as Commercial on the future land use map; 2) the site is located on the corner of Overland Road and Jade Avenue, which provides a good location for commercial property and an access point that is not on an arterial street; 3) a large portion of the homeowners within Jewel Subdivision have been pursuing the sale and commercial redevelopment of their properties through realtors; 4) the proximity of this property to a major intersection (Eagle & Overland) with heavy traffic flows; and 5) a large portion of this property and surrounding properties to the north, northwest, and northeast lie within the 100-year and 500- year floodplains and the floodway of the Five Mile Creek, making residences an unappealing use. However, because there are existing residences to the north and east of this site, and because the Future Land Use Map does designate this property for low density residential use, Staff recommends that the Commission and Council rely on any comments received from neighbors regarding the appropriateness of zoning this site commercially for retail stores. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the UDC for the C-G zone, Staff believes that the zoning of this site to C-G is in 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 March 8, 2007, by Russell E. Badgley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The applicant has submitted a concept plan for this site. The site is required to comply with the design standards listed in UDC 11-3A-19 because of the property's location adjacent to an entryway corridor. The applicant has submitted a Design Review (DES) application as required, with the subject AZ application. The concept plan shows one building consisting of 13,334 square feet for the Zamzow's retail store and 5,152 square feet for tenant retail shops (18,486 square feet total). The building is located on the northwest comer of E. Overland Road and S. Jade Avenue with parking proposed on the north side of the building. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated in this report. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, Zamzows Overland AZ-07-008 & DES-07-004 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 26, 2007 signage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-G zone. Building Elevations: The building elevations submitted with this application prepared by Richard F. Sinnard, Architect (Sheet Number A4.1 and dated March 22, 2007), are required to comply with the design standards listed in UDC 11-3A-19 because of the property's location adjacent to an entryway corridor. Staff has reviewed the elevations and fmd that they will meet the design standards outlined in UDC 11-3A-19 listed below if the Applicant complies with Staff's comments noted below. However, Staff is concerned about the appearance of the east elevation facing Jade Avenue, which is visible from Overland Road. The concept plan shows a 6-foot tall screen wall adjacent to the east end of the building. While this will help screen the loading area, Staff is concerned about the appearance of the east elevation from the street. Staff is requesting that the Applicant address at the hearing how the east end of the building/site will be designed (i.e. landscaping and/or any design features proposed for this area that will enhance tine view) and bring an illustration of the east end of the site as seen from Overland Road. Additionally, the Police Department has noted in Ezhibit B that they have concerns that the proposed development does not offer natural surveillance opportunities of the public areas. Further, the Police Department requests that prior to the City Council public hearing, the applicant 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 Applicant might consider flipping the east and west elevations so that the retail shops are on the east end, with Zamzow's on the west end, to provide a better appearance of the development from Overland with more windows and no loading area. Because the retail shops are recessed from the Zamzow's store front this would also create a more open view of the sate from Overland for surveillance purposes, as requested by the Police Department The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and with any revisions that the Police Department, Planning Department and/or City Council may have, as noted above. Existing Structures and Uses: There are currently residential homes on this property that will be removed upon development of the site. Access: The conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACRD in the location shown on the plan. ACRD will review the proposed access points to the site upon submittal of a development application. Hours of Operation: The applicant stated in the application that the hours of operation for the businesses on this site will be from 8 am to 8 pm, seven days a week. Landscaping: East Overland Road is classified as an arterial roadway and an entryway corridor into the City; as such, a 35-foot wide landscape buffer is required along Overland. South Jade Avenue is classified as a local street; as such, a 10-foot wide landscape buffer is required along Jade. There are existing residential uses to the north and east of the site; a 25-foot wide landscape buffer is required between C-G zoned property and residential uses (UDC Table 11-2B-3). All Zamzows Overland AZ-07-008 & DES-07-004 page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 26, 2007 landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi-Use Pathway: The proposed pathway network plan shows a portion of the City's multi- use pathway running along the southwest comer of this site. A 10-foot wide multi-nse pathway will most likely be required on this property, with the enact location to be determined with the approval of the Pathways Master Plan. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, respectively. The proposed building location is outside of this area. Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For commercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC 11-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Staff has reviewed the parking, drive aisles, and planter islands shown on the conceptual site plan and they appear to meet the aforementioned UDC requirements. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authorit3~ to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. 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 requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation 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 process. The DA shall include, at minimum, the following: All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. The site shall comply with all of the design standards listed in UDC 11-3A-19C, including the following: A continuous internal pedestrian walkway that is a minimum of eight feet in width shall be provided to the main building entrance from the perimeter sidewalk along Overland Road, Jade Avenue, and from the west property boundary for future connection to the planned sidewalk and street (Silverstone Avenue) adjacent to the west property boundary. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. • The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report and with the requirements of the subject Development Agreement. Zamzows Overland AZ-07-008 & DES-07-004 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 • The applicant shall be responsible for all costs associated with sewer and water service installation. • Direct access to this site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connection to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan submitted with this application. • A minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Jade Avenue in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. • At the time of CUP and/or CZC approval, a 10-foot wide multi-use pathway will be required on this property, subject to adoption of the Pathways Master Plan. • Sidewalks shalll be constructed along E. Overland Road and S. Jade Avenue. • Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. DES Application: Because the subject property is located adjacent to an entryway corridor, all structures proposed for the site are subject to the design standards listed in UDC 11-3A-19C, as follows (staff analysis in italics): 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof lute recesses and projections along a minimum of twenty percent (20%) of the length o~f the facade. The facade visible from Overland Road has modulations in the facade, roof line recesses, and projections that meet this requirement (38%). The facade visible from Jade Avenue has modulations in the parapet that comply with this requirement (37%modulation in height). b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The pn'mary building entrance for Zamzow's is defined by a tower (silo) element facing the parking area. The building entrances for the tenant spaces are defined by an awning over each of the entrances. The windows and awnings shown on the south elevation (Overland exposure) and the east elevation (Jade exposure) exceed the required 30% of the facade. c. Roof lines: F.oof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design incorporates 2 roof Zamzows Overland AZ-07-008 & DES-07-004 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Ji1NE 26, 2007 planes, two pcarapet heights, and a 2 foot tall cornice created by d~erent size, color and fznish of block, which complies with this requirement. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. The building design incorporates integral colored CMU (concrete masonry unit), glass, steel and corrugated metal. The main walls of the building are constructed of smooth face, :split face, and ground face block in 8, 10, and 12 inch sizes with four difference colors, which complies with this requirement. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. All mechanical equipment will be screened by the parapet as required. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete black, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The building is proposed to be constructed primarily of integral CNIU with various finishes and textures, with steel and con ugated metal as accent materials, which complies with this requirement. 3. Parking Lots: Nc- more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the princiLoal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. None of the off-street parking is located between the front facade of the structure and abutting streets, which complies with this requirement. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8 foot wide walkway is proposed from the main building entrances to the sidewalk along Jade Avenue. Additionally, a walkway that meets the above stated requirements should be provided to the sidewalk along Overland Road and the future sidewalk along the road planned adjacent to the west property boundary (Silverstone Avenue). b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is required to the west property line and Overland Road do not cross any driveways. The required walkway to Jade Avenue should be distinguished,from the vehicular driving surface as stated above. c. Walkways at Least eight feet (8') in width, shall be provided for any aisle length that is greater tha~i one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. Less than 1 SO parking spaces are provided on this site and ctll parking spaces are within 200 feet of the building entrances. This requirement is' not applicable to this site. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an awning over the entrances of all of the tenant spaces and a silo design feature over the entrance to Zatnzow's, which complies with this requirement. Zamzows Overland AZ-07-008 & DES-O7-004 Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 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 requirements of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of the subject application AZ-07-008 (and DES-07-004) with the Development Agreement provisions listed in the in Ezhibit B of the Staff Report for the hearing date of May 17, 2007. The Meridian Planning & ZoninE Commission heard this item on Mav 17, 2007. At the public hearing they moved to recommend auuroval of the subiect AZ (and DES) request The Meridian City Counci eard this item on June 26. 2007. A he nnb is hearin hey annrov d he ubi A7, fan DESI reauest. 11. EDITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Development Plan (dated: 5/4/07) 3. Conceptual Building Elevations (dated: 5/4/07) B. Agency and Department Comments C. Legal Description D. Required Findings from Unified Development Code Zamzows Overland AZ-07-008 & DES-07-004 Page 12 CITY OF MERIDIAN PL ~ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Conceptual Development Plan (dated: SJ4107) ~~ ". " ,._,_~.. _ _w`s ..~ ~~ .-0 3r ~;: ~~ ~ . d °• .K ... Y, ~. , ~~"~ ° --_ s:..:~ m «,. ~~,~ . er ~t, s ~&..T: ~ 3 r span v.~ _~ . _ __., ~ _.a~ .. ~ ~ a aaset i. PawTVy. stn -~ ~ _-.-- `~ P ~~~ ~ I i= ` ti* ~,~'-~ ii 54 t ~ . °'~ ~'' ~; i 1~"°"" '1y• g41 4^ Exhibit A Page 2 July 6, 2007 MI 07-003 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT David Waldron ITEM NO. 5-G REQUEST Addendum to Development Agreement -Request for a MI app for modification of existing DA to remove Item 6.1 which requires procurement of detailed CUP prior to development use of each lot within the sub for Sparrowhawk Subdivision Nos. 1 ~ 2 - n/o Franklin e/o Locust 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 Addendum to DA a ~~ ~~~jl,~yU Date: 7 7 Phone: ~3lr~~ o-.U[ IJ~G) C-~_ C~D~,bl~e.U/~. ~Q,~ S aft I itials: _~ Materials presented at public meetings shall become property of the Cffy of Meridian. DAVID E. WALDRON • DEVELOPMENT ARCHITECTURE PROJECT MANAGEMENT ~~~- ~1, TRANSMITTAL: Cif ®t' Cit3' Cle~ ~~arz TO: Tara Green CO. City of Meridian FAX: RE: Addendum to Development Agreement - Sparrowhawk Sub FROM: David Waldron DATE: 7-2-07 PAGES: CC: Find enclosed the subject Addendum that has been signed and notarized. 80 West Cottonwood Court, Suite 150 Eagle, Idako 83616 • P 208-938-4688 F 208-938-5076 e-mail: davidw@cableone.net ~. ~, • ~. .t ., ,~ crrv of <'~' ~_ ~_ . a ,~~ ~YlG~1G~ l2 IDAHO 5 F~F /. DER O{Bie TREhSI:RE ~~V~Y S~INC+/E/ I ~g~3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 -Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 June 27, 2007 David Waldron SO West Cottonwood Court Suite 150 Eagle, ID 83615 Re: Addendum to Development Agreement - Sparrowhawk Sub No.1 ~ 2 ~A 107-003 Dear Mr. Waldron, Enclosed please frnd the original Addendum to the Development. Agreement for Sparrowhawk Subdivision No. 1 & 2, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of IVleridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-388-4433. Sincerely, C~~~' ~- - Tara Green Deputy City Clerk enc. ~I'I'Y HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ~ AoA cou~rv RECDRDER a. ~ NpuARRO Asooui~r .o0 4t oaisE iDaKO o~~~o~ oxs~ DEPUTY Vicid alien ~~~ ~~~~~~~~~~~~1~~~~~~~~~~~~~~~~~ f ~~~ RECORDED-RE9UEST OF 10?0~'3'~~~~ Ctiy of Meridian J ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sparrowhawk, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 13th day of November, 2001. This addendum is made and entered into this day of h~C,A~1 , 2007, by and between CITY OF MERIDIAN, a municipal corporarion of the State of Idaho, hereafter called "CITY', and SPARROWHAWK, LLC, whose address is 80 W. Cottonwood Court, #150, Eagle, Idaho 83616, hereinafter called "OWNER/DEVELOPER". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 101135901), approved on 13~ day of November, 2001 and recorded on December 24, 2001 on the land described in Exhibit "A", except as specifically regarding Section 5 "DEVELOPMENT IN CONDITIONAL USE" and Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY". 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 Section S "DEVELOPMENT IN CONDITIONAL USE" of the original Development Agreement, Instrument # 101135901, approved on November 13, 2001, be deleted. 3. That Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the original Development Agreement, Instrument # 101135901, approved on November 13, 2001, be amended as follows: 6.1 "The development and use of each lot in this subdivision shall be governed under the city's Un~ed Development Code. Exceptfor the storage units on the north side of this property, all buildings shall be subject to administrative design review approval as set forth in UDC 1 ~-3A-19. " 6.2 "Prior to the issuance of the next building permit within the ,Sparrowhawk development, the Applicant shall submit an engineering design, obtain City approval for, and construct a drainage system to contain drainage from the undeveloped portions of the project. " ADDENDUM TO DEVELOPNfENT AGREE1VIfiNT (MI 07-003 - SPARROWHAWK SUBDIVISION NOS. 1 & 2) PAGE 1 OF 4 4. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Develaper", 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. 5. 1 his 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/Developer" of the "Property", each subsequent owner and any other person(s) 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 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/Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 6. 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. '1. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter herein, and there are no promises, agreements, conditions ar under- standing, either oral or written, express or implied, between "Owner/ Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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 tb.e 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. S. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (1VII 07-003 - SPARROWHAwK SUBDIVISION NOS. 18c 2) PAGE 2 OF 4 • ACKNOWLEDGMENTS IN 'WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SPARROWHA-WK, LLC BY: ' David Waldr CYTY OF MERIriIAN BY: Mayor Tatum d eerd ~ Attest: ~~~ ~ ~~~ ~~ ~. ~~ 1 O - - ~~.~L = William G. Berg, Jr., City C ~ k ,~~' ;~ _ ~,. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-003 -- SPARRO~VHAWK SUBDIVISION NOS. 1 & 2) PAGE 3 OF 4 • sTATE of IDAHO ) . ss: County of Ada, ) • On this ~~day of 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared David Waldron known or identified to me to be the managing member of Sparrowhawk, LLC, who executed the instrument, and acknowledged to me that he executed the same on behalf of such 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. J. IyOTARY :. .* ~.~ ; PUBLIC STATE OF IDAHO ) ss Notary Pub 'c f r oho Residing at. r s ...~~ My Commission Expires: ~ 2 0~ County of Ada Un this day of ~u 1 ~ _, 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 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 otary Public for Idaho Residing at: ~L~t~C,~ n Commission expires: -d-1 1-l 1 ADDENDUM TO DEVELOPMENT AGREEMENT (Mi 07-003 - SPARROWHAR~K SUBDIVISION NOS. I & 2) PAGE 4 OF 4 • $'KIIIBI'~A ~~~~~ ~~ Aparcel of laaid located in the SIJ2 of Sectl~on 8, T.31~t., RIB., B.M., Aida Couruy~ Idaho more partlculaxly deeezi6ed as frrllows: Co-ciag apt the SW carerer of Bald &ecbl+an 8 tra~an which the SI/4 corner of eagd Section 8 bears Nw th 89°37"0x' Bast, 2645.88 fcet; thence along the South boundars- liar of said Seetiion 8 North 89°5'7'00" Past, b61.20 feet to the RBAL DINT OP BBt~INNIN4; thence leaving said South batmdaty~ltr-e hforth 00°Ol'S9° Bast, 284,11 feet; ther<ao Nortb $9°37'18" Past, 331.00 feet; theidoe North 00°0153° Bast 198.00 Beet to a point oa the South bowndary ltx-e of Cosset Gaove I~3uertrlal Park Subdtvis~lon as Bled in Hoak 41 of Plets at Paga 5391, records ofAda County; Idaho; . thence along said l~auth boundary line North 89°37'18" East, 1658.46 Beet m fire aouth~st eore~+r of said Y.ocust Cxove Lndustrial Pack Sabdivisiaua; tlucnce along the NoRh-South ae~ed~e of said Secdon 8 Saucth 000'17" West, 355.88 f~ thence leaviag said North-South oe~nterltnc Soucth 84x37'00" West, 100.00 f~ . thence South 40°00'1 T W est,127.00 fleet w a point os~ the South botutdauy ]inc of safd SeCdon 8; tbenae along said South bouadmy line South 89°37"00° Walt, 1884.69 feet to the Real Point of ~, contaixdng 20.20 acncs, nwce or lees. • • . - ~ R~CRBDEU-RCQU~ST 0£ ApA CQt1ttTY R~CUROER ~aat ~~ z4 ~ 1~ ~2. ~~ ~' . i ~ I t 3590 b ~~~ c~nr T3EVEL{~PMEN'T AGREPNxENT PARTIES: 1. City of Mexldian 2. I}. Axlene Stutzman, Owner ' 3. Sitzlar Real Estate Developmennt, I.LC, A~loper THIS JaEVELOPI4~~NT AGRE MENT (this "Agreennent"), is made and entered into this~_ day of Q ~~ ~z ~i 2~ 1 • by and between CITY Op MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITX", and D. ARLENE STUTZM~ANS hereinafter called "OWNER", whose address is 1184 Cathy Lane, Meridian, Idaho 83(x42, and SITZLAXi. REAL ESTATE DEVELOPMENT, LLC, hereinaftex called "DEVELOPER", whose address is 1245 W. Hempstead Dr., Eagle, Idaho 83616. 1. RECI'TA~S: l.X WHEREAS, "Qvtmer" is the sole ownez, i.n law and/or equity, of certau- tract of land in the County of Ada, State of Idaho, desc7ibed in Exhibit A, which is attached hexeto and iyy this reference incorporated herein as if set forth in full, herein after referxed to as the °Property"; and ':t.'11:i.11L''.~: 1.2 ~+V>F~, X.C. X67-651 IA, Idaho Code, provides that cities may, by ordinance, r or permit as a condition of re-zoning that the " ~" ~~ "beveloper" make a written commitment co` ~''~Srthe use~'bx development of the subject "Property"; and I.3 VVFiERFAS, "City° has exercised its statutory authority by the enactn-ent of Chrdinance 11-15-12 and. 11-16.4 A, which authorizes development agreements upon the annex~tt3on andlox re-zoning of land, and 1.4 WHEREAS, "Owner"!"X]eveloper" has submitted an application for annexation and zoning of the "Property"s described in Exhibit .A, and has requested a designation of DBV~I.OPA~TT At3RS$M$r~7T (AZrOQ-024) - I (C-G} General Retail and Service Coal District, (Munidpal Code of the City of Meridian); and 1.S WHSR]PAS, "owner°/"Developer" made representations at the public hea~dngs boat before the Merldiar- Planning b"Ec. Zoning Commission and before the Meridian City Council, as to how the subject "l?roperty" will be developed and what improvements will be made; and 1.6 WHEREAS, record. of the proceedings For the requested annexation and zoning designation of the subject "Property" held before the Plannfx-g & Zoning Commission, and subsequently before the City Council, indude responses of government subdivisions pmviding services within the City of Meridian planning jurisdiction, and received further testimony and• comment; and 1..7 WHEREAS, City Gouncil, the ~~ day ofcT ~0 ~ ,has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in fttll, hereinafter referred to as (the "Findings"); and l .$ WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a d~evelopnnent agreement before the City Coundl takes final action on annexation and zoning designation; and 1..9 "OWNER" and "DEVELOPER" deems it to be in its bit interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and I.IU WHERBAS, "City" requires the "Owner'° and "Developer" to enter into a development ag,~eement for the purpose of erssuriztg that the "Ptaperty" is developed and the subsequent use of the "Property" is in accordance with the DBVELOPMF.NT AGRE~iilEN'P {AZ-o0-024) - 2 • +r terms and conditions of this development agreement, herein being established as a result of evidence received by thecity" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jwrisdiction and from affected property owners and to ensuxe annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December ,~ 1, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF R>~C1TA1.S: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, teams, and phrases herein contained in this section shall be dei?ined and interpreted as herein provided for, unite the clear context of the pxesentation of the same requires otherwise: 3.1 "CI'T'Y": 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 e~tisting by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "D$VELOFER~: means and refers to Sitzlar Real Estate Development, LLC, whose address is 1245 W. Hempstead Dr., Eagle, Idaho 83616, the party developing said "1roperty" and shall include any subsequent owner{s~/developer(s) of the "Pxoperty". 3.3 "OWNER": means and refers to D. Aaclene Stutzman, whose address is 1184 Cathy Lane, Meridian, Xdaho 83642, the party awning said "Property" described in DBVBL,OPIU~N'P A~REEI~iT (A~0~-024) - 3 Exhibit "A", and shall include any subsequent owner(s) of said "Property". 3.4 "PROPERTY": means and refers to that certain parcel{s) of "Prpperty" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporates herein as if set forth at length. 4. USES i'ERM~TTBD fiY THiS AG11+iBNT: 4I The uses allowed pursuant to this A,greernent are oxily those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section _7.z rI0 which axe herein specified as follows: ~(C G) GeiaBral Retadl and Sarv~ca Coanmerc~cr Aistrict: The purpose of the C-G District is to provide for commerdal uses which are customaxily operated entirely ox almost entirely within a buddia~g; to provide for a review of the impact of proposed commerdal uses which are auto and servfice oriented and are located fn close proximity to major highway or arterial streets; to fulfill the xteed of travel related services as well as retail sales for th+e transient and permanent motoring public. All such districts shall be connected to the Muniapal water and sewer systems of the City, and shall not constitute suip comrnerdal development nand encourage clustering of commercial develapmer-t. Corrstructlun and development of a 31ot commercial subdiv~fon. 4.2 No change in tote uses specified in this Agreement shall be allowed without modiflration of this Agreement. 5. DEVEL4PMEN7C IltT CONDI~'iONAL USE: "Ownerp!"Developer" is required to submit to "City" an apglicaxiort for DEVELOPMENT AO1t~Etv1>31d'l' (A2.00-07A) - 4 • conditional use permit, and shall be required to obtain the "City"'s approval ihexeof, in accordance to the G~tty's Zoning & Development Ordinance criteria, therein, provided, prlox to, and as a condition of, the commencement of consor~uction of azry buildings or impxovements on the "Property". 6. CONDfT70NS GOVERNYNG pE~LOPMENT OF SUBJECT 1?~i.OPF,RTY; 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following spedal wnditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.l The development and use of each lot in flute subdivision will occur only throw the Conditional Use Permit process. 6.a Due to the single-family use abutting Lot 1, Blodc 1, a minimum 2S foot wide planting strip, in accordance vaith City Ordinance 12-13, i$ required along the property lines abutting the residential lot and shall be a condition attached to this property. 6.3 A minimum 10.foot wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road. frontage. d.4 A minimum 3S foot wide landscape street buffer, platted as a separate common lot, shall be required beyond the future xight-of-way line along the full F'rardcl~in Road frontage. 6.S A detached sidewalkwith aminimum S-foot-wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. DEVETAIT AGRBEMENT (AZ-00~024) - 5 • • 6.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing yr kying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-413 and plans shall be approved by the appropriate irrlgat#on/drainage district, or lateral users association, with written cordlrnnation of said approval submitted to the Public Works Department. 