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Home My WebLink About2007-07-03~I~e~s~ I~~- ~ ~e~~ N c~tx c~.- ~s 1 ~ _l~` ,~~ ~' CPFY OF A~ ~` , c. %'1~teYlG~IG,E7~ IDAHO y F~, ~~ ~ER e Tr~:nsYiae VnuE'~ su+cE 7903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 3, 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 Steve Moore with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 19, 2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Chen-y Wood Village by Richard Brown and Roy Brown -Southwest Comer of Cherry Lane and Linder Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 07- 007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Meridian City Council Meeting Agenda -July 3, 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. • • Village by Richard Brown and Roy Brown -Southwest Comer of Cheny Lane and Linder Road: D. Water Main Easement Agreement for Hastina Subdivision by Monterey, LLC: E. Water Facilities Easement Agreement for Pinebridae OfSce Building by DMB Management, LLC: F. Amended Resolution No. 07-562 A Amended To Correct Exhibit A for Public Works Rate Change: G. Tabled from June 5, 2007: Resolution No. - Adoution of Records Retention Schedule: H. Interaa~encv Agreement with Ada Countv Hiahway District for Transfer of Subdivision Record Drawings: I. Permanent and Temaorarv Easement Relinquishment for Janicek Proaerties. LLC: J. Agreement with the Joint School District No. 2 for School Resource Officer befinreen the Meridian Police Department and Meridian School District: 6. Department Reports: 7. Items Moved from Consent Agenda: 8. Request to withdraw application for LDS Rezone RZ 07-004 by Bob Niblett of Niblett and Associates Architects: 9. Tabled from June 19, 2007: FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN-R and C-C zones for Harks Canvon Creek Subdivision by Franklin Centre, LLC -1845 West Franklin Road: 10. MFP 07-004 Request fora Final Plat Modification to remove the requirement of constructing a sidewalk adjacent to the north portion of Jericho Road and to modify the fencing adjacent to Lots 12 and 14, Block 3 as approved on the final plat landscape plan for Hightower Subdivision by The Land Group, Inc. -Southwest Comer of Chinden Boulevard and Jericho Road: Meridian City Council Meeting Agenda -July 3, 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. • • 11. Continued Public Hearing from June 5, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: 12. Continued Public Hearing from June 5, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: 13. Continued Public Hearing from June 5, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: 14. Continued Public Hearing from June 5, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: 15. Continued Public Hearing from June 19, 2007: MI 07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: 16. Continued Public Hearing from June 19, 2007: VAR 07-010 Request for a Variance to landscape the surplus right-of--way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: 17. Continued Public Hearing from June 19, 2007: VAR 07-011 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Road towards the landscape street buffer width in the C-G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group -Southwest Comer of Eagle Road and Ustick Road (Sadie Creek Subdivision): 18. Continued Public Hearing from June 19, 2007: VAR 07-012 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Meridian City Council Meeting Agenda -July 3, 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~ • Road towards the landscape street buffer width in the C-G zone for Bienville Sauare Eagle Road Landscaping by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): 19. Public Hearing: RZ 07-009 Request for a Rezone of 24.69 acres from I-L to C-G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): Meridian City Council Meeting Agenda -July 3, 2007 Page 4 of 4 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ Broadcast Report Date/Tlme 06-Z9-2007 02:54:28 p.m. Transmit HeaderText Cltyof Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed reduced sample and details below} Document size : 8.5"x11 " `~l~ease ~~ ~ Rt,.btii~.~,, Nt~t,.t~-7h~si~ ""'°" CITY COUNCIL REGULAR ~~~~ !4lEETlNG AGENDA ~' ~ city Catutcii Chambera 33 East tdaho Avenue, tlAerfdlan. idaha Tuesday. July 3, 2007 at 7:00 p.m. "Although the City ofNterfdtan no longer requires sworn tes~mony, all preseniab`ans before Ute Mayes and City Council are exAeded to be 6uflrfiri and honest to the best of the eblldty of the presenter. 1. Roll-caU Attendance: Dautd Zarerrtba .be Gorton ChaHie Rountree ~~ g~ Mayor Tammy de Weerd 2. Piedge of Allegiance: 3. Community tm+ocation try Steve QAoore with Cherry Larre Chrhitfan Church: 4. Adoption of the Agenda: 9. Consent Agarrda: A. Approve Minutes of June 19, 2007 City Cour~ll Regtdar Meeting: B. Findings o1 Fact and Conctutatons Of LsYV fOr Qerdai: R2 07- 008 Retest for a Rezone of approxirrtately 4 sores from a C-N zone to a C-C sons far Lots 7 - 5, Bioc~c 9 of fhe Confer at Vineyards Sutrdiuislon for Cherro Wood Vll~ by RR:haM Brown attd Roy grown -Southwest Comer of Cherry Lane and Llrtd~ Road: C. Findings of Fatd and Gartclusiatts of Law far peniat: CUP 07- 007 Ret}uest for a Condfdor~ii tJ~ PenMt to altowr retaU ~fe and service of motor seaters within the C-C zantr>g district on Lot 3, Block 9, of the Comer eR VUteyards 8ubdivlsion for Che~ood AB materials presanistt ~ DupUc maeflngs shop .kAme ~ t 044 Woamly oftiro City Dr R4e~tditsl. Anyone d~fiing ecoammodagon tordlsa6H8tes reta8ed m arrdfer ice, pleas txrt~oY Bto CiiY ClerMs OtBee aE 88844133 atisas! 48 Crows gtkr 8 the public rtreayng, Total Paaes Scanned : 4 Tntal Panes Cnnflrmod • 76 No. Job Remote Station Start Time Duration Pages Une Mode lob Type Results 001 595 3810160 01:30:43 p.m.06-29-2007 00:00:00 014 1 G3 HS FA 002 595 8989551 01:30:43 p.m.06-29-2007 00:01:00 414 1 EC HS CP21600 003 595 8848723 01:30:43 p.m.06-29-2007 00:01:28 414 1 EC HS CP14400 004 595 8886854 01:30:43 p.m.06-29-2007 00:00:47 4/4 1 EC HS CP31200 005 595 8985501 01:30:43 p.m.06-29-2007 00:01:28 414 1 EC HS CP14400 006 595 8467366 01:30:43 p.m.06-29-2007 00:00:00 0/4 9 -- HS FA 007 595 8950390 01:30:43 p.m.06-29-2007 00:00:50 414 1 EC HS CP28800 ~ Broadcast Report - ~ DateiTime 06-29-2007 02:54:37 p.m. Transmit HeaderText City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 008 595 208888 2682 01:30:43 p.m.06-29-2007 00:00:47 4/4 1 EC HS CP33600 009 595 8886777 01:30:43 p.m.06-29-2007 00:01:28 4/4 1 EC HS CP14400 010 595 8840745 01:30:43 p.m.06-29-2007 00:00:48 414 1 EC HS CP39200 011 595 208 387 6393 01:30:43 p.m.06-29-2007 00:01:27 4/4 1 EC HS CP14400 012 595 287 7909 01:30:43 p.m.06-29-2007 00:00:47 4!4 1 EC HS CP33500 013 595 2088885052 01:30:43 p.m.06-29-2007 00:00:48 4/4 1 EC HS CP31200 014 595 8886573 01:30:43 p.m.05-29-2007 00:03:59 414 1 EC HS CP9600 015 595 8881983 01:30:43 p.m.06-29-2007 00:00:56 414 1 EC HS CP24000 016 595 2083776449 01:30:43 p.m.06-29-2007 00:01:28 4/4 1 EC HS CP14400 017 595 4579562 01:30:43 p.m.06-29-2007 00:00:56 4/4 1 EC HS CP24000 018 595 8886700 01:30:43 p.m.06-29-2007 OO:QO:QO O/4 1 -- HS FA 019 595 8884022 01:30:43 p.m.06-29-2007 00:02:49 4i4 1 EC HS CP14400 020 595 3886924 01:30:43 p.m.06-29-2007 00:00:56 4/4 1 EC HS CP24000 021 595 8841159 09:30:43 p.m.06-29-2007 00:00:48 414 1 EC HS CP31200 022 595 2088840744 01:30:43 p.m.06-Z9-2007 00:09:02 4!4 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: Group3 WS: Wafting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct s ~.. _ +a~.. .~~: Ct7'Y OF ~Ir ~ ~ ~.:,~' erl~i~n ~ ~; IDAHO ~ Fc `~ E ~•eR ~'TREASUftI:V~v SINEE ,1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, July 3, 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 Steve Moore with Cherry Lane Christian Church: ~.~L~~v 4. Adoption of the Agenda: ~~~~ wc, /C~ t ,~ 2 5. Consent Agenda: A. Approve Minutes of June 19, 2007 City Council Regular Meeting: ~~/jrevw B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown -Southwest Comer of Cherry Lane and Linder Road: ~ frr-o vw C. Findings of Fact and Conclusions of Law for Denial: CUP 07- 007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Meridian City Council Meeting Agenda -July 3, 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. • • Village by Richard Brown and Roy Brown -Southwest Comer of Cherry Lane and Linder Road: ~~rj~ow~- D. Water Main Easement Agreement for Hastina Subdivision by Monterey, LLC: a~.,~,oN-c E. Water Facilities Easement Agreement for Pinebridae OfFce Building by DMB Management, LLC: a~,i,~,~ F. Amended Resolution No. 07-562 A Amended To Correct Exhibit A for Public Works Rate Change: ~r~v~ G. Tabled from June 5, 2007: Resolution No. - - :Adoption of Records Retention Schedule: ~-jc.~. ~ q-~,~~. l¢~ ~~7 H. Interagency Agreement with Ada County Hiahwav District for Transfer of Subdivision Record Drawings: a~rrmv..c_ I. Permanent and Temporary Easement Relinquishment for Janicek Properties, LLC: ap~m~.-e.. J. Agreement with the Joint School District No. 2 for School Resource Officer between the Meridian Police Department and Meridian School District: ~~~ 6. Department Reports: 7. Items Moved from Consent Agenda: ~va~.-c 8. Request to withdraw application for LDS Rezone RZ 07-004 by Bob Niblett of Niblett and Associates Architects: G~~,~,~~ ~~,~ ~~ 9. Tabled from June 19, 2007: FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN-R and C-C zones for Harks Canyon Creek Subdivision by Franklin Centre, LLC -1845 West Franklin Road: 10. MFP 07-004 Re uest fora ~~° ~ ~ ~ C/L q Final Plat Modlficatron to remove the requirement of constructing a sidewalk adjacent to the north portion of Jericho Road and to modify the fencing adjacent to Lots 12 and 14, Block 3 as approved on the final plat landscape plan for Hightower Subdivision by The Land Group, Inc. -Southwest Comer of Chinden Boulevard and Jericho Road: ~~ ~ ~ Z Meridian City Council Meeting Agenda -July 3, 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. i ~ 11. Continued Public Hearing from June 5, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: CJy„~ ~~.~ ~!~ ~,~, 12. Continued Public Hearing from June 5, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: C~~~/~ ~ 7~~7,0, 13. Continued Public Hearing from June 5, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark W y: CvyJ~,a~h ~ ?mil ~ ' ~ J 14. Continued Public Hearing from June 5, 2007: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchm~~~Wayfh ~ ~~ ~ ~' ?moo ~ 15. Continued Public Hearing from June 19, 2007: MIPP07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: ~ ~~,,~''"~, 16. Continued Public Hearing from June 19, 2007: VAR 07-010 Request for a Variance to landscape the surplus right-of--way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: ~~~~ ~l ~ ~l~ 17. Continued Public Hearing from June 19, 2007: VAR 07-011 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Road towards the landscape street buffer width in the C-G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group -Southwest Comer of Ea le Road and Ustick Road (Sadie Creek Subdivision): ~,,~, ,,!%~~~ G/~ ~v-Y ~,,~ 18. Continued Public Hearing from June 19, 2007: VAR 07-012 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Meridian City Council Meeting Agenda -July 3, 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~ • Road towards the landscape street buffer width in the C-G zone for Bienville Square Eagle Road Landscaaing by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): ~,~~ ~ ,Gl~ ~ ~l~ ~ ,~~~,,~ ~~ 19. Public Hearing: RZ 07-009 Request for a Rezone of 24.69 acres from I-L to C-G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): d/~~~- Meridian City Council Meeting Agenda -July 3, 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 3, 2007 A meeting of the Meridian City Council was called to order at 7:03 P.M., Tuesday, July 3, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: Joe Gorton. Others Present: Ted Baird, Will Berg, Anna Canning, Kyle Radek, Tracy Basterrechea, Bill Johnson, Will Thornton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba 0 Joe Gorton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I'd like to welcome you to tonight's City Council meeting. It is Tuesday, July 3rd. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Steve Moore with Cherry Lane Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight, we will be led by Pastor Steve Moore with Cheny Lane Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment reflection. Moore: God in Heaven, it's a pretty amazing thought to think that you are the creator of the universe and yet you care about our individual lives and, Father, we have just pledged to be a nation with thanksgiving in our hearts that is under God. In saying that we acknowledge that we really aren't able to take care of ourselves all by ourselves, that we need you, but beyond that tonight, God, this is the eve of a very special day for us in this nation that acknowledges you as our God, that we have what we think is the best place in the world to live and we praise you for that, that tomorrow we will celebrate the fact that we get to choose where to go without permission slips to cross borders • Meridian City Council July 3, 2007 Page 2 of 28 from state to state. We get to choose what to say even if it's critical of those who have authority over us. We get to choose what our vocation will be and where we will live and who we will worship and, Father, we thank you for that privilege and tomorrow we'll be mindful of that. We want to be stewards of that. Tonight it's pretty easy to be grateful -- grateful for those that serve, like this courageous Mayor and City Council of ours who are willing to put their necks on the line and receive criticism in a community that's bursting at the seams and all kinds of pressures. You and your wisdom have said that we should thank our govemment leaders and pray for them and tonight we do that, we do that for our local city, as well as our county and our state and our federal govemment. We thank you for these servants who, as near as I can figure, God, I ask myself why would they do it. They apparently do it because they do care about their community. So, bless their families and, God, it's easy to be grateful tonight for the people that have given their lives and our in harm's way as policeman and firemen and military personnel in history, as well as the present, that we can have such privileges. And now specifically tonight, God, I pray for your direction for this counsel and for our Mayor, that the decisions that they make really will be for this community to be better and we give you the praise in advance for that and with gratitude we do say tonight and ask, please, God, bless America, bless Idaho, and bless Meridian, in Jesus' name, amen. De Weerd: Thank you, Pastor Moore. We appreciate you joining us tonight before a special holiday invocation. Moore: My privilege. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Council, Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, on the Consent Agenda, Item No. G needs to be tabled to August 14th, 2007. On the regular agenda the applicant has asked that items 11, 12, 13 and 14 be continued to July 17th, 2007. And with that I move we approve the revised agenda. Zaremba: Second. De Weerd: I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council July 3, 2007 Page 3 of 28 • De Weerd: I'd like to kind of interrupt the agenda for a moment for some staff introductions. I would like to first start with introducing our new Executive Assistant in my office, Robert Simison. If you will stand up. Robert just started yesterday. So, you should be seeing a lot of him. And, then, our Director Canning has an introduction as well. Canning: Madam Mayor, Members of the Council, I'd like to introduce to you Will Thornton and he has joined us as an Associate City Planner and he will be working on the design guidelines and just think that Will is going to be a great addition to us. He comes to us from an architecture firm. We better not mention who he was supposed to be working for, we might get in trouble. So, we are happy to have him aboard. And he actually started a week ago Monday. De Weerd: Well, welcome. We appreciate you joining us and certainly it's been a long awaited addition to the planning department having an eye to design. So, thank you for joining us. Item 5: Consent Agenda: A. Approve Minutes of June 19, 2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown -Southwest Comer of Cheny Lane and Linder Road: C. Findings of Fact and Conclusions of Law for Denial: CUP 07- 007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown -Southwest Comer of Cheny Lane and Linder Road: D. Water Main Easement Agreement for Hastings Subdivision by Monterey, LLC: E. Water Facilities Easement Agreement for Pinebridae Office Building by DMB Management, LLC: F. Amended Resolution No. 07-562 A Amended To Correct Exhibit A for Public Works Rate Change: G. Tabled from June 5, 2007: Resolution No. Adoption of Records Retention Schedule: u Meridian City Council July 3, 2007 Page 4 of 28 H. Interaaencv Acalreement with Ada _County Hiahwav District for Transfer of Subdivision Record Drawings: I. Permanent and Temporary Easement Relinquishment for Janicek Properties, LLC: J. Agreement with the Joint School District No. 2 for School Resource Officer between the Meridian Police Department and Meridian School District: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda Item G has been asked to be tabled to August 14th and that's the only change from the published Consent Agenda and I move we approve the Consent Agenda as noted and for the Mayor to sign and Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as noted. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: De Weerd: Thank you, Mr. Berg. There are no items under department reports. Item 7: Items Moved from Consent Agenda: De Weerd: No Items moved from the Consent Agenda. Item 8: Request to withdraw application for LDS Rezone RZ 07-004 b Bob Niblett of Niblett and Associates Architects: De Weerd: So, I will move to Item 8 with a request to withdraw application. Anna. Canning: Madam Mayor, Members of the Council, I didn't prepare anything for this. You have received a letter just requesting that you withdraw the application. We • Meridian City Council July 3, 2007 Page 5 of 28 thought it would be better that it were on the record. So, we have put it on your agenda tonight. De Weerd: Okay. Council, any information needed? Bird: I have none. Rountree: No. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the withdrawal of Item No. 8. Bird: Second. De Weerd: Motion and second to approve the request to withdraw on Item No. 8. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Tabled from June 19, 2007: FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN-R and C-C zones for Harks Canvon Creek Subdivision by Franklin Centre, LLC - 1845 West Franklin Road: De Weerd: Okay. Item 9 is tabled from June 19 on FP 07-017. Counsel, we do have a letter from the applicant agreeing with the written -- staff written comments. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-017. Rountree: Second. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Meridian City Council July 3, 2007 Page 6 of 28 Zaremba: I did have some discussion. I didn't realize we were moving that fast. I just wanted to make sure -- the staff comment that the applicant provide written agreement was, essentially, asked, but there was one item that the applicant wanted noted under -- I think it was paragraph 17 of the applicant's letter and I think they were referring to paragraph 17 of the conditions. That requirement is that there be no water or other standing runoff and the applicant pointed out that they do, in fact, have a water feature on Lots 20 and 21 of Block 3 and asked that that be acknowledged, so that they were not required to keep it free of water, and I would just comment that that acknowledgement needs to be included I think. Bird: I agree with it. I figured with the staff having nothing, even though that was there, that it would have been agreed upon between staff and them already, so I didn't think it was necessary to note specifically, but I do agree with it. De Weerd: Never hurts to -- Rountree: Second agrees as well. De Weerd: Okay. If there is no further discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: MFP 07-004 Request fora Final Plat Modification to remove the requirement of constructing a sidewalk adjacent to the north portion of Jericho Road and to modify the fencing adjacent to Lots 12 and 14, Block 3 as approved on the final plat landscape plan for Hightower Subdivision by The Land Group, Inc. -Southwest Comer of Chinden Boulevard and Jericho Road: De Weerd: Okay. Item 10 is MP 07-004. I will ask for any comments from staff. Canning: Madam Mayor, Members of the Council, no, unless you have questions. Staff felt that the proposal for the fencing and landscaping was -- met the intent of the original approval -- meets or exceeds the original intent. De Weerd: Thank you, Anna. Any questions from Council? Bird: I have none. Zaremba: I'm sorry, Madam Mayor, yes. De Weerd: Okay. Mr. Zaremba. Meridian City Council July 3, 2007 Page 7 of 28 • Zaremba: I'm not clear on what portion of Jericho is being vacated. Is it not going to connect to Chinden? Canning: No, sir, it will not. De Weerd: Council requested that that be vacated when the application came through and they agreed to do it, it's been approved through ACRD, and so this is just to confirm all of that. Zaremba: Does that affect the property on the southeast comer of Jericho and Chinden? De Weerd: They have made all the appropriate connections. Zaremba: Okay. Thank you. Sorry I wasn't up to speed on that. De Weerd: You were Planning and Zoning. This happened at Council at the time. Zaremba: Well, that's a good excuse. Thank you. De Weerd: Anytime. Okay. Anything further, Council? Rountree: Madam Mayor, I had a question for Anna. On the six foot masonry fence, that's on top of a berm, is it not? Because six foot is not sufficient to do much for noise. Canning: The way the standard reads is on top of a berm. I can pull the file and verify it if you'd like me to. Rountree: Well, my recollection in driving out there is there is a berm anyway, so I just wanted to make sure. De Weerd: Actually, Councilman Rountree, it is constructed already. Rountree: Okay. I thought I saw it there. De Weerd: Okay. Anything further? Okay. Council, do I have a recommendation? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 10, MFP 07-004. Zaremba: Second. ~ ~ Meridian City Council July 3, 2007 Page 8 of 28 De Weerd: Okay. I have a motion and a second on Item 10 to approve. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from June 5, 2007: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: Item 12: Continued Public Hearing from June 5, 2007: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: Item 13: Continued Public Hearing from June 5, 2007: VAR 07-008 Request for a Variance to UDC 11-6C-3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -Southeast Comer of Franklin Road and Touchmark Way: Item 14: Continued Public Hearing from June 5, 2007: MI 07-006 Request for a Miscellaneous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: De Weerd: Thank you. Items 11, 12, 13 and 14 have been requested to be continued to July 17th. Rountree: Are you going to open them? Bird: Madam Mayor? De Weerd: I opened them last week. Yes, Mr. Bird. Bird: I move we continue PP 07-009, CUP 07-008, VAR 07-008, and MI 07-006 to July 17th, 2007. Rountree: Second. ~ ~ Meridian City Council July 3, 2007 Page 9 of 28 De Weerd: Okay. I have a motion and a second to continue Items 11 through 14 to July 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Continued Public hlearing from June 19, 2007: MI 07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gatewav Marketplace by Landmark Development Group - 3205 East Ustick Road: De Weerd: Okay. I will open up Item 15. It's a continued Public Hearing on MI 07-008, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gateway Marketplace DA modification. The applicant requests -- well, just to refresh your memory, the Gateway Marketplace is located on the southeast comer of Eagle and Ustick. Here is their proposed site plan. The applicant requests to modify their DA to remove the requirement for all future uses on the site to obtain conditional use approval. When the property was annexed there was not a specific development plan proposed, it was only conceptual, and at that time the Council placed a requirement to have a detailed