6.7 Any existing domestic wells and/or septic systems within this project wlll have to be removed from their domestic service per City Ordinance Section 9-k-4 and 9-4-8. Wells maybe used for non~ar~nestic purposes such as landscape irxlgation. _ 6.8 Two-hundred-fifty- and 104-watt, high-pxessure sodium streetlights will be required at locations designated by the Public Workks Departmem. All strcetlights shaIl be installed at subdivider's expense. Typical Locations are at sheet intersections and/or fire hydrants. 6.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections II-k3-4.C. and 1 ~-S-2.M. 6,10 Off street parking shall be provided in accordance with the City of Meridian Qrdinance 11-13 for use of property. 6.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City P.x~ineer (Ord. 557. 14-1-91) for all off-street parking areas in th,e proposed future commercial lots. Akl site drainage shall be cont$ined and disposed of on-site. 6.12 All slgnage in the proposed future commercial lots shall be in accordance with the standards set foxth in Section 11-14 (or subsequently adopted oddnance) of the city of Meridian Zoning and Development Ordinance. No DEVB~.OpMENTA(3RE~MENT (AZ~OD-ox4) - 6 ~ i temporary slgnage, flags, banners or flashing signs will be permitted. 6.13 Provide dive-foot ~v1de sidew-altcs in accordance with City Ordinance Se~ion 1Z-5-2.1C 6.14 All construction shall conform to the requirements of the Americans t~vith Disabilities Act. 6.15 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall he required to inform prospective buyers of fire lots that clustered, off set setbactcs and creative design shall be encouraged and development representing any farm of strip development is not allow~l. Adopt the Recommendations of the Ada County Highway District dated Febniary 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about Febniazy 28, 2001. 7. COMp'LI,ANCE PERIOD/ CUNSENT TO REZONE: This Agreement and the cominiunents contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/"Developer" or "Owner"!"Developer"'s heirs, sLUCe~ors, assigns, to comply with Section d entitled "Conditions Goveming Development of subf ecx "Property" of this agreement within two years of the date this Agreer~tent is eflectatve, and after the "City" has coxnplied with the notice and hearing procedures as outlined in I.C. ~ 67-6509, or ax-y subsequent amendments or recodiHcations thereof. s. CorrsaNT To D~a.ANNEZ~TION aND RE~re~tsAY. OF ZONING D]ESIGNATlO1V: "Owner"I"Develop-er" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions pretrdent to-^~vit: .DEVBLUPMBN'r AOREEl1~IT (AZ-OOa024) - 7 .._ ! • 8.1 That the "City" provYde wrYtten notice of any fa~llure to COm~ly w1t13 this AgTeeIYlent t0 "Owner"f `DeVe10~Cr" anCl • if the "Owner"`Developer" fails to cure such failure within six (6) months-of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any portion ar 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 iasgectlons 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 x?evelapment. 10. DEFA'UI.,T: X0.1 in the event "Ownrar"1"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" ar any other person a~cquir3ng an interest in the "Property", fail to faithfully comply with all of the terms and conditions induded in this Agreerr-ent in coxutecdon with the "Property", this Agreement may be modified or terniinated by the "City" upon compliartoe with the requixennants of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rig~its or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. ], 1. REQUIREMENT POR RECORDATIOAT: "City" shall record either a memorandum of this Agreement or this A,gree~ment, including all of the F.xhihits, at "Owner"/"Developer"'s cost, and subedit proof of such recording to "Owner"/"Developer", prior to the third xcading of the Meridian Zoning Ordinance in connection ~vlth the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the qty Council fails to adopt the ordinance in connection with file aar+nexation and zoning of DBVELOPMENI' AGR$EMBNT' (A7~OD-024) • 8 the "Property" contemplated hexeby, the "City" shall execute and record an appropriate instrument of release of this Agreemen. X2. ZOI~I'xNC. "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as spedfied herein. 13. ItEMELDI~S: This Agreement shall be enforceable in any court of competent ~urlsdicdon by either "City" or "Qwner"/"Developer", or by any successor or successors 9n 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 spec3t~c performancRe of the covenants, agreements, conditions, and obligations contained herein. 13. ! In the event of a material breach of this Agreernem, the parties agxee that "City" and. "£)vvnes"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching paxty's seeking of any remedy provided for herein; provided, ham, that inn die case of any such default which camz-ot with diligence be cured within such thirty (30) day period, if the defamdting gamy shall commence to cure the same within such thirty X30) day period and thexeaftex shall prosextrte ~C-e curing of same with diligence and continuity, then tine time allowed to cure su~cY- failuze maybe extended for such period as may be necessary w complete the curing of the saase veith diligence and condntaty. 13.2 In the event the performance of aay covenant to be performed hereunder by either "owner"r`Ueveloper" or "City" is delayed far causes which are beyond the reasonable control of th+~ party responsible for such performance, which shall include, without limitation, acts oP civil disobedience, strikes or similar causes, tiie time for such performance shall be extended by the amount rf time of such de-ay. DEVELOPM»TA~E>~1'F (A7~OO-42a) - 9 14. SURETY OF PEIRFORIVJHNCE: The "City" may also require surety bonds, ixxevocable letters of cxedit, cash deposits, certiEed check or ne~tiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner°/"Develape~r" agrees to provide, if zequired by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"17eveloper" agrees that no CertiC~cates of Ouupancy will be issued. undl all improvements are completed, unless the "City„ and "Owner"/"Developer" have entexed into an addendum agreement stating when the improvements will be completed fn 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". z 6. ASIDE 8'Y ALL CITY ORDINANCES: That "Ow~ner'7"Developer" agrees to abide by all ordinances of the City of Meridian and the "Px®perty" shall be subject to cie-annexation if the owner or hfs a~igns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Arty notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when per~nally delivered or three (3) days after deposit in the United States Mail, registered or ceretfied mail, postage prepaid, return receipt requested. addressed as follows: Cl'I'Y: da City Engineer City of Meridian 33 E. Idaho Ave. M+~ridian, ID $3&642 DEVELOPER.: Sitzlai Real Estate Development, LLC 1245 W. Hempstead Dr. Eag)e, Idaho 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. OWNER D. Arlene Stutzman 1184 Cathy Lane - Meridian, Idaho 83642 DBVELOPMENT AGiREEMENr (A7r0U-024) -10 Meridian, ID 83642 17.1 A party shall have the right to change its addressby delivering to the other parry a written notification thereof in accordarbce with the requirements of this section. 1$. .~1.1'T41tIVE1C PEES: Should any Litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shaIL be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detexmirted by a Court of coiripetent jurisdicxion. his provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME YS QP T}~E ESSENCE: 'x`he parties hereto atLatiowledge and agree that time Is strictly of the essence with respect to eaeh 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 oilier parry so failing to perform. 2U. BINDYNG ~'Ol~d SUCCESSO1t.S: This A,greerinent shall be binding upon and inure to the beneAt of the parties' respectn-e heirs, successors, ass3g~.c and personal representatives, including "City",s corporate authorities and their successors in office. This Agreement Shall be binding on the owner of the "'Property", each subsequent owner and airy other person acxluiring an interest in the "nroperty". Nothing herein shall in anyway prevent sale or alienation ofr the "Property", or portions thereof, except that any sale ox alienation shall be subject to the provisions hereof and any successor ovbmer or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written ' request of "Owner"I"beveloper'°, to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Oavner" /"Developer" has fully performed its obligations under this Agreement 21. INVALID PI~O'VxSION; If any provision of this Agreement is held not valid by a court of cx~xrnpetent jurfsdiction, such provision shall be 17EV~LOPD~6NTAGREI3A~(A2-Qa-~3Z4j - II • deemed to be excised ficom this ,Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. PXNNAL ACYREP~IM~NT: This ~•eement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/"Developer" and "City" relative to the 8ub~ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written. express ax implied, between "owner"/"Developef' and °City", other Chart as are stated herein Except as herein otherwise provided, no subr~quent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and sigactted by them or thew successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses andlor conditions governing development of the subject "Property" herein provided far can be modified or amended without the approval a~f the City Cotuidl after the ""City" has conducted public hearingts) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed axrtendmertt ~3, g,~+FEt;TDIE DATE OP AGREEMENT: This ,Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinances in corutecctiion with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGRNT (AZ~aD4.OZ4) -12 AC~iOWLEDGMENTS Il'rT WI'lTJFSS WHEREOF, the parties have herein executed this agreement and Made it e~ect9ve as hereixtabove provided. s~rzl~u~ I~-x. Esx~~rE DEVELOrr~~r, xa[.c s xcm Sitalar, er BY: Iceliy infer, ~ CITY OF lYIER~IAN BY: ~~ D. CORRIE Attest: ~~~ ~ CITY CI.FRK ~ ~, DE'VELpPM®V'P AC'rR~ {AZ-DO-0?.~) -13 STATE OF IDAHa) COUNTY OF ADA) :ss On this da : f !7 o u e,,., ~c r , in the year 2001, before me, , a Notazy Public, personally appeared Ron Si , kn ox identified to me to be axt autharfzed member of Sitzlar Real Estate Developmernt, C.Y.C, to act on behalf of the linnited liability c3on~~r-y, the person who executed the instrument, and acknowledged to me that she(~igZ executed the same on behalf of Sitrdar Real Estate Development, LI.C. +~ ~'h ~ ~: '?t •~ +~ f ~~or.~ y +_ . p1'~ ~ ~ i,y~~l. ,Fn.'s ~~.r rr f Q~ ~~~ S_~'- ~TA1OF IDAHO) :ss CfJUN1'Y OP ADA.} Ju , Notary lic for Idaho Commission expires: $ - ~ 3-~oZ n 3 day of a in the year 200I, befaxe me, a Natary Public, personally appeared I fly Fulfe ,known or identified to me to bean authorized meacnber of Sitzlar Real Estate Development, LLC, to act on behalf of the limited !lability company, the person who exesvted the instrument, and aclaiowledged to me that she(he)Aexecutedche same on behalf of Sitzlar Rest Estate Development, LLC. ;t; .,,Y~~'¢:.~.v.1,,,y ?4 ~ 's~ ~' ~a ,~ a r eiP~ Notary lic far Idaho Cammission eacpizes:, ~-~3 aoo~_ . -.+~ DEVBiAPM$Nf AGREENJ~' (AT~00-Q24) -14 STATE OF XDAHU !55 County of Ada On this 2of~' day of l~J~+~~ber, , in the year 2001, before me, a Notary I'ublfc, personally appeared Robext D. Cowie and Willfam C. Berg, lrnow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who exLeruted the instrument or the person that executed the instrument of h f sald ~:ity, and ackr-owledged to me that such city executed the ,~ ~ 8~~ a $Q~~~ (SFAI.) ~ ~~ O N Publfc for Idaho C on expires: w~,2%~ z~wock~M-Mec~nu+~a~. xss6o~sp~ro~t~~e~to~-~r DEVSLOPMEDJTA[iR~(AZ-00.024) -15 - .~_ . • ~ A ~.gg~e~il-tian Of Propertn A parcel of land located in the SI/Z of Section 8, T.9N., R IE,, B.M., Ada. County, Idaho more partfculaxly described as fallovvs: Co~nmmg at the SW corner of saki Section 8 from xMrh the SI/4 a4rner of sAid S~adton $ beans North 89~7'OOp East, 2G45.88 feet; thence along the South boundary Tine of said Section 8 North 89°37'00" East. ta6L20 feet to the REAL PGYNT OF BEGINNING; thence Ieavic-g said South boundary line North OO°O1'S3° East, 2$~.l 1 feet; thence North 89°37'18" East, 331.00 feet; thence North 0O°OI'S3" East I98.0O feet to a point vn tL~e South boundary line of Locust Grave Industrial Farlc Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada Cownty, Idaho; thence along ssiri South boundary line North 89°37'] 8° East, 1658.6 feet to the southeast coriapc of sand. Locust Grove Industrial lark S'ubdlvision; thence along the North-South eenterli~ne of said Section 8 South 00°Otf'l7" ~Yest, 555.8$ feet; thence le¢~ving said North South centerl#ne South 89°37'00° !Nest. YOV.oo feet; thsncx South OO°OO'I7" 1Nest, X27.00 feet to a point on the South boundary line of said Secaian 8; thence along said. South boundary line South 89°3T00°'West, I884.b9 feet to the Real Paint of Beglnning, containing 20.20 acres, mare or Ie®s. DEV6I.OPIv~ITANi' (AZ~QQ-024} - i6 • Find~n~s of Pa~ax-.~, Conclu~s~lon; DEVELOPMENT AGRBII4~+TT (~~0-~~F) • EEFORB''l~ MERmL91~T QTY COUNCIL c!c oa.os-oI n+r T~IIa n~TTER OF Try A,PPI.YCATION OP SITZLAR REAI. ESTATE DEVELOPNIBNT, I.LC, T~ APPLXCA.T`YON PO~lt AP,iNEo~LATYCIN AND ZANING flP 20.20 ACR$S FOR A DB'VBLO~MENT Ol: A 3-X.OT GOMNYLRCXAL S[J:BDIVISIOI+1 To ~~ xavoWN As sPA~ROw~HAwx SUBDIVISYON, LQCATBD AT THE NORTHEAST CORNER ~OF NC1LA ROAD AND FRANIQ.IN ROAD. N1ARIDl'AN, IriA~TO Case Na. AZ-o0rOZ4 l~1DxNG5 OP PACT AND COATCI.U3ION3 OF LAW AND DECISION AND OgtDIQR GRt~lYTxNrG AYI"Y~CATION FOR ANIVE7f1lTYON' AND ZONING The above entitled annexaticm and zoning application having Dome on for publ3~c healing on Febniary &, 2011 i, at the hour of 6:30 p.m., and Shaxi Stiles, PXaxuifng and Zoning Administrator, appeared and tear9fled, and appearing on beha]F of the Applfeant was Shawn NYd~d, and appearing sod testifying with comments and/or concerns was Jahn Anderson, and the City Coundt having duly considered the FINDINGS C}F FAC:'~ AND CQIVQ.USIONS OF LAW - Page I AND DECISION AND ORDER GRANZ iNG A,PPI,YCA'Z'IQ1~T POR ANNEXATION AND ZONIAIGJBY 5IT"Q AR REAL ESTATE ~EVEI.oPIv~Nr I.I,c r sPAlzltOwl~vvlc sus. ~ tAZ-oo-o2~a erndence and tine recosd in this matter therefore makes the followuig bindings of Fact and Conrlualc~ns of Law, and Decision and Order. PIND~NGS UP PACT 1. The novae of pub~iC hearing on the agplft~tion for annexation and caning was published for two (2) conse~ttive weeks prior to safd public hearing scheduled for February 8, 200I, before the Cty Coundl- the Lust publication appearing and. written notice hamtng been mailed to PrnP~'Y owners or purchasexs of r~rd within three httitdxed feet: (3tf0') of the external boundaries of the prapextly under consideration more than Afteen (15) days prior to said hearing and with the notice of public h~ring i~a~ing been posted upon the property under consideration more than one v-reek before said hearing; and that copies of all notices were made available to newspaper. radio and, television stetsons as public service annourtrntr~ents; and the natter hav;ng been dulTv considered by the City Cowndl at the Pebiuary 6, 2001. public hearixt~ and the applicant, affected property owners, and government st~dIvlsions pmvtdin,g serve wlthsn the planr-ing jwoisdiction of the Gity of Meridian, having been gsven fall opportunity to express comments a}td submit evidence. 2. There has been compliance with all nodes anti hearing recluirea~nents set Earth in Idaho Code $§ 67.6509 and 6?-6511, and Nl~ldian Csty Code ~~ 11-15 5 and ll-lb-I. PINDIi~TGS OF PACT AND CaNCLUSioNS QF I,Aw - rage .~ ANxrDECrsxorr AiVD aRDEF. GRAI~ITINC AP~C~iTIOI~T FOR Aii`11•TLXA'T,CON AND Za1gTTNClBY Sl'I`ZLAIt RP.A~. ~S'!'A'7`E DEVELOFA~NT LLC! SPARROIM~IA~VK SUB.! 4.~z-oa•02~) i ~- 3. The City Council takes ~udidat notice of ~ toning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the ~Y of Meridian adopted December 21,1993, pr~nance No. 629, January 4,1994, and maps and the ordinance esxab]ishing the Xmpact Area Boundary. ~;. The property which is the ~ubjert of the application fax anneacation and tuning ie described in the ap~pliimtion, aAd by this reference is incorporated hereixt as if set forth in fill. 5. The praper~y is approadmatety 20.24 acres in size and is located at the northeast corner of Nola Road and Franklin Road. The property is desigr-ated as Spaxra~-hawlc Subdivision. 6. The owner of record of the subject property is D. Arlene Stutzttt2-n, of Meridian, Idaho. 7. Applicant is Sitzlar Real. F~tate Development LLC., of Eagle, Idaho. 8. The property is pzes~tly zoned by Ada County as RT, and consists of residemial and open gtaund. 9. The Applicant estbs'tlte PrnP~Y be zoned as C-G. 1D. The ~b~ect prop~.y is bordered tiQ the north by Locust Grove Industrial Park, vy ~ Pstates Subdivision ~ Ada County to she south, a Meridian school site to the east, a side family residence to the northwest. and dty FINDIlVGS flF FACT AND CaI~ICLUSIONS OP LAW - page 3 AND DEQSIt}lV AND O1tDIIS GRANTING APPLICATION FOR ANNE~CATION AND ZONINGBY SITZLAR REAL ESTATE DEVIrLOPNIENT LLC ! SPARB.OWHAWIC SUS.1 {AZrtl0-024) • • llm~ts of the ~.y of Merld~,x- Qi+e adjacent and at~ut to the math and east of the subject property. 11. The pmPertY'whirla is the sulaject of this application is tivlthlr- the Area of Impact of the G"ity of Meridian. 1~, The entire parcel ~ ~Cluded within the Meridian Urban Sennce Plaiuling Area. 13. 7'he Applicant proposes to develop the subject prop~y ~ ~ Foilawing manner. develop a 3-lot comr~rcial subdivIs~ton. 19~. '1'% Applicant rajt~tes[s zvnl~g of the 9ub~ect real property as C-G which is conststant with the Meridian ~Comprehe~stve flan Generalized Y,azid Ulu Map which designates the subj~ property as Mixed/Planned Use Development. 15. There are na sl~xt~m ar scenic Features of major iatpoxtance that affect the consideration of this applic~tlon. 15. The City Cotiu~dl appreciates and recog:dzes the concerns of Milo O. Elston who submitted a letter on January 3, 2Uti 1. 17. Giving due consideration to the ~~ received from the ~~+~ntental subdivisions proE~iding services in ~ G'i~- of Meridian pianniag jurisdiction, public Facilities and services required by the proposed development will not impose upon the public if the follawitig condis9ons of development are impaled: FINDINGS Dp N AND ORDER GRAN ITING ApPLLCATION Page ~ AND DHCISIO KORAN ~~ Lei C I~SPAIBROWH~-WIE 5~~. / (~'~~~ - DEVELO CJ Adopt the Recam~r-endatians of the Planning awl Zoning and Engineering staff as faAovrs: I 7.1 Applicant shall be requiired to enter fnto a Development Agxeement with the Catty as a condition of annexation. 17.2 A, ronditiott of the De~relopment l~reement shall be that development and case of each lot in this subdhrision will occuur only through the Canditfarral U'se Petwnit graces. 17.3 Due to the single-wily use abutting Lot 1, Block 1, a minimum 25- foot~vide planting strip, fn actordattce with Chy Ordirtai-ce 12-13, is required along the property lines abutting the residential lot and shall be a condition attached oo this property in the llevelopmcrtt AgFeeernent. 17.4 A mf~niawm 10-~faot wide landscape street buffer. plazted as a separate common lot. shall be required beyond die exisbtng ri;glit of wary line along the full North Nola Road fr+nr-tage. 17.5 A minimum 35-faot~vYde landscape street buffer, platted as a separate common Iot, shall be required beyond the hrttue right-o~aY !fr-e ato~g the full Fra~aklin Road frontage, 17.6 A detached sfidewallc with a minimum 5•foot~ride planter strip between the curb and sidewalk shall be requited along the Prartldin Road frontage. 17.7 All irrigation ditclu~, laterals or canals, exclusive ofnatural waterways. intersecting, trassing or lying adiacent and ~ntitguouis to the parcel shaIl be tiled per City C-rdinatue 12.4.13 and plans shall be approval by the appropriate indgatiorld~ge distsltx, ar lateral users association, with written coriflcmadan of said approval subrnltted to the Public Worl~ Department 17.8 Any existing domestic wells and/ox septic systems within this project wiu have to be xemoval from them domestic servlc~ per City Ordinance Section 9-I-4 and 9-h-$. Wells may be used for nan-domestic guxposes such as landscape iaigation. FIIYDINGS OF FACT AND CONCLUSIONS OF I.piW - Page 5 AND DECLSION AND ORDER GRANTING APPLICATION FORANNEXA,T'IflNAHD ZflNINGBY SITZLAR REAL E5TA~'E DEVBLOpMENT LLC / 5PARROWHAWK SUB. / {AZ-00.024) ~ f 1,7.9 Two-hundred~.afiy- and lov-watt, hig~t-ptessWre sod~nur~ streetlig}~ts ro~ill be required at locations designazed by the Public Works Department All streetlights sktiall be installed at subcifvlder's expertise. Typfrat locations axe at street intersections and/or 8re hydrants. ' 17.10 Outside lighting shall be designed and placed sa as rti+nt to direct ~ltiuxtiinasion on any neazb)'residential ati~as and in accordance with city 4rdixtartice Sectfons 11.13.4.C. and 12.5-2.M. 17.11 Off street parking sltiall be provided in at+oordax-ce vtintth the City of Meridian Ordirtiar-ce 11-13 fox use of property. 17.12 A drainage plan dtied by a State of xdaho >iaensed architect ar engineer is r~egti>ired and shall, be subauttt$d to the Gity Engineer (Qrd. 557. 10-I-91~ foz all off-street partchig areas in the proposed future cotruatiecdal late. All site drainage shall be contained and disposed of an~ite. 17.1.3 All signage in the proposed future ovmmexdal iota sltiall be in accordance . with the standards set forth in Section 11-I4 (or subsequently adopted ordinance) of the City of,lVlexfdiaa Zoning and Developmern Ordir~ar-c~. No t~potinry sigxtiage, flab. batuters or flashing signs wall be permitted. 17.14 provide five-foot-wide sidewalks in accordance with City Ordinance Section 12 S 2.IC 17.15 All construcrgon shall conform to the requirements of the Americans with DL9abalit9.es Ace. 17.16 The Applicant is atinraze that strip cornrnerclal development is proh4bited, acid therefore, Applicant shall be regti~red to irti£orrn prospective buyers of the lots that ctt~ered, off-set aetbactcq and creative design shall be erecouanged artid development repreeernixig any form of stadp development is not allowed. Adopt the klecornmendations of the Ada C~uaty Highway kJistilct dated Febntiary 6, 2001, and upon the completion of their review adopt any additiortial Recrornmendations in ACID action m foIlow on ox about Febrtitiatiy >~YNDIAIGS OF l~,~iG"F A1VD COiVCLUSIONS OF IrmiW - Page 6 AND DBC2SYON AND ORDER GRANTING APl'L1CATlOrI FOR ANNEXATI01'~1 AND ZO1dAVCIBY SITZF.AR REAL PSTAT£ DEVELOPMENT LLC 1 Sl'ARitOWHAWTC SUB. / (AZ-fl0.0241 28, 2~1. 1$. It is found that if the developer Pays For the r~ueeted improvements and complies with the condida>ts set forth in these Fandinga of Fact No. 17, and all sub-parts, the economic welfare ®f the City and its residents and tax and rate paYrers will be protected, which regtutrentent shall be included it a development algreement, a Condition of annexation and 7.antng dealgnadon. 18. It is also found that the development canslderations as re.£erenccd fn Finding No. l7 are =easortiable tai require and must be takers into account, in order to assure fire propcaed development is designed, constructed, operated and maintained in a manner wlrfch is ham~oruious and appropriatra in appearaxuae with the existing, or intended character of the generall vicinity, Sn order to azure that the prvpased use will not change the essential character of the a6fe~d vidnltyr and will ins-ue that the proposed uses will not be ktsxard~ans or disturbing to the existing, or firture ndgr-boring uses. particularly coa~ldering the impact of Proposed development on potential to produce excessive traffic, noise, smokie, , g~ and odors. 19. It is found that the coning of the subYect real prvperry as General Retail ar+d Service Commercial District (C.G} requires coruiecptan to the Mtuidcipat Water and Sewer systems and will be compatible with the AppHcxar-t's development intentlor~s, and wlU assure that tlu xaning is consistent with the Meridian Camgrehenslve Plan Generalized Land Use Map which desi~ates the subjcct FIIVDINGS QP FACy AND CC-NCLTJSIONB OF LAW - Page 7 AND DBCYSION AND t3RDE1"a GRANI7~TG APPLICA'I°ION FORANNE~`iTION AND 1,OATING,BY SITLIAR REAL ESTATE DE~LOI'1VIlrNT LLC! SPARIB.Q~+VHA4NIC SUB. / (A&Oi?•024) .... • property as l-+Iixad/'Planned Use D~elopment. 2U. The subject arme~atior- request and zoning designatlan and proposed de~nelopanent relates and is wnapatihle to the goals and polides of the Comprehensive Flan of the City as follows: 20.I The eonsideradon of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance awe that ~e proeessing of sash application i8 the ar<as<agement of grovnttt with the aim xo achieve high. geral~tty dev~elopment~ Fcement of ban's quality of life for all residents is achieveed by applying the cstteria of the Comprehensive Plan and the zonlztg ordit~anae of the Qty tv a]L applications such se the subject application. 20.2 This proposed nemr gmvrth developntem vnill penance public service expansion by the regvdreatient herein that the applicant comply with the requests subznitt~ of the political subdivisions responses within the Meridian Urban Sentlce Planning Area submitted in the regard of this :matter. 2~.3 'The application is oansistent with I~nidiar:'s self identity. 20.d The preservation and improvement of the character and quality of Meddiart's marttmade environment wfiile n'tah'~taining tts identity as a self-sufAdent community is achieved by aFP1Ying the cdt~ia of the C~anprehensive Plan and the zoning ordinance of the City to the subject appiiratfon. 2US Connpliance with the requests of the pol&ical sut~divisions providing services, as.~ues float aam~munity Services ass being provided for existing acrd projected needs and that the land use patterns of the City axe balance to iltmrre that re^~etwe8 pay for setvi~ and that the Urban Service Planning Area is visually attractive, ef#"uiently maaagetl and clearly identiiEable. 20.6 Compatible and e~itcient use of lead through innovative and functional site desig:t is achieved by applying the csiterla afthe Comprehensive FINDINGS QF FACT AND CDNCLUSIQNS OP LAW - Page 8 AN7? x7ECISI(3N AND ORA~It G1iANTING APFLICATIGN FOR ANNP.~AT'IDN AND ZONIlrTG/QY SITZLAR REAL ESTATE DEVELOPMENT LLC ~ SPARt~tOWHAWI~ SiJl3. / (AZ-00-024) • Plan and the zoning ordinance of the City to the subject application. CO1~iCLUSIONS OP LAW X, The City of Meridian has authority to anne~c real property upon written request for annexation and the real properly being contiguous ar adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Cade Sectiost 50 222. The Meridian CilyCode ~ I I-16 provides the City maq aruwt real property that is vvithlta the Meridian Urban Service Planning Area as aet forth in the City's Comprehendve flan ' 2. The CouncE may take iudidal notice of govemxnent ordinances, and polidea, and of actual conditions existing witltiA the City and State. 3. 1"he City of Me~ddimn has exerdsed its authority and responsibility ae provided b'y "Local Land Use Planning Act of 1975', codified st Chapter 65, Title b7, Idaho Code by the adoption of'Cor<tprehensive Plan, City of Meridian, adapted pecembex 21, 1993.Ord. Na. 629, January 4, 1994.' 4. The following are fmuid to be pertinent provisions of the City of Meridian Comprehensive flan grid are applicable to this Application: +iA The Croak of the Comprehensive IP'lan are set Earth at Page 5 and i~nciude: 4.1 To preserve Me~dd3an's environmental quality and eo rnalce pxovlsions for and improve the total natwral environment by adoptis-g Catty-wide and Urban Sen-ice Plazu-fx-g Area policies, which deal with axe-specfflc poi~tdes and l'INbLNGS QF FACT AND CO~TCLUSI4NS OP LAIN' - Page 9 AND DEQSIbN AND GRDER GRANTIldG4 APPLICATION FORANNII~A.TIQN AND 2fJNYi+TGB~' SITZLAR REAL ESTATE bEVEL4PMENT LLC! SPARR~DWHAWIt SUS.! {A7~Ofl-U2~4) • • pr+Dgt~nB. 4.2 To ensure that growth and development otxur in an orderly fashion in atxordance with adopted polides and procedures governing the use of land. re$idential development the pxovision of services and the button of new housiii$ units within flue Urban Senr3ce Planning urea. 4.3 To encourage the kdr-d of economic growth a~td development which supph~ employment and economic self-~fC~dency far exlst3t~g and future t~idents~ reduces the preser-t reliance on BoisE and strengthens the City's ability to finance anti implement public improvements, services and its oprx- space dtiazacter 4.4 To p~eovide housing oppomunides for aIl economic groups wlthiun the community. ~.5 To preaeave and improve the character and. quality of Meridian's assn muade environment whsle maintaining its itient$ty as a sdf-sufddeactt eoumnwaity. 4.f To enrourage Cvltwal, educational and retre~titmal fat3liti~ whlclY vr111 lIll the nestle and prefererues of the dozens of Meridian and to i~crsuxe that these tadlities are available to all residents of the Gity. 4.7 To provide caommuriity setviacs to $t existir-g and projected needs. 4.8 To establish tzar-patible and. effldert use of land through the use of irunovative and. kmctional site design. 4.9 To encourage a balar~ee of land use patterns to insure that ~ pay for servic.sa. 4.10 To czeate an Url?ar- gervioe Planning Area which is vlsuaIly attractive, efAclently m~g~ed and clearly iderttifiaUle. FINDINGS ~F FACT ANTI? G~CDIVCLUSI{?NS OP LA-1N - Page 10 AND DECISIOl~f Alm dR.DF.ZZ; GRAi~l'11+1G APPI.iCATION FO1tXAT'YG1~,T AND Zl~1VING/BY SiTZLAR REAL ESTATE DL~I.tiPMENT LLC t SPAR1tDWHAVVIC SUB. l (AZ•0~~24) ~_ • • 4.B The Goals and Po~c~ of the ~ehensfv+e Plan that mast ditactty ap}vly to the proposed pra~ect are as follows: Goal 3 is "to encourage the k4nd of et~rwmic growth and developmett which supplYes einplayment and ecanon-itc self- suft3dency for es~ctg and. futuze residents, reduces the present reliance on use and strengthens the City's abiiity to froance and •implenaex-t public impmvemertts, services, and its open space character " Goa] 8 is "ta establish comps~ble and efScient use of land thxough the use of inrwvative and functional site design. ° Goal 9 is °tto encourage a balance of land use patterns to insure that revezeuee pay for sers-llce6." Ea+nomic Deaetaprnent X.1 The City of Meridian shall make every effort to create a positive atmt~phere that enc~aurages ... coirtimercial enterprises m locate in Meridian. X.3 Ttte characxer, site improverntenta and type of new aammercYal or industrial developments should be harmonised with the na¢wral environment and respect the unfirjue needs and features of each area. • I.S Strip izdustrial and cow uses are not in compliance with the Counprehensive Plan. end Use 1.l.OTJ Promote the design of attractive uaadway ~Y azeas into Metid3an rich will cleanly identify the community. ' 3.7 IndustrJal uses wlsich require the storm or the production of erosive or hazardws mateada~ls should not be located near residential areas, and 'FII~TDINGS OF PACTAND CCDNCI.CI'SIQNS 4F LA'W - Page 11 AND DECISION AND ORD~ GRANTZr+TCr APrYdCATION FQR ANNEXATION A~ ZC?NINCr1BY STI'ZLAR REAL ESTATE DEVELt~PMEN'T Id.C / SPAItPAWI~AIMK SUB. / (A&QOA24) • • should coaform to disposal, spill sxul storage measures as oatl$rt~t bY'the U.S: EPA. 4.3XJ Encourage new commercial de~aetopment is under- utilized exiati~g corral areas. 5.9 the integrity and identity of any ad~oi,ning residential neigltborhovd should be px~exved though the use of buffeuing techniques, inc.Iuding sdxeen plantings, open space and other landsrnping techniques. S.I2 Snip de°veiopmem within tip mixed--use aze$ is not In compliance with the goals and policies of the Comprehensive Plan. 5.1.3 Clustering of uses and coatxo]led access points along arterials and aolle~os streets will be inquired. S.14 Because these auras are near I.84 and Franklin `9~t}' ~~ apPearamce is esse:ttiai. All development proposals ~ thfs area wilt be subject to development ~ gufdelir-es and conditior-al use pexmittirig procedure. Natural lt+eow~ce ~ I~azardaas AYea,4 2.1U Development along mar drainage ways will be r~Icted to ensure that developmem does not cause additional ground or surface water contamfwation. 3.1U Manage and prevent unsuitable uses along drainageuvaye and pmtect the Rood plain of creeks and dtafins. 3.2U Protect the potential beauty acid xerxeai~onal trail opportunides of aII Meridian waterways. FINDYNGS OF EACTAND CONCI.USIaNS flF LAVV - Page Y2 AND DECISION AND GRDEkt GRAN'~A~1'G APPLICATION F4R ANNEXAfilON AND Z4NFNC~'BY SlTdLAR. RBAI:. SSTA'1~ DE1rE2yQPM>INT I.x~C / SPABRO~-VHAWIC Sl:]B. / (A~7-DO-024) c~o~nit~r uee~ i.3 Open space areas v~ithin all development should be ct-couraged. i .4 Mayor entrances to the City should he enhanced and emphasized. U~nattraalve land uses along these entrances should be screened from view 2.ilU Require businesses and government to install and ma~tain landscaping. 2.3U F~teourage the beauti$cation of streets, parking lots. ..etc. 5. The xozting of Generdt Retail and Senrlce Corianlerdal District {C-G) is defined in the Zoning Ordletanre at ~ 11.7 2 K as Follows: (,~.-cry •~n a11~~a~~ce rnmerda! DisnricG 'The purpose of the C~G District is ro provide for eomacterdal uses which are customarily operated entirely ox almost entirely within a building to provide for a review of the impact of proposed commercial uses which arc auto and service oriental and are located in close prwdrtutty to major hlgxiway or arterial streets; to fulfil[ the need of travel ;elated services as wrell as 'retail sales for the transient and permaner-t tnotorIr~ public. All such distidcts shall be connected to the Municipal water and s~-er systems of the qty, and shad not constitute strip carrunerdal developm~r-t and encourage cluatering of commerdal development. 6, ley anthorlty of tt+e GYty of Merldi~-m under the Comprehemsrive Plan, a condit5onal nse permit fs required for Applicant to eonstruct. and develop a 3-lac commercial suUdlvlsian. 7. Since the at-rtexat9on and zoning of lend is a legisladve function, the City kiss authorit}r to place cor-r~ftlons upon the ax~ation of land.. See B vs. The FINDINGS OF FACT AND ~NCI.U5lON5 OF IOW - Page 13 AIVD DECISION AND ORDElB GRANTING AL'PIdCATION FOAANNEXATION AND ZOIJING/EY SITZt.AR REAL ESTATE DBVIrI.OPR~ENT LT.C ! SPAR1t©WHAWK SUE. / (A7rt1t~U24) . ~fi~ ~gf Ydaho pads. 105 Idaho 65, 665 P2d 107 (19&3. $. Tree development of the annexed land, 3f anxtexed, shad meet and comply with the Ordinar-ces of the Cit~+ of R~ including, bc~c not limited to: Section 12• 2-4 which pertains to development tfnne schedules and regwbremants; Sedion 12.413, which pertains to the piping of ditches, and Section 12 5-2 N, which pertains to preseui~fized l:xlgatian systems. 9. The dmrelopmernt of the property shall be subject to and cantnolled by the Zoning and Subdivision artei Development C~ of the City of Mexidlan. 10. Section 11•lf-4 A of the Zoning and Depment Ordinance provides in pazt as follows: I€ property is annerad and moaned, the City may require or permit, as a condition o[ fine zoning, that an owner or developer n~ a rvnltten commitment concerning the use or developn~nt of the subject property. If a camrnltment is required or permitted, it shall be horded in the office of the Asia County Recorder and shah take ef6ecx upa!n the adoprion of the ordiranca annexing and zoning the property, or prior if agreed to by the owner of the parcel. Urrleas the cromnoltrnent is modii?ed or ternaizlaxgd by the City Cowuil, the wmmitment slhail be binding oA the owner of the•pazcel, each subsequent owzter, a~ each other peraar- acquiring an interest in the property. A conunitment is binding on the owner of t~ property even ~ it is wnrecorded; however,'' an unrecorded commitment f$ binding on subsequent ownem and each other person acgtddr-g an interest in the property only if the subsequent owner and each other person acquiring an interest in the property hays actual notice of ti-e commitment. DSCYSXON AND ORDER. NOW, TH~REFOItB, I~4BEL3 UPON Ti~$ ABOI-E AND PORlEG~OING PINDri~GS OF PACT Aim CONCLUSXONS OP I~~N', fihc City Couau5l does hereby Order and thJ~ does Orden: FIlVDING5 OF FACT AND C~NfCLUSIOATS C1F LA.W - Page 14 Aga DECZSYONAIVD ORU~RCR~rrrnv~A~i~tcATia~v FOR ANNF.X~7'ION AND ZOflVTIriGJBY S1T7I.AR RBAx. Ir?STA7`E DBVELOnMENT LLC ! 5PARR4WHAWK 5U$. / (AZ•OO~Z~k) 1. 1`he applicant's rest £ar annexation and caning of appro~uately 20.20 acres to General Retail •and 5ervlce Comrnerc~l Distxice 4C-G) for the development of a 3-lot connn-eu~dal subdivision is granted subjat to the tesnns and conditions of this Order hereilaafteY stated. 2. The application is for annexation artd xotdng of 20.20 acres. The legal description shall be prepared by a Reglsrered Land Surveyor, Licensed by the State of Idaho, and shall confoxm to all the pmvisiions of the City of Nleddiazti Resolution No. X58. The legal descrlptiosa far annexation must place this parcel contiguous to the Corporate City I,imYts per Ordi~acx Na, b86. 3. Developer enter lnEO a Developxner-t Agmcment that provides in the event the conditions therein are not met by the Developer that the pmperty shall be subject to de-anrnexatlor-, with tine City of Meridian, which provides for the follovaing conditions of development, to-wit: Adopt the Reco~mmendatlons of the Planning and 2oning and Engineering staff as foltows; 3.1 ~4pplicant shall be b~equired to enter fnto a Dmrelopment Agreement vvlth slur City as a cx~xldircicm of atun~tion. 3.2 A condition of the Devel~ment Agreennernt shall be that development and use of each lot In this subdfvJslon vrl]1 oa~+a only throug~i the Conditional Use Pernuit pm~ss. 9.3 Due to the single family use abutting Lot 1, Block 1, a mir~m~mn 25- foot wide plaxtting strip, in acxrordance with City Ordinaxtce 12-13, is recpdred along the Jpropcrty lines abutting the residential lot and shaA be FIlVDINGS OF FACT AND CONCLUSIONS OF LAW = Page 15 AND DECISION AND ORDER CRANTIl~IG APPLICATION pOR ANN£~CATION AND ZONINGIBY SITZLAR REAL ESTATE DEVELOPIvIENT I.LC / SPARItOWI~AWI~ 5UB. / {A7s00.024} • a eonditiort attactt®d to this properly 3n the Development Agreement. 3.4 A minimum lU-foot~eide landscape street ]suffer, platted as a separate common lot, shall be teed beyond the e~dsting right-of--way line along the fuA North Nola Road frontage. 3.5 A minimum 3S-foot~de landscape street bu#er~ pitted as a separate common lot, shall be required beyond the future rl~tt of-way line along the full Franklin Road frontage. 8.6 A detached Siderovsilk with a minimum S-foot vefde planter strip between the tu~cb and sidewalk shall 'be regtdmd alrurg the Frai~idin Road frontage. 3.7 All irrigation ditches laterals or canals, exrlu~ve of natural waterways, intersecting, crosslag or lying ad~acertt axed cflntiguous to the parcel shall be tiled per City Ordinance 12.4-].S and plaxts shall he approved by the appropriate ixdgationldratnage district, ar lateral users assodatlorL with written eon8rmation of said approval submitted to the Public Works Department. 3.8 Any existing don~stic wells and/or septic systems within this project will have to be removed from their dome~c seLVice pec City Ordinance Section 9-1-4 and 9-4-6. Wells may be use fcu non-dor~aestic purposes such as landscape irrigation. 3.9 Two-hundred- and 1fl0•watt, high pre~se~ sodiuYn streetlights will be required at locatia~ns designated by th,e Public Works Departiment. All streetlights shall be instaIIed at subdfivid~s expense. Typical locatiaas are at street intersections and/or Ere hydxar+ts. 3.10 Outside lighting shall be designed and pieced so as not to direct illumination on any Irby residential areas and in accordance with City Urdinaxue Sections I 1-13-4.C. and 1Z-S-2.M. 3.11 Off street pazldng shall be pravlded in accordance with the City of Meridian Ordinance l 1.13 far use of P~P~Y'• 3.1.2 A drainage plan desig~ved by a State of Idaho licensed arrhitetx or FIlVnINGS OP PACT AND CONCLUSIONS OP LAW - Page 16 AND DECISION AND ORDER GRAN1'T1VG APPLIt ;ATION PtJR ANNE~CATION AND ZpNING/BY SI'TZLAR REAL ESTATE DBV'P.I.OPMENT LX,C 1 SPARROWHAWK SUB. I (AZA0-024~ ertgirleer is retju~4i+ed and shaII be submitted to the City Engineer {ora. ss7,1a-1-~~} for au ofd street gar~ng areas ~ the proposexl future commerdal lots. All site drainage shall 6e contained and disposed of on- size. 3.13 All slgnage 9n the proposed future connmettrial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance} of the City of Merldiart Ong and 1?evelopment Ordinance. No t~mgarary signag~e, flags. banners or flashing signs w3>1 be permftted. 3.14 Provide five-foot vvlde sfdewaIlcs in a~rdar~c~e wJlth City Ornoe Section 12.5 Z.IG 3.15 All aanstxuoti4n a]hall conform to the requirennents .of the Americans with Disabilities Act. 3.i6 The Applicant is aware that strip conma~al devebprnent le prohibited, and therefore, App~lfeartt shall be required to inform prospective buyers of the loss that clustered, off-suet setbacks and craative desfign shall be encouraged and development representlttg any foam of strip devvelopment is not allowed. Adopt the Recommendatior~ of the .Arta County H3ghvvay Dlstrlct dated Febroaty 6, 20131, and upon the campletinn of their review adopt arty additiorutl Recommxreons ir- ACRD actitue to follow on or about pebn3ary 28, 2001. ~k. The City Attorney shall prepare for conslderatlan by the City Council the appropriate ord~lnance for tk-s arro7e~tatfon. and zonfgg designation of the real] Property which is the sub}ect of the application to (C-G) General Retail and Service ~Commerclal District, ar-d Meridian City Cade § 11.7.2 K 5. Subsequent to the passage of the Ordinance provided for in section 4 of this t}rder the englr-eerixig staff of the Public 'tVarlcs Departznertt shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNPXAITON AND ZO1~iG/B'Y SAAR RBAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. l (lam 0Q-024} ~.~ ! i appropxiate mapping d-an~ of the of$cial bowtdades an$ xonimg maps as pmvidc~l in Meridian City Code § 11-2I-1 in aaxndance with the prov3~ions of the annexadon and zoning ordinance. NOTtCB OP FINAL ACTION Please taDse notice that this is ~ Final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67.6521 an affected person is a person wlto has an interest In real property which ma}- x-e adversely affected by the issuance or denial of the anne~tion and zoning and who may withintwenty-eigJc-t ~Z$) days after the date of this decision and order seek a juductal review as pxavided by Chapter 52, Title 67, Idaho Code. By action of ttte City- Council at its regular meeting held on the ~~ day of ~~ ~ 2~tf1. ROIL CALL cavNcrl.MA~v RorrAND~RSOr~ COUNCXLIviAAT KITH 13]1tD COUNCILWOMAN TAMMY deWE~RD Ct7UNCII.WOMt1i`i ~ McCANDLESS FINDINGS OF FACT AND CONCZUSIONS OF LAW - ANDDECISIONAND ORDER GRAN'TII~TG APPLICATIC?N FOR ANNEXATION AND ZONllVGJBY SCR R$AL ESTATE DEVEx.OPMENT I~.C / SPARROWHAWK 5U8. / (ATf00-Q24) VOTED_~~~ vOTED-~-- ~I'OTED_~ VOTED_~~"~~ Page 18 i MAYOR R©BERT D. CQRKIE TIE BREABER) VC3'I'ED '"'~ Mt7170N: APFRCIVI~[7. PROVED: Cflpy served upon Apgiicant~ the Planning and Zoning Dnene, Pablic Works I)epartnaent and the City Attorney. By: ~ Dated: ~~~~r City Clerk ~~w2~id~nlGererkx.e ~5369Mis.~+lcu~aa~.aoo FIIVDIl~GS OF FACT AN1] CONCLUSIONS OP LAW - Y~age 19 AND DECISION AND ~7RDER CRANTlNG APPL1CATdON P4R.ANIVEXATIONANO ZONINGBY SI'Y'LIAR RBAG ESTATE DBVTLOPMENT LI.C / SPARROWHAWIC SUB. / (AZ-00.024) . • July b, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Ken Lenz • MI 07-002 July 10, 2007 ITEM NO. S-H REQUEST Addendum to Development Agreement -Request for a Miscellaneous Application to modify the recorded Development Agreement pertaining to access for the site for Medina Subdivision - swc of South meridian & West Overland AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Addendum to DA OTHER: Contactedu Date: 7 ~ a 7 Phone: ~3~- 7~ 7 Emailed: e ``a ~ ~n caM S#aff Initials: /(,~ AAaterials presented at public meetings shall become property of the City of Meridian. • I. crrr o17 -- ~.~ eri~i~n - ~ IDAHO d sF ~k~'/~ Txensunx. V,u~~ MAYOR 4 Tammy de Weerd I CITY COUNCIL MEMBERS Keith Bird Joseph W. Barton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorltey} 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 88&3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 89$-5500Jfax 898-9551 -Building 660 E. Watertower Lane Suite 150 887-2211(fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 J fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 June 27, 2007 Van Eig The land Group, inc 482 fast Shore Drive SUlte 1 ~(} Eagle, iD 83616 • ~~ JU~2gZ007 1 •. i ., _ ._~_ .v_ .. Re; Addendum to Development Agreement- Medlna~ Subdlvislc~n MI 07-002 Dear Mr. Eig, Enciosed pleas® find the original Addendum to the Deveiopment Agreement for Medina Subdivision, which is ready for your review and signatures of the appropriate parties_ Ptease sign where indicx~ted and return to the City of Meridian City Cierk's Office for piacemsnt an the next available City Council Agenda for approval. Piease catl me if you have any questions at 208-888-4433. Tara Green Deputy City Clerk enC. ~ITY HALL 33 EAST IDAHO AV&NUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX SS$-4218 FINANCE & U'IZLITY BILLING -FAX 887-9813 1<4AYOR'S OFFICE - FAX 884-8119 Printed on recycled gaper • ADA COUI+ffY RECQRDER J. DAVARRO ARIDIJNT .DO ~ BOISE IDAFID 07!13107 02:67 P RECORDED REQUEST DF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III City of INerldion 10709'630 ADDENDUM TO THE DLVF,LOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. 'White-Leastue Development Company, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 25th day of August, 2005. This addendum is made and entered into this Z~ day of 2007, by and between CfTY OF MERIDIAN, a municipal corporation o the State of Idaho, hereafter called "CITY', and WH1TE LESURE DEVELOPMENT COMPANY, whose address is 416 S. 8`~ Street, Suite 200, Boise, ID 83702 hereinafter called "OWNER/DEVELOPBR". OWNER /DEVELOPER agrees to be bound by the terms of the original Development Agreement (inshvment # 105134293}, approved on 25s' day of August, 2005 and recorded on September 15, 2005 on the land described in Exhibit "A", except as specifically regarding Exhibit B of the Development Agreement. 1. The parties her8to agree that the development of the property described in Exhi.bit "A" shall be in accordance with the terms of the above described Development Agreement„ exhibft "B", or those City ordiaemces in efE'ect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the Development Agreement (Instrument No.105 l 34293} for this property be modified as follows: lrxhibit B, Section A, first bullet: " . . Cee~i~re-Flamm no curb cuts shall beallowed onKura-1.Vleddian Road (SH 69} except for one (l~~t i~/arigh -out access to be loeat on S. Meridian Road, no closer than fives, hhundred f500) feet from the centerline of W.Over1 Road. Exhibit 13, Section J,1ast paragraph: ", ..Staff finds that no curb cuts or access to Kuna Meridian Road shall b~ taken from this site upon developmentexceptfor ons (1)~right-iu/r' tt-outaccess onMeridianRoadto be located no closer than five hundred (5~0~~'eet fxom~he centerline of West Overland Road Exhibit B, Annexation and Zoning Comments, under #5; add an additional bullet item as follows: "This site is allowed one rlaht-in/ri C outaccess to S. Meridian Road to be located no Closer than SOD feet from the Centerline of W. Ch+erland oar!. No Qt~er accesses ~r curb cuts shad he allowed to S. Merldi~n R~oael." ADDfiNDUM 1'O DEVELOPMQNT AGREEMENT (MI 07-002 - MEDINA SUBDM3IQN) PA©E 1 OF 4 ~. u Attached a copy ofthe preliminary plat shown inExhibit A ofthe staffreport as an exhibit to the DA depicting the approved access points for the subdivision. (attached hereto as Exhibit C} 3. That "O~vner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Properly" shall be subject to de-annexation of the "Owner/Dteveloper", 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 anri insuee to the benef t of the parries' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in ofSice. This second addendum shall be binding on the "Owner/Developer" of the "Property''', each subsequent owner and any other person{s} acquiring an interest in the `properly". Nothing herein shall in any way prevent sale or alienation of the "Prnpetty", or portions there 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/Developer", to execute appropriate and recordable evidence of terraination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully perforaned its obligations under this Addendum. 3. If any provision of this addendum is held not valid by a court of competent jurisdietiion, 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 "OwnerlDeveloper" and "City" relative to the subject matter herein, and there are no gromises, agreements, conditions or under- standing,eitheroral orwritten, express or implied, between "Owner/ Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in inter®st 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 modi$ed or amended within the approval ofthe City ADDENDUM TO DEVELOPMENT AQREEM~NI' (MI 07.002 - MBD@iA SUBDIVISION) PAGE 2 OF 4 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 shall be effective as of the data herein above written. ACY!ITTOWLEDGMENTS lIJ WITNESS WHEREOF, the parties have herein executed flue agreement and ,made it effective as hereinabove provided. OWNER/DEVELOPER: WHITE LEASURFrBEVI BY: Cl[TY OF MERIDIAN COMPANY BY; ~~~~~~,u~n~uur,~ByorT eerd ~~~~` ~ ~~~~i Attest; o ~A.L illiam {I. Berg, Jr., C ,p ,.~ Ttg~. 1` ~~ ~~ii~ ~~~ ADDENDUM TO DBVEL' OPMENT A(iREENIENT (MI 07-002 -- MSDIIJA SiBDIV15TON) PAOE 3 OF 4 sTATE of IDAHO } . ss: County of Ada, ) on this Z~day of 2047, beforeme, the undersigned, aNotaryPublic ~ ~ IN WITNESS WHEREOF, I have hereurno set my hand and affixed my official seal the day and year in thi~.,~cate first above written. in and for said State, pars y a ~, ~~~,. , known or identified to me to bB the ~~~y,~,.~.,~_ of White Leasure Development Company, who executed the instrument, and acknowledged to Mme that he executed the same on behalf of such corporation. ~S~-) STATE OF IDAHO } 88 County of Ada } dec. No Public for Idaho Residing at: de.;u, ,~.l.~-ce My Commission Expires: ~ o On this~~ day cif ~ 1 ll~ ~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd dnd William o. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executcd the instrumcnt or the person that executed the inst~rumeat of behalf of safd City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificatc first above written. (SEAL) ~.~(1_YYt~~1~n 0 Notary Public far Idaho Residing at• (,'~i,~~y In Commission expires: i -i~ l - l l ADDENDUM TO t7BVBt.OPMENT AGREBMENT (MI 07-002 - Iu~DINA lSUBDIVI9ON) PAGE 4 OF 4 •_• .. N N duP-G+~Cr ui ~ ~~~ L H~.~ P~axci~ Q__: ~~ A-..~roel~~laivt~ i~i~#ie- M.E: ~~fi31'~~ f~C ~/~,of':Se~tio~t ?~4~ Td~t.~it~~jr~3 ~?~rtti. •l~arjge~ 1 1~V~t~: ~~if~;Niid~~r;.~d~ ~~ountit, •~d~ho. -.r~-p~~is~Ic~lytle~aiic~d,a$ ~fQi~Ows; ~rri~g.:at 8rs~:C~p~ IU~c~(hbitt.:~ti~tJc~ti:~ norifi~st ~ojr~er~:df s~i~ ~tio~•' a'_ . ?'~u1~:i'~ast carin~r• b~~3~Q ~NE•.~~ .'~~I~% r.•. ~=~. 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E.~i~-n~: `sal e~y ~ht::~c~ ~ diint~-iaf ~ ~~~9 fib f~ a ~5/8' :in~f~ ~I~aa ~on~lnulr~ ulo~.:~~1~ t~.~ i~~~o~*..vi~•y ~-~3~'#~Q8`~~111.~ ~'~sta~rtt~ afi~68.~8 f~~t~ib b~mon~~~t m~ri~~l;st~ionr,~~~'~~~,.. ' ~'i'{r ~~~~~~~j~~a~t~~~a.., N~-Y~I~HU~:S~j~reyr N L _.i~ ''rgcs ~continuir~g at<zn~ ~~•v.tee-t~la~-ofmay'~Nr.~'~''~!-~r-d~nt~;~#~~:6~~OQ.~i~t-tc~a ~fi'8i$S cad:~irtotlwri~fl~~.~rl~.i~ed`i 428.~7•,~~, ~Ba'~L~'; ~Ta; aon#nuii~;~~ ~or~ d mot®r1y ~-ri~~c~f~ray~ ~~`~~7'0~"`'~ ~; ci~~c~p ~~t~' ~0 ~~e~ to ttt~+~: P81NT'~F BED ~IIN~+. . ~`h~~ .Iel: avntai~~ ~$_:~.~re~~~:~4--~t1~'~~et) ts:-.~ii~e~r-~o~~~~n~-e~t19 ~-~+-tee: -. :~~lfritdr~',~lll': Hen; ~• ~~i~ ~~t ,~; pe ~~~~ :-t~~nb..o~~. ~ i A~1 CBWiiY RRO)iDAi J. DAYJQ ~1111L~RQ A~Iq~ .DO ~ BQ~ BDlilip 0~1~ PY R~RYtO L~ Meddl®i~qr 106iS4293 D~'V'~L~DPIVIF1y'r A --• PABTiFtS: 1. City of Nlerlidian 2. 'W'illiam and Mary 13owell, Cwnae 3. Whit® Leaame Devsslapment Company, Developer T1ii3 D P ACIRF.BLV~' (this "At"?. is made and entered into this 2~ _,~ 20b5, 6y and between CITY DP MBRIDIAN, a municipal oasporatism the State cf Idaho, h called "CiTY", ~ WIGLTAM ARID MARY HOWBLI. whose addresa is 49'T ~Vb-ito Cloud Drive, Boise, Idaho 83709, hereinafter caUcd '`~WNBIt". and WSTrE L~ASURB DBVELOPIV>BNfi CdMPAATY, whose adslrass is 41! 3. Ss' Street, Suite 200. Boise. Idaho $3702. 1. $EQTAIS: 1.1 W~$EAS, "QW1VERp is the soi®owner, in law and/or egaity, of certain tract of land in th®County of Asia, fiats of Idaho, ~iri Bxidbit A Ppr eaoh owner, whistlt is attasahed hereto and by thi$ reference it~orpQretsd heroin ~ if set forth iti X11, hameia a~ refsxned to as the "Pr+opet~'i and 1.Z WHEREAS, l:C. ~ 67-6511A, Idaho Code, pravisies that sxties Wray, by ordinance, t~squlra ar permit as a condition of rQ-.zoning that tt~e "Owaer"and/or'~evelsiper" make a wdttsn soomnaitriaent coao~ning the use su developmca~t of the $ubjeat `Z'ropert~'; aml 1.3 ~VHESLA3, `Katy" has exemisod its statutory authority b7+ the enactment of Onclinance 11-15-12 and li-lb-d A, wlush authorizes sievelopment agneaments upon the apnexation and/or re-za~ning of land; cad 1.4 WIYLREA3, 'K~evelope~' has submitted an appliaadon for asusexatia~n and zoning of the "Property" described in Exhibit A; end 1.5 yVAS, "Developer'" masks rs3preaeutations at the public heaangs bath before fire Meridian Pienning & Zoning Commission and before the Meridian City Council, as to haw the subjetit "i~operty" will be devel~aped end what improvements will be made; and 1.6 WidClt>I:AB, record of the procoGding~ for the requested annexation and zoning dsa3igaatian of the subject 'Trapeity" held befos+e the planning & honing Gornmissian, and subsequently before the City Caunail, iflclu~ oases of govmnment subdivisions providing DBVB~t.QPM~:AT]' ACS (A2~04-Q31) YArT (IATS~I-AY -Page 1 of ]?.~3 services within the Ciry of Merldian planning jurlsdicdan, and t+~ived farther testbmony aed comment, and 1.7 WAEREAS, Clty CotmcaU, the 18°t day of January, 2005, has app~ved certain Flrtdings of Fact and Conclusions of Iaw and Decision ~ Ordor, soft forth it- Bachlbit B, which arc attached horc++to and by this refer~ce inc~arporat~ het+~n as if set forth in full, her~aih~ referred to as (the "Pindings'~; and 1.$ W~RliGA3, the Flnd9nga regaice the "owner" sad `developer" to enter into a development agroomeat Mora the City Coancii talus3 final ac~fon on ana~ation and zoning designation; and 1,9 "OWN~"and'~EVEL~IP~' doom it to be in its best it t+o be aWe to end' into this Amt and acimowledges that this Ag~ementwasentered into voluntarllyandatitsurgingandrogaosDs: 1.10 'WHCREA~S. "City"' reyudr~ the "Oarnec" and `~evalapcr" to enter into a development agcee~tt ihr the purpose of e~uxing that the "PrBpert~' is developed and cite subsequent ass of the `~vp~cty" is in aa~otd~ce with the terms anal conditions of this developmont ag~msnt, h~ain being eatablish~l as a insult of evidences received by rise " City" in the p~taoceodinga far annexation and zoning clasignatioon from govemmant subdivisions pt+nviding sor'-ires within the planning jm~sdicaon and fimn affaatod property owners and ~ ensure awnexation and z~tg deslgnadon is in accordance with tl~ amended Coinparetunsiva Flan of the City of Meridian adopted Auigust 6. 