conditional use approval come in for each use. Because of this -- I'm sorry. Since that time Council has approved a preliminary plat that outlines the building locations as shown here. You have discussed the access points to Eagle Road and you have discussed utilities, landscaping, and you will discuss landscaping even farther immediately after this one. The applicant feels that because of this the CU should no longer be required. The applicant is required to submit a design review application along with each certificate of zoning compliance. So, normally, the --only the properties immediately adjoining Eagle Road would be required to submit for design review, but through the course of this project that requirement has been placed on all the buildings. Furthermore, since approval of the Gateway Marketplace preliminary plat, there are conditions in the DA that are now outdated due to the subsequent approvals or requirements that I have talked about. More specifically, the applicant is requesting to update the DA to reflect approved access point on Eagle Road and the location of the frontage road, which will be the extension of Allys Way. Staff was supportive of the modifications requested by the applicant. We do feel there are enough safeguards in place to get the type and quality of development that Council is looking for. I know that there are some concerns about the drive aisle lengths in getting safe access. We haven't specifically looked at the parking lot layout yet. There hasn't been a certificate of zoning compliance come in, but we will look for those pedestrian connections as part of design review at that time. We have had no additional written testimony since the staff report and to our knowledge there are no outstanding issues before City Council. I will answer any questions you may have. De Weerd: Council, any questions? ~ ~ Meridian City Council July 3, 2007 Page 10 of 28 Rountree: I have none. Zaremba: Surprisingly I have none. De Weerd: Wow. Zaremba: I tried to think of some, but I couldn't. De Weerd: Is the applicant here? I was just waiting for you, Councilman Zaremba. Zaremba: Thank you. De Weerd: Good evening. Thompson: Good evening, Madam Mayor, Members of the Council. Tamara Thompson, Landmark Development Group, 2462 Sunshine Drive in Boise. We have read the staff report and agree with staffs recommendation. I just have a few comments and on page six at the end of section eight they put a -- staff put a note in bold there talking about not eliminating the - in the original development agreement in 2004 there were a bunch of Comprehensive Plan policies and specific requirements from ACHD, Meridian fire department, and the Idaho Transportation Department, and are new -- for the preliminary plat and for the variance there is new conditions from each of those agencies and some of them are confusing and contrary. So, I wanted to clean those up, but I'm okay with not, just eliminating them wholeheartedly, if we can at least clean up that if there is a conflict that the most recent rules, something like that. If -- if we could -- and maybe that's implicit, but it just seems like there could be some areas where there is some conflict. And I'm sure you all want to get out of here early, but I'd be happy to give you an update on everything if you'd like or just leave that for another time. De Weerd: An update on everything. Rountree: Yeah, you kind of opened yourself up for that one. De Weerd: Now you have our curiosity. Thompson: Well, I just thought you might like to know timing on where things are. If you want me to continue I will. De Weerd: Uh-huh. Thompson: Una Mas, which is the property to the east of us, has entered into a development agreement with ACRD and they have gone out to bid, those bids have been accepted, and I have talked to their contractor, which is going to be American Paving, and they are planning on starting in the next week to construct that backage road. We have a side agreement with them where we are paying our share of that road Meridian City Council July 3, 2007 Page 11 of 28 to Una Mas directly and we are not part of the development agreement that they have with ACHD. So, that road is going to be going in shortly. Unfortunately, it dead ends at the quarter mile point. It's not -- it doesn't go any further there, because that runs into the Redfeather -- where Redfeather is down below there. So, this all -- with the development agreement Una Mas is acquiring the surplus property that ACRD has here, so they are -- they are building the road and part of that they have where they have acquired the surplus property and, then, there is all their property here. So, that road will come down to that point at this time. As far as the rest of what we have going on here, we have two ownerships, Jim Kissler with Norco has the five and a half acres at the bottom and, then, another development group out of Scottsdale, Arizona, has the northern balance and you will see me again next Tuesday for the final plats on both of those. Since we have two ownerships, we are going to come back with phase one and phrase two, but you're going to see them at the same time. But we just didn't want one to hold up the other and that kind of thing. So, you will see the specific plans on these next week and we are currently -- well, actually, on Thursday we will start going out to bid and our site work, infrastructure, underground utilities, the storm drain, all that kind of stuff, and landscaping, perimeter landscaping, is going out to bid on Thursday and we hope that we will obtain a permit the first part of August and we will get started immediately. De Weerd: Okay. Any questions, Council? and we are right now considering Item 15. like to provide testimony on this application? Canning: No, ma'am. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Thank you. Okay. This is a Public Hearing Is there anyone from the public who would Okay. Anna, any additional information? Rountree: A question for Anna. With respect to Tamara's question about confusion between DA requirements and, then, requirements that have come subsequent to that, do the most current prevail? Does that put you in a situation where you have to balance the previous and the new and -- how do we work through that? Canning: Madam Mayor, Members of the Council, Councilmember Rountree, I thought Tamara's suggestion was actually good that we have the more recent one override any that might have conflicted before, because when the original one went through we really had just a bubble diagram and there weren't very specific comments and we do run into a problem sometimes where a more generic one will make it confusing as to what to do with the newer comments. Rountree: So, help me if that's a policy direction we want to go or is that convenient for this particular application? ~ ~ Meridian City Council July 3, 2007 Page 12 of 28 Canning: Madam Mayor, Members of the Council, Councilmember Rountree, you approved one bubble diagram for this and vowed that you would never approve a bubble diagram again and I will hold you to that, so I think that this is an unusual circumstance, because we had so little specificity as to what was going in that -- we don't run into this problem often. Rountree: Let's hope. De Weerd: Anna, I guess I have a question. If we remove the CUP requirement, I guess do you feel comfortable for a staff level review? I have growing concerns about intemal circulation in parking lots and I know I have kind of talked to you briefly about that, but do you feel comfortable by eliminating this that you will be able to assure a staff level review of how that circulation would be that cars don't back out into the circulation pattem and that sort of thing? Canning: Madam Mayor, Members of the Council, it -- the code gives me a little bit of teeth on any application. It says that circulation pattem has to make sense and be safe and reasonable. So, regardless of if there is a Conditional Use Permit, I have some ability to work with the applicant to come up with a good parking lot design. The design review standards actually have quite a bit with regard to pedestrian connections from the streets and to the buildings that gives us more tools to get pedestrian safe access. If -- I don't have a way of saying you have to have a drive aisle with no parking on it. If that's the direction Mayor and Council want to move on larger projects, I could start implementing it at a policy level, but we should probably also look at making a code change sometime in the future. De Weerd: Well, we have some great examples of poorly designed parking lots and it is private property, so it doesn't take police resources to address the accidents that happen, but I guess as we encourage pedestrian connectivity from one pad to another, those are issues as they relate to public safety and so it is a concern of mine and we can look at it at a policy level, but I guess that is one thing that a CUP somewhat provides is that opportunity to see what that intemal circulation is going to look like. Canning: Madam Mayor, Members of the Council, perhaps you could -- because this is a development agreement, you could ask the applicant to bring just the intemal circulation and parking to the Commission for their review. What we find on the individual CUs is that it's very difficult to address the site as a whole, because they are coming in a piece at a time and we don't see the full site plan. So, that might be an option. Or to have the applicant -- the applicant could even do a certificate of zoning compliance for the parking lot and we could attach that approved site plan to the development agreement if we wanted to maybe hold up the development agreement for a week or so, might be something to ask the applicant about that. De Weerd: I will ask Tamara for her feedback, but I do think it is something that we have to have a more detailed look at in the size of projects in front of us that we make sure they meet that -- CJ Meridian City Council July 3, 2007 Page 13 of 28 Canning: And I'll make sure Will adds that to his list of design review items. De Weerd: Oh, thank you, Will, for being here. Council, any further discussion? Rountree: I have none. De Weerd: Okay. Thompson: Anna, can you put up the site plan, please? De Weerd: If you will, please, restate your name for the record. Thompson: I'm song. Tamara Thompson, Landmark Development Group. You will see a detailed site plan next week with the final plat and I think we can get you comfortable at that point, but we definitely had requirements in our preliminary plat for different drive aisles that couldn't have backup movement into them and those specifically were in this area right here we couldn't have any cars backing up. This whole drive aisle there, no cars backing up, and, then, let's see, we have in this area -- from this entrance here going forward, this whole area, and here to get to there and the same thing -- we have a few right there, but, then, the rest of it in this area, which we could -- we could look at that if that looks problematic to you, but we definitely have this getting out to here and, then, we have -- we have cross-access with Una Mas to get to Allys Way to get to the traffic signal also, which is why these connection points -- well, this one specifically was to not have any backup traffic into that. So, we do have some areas where -- where those were conditions in the preliminary plat and you will see those next week with the final plat, but -- I mean we will work with staff on that intemal -- we have a whole intemal pedestrian plan also that I think staff and Council will be very happy with and I'd just like to not have to come back for every single little building. It seems like that would be piecemealing it where we can look at it more as a project whole. De Weerd: Well, I'm not opposed to decreasing layers, I just wanted to know where the appropriate common place is and in making sure that the parking lots we get don't have a drive-thru exit right by a stop sign and, you know, that you have to back up to go around a center island, because it's right in the middle where you're supposed to get out onto a road and it just amazes me. I have a camera, I take it everywhere, to start taking pictures of all the dump things that have been done, but I think you get my point. Thompson: I do. And I can appreciate that and we -- this particular owner doesn't sell, he retains ownership, so he's very concerned with the operations at the center. De Weerd: Okay. Well, we look forward to seeing the final plat. Thompson: Thank you. ~ ~ Meridian City Council July 3, 2007 Page 14 of 28 De Weerd: Okay. Anything else, Council? Canning: Madam Mayor, I need to comment that we do not look at the internal circulation on the final plat, we only look at perimeter landscaping with the final plat. So, if Council wants to have staff evaluate that, we need to have Mrs. Thompson do a certificate of zoning compliance for the parking lot. De Weerd: Okay. But that's still a staff level review. Canning: Yes. De Weerd: Okay. Mr. Rountree. Rountree: No. That was my only comment. So, I think we have taken care of it. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, kind of a sideways subject, I guess, but since we have somebody to consider design guidelines now -- this is great. This particular project I remember discussing at the Planning and Zoning Commission -- with a major entryway to not only this project, but Una Mas, which is east of it, there will be quite bit of traffic viewing the backs of these buildings and I don't remember the resolution, but at Planning and Zoning Commission there was quite a bit of discussion about dressing up the backs of the buildings, which may, in fact, be what you see from the front of some of the Una Mas's buildings and I realize that isn't the issue tonight, but since we are talking about this project and it is the one that brought to that mind at Planning and Zoning, I just wanted to ask that there be some design guidelines for the backs of buildings where the public is likely to be seeing it. A lot of times they are laid out so that people aren't really driving around the back, only the trucks do, but in this case the people accessing Una Mas in particular will be seeing the backs of these buildings. So, just a design guideline for those. Thanks. De Weerd: I guess I would ask the applicant to respond if that has been a detail that has been considered. Thompson: Tamara Thompson. Madam Mayor, Mr. Zaremba -Councilman Zaremba, those -- I believe there is specific requirements that the backs of the buildings had to have different color bands and we agreed that our truck docs would have screens on them, so that you couldn't just see, you know, the truck doc area if you were back there. One of the other things I want to talk to staff about is just how all this works. We think, you know, truck traffic is going to come here, so we are talking about potentially making this one way, so that cars coming in here won't come back that way. It's just not a safe movement when you have delivery trucks and pedestrian cars. So, we are looking at putting, you know, like a no entrance thing there where it comes in and comes this way and the same thing here where we keep them out of the backside where this is a one Meridian City Council July 3, 2007 Page 15 of 28 C7 way. But, yes, just to answer your question. I believe those are conditions that if they are not, they are definitely in the testimony that we agreed to those types of conditions. Zaremba: Thank you. De Weerd: Probably definitely another reason for CZCs on internal circulation. Okay. If there is nothing further from Council, I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing for Item No. 15. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Baird. Baird: Madam Mayor, before you move onto the next number of items, I wanted to mention that we spoke with the planning director and it's going to be our recommendation that you open the public hearings for each of the three variances together, since they all have the same factual basis, and take testimony and, then, close the hearing and, then, take individual votes on each one. De Weerd: Okay. Baird: I thought I'd jump in before you move to open any further hearings. De Weerd: Well, I won't get to do that until they give me a motion on -- Baird: I'm one step ahead of you. My apologies. Rountree: That's all right. Baird: My apologies. Rountree: You have to be one step ahead of this group. De Weerd: Okay. Council? Meridian City Council July 3, 2007 Page 16 of 28 ~~ Rountree: Madam Mayor, Iwould -- I move to approve Item 15, MI 07-008, with staffs comments specific to the DA and as a result of approving the request, require a CZC for internal traffic circulation of the applicant. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and two seconds. Any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Continued Public Dearing from June 19, 2007: VAR 07-010 Request for a Variance to landscape the surplus right-of--way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketulace by Landmark Development Group - 3205 East Ustick Road: Item 17: Continued Public Flearing from June 19, 2007: VAR 07-011 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Road towards the landscape street buffer width in the C-G zone for Sadie Creek Promenade Eagle Road Landscaaina by Landmark Development Group -Southwest Comer of Eagle Road and Ustick Road (Sadie Creek Subdivision): Item 18: Continued Public Flearing from June 19, 2007: VAR 07-012 Request for a Variance to UDC 11-3B-7C2 to count existing right-of--way for Eagle Road towards the landscape street buffer width in the C-G zone for Bienville Square Eagle Road Landscauing by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): De Weerd: Thank you. Items 16, 17 and 18 are a continued Public Hearing from June 19th. I will open these three public hearings, VAR 07-010, VAR 07-011, and VAR 07- 012, with staff comments. Canning: Thank you, Madam Mayor, Members of the Council. Centrepointe Subdivision No. 1 and Centrepointe North were granted approval in June 2006 and March of 2006, respectively, for counting the adjacent ITD right of way for Eagle Road towards the landscape street buffer width. Those projects are located on the northwest comer of the intersection at Ustick and Eagle Roads. This general area. We now have -- oh. The landscape buffer was approved at 20 feet on those two applications, with 15 or more being constructed within the ITD right of way. We now have similar requests Meridian City Council July 3, 2007 Page 17 of 28 from Gateway Marketplace, Sadie Creek Promenade and Bienville Square for similar reduction to the landscape buffer along Eagle Road. Again, each applicant is proposing a minimum of 20 feet of landscaping, with the remainder varying depending on the additional right of way within ITD. I'm going to address all three variances, because as stated by Mr. Baird, they do all have the same factual background to them, so rather than to repeat it three times tonight, we are doing it this way, and I appreciate you letting me do it this way. Thank you. With regard to the first finding that Council makes -- needs to make, it states that the variance shall not grant a right or special privilege that is not otherwise allowed in the district. The applicants are requesting to provide at least 20 feet, as I said previously, with the remainder provided within the ITD right of way. In all cases this is at least a minimum of 15 feet. All the applicants propose to also install and maintain the portion of the landscaping within the right of way. Staff believes that the intent of the buffer requirement will be served if the applicant landscapes the unused portion of ITD right of way, in addition to providing some of their own. Further, the width of the landscape buffer provided will actually exceed the normally required, if they are using surplus right of way. So, staff is generally supportive of these requests and believes that a special privilege will not be granted to the applicant by granting these variance requests. The second finding that Council needs to make is that the variance relieves an undue hardship because of characteristics of the site. When ITD purchased the right of way from the subject applicants, staff believes that ITD envisioned Eagle Road being wider than five lanes, but that is what is currently planned for the area with the Eagle Road corridor plan. To insure that the subject property owners are not burdened with maintaining and enhancing the surplus right of way after ITD completes the Eagle Road improvements, staff recommends approval of the subject variance. So, this is an unusual circumstance in that generally the highway district or ITD does not acquire additional right of way that they feel that they will no longer be using. The third finding that Council needs to make is that the variance shall not be detrimental to the public health, safety, and welfare. And staff couldn't find -- or staff finds that allowing the landscape street buffer variances on Eagle Road would not be detrimental to the public, health, safety and welfare. It still provides the same cross-section that's envisioned by the Eagle Road corridor plan, it just gets it landscaped and maintained. So, in each of these variance requests staff did -- is recommending approval and they added the following provisions to each of the applications: That the applicant would meet all terms and conditions of previous approvals; that the applicant provide the minimum 20 foot wide landscape buffer, and that they depict that somehow on the final plat, whether it be in a lot or in an easement; that the applicant obtain approval from ITD to landscape the surplus right of way for Eagle Road; that the landscape materials shall be generally installed as shown on their respect landscape plans and that they all be in compliance with the UDC and that the applicant shall be responsibility for constructing a ten foot wide multi-use pathway within a public use easement and that pathway needs to be constructed within the boundary of the property, not within ITD's right of way. So, moving on, to the particular requests. The first one on the agenda is Gateway Marketplace and, as mentioned previously, this is located on the southeast comer of Eagle and Ustick. The variance is for the 35 foot wide landscape buffer to be reduced down to 20 feet and also that the landscape buffer along the street be located at the subdivision boundary within a common lot or permanent easement. The applicant -- as Meridian City Council July 3, 2007 Page 18 of 28 • stated before, staff has recommended approval. There has been no written testimony since the staff report and to our knowledge there are no outstanding issues before Council. The next project is Sadie Creek Promenade. It's located on the southwest comer of Ustick and Eagle and, again, the applicant is requesting a variance to the 35 foot wide landscape buffer along this road and that the -- and that that landscape buffer be shown on a common lot or an easement. Staff is recommending approval and there has been no additional written testimony since the staff report and to our knowledge there are no outstanding issues before Council. The third request is for Bienville Square. It is located on the southwest comer of Ustick and Eagle, just south of Sadie Creek. Again, the proposed development is to reduce the 35 foot wide landscape buffer and to have that shown on a lot or an easement. Staff is recommending approval. There has been no additional testimony since staff wrote the staff report and to our knowledge there are no outstanding issues before City Council. And that ends my presentation and I will answer any questions you may have. I was behind on my slide show. I'm sorry. De Weerd: Yeah. I guess I just thought Bienville was the southern one and Sadie Creek was the northern one. Canning: Yes. De Weerd: Okay. Canning: I have it wrong in my notes. I said Bienville Square twice. De Weerd: I thought, wow, I really missed something here. Okay. Council, any questions of staff? Bird: I have none. Rountree: None at this time. De Weerd: Okay. I know Tamara represents two of these applications. Would you like to provide comment? Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development Group, 2462 Sunshine Drive in Boise. We have -- I just want to be clear that I do represent Gateway Marketplace and Sadie Creek Promenade, but I do not represent Bienville. We have read the staff report and I agree with the Findings and we just -- I do have some exhibits that show everything out there I could pass out to you, if you'd like. Actually, let me just do that. Canning: I can do it if you want me to. De Weerd: You read my mind. ~ ~ Meridian City Council July 3, 2007 Page 19 of 28 Thompson: So, these lines are pretty faint. If you look at the Gateway Marketplace, you can see where the -- where the hatched-in area is, it's -- that's the 20 foot right of way and, then, the darker line is the sidewalk. We are going to have to move that. So, that's all within the 20 foot area. And, then, you can see the edge of pavement and clear down here at the very lower part -- De Weerd: Tamara, if you want to use the pointer. We haven't got it up yet. Thompson: I have this, actually, I can give her, if you want to put it up there, but the lower part here at this location, it's 26 feet is ITD has surplus at the lower -- the southern part and, then, up by the intersection it's 16 feet. So, we are between 36 and 46 feet and is what the landscaping is going to look like in that area. De Weerd: What I would like if I could get this up, so that the public can see what you're pointing at. All right. Thompson: Okay. De Weerd: We had a learning session, so Anna could perform this during City Council meetings. Thompson: So, it doesn't show up as well here, which is why I gave you the handout also, but you can see this very faint line on the edge, that is, actually, the edge of the pavement and the curb and in this area right here it's 26 feet for this project and up at the intersection it's 16 feet. And, then, on the other side of the road it's at least 16 feet and I believe it goes from 16 to 20 -- 20 feet on this side of the road. So, the minimum you're going to have is 36 feet of landscaping, maximum is 46 feet, and the requirement is 35 feet. And I will answer any questions or -- thank you very much. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Tamara, I think this is for you. Rountree: This is for you. You indicated some measurements with respect to surplus right of way and I don't see anything in the record or in your application from ITD indicating that -- that that, in fact, is the case. Have you had correspondence with them and worked with them based on their most recent plans and designs for Eagle Road that actually should be complete or near complete? Thompson: Madam Mayor, Councilman Rountree, yes, I have. We just finished the off- site improvements on Eagle Road. If you go out there, you know, that is done and so we know exactly what's there from where our property line is to where the edge of ~ ~ Meridian City Council July 3, 2007 Page 20 of 28 pavement is on -- I'm sorry, on the Gateway Marketplace side, because we just finished construction there and I have talked with Kevin Sublon about landscaping that area and he said that that is -- that's fine, we have to just submit for a right of way permit. Does that answer your question? Rountree: Madam Mayor. I guess my concern is that I -- I know they have an ultimate design and I'm not opposed to what you're asking, but I would hate to see it done only to -- hopefully within the next two or three years see the project out there that would require a portion, if not all of it, to be taken out, because of widening, median, changes, and that sort of thing. But you have included some turn lanes, as I recall -- both left and right turning movements have been accommodated with additional width, as I recall. Thompson: Yes. Madam Mayor, Councilman Rountree, that's correct. We have accommodated all of the -- for the two access points that we were given to Gateway Marketplace, we have accommodated for the deceleration lanes already and acceleration lanes, so those are already out of what you're seeing here. So, that 16 up to 26 feet is beyond that and the future -- right now they are telling me there aren't future plans to widen that. They won't guarantee that it will never happen, but they said that they don't have plans at this time. Rountree: Thank you. Thompson: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Anna. If we do move forward with this variance -- and we don't know, because we have nothing in the record or no indication from ITD that they will go ahead work through this process and allow the use of the right of way -- we have some verbal agreements, apparently. If they choose not, are we getting into a situation where the developer, then, pits the City of Meridian against the state orvice-versa. It seems to me we ought to be hand in hand in this thing. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, one of our requirements is that the applicant obtain approval from ITD to landscape the surplus right of way for Eagle Road. So, if they fail to meet that condition, basically, the variance goes away. Rountree: I understand. I have got it right here. But is that, then, a lever for the applicant to say, well, the City of Meridian said it's okay, but they want you to approve it, but they said it was okay. If we don't have anything at this hearing from them, which is unfortunate -- and I'm sure they were given an opportunity to comment, and if that is the case and they chose not to comment, I guess that's their issue. Meridian City Council July 3, 2007 Page 21 of 28 Canning: Madam Mayor, Councilmember Rountree, to be truthful, my recollection is that through the CentrePoint project it wasn't a problem and I believe that was already completed. If we had thought it was going to be an issue, we would have tried a little harder to get them to provide comment. We just saw it as -- as perhaps a relief to them that they are not responsible for landscaping and maintaining a portion of the right of way. So, we didn't pursue a lot of comment from them, but I don't think it was an issue. If you know otherwise, please, let me know, but -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: Stranger things have happened. But I guess if you or Will can confirm that they were notified and had an opportunity to comment, then, I'm okay. De Weerd: In the interim does the other applicant have comment? Haggett: Madam Mayor and Council, Rob Haggett with Red Cliff Development, 3451 Copperpoint Drive. No additional comments. I think we have covered pretty much everything. I can answer any questions you may have at this time. Our final plat was approved previously. The landscape plan -- that final plat I believe did show this additional right of way and, if not, we will be amending that. Update it. De Weerd: We approved the final plat without a variance? Hum. We might have done that? She wasn't listening. Canning: No. I was. Was that a question? De Weerd: Exactly. I would like to say we didn't approve a plat with this variance noted on it, but I couldn't say that with complete confidence. And I guess if we did -- or if we didn't, they would need to come in for a modification? Canning: Yes, ma'am. What I suspect happened is that the -- we put a requirement on there that they provide the full right of way prior to signature or obtain a variance, but I can check once I get back to the office, but that is, really, the only thing that staff is looking at on those final plat applications. My staff -- all they look for is the landscape buffer, so -- and some other little things. But that's the big one. So, I doubt we missed it. Haggett: I'll answer any questions. De Weerd: Thank you, Rob. Any questions? Haggett: Thank you. • Meridian City Council July 3, 2007 Page 22 of 28 De Weerd: This is a Public Hearing testimony on this application? Tamara? Is there anyone who would like to provide Thompson: Madam Mayor, Tamara Thompson again. I just wanted to mention one thing -- and I don't have a copy of it, but I do know that -- I don't have a copy of it with me, but my -- the staff report for our final plat is written as if the variance isn't approved, so it does talk about the 35 feet and that kind of stuff. And I did look at Bienville's also and theirs says the same thing, just to kind of clear that up. But I don't have a copy of it. But I believe that theirs was approved with the 35 foot on site and so they would need to resubmit. Then, I also wanted to add just to put it on the record that if we are denied a permit from ITD, we wouldn't do the landscaping at that point, because we know that, you know, they have jurisdiction over -- over that and it's their right of way, so they have ultimate say on that. De Weerd: Okay. Rountree: Thank you. De Weerd: If there is no further public testimony, we will wait for the response from staff. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In the pause, I guess I would throw in some musings, I guess, I'll call them, but probably nothing that everybody's thought of already, but Eagle Road as an entryway corridor, our normal requirement would be 35 feet of landscaping. I appreciate the fact that we are not also going to have 15 feet -- if we approve these variances we would not, in addition to 35 feet of landscaping, have 15 more feet of un- landscaped right of way. I'm quite certain that ITD does not landscape surplus right of way. I guess the only hesitation I have is, though, Eagle Road, being the only street -- north-south street with a river crossing, railroad crossing, and access to the interstate for some distance either east or west and for some time well into the future, it will continue to be the only road that has that. I'm concerned that at some point ITD may come to us with a similar presentation, as they had on Chinden a couple of months ago, saying, oh, this is going to be bigger than we thought and, essentially, what we are doing by approving 20 feet of landscaping, plus an additional 15 or more within the right of way, is saying that at some point, whether it's ashort-term or whether it's 20 or 50 years from now, Meridian will actually be satisfied with 20 feet of landscape on an entryway corridor, because I cannot possibly see that there will never be a time -- whether or not they make it a seven lane facility or a five lane with urban style interchanges, I think that will get used sometimes. So, essentially, what we are saying is we appreciate that it will not be bare ground now, but we are agreeing that eventually it will only be 20 feet of landscaping. I'm just commenting on that for the record. ~ ~ Meridian City Council July 3, 2007 Page 23 of 28 De Weerd: That's what would they agreed to. Canning: Madam Mayor, Members of the Council, to add to that thought, we have required that all the trees be within the 20 feet, so that in the eventuality that ITD does need that additional right of way, at least we won't lose the trees, if they just take their own right of way back. Rountree: Madam Mayor, along those musings, given the time line that you project, I think you're pretty optimistic, but even that being the case, in 20, 30 years, the landscaping that will be in the 20 foot area will be mature, which will have the affect of much more visual, as well as buffering than what the 35 foot would be for the first say ten to 15 years. So, I think we -- didn't address that on those previous two, but there was some talk about the idea that long term you'd probably have a significant benefit, even with 20 feet. In 50 years you might be looking at two or three different landscapings, too. You don't know what's going to happen with water and infrastructure and all that sort of thing, so -- so, do we know if ITD was notified at this point? Canning: No, sir, we don't know. We can -- I'll let Will talk. Berg: Madam Mayor, Councilman Rountree, we have our transmittal in our packet and I can only assume that it went out to all the agencies. I looked through some of the other applications. (received aNampa-Meridian Irrigation District comment on the variance for Gateway Marketplace. So, I can only assume that we went through the whole list and sent them out to the agencies, other than what is marked for final plat and preliminary plats that are special designations. We talked about to maybe changing them and do a check-off list a little bit better, so there is assurance that they did go out, but if we sent a transmittal out, we usually send them out to the list that's on that transmittal page. Rountree: And they are on the transmittal page? Berg: Yes, they are. Rountree: Okay. De Weerd: Okay. Anything further from Council? Rountree: I have none. De Weerd: Anything further from the applicant? No further public testimony. Staff, any comment? Canning: No, ma'am. De Weerd: Okay. Council, I would entertain a motion to close the Public Hearing on Items 16, 17, and 18. ~ ~ Meridian City Council July 3, 2007 Page 24 of 28 Zaremba: Move we close the public hearings on Items 16, 17 and 18. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 16, 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? We are going to entertain a motion one at a time, so 16, if you have discussion, we will start with that one. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve Variance 07-010. I guess that's all we need to say. Rountree: Staff comments. Zaremba: Yes. To include all of staff comments, of course. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 16, for the staff comments to detail out each variance item that they do need. Any discussion by Council? Rountree: I have none. De Weerd: Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Item 17. Zaremba: Madam Mayor, I move that we approve Variance 07-011, to include all staff comments. Rountree: Second. Meridian City Council July 3, 2007 Page 25 of 28 De Weerd: Okay. I have a motion and a second to approve Item 17. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 18. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Variance 07-012, to include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Public Hearing: IZZ 07-009 Request for a Rezone of 24.69 acres from I- L to C-G zone for Jabil Southeast by Joint School District No. 2 - 1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision): De Weerd: Thank you. Item 19 is a Public Hearing on RZ 07-009. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Jabil Southeast project. It's located at 1303 East Central Drive on the west side of Locust Grove Road, just near the overpass in the old Jabil building. And the application before you tonight is a rezone. The highlights of -the proposed development include a rezone of 24.69 acres and it's the remaining portion of Lot 1, Block 1, Jabil Subdivision. They'd like to zone it C-G. It's current zoning, as shown on the overhead projector, is I-L, industrial. The Comprehensive Plan land use map was amended on April 5th of 2007, to change the designation of this property from the industrial to commercial. The rezone request is consistent with that commercial designation and it will facilitate the adaptive reuse of the Jabil building as an educational facility for ISU and for the school district. We have some photos of the existing facility for you. The Commission recommended approval at their June 7th, 2007, Public Hearing. Ed Daniels, the applicant's representative, spoke in favor of the application. No one spoke in opposition or commented. Nor was there any written testimony included with the Public Hearing. There were no key issues of discussion by the Commission and no changes to staffs initial recommendation and to ~ ~ Meridian City Council July 3, 2007 Page 26 of 28 our knowledge there are no outstanding issues before City Council. With that I will answer any questions Council or Mayor may have. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none. Rountree: I have none. Zaremba: Not at this point. De Weerd: And would the applicant like to comment? Daniels: Madam Mayor, Members of the Council, Ed Daniels, 2785 Bogus Basin Road. I have no additional comments. We have read the staff report and we feel we can comply and I can certainly answer any questions should you have any. De Weerd: Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have one and I'm not certain whether I should be asking of the applicant or staff, but I'll ask it while you're here and we will see. And this is not actually a question about the rezone, because I'm very much in favor it, it's a question about the next step. I have been to a couple public presentations where it's been made public that the Meridian School District is selling a portion of the building to Idaho State University and I guess my question is does the building need to be replatted? Can it be sold in parts like that? Whose question is that? Daniels: Currently we have a short plat application in for the city to divide the property and the building out. De Weerd: Kind of in a condominium type of -- Daniels: Yes. So to speak. I don't know that we are doing a condo plat, it's more of a short plat. I'm not sure the differences in the two, but we are doing the short plat, not the condominium plat. Zaremba: Okay. So, there would be some recorded property split orsomething -- Daniels: Yes. i Meridian City Council July 3, 2007 Page 27 of 28 Zaremba: That was my question. De Weerd: Anna. • Canning: Madam Mayor, Members of the Council, they are doing a short plat, which is the same way you do a condo plat, but they are not condominiumizing. There is no setback requirements in the C-G, so they, basically, can have a building that comes right up to the property. They are making modifications to the structure to insure that they meet the building code standards for having a property line running through the middle of the building, so they will do a short plat, which is exactly the same as one of your final plats, except that it doesn't -- it only comes to City Council for approval on their Consent Agenda. It is not -- it does not go to the Planning and Zoning Commission. It's just a staff level review. It's, essentially, a lot split. Because this was a recorded subdivision, they had a lot in a recorded subdivision, they could do a split of that property. Zaremba: Good. Just wanted to make sure the future was possible. Thank you. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further comment, I'd move that we close the Public Hearing on Item 19. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. If there is no discussion, Council, I would entertain a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, RZ 05-009. Bird: Second. ~ ~ Meridian City Council July 3, 2007 Page 28 of 28 De Weerd: Okay. I have a motion and a second to approve Item 19. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Well, we are at the end of our agenda. We haven't set any records tonight, but -- Rountree: Close. De Weerd: -- we appreciate -- Bird: For you it's a record. De Weerd: That's because I was given time restrictions from Mr. Bird that we got out on time. I would entertain a motion to adjourn. Rountree: Madam Mayor, before I make that motion, again, I'd like to welcome our new staff to the City of Meridian. It's great to work with you and welcome new staff at the bench over there. Kyle and Tracy, it's good to see some new faces over there. Everybody must be on vacation. Thank you. Madam Mayor, I move that we adjourn. Bird: Second. De Weerd: We have a motion to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~` MAYOR T r' de WEERD ~ , Z~i 07 DATE APPROVED ,~~~~'"' ~"~~ ``'~~~, ATTESTED:d~~y--/y/°'" %f'~ WILLIAM G. BERG J ~~ °~a ~ ~' ~®i ~'® ~_ _ ~. ~ ~~ CL K ~ ~ June 26, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 19, 2007 City Council Regular Minutes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 26, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 RZ 07-008 APPLICANT Richard Brown and Roy Brown ITEM NO. 5-B REQUEST Findings for Denial -Request for a Rezone of approx. 4 acres from C-N zone to a C-C zone for Lots 1-5, Block 1 of the Comer at Vineyards Subdivision for Cherry YYood Village southwest comer of Cherry Lane and Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aPHached Findings /~- °" 1 Y Contacted: ~,ic~lr~~ } ~ ~'®~gp~ Date: ~-~~-®-l Phone: Emailed: ~91'~arl~(~ ~Cb~,,4~inr~ Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Mertdtan. • • BEFORE THE MERIDIAN CITY COUNCIL C/C 06/19/07 IN THE MATTER OF THE REQUEST FOR RE-ZONING OF 4.05 ACRES FROM C-N TO C-C FOR CHERRY WOOD VII.,LAGE BY Case No. RZ 07-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL RICHARD BROWN AND ROY BROWN APPLICANT The above entitled annexation and zoning application having come on for public hearing on June 19, 2007, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department and Richard Brown of #234 South 600 East, Ste. 7, Salt Lake City, Utah 84102, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for June 19, 2007, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the properly under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on June 19, 2007, public hearing; and the applicant, affected FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CHERRY WOOD VILLAGE; CASE NO. RZ 07-008 PAGE 1 OF 4 property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and § 11-SA, Municipal Code of the City of Meridian. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 4.05 acres in size and is generally located at 1605, 1663, 1701, 1739, 1785, and 1835 Cherry Lane Meridian, Idaho, Lots 1-5, Block 1, Corner at Vineyards Subdivision, in Section 11 Township 3 North, Range 1 West, Boise Meridian, Ada County,. Richard Brown, whose address is #24 South 600 East, Ste. 7, Salt Lake City, Utah, 84102 and Roy Brown, whose address is P. 0.464, Nampa, Idaho 83653, are the current property owners and applicants. 6. The subject property is currently zoned C-N (Neighborhood Business District). 7. The Applicant requests the property be zoned C-C (Community Business District). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: Retail Sales and Service of Motor Scooters/Recreational Vehicles. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CHERRY WOOD VILLAGE; CASE NO. RZ 07-008 PAGE 2 OF 4 • 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Neighborhood Business. CONCLUSIONS OF LAW The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-SB-3 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for re-zoning is denied for the following reasons: The current zone is compatible with the current neighborhood and that the area has not changed significantly to warrant a zoning change. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CHERRY WOOD VILLAGE; CASE NO. RZ 07-008 PAGE30F4 • 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. /tiol By action of the City Council at its regular meeting held on the ~'~day of July, 2007. ROLL CALL: COUNCILMAN DAVID ZAREMBA COUNCILMAN JOE BORTON VOTED --~~ VOTED COUNCILMAN CHARLIE ROUNTREE VOTED __~~G~ COUNCILMAN KEITH BIRD VOTED __~~~u-- MAYORTAMMY de WEERD (TIE BREAKER) VOTED DATED: ~ ~ ~ ~~ MOTION: APPROVED: _~ DISAPPROVED: MAYO de WEERD \~tttt111Bi11/ft//f ATTEST: a\\a\,,~~~ ~~~`~~~~~A~,do®' ~~' ~~~ ~~~~ CITY CLERK = ~,~ i4. , :a ~ ~~~ ,~~ Copy served upon Applicant, the~,l" ~d"Zc~ifl~~~epartment, ~Q CityAtto ey. si~~''~fr„rll~~,t~lt```t~,~~ By: Dated: ~ ' S, G~1 Ity Clerk's Office Public Works Department, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL CHERRY WOOD VII.LAGE; CASE NO. RZ 07-008 l~ati..~ PAGE 4 OF 4 June 26, 2007 CUP 07-007 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT Richard Brown and Roy Brown ITEM NO. 5-C REQUEST Findings for Denial -Request for a CUP to allow retail sale and service of motor scooters within the C-C zone district on Lot 3, Block 1 of the Comer at vineyards Subdivision for Cherry Wood Village -southwest Comer of Cherry Lane and Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached Findings 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 Ctiy of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C 06/19/07 1N THE MATTER OF THE REQUEST FOR CONDITONAL USE PERMIT TO ALLOW RETAIL SALE AND SERVICING OF MOTOR SCOOTERS/RECREATIONAL VEHICLES WITHIN THE PROPOSED C-C DISTRICT Case No. CUP 07-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL BY RICHARD BROWN & ROY BROWN APPLICANT The above entitled matter having come on for public hearing before the City Council on June 19, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. RZ-07-008, and the hearing was opened on the conditional use permit application and Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department and Richard Brown, #24 South 600 East, Ste 7, Salt Lake City, Utah 84102, appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in Case No. RZ-07-008 does hereby deny the application for Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDTfIONAL USE PERMTI' FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008 PAGE 1 OF 3 FINDINGS OF FACT ~J It is found that the Recommendation to City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the conditional use permit due to the denial of the annexation and zoning in Case No. RZ-07-008. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 11-SA-6 and based upon the above and foregoing Findings of Fact which are herein adopted. IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. RZ-07-008 the Council does hereby deny the application for conditional use permit approval. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code §67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008 PAGE 2 OF 3 ~~ • 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 July, 2007. MAYOR T de WEERD \ \\`1tt11fltlill/!i// ATTEST: \.~` ~°~ ~ °°s, ~~. °/r~ ~° ~~ - CITY CLERK ~; .~ ~ ~~ ,' rye. - Q~ , iJtttl I6IOB40 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By. ~~ Dated: ~'CJ`~~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CHERRY WOOD VILLAGE; CASE NO. CUP-07-008 PAGE30F3 June 26, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT ITEM NO. S-D REQUEST Water Main Easement Agreement for Hasting Subdivision by Monterey, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. Memo ~~~~~~~~ To: Mayor De Weerd ~ City Council From: Karie Glenn CC: File Date: 6/25/2007 Re: Proposed Agenda Items for 7/3/07 City Council Meeting u ~a ~ ~ X007 pity Of ~eridia~ ~it~ clerk Office The Public Works Department respectfully requests that the following items be placed on the 7/3/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easements for Hasting Subdivision by Monterey LLC. These are 3 additional easements for the commercial lots within the Hasting Subdivision. Recommended Council Action: Approve the Water Main Easements for Hasting Subdivision by Monterey LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this ____ day of . 20 between Monterey LLC. the parties of the fast part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received bythe Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which ties within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN hastings commercial.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ '~' \ day of q-LU'L4. . 20~ ~" before me the undersigned, a Notary Pubiic in and for said State, personably appeared i \\ ~ f,~'~"~ and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fief ahnvP writtan .~.y., a;;:.~T~~~,~rs - r , - _ c ~~ ~ , ~, '• ~Q. ... ~ _. ~ _ pA m ~~SEAL) ~ . Q ... r^ P s. W ..,. ~: A _., 3 '. , 0 n of t~ s .` .. G ~ yd ~ a pf r. ~ ~a;:,, . ~.~r~ °L'~`~ult ~~~'~ L ~ ~ ~~ NOTARY PU$LIC FQR ID O Residing at ~`~[ {X l (~ l O,.V~ [ Commission Expires: I\ - I y-- "Lp ~ ~ Water Main Easement EASMT WTR MAIN hastings_commercial.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, .1R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR MAIN hastings_commerciai.doc ~ ~ Engineering North West, ~c 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 07-014-01 Date: June 19, 2007 HASTINGS COMMERCIAL WATER EASEMENT DESCRIPTIONS Easement No. l An easement located in Lots 1 and 2, Block 1 of Hastings Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R 1 W.; Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 1, Block 1 of said Hastings Subdivision No. 1; Thence South 45°07'51" East, 116.98 feet to the REAL POINT OF BEGINNING; Thence South 89°38'20" East, 24.58 feet; Thence South 00°21'40" West, 25.56 feet; Thence North 89°38'20" West, 24.58 feet; Thence North 00°21'40" East, 25.56 feet to the real point of beginning. Easement No. 2 An easement located in Lot 3, Block 1 of Hastings Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Hastings Commercial Water Easement Desc.doc Page 1 of 3 ~ ~ Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 1, Block 1 of said Hastings Subdivision No. 1; Thence South 89°38'20" East, 220.00 feet to the northeast corner of Lot 3, Block 1 of said Hastings Subdivision No. 2; Thence South 33°05'20" West, 143.35 feet to the REAL POINT OF BEGINNING; Thence South 89°38'20" East, 26.44 feet; Thence .South 00°21'40" West, 25.56 feet; Thence North 89°38'20" West, 26.44 feet; Thence North 00°21'40" East, 25.56 feet to the real point of beginning. Easement No. 3 An easement located in Lot 7, Block 1 of Hastings Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12284 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest comer of Lot 1, Block 1 of Hastings Subdivision No. 1; Thence South 89°38'20" East, 440.00 feet to the northeast corner of Lot 7, Block 1 of said Hastings Subdivision No. 2; Thence South 52°52'43" West, 108.46 feet to the REAL POINT OF BEGINNING; Thence South 00°21'40" West, 24.47 feet; Thence North 89°38'20" West, 26.43 feet; Hastings Commercial Water Easement Desc.doc Page 2 of 3 Thence North 00°21'40" East, 24.47 feet; Thence South 89°38'20" East, 26.43 feet to the real point of beginning. PREPARED BY: Engineering Northwest, LLC James R Washburn, PLS Hastings Commercial Water Easement Desc.doc Page 3 of 3 HASTINGS SZTBDI~ISION NQ. 1 & 2 qTY OF' Ir1ERIDIAN WATER EASEMENT 'ExH181T 8' ~ ~I,'l~~i ~-~ ~~ ,±. ~ ~?T~RL! ~~11 ~'1~i :~:iT~i p v~~ ~ P' ~ ~ , ~~~ ~ rm l i:" :~' 11 II~ ~ ~ L ~ ~ ~ I_~ II~ ~ ' ~~~{ (~, ~~~ ~ C1~~T.S~1'Z~ 8.Z3 ~/• ~Nj~p 1' \~ Q 1 ~~ ~~~ N NO J = 'K Z O <~, a- _ _~ ~- o° J N H 8115 OF BFJl~ - - - _ N8' e'ZO'W 2830„OC' ~ ~ ~ :.i - - LOCHSA FALLS SUBDIVISION NO. 12 ...........................s'8938.20"E 440.00'•-.._.._...._.... r- r 1 r ~ 'us1 1 r © ( `--'~ ~~~~ EI051~NC / ~ ._--- ~~ 1 ~- ---~ .~~ r-- '~%~-- -~- - -- ---, /.,~' I r / r r ~ I r o,o ~ r ~i ~~ 1 r ~ I L7 EI1 ~EINrIT R r 1'2D~~29~ ~ ~.... , U10.11Y EASOtENT '~~ // ~'' ~/~ 1 ~UZ 1 :,~ ;~ ~Z,oJ ~ tea' ~1 r r L~ 1 r _ ~------ ---~ i~. -----~ '-~ __ 1 r r r r r r`--_ r r r r 1 ~~_~' r r ~- ~ r j 1 ~-~sTM~ ~TM 1 1 I I 1 1 ~ r II ununr r r 1 ' '__ °-- ' ' o~~ ~_o~ Na J Z J t = O < ~, N. _ > U Q 0 J m H w. ~T LANE (i~IVA~ Izol~a} .~.,... • ADA COUNTY RECORDER JD NAVARRO AMOUNT .00 i BOISE IDAHO 07/19101 01: DEPUTY Lisa Irby III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 1 ~~ 1 El~~ 1 ~# Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this day of 2~between Monterey LLC. the parties of the first part, and hereinafter cal ed the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent properly to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MAIN hastings_commercial.doc ~~ • effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ '~ day of 'U,.1'LQ 20~ ~" before me the undersigned, a Notary Public in and for said State, persona ly appeared ~ i ~~ C C]..r'~"e''~ and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist ah~ve umitten `~®®a~a~e~~a~$w®~® ' , ~1 ®~ ~ J .-~J ~ ~~ O ~ ~j eq - f 8 y+*~ m ~=~ ~ _-_ _ ~ o " ® rr1 c ~ -. ~;~ ~ (: C3 ©~ ~ ~:~ v L'- ~ ;~ a ¢'® c c~ x~VCaCJ ' NOTARY PiJ~LIC FQR ID O Residing at M C11rj u ( 4-~ Commission Expires: t\ - ~- 2p ~ ~ Water Main Easement EASMT WTR MAIN hastings_commercial.doc P~~ ~ e • • GRANTEE: CITY OF MERIDIAN \~`\`~ i~~\~~ Tamm de W er a or ~~ ., y ~, y ~ ~ - = L Attest by William G. Berg, ty erk ~ ®~$ ~ ;` Approved By City Council On: o a9°~' °°°~t'Pts aa9aaao~a STATE OF IDAHO, . ss. County of Ada On this ~°~ day of o~~~~, 20 2 before me, the undersigned, a Notary Public in and for said State, person y appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) 41"x. V~ GL's 6V~1 ~ tiL NOTARY PUBLIC FOR IDA°'`IH~O Residing at: ~'4titi~l,~~_ ~JoP Commission Expires: ~G ~l S 11 Water Main Easement EASMT WTR MAIN hastings_commercial.doc ~... • Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 07-014-01 HASTINGS CONIlVIERCIAL WATER EASEMENT DESCRIPTIONS Easement No. l Date: June 19, 2007 An easement located in Lots 1 and 2, Block 1 of Hastings Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 1, Block 1 of said Hastings Subdivision No. 1; Thence South 45°07'51" East, 116.98 feet to the REAL POINT OF BEGINNING; Thence South 89°38'20" East, 24.58 feet; Thence South 00°21'40" West, 25.56 feet; Thence North 89°38'20" West, 24.58 feet; Thence North 00°21'40" East, 25.56 feet to the real point of beginning. Easement No. Z An easement located in Lot 3, Block 1 of Hastings Subdivision No. 1, as same is shown on the_Plat thereof recorded in Book 97 of Plats at Page 12280 of Ada County Records, located in the NW 114 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Hastings Commercial Water Easement Desc.doc Page 1 of 3 Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 1, Block 1 of said Hastings Subdivision No. 1; Thence South 89°38'20" East, 220.00 feet to the northeast comer of Lot 3, Block 1 of said Hastings Subdivision No. 2; Thence South 33°05'20" West, 143.35 feet to the REAL POINT OF BEGINNING; Thence South 89°38'20" East, 26.44 feet; Thence .South 00°21'40" West, 25.56 feet; Thence North 89°38'20" West, 26.44 feet; Thence North 00°21'40" East, 25.56 feet to the real point of beginning. Easement No. 3 An easement located in Lot 7, Block 1 of Hastings Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12284 of Ada County Records, located in the NW 1/4 of the NE 1/4 of Section 26, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence North 89°38'20" West, 2430.21 feet on the section line common to said Sections 23 and 26; Thence leaving said section line, South 00°21'40" West, 105.00 feet to the northwest corner of Lot 1, Block 1 of Hastings Subdivision No. 1; Thence South 89°38'20" East, 440.00 feet to the northeast corner of Lot 7, Block 1 of said Hastings Subdivision No. 2; Thence South 52°52'43" West, 108.46 feet to the REAL POINT OF BEGINNING; Thence South 00°21'40" West, 24.47 feet; Thence North 89°38'20" West, 26.43 feet; Hastings Commercial Water Easement Desc.doc Page 2 of 3~ P~l$6.~V .-.~...~ Thence North 00°21'40" East, 24.47 feet; Thence South 89°38'20" East, 26.43 feet to the real point of beginning. PREPARED BY: Engineering Northwest, LLC James R Washburn, PLS Hastings Commercial Water Easement Desc.doc Page 3 of~3 {QTY ~ t31AP1 WATER '~A~IuIENT "ff~Hl~iT 6' ~~~ r E~i~ I S89' 2~C.5$" L2 S'QO' 21` 4tY 25.56` k.~ 9• 2tY 24.58` L4 l~fY` ~" 4d' 2~ S6` LS 38' 20' V 2S. 44 ~~? L9S' 4~~ ~ ~1`. ~` ~~. ~' 8 21` 40' 2S. 56° L9 SDD' 1' 49Y .24. 47' t t ~` 20' 26. 43` LIY 2i` 40` E4 47` ~' 4 3+1p 1r 1 _... ....• •~ ~j~ baS ~ '~a~~~ ~~ ~~ ~~ a ~~ 0 <~, ~_ i ~~ o~' 1m tflC91SA FALlS StiBQt~ft5tfllY I~Etk 12 t9~B'20"E 220.00'_ ~SBg' E r- ---- ~-1 ~ L- ---- off/ t t ~~~ ~ '._~ l ~+' #+ ~ 1 t ~. _" J .ri d w.~ ~ / ! ~1 I ~s~ ~ -~ r ~f ~ ( t ~ER~~ ~ f d'~~ •~.~' ~ .. .. .. ~~ . rr U70,J71' FAINT ,~~'f _ ~ c%~~° t ~~"~ ~z ~~ ;~ J ~ ~~ ~t ~: 7 ~ _ _ i _~ E F ~ ~ ~ ~ ~~ ~ ~ vr. Ev~sf uwE {i'~iIYAT~ RoAa) ~Q J ~ '~ z O <~ N . ~~ U o° ~m PB~e ~ e~f 1 i June 26, 2007 • MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT ITEM NO. S-~ REQUEST Water Facilities Easement Agreement for Pinebridge Office Building by DMB Management, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~+ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 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. . ADA COUNTY RECORDER J. ~ NAyARRO AMOUNT .00 ~ BOISE IDAHO 07/19/07 01:3'1 PM DEPUTY usa Irby ~~~ ~~~~~~~~~~~~~'~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF Meridian City 1 ~~ 1 ~~~ i ~ CITY OF MERIDIAN WATER FACILITIES EASEMENT (FIRE IIYDRANT AND METER THIS INDENTURE, made this day o 2(I~~between DMB MANAGEMENT LLC, the parties of the first part, and hereinaft call d the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water easement right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water appurtenances are to be provided for through underground pipelines and surface facilities to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water facilities over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water service (meter), fire hydrant, and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 19643 Water facilities Easement ~~5 • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for these easements, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~ Dennis M. Baker, Managing Member STATE OF IDAHO ) ss County of Ada ) '~ On this ~ day of ~~~,Q , 20 0~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis M. Baker, known or identified to me to be a member of the Limited Liability Company that executed the within instrument, and acknowledged to me that he executed the same. IN ~ and GRANTEE: ~!~ 6y+ 19643 Water f I have hereunto set my hand and affixed my official seal the day ~- O,S AR ~ e '~ ~..~ G 4L PUB~'~ ~, p. ~~ '•-- MERIDIAN d~ ~veerd, Easement V NOTARY PUBLIC FOR IDAHO `~~- ~ ~ ~ .