2002. Resolntlon No. 02-38Z, acrd the Zoning and Devalopmm~t Ordinances codifiedin Meridian City Coda Title 11 and Title 12. Nt~~V, Tiii~Ri~FUI~E, it cansidemtion of die oover-ants and canditicna sot forth heeain, the parties s~ ae fellows: 2. INCOBF,ORATION OF' RI+:C,I'rALSa That the abav~ recitals ana comraotual end binding and ace inaorporatad b~+~n as if set forth in full. DSVBi.OPA~17` A~ iA7.r04-p31) At~RIDRAN t3AT8WAY ~ Psae 2 of 17.3 3. D~FIIVI7'lQNB: 1?ot all pnrpases o~f this Agnaament the following words, terms, end phrases herein ~tsdned in this scctiott shall be defined and itaterprcted as horela provided for, unless the clear coYmext of tine presentation of the same requires otherwise: 3.I "~d'1'Y"a meaos anal refeaa tci the Cdty ag Meridian. a patty m tbls ABreement, which is a mumf~pal Corporatlion and govermm~ent subdivision of the state of Idaho, grganized and existing by virtue of law of the State of Idaho, whose ad~ss is 33 Bast Idaim Avenue, IMeridian, Idaho 83642. ' 3.2 "D1aYEi.OP~R"a means artd r~s w White Leasu~ Dev$lop~t Coaaapaaay, whose address is 416 South 8a Street, Suite 2Q4, Boise, Idaho 83702, the party dsvelopiAg said "Propa~' and shall include any subsequ~t owaet(s~davelopa~s) of the "~°. 3.3 "0":means and refers to Williaa't and Maly Y~oweIl, whose address i$ 497 Whit$ Cloud >3rive, Bolse, Idaha 83709. the patty owning said "Property" bring developed and shall include any sul~ogaent ovvt~er(s}ldeveloper(s) of the "Property". 3.4 "PROPERTY": means and t+sfets to that a+ertsin gar~ael(s) of "Pmgerty'" located i~a the County of Ada, sty of Meridian as desarlbsd in F,xhibit A desc.dbing the parcels to lm amaexed and zonedC-C~ (General Retail andSarviceCommercial) ~ttachedhereto and by this tnferextce incorpotatod heueita as if set forth at length. 4, iT31~ P2gRMiTTIED BY THxS AGRERNJLrNT: 4.1 The uses, allowal pursuant to this Agreement are only those uses allowed utader "City's" 7a~uing ~ aodifled at Mean City Cow Secdon ,~~;~ which are hereot- specified as follows: Ana~wrafan std re~»e pf 9.Q$ aeres,~oeaa C-2 {Ada Conr~-) #o C~ ([~enernt l~ete~l and Sera-Qca Commercial) w#~+ a cortctpluat c~~pEmtrcitd ssbd3t+~Naa ~ Nat MerYdtan entryway corrddsrr desigraa~tea. 4a No change its the uses sgaoified in dais Agreement shall be allowed without tnadification of this Agr~ent. DxVBLOPNIBN[ AGritBi~iT (p~p4.Q'il)1-~t,IDXAN t3ATBWAY -Page 3 of S. CONDTI`IONS G4VI~RI~TG ANNEgATION AND RE-ZONING QF SUBJECT PROPERTY= B. Adopt the Recommendations of the lvierldian Platming Bc ZoniAg Department ~ follows: 1. The legal desrriplion sut~ittedwith the ~aameefis themqucentof die City of Meridian and 8taoe Tax Commission and places the parcel contiguous m ~ city limits. 2. 17te subjoc;t propmty is within the Urban Smvice Planning Area. I3sasm-tial sty services cep l~ made available u: dun subject property. 3. A>ty ettisting domestic wells and/or sepdo systems within this p%jcct wiD have to bo ret~oved firm their domosdc service, pec City Ordinance Section 5-7-Si7. when sen-i+ces arse available fronn fire City of M+etidisn. Wells may be usai far ncm-do®®stic pucp~ses suscb ~ lope imtgatiaut. 4. All irri~ion ditches. laterals ar canals, exclusive of natural waterways. intemecdng, cros~ng ar iylt~g ac(jacmnt and co~guoue to tha parcel shall ~ tiled gar City O~tance iZ-4-13. Plans will need to be approved by the appropriate irrlged+on/drainage district. or latmal users association (ditch owuecs). with wriu~ approval or part-approval submitted to the Public Works Department. If late+cal users association approval oan't be obinined. pleats wail bo reviewed ttttd approved by rho Meridian City Engineer prior to final plat sigo. S. All future uses on proposed lots orparcels wltidn theaanexationareashsU btu approved thrau8tt the Coaditionaai U'se Permit groC~s. 6. Prfar to the iesuatice of any building permit on the subject pr+opeity. all existing uses slmll b8 pmperly abanidoned Or brought into compliance with the Meridian City Code, Meridian File Depaatment, sad subject to the Conditions of ACHI] end PfD. 7. The applicant shall comply with the canditlans and commonts of all City b~. and agencies. 8. The appSomrt shall voordinate the location and d~gn of traob dumpster(s) with the Sanitary Services Company (33C} staff. Trash enciosuxe8 must be built iln the location and to die size approved b7+ SSC All dumpater(s) must b~ wed in ao~da~~ witb ~~~ i i•12-i.C. Conta~ Bill, Qragory at SSC (888-3999) for detailed review of your proposal and submit stampsxi DBVBLOPId~rrAC~1'1' (A7rQ4~1)1d7~1AN C3ATSWAY -Pago a of 1?.~3 r (approved) plane with your certiflc8te of zoning compliar-ce applic~clan. 9. No building or other stivatuea shall bra erected, moved, added to or ettxtctwully altered, nos shall anybuilding ~ orlaad be established or change iu ass an this dta without first abtaining a Comte of Zoning Compliance (CZC) from the IVleridlan Planning and Zoning Department (MCC 11-19-1. 14, An required fmprovanents must be opiate prior to obtaining a c~errirrcate of Oocupanoy for the psnposed devalapment. A temporary Certiflcato of Occupanoy may bo obta~ed by providing stn+ety as the City in the fomti of a letter of coedit or cash in the amam-t of 11096 of the cost of the required (ittohuilag a pa~B~ ~P~& ~n8+ and iedgation). A ,bid must accompany any raqunst far temporary oawpancy. Any temporary occupancy will not exsxod Elf days to comple#e the required. improvements. 11, if conetrucdon has not began within 18 months of City Coungdl appmval, a norv aflnditlonal nee permit must obtained prier to the start of dev+olapment, 12. Outside lighting shall be designed and placed in such a a~anne~r as to elfeninate glees and iquaoination af'the at~piuing roadways and ps+operties. in acea~rdance with City Ot+dlnance Section I I-l~.C. 13. A drainageplan desigaedby aStateof Idaholice~nsedarchitectorenginaris required and shall be submitted by the r~ty Engineer (Ord- 557,10-191) for all o£f ateeet parldug areas. Stagy water teeatment sad disposal must be designed la avcflrdaacs with Deft of Envbronme~atal Qtaality 1997 publication Catalog of 5totrn Water Hest Management Pmaticos for Idaho Cities end Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited noires thv jurisdiction which ha authonlts+ aver the reair-lttg scram provides watten authorization prl~ to development Plan approval. The applloant is re~onsibl8 fez Elieg s11 necessary applfcatians with the rdaho Dumont of Water Resources regarding Shallow it~ecbion Wells. 14, All signege shall bo is accordance with tits standards set forth i» Secdon 11- 14 of the City Zotaing and Development Ordinanoe. 15. All constxuctiou shell aanforiu t4 the requdremea-te of the Amexic~ns with Dtsabilida Act. lb. Applicant's (or successor's) failure to co>nply with any of the terms of approval of th® coa~dittanal use permit shall because for revocation of the conditional use permit. DSYII[API~tiTl' ACTT (AZ•04.03 t) Atiiit~IAl!d (3A771'9VAY - Pagan 5 of 1, f ~ C. Comply with ell th+s condidons in the c~ospoading apgli~ria~ in this matter, $~uost far Annexatfan mad Zoning, Azro~-031 mad any future conditional Use Pem~it r~u#renaertts. D. Adopt the sedan of the Clty Council taloan at their February 1, 20US meoting u follows: far oleriflcadon: 1. All fiuureusa an ptopasedlms orpan.els within the annexation eras shall be approved through the Co>iditloaal Use Pemait process. 2, Prior to the issuant~ of any building gvrnmtt on the subject pr+aperty, all existfng uses shall bs properly a'baeuiorted cK brought into complianae+ with the Meridian City Gads, Alarldlau Flue pe~tmant, and subject to the Gondi$ons of ACkID and xTD. 7. COMPLLINCEP~iOD/CONS~T`rTORE7ANl~: ThisAtand the commitments contained horoin shall be germinated, and the zaaing designadon eevessed. upon a default oP the "Uwnst' aad/or'~leveloper" or "Owaaf" and/or "l~eveloger's" haltu, auccossom, assigns, ~ comply with Seedan 6 ~titlad "Condidotts Qavar~ Davelap~t" of subject "Props~ty" of this aunt within two yeses a~P dte date this Agreement is affective, and attar the "Clty~" has complied with the notice and hearing procedures as autline~d fn I.C. ~ 67-6SOp, or any subsequent am~dments or re~diflca#ions thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNA~`IONa "Owner" and/ar'~v+elopar" colt upon default to the de~exation and/or a rove real of tl~ zoning lotion of the'~'topettlt'subjoct to and conditioned upon the fallowing condidons pY+ecedem t~wlt: 8.1 That the "Catty" provide written nodoe of any feilw~d to cmnply with this Ag~ieIIl~nt to "Owaez'' and/or "BaYelOpe!" End if the "avvner"' andlor`~eveloper" failatocure suchfailure within six (6) months of such notice. 9. IICTION: "(3wnea" and/or'~?evelopar" shall, immediately upon completion oP any pordon or the entirety of said development of the'~nagatty" as required by tide ae<e~ement or by City ordinenoe or golicry, notify the City Baginear sad z~oquast the City Ettgin~''s inspecdons and wthtea sppnoval of such caaraplated improvements or porrlou thereof in ecoardeuac$ with fire terws sad condit{ons of this Develap:nent Ag~reeinesnt and all other ordinances of the `City" that apply m said Development. 10 DEFAULT: DBVSi.~ ACxNT (A?r04.031) Iule[tIDIAN iiATBWAY -Pegs 6 of,~~ • 10.1 In die event " ~Ovvncc" and/or '~evolaper", "bwner•' and/or "Developer•8~ beau.successors, assigns, ar subs~ont awnen of the '~ropezty" ~ anyotherperson ac~itingsn lnteiest in rho "Property'', fail tie falihfullyc~mply with all of the+terms andcandidottsinchtded in this Aunt In connection wilt the'~Propatty", this Agreement may bcs modiiled or tsratinated by the "City" upon compliance with the requirements of the Zoning Ordinance, 10.2 A waiverby "City" afany defaultby `Owner" and/ar`~delopet~' of any one ar mom of the covenatrts ar editions h~ereoP shall apply solely ~ dre breach and breaches waival and shall not bar any other rights orremedies of "~' or apply to any subsequentbreach of any suck or other covenant and cor-diticnts. 11. BTQUNT F4R RECORDAT'I4Ns "City" shall necaacd either a metnorandam of this Amt ar this A~ment, lnclu~ng all of rho Barhibits, at "Developer's" cost, and sabntit pxaof of such xocording m "Owner" and/or `~evelop~", prior to the third readigg of the Meridian Zoning Ordinance in connection with the annexatlan and zordng of the'~roperty" by the City Cowual. If far any reason after such recordation, the City Council >7wsi'ls to adopt rho ardittence in c+wtnection with the annexation and zaadttg of tltts'~mperty" contemplated hereby, the "CYty" obeli execute and record an appropriate instrument of relea~ of this Agreement. 12. ZOIVINCs "City" shall, following recardatiatt of the duly approved Agreement, eaect a valid and binding ordinance zoning tlse'n'roperty" as spesii3ed herein. 1~. 1tEMEDI>~Ss Tids Agmemerttshall be~ble in anycourtof competent ,~urisdidion by either "City" or "Uuvrter" and/or "Developer", or by any successor or succ~asora in title or by the assigns of the parties hereto. Hatimo~tt may be saug~tt by an appropriate srctian at law or in equity to secur8 the sparif lc performance of the covcs~ste, a~ements, conditions, aad ablf,gations contained hei+ain. 13.1 Ir, th$ eva~t ~' a tnaterial breach ~ this Agreement. the parties agn3e that "city„ and "Ownef' ar-dlor "DovalQpa" shall Gave thirty (30) days afi~delivaryof notice of saidbreaah toot tltesameprYorto t~ nonasreachiagparry'a seekingof anyypmvidedforhaeia; providad~ however. Wet in the of aay such default which caonat with diligence bo cured withht such thirty (~o) day period. if ~ defaulting party shall cammertce to care the same within such thirty Y~BVBi.QPlYl~1T At3RBT~T (A7rQ4ti31) A~fRRmIAN tiATgWAY ~- Pam 7 aft • (30) dayperiodandthereaftershall pi+asecnte the awing of same with dili~nce and continuity, than the tome allowed to care such iydlura maybe exteoa~dforwch pWiodasruaybe necessarytocomplete the cndng of the same with diligeaoe agd aantinuity. 13.2 In the event the perfonua~e a£ any covenant to be performed hcaeunderby either "Qwnei"end/or'Z?evelope~' a~"(qty" lsdel8yed far causes which aeo beyond the bla coatral of the party responsibly for each perfononenaa, which shall include, without liniitatian, acts of civil disobedieaco, strikes or similar causes, the time far sash perFaimance shall be exbeaded by the amount o£tGme of s~ delay. 14. $U~TY 4F PERFORMANCEe The "City" may also regaiYe surety bonds, in+avoaable leg's of credit, cash deposits, cefti$ed chock or n~egodable bonds, as allowed imderMsridian City Code biz 5-3, to ~au~ tlsat i~taltet~v~ oftl~s inprovomenra which the "Owner" and/or `~velopet" agnms to provido, if mga3red by the "City". 15. CERTIFiCATR OF OCCUPANCY: The "Owner" and/or `~evelope~" agrees that no Cardficates of Qwupatcy will be fssued undl all improvcmcnta ere completed, unless the "City" and "Owner" andloz `~evelopet" have entered into an addendum agcewnant stating when the imp~oaements will ~ campietal in a ghased developed; and in any wont, na Cartiflcates of Ocaupa+~y shell ~ issued in say pha$e in which the improvements have cot bean installed, complet®d, and at~epted by the "City". 16. ABIDE 8Y AFL CITY OIiUINANC~: That "Owner" aadtar `Develop" e,~s to ablda by all ~ of the City of Meridian and the "Pmpesty" shall by sul~joct oo de-anne~taNon if the owner or his assigns, heixs, or sops shall avt meet the couditioas attained in the 173ndings of Fast and Cancluaions of Law, this Development Agceenaent, and the Qrdinancea of rho City of Meridian. 17. NOTiC~: Any notice desir$d by the parties and/or required by this A~ement shall be dwmed delivetedif and wh~personallydeHve~orthree (3}days after dalmsitin the U~Ststes Mail. Y+egistered arcerti~dmail, postage pn~aid, nebnn tecefpt requested, addroased as follows: C~?~ 1~~~ DBV.13i.OPBR: a/a City Engineer White Loaswe Develapxnent Company City of Meridian 416 S. 8ei Stmt, Suite 200 DBVl3LUPb~f'r AGR'BEblB1VT tA?r04.031) I~tID-YAN (IATBWAY,-Pam 8 af,~13 • 33 B. Idaho Ave. M~Idian, ID 836x2 with ~]- to: City C GYhr of Meridian 33 B, Idaho Ave. Meciaian, ~ s~642 Boise. Idaho 83702 'William and Macy Howell 497 'White Claud Drive Boise, Idaho 83709 17.1 A parry shall have the rtglit to change its addt~ss by deliverhtg to fire other party a wrlflen ref' tcativn thereof In accordance with the regttireusents of this sectiaa. 18. ATTORNEY FEES: Should any liti~lott be commenced between the parties heu~to concerning this Agnoament~ the ptevailingpattysha~l beentltled, in additionto any other zaliaf' as may ba granted, to oourt costa atui rea~nabl4 attorney's fees as detetmineB by a Gottrt of wompatetn Jurisdiction. This ptovl~an shall be dew~aaed tra be a separate wontract between the pardes and shall 8utvive any default. tetmittatloa or forfeiture of this Agoemeut. 19. '~1VIE x3 OF Tt~ FSSENCEt The parries heieto aaknowledga and agree that time is strictly of the e~enca with respect to and every term, condition and provision hereof. and that the i'ailur+o to timely perform any+~ the obligations hides shall constltuta a breach of and a default wader this Agt+~nnent by ~ other parry so failing to perform. 20. RAVDIlITG UPON $UCC[iSSORSt This Agreement shall be binding, upop and inure to the benefit of the paxties' motive haler, sucvessa~rs, assigps and Personal representatives, inoltiding "City's" ~rporate autheaittes and their successors in office. This Ag~+e~emertt shall be binding on the '°Owner'° and/or'~vetop~' of the `7'roperty". eaatt subsegtumt owner and any otltar 1 acquiring an most in the "Propeat~'. Nothing herein shalt in airy way prevent axle or alionadon of lira "Prvpertj~', or portions thereof. excerpt that nay sale or alianatiou shall be subJect to the pnovlsfons heteaf and any successor owner or owners shall ba both beae0ted and bound by tier canditioa$ and resldetions hereh- eXpu~essed. °'Cfty" agrees. epee written inquest of `°~wnet" and/or'~velopel'°, to execuxe appropriate and rewardable evidence of termination of this Agreement if "City'. is its sole riB~ AORB~D+IEN'f (Al) M~tt]DIAN (tATBWAY -Page 9 of 12,3 and reasonable diseration, had determined that "Ownea"' and/or "Develops:" has folly perfoaned, its obligabtans under this Aunt. 21. 11WALID PRLyVYSIp11l:If anyprovisioo ofthis Ag~.e~entfe heldaotvalid by a court ~c:ompcbent~udsdictlon, each prevision shall be deotr~d to be excised from this Agc~ent and the invalidity the~-f shall not aff~t any of the other provieiane contained herein. 2~. FlNAL AGRET= This Agr~att sets forth all promisee, iaducemeats, ag+re~aeuts. canctidon and understandings betwe~t "Owner" and/or `~ovelop~" and "City" relative to the aulsjeM matter heroof, and there are no pmmisee, agreemenda, conditions or uaderataiadi~g, eit}ter oral or written, eacpre~ or implied, betw~n "O-veter" and /or'tisveloper" and " City'. other than as are stated hoi+edn. Fa~cept as het~n ogterwiso luovided, no subsequent alteration, fit, change or s~tlition to this Amt shall be binding aeon the parties hereto unles8 redaced td writing and signed by them ar their succeeeora in interest yr their assigns, and pursuant. with c~ospect to "City", to a duly adopted ordinance ar reeoludon of "City". ?.2.1 N'v condition governing tiro gees atul/orconditlons governing development of the subJect "Property" herein provided for can be modit38d or amended without rho approval of the City Council aft the "t~ty"' has conducted public heariugts) In aa-ordance with the noticaa proviaiassz provldcd for a zoning designation and/or amendment in foicv at the tires of the proposed amendment. 23. EFF~CT,NL DAT$ QP'AC~1t~MEN'P: This Agreement shallbeeffediveon the date the Mexidian City ~ouQCi1 shall slops the ~ m the Meridian Zsming Oace in conn~tton with the ennexstion and zoning of the "Property" and execution of the Mayor and City Clerk, AC>~IGWLl~DGMENT3 IlV' wTTNffiS WI~RBUP, the partlea have herein e~xecutsd this agreement and lldade it effective as henainabove provided. ~~~ ~ ~ ; HY: to uro ComP~Y DBV'gIAF~1T Ai1R8~1VT (AZ-04.031)14t8R1DlAN O}ATB'9i-AY ~ Page 10 of,~3 ~~'~i William Havuall HY: Macy CITY OP' NIBR11)IAN ATx~c: a~i' William a, Berg, Jr. City Clerk STAB OF II7AH0 ) ss COUNTY OF ADA ) ~BAL ''~ tan thisdayof ~" :.~._, in the ~r2~5, befomme, a Notary 1'ttblia, pa~anally .lmawn aridentifie+d to me to he the of La L+~sineDevelopment Coz~ny, and tha who executed the ica~cuaaem and ackaowled$ed to ma that they having executed the s~_qn a~ or ~a~e~ NOTARY PUBUG STATE QF IDAh10 ~~ ~ (3 Notary P+~b a far Idaho Rosithng at: DBVEtAP~NT ACiR~Bt~VT {AZ-04031)1~RID1AN tiATBwAY -Page 11 of, ?~3 3TATS QF iDAHQ ) ss COUNTY OP AI)A ) • Commissi~ expires: "0~ On this day of ~ ~'' in the Yew 2t?OS~ Mare me, a Notary Pablia, par~onally appared lAM and MARY H©WBLL. husband sad wife, known or idea~ti~ed tc- rt16 to be the pe~ona who executed the instivaaent and acknowledged to ine that they having executed th®eatna. ~~ )NANGY7HRONCa~D NoTA>~r Pu®uc STATi= dF 1DAH0 I,fll, Natary Pub o i~or Idaho lemon expires: srAT~ oP lnAxo ) ea ,~'ha~,lN~i.~. County of Ada ) Un lids ~* day of ~.6 . in the year20~5, beforeme, a Nohny Public, pc~aannlly and William (~. Herd Jr., known or identi8od to ma to be the and Clark, r~Cdvely. of the City of Meridian, who exeoated the instrument the parson that exacut~lthalnstruuznantaf behalf ofsaidCity, and acknowledged a4 ma auoh GYty 8xecut~ the same. ~-co Pn~r C1 ®D . ,~ y, SM1Tj~ •4;; ~~ O J ~r~ N far Idaho ~ 8 ~ ~~rt~ia.. T"~;~ 'oa eXpires: _~07 DEVStAPM8N7' A (A?rQ3-0~ PAGE 12 OF,13 i ~. • • ~~ n Garay AZ~B+~gi . RoyJ~ & A PA ~" e •b~rva~a•tendpts~. ~~ tir~r~ . ~.,,.. ~~ B, Anna~fian and Z~m$ ~+~ ea .. lweriatan ©ats9riq- -- (~RellZ~-04-0.1) d iu 8eatiaa ~•22~, ]dslrv Coda The sabjeQt aa~cadan !a B ~O~ e~ is bed<tg in oannpU~e with dm Cste~ry "B" aaaes~daa retwets rliahe~ is &ogon SO.22z, Idsbo 4'oda Aae~gg rc Ordiaauae 11.13-ii, Gaoaecal Appliaeble to Zang Airs, bath tha Plameiag aad +~Oni4g Cow arei City Cau~dt ero required "ta iwlew dts parda~dar aad altarac~ t~'e~ peJ~tn~g arn~dma~ !n q f' Ike fi~dl+~w~g~ ~ and sJlrall "~ ade~tw~ ~wic~e+cae Ong tJte jol~owkep~e~rB~tAuep%pas~~rl~ga~" . .. . ~,~e' !s die ~ of dard,~ fo~ala~ to ~ t~i-y Cede 11-13-11 axd axalyatr bl' "A. WiU ~o aevrr aon4a~ be 1rer~uenlous wltii and fa accordance w~ tha Caaprehatisi~re Plan apd, !f aot, b~aa there been an appllcatle~t for a Camprchensive Plan sva~dareut; BtsfP ~ the 6~Ilowlag Goals, Objeadva, and A+ogaa iteeac co~d~-ed is the 2~ Caav+e Plea eo be eppEicabb to tbls applfoat(on fst~''ara~ ~ h+ !~ 6elawpvlt~y~: + `~eetriot ~ ~ and aooese paints oa aolis~ors ead errorisl etcects." (ChsAtrrYlt, Ciaal N, Q~ctiveD,At~aal~aa 2) . • Ttieldahr+ ~tfwi ~~ ~j !~ a poticyfor aaa~ to a Type I~Pr~pal Artarial wt118e at intersect ovtJj-. mrd spaced at oae"ha~'~stle ta u-bm- ar+sas 1TD aAmKS ~ (ot7rer tka-r i~ttersecdtons} in sp~Pat aaees and on a ~porary drat the proposed access peials maridianRoad (Slf 8y) sad Overrlattd Raadshall bestrittact ro the tata~i'~~ cy7TD and ACIID tssp~attvel~ In ~ntpliaece with die A~tdian GlongvrehensiveFlan no awbcuts slratL beallowed on l~taia~Metidlan Road (SX 69~ • "Rtgldt+~ agptropti8te Nape ~ baei~s alaag ~adsioa t~,grrldoat O'I~ive D, Aetloa fMm 4) The Appltcanf kas notaddreesed lam +t to Nte axlsting xses that are fo re~atn on~elte. 13~ has a paltey that i~ fratura r181~t t~f w~a}Y wlditr oa xra~-lpt,~oad w31t be larNJee~! am ~i side gjthe ~,ferline (240 cif ~~R 1~ ~ ~~ frantgge rid ~Vp~e~em m roams 7hegen~at rertatrem~,m of "PlD would not he in ~mpllaaSe with fire exmtir~g roe and would regr~tre ita~ trpDn ~ qja demited site plan mtd/or aubditvtstaa and/or oont0tlonat tree permit tasuams fho ' bsdiding set8aa~r. lamisr~pe irradeytractes, and the poterrttad,~ rlgl~t-~w~' acgWL4tfion araaAt a ttni~ sitriarton for die atfe, In order to atfNgate ~clpa~d probtenct a deuek+pntent agreement will be retrtttna~ • "Pwmit asw ...w~+aroisl ~ oely where ser+ricma can be tably pr+ov~drsd at the done oP flASI approval aufl 8evelopmeut is tsand~nta~ bo the ®h-~e (t~taptear N, Goal 1, O]~ecbtve A, Aotlon ftcen 0) T-ie lore p'~ Ryas not subnafued written commanrs for this site as ehe plans sa6miffed baseri on the aasrat retail rase any. Ore of ~ taaetmenta r+e~tved ~}soat the I~ Depat~,tett states that the existtr~ cam~eni~anaa store has several iteres Qtaaricern that world require camptiance +~ elJ'a a'etedled slto pima and/or subdlaWon and/or corrdiNmral we permit twar~ The subject site is tea~ly,etrvlte by GYp- r,JMeridian's sanitary sewer and xeyetes~s • uCrao~e new ooenmonlty coa~+ala1 aeess on sttes3ala or colleatms ru8r residue areas In such a way es m aomplee~+t with adjol:iing reslda~lel aYeeS." f ~, ~ ~, ~~'a B. Acdon ~ 3} . ~ • « '~iau far a vad~gr of aonuaaeaotal and ram oppoZttitni~ae with fhv Impact Arae." ( ~, Coal I• ~~~~ Theprttpa4satand sadatt~ t~ dop~vt~ a vorlety gJ"oommer+ctad uses to tlu~s areati as ~ the Comprehenah~ Pta~. ccaable aad oam+ente~ ~ d~allad ~ plea mast addre~ llre8e da~rea: . ~ bl tpe axra inatuded fa the ameudmeut intended to be r in the ~turei Sitardoes net at~l~pate that the Apglioaut icrbmde to rermua the subject ProF~Y in thofaturo. C. ~ the area tuciyded in the art ~ tq be develeped in fire faahtorn that wouEtd be allows wader the new zs~n~ -far es~gple~ a re~dentfal area twratog i~ato ~wmmerrlai area by nseans of oondhtonal nee p~'mObi D, Has there base a e8aape in the area or a~acent areas rv~h may dictate that the area shoWd ins rmonod. For - have the been vrideaed, new railroad a beau developed Qr planned ~ ad;~aeent area being deveioged ~ a fA dpaliat' t0 the prapoaed rer4ne ar~g $oat~a iipci~ Subdlvisloae 1-3 have recently been ameaed sad davaloFal w&lt oonm~ai lam osw bz dais area. Thera era eavagl develogmeata ~ dw area that Nava doevolopod W a f~eMa~q abt to tho propaed re~na aces. E. i~VW the proposed uses ba dmi~ttd, eoassruotad. operated and maintained as be >rarmoaious and appropriaba !n sppeannee lira or Mended ehacacter of lice panel vic~btii~r and drat etu~ use wW not ehanga fire eaetntlal character of fife same area= • . ~'. WIH the proposed saes not be haaerdane or di~bin~ to eacYpgg or future neJ~hbar~ woes ~ W~! tha Dees be nerved s~ste~j+ by esesnfia! pnbife facAlibtee anti eerotcee sueh m ~ atreom, pet[a+ and tiro inn, d~relnado atrna~rea, relhse dLpoea4 rv#tBr, sewor or that the pe~olf responefble for the e,~ of proposed ooning ~ue~ment t~w1i be e~bte to provide ~~~~~ de beoembuer 3, . 8 ~aiot a~r/~1~ oommenta meedag was hatd wiflt t+apl+eaentetfv~ of key aecvtaa p:oviden ba t1~is property. Ttta MerYsllae Fire Daperte~o®t has oo~aaerns with a~+intlity of tbfe site, ea it oautame several ~• WW not crcate +~ccemtve addNfoael roq~ at publie east tar public ~ s~ Bervtoae eml wlii not be detrf~tcuta! to the cee~omis wejfs~+e of ttw ~a~aauetq-t If this annaaradod~ #~ app~~, the developer wnl be 8aaacigg the eateoslan of a~ve~ water, ]aea~Vi~aal infea~ructure, utitiaes sad in~adaa aetvhoa to seceo the project. 17ee pay trobbc caste to sire the fi~bure alts will be i~a sad paliae services. Std fluds that this davetopmemt wj11 not a ~cosesive additiaual rogoirem~ at public cost. 'W® ma paced use; sot ia~-a~lve ~qy1~, Pi'acoaeea. mete-~1a1~, t sad was of operaifOa that afit be dm1 to say peas, pseporly or the ~er~ m~'sra 6y ceases of excessive prodadt+ou of ~~, dare ar adereg J~ Stafy'~d6 ti~at ~Y uses ~y impact tTeD ler~ and flow of traffic on the ~8 rosawaye. Chapter Vft of the Gornpive Plea ate ~ die City should "R~bdat sub outs sad access paints-on aalletdats and a~rte7risl streets " tch~pc~ vn, ~ ~v, ot~ectiveD, „ itema~. ~/W the area have vehkaiaur approscbas to tho property wLtch shat[ be sa deaiga~ aw net to create an bttertiu~renae ~vlth traf~o au sarraWidh~ pablic streeeBt • A~ ha$ tROt evaluatOd tl~r proposed amour to tide site fintn t7veJlaad Raid, white tl'D bas,~rnfdiodan avdc access to Rat-iV~r~as Road (9FI d~.11re TTD and Ate t~epor~ ~r tht~e ~ projects should prcrvlde additlomrl infonnadon teget+ding this pardon offida Boding, $tsffibei8 that the aeaessro will be adequateIY adde~e9 by flitrtra applicatioas. iTD hoe indiaatod tQ the qty tho policy for access to s ate ,lV' 1'elnodpa! Arterial (9H t~ wW ~ ~ inteeaeetiooe only, end spaood at oaehalf ate intervals in ur>~a elem. TT'D allows appcoaoh® (other then intea~) to epedsl c sm1 ot- a tpry basis (s®e letter ttom 1TD~ 1.1')r1'+s polity on apprmchas leasma the abiHgr of driveways tp creato iater6ercnce as the rcadway~ S~$nds that ao cash oats or ao~ to Kama Mieddia~t Road al~a1! be talwn fimo tl~ia site upon development. IG ~ldU not resW! In the ~trucbloq tars err damew of o natwal or scents fsrtnre of s~or ~ sad Slam' is act aware of say natin~al +ar aceafo tea) that would bo low damaged or destroyed by allowing this eta to be aaawcad. ~aed and developed with cam~ial uses, Aay wtisdng trees larger d~ ~' aalipar that aro removed shall be adtlgebed ibr. per deer I.Ae Ordnance. Fr~rs development shall be is oomplian~oe- w18t dte Sceoio and Histoiica! Byway wale sad polioiea. I.. Is the proposed avlilag a~edmeut In tlhe bent htterest of the t:lq- of ~ taro. ~ u-1~->~92y- ~ bs~tn ~ ~~ ~~ the~~i~8e Corr: • the develop is the aloe have developed in a ihahlon similar to tiro prap~ed cane area (aommeroial); * sadtary soweir and wad systems aro rowdily available to provide ~ 1~~ rotatl stogy use may involve aah+itiss, processes, ma~iels, ~ and/ ovodit~a that wIp addidooal ttaaffie, noieq iiimea mdlor odors, ea well as other ~re~lve poblio impacts that can bo mitiwted tljtough development ot'~e ~o- • the eadeting usro dud are to rmmio, slgaeger Isadsoaping„ pu4lio iai~tructuro (~iprvallc, bike lanes}, ddvo-aialee, or parking, arc ~ be brought tttto oo~piiance with ~rr+ant City Gods upaa developmem of the • the existig9 ~ , landscal>~& and leek of a fnmtege road or a~ouadug ~r ad<itttcrtal right-a~ way ou Kaae~Maidian Road does nct meat policies aWlined in the Comprehensive Pisa and Meridian (:ity Code sad would be regained prier do s~odevelopment ofthe sits • 1Vtr. Yfowell hes the S~towiag vialatiaue of Adq Camay Codes Tula 8 exiatipg o» b!s pt+a~y that will be mit~ated t+edeveiapaaent of tim eitio: Act m dte.~&t tountjr Cow J~ou l~Cer. Afi:liowell /tas a ~tted.Ae~yard ~t dre present ~e wttlm~ hptd~ an opprovoed atetatled alteplmt, Abe a~a where tJie ~r~tl~ ftprii a~tor~b/le~ a,+e be~iig is m viwe ofAda Ca~}y Coate. 1. Th8 daac~ptiotl aubmsitted with the spplieation meets the e+cgvdreanents of the City of Meddiait and Stale Tax Cammisti~ ami plaaea the pal anatigiious ~ atci aigr limits. 2. T>m ~~ psapesty i$ within the Usban 8essrlce Plaaaiug Atae-. 84seatial City services can 6a made availabrio b tim subject psopaty. 3. All fttture davelogmzat au mid pxaporty ehali congo~,y widt the 4Yty of Mmtdten ~ m a~Ot at dt~a tianw oPappliaadan• 4. #~}r ex~ing dapmtestia ~ and/or aepdo ~aara withiA this prccyax will have to 6e d theft domeada aeavlca peer City ~ Soctian 5-7.417, when servlcea are avellable ~ Qw Cigr of Mmidiea. Wald may be used far aotr damastio PmP~+ es Ike irri~galion. S. Prat m the aaaeoAtatitaa ore syprp+vat, a pevetppatpd ABrcaoo~p~t (bq~ ahali im egad into fhc+ City aPMctidhuy pmSmM1y owner (at the lima of am-eacedan a~inanee adOpSc~. nod titp deveh~ The eppliaat sbraatl cantaot ffie Ciq' Att~ney, at 88&4433 to init[ate Chia yrocros,,~The DA ehaU invotpotste tho AU fimna v~ oat p%posed io8c ar parcels within tha ann®catiaa area s be m~ppmved ttuau~ the CAasditi~al U~Pmnit pia Frior m ieauanea of ~Y ~ permit on the sgbj~ pa+apreri3r, ell e~cistiu8 uses ateall be w~rly abausoaed or'Ix+aught into compliance nth the Meaidiaa city Cede. Mwidian Piro Dep~nnent, and eob3aat to the couditians of ACRD and 1TD. .. ~If, ,t Y y y!: ~ - ,~YY~,IC~Y ~~nl~ YY~1 ~ _ i ,i 4 T • The Metidimt Fh+o rppr~t hag nat paavided written ~stimae~r ~r the e~tfea, 'T~e flro ~mcy hae iwdf~ted ~ tdmrtetgtho r aoapp~nt~ meeting that ~'Y would be req co~ngiiau~aoe ~ t~odevelnpment Qf the fie. bt pm~iouta~ tho~r ytoted 1M Polbwing p~oieo omwpe i 1 • • EXHIBIT' C Preliminary Plat y ~~~w~qn ;alu4`L7~+!ttrlgli~i!y 9~rrMr+e+'~$/tp, . R.~ 1'bR7c~ ~l~lb-~11W1"I~~id .~ ' i -vi~r~rnitrr~n$:bNla3~ ; ~~..~ ~ '~~ .f . i • ~ . t D ab. B '~~ ~ ~ ~~~~ ~' ~. I I I '~ f ~1 ~b ~. t 1 ' ~. y V ~ fir'.. • A ~} ., ~ ~' ~• ~ . ~ I ~~ ~~ ~ . ~~ • July 6, 2007 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT ITEM NO. S-I REQUEST Public Works Change Order No. 2 for the Water Division Building Phase 1 Project (design) with BRS, Inc. for $5,373.16 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mer(dian. REC~zv~r~ City ®f li~lerei.dian City Clerk Office Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., Public Works Director Rids Clinton, Water Department Superintendent Date: 7/5/2007 R~ Proposed Agenda item for July 10, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the Juiy 10, 2007 City Councl agenda, under Consent Agenda, for Counal's consideration: Chance Order No. 2 for the Water Division Building Phase I proiect (design). Additional work is required for additional consulting/design services for the construction of the new Water Division Building. This change order consists of the following work and amounts to 8.7% of the design contract • Provide addfional services for the REBID of the project Provide additional consulting/design services as construction progresses. The associated values are deta~ed on the attached BRS Project List and referenced in the Change Order No. 2 form. Recommended Council Action: The Public Works Department recommends that Clty Council approves Change Order No. 2 for the Water Division Building Phase 1 project (design) with BRS, Inc for $5,373.16 and authorize the Mayor to sign it. 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 tt~ desk of... Max Jensen Frrgineering Technfaan Mercian Punic works DepaM1ent 680 E Watertower, Suite 200 Meridian, Idaho 83642 Rhone: {208)898-5500 Fart {208)898-9551 leruenrr-@-neddianc(tY-o-9 s Page 1 i CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 2 PROJECT NO. 0607 DATE: 7/05/07 EFFECTIVE DATE: CONTRACTOR: BRS Architectt~ PROJECT: New Water Division Building, Phase I (Design) Reason for Change Order: Additional services required for REBID of the project. Additional services required for consulting/design services as construction progresses Attachements: BRS (Project Architect) Project List CHANGE IN CONTRACT PRIICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 62,000.00 Original Contract Times: Completion Net changes form previous Change Order:; Net changes form previous Change Orders No._0 to _1_ No._ to _ (calendar days) $8,206.47 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $70,206.47 Net Increase (decrease) of this Change Order: Net Increase (decxease) of this Change Order: (calendar days or date) $5,373.16 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $75,579.63 REC MMENDED (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) E~ By: Date: ~, ~ ,O ~ pate: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • Project List BRS ARCHITECTS 04007.00 MERIDIAN WATER 00407 BLDG CONSTRUCTION DOC'S $ CA 62,000.00 04009 TEMPORARY FENCED IN PARKING -billed to date $3,891.62 00010 REBID- billed to date $9,448.41 00011 PASS THRU BETWEEN DATA ENTRY t4 CONN SVC -blued to date $ 240.00 "End of report -1 project Ilstsd " Reason for Charms Order Task 008 Additional Services required for consulting {BRS invoice # 19018) $ 1,980.00 Additional Services required for consulting (BRS invoice # f9890) $ 1,911.82 Tote! ; 3,881.82 Task 010 Reba Additional Services for REBID (BRS invoice #20316) $ 1,126.41 AddiHonal'Services for REBID {BRS invoice #20554) $ 8,041.60 Additonal Services for REBID (BRS invoice #20614) $ 280.00 Total ; 9,448.01 Task 011 Pass thru Data Fury and Consl Svc Additional Services (BRS invoir~ #20912) $ 240.00 Tote/ ; 240.00 Tuesday, July 03, 2007 4:08:16 PM Grend Total 313.379.83 Fee Recap Total Fee $ 62,000.00 Total Add Svc Professional Svc thru 4/07 $ 13,579.63 Total $ 75,579.63 ~.~.. ~A syp Svc. ~I ~,e... S~ ~ `-i'+-aa41y~+- '~'/ 7 '~ t ~J, 57 `J • to ~ ~ ~a`v~oas CH~Wc-~€ L?x~t.~'t ~L s, zom.9--7 1 vp4.~.. ~ ~'b4tVG~ Q~2Ol=-~~ Z. ,'~ s~ 'j7.3 . l rlp i JUIy b, 200 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT ITEM NO. S-.I REQUEST Change Order No. 1 to the Schindler Elevator Contract for the City Hall Project not to exceed $l,b(m.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctfy of Meridian. ~~~ JUL - 6 ~~~~ City of Meridian City Clerk Office Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Keith Bird, Stacy Kilchenmann, Wes Bettis (Petra), Jon Anderson (Petra) Date: 7/6/07 Re: July 10 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 10 City Council Consent Agenda for Council's consideration. Approval of Change Order No. 1 to the Schindler Elevator Contract for the City Hall Project. The Architect has substituted Plastic Laminate Wall Panels for the previously specked Acoustical Panels (by others) for a cost savings and durability issues. Recommended Council Action: Approval of Change Order No.1 for the Not- To-F~cceed amount of $1,600.00, and authorize the Mayor to sign and City Clerk fo attest. Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. CH-7-001 DATE: 7/6/07 EFFECTIVE DATE: 7/10/07 CONTRACTOR: SCHINDLER ELEVATOR CORP. PROJECT: ELEVATORS The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Architect's Supplemental Instructions to Substitute Plastic Laminate Panels for the previously specified Acoustical Panels. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for change order: Change from acoustical panels (by others) to plastic laminate panels (by Schindler) for cost savings and durability. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 222,100.00 Original Contract Times: Completion 1/12/06 Net changes form previous Change Orders Net changes form previous Change Orders N0._ to _ No._ t0 _ (calendar days) $0.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $222,100.00 2/29/loos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. (calendar days or date) $1,600.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $a23,7o0.00 ~/zs/ZOOs RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) Schindler Elevator Corp. By: By: Date: Date: APPROVED: (cnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • July b, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Legal Department ITEM NO. 6-A-1 REQUEST Discussion of Draff Ordinances for Mayor and City Council Compensation 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: Contacted: Emailed: COMMENTS Se® artFached ~/l~/off ~~,~"' Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDL~N ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA BY THE CITY COUNCII.: 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 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 IT 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: 1-6-5: COMPENSATION: A. The annual compensation of the mayor shall be as follows: 1 ~~-tnnvcar of 116f~ ~a' 1, 11 1 1 ~~# ~1, ,i 1,,,,,,l,.o,l ~#,.,a„11.,..~ ~QC~9~cn nm~ ~PFt~F~E'vir~f.~-ai T , ~ a..aaua v« Mayor Compensation Amendment - i OF 3 ~Q~ ~_~ C~°E 1_The mayor shall receive an fi~e~e~~ (3%} increase to the annual salary on January 1, 2007, for a total annual salary of sixty three thousand six hundred sixty nine dollars ($63,669.00). 4.2. The mayor shall receive an increase to the annual salary ~$~S9A:A~), effective on and after January 1, 2008, consistent with the beginnin og f 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 ($70,195.00). ~. 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 74 committee comprised of no less than sue) five 5 various citizens, business leaders, and former elected or ap op inted officials of the city of Meridian ~al~ be-feed prior to the budget workshop during every ~>°°~ ^~ ° ~ °=>^r°' 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, 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 recent or current increases afforded to all other City employees, 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. 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. Mayor Compensation Amendment - 2 OF 3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2007. MAYOR ATTEST: CITY CLERK Mayor Compensation Amendment - 3 OF 3 CITY OF MERIDIAN ORDINANCE NO. 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 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: 1-7-9: COMPENSATION: A. The annual compensation of the members of the city council shall be as follows: 8-A9A:AA}-°e-onand~e~; 2A(~ ~~ , 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. City Council CompensationAmendment - i OF 2 • i 2. Each member of the city council shall receive an annual salary of nine thousand three hundred and sixty dollars ($9,360.00), effective on and after January 1, 2008. 3. Each member of the city council shall receive an annual salary of nine thousand seven hundred and thirty-five dollars ($9,735.00), effective on and after January 1, 2009. ~. 4. 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 ~4 committee comprised of no less than s+7~ five 5 various citizens, business leaders, and former elected or ap op inted officials of the city of Meridian ~e~er~d prior to the budget workshop during every 3~~yer-al 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, 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, recent or current increases afforded to all other City employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be 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 ATTEST: CITY CLERK MAYOR 2007. City Council CompensationAmendment - 2 OF 2 July 6, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Public Works Department ITEM NO. 6-B REQUEST Discussion of North and South Black Cat Trunk Reimbursements 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 shall become property of the City of Meridian. .. O ,o a~ .~ O ~ ~ ~ O ~ ~ o~ ~ ~ '.F ~ U ~ O ~ ~ O ~ U .~ O ~ ~~ O ~ ,--, ~ N ~ ~ '-~ ''"' ~ ~ O ~ ~ ~ U O Aw .-~ ,-~ 0 ~..~ ~• ~~ ~~ ~~ ~~ ~~ ~~ ~ r--' ~, U ~O ~ ~ ~ 4J ~ ~ ~ ~ CJ O ~ ta.~ ~--~ ~ ~ ¢, O ~ ~ ~ ~. bA ~ `~ O cd ,s i O ~ ~ O A ,~ ~-. N ~ ~; ~~ U ~ ~ ~ ,~ O ~ ~ z .~ ~ ~ ,~ '~ ~ ~ ' ~ S-~ w O U ~ N ~ bA ~ .~ O ~ ~--' N ~ ~ O ~'~ AH ~-. M i a July 6, 2007 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT ITEM NO. $ REQUEST Request for Reconsideration of Denial of Appeal Application for Primerica Sign by Todd Mendel 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meddfan. July 6, 2007 AP 07-005 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Todd Mendel ITEM NO. 9 REQUEST Findings for Denial -Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign - 1640 West cherry Lane, Suite 100 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 aHach®d Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • July 6, 2007 FP 07-019 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Landmark Development Group ITEM NO. ~ O REQUEST Tabled from June 26, 2007 -- Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 -- southeast corner of Eagle Road and Ustick Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached REV Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 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. ~J • BEFORE THE MERIDIAN CITY COUNCIL C/C JULY 10, 2007 IN THE MATTER OF THE APPLICATION OF LANDMARK DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 16 COMMERCIAL BUILDING LOTS ON 17.348 ACRES IN A C-G ZONE LOCATED ON THE SOUTHEAST CORNER OF EAGLE ROAD AND USTICK ROAD, PARCEL A OF RECORD OF SURVEY N0.7281, WITHIN A PORTION OF THE NW 1/ OF T. 3N., R. lE., SECTION 4 CASE NO. FP-07-020 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 July 10, 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: July 10, 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 GATEWAY MARKETPLACE SUBDIVISION N0.2, PARCEL A OF RECORD OF SURVEY N0.7281, WITHIN A PORTION OF THE NW '/ OF T. 3N., R.1 E., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MAi~tKF.TPLACE SUBDIVISION NO.2 / (FP-07-020) Page 1 of 4 • • MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/15/07, SHEET 1 OF 3, WAITE LAND SURVEYING, LLC", LANDMARK DEVELOPMENT, 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: July 10, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 11 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 additional requirements of the Council taken at their July 10, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their July 10, 2007 meeting, and specifically pertaining to the Staff Report, under General Requirements, number 2, such now the condition shall read as follows: General Requirements 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 obtaining building permits. 1.2 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION N0.2 / (FP-07-020) Page 2 of 4 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDMSION N0.2 / (FP-07-020) Page 3 of 4 • • 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. '~" By action of the City Council at its regular meeting held on the ~ ~ day of 2007. ATTEST: WILLIAM G. BERG, Copy served upon: ~O.1~QYYl~I IL9.9~.-~ ~'~ `~ ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION N0.2 / (FP-07-020) \~At1~~seullillrrrr~~y: ~~ ~~~~`~®\C~~'~ `s~~9~ YOR de WEERD ~~. ~, t ' ~~s ~ ,~ ~ \. ~~r~rrrrrri nu~~<<~~'\ Applicant Planning Department Public Works Department City Attorney Page 4 of 4 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT f - 1 :- STAFF REPORT: Hearing Date: July 10, 2007 `'`~ ~'~ " ~-= > Transmittal Date: July 5, 2007 1~ ~ ^ ` .~~Y q ir~,~w~a ~pr~i ~''y~i s~ TO: Mayor and City Council ~~ `° ~F~$F FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Gateway Marketplace Subdivision No. 2 Request for Final Plat Approval of Gateway Marketplace Subdivision No.l Consisting of 16 Commercial Lots on 17.348 Acres in a C-G Zone by Landmark Development, LLC (File# FP-07-020). 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 SUIVIlVIAIZY & LOCATION The applicant, Landmark Development, LLC, has applied for final plat approval of 16 commercial lots on 17.348 acres of land for Gateway Marketplace Subdivision No. 2. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Gateway Marketplace Subdivision No. 2 is located on the southeast corner of Eagle Road and Ustick Road in the NW % of Section 4, T. 3N., R. lE. This property has not been previously platted. The City Council approved the preliminary plat for Gateway Marketplace Subdivision on July 18, 2006. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Gateway Marketplace Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-03-018), development agreement (Inst. #104107406), preliminary plat (PP-06-002), and variance (VAR-06-002) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 07/18/08, if the City Engineer's signature has not been obtained. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature of the final plat by the City Engineer, the applicant shall provide cross access to the parcels east and south of the site; provide a copy of the recorded document(s) to the Planning Department. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No. 2 FP.doc PAGF • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Provide instrument number for the water main easement on the face of the plat. 6. Provide instrument number for the sanitary sewer easement on the face of the plat. 7. Provide instrument number for the center line sewer easement on the face of the plat. 8. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide the appropriate documentation from County Surveyors Office that Gateway Marketplace is an approved subdivision name. 9. The commercial cross access drives to the east of the site shall be constructed according to the private street standards in UDC 11-3F-4, the width of the travel lane shall be at least 24 feet or 26 feet wide, as determined by the fire marshal, a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted red, post the private street "No Parking", gates or other obstacles shall not be allowed, and construct a 5-foot wide sidewalk on each side of the private street, as proposed. 10. Graphically depict the required 35-foot wide landscape buffer easement along Ustick Road on the face of the plat. 11. Graphically depict the landscape buffer easement along eastern perimeter on the face of the plat. 12. Graphically depict on the face of the plat a 10-foot wide public use easement along to Eagle Road for the multi-use pathway. 13. Internal sidewalks and landscaping, in accordance with the UDC and the preliminary plat, shall be provided within the subdivision. 14. 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. 15. Revise or add the following note(s) on the face of the plat prepared by Waite Land Surveying, LLC, stamped on 05/15/07 by Todd R. Waite, prior to signature of the final plat by the City Engineer: 7.) Revise note to include Ustick Road. *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to Eagle Road, Ustick Road, and the eastern perimeter that are not within common lots. *.) Add note, "Maintenance of all common areas shall be the responsibility of the Gateway Marketplace Subdivision Business' Owners Association." *.) Add note, "This plat is subject to a development agreement recorded as instrument number 104107406 of Ada County Records." 16. The landscape plan, prepared by The Land Group, Inc., and dated 04/23/07 and 06/29/07, shall be revised as follows: a. Depict the lawn symbol in the landscape buffer on the eastern perimeter. b. Include the tree class in the plant schedule. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No. 2 FP.doc PAGF • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Page Ll .1 and Ll .3 are approved with the above revisions and the pending approval of the Findings of Fact, Conclusions of Law and Decision & Order for the variance (VAR- 07-010) approved by the City Council on July 3, 2007. The landscape buffers adjacent to Eagle Road, Ustick Road, and the eastern perimeter, are subdivision improvements and shall be installed prior to occupancy of the first building. The internal landscaping for the individual lots/buildings and parking areas not approved with this final plat, they will be reviewed with each individual CZC. Per the preliminary plat findings, landscaping, patio, and cooperative outdoor user space shall be provided on Lots 10- 15 with each individual CZC. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 17. 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. 18. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIIZEMENTS 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. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscapuag, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No. 2 FP.doc PAGE • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 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. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Gateway Marketplace Subdivision No. 2 (FP-07- 020) with the above stated comments and conditions. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No. 2 FP.doc PAGE • July 6, 2007 FP 07-020 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Landmark Development Group ITEM NO. 11 REQUEST Tabled from June 26, 2007 -- Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gateway Marketplace Sub No. 1 -- sec of Eagle Road and Ustick Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached REV Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 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. • • BEFORE THE MERIDIAN CITY COUNCIL C/C JULY 10, 2007 IN THE MATTER OF THE APPLICATION OF LANDMARK DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 2 COMMERCIAL BUILDING LOTS ON 5.51 ACRES IN A C-G ZONE LOCATED ON THE SOUTHEAST CORNER OF EAGLE ROAD AND USTICK ROAD, PARCEL B OF RECORD OF SURVEY N0.7281, WITHIN A PORTION OF THE NW 1/ OF T. 3N., R. lE., SECTION 4 CASE NO. FP-07-019 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 July 10, 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: July 10, 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 GATEWAY MARKETPLACE SUBDIVISION NO.1, PARCEL B OF RECORD OF SURVEY N0.7281, WITHIN A PORTION OF THE NW'/ OF T. 3N., R.1 E., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO. 1 / (FP-07-019) Page 1 of 4 • MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/15/07, SHEET 1 OF 3, WAITE LAND SURVEYING, LLC", LANDMARK DEVELOPMENT, 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: July 10, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 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 additional requirements of the Council taken at their July 10, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their July 10, 2007 meeting, and specifically pertaining to the Staff Report, under General Requirements, number 2, such now the condition shall read as follows: General Requirements 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 ~-~ ' '~~ ~ ~ obtaininu building permits. 1.2 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO. 1 / (FP-07-019) Page 2 of 4 • The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should 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 ofoff--site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO. 1 / (FP-07-019) Page 3 of 4 CJ 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of 2007. ATTEST: WILLIAM G. BERG, Copy served upon: \aaaa\\,'`~~~01111111f//////'///~s e~\ ~~~ ~ ~~ ~~~ IE~AYOR T de WEERD ~~ _ J ~~' ~_ ., ~Y • ~~~ Planning department ublic Works Department City Attorney ~ ~,~ ah>n..., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO. 1 / (FP-07-019) Page 4 of 4 s ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 1 ~~ STAFF REPORT: Hearing Date: July 10, 2007 , ~ ~,~; Transmittal Date: July 5, 2007 ~`'~~° '~= ~ . i~ ~o ~,~, ~, TO: Mayor and City Council ~~ ~~~ F. FROM: Kristy Vigil, Assistant City Planner ~ ` 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Gateway Marketplace Subdivision No. 1 Request for Final Plat Approval of Gateway Marketplace Subdivision No.l Consisting of 2 Commercial Lots on 5.51 Acres in a C-G Zone by Landmark Development, LLC (File# FP-07-019). 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 SiJNIlVIARY & LOCATION The applicant, Landmark Development, LLC, has applied for final plat approval of 2 commercial lots on 5.51 acres of land for Gateway Marketplace Subdivision No. 1. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Gateway Marketplace Subdivision No. 1 is located on Eagle Road, approximately a % mile south of Ustick Road in the NW '/a of Section 4, T. 3N., R. 1 E. This property has not been previously platted. The City Council approved the preliminary plat for Gateway Marketplace Subdivision on July 18, 2006. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Gateway Marketplace Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved, annexation (AZ-03-018), development agreement (Inst. #104107406), preliminary plat (PP-06-002), and variance (VAR-06-002) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 07/18/08, if the City Engineer's signature has not been obtained. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature of the final plat by the City Engineer, the applicant shall provide cross access to the parcels east and south of the site; provide a copy of the recorded document(s) to the Planning Department. Exhibit "A" FP-07-019 Gateway Marketplace Subdivision No. 1 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Provide instrument number for the water main easement on the face of the plat. 6. Provide instrument number for the sanitary sewer easement on the face of the plat 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide the appropriate documentation from County Surveyors Office that the usage of Gateway Marketplace is an approved subdivision name. 8. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed from the site. 9. The commercial cross access drives extending to the east of the site shall be constructed according to the private street standards in UDC 11-3F-4, the width of the travel lane shall be at least 24 feet or 26 feet wide, as determined by the fire marshal, a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted red, post the private street "No Parking", gates or other obstacles shall not be allowed, and construct a 5-foot wide sidewalk on each side of the private street, as proposed. 10. Internal sidewalks and landscaping, in accordance with the UDC and the preliminary plat, shall be provided within the subdivision. 11. Graphically depict the required 10-foot wide landscape buffer along eastern perimeter on the face of the plat. 12. Graphically depict on the face of the plat a 10-foot wide public use easement along to Eagle Road for the multi-use pathway. 13. Graphically depict the required water connection and easement to Eagle Rd 14. 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. 15. Revise or add the following note(s) on the face of the plat prepazed by Waite Land Surveying, LLC, stamped on 05/15/07 by Todd R. Waite, prior to signature of the final plat by the City Engineer: 7.) Revise to read, "...approved by ITI) and the ..." *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to Eagle Road, the eastern perimeter, and the southern boundary that are not within common lots. '~.) Add note, "This plat is subject to a development agreement recorded as instrument number 104107406 of Ada County Records." 16. The landscape plan, prepared by The Land Group, Inc., and dated 04/23/07 and 06/29/07, shall be revised as follows: a. Depict the lawn symbol in the landscape buffer on the eastern perimeter. b. Include the tree class in the plant schedule. Exhibit "A" FP-07-019 Gateway Mazketplace Subdivision No. 1 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Page L1.2 and L1.3 are approved with the above revisions and the pending approval of the Findings of Fact, Conclusions of Law and Decision & Order for the variance (VAR- 07-010) approved by the City Council on July 3, 2007. The landscape buffers adjacent to Eagle Road and the eastern perimeter are required subdivision improvements and shall be installed prior to occupancy of the first building. The internal landscaping for the individual lots/buildings and the parking areas are not approved with this final plat, they will be reviewed with each individual CZC. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer 17. 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. 18. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 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. Exhibit "A" FP-07-019 Gateway Marketplace Subdivision No. 1 FP.doc PAGF • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 fmal plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 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 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Gateway Marketplace Subdivision No. 1 (FP-07- 019) with the above stated comments and conditions. Exhibit "A" FP-07-019 Gateway Marketplace Subdivision No. 1 FP.doc PAGF July 6, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 PFP 07-001 APPLICANT Walker Homes, Inc. ITEM NO. 12 REQUEST Continued Public hearing from June 26, 2007 -Request for a Preliminary /Final Plat approval to subdiviside Lot 13, Block 3 of Vallin Courts Subdivision to create 2 new lots for Benewah - 2673 N. Ridgebury Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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 Previous Item Packet J Minutes See aftached REV Staff Comments u ,,~~ ,~ ~~ kid ~~y' ~f~ Date:Z ~ ~~ Phone: ~~~-( ~~ „~ • GO Staff Initials• Materials pres®nted at public meetings shall become property of the CHy of Meridian. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 STAFF REPORT Hearing Date: 7/10/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Benewah Subdivision • PFP-07-001 z ,~, e~~~ ~~x~~~z~~~~ ~ 3~ '~.:~ ~r Request for Preliminary /Final Plat of Two (2) Residential Lots on 0.448 Acres in an R-8 Zone, by Greg Walker 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Greg Walker, has applied for Preliminary /Final Plat (PFP) approval of two (2) residential lots on 0.448 acres. The property is currently zoned R-8 (Medium Density Residential) and is located at 2673 N. Ridgebury Avenue in the SEI/ NE% of Section 1, Township 3, North Range 1 West, B.M. This site is currently designated "Medium Density Residential" on the 2002 Comprehensive Plan Land Use Map. The subject property is commonly known as Lot 13, Block 3, Vallin Courts Subdivision. The Vallin Courts Subdivision was recorded in 2005. The Applicant is proposing to subdivide Lot 13, Block 3, into two new lots, for Benewah Subdivision. The lot sizes are at approximately 8,900 and 10,600 square feet. The subject development is eligible for a combined preliminary /final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside, or the like (iJDC 11-6B-4A). The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUNIlVIARY RECOMMENDATION Staff recommends approval of PFP-07-001 for Benewah Subdivision, as presented in the staff report for the hearing date of April 19, 2007, based on the Findings of Fact listed in Exhibit D and subject to the comments listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on Apri119, 2007, Mav 3, 2007, and Mav 17. 2007. At the Mav 17, 2007, public hearing the Commission voted to recommend approval of the subject PFP application. a. Summary of Commission Public Hearing: i. In favor: None (Applicant did not show) ii. In opposition: None iii. Commentin~• None iv. Written testimony: None v. Staff presentine application: Amanda Hess vi. Other Staff commentins on application: None b. Kev Issues of Discussion by Commission: i. Perimeter fencing was installed with the Vallin Courts Subdivision. c. Kev Commission Changes to Staff Recommendation: i. None d. Outstandins Issue(s) for City Council: i. None Benewah Subdivision -PFP-07-001 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-001, as presented during the hearing on July 10, 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 Number PFP-07-001, as presented during the hearing on July 10, 2007, for the following reasons: (state specific reasons for denial of the preliminary/final plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07- 001 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: 2673 South Ridgebury Avenue SW% NE %, Section 1, T4N, R1W b. Owner: Westminster Homes 128 S. Eagle Road Eagle, ID 83616 c. Applicant: Greg Walker Walker Homes, Inc. 880 E. Franklin Road, Suite 306 Meridian, ID 83642 d. Present Zoning: R-8 (Medium Density Residential) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): January 12, 2007 2. Date of Final Plat (See Exhibit A): January 25, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance. By Benewah Subdivision -PFP-07-001 PAGE 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Apri14, 2007, & April 16, 2007 (Planning & Zoning Commission) June 4, 2007, & June 18, 2007 (City Council d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Planning & Zoning Commission) June 1, 2007SCity Council) e. Applicant posted notice on site by: Apri19, 2007 (Planning & Zoning Commission) June 16, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant land. Existing structure has been removed. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed and approved for residential development. c. Adjacent Land Use and Zoning: 1. North: Vallin Courts Subdivision, zoned R-8 2. East: Vallin Courts Subdivision, zoned R-8 3. South: Waterbury Park Subdivision, zoned R-4 4. West: Residential /Agricultural land, zoned RUT (Ada County) d. History of Previous Actions: The subject application proposes to subdivide Lot 1, Block 3, of the Vallin Courts Subdivision. Vallin Courts was granted final plat approval by City Council on January 4, 2005. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in N. Ridgebury Avenue Location of water: There is currently water in N. Ridgebury Avenue Issues or concerns: None 2. Vegetation: Primarily vacant land. Existing trees will be retained or relocated on site. 3. Floodplain: The property is located within the 100-year and 500-year floodplains. 4. Canals/Ditches/Irrigation: Creason Lateral runs just south of the subject site. 5. Hazards: N/A 6. Size of Property: 0.448 acres f. Subdivision Plat Information: 1. Residential Lots: 2 2. Non-residential Lots: 0 Benewah Subdivision - PFP-07-001 PAGE 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 3. Total Building Lots: 2 4. Common Lots: 0 5. Total Lots: 2 6. Open Lots: 0 7. Residential Area: 0.448 acres 8. Gross Density: ~4.5 units per acre 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: N/A 4. Other landscaping standards: Per UDC 11-3A-15, all developments shall have underground pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1. h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be from Meridian Road via either the Salisbury Lane Subdivision or Clearbrook Estates Subdivision. Each of the proposed lots will have individual driveway access to N. Ridgebury Avenue. 7. COMMENTS MEETING On March 29, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on this site. (See Page 95 of the Comprehensive Plan) There are two building lots proposed on the subject 0.448 acres. There is a maximum density of 8 dwelling units per acre allowed in the R-8 zone by the UDC; the proposed gross density of Benewah Subdivision is approximately 4.5 dwelling units per acre. Staff does fmd that the proposed zoning designation, R-8, and density of 4.5 dwellings per acre, is in accordance with the 2002 Comprehensive Plan and Future Land Use Map. The following Comprehensive Plan policies apply to this application: • 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. Benewah Subdivision - PFP-07-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 • 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 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Stafffznds that the adjacent residential developments are compatible with the proposed subdivision. • 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 finds that the proposal will contribute to the existing single family residential product within the City of Meridian. Staff believes that the proposed development and density (4.5 d. u. 's/acre) for this property is appropriate and consistent with 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 development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIlVIINARY/FIloTAL PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and fmdings for a preliminary plat. 1. Access: Access to the proposed two-lot subdivision within the existing Vallin Courts Subdivision will be via Meridian Road and through either the Salisbury Lane Subdivision or the Clearbrook Estates Subdivision. Access for the future homes will be from Ridgebury Drive. Direct lot access to N. Venable Lane is prohibited. 2. Homes /Lot Sizes: The application proposes 2 detached single family homes within the R-8 zone. Lot sizes with the subject development range will be 8,932 square feet and 10,590 square feet. Benewah Subdivision - PFP-07-001 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 10, 2007 3. Landscaping: No additional landscaping or open space is required for this development. Maintenance of all common areas for Vallin Courts Subdivision shall also be the responsibility of the Benewah Subdivision Homeowner's Association. 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. An underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: Perimeter fencing is not shown along the west and south property boundaries of the proposed development. Staff recommends that the Applicant, at the public hearing, provide testimony as to whether fencing will be constructed along said boundaries. 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. Fencing adjacent to micropathways and common areas are also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 6. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 7. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 8. Existing Structures: All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, if necessary, all structures that do not meet the dimensional standards should be removed. b. Staff Recommendation: Based on the above analysis, Staff finds that application PFP-07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said PFP application subject to the conditions listed in Exhibit B. At the Mav 17, 2007, uublic hearing the Commission voted to recommend anuroval of the subiect PFP application. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated January 12, 2007) 3. Final Plat (Dated January 25, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department Benewah Subdivision -PFP-07-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Required Findings from Unified Development Code Benewah Subdivision - PFP-07-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 A. Drawings 1. Vicinity Map Ben~wah Subdivision Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 10, 2007 2. Preliminary Plat (Dated January 12, 2007) P/~EL/M/1VARY PLAT BE/VEWAH SUSa/V/SlO1V REPLAY ~ LOT 13 810CK 3 ~ VAWN COURTS A PLANN® DEVELOPA/ENT A PART OF 7HE 1VE Y ~- I ~ VA1LlN COURTS SUBOfV1510N i 80OK 93 ! PAGES 11208-11212 +o I I ~ ~ I i SECTJON i, T. 3 Iw, R, i W., &M. cowun-, ~DaHo zoos - e ! n ~-- _- ~ ° f ~ _~ - • •/-GI GI GI .: u _, r ~ V , i-^-------1 ~i nn'a~ 75' -- ---afa~.ti"' ~~~ - -, t ~. ~., 7 t ~ ~~ ~~ }_ ~i ~ ~ --------~~°. /.r~ C i/4 fJOr. Sri 1 ~~ ~ i-- _ _ VALUN COURTS SUBOIVJ~ON BOOK 98 PAGES 11208-11212 ~s~S 1 ~ rto~.~ y '°o i ~~ VALLJN COURTS SUBOIVI 9,p~\ BOOR 9J ~pG ~ ~ PAGES 11208-11212 ,o(~ q ~ uwF raetF ~7,u~ ~~'~ ~ ~ i ~, ~~ • ~ I 0D ~ M aa4ar: rae~ ~ !) A1EC A CM' 8'! 8 CM. ~ ~~ ~ 78.00 77 ~ ~ f :OG e tp C+r: 8 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 3. Final Plat (Dated January 25, 2007) g a.~ ~~~~~ F ffi ~ ~ ~ ~~3~n ~F ~~~ B Ste. `~ ~ _~_ ac~ms o. a.o~~ I ~ ~~ _1 ~ ", ~ (i ~g~~~g° ~6 d~ 4 d M1 M ~~ ~ } 1 ,~ b 44ob''aNX,'di7M N A _ _ _ -_._ _ .. ~ ~ ~~~ ~ ~ i ~~ ~~ ~ ~ ~ ~~ '~ A M ~~ ~ ~ O'~ ':~ i ~~d~~~ ~~ ~ ~ ~~ ~, e q~ ~ ~I~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~~',~ I a ~ ~ Fir ~~ ~ , w m a~ ~ ~~~~ ~~ ~ fir` ~ - ~~ ~~ - ~ 3.7 J.YJIBS'J1ClJ N ~ '4,di'C_ ~r ~ ~ ~ b ~a ~~~ ~ ~~°c '~f e s r---~p~ °ti'~ ( ~ ~~_se_r•--° 'c ~ ~ ~• ~I , 9 i 1 Pq ~ _ L....~ ~~ 1 ±~~ . ~ --- --_~~' c~ ~ F2------- ~s' - ~ , e- ~- 11~~ - - --- - - --9- ' -- -- -'•°'=._ _ .dom.. acdaa d g.4~~'71 ~~ P -~~.•., YN~ ~Y pal 'P' iJKaea3 a4_ - CEI17"7aAA '~~~"~ •-__.• .al5a~ lJi.,Rms ~_-.__-..._ 2xp7-3B 1D ~51RI ~0~ 6 Y ~',@ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as Sheet No. 1, prepared by Mason & Stanfield, Inc., and dated January 12, 2007, STAMPED April 19, 2007, by Darer L. Holzhey, PLS, is approved with the conditions listed herein. 1.1.2 Four-foot, closed-vision wooden fencing shall be constructed adjacent to the north lot line of Lot 1, Block 1, Benewah Subdivision, if not already installed. Additionally, 4-foot, closed vision wooden fencing shall also be constructed adjacent to the south lot lines of Lot 2, Block 1, Benewah Subdivision, if not already installed. All fencing shall be installed in accordance with UDC 11-3A-7. 1.1.3 Benewah Subdivision shall be subject to the UDC standards of the R-8 (Medium-Density Residential) zoning district. 1.2 SITE SPECIFIC REQUIREMENTS-FINAL PLAT 1.2.1 The final plat, labeled as Sheet Nos. 1-3 and prepared by Mason & Stanfield, Inc., dated January 25, 2007, and STAMPED January 25, 2007, by Darer L. Holzhey, PLS, is approved with the conditions listed herein. 1.2.2 Applicant shall meet all terms of the approved Annexation and Zoning (AZ-03-036), Preliminary Plat (PP-03-042), and Final Plat (PP-04-079) for Vallin Courts Subdivision. 1.2.2 All fencing must be in compliance with UDC 11-3A-7 and UDC 11-3A-8. All fencing adjacent to Lot 12, Block 3, and Lot 14, Block 3 shall be no taller than four feet (4') in height. 1.2.3 This subdivision lies within the Nampa & Meridian Irrigation District; the District will own and maintain the pressurized irrigation system within the development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the imgable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.4 The water system shall be approved and activated, fencing installed, and the Final Plat for this subdivision shall be recorded prior to applying for building permits. 1.2.5 Prior to issuance of a building permit or signature of the Final Plat, the Applicant shall submit evidence that any right-of--way construction and public utility improvements have been approved by all required agencies and authorities. 1.2.6 All development improvements including water, sewer, fencing, and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.8 Applicant will be responsible to construct all required sewer lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.9 Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.10 Applicant shall be required to pay Public Works development plan review and construction Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.2.11 Revise or add the following notes on the face of the plat, prepared by Mason & Stanfield, Inc., and stamped on 1/25/07 by Darin Holzhey, prior to signature of the final plat by the City Engineer: 3.) Revise to read, "...compliance with the City of Meridian's applicable zoning code at the time of submittal" *.) Add note, "Direct lot access to N. Venable lane is prohibited." *.) Add note, "Maintenance of all common areas for Vallin Courts Subdivision shall also be the responsibility of the Benewah Homeowner's Association." *.) Add note, "All properties shown on this plat are located in an agricultural zone. This is an area in which agricultural operations are ongoing and may include, but are not limited to, aerial spraying, the production of crops, the operation of feedlots, hog farms, dairies, and / or gravel pits. All of these activities may result in the production of noise and other inconveniences. They may involve lights or the use of machinery in the nighttime hours. All owners of property identified on this plat are prohibited from challenging the aforementioned operations if they are lawfully conducted." *.) "Add note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal groundwater elevation." 1.2.12 Revise the legend on the face of the plat to read: Public utility, drainage, and irrigation easement. 1.2.13 The Vallin Courts Subdivision is recorded with the Ada County Recorder as Book 93, Pages 11208 through 11212. Please correct this. 1.2.14 The legal description in the Certificate of Owners refers to a subdivision called "Ridge Haven." The submitted subdivision is "Benewah." Please correct this. 1.2.15 Prior to the City Engineer's signature of the final plat, all existing structures that do not meet the City's dimensional standards shall be removed. 1.2.16 Staffls failure to cite specific ordinance provisions or terms of the approved Annexation and Preliminary Plat for Vallin Courts Subdivision does not relieve Applicant of responsibility for compliance. 1.3 GENERAL REQUIREMENTS-PRELIMINARY /FINAL PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Ridgebury Avenue 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 Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.5 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.6 Where permanent fencing is not proposed on-site, temporary fencing shall be installed around the subdivision boundary perimeter to contain construction debris prior to issuance of a building permit. All permanent fencing 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 Staffls failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the applicant of responsibility for compliance. 13.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 1.3.10 Final 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 sewer main in N. Ridgebury Ave. 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 No manholes or water valves shall be allowed in the landscape islands. 2.3 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 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. 2.4 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. 2.5 Floodplain: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES DEPARTMENT Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF JULY 10, 2007 6.1 SSC has no comments related to the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On February 5, 2004, the Ada County Highway District commissioners approved the Vallin Courts Subdivision (NIlVIP03-042). The same conditions and restrictions apply to this application. 7.2 The Applicant will be required to pay all applicable platting and review fees prior to final approval. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 Applicant shall apply for a land use change application prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Creason Lateral courses along the south 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. 8.4 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. 8.5 The Developer must comply with Idaho Code 31-3805. 8.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the 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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code 1. 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 Commission finds that the proposed application is compatible with the adopted Comprehensive Plan. The Commission supports the proposed density and proposed plat layout 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; Utilities were installed to the subject properties at the time of development of the Vallin Courts Subdivision. Therefore, the Commission fmds that public services are readily available to accommodate the proposed development. c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; All utilities are currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, the Commission fmds 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 Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health or safety issues associated with the development of this subdivision that should be brought to the City Council's attention. ACRD considers road safety issues in their analysis. 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 of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic, or historic features on this site. Therefore, the Commission fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff 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 r: Meridian City Council June 26, 2007 Page 27 of 70 Bird: Yeah. We have got to keep it open. r-~ u De Weerd: Well, then, I would suggest that we reopen the Public Hearing, so that can be entered as part of these items and ask for a continuation. And just for those who are trying to follow this discussion, we agree with your concerns and we are just trying to see how best to reflect that on the map and in the text and if it needs to be in more than one place. So, that is, I guess, in a nutshell, what we are trying to decide up here. Council will be bringing -- or staff will be bringing back a recommendation for Council's consideration, so they know what it will look like and what it will read like, as will you. And, Anna, what is the time frame that -- Canning: Madam Mayor, three weeks. De Weerd: In three weeks? So, on the 17th. Okay. So, Council, what I would need is a motion to -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we reopen the public hearings on Item 9 and 10, take comments from staff as it relates to the Nine Mile section, and continuing the hearing until the 17th of July. De Weerd: How about ten and eleven. Rountree: Ten and eleven. Excuse me. De Weerd: Okay. Bird: Second. De Weerd: Okay. I have a motion and a second to reopen the two public hearings for ten and eleven and continue those to July 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Wearing: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: Meridian City Council June 26, 2007 Page 28 of 70 De Weerd: Okay. So, we will rehear these on the 17th. Okay. Okay. Item 12 is a Public Hearing, PFP 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Benewah project. It's located at 2673 North Ridgebury Avenue. The subject property is commonly known as Lot 13, Block 3, Vallin Court Subdivision. And you can see it over on the left-hand side of the screen there. The application before you tonight is a combined preliminary and final plat. The Vallin Court Subdivision was recorded in 2005. This lot was originally sized to accommodate an existing home. The property was sold and the new developer removed the home and anticipated filing this application, so the services are already there to support two homes. So, the applicant is now proposing to subdivide Lot 13, Block 3, into two new lots. The lot sizes are approximately 8,900 and 10,600 square feet. This is the plat, as shown. You can see the two lots. I did have a photo of an existing home and apparently it didn't make it into the presentation, so I apologize. For those of you who aren't familiar with the homes that have gone out there, they are rather detailed. They have a lot of roof modulations and a lot of breaks in the modulations and the facade and different use of materials within the Vallin Court Subdivision. And the same owner -- the same developer and owner and builder will have these two lots as well. De Weerd: Okay. I didn't know if you were done or not. Canning: No, I'm not. For some reason I just stopped talking. I'm sorry. The Commission recommended approval at the May 17th, 2007, Public Hearing. No one spoke in favor. No one spoke in opposition, commented, or provided written testimony. The key issues of discussion by the Commission were the perimeter fencing, installed with the Vallin Court Subdivision, and there were no key changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. Now I'm done. De Weerd: Thank you. Canning: Thank you, Madam Mayor. De Weerd: Sony, my mind reading tonight is a little off. Council, any questions for staff at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: No access to Venable Lane? Meridian City Council June 26, 2007 Page 29 of 70 .7 Canning: No, sir. There is a landscape lot immediately behind this one that would prevent -- Rountree: Okay. Canning: -- access to Venable Lane. Rountree: Thank you. De Weerd: Okay. Is the applicant here? No applicant. Canning: As I said at the Commission hearing no one spoke in favor of this application. De Weerd: Not even the applicant. The applicant was a no show. Okay. Council? Oh, this is a Public Hearing, even though the applicant isn't here. Is there anyone who would like to comment on this application? Okay. Would Council like to comment on this application? It's very rare we don't have an applicant in front of us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close PFP 07-001 Public Hearing. Zaremba: Second. De Weerd: Okay. We have a motion and a second to close the Public Hearing. All those in favor say aye. Any opposed? Okay. I didn't hear all ayes, so -- Rountree: I'm still thinking about it. De Weerd: Okay. Aye? Rountree: I'm opposed. De Weerd: Okay. Three ayes, one opposed, for the record. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Well, I guess, you know, I think that -- have we heard anything from the applicant, that they agreed with staff comments? ~ ~ Meridian City Council June 26, 2007 Page 30 of 70 Canning: I'll have to check the file. Mr. Hood informed me that there had been discussion about fencing requirements. So, let me check the file quickly and see if there is any correspondence from the applicant. De Weerd: Mr. Berg? Berg: Madam Mayor, my staff did contact Greg Walker on Monday and e-mailed their packet to them. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess my objection to the Public Hearing is without the applicant here -- I guess if he's not interested enough to tell us about his project, I'm not interested enough to do much with it at this point personally. De Weerd: As far as he can't even say he agrees or -- Rountree: We don't know if he agrees with the fencing requirements, so -- I suspect he does, but I'm not going to say. De Weerd: Well, we could always put wrought iron and -- Rountree: Get his attention. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't disagree with Councilman Rountree. I think he brings up a good point and I wouldn't be opposed to reopening the Public Hearing and setting it out a few weeks to get him in here. De Weerd: Okay. Well, if there is no other discussion, do I have a motion, then? Rountree: Madam Mayor, I move that we reopen the Public Hearing for Item 12 and schedule it for July 10th. Borton: Second. Rountree: Or continue it until July 10th. • • Meridian Ciiy Council June 26, 2007 Page 31 of 70 De Weerd: I have a motion and a second, but Iguess -- and those kind of motions don't have discussion, but I would like to, before we vote on it, ask the clerk what the 10th is starting to look like. Berg: Madam Mayor, the president has a copy of the agenda. Just a reminder that July 10th is the City Council meeting prior to the all day July 11th budget workshop. De Weerd: It looks very light. Rountree: I don't see that item taking a lot of time. De Weerd: Okay. Thank you, Mr. Berg. Okay. We have a motion to continue this -- to reopen and continue this to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: De Weerd: Okay. Item 13 is Public Hearing on PFP 07-002. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is also a combined preliminary and final plat application and we do have the applicant in the audience. The project is located at 1960 North Lakes Place, Lot 4, Block 1, Devon Park Subdivision No. 2, which you see is a larger site. It's currently zoned R-15. The applicant is proposing to subdivide Lot 4, Block 1, into two new lots for Devon Park North. The proposed lot sizes are approximately 3.25 acres and 1.39 acres. The parcel on the lot --future lot on the west side is currently developed and I believe that one on the east is not. I hope I got that right. We didn't have an opportunity to get -- take pictures of the existing building. However, this is still subject to all the previous approvals for Devon Park that we have seen over the years, which includes some elevations that have been provided for the planned development Conditional Use Permit. The Commission recommended approval at their May 17th, 2007, Public Hearing. Linda Hines spoke in favor of the application. She was the applicant's representative for that evening. No one spoke in opposition, no one commented, nor did anyone provide written testimony. The key issues of discussion by the Commission was what has already been constructed on the site to date and that's the Alzheimer's units and assisted living facility. There were no Commission changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. With that I will answer any questions Council may have. July 6, 2007 VAR 07-013 MERIDIAN CITY COUNCIL MEETING July 10, 2007 APPLICANT Joe's Sports, Outdoors and Moore ITEM NO. 13 REQUEST Public Hearing -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 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: Renoflced for July 17, 2~7 Phone: Date: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • July 6, 2007 AZ Ob-065 MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. 14 REQUEST Tabled from June 26, 2007 -Ordinance -Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation -Southeast Comer of the intersection of Eagle Road & Franklin Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See aiMched Ordinance D~' l3 ~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER .J~~ "AVID NAVARRO AMOUNT .00 BOISE IDAHO 07/13/07 0~!L_ .'M RECO DED C REQUEST 0~ ~~I IIIIIIIIIIIIIIIIIII~IIiIIISII ~ ~ ~~~ City of Meridian 107~Q~9~~7 CITY OF MERIDIAN ORDINANCE NO. ®/ ` l BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-065 GARDNER/AHLQUIST) FOR ANNEXATION OF PROPERTY BEING IN A PORTION OF THE NW '/ OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-1 (ADA COUNTY) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: AYtiach PYOpeYties, LP and Touchnaa~k of the T~easuYe Valley, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R-1 (Ada County) to C-G (General Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. 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. ANNEXATION OF AZ-06-065 GARDNER/AHLQUIST Page 1 of 3 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/Z) 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 r,~Gt~~f/~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _ ~~~ , 2007. G~~C~~~f~?~ MAYO T de WEERD ANNEXATION OF AZ-06-065 GARDNER/AHLQUIST Page 2 of 3 A' WILLIAM G. BERG, ,Tl~ STATE OF IDAHO, ) ss. County of Ada ) f ~0,g 9~ \\\`P`gr~c~Q Od p~e~ "' ~. °s~ ~. b = CITY CL ~ ~ ~~-~ . ~~ ,~ ,~ ~. _, .,, ~ o ., ,~ `~ On this ~ .~~ ~ day of ~tti~~~'~ , 2007, 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. ~~I~~ C~'1 a~'~ ~n'~, Lt--f~ NOTARY PUBLIC FOR IDAHO RESIDING AT: _ `'?'~~ [`]c_ ~c~7 MY COMMISSION EXPIRES: 1 Q-/•~'=(( ANNEXATION OF AZ-06-065 GARDNER/AHLQUIST Page 3 of 3 A. Legal Description ~~~G ~ 1 0`ypy LANp ~G ~ ` ~g9~~C~STE1~~~ ~F'~ O CIVIL AND STRUCT(/RILENGINEERfNG ryt~~pr~ Q~' ~ ~lJ/OL T A ~~ ~ EXHIBIT A ~ ~~ b HIND ~~ G Annexation Descri tton Rev. C y ,. • For Ahlquist Development s - C ~ ~~ Job No. 06320 February 6, 2007 A portion of the NW1/4 of Section 16, T3N, R1 E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of said Section 16, as shown on Comer Perpetuation Record, Inst. No. 99007475, Ada County Records; thence along the North Line of said Section 16, South 89°20'11" East, 1015.45 feet, to a point on the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being a point on the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00°11'43" East, 1111.19 feet, to the southeast comer of Lot 1, Block 5, of said Montvue Park Subdivision; thence along the South Line of said Lot 1, Block 5 and beyond, North 89°14'00"'West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00°12'19" West, 119.58 feet; thence North 89°30'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Line, North 00°12'19" West, 16.12 feet; thence North 89°30'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00°12'19" West, 122.02 feet, to a point on the Line common to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline; thence along said extended Line, North 89°30'24" West, 179.37 feet, to a found 1/2 inch rebar marking the comer common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision; thence along the Line common to said Lots 6 and 7, Block 5, and extending westerly, North 89°30'07" West, 226.03 feet, to a point on the West Line of said Section 16, being coincident with the Centerline of S. Eagle Road; thence along said West Line, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 971,520 square feet, or 22.30 acres, more or less, and subject to any easements or rights of way of record or otherwise existing. Vi+-- KEvI $Y .y~ERI p1yAcS DEP7~C P:WHLQtJfST DEVELOPW6lquist Development Meridian~DrawingslSurveylDescnphans106320 ANNEX revC Deu.doc Treasure Valley Engineers, Inc. Office: (208) 463-0305 1204 6Ty. Street North Fax: (208) 463-4391 Nampa, Idaho 83687 w~vw.TreasnreValleyEngineers.com EXHIBIT B ST. Na88007475 8 9 sTA, sa+oao7 E. FRANKLIN ROAD S89.20'11"E 17 16 1015.45 1 r••-.._.._ - ! ~ I ~ ~ ~ ~ r• -. -. 1 I ~ ~ 0 ~ ~ j ~.._...~..~..y.. I O I `O© ~~ I Ig I 1880.80' 1/4 CORNER D. BiKSS CAP CPBF MST. Na8709288 ... K ~ ~ I 1 '' ~~:.~~-~~'~~ W~~V, Pte. \. I j ~ I Oj K 2'~ 1\'~ gOOK/ •~ ~ ~ I $LOG N•• 7 I C•• \. I ~ ~~~ 1 ~ I ~..~:. \ I \ / ~ ~.. • •. •. _ 3 r.._...~.._ I ~ i .. .. , • ~ '~. ,' ~~ or ~, ' N_I89'3D'07°W N8930'24"W:~ ~ I ~ 'i3: •'~'• I ~ ~ N ~ r----1'---- -.._.._.._ .. o 1228.03 179.37' J ~ r o] o j l j ~ ~.._.._.. I ~I ~~ o: ~ .,: ~ ~ I I t o ~ ® 200.23' N89'30'0_9`Ylt I ~ j i j i i I Nb0'12'18°W~__198.73 1 . I 16.12 I J1 _..~.._..-.. ~ i 2.07~40a I I T..-..-.. ~..-•• ~ N89`I400 W ' I I I ~I : I i I I I ~_.._.._..-.._.._~.• Cjl jw a•~ vT sup soruo~ I I © ~ ® `OGK j5 ~ I n_I I ~ ~ g I 1 al°o I .Ul V PxsrASw7e.aT L{._.._.._..L. _.._.._..-I._...-..-. -..-.._..L..-..-..-..-..J I N89'28'41°W 1011.72• ~ I C1 872D ~~ LETI ~~ 4 0 ETA I I i I ANNEXATION AREA I I 22.30 ACRESt 1°=200' ~ 971,520 SQ. Ff.t PROJECT: OWNER/DEVELOPER: 0~' ~ ANNEXATION MAP HLQUIST DEVELOPMENT rneasurrFUa.~erexci~suv¢ ~aaasusrxeernoanv 2057-06 NWl/4, SEC. 16, REV C run~aA,ionNOe3ce~ -~, PROJECTS T3N, R1 E, B.M. CITY OF , ~aoe~ass-ate ,y FAx~2oa~ass-0ae~ J ~~--'"~ os32o MERIDIAN, ADA CO., IDAHO DATE: ma6C17VEbiccam ExsmEERS•atano~~s•sua~roxs v~rouRwEas~www.n~ccran ~ 0 2/6/07 1 2708.25' NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN ORDINANCE N0.07- ~ j PROVIDING FOR ANNENATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being in apportion of the NW '/ of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 22.30 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 ordinance shall become effective on the ~ day of ~~~ `~~~5~~,~A4~7~•~ r ~,,,<~F®p ,~®~ ~ d~ n~~ <` Mayor and City Council o C of Meridian ~, = By: William G. Berg, Jr., C~.y C crk ~ ~ ~ .~ First Readin : ®~~ ~ ~A°.~~ .'~ g ~ ~ ~ Adopted after first reading by'-su Qf ~lte~: „~„ Rule as allowed pursuant to Idaho Code 50-902: YES l~fl, ~ ~;~"~;°~` Second Reading: -- Third Reading: -~%~,, '~t~`~ . ,~,~,;~: STATEMENT OF MERIDIAN 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 a visor 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 ~ day of ~ , 2007. rr, r'~` ~i ! . ~.~ d William. L.M. Nagy, City Attorney ORDINANCE SiTNIlVIARY - A~06-065 GARDNER/AHLQUIST Page 1 of 1 • Duly 6, 200 • MERIDIAN CITY COUNCIL MEETING JUIy 10, 2007 APPLICANT ITEM NO. ~ S REQUEST Ordinance -UDC Ordinance Amending Title 11 of the Meridiain City Code Regarding Zoning and Sufxlivision Regulations AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordirronce ~~, l3tiy OTHER: Contacted: E 'I d• Date: Phone: mai a ~rarr mmais- Materials presented at public mee8ngs shall become properly of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ®~ - ~3 Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDL~N, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Subsection Proposed Text Changes 11-1-10 C It is a violation of the unified development code for any person to not comply with specific conditions of approval as stated in a certificate of zoning compliance, conditional use permit, accessory use permit, final plat, or planned development as set forth in this title. 11-1-11 B3 The notice shall be served upon the owner, tenant or other person responsible for the condition ~~~ ~°rcnn.~l ceniine renia+ererl .,,.ail n~ nnrfi$er! n,~il uri+h .e+„'., .e..e;.,+ .a„„e~+e,~ addressed to the last known address of such person. If °fFer ~ +ime ~nrl eKnr1 ie rv,.~de +n e.enie nr m.~il nnfine uri+hn, h ennnoc~c. nQ i address is known, then notice may be made by publication in the newspaper of record for the city of Meridian. The code enforcement officer will record all efforts made to effect service in person or by mail as part of their investigative report. 11-1-11 D Revocation of Conditional Use or Accessory Use Permit: 1. A conditional use or accessory use permit maybe revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit or UDC ORDINANCE AMENDMENT -July, 2007 Page 1 of 13-19 ~_ accessory use pemllt, either On Its own action or upon Complaint t0 the CItV council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation. 3._Fifteen (15) days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The. city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. 11-1A-1 SoM~"~ROIA-L VEk1166€~ee~Efi^~~~~,~~~~ersia;: 11-1A-1 MICRO PATHWAY: A patl}waypedestrian passageway providing access by way of a short travel link between points of destination. 11-1A-1 MULTIUSE PATHWAY: A passageway that is designed to provide walking, b~cling and other non-motorized recreational opportunities between areas and facilities. 11-1A-1 RESTAURANT: A. The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly serve to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04. C. Establishments with a beer and wine license that meet the definition of restaurant as set forth In Idaho administrative code 11.05.01.010.04, including, but not limited to, brew pubs and wine bars. 11-1A-1 SECTION LINE ROADS: The followring roads are section line roads within the Meridian a~~°'~-~;*~irnpastcomprehensive plan: Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, Amity, Lake Hazel, Columbia, Can-Ada, Star, McDermott, Black Cat, Ten Mile, Linder, Meridian, Locust Grove, and Eagle;. The term shall Bnclude other roadways that follow surveying section lines as additional areas are added to the Meridian +r~pastcomprehensive plan. 11-1A-1 SIGN, MARKETING: A sign advertising the developer, realtor, and/orfuture UDC ORDINANCE AMENDMENT -July, 2007 Page 2 of 13-1-A tenants of a site under development. 11-1A-1 STREET PUBLIC: A street that is subject to the jurisdiction of the Idaho department of transportation (ITD) or the transpe~iea-aatger~~Ada Coun Highway District (ACHD). 11-1 A-1 ~~~~SBM~" ~R~~~~n~eetl ~~a;;l~ I;~ ~~' ^ +~ ;i^~ , .; , , o-a „ e e 11-1A-1 YARD, STREET: An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. On comer lots the street yard extends from the front propefir line and the street side property line to the nearest line of the principal structure. 11-1A-1 YARD, SIDE: An area extending from the #rer~street yard to the rear yard between the interior side property line and the nearest line of the principal structure. 11-1A-2 Figure 1 Correct terms used forstreet yard and setbacks. See Attached Figure. 11-2A-2 Table Wireless communication facility1;-stealth -P/C -P/C -P/C P/C P/C 11-2A-3 D3 One detached accessory building that is less than two hundred (200) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. 11-2A-4 Table Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. 11-2A-5 Table Street setback to front loaded garage 11-2A-5 Table Street setback to living area and/or side loaded garage 11-2A-5 Table Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. 11-2A-6 Table Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. 11-2A-6 Table ... with shared driveway, eFalley loaded garage, or private street mew lots (two instances in table) 11-2A-6 Table ... attached, townhouse, &two-family duplex DU (in feet) 11-2A-6 Table Side setback 45 11-2A-7 Table Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. 11-2A-7 Table Side setback 45 11-2A-8 Table Note 1. Measured from back of sidewalk or property line where there is no adiacent sidewalk. 11-2B-2 Table Wireless communication facility1 -P/C P/C P/C P/C P P P P 11-2D-2 Table Daycare #asilitycenter Wireless communication facility, amateur radio antenna1 Wireless communication facility1~ stealth 11-2D-4 D3 Any applications that do not meet the criteria in the Downtown Meridian Ddesign Gguidelines, as determined by the Director, shall be subject to a conditional use permit as set forth in chapter 5, "Administration", of this title. 11-2D-4 F 6aRdssaping-R~qui~e.r-SeeteF~ °~*~-~-~L-ag~ssap~g UDC ORDINANCE AMENDMENT -July, 2007 Page 3 of 13-~-9 Dom sir°m°n+^" of +Mi^ +i+l° 11-3A-6 B3 Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with an open vision fence at least six feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction.... 11-3A-8 B The "Rinvnl°_D°rl°e+ri~n I'lneinn 11Mnn~l Cnr n,~~ (~nnnfii" !x nrnn~r°d by +1~° city of Meridian parks and recreation s sy tem ~asteFplan should be considered when reviewing multiuse pathway designs. 11-3A-8 C Right of way for micro pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, andlor shopping areas. 11-3A-8 D Micro pathways shall have easements at least fifteen feet (15') in width in accord with article B, "Landscaping Requirements", of this chapter. 11-3A-8 E Micro_pathways shall be less than two hundred fifty feet (250') or two (2) lot depths in length, whichever is less restrictive, and have a walking surface of at least five feet (5') in width. 11-3A-8 F Landscaping adjacent to AAisrepathways shall be installed serer'"'"'~- + '°^,+°^°ni^^ r°^„i•°m°^+° in accord with article B, "Landscaping Requirements", of this chapter. 11-3A-17 D Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. Sidewalks shall not be reauired along private streets in residential developments as set forth in article F, "Private Street Requirements", of this chapter. 11-3B-6 E Subdivision Irrigation Systems: If a t~pressurized irrigation s~ystea}+s~ar~efa ~lat~y~r+igatien-pump station is reauired on the developed property, such station shall be on a eer~e~lot solely dedicated to that pump station. Said lot Th° irrin~+inn ^„~+°m shall be owned by the entity that owns and maintains the pressurized irrigation system. 11-36-7 C1a c+r®°+ R„ff°.^ IAli+h A#nnh°r~ Cirin~e..~I4eMeasurement: i. All street buffers with attached sidewalks shall be measured from the nrnn°.+.i lin° ~nrl nn+ frnm +fi° back of sidewalk. Where ACRD is anticipating future widening of the street, the wridth of the buffer shall be measured from the ultimate sidewalk location as anticipated by ACHD. ii. All street buffers with detached sidewalks shall be measured from the back of-e~curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet (4') to back of curb. 11-36-7 C2b All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent °°^;;:dedicated buffer, maintained by the property owner or business owners association. 11-36-8 C2d Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one ~ tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative groundcover. Trees shall be UDC ORDINANCE AMENDMENT -July, 2007 Page 4 of 13~A centered within the planters. Deciduous shade trees shall be pruned to a minimum height of eight feet (8') above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. 11-3B-14 C Extension Of Time For Installation: The building official, upon recommendation of the director1 may issue a temporary certificate of occupancy for a specified time period, not to exceed one hundred eighty (180) days when: 11-36-14 C2 The applicant has ~er~ed-provided surety to the city for the required improvements consistent with the provisions of chapter 5, article C, °Surety Agreements", of this title. 11-3C-4 B The following standards shall apply to all residential properties and to pl?arking areas for residential dwellings: 11-3C-4 B1 p~~u,,.,,. „f,..,e "..,,mmeM,~~ „e~,..~e" .,~ ,~ofi.,e,+ ;., ,.~.,.,+er 1~, "6eRera4 " i f 11-3C-4 63 One boat and one travel trailer may be stored in the side or rear yard, where such yard is fully screened with a minimum six-foot (6') closed vision fence. 11-3C-5 B1 Except as otherwise provided in this section, all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4'~ thick, surfaced with dustless material, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt. 11-3C-5 B3 Except as otherwise provided in this section, all off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. The Director may waive this requirement for intemal~arking spaces not adjoining a property boundary, landscape island, sidewalk, pathway, or any similar development feature. This standard shall not apply to temporary uses. 11-3C-6 Table 11- Notes: 3C-6 1. The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet fora 1 space garage and 20 feet by 20 feet fora 2 space garage. 2. The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel lane (public street, private street, common driveway, or alley). 11-3C-6 G One bicycle parking space shall be provided for every twenty five (25) ro osed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. 11-3D-3 B Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, ~aNesr}s; bubble machines and similar devices of a carnival nature. 11-3D-4 A2 ^f +h~e ^~ic~Upon tentative approval of the application by the director subject to a~applicable conditions of approval and the regulations of chapter 5, "Administration", of this title, the applicant or owner shall have six months to UDC ORDINANCE AMENDMENT -July, 2007 Page 5 of 13-~-8 obtain a building permit. 11-3D-4 H Existing Violations: No sign permit shall be issued for a propefirand/or business that have an outstanding notice of violation. 11-3D-6 61 Construction signs and/or marketing signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction signs and/or marketing sians shall be a maximum of thirty two (32) square feet in area, unless legally required by a governmental contract to be larger. (See tables 1 through 6, section 11-3D-10 of this article for other standards related to construction signs and marketing signs.) 11-3D-8 B Construction Signs and/or Marketing Signs: The regulations in subsection 11- 3D-6A2 of this article shall also apply. 11-3D-9 A ... If approved, a planned sign program may allow for increases to the background area; h°;r~r#rand other standards for wall signs. 11-3D-10 Table 1 Rent, lease and sale signs. Permits Required ~N 11-3D-10 Table 1 Construction and/or marketing through (multiple instances in tables) Table 6 11-3E-2 APPLICABILITY: The regulations of this article shall apply to all temporary uses in all districts with the exception that Temporary Fireworks Stands. special eventsLand seasonal activitiates that are conducted as part of an education #asilat~institution shall be deemed accessory uses and shall not be subject to the provisions of this Article. 11-3E-4 C1 A maximum of one temporary structure shall be allowed and may cover a maximum offive-seven hundred (700) square feet. 11-3E-5 CTAAIIIADI'1C C(1D CI®C1A/~1DItC QTAAlI1C A Tb~n nce c.h.~ll hn nm Mihi#...# 7........7d....a:..l .l:..a.:..L.. ~~ S~~tl~ D~rLinn ~h~ll he nwnrl in v n#nfivn nnvor nr'mnrnverl uri#1, n -,-~„~~,~-areas„~, ®~oov~ ~; e 11-3E-6 11-3E-85 STANDARDS FOR SUBDIVISION MODEL HOMEIREAL ESTATE SALES OFFICES: 11-3E-7 11-3E-76 STANDARDS FOR CONSTRUCTION SITES: 11-3E-8 11-3E-87 STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: UDC ORDINANCE AMENDMENT -July, 2007 Page 6 of 13~A ~, ~,. 11-3E-9 11-3E-98 STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E-10 11-3E-199 STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: 11-3E-11 11-3E-1.10 STANDARDS FOR PROMOTIONAL ACTIVITIES IN ~kl€ NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OR GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. 11-3G-3 Al The total land area of all common open space shall equal or exceed ten percent (105%) of the gross land area of the development. 11-3H-4 A Access to and/or from I-84 and McDermott Road (or future Highway 16 extension): No access shall be allowed except at specific interchange locations as established by the Idaho tTransportation dDepartment. 11-3H-4 B Access to and/or from State Highway 69, State Highway 55, and State Highway 20-26: 11-3H-4 C4 Along Highway 69 and Highway 20-26, the applicant shall be responsible for constructing a ten foot (10') multiuse pathway with a public use easement. 11-4-3 2 All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 11-4-3 9A4 Upon tentative approval of the application by the director for group and center davcares, the applicant or owner shall secure and maintain a basic daycare license from the state of Idaho department of health and welfare, family and children's services division. 11-4-3 9A6 Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with section 11-5A-5C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. 11-4-3 9A7 The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this Title. whichever is more restrictive 11-4-3 12D Location: The secondary dwelling unit may be_ located within or attached to the primary dwellingias-a detached structure; or above or beside a detached structure, such as a garage. 11-4-3 12E Parking: At least one parking space shall be provided on site for the assesser~ secondary dwelling unit in addition to the required parking for the existing residential unit. 11-4-3 21 D 11-5A-2 Table velaisle:~ Application: Development agreement modification Recommending Body' D' Decision Making Body: CC: Process: PH 11-5A-2 Table Application: Plat, final, modification~e~ete; Recommending Body: D; Decision Making Body: CC; Process: A PM 11-5A-2 Table Application: Plat, short; Recommending Body:~lene D; Decision Making Body: 8 CC; Process: A PH 11-5A-5 B Preapplication Meeting: No more than four (4) months prior to submitting an UDC ORDINANCE AMENDMENT -July, 2007 Page 7 of 13~A application. aApplicants for permits requiring a public hearing are required to conduct a preapplication meeting with the department. 11-5A-5 C Applicants for permits requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for a vacation, and/or short plat. 11-5A-5 D1 Re wired: All applicants for permits q appNsatieAS-requiring a public hearing shall post the subject property, except posting is not required for a unified development code text amendment, a-comprehensive plan text amendment arvacation, comprehensive plan map amendment initiated by the Citv and/or short plat. 11-5A-5 E & F E. Mailing And Publishing Of The Public Hearing Notice: 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to properly owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300') of the property being considered. b. The noticing shall be extended to property owners within one thousand feet (1,000') of the external property boundaries for heavy industries and wireless communication facilities. c. The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300') or one thousand feet (1,000') from the external boundaries of the property. d. Notice To Other Jurisdictions: The city shall send notice of the application to other jurisdictions with interest and/or authority over the application, including but not limited. to the followina• i. Other jurisdictions with joint jurisdiction: ii Appropriate utility companies irrigation companies or districts and drainage districts; iii. Health and transportation authorities: and iv. School district. F. Alternate #Forms e0f Notice: When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, or when the city submits an application for a Comprehensive Plan Map amendment, alternate forms of notice may be provided as follows: a. One (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; and/or b. At least seven (7) days prior to the hearing, a public service UDC ORDINANCE AMENDMENT -July, 2007 Page 8 of 13~A announcement shall be made available to newspapers, radio, and television stations servicing the City. c. The city shall send notice to other jurisdictions in accord with section 11-5A-5E of this article. 4. Pletise-tom ~eyur+sdis~~-T;e sity~-shat;-eG+~ nn+ine of +he > > r1r.~in.~ne rlir+rin4~• i ~btlHtll'at.~b7'IVC ~G. Public Hearing: 11-5A-6 C After receipt of a request for review of the action of the director or commission, the council shall hold a de novao public hearing to reach a decision to uphold or overrule the action. 11-5A-8 MEDIATION. An applicant may reauest mediation consistent with Idaho Code 67-6510. 11-5B-3 D2 The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code section 67-6511A. When required, said development agreement shall be sinned by the property owner and returned to the city within one (1) near of the city council granting annexation and/or rezone. 11-5B-3 F Development Agreement: 1. The City and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code ~ 67- 6511A. The development agreement may be initiated by the City or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 2. A development agreement may be modified by the City or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with chapter 5, "Administration", of this titre. 11-5B-6 F2 For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. 11-5B-V F7 Aln n,nre+h~n hun /7~ nne ~.o~r+ime ov+cnc~inn~ m~~i ho nr~n+er++n ~ cinnl® l i 11-5B-6 H ser ega ~se: Revocation: See Section 11-1-11D. 7 If+h® nifii nro,nnil rlenirlon +n rnvnL®~ nnnrli+inn~l lice nnrmi+ oi+her nn i+~ , i Z Ci#een /'1 f.1 Amid nrinr nn+ine n++he ho.~rinn nh~ll ho nivon 4n +he nnrmi+ UDC ORDINANCE AMENDMENT -July, 2007 Page 9 of 13-9 11-5C-1 4hn nifii nn, ~nnil , ~nrln~ 4hn ~'Irr~ininfrofive nrnnnr~n~ec~ ~nf of Oho ~f~4n of i Purpose: the purpose of this article is to establish procedures that guarantee the completion of improvements where city engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the city have not been completed. 11-5C-2 The provisions of this article shall apply e~y~to those improvements that are not needed to protect the public health, safety and life (including but not limited to: landscaping, fencing, pressurized irrigation systems and site amenities The following improvements are needed to protect the public health, safety and life (including but not limited toro~sl-ge water, sewer, and power facilities; parking lot paving and striping; and street paving) and therefore shall be installed prior to occupancy. 11-5C-3 B All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post surety for such improvements in order to obtain city engineer signature on the final plat. 11-5C-3 C In the event that an applicant and/or owner cannot complete the non-life, non- safetyand non-health improvements, such as landscaping, pressurized irrigation, and fencing, np 'or to city engineer signature on the final plat and/or prior to occupancy, a surety agreement maybe approved in accord with the procedures set forth in this chapter. 11-66-5 A1c The proposed subdivision does not exceed four (4) lots (excluding landscaping lots) on previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land ; ark 11-66-5 A1d No new street dedication, excluding widening of an existing street, is involved; and 11-6B-5 A2 A condominium plat application for property in any district maybe processed as a short plat where II buildings are constructed or have received building permits for construction. 11-66-5 B Preapplication Conference: The applicant shall complete a preapplication conference with the director or designee prior fo submittal of an application for a ~~short plat. 11-EiB-5 D Decision: In accord with chapter 5, °Administration°, of this title, a decision on a short plat is made by the ttiFesteF~ci council with recommendation from the director and/or city engineer. 11-66-7 A Failure To Submit Final Plat: Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the UDC ORDINANCE AMENDMENT -July, 2007 Page 10 of 13-1•A applicant fails to feser~-a-obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one ,(1~year of the combined preliminary and final plat or short plat. 11-6B-7 B Phased Development: 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 se~i#ed-signed by the city engineer within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. 11-6B-7 C Authorize Extension: Upon written request and filing by the applicant priorto the termination of the period in accord with subsection A and subsection B of this section, the director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. 11-6C-3 D5 Abutting Properties: Unless limited by a significant geographical features, or separated by a minimum five-foot (5') wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. 11-6C-3 D7 Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and strictures shall be shown on the preliminary I~at and/or as an exhibit with the final plat application. 11-6C-3 E2 Total easement width shall not be less than ten feet (10'), unless specifically approved by city council at the time of final plat approval or as approved through an easement vacation application. 11-6C-3 I Mailbox Placement: The applicant shall provide a letter from the United States Postal Service stating that the mailbox location(s) for the development have been approved. 11-7-1 A2 Allows for innovative design that creates visually pleasing and cohesive patterns of development (including but not limited to residential development at densities greater than eight (8) units per acre where design guidelines are in place for development and where garage doors are generally not fronting the street ;and UDC ORDINANCE AMENDMENT -July, 2007 Page 11 of 13~-A r~ b y., N ~--+ .--+ w i - -- ~ ------- I - i ~ i i` ~ ~ ~ i '~ ~ ° I ~ I v ~. ~ I~ a ~ °I ~ I~ ~ I Q~1 xI I, ~ ~•-•-•- •~ I I '~;. I ~~~ I I ~~~~® I I ~~`. I ~~~• I i i i---.---.--_- I I I ® ~ I xmy I a ~~,~~ o ~ v W ~ in b .fl ~ ~ ~. ~,~o~~i®: W o Y Y y ~ 'O y ~ cn~cn~ l ', m ®®O~I ~ ~ ~ I •~• _..____ ._._. .L ®._._. I I~ I -~ i _®-.... J ~- ~ _~ ~: ,--~ I ~ ® I I %s I ~ ~~ I I ~® I I ~ I I ~ ~ ~® I ® I ~•-~ •-•-I-----•--~ ~ a I I I O I® ®I I °' m 0 I I I y H I I I I I I I I I i ® i i ~ _ I I~ I I ®I I® I; I' I; I I `' -- i O 1.. ~. 0 4 0 U b .`~ U a M ~--+ ~I k-a O N bA cd 0 0 N ,-A ti I z W U W Q A Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. 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 passage 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. APPROVED: MAYOR ATTEST: @@,,,~,?ti,""~.~:~~-~ ~'~'°.e, ~*T` 4 ~ ~ V CITY CLERK - Jo/ \e ~'`P'`,BI~fOP16!It E6iSi4t?@@@gey`gy~a UDC ORDINANCE AMENDMENT -July, 2007 Page 13 of 13 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- l32 PROVIDING FOR AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE OF THE MERIDIAN CT]CY CODE An Ordinance of the City of Meridian amending Title 11 of the Meridian City Code regarding Zoning and Subdivision Regulations codified at Title 11, Entitled the Unified Development Code of the Meridian City Co~~„~,~,~ull text of this ordinance is available for inspection at City Hall, City of Meridiem;°~ a.;~ Meridian, Idaho. This Ordinance shall b me effective upon passage, `` `~~~, °~~~F, .~ r ~~. ~-~-- P _ Ci of Meridian = '' ' _= ~' - :{.vim Mayor and City Council -~ ~~~~' ~ By: William G. Berg, Jr., City Cle~® ~~ ~~ q~.y , ~ '`:~` ,, ~ First Reading: 7-' f ®~ O 7 `'~~,, ~-t~`~ ' 4,: jJF ~ ~e~h Adopted after first reading by suspension of`t~l'i~`~`uYe as allowed pursuant to Idaho Code § 50-902: YES }C NO Second Reading: ° Third Reading: -- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- Z 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- ,3 2 ~ 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). fi DATED this day of ; ~~` 2007. ~~ ~ i ~'~ ,' `f , ' ~' ~~ William. L.M. Nary City Attorney SUMMARY FOR UDC REVISIONS ORDINANCE -PAGE 1 OF 1 ` ~ - Broadcast Report Date/Tlme 07-06-2007 02:51:19 p.m. Transmit Header Text Local ID 1 2088884218 Local Name 1 Local ID 2 Local Name 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " ~I~sc. l`~sf ~ PtJ.btJ~c N~ a -11M1a~tGS~' City of Meridian Idaho Une 1 Line 2 C~i~E IDIAN~-- I o a ~ ~ Cli'Y COUNCIL REGULAR MEETING AGENDA City Council Cham#mrs 33 East Idaho Avenue, Meridian, Idaho Tuastiay. JuUy 10, 2007 at 7:Q0 pm. °A/tiwugh the City of MarWlan no !a»ger requires swam tes~rmany, aH presentatfans be>~ the Mayor and CKy Counr~l ar® expelled to be tnrthlu! and tronest to the best of the abllKy of the presenter." 1. RoQ-tail Attendance: David 2:aremba .loe Borten Charlie Rountree Keifif Bhd Mayor Tammy de Weerd Z. Pied of Alieglance: 3. Commungy irrvocatton by AQlke Dodd witty Capital Christian Center: 4. Adopdan of the Agenda: S. Consent Agenda: /L Tabled from June 26y 2007: Development Agreement: AZ 08- 068 Request for Annexation and 2:onine of 22.30 acres from R1 to a C-C3 zone for A~lauist Annexation by Ahlqutst Devefopmerrt, LLC -Southeast Comer of tine intersection of E:ggia Road and FrankUn Road: B. Findings of Fact and Concluslone of Law for Approval: AZ 08- 084 Request tar Annexation and Zonlrtg of 85.57 atxes from RUT to R-8, R-15 and R-40 nines for are _Subdiv(ston by RMR Consuk€ng, Inc -39:15 West Frantd~ Road arui 2~ South Black Cat Road: M~-Juy1e.2007 PQgev~a pu6&c mestir~e shall become pmpsriy of the Chy ord. Myone desitMg aomnp~deNrn for dtsois refa0ad to domes andlot 9. Fte~e conpat tyre Chy Cfark's Otnce X8664433 ~ leesi46 hens t~tDthe Pi>~ Total Paaes Scanned : 4 Total Paaes Cnnflrm~arl • SCE No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 001 650 3810160 02:20:02 p.m.07-06-2007 00:00:00 014 1 G3 HS FA 002 650 8989551 02:20:OZ p.m.07-06-2007 00:00:58 4/4 1 EC HS CP21600 003 650 8848723 02:20:02 p.m.07-06-2007 00:01:30 414 1 EC HS CP14400 004 650 8886854 02:20:OZ p.m.07-06-2007 00:00:48 4/4 1 EC HS CP28800 005 650 8985501 02:20:02 p.m.07-06-2007 00:07:30 4!4 1 EC HS CP14400 006 650 8467366 02:20:02 p.m.07-06-2007 00:00:48 414 1 EC HS CP28800 007 650 8950390 02:20:02 p.m.07-06-2007 00:01:19 4/4 1 EC HS CP19200 ~ - Broadcast Report ~ Date/Time 07-06-2007 02:51:26 p.m. Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 650 208 888 2682 02:20:02 p. m. 07-06-2007 00:00:45 414 1 EC HS CP33600 009 650 8840745 02:20:02 p.m.07-06-2007 00:00:49 4!4 1 EC HS CP31200 010 650 2088885052 02:20:02 p.m.07-06-2007 00:00:47 4!4 1 EC HS CP31200 011 650 8886573 02:20:02 p.m.07-06-2007 Q0:03:57 4/4 1 EC HS CP9600 012 65fl 2083776449 02:20:02 p.m.07-06-2007 00:01:30 414 1 EC HS CP14400 013 650 4679562 02:20:02 p.m.07-06-2007 00:00:53 4!4 1 EC HS CP24000 014 650 8886700 02:20:02 p.m.07-06-2007 00:00:00 014 1 -- HS FA 015 650 8849159 02:20:02 p.m.07-06-2007 OO:Q0:46 414 1 EC HS CP31200 016 650 2088840744 02:20:02 p.m.07-06-2007 00:00:53 4/4 1 EC HS CP26400 Abbreviations: H5. Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correll r T , ~~~~~ V ~~ ~~ ~ -. JUL ~ 0 2007 ~~~ ~i~~l~n ~~ I/ityofMeridian. Innrlo ,~` City Clerk Office ~ j~ R.Tn~~Vnu~ is~ MAYOR Tammy de Weerd CrrY CovxclL MEn~E[~s Keith Bird jce lioitton Charles Rountree David Zaremba CITY DEPARTMIIVTS Fi ear 540 E. Franklin Road 8~-1234 / fas 895-0390 Parks & Recreation 11 W. Bower street ~8-3579 / fas 898-5501 P 660 E. Wateroawer Lane Spite 202 884-5533 tfag888-6844 Police 1401 E. Watertower bane 888-6678 / fez 846-7366 Pnbllc Works 660 E. Watestower Lane Suite 200 89'8-55(~I / fas 898-9551 - Bunlding 660 E. watertower Lane suite 150 887-2211 / £ax ~7-1297 - Wa~Cewater 3401 N Ten Mile Road 888-2191 /Fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax ~4-1159 DELIQUENCY FOR TURN OFF Schedule for July 11, 2007 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-tenninatian hearing for July 1Q, 20Q7. Users tmving delinquent utilKy bills will be shutoff on July 11, 2007. The total amount past due is $13,285.34. The number of past due customers is 168. Jaycee Holman Billing Manager CrrY HALL 33 EAST IDAHO AvnwE Mi~lAiv, IDAHO 83642 ~2~) 888-4433 CITY CLERK- FAX888-4218 CITY ATTORNEY/ HR- FAX 884-8723 FINANCE 8t L!TILrrY BILLING -FAX867- 13 MAYOR'S OFFICE- FAX884-8116 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Jul 10, 2007 04:35pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: r Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Blll Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No dame /Service Address Past Due Balance - 1 17.34.0708.04 ABEL, RANDY 67.47 131.79 2217 AMETHYST AVE N 2 15.21.1720.02 ADAMS, SHIRLEY 80.22 191.26 2121 LEANN WAY 3 17.34.3320.02 AGUILERA, MEINARDO ~ KIMBERLY 67.57 149.84 1542 RINGNECK DR E 4 18.42.2350.02 AILSHIE, WENDY 53.13 128.15 1787 GREEN MEADOW CT E 5 18.42.4078.02 ALEXANDER, ROBERT & ELOUISE 76.71 118.34 1726 COUGAR CREEK DR E 6 18.42.4284.03 ALLEN, CARL 8~ LINDA 55.34 111.73 2915 DEVLIN WAY N (CORNER) 7 14.19.6562.02 ALLING, TERRY 59.21 141.05 2993 BURLEY WAY N NO ARRANGEMENTS FOR RENTERS PER HPM!!!!!!!!!!!!! 8 14.14.4324.01 ARNOLD, JOE 106.41 192.85 3605 PATEL DR W 9 16.32.1362.04 ASH, TRAVIS 96.70 258.63 308 WATERBURY DR W NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 10 15.21.0560.02 BARGEE, JASON & FAIN STEPHANI 73.25 126.53 2602 PARK STONE DR W 11 13.13.6114.03 BARTLETT, CRAIG 58.05 81.13 4968 MCMURTREY ST W 12 16.32.0804.05 BAUER, BRAD & CAVERLY, TRICIA 55.13 134.56 465 CREEKVIEW DR W • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Jul 10, 2007 04:35pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compa red to Delinquent Balance Ref . No Cust No Name /Service Address Past Due Balance 13 8.81.0215.02 BEHRENDT, PATRICK ~ MICHELLE 78.14 123.19 148 CORNELL DR E 14 17.33.2316.01 BELL, LILLY 72.04 120.38 2518 ARROW WOOD WAY N 15 14.20.0700.05 BIGHAM, CINDY ' 109.83 183.26 1669 GOLFVIEW Wp-Y N REMOVED CASH ONLY ALERT-HAS BEEN OVER AYEAR-DB 6/18/07 16 15.21.0550.03 BIRD, TORREY & CHERYL 83.82 152.56 2482 PARK STONE DR W 17 15.21.2610.03 BLACKWELL, MARY ANN 169.10 310.61 3001 KENDRICK ST W 18 16.32.1558.04 BROWN, BRIAN 8~ TANA 94.24 169.24 2554 8TH AVE NW 19 3.90.0274.02 BROWN, MATT $ KRISSA 74.97 115.39 5458 VERCELLI WAY N 20 18.42.1876.01 BRYANT, JOHN 56.24 117.96 2050 SEGBUOIA PL N 21 16.32.1432.01 BUEHRING, RANDI 72.20 163.27 572 WOODBURY DR W 22 16.32.0910.03 CANNELL, FRANK ~ CATHY 65.99 160.33 2395 KELSEY PL N 23 9.09.9614.02 CARREON, TONIA 93.34 150.65 1021 WHITE SANDS DR W 24 9.15.2805.02 CARVER, KART 81.54 142.01 4179 RHODES AVE N ' 25 3.15.4807.02 CARY, DAVID & ADRIENNE 72.21 110.86 1988 GRAND TETON DR W 26 10.55.3210.02 CHUBINSKY, IRINA ~ NIKOLAY 75.83 217.94 2320 LOS FLORES DR W 27 17.33.2566.02 CONNELL, EDWARD 52.97 114.00 721 HAWK ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 ?Standard Payment Customers Jul 10, 2007 04:36pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimu~;bf $50.00 compared to Delinquent Balance Ref . No Cust No Name /Service Address Past Due Balance 28 15.22.0922.04 COX, KATHY 85.96 183.07 2155 MONACO WAY 29 3.90.0330.02 CRIBBS, B/ALEAO, D/MILLER, P 85.34 185.96 3079 DIVIDE CREEK~DR W REMOVED CASH' ONLY FOR MILLER AS OF 6!20/07 CASH ONLY UNTIL'6/20/07 FOR PAM MILLER (RENTER'S MOTHER) DUE TO NSF.-DB-6/22/06 30 3.15.4617.01 CRONER, CHAD 65.06 113.92 2211 TANGO CREEK DR W 31 12.40.0623.03 CRUZ, ROGER 73.39 119.33 5038 ALDERSTONE ST W 32 14.19.5498.02 CURTISS, MARK & AMY 72.20 192.16 2901 VALAM AVE N 33 15.21.2228.03 DAVIS, JESSICA 72.31 121.39 2864 KANDICE CT W 34 17.34.1056.02 DAVIS, MIKE & MARY 102.74 140.01 2652 BOBCAT WAY N 35 18.42.1824.03 DELEON, SHAN . 65.47 125.84 2166 MEADOW WOOD DR E NO ARRANGEMENTS ALLOWED UNTIL 10/13/07 DUE TO ANOTHER BROKEN ARRANGEMENT. ON CASH ONLY FOR SHAN DELEON PERMANENTLY. 36 5.50.0402.02 DILDINE, DERIN 89.85 160.03 842 YUCCA CANYON ST E 37 16.31.3244.03 DIXON, PHIL 8~ ERIN . ~ 58.85 91.34 1193 DELMAR DR ' ? ' 38 17.33.2612.06 DONALDSON, NEAL `. 62.66 127.42 2924 CAPE COD AVE N 39 17.34.2848.06 EAMES, GLINT ~ 107.22 169.52 3043 YELLOW PEAK WAY N 40 10.20.0230.02 EATON, RONDA 68.17 113.22 3713 TIMBER LAKES WAY N NO ARRANGEMENTS ALLOWED FOR • - • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment C ustomers Jul 10, 2007 04:36pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance RENTERS, PER HPM!!! 41 17.34.0592.01 ELLIS, TODD & DANA 95.45 189.07 2328 AMETHYST AVE N 42 9.09.9228.02 ESHENRODER, TERRY & ROBYN 81.95 128.67 4188 TALLGRASS AVE N 43 8.08.1554.05 FABITZ, DANIEL 8~ CATHY 67.39 128.29 386 SANTIAGO DR E 44 8.08.1004.02 FIAMINGO, DAVID & BERNADETTE 50.26 112.65 3640 ETTA WAY N (CORNER) 45 6.06.1314.02 FIL, ERIC & HAUNTZ-FIL, TAMMY 57.41 128.58 5303 SCHUMANN AVE N 46 16.16.3640.02 FITZEN, LARAE & LINDA 102.57 182.26 93 SEDGEWICK DR W 47 14.14.3516.02 FLORES, DAVID 51.24 116.17 4316 CAMPFIRE CT W 48 9.09.9164.02 FRODE, CHARLES & ELVIRA 70.23 108.55 1435 GREAT BASIN DR W 49 15.22.1842.03 GAGE, JOHN OR TARDIFF, PENNY 50.26 149.66 2221 LOWRY ST W 50 18.42.1240.01 GILLETT, JOSHUA 96.06 138.26 2413 CLARENE ST E . 51 15.21.1724.02 GLENN, BRAD & KIM 64.89 145.00 2050 KRISTEN WAY 52 17.33.3674.03 GRAMS, PHILIP 87.76 136.53 430 WAKELY ST E 53 5.50.0222.02 GRAVEN, DEL & ERICA 51.98 130.69 736 BONOTA CANYON ST E 54 17.33.2752.01 GRAVES, DENNIS 66.99 117.25 3120 CAPE COD AVE N RENTER??? (mike graves) PH#208-941-2365 EMAIL: m ikegraves@trugreenm ail.com 55 15.21.0462.03 GUNNERSON, PATRICK & IVY 227.59 317.52 2470 WHITESTONE DR W NO ARRANGEMENTS • • CITY OF MERIDIAN Shu#off Account List CITY COUNCIL Page: 5 Standard Payment Customers Jul 10, 2007 04:37pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance ALLOWED!!!-CASH ONLY PERMANENTLY WHILE IVY 8~ PATRICK GUNNARSON (RENTERS) LIVING AT PROPERTY==WROTE NSF TO KEEP/GET WATER BACK ON. 56 3.90.0826.02 HALE, MEADOWS & CONWELL 83.18 142.02 5230 CO,RTONA WAY N 57 14.19.6596.01 HAM, RUSSELL M. , 77.27 173.85 3079 FIRELIGHT PL N 58 16.31.3394.02 HANHARDT, ANDREW 8 CAMILLE 111.42 154.23 1080 DELMAR DR 59 3.15.4714.03 HARADA, BRANDON ~ JODI 50.58 116.44 2011 GRAND TETON DR W 60 17.33.4248.02 HARGRAVE, CLATE & KAREY 76.68 124.41 2703 EUREKA AVE N 61 3.03.5576.02 HAVILAND, V. PAGE 50.80 100.80 2172 CEDAR GROVE ST W 62 10.55.3005.02 HEIMAN, JENNIFER 8~ CHRISTOPHER 54.82 81.93 2342 QUINTALE DR W 63 15.21.2798.01 HERZIG, RONALD 58.53 99.28 ' 2543 MORELLO AVE N 64 19.10.0906.02 HIGGENBOTHAM, JOLEEN 66.42 128.64 4218 CHANDLER ST E 65 17.33.3586.03 HIXON, DAVIES, CLARK, PARKS 68.86 105.10 455 EDGAR CT E NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER!!! 66 15.15.0780.02 HOCKETT, JENNIFER 61.57 97.66 1937 CLAIRE DR W 67 14.19.6566.02 HODGIN, JOHN 72.20 126.36 2949 BURLEY WAY N 68 15.22.1214.03 HOWELL, TROY & MARY 50.26 177.11 2172 HENDRICKS ST W 69 3.15.1403.02 IVERS, BEN & MIMI 53.72 99.86 1807 HAM RAPIDS ST W -- ~ • CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL page; 6 Standard Payment Customers Jul 10, 2007 04:37pm Current Period: 07/20/2007 -Transactions Induded Through: 07/20/2007 Shutoff Minimurr~ of $ 50.00 compared to Delinquent Balance Ref r No Cust No Name /Service Address Past Due Balance 70 17.33.0358.01 JAMES COURT APTS 678.19 1,407.83 2110 MERIDIAN RD N 71 8.08.1374.04 JENSEN, ALOHA LEILANI 72.64 125.96 228 CARVER DR E 72 17.85.0414.02 JOHNSTON, MALADY 123.85 172.79 2725 ALDGATE WAY N 73 13.13.5000.03 KAUFMANN, SHARONE 67.96 91.04 4925 TOURNAMENT DR W 74 8.81.0104.02 KECK, LYNN 8~ JERAD 86.85 134.88 3851 LEZANA AVE N 75 17.34.1298.02 KELLY, JASON 8 JENA 94.45 174.60 2431 BLACK BEAR WAY N 76 16.32.1270.03 KENNING, JENNIFER 86.03 157.05 287 WOODBURY DR W 77 17.34.1786.03 KIMMEL, GEORGE 87.69 189.03 1011 CHATEAU DR E 78 17.79.0616.02 KINDALL, KYLE 68.01 107.07 2163 COUGAR WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS, PER PM!! CASH ONLY TIL 4/19/08 FOR RENTER (KINDALL) DUE TO 2ND NSF-DB 4/27/07 79 15.21.2712.05 KRUITBOSCH, MELISSA 55.25 139.76 3173 FOXTROTTER DR W 80 8.81.0209.02 KUHN, JUSTIN 86.94 150.11 268 CORNELL DR E 81 8.81.0815.02 LADEGAARD, SEAN & KATHERIONA 83.09 129.19 3879 CHOCAYA PL N NO ARRANGEMENTS ALLOWED/CASH ONLY TIL 10/7/07-DB 82 15.21.0456.04 LAWRENCE, CHRISTINE ~ JOE 82.49 138.49 2944 OLD STONE WAY N 83 16.32.1354.03 LEEDER, GARY 92.35 137.40 278 WOODBURY DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Jul 10, 2007 04:37pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 84 18.42.2252.02 LLOYD, JASON ~ CODI 75.47 209.74 2220 CHATEAU DR E 85 13.09.0410.02 LYNNE, KATHY 54.82 102.25 2848 ELISHA AVE N 86 15.22.2552.03 MALLOY, PATRICK 78.18 134.65 2845 ROUGH STONE WAY N 87 18.42.2332.01 MARIN, JOSE 107.29 184.58 1902 GREENMEADOW CT E 88 17.79.0614.03 MARKWELL, BROCK 95.86 117.91 2131 COUGAR WAY N 89 18.42.1206.01 MARTIN, LOREN 56.88 86.99 1975 DIXIE AVE N 90 16.26.0120.03 MARTIN, TIMOTHY 52.16 77.94 413 INDIAN ROCKS ST W 91 15.21.3034.05 MASELLI, TODD 68.65 239.73 3017 RAVENHURST ST W 92 10.20.0070.03 McCAULEY, JAMES R 112.65 222.66 3864 COOL RIVER WAY N 93 16.32.0454.03 McLEAN, JACK & BOB 73.65 169.07 2094 8TH ST NW 94 9.09.0740.02 MENDOZ4, PEDRO $ EVA 92.75 165.89 550 WELCH ST W 95 17.85.0416.02 MEYER, AARON & COURTNEY 71.99 112.54 2751 ALDGATE WAY N 96 18.42.1902.04 MEYERS, BEN 93.93 235.11 2205 LOCHNESS WAY N 97 9.09.0288.02 MILLER, JAMES 74.74 130.56 3602 ALEXIS WAY N 98 15.21.1034.02 MITCHELL, STACY & DIANA 52.23 166.99 2974 FIELDSTONE WAY N 99 3.18.1233.03 MITCHELL, WARREN 54.66 85.52 4851 WILD GOOSE WAY N . ~/ • ~~ ~ r yr MtKIDIAN Ref No Cust No Name /Service Address .100 18.42.1878.02 MOFFIT, DON 2072 SEQUOIA PL N 101 15.15.0526.02 MOLINA, RONALD 2267 LONESOME DOVE ST W 102 16.32.0970.04 MOTTY, WENDY 244 SPICEWOOD DR W 103 15.21.3146.03 MULENDORE, D. $ MORA, J. 3036 HEARTH AVE N 104 18.42.1242.02 MURRAY, JOCELYN 2467 CLARENE ST E 105 15.22.1290.01 NIGH, MICHAEL 2070 LASHER COURT 106 17.07.0207.02 NUNNALLY, KENDRA 940 RINGNECK ST E NO ARRANGEMENTS FOR RENTERS , OPTION NOT SELECTED 107 14.14.3640.04 OLSON, BRAD 3080 SAGEFIRE AVE N 108 3.15.0908.03 OVITT, KRISTEN D . 2163 ROOT CREEK ST W 109 18.42.2586.04 PADOUR, JUSTIN & CURRAN 2547 MEADOWGLEN PL N 110 17.07.0211.02 PAPS, MATT 3096 TIMBERFALLS WAY N 111 12.40.0304.02 PENH, JESS & SUSAN 3341 MAPLESTONE AVE N 112 13.13.8426.04 PETERSON, ALAN 4935 MOONLAKE DR W (CORNER) 113 8.81.0820.02 PIKULA, ROMAN & HEIDI 3850 KILBERRY AVE N 114 8.81.0214.04 PISCHELL, PATTIE 194 CORNELL DR E Past Due Balance 112 82 261.49 61.53 124.77 x•91 167.25 57.17 203.12 70.64 141.35 51.06 230.54 59.60 92.09 89.07 145.21 69.94 127.76 60.93 154.41 50.26 105.16 57.58 128.34 76.71 132.40 x•79 152.59 58.32 134.46 Shutoff Account List CITY COUNCIL Standard Payment Customers Page: 8 Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Jul 10, 2007 04:38pm Shutoff Minimum of $ 50.00 compared to Delinquent Balance CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 9 Standard Payment Customers Jul 10, 2007 04:38pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 115 16.32.0570.04 PREHODA ,BRYAN 69.41 162.97 630 CRESTMONT CL 116 18.42.2620.02 REYNOLDS, PATRICK T 72.48 106.62 2650 CHANCERY WAY N 117 14.20.1786.01 RICE, JOSEPH 60.94 235.41 2180 TURNBERRY WAY N 118 8.08.1050.03 RIDDLE, WILLIAM 8 TINA 54.29 150.85 173 MOSKEE ST E NO ARRANGEMENTS ALLOWED FOR RIDDLE (RENTER) UNTIL 1/29/2008-WROTE NSF TO GET/KEEP WATER ON. CASH ONLY. 119 18.43.2452.02 RILEY, RYAN ~ CHRISTINA 50.26 100.52 2150 HICKORY WAY N 120 10.10.0078.01 ROBERSON, JACK 62.02 97.96 3073 PUDU ST W 121 8.08.1476.03 ROBINSON, MARCIE 78.88 127.52 145 CARVER DR E NO ARRANGEMENTS ALLOWED FOR RENTER, PER OWNER!! 122 16.31.1270.04 ROBINSON, RICHARD & PRISCILLA 68.96 111.84 261212TH ST NW 123 16.32.0526.02 ROSE, SARA 71.03 149.41 1819 LAWNDALE DR 124 16.26.0205.02 ROSSI, CHRISTINA 88.05 112.18 418 INDIAN ROCKS ST W 125 16.31.3524.02 RUMSEY, HAROLD 8 MARY 62.35 136.05 1898 W EST 11TH AVE N 126 6.45.0418.02 SALINAS, DEBBIE & FLORENTINO 88.83 147.36 4844 SCHUBERT AVE N 127 17.34.1078.04 SALVELBERG, DOYLE K 56.73 131.04 2591 SHOVELER WAY N 128 15.21.3292.02 SALZMAN, KIM $ BRIAN 91.47 179.27 3117 HEARTH AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Jul 10, 2007 04:38pm Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $50.00 compared to Delinquent Balance Ref t No Cust No Name /Service Address Past Due Balance 129 16.32.1686.05 SANCHEZ, JAVIER 56.98 192.84 29 WATERBURY DR W 130 9.09.0338.02 SAND, ERICA 93.30 160.20 3826 GREENWICH WAY N 131 17.34.0902.02 SARGENT, CHAD & KELLI 74.69 156.73 1155 HUNTER DR E 132 17.34.1986.05 SCHMIDT, JEREMY ~ SARAH 51.46 136.07 930 CLARENE ST 133 9.09.9102.02 SCHOFIELD, PAUL ~ HILARY 58.41 98.39 1360 GREAT BASIN DR W 134 15.22.1222.02 SHOLOTYK, YRIY 68.74 263.44 2049 COOL CREEK AVE N NO ARRANGEMENTS FOR RENTERS!!!!!!!! 135 15.21.2860.03 SHUMWAY, RENATA 110.22 163.21 2820 FOXTROTTER DR W 136 10.10.2020.02 SIMMONS, ADAM 83.34 121.09 2143 GRASSY BRANCH DR W 137 15.21.2836.02 SINGLETON, RODNEY 78.94 144.35 2777 STALLION ST W 138 9.09.9396.02 SMITH, DANETTE 78.33 139.84 4152 ARCHES WAY N 139 8.08.5028.02 SNOW, TIMOTHY & KERRI 50.26 143.57 4471 PARK CROSSING AVE N 140 8.15.0232.02 SOTO-BRICENO, PAOLA 61.59 100.82 1015 KAIBAB TRAIL DR E 141 13.13.8468.02 SPEDDEN, STEPHEN & RENAE 52.36 147.90 2939 VALLEY GREEN WY N 142 9.92.7048.02 SUNQUIST, SHARON 53.39 117.86 4440 KILEE AVE N 143 14.14.3552.02 SWEIGART, CRAIG ~ CANDACE 69.01 92.09 4060 ANGELICA DR W (CORNER) ' /~ .' ' 4i CITY OF MERIDIAN Shutoff Account Llst CITY COUNCIL Standard Payment Customers Page: 11 Current Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Jul 10, 2007 04:39pm Shutoff Minimum of $ 50.00 compared to Delinquent Balance RCI No Cust No Name /Service Address Past Due Balance 144 3.90.0618.02 TELETEN, A. $ TELETEN, O. 2948 DIVIDE CREEK DR W 51.93 142.67 145 15.22.1354.01 THICK$TUN, TERRI 1908 MONACO WAY x•26 148.38 146 16.32.1616.03 THOMAS, PAUL C 2569 RIDGEBURY WAY N 82.59 182.96 147 18.42.1216.01 TOROK, ZSOLT 2087 CLARENE ST E 69.33 103.47 CASH ONLY TIL 9/18/07 DUE TO 2 NSF' S IN A YEAR.-DB 148 17.79.0207.02 TURCOTTE, TINAE 756 BLUE HERON ST E 112.91 157.65 149 15.21.1174.01 TWADDLE, DAVID 2492 CHATEAU DR W 75.49 186.21 150 15.21.2884.03 VANNEWKIRK, TAI 3054 FOXTROTTER DR W 53.79 137.56 151 17.34.2706.03 VOLT, ALARIC 1458 COUGAR CREEK DR E 53.49 93.47 152 13.13.6116.02 WALTERS, JIM $ MARY 4990 MCMURTREY ST W (CODER) 87'72 156.52 153 12.40.0220.03 WANN, PAUL $ BRENDA 4867 BEECHSTONE ST W 51.59 122.19 NO ARRANGEMENTS ALLOWED FOR ANY RENTERS!!!! 154 16.21.0717.04 WEAVER, CAROL 2783 RIDGE HAVEN WAY N x'89 177.15 155 15.22.1238.01 WEISS, DAVID M. 1853 COOL CREEK AVE N x•24 249.84 156 17.34..3318.01 WHALEN, SEAN 3132 SHEEPHORN AVE N 87.02 175.09 157 15.21.1868.03 WHITE, RITA ~, 2638 REBECCA WAY 80.87 171.31 F 158 5.50.0265.03 WILDE, KRISTEN & DANIEL KELLY , 5356 RED HILLS PL N 52.36 110.55 C: t .. .. ._.. CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Jul 10, 2007 04:39pm Cun'ent Period: 07/20/2007 -Transactions Included Through: 07/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 159 17.34.0806.04 WILLIAMS, JOSH 81.27 130.83 966 CHATEAU DR E 160 13.13.9058.03 WILSON, DAVID ~ ELENA 5186 CRbSSRIDGE ST W (COk~NER) 65.04 144.31 161 7.04.0920.02 WILSON, TRAVIS & NANETTE 1856 GRAND CANYON DR E 79.94 135.19 NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 162 12.40.0311.02 WINN, RICHARD & PATRICIA 206.53 244.30 3358 ELMSTONE AVE N 163 17.33.2538.01 WITMER, STEPHEN 8 LAURIE 73.53 160.68 700 GROUSE CT E 164 13.11.0106.02 WOLF, ERIC 8 KIMBERLY 107.21 164.80 2412 O CONNER AVE N 165 17.34.1120.03 WOMACK, KEN 61.61 119.93 2777 BOBCAT WAY N 166 17.34.1858.06 WRAY, JENNIFER 69.26 140.87 2050 BRIXTON PL NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!!! 167 15.22.1530.02 WUPPER, ROBERT & JENNIFER 64.35 190.18 1931 KINGSWOOD CT 168 7.48.1705.02 YOST, SHANE D 71.06 106.23 3875 DIXON AVE N Grand Totals: 168 Customers Listed 13,285.34 25,895.54 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.6!II Cycle = 2 Customer.disconnected = No Customer.shut off list = No Broadcast Report Date/Time 07-10-2007 12:44:52 p.m. Transmit HeaderText City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Llne 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " J~I.~GErSe ~OS'~ ~ ~~a~L./lr0~'r'fc.. -~ Ll~c~tks~ ~~i~E IDIAN iibARito M1Bt:RiDlAN Cmr couivt:it. SPECIAL IfAEETING / WORi(SHOP AGENDA Wednesday, Juty 11, +ZW17 at 8:30 a.m. City Council Chambers 33 East Idaho Avenue, 011eridian, Idaho "Although the t^i(y of Me-tdian no Longer requires sworn tesb'monY, aN presentati~s before the Mayor and City CouncN are expected b be iruthftr! end honest to best of the abHlty of Nre presenter." 1. Rali-cab Attendance: David 2sremba .be 9orton Chatiie Rountree Keith Bird Mayor Tammy tie Weerd 2. Adoption of the Agenda: 3. Presentations and Discussions of the Proposed City Department Budgets {approximate times?: 8:30 am Introduction 1 Preparsltlons 8:43 am Petits Department 8:45 am Finance Department 40:08 am Break 10:45 am Lt~ai, Hannan Resources. rr Departments 14:00 am Polt~ Department 12:00 pm Lunch -Working 72:30 pm Planning Deparbrtertt 1 a:45 pm City Clerk's ottice 12:80 am RAayor's t3fflcs 9:55 pm Public Works Departmen! 2:80 pm Fire Department 3:80 pm Further ovsrail Budget Discussion / Decisions s:oa pm close Meriman Ctly CearmA Spedel tWe~t~ I Wa9astwp {Venda-.tiny 71, 2{707 Pegs 1 of 7 A9 mater~ls ptese~sd at Puh~ meeBngs b prpperiy d tl~ City ~ tYletid~i. Myome a~ecootnmata~pniar dfsabi~ea relates to dacaa~resrl$ arntlarl~earing, pk coretaet the Clerk's Ofrba ~ 688.4435 at k 4B hags prier to ttfe P~IiC . Total Pages Scanned : 1 Total Pages Confirmed : 18 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 667 3810160 12:20:55 p.m.07-10-2007 00:00:00 011 1 G3 HS FA 002 667 8989551 12:20:55 p.m.07-10-2007 00:00:45 111 1 EC HS CP12000 003 667 8848723 12:20:55 p.m. 07-10-2007 00:00:26 111 1 EC HS CP14400 004 667 8886854 12:20:55 p.m.07-10-2007 00:00:12 111 1 EC HS CP28800 005 667 8985501 12:20:55 p.m.07-10-2007 00:00:26 1/1 1 EC HS CP14400 006 667 8467366 12:20:55 p.m.07-10-2007 00:00:12 1/1 1 EC HS CP28800 007 667 8950390 12:20:55p.m.07-10-2007 00:00:12 1/1 1 EC HS CP28800 Broadcast Report Date/Time 07-10-2007 12:44:58 p.m. Transmit HeaderText Cltyof Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local !D 2 Local Name 2 Ltne 2 No. Job Remote Station StartTlme Duration Pages Line Mode Job Type Results 008 667 2088882682 12:20:55p,m.07-10-2007 00:00:12 111 1 EC HS CP33600 009 667 8886777 12:20:55 p.m. 07-10-2007 00:00:26 1I1 1 EC HS CP14400 010 667 8840745 12:20:55p.m.07-10-2007 00:00:13 1/1 1 EC HS CP28800 011 667 2083876393 12:20:SSp,m.07-10-2007 00:00:26 111 1 EC HS CP14400 012 667 2877909 12:20:55p.m.07-10-2007 00:00:12 111 1 EC HS CP28800 013 667 2088885052 12:20:55 p.m.07-10-2007 00:00:11 111 1 EC HS CP31200 014 667 8886573 12:20:55 p,m.07-10-2007 00:00:59 111 1 EC HS CP9600 015 667 2083776449 12:20:55 p.m.07-10-2007 00:00:26 111 1 EC HS CP94400 016 667 4679562 12:20:55 p.m.07-10-2007 00:00:13 1/1 1 EC HS CP26400 017 667 8886700 12:20:55 p.m,07-10-2007 00:00:00 0l1 1 -- HS FA 018 667 8884022 12:20:55 p.m.07-10-2007 00:00:00 0/1 1 -- HS FA 019 667 3886924 12:20:55 p.m.07-10-2007 00:00:14 111 1 EC HS CP28800 020 667 8841159 12:20:55p.m.07-10-2007 00:00:12 1/1 1 EC HS CP31200 021 667 2088840744 12:20:55 p.m. 07-10-2007 00:00:14 111 1 EC HS CP24000 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fatl RP: Report EC: Error Correct