~ °~ ~ ~ ~ ,'° ,, °s A Des l l ~ .~ • Tammy de Weerd, Mayor ~~- i Attest by William G. B ,City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this ~ [~t day o ~~ , 2017 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. ~®~,®.,~..•o (SEAL) ! ~ ~ ` O A ® ~ e ~ i s` ~ ~ •.t,;, • ~... s `` ~7LD!S%' ~ r •a~~p,• ~~ l /~E~ l G ~ l ~("i"G~ ~J NOTARY PUBLIC FOR IDAHO Residing at: `~Y1'lQ ~[~~~ -_~~ Commission Expires: (~-/S l t 19643 Water facilities Easement f` ~ - • E6iH~l~iT 6f di 4t ~~/ 6y~6?L~] Imo' i ~~191 I~i~.` ~~ D ~ ~F ~ilER1~]IppAy~N; 9p.A~~~'E^{R~~N~,Ery E~#SEI~EI~~° VGlW / i.iNIE V'~~~ ~ I~i~ ~r Vs TWC~ EASEMENTS BEIN€~ P€}RTtONS QF LC~T r ANI~ LC?T 8, SLC3CI~ 5, flEMTflNE CEI~ITER NC.).a, ~SC.?t)K 90 tJF PLATS AT PAGE 40~75~ Lt)CATEi) IN THE NE ~! ~ OF SECTION S, Tt~NSFIIP 3 NL3RTH, RA3~ICE ~ EAST, 13t)ISE MERID~0.N, MERIDIAN , ,PoDA CUUNTY, IOAI-Ifl, BEING MORE PARTICULARLY [3ESCRIBEfl AS FOLLO~IfS: EASEMENT' "A" CQMMEI~ICItVfl AT TIC SC1lJTi-LEST G~3f~NER flF LflT ~® SLGCK a, GEMTONE CEiyTE1~ NO.S, THENCE S 89'°54'04" E 27.00 FEET' ALONG THE SOUTH LINE OF SAID LOT ~, BLOCK 5 TO THE 13EAL P~DIN~' #aF 13ES~INNlNG QF THIS I~ESCRIPTIC4N; THENCE N 00°34'18° E 32.00 FEET TO ~1 POINT; THENCE S ~~°01" E 20.?04 FEW 7C1 A PCJINT; THENCE S d~[d°31'18p Vtl 324@0 FEET Tt3 A Pfl11'~T t}N THE St~l3TH LINE t3F SAID LOT ~; THENCE N °54'Q4°' V1124.00 FEET Tt} T~iE REAL PC3fNi' ®F 811=GININING OF THIS DESCRIE'TIdN, CONTAINING 840 S@UAI~E FEET, AIIC~RE CSR LESS. EASEMENT "13" CUMMENCING AT THE SOUTHUilEST CORNER flF LC?T G, BLOCK 5., GEMTflNE CENTER I•+It~.S, THENCE S 89°54'41" E 19.62 FEET AL{3NG THE S®tJTH LINE tJF SAID LflT 8, BL1'JCK ~ TO TI-1E READ PflIIVT flF BEGINldING flF THIS DESCRIPTION; THENCE N 0{I°05'59" E 18.50 FEET TO A POINT; THENCE S 89°54'04° E 42.04 FEET Td A PAINT; THENCE S 00°05'89" 1N 18.50 FEET Tfl A POINT flN THE S4~UTI~ LINE {3F SAI D LC-T 8; THENCE N S9°54'{~1~ 12011 FEET Tfl T1~E REAL POINT flE IgEG~1NIIN~ +QF THIS DESCRIPTIt3N, CONTAINING 222 SQCPARE FEET, MCJRE aR LESS. MICHAEL E. MARI~CS, PLS N{3.4998 19643-~A3F-~'A ~~ 4~ E. ~~t~MT~ S'i's .~ ~"~°~f'~ E 2Zf.8lt~ ~ ~r ~m~on cur ~c ~ ~E 1 Bj ~{ ¢ ~ ! ~~ ~ I ~ k ~~1 ~~ ~~ I "~° ~' ~ ~~ ~ Z ~~ ~~ BLOCK 5 ~ i K ~t ~I t 4 U g 4 fl N: t~l1 ~- ~ f ~ lg 1 FlATFED IAT PEE f `~ ~ I 1, f PAE~CEL "AA RAO.Se 78.5 ! "~ ~~,t~~ ~c~. ~r ~ I 2.0 ACRES ~ { ~~~ II EAS£kiE4-!Y r `=~ ~~~~ i ~-- --~- ~.t ~ ~ ~ L~ s4'Uf ~ ~ f~D'. ~+ d~°~>'1~.~ . ~ Path@. ~8° r ~ ~ ~~' ~ ~~~' ------~ CPTY OF ME~~D~AI~ W~4~E[~ E~SEI~E~lT E~~~BIT CE~~Of~E CE~'~~ {Vd. ~ S~JBB~1t~S#O~i SECTION $, T»~~ N., R.1 E. B.I~o NIE~~L)1~~, AOA COUNT', ~ID,A3-1O /`Q7 ~ SALE: 1°=56' 1 tai d r~ O ~~ i I fig' 1 ,0 ~~~. 7 S4D S, BONITO WAY S 94fl ~iDiAiV, tI7A440 8342 ~-288-0573 PIO. 19643 w t" • • City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8 City Council From: Karie Glenn CC: Fie Date: 6/28/2007 Re: Proposed Agenda Items for 7/3/07 City Council Meeting The Public Works Departrnent respectfully n:quests that the following items be placed on the 7/3/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Facilities Easement for Pinebridge Office Bldg by DMB Management LLC. Typical Water Facilities l=asement. Recommended Council Action: Approve the Water Facilities Easement for Pinebridge Office Bldg by DMB Management LLC and authorize the Mayor #o sign and City Clerk to attest Thank you for your consideration. • Page 1 • • CITY OF MERIDIAN WATER FACILITIES EASEMENT AFIRE HYDRANT AND METER THIS INDENTURE, made this - day of , 20 between DMB MANAGEMENT LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water easement right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water appurtenances aze to be provided for through underground pipelines and surface facilities to be constructer by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water facilities over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water service (meter), fire hydrant, and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 19643 Water facilities Easement • • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for these easements, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: cC Dennis M. Baker, Managing Member STATE OF IDAHO ss County of Ada ) On this ~ day of , 20 01 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis M. Baker, known or identified to me to be a member of the Limited Liability Company that executed the within instrument, and acknowledged to me that he executed the same. IN' and OVARY ? ~~~ G PUBS', ~ .~T TE OF ~~'~~~ GRANTEE: CITY OF MERIDIAN ~/l.. NOTARY PUBLIC FOR IDAHO Residing at: i~Q yv~.~Qp`. Commission Expires:_ pS~ ~ l0 I have hereunto set my hand and affixed my official seal the day 18643 Water facilities Easement Tammy de Weerd, Mayor • Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 19643 Water facilities Easement ~ i EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATERLINE EASEMENT GEMTONE CENTER NO. $ TWO EASEMENTS BEING PORTIONS OF LOT 5 AND LOT 6, BLOCK 5, GEMTONE CENTER N0.5, (BOOK ~ OF PLATS AT PAGE 14575} LOCATED IN THE NE 1/ 4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN , ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT "A" COMMENCING AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 5, GEMTONE CENTER N0.5, THENCE S 89°54'41" E 27..00 FEET ALONG THE SOUTH LfNE OF SAtD LOT 5, BLOCK 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°31'16" E 32.00 FEET TO A POINT; THENCE S 89°54'01" E 20.00 FEET TO A POINT; THENCE S 00°3T113° W 32.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 5; THENCE N 8S°54'01" W 20.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTfON, CONTAINING ti40 SQUARE FEET, MORE OR LESS_ EASEMENT "B" COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 5, GEAATONE CENTER NO.S, THENCE S 89°54'41" E 19.62 FEET ALONG THE SOUTH LINE OF SAID LOT 6, BLOCK 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°05'59° E 18.50 FEET TO A POINT; THENCE S 89°54'01° E 12.00 FEET TO A POINT; THENCE S 00°05'59" W 18.50 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE N 89°54'41" W 12.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 222 SQUARE FEET, MORE OR LESS MICHAEL E. MARKS, PLS N0.4998 19643-EASE-WA~It - EXHIBIT ~B~` ~,_,s e~s.~~r ~ ~~=_120.00'__x_ ~4 BLOCK ~ I m ~I i I ~ ~LarTEO LoT ~ - 1! i~ 5 ~z~ W~ ! i ~+I ~„ '~ d ® ~ Ii~E tDN _ ~ ~ %~ ~: L- ~ _{ 32. 5 ~ L-~ ,9 ' L_7 L-8 12i L-9 1-t0 TL1 ~ 1 EA~IEMT ` `"' .A. r ~ ~ ~. ! ~Ar - ~ ~ EI199B1T iSt 1®Mti w ~_-~ N ~3~'~f ~Y f21i.0i0' --~~~D1.8'3'----- -J t~nta+ mr i~u~ s~o~a y .. .~ L m~m-E a ~aax on ~ socs~aoa ~1 ~~ 1 wauc uoul~s ! ~ ~ 6 ~ ~:. ~~ h J 11oa ~I ! .~. E ~ : oar s E ' w 8954'W E ~72'f6' 9 ~ ' 895481' W ro,- . - ~ h i ~ ~$Q~ , ..a -- ~ EASI~NT ~ N ~0'Jf'fZ"' E~ pp & ~ J~QD' CITY OF MER{DIAN WATER EASEMENT EXHIBIT GEMTONE CENTER NO. 5 SUBDlVISlON SECTION 8, T.3 N., R.1 E. B.M. MERlDlAN, ADA COUNTY, IDAHO PARCEL "A° R,O.S. 7825 $7,105 SQ FT 2.0 ACRES E. sraTE sT, 4Jf a rl 0 Y~ _U 2 z~ ! 4 ~, J 5tanle~l Cw~s-u~ ~. 1940 5. BONRO WAY stRrE X40 MERIDUW, ID/WO 83642 20B-2B8-0573 ~A~IP1: {~f16 -- DATE: 06/27/07 ~ SGLE: 1'=50~ ~ J~ N0. 19643 ' l_ J June 26, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT ITEM NO. S-F REQUEST Amended Resolution No. 07-562 A: Amended To Correct Exhibit A For Public Works Rate Change AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merfdtan. COMMENTS See attached ~~ CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 07-562 A BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED RESOLUTION CORRECTING THE ATTACHED FEE SCHEDULE WffiCH WAS RATIFYING THE COUNCIL'S APPROVAL OF PUBLIC WORKS PROPOSED CHANGES TO WATER AND WASTEWATER ASSESSMENT, WATER METERS AND APPURTENANCES, WATER SYSTEM ITEMIZED DAMAGE FEES, AND WATER AND SEWER USER RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 23, 2007, the City Council of the City of Meridian, held a hearing on the adoption of the Public Works proposed changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees and water and sewer user rates as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works proposed changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees and water and sewer user rates is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the 1st day of October, 2007. ADOPTED by the City Council of the City of Meridian, Idaho ~ rd day of ~Gt,2~J , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~' ~ day of ITT t-e~J , 2007. PUBLIC WORKS PROPOSED CHANGES TO WATER AND WASTEWATER ASSESSMENT, WATER METERS AND APPURTENANCES, WATER SYSTEM ITIINIZED DAMAGE FEES, AND WATER AND SEWER USER RATES Page 1 of 2 APPROVED: MAYOR ~~J de WEERD a~~~~~~iii~idi i, tr i,~. ATTEST: \~,o•~~~ ~a~~~ ~~,f~ ~. ~ ~ e, f~ ~~~ s~ ~ _~ V ~'~" WII.,LIAM G. BERG, , C :CL RK ~`"~~'~~ ~~ a ~ {' ~ ^ a3'S ~ q~\ ~,/,S®,//`,/ kJ a aQ®~~~a®~®®4 ~~~ooen otdaeaae PUBLIC WORKS PROPOSID CHANGES TO WATER AND WASTEWATER ASSESSMENT, WATER METERS AND APPURTENANCES, WATER SYSTEM ITFMLD DAMAGE FEES, AND WATER AND SEWER USER RATES Page 2 of 2 2007 Public Works Fee Updat® Proposal ASSESSMENT FEES Scheduled Upata (Dat s iisfed are WASTEWATER Current Proposed Last Update anticanated effective datel $2,372.00 $2,749.00 May-08 June-07 WATER $1,529.00 $1,794.00 May-08 June-07 Pressurize Irrigation Assessment for Secondary Connection $449.00 $525.00 8-May June-07 WATER & SEWER RATES Scheduled Upate (Dates listed are WATER Current Proposed Last Update antic' sled F+/1`ective date) Base (Administrative) Feee: $3.73 $4.04 June-08 June-07 Use Charge (per 1000 gallons): $1.05 $1.39 June-OS June-07 WASTEWATER Current Proposed Base (Administrative) Feee: $4.37 $4.74 June-08 June-07 Use Charge (per 1000 gallons): $2.98 $3.04 June-08 June-07 MISCELLANEOUS WASTEWATER AND WATER CHARGES Scheduled Upate Wastewater Current Proposed Last Update an_.ipated effecfivq date Private Sewer System Review $1,000.00 no change February -05 By Individual Private Lift Station O&M agreement no change May-08 Septage Dump, per 1000 gallons $48.00 no change May-08 Water Current Proposed Last Update Meter Adapter Kit $80.00 no change May-06 ~i Meter MXU Transmitter $85.00 no change May-0e (1) Meter Adapter Kit $80.00 no change May-08 (2) Meter MXU Transmitter $85.00 na change May-08 (3) Meter MXU for 1-inch ~ larger meters $144.00 no change May-0B '/cinch meter $148.00 no change May-OB 1 inch meter $183.00 no change Mey-0e 1 'h inch meter $399.00 no change May-08 2 inch meter $542.00 no change May-06 3 inch meter $1,058.00 delete May-08 June-07 4 inch turbo meter $2,052.00 no change May-08 4 inch compound $2,884.00 no change May-08 (1) Required on some commercial projects when developers engineederchitect specifies a larger meter setter than the meter that is initially required. For example, a 2-inch setter is specifie d and a 2-in meter will be used when th e project is builtout However, only a 1 112-inch me inltaiily Headed, requiring the adaptor kit the water division resentiy pays for. (2) Recovers cost of reado read transmitter unit on all new meters set (3) recovers full cost of a singge MXU unit in situations where iwo meters cannot share a single meter vault MXU units for most residential two meters serving two houses 2007 Public Works Fee Update Pro• Water System Repair Fees Current Proposed Last Update Priavte Water System review $500.00 no change February-05 5/8 and 3/4 inch angle valves $15.00 no change May-08 Meter Heads $72.00 no change May-08 5/8 and 3/4 inch meter $119.00 no change May-08 3/4 inch meter $148.00 no change May-0e 1 inch meter $183.00 no change May-0e 1 1!2 inch meter $388.00 no change May-08 2 inch meter $542.00 na change May-0e 3 inch meter $1,058.00 delete May-08 June-07 4 inch turbo meter $2,052.00 no change May-08 4 inch compound $2,884.00 no change May-08 Padlock $4.35 no change May-08 X43 Meter Head $93.00 no change May-0B Hydrant Meter $1,049.00 no change May-08 2 inch meter valve $78.60 no change May-OB Sarivel Adaptor $91.00 no change May-08 1 '/: to 2 inch Adaptor $80.00 no change May-08 384 Freeze Plates $8.11 no change May-08 Single Port MXU $129.00 no change May-08 Dual Port MXU $150.00 no change Mey-08 Touch Coupler Extension Cable $18.00 no change May-08 Truck Fee {per trip) $25.00 no change May-08 Equipment {backhoe or dump truck), per hour $25.00 no change May-08 Meter Lockout of iQegal Tum-On $50.00 no change May-08 Hourly Charge, Service Cell $35.00 no change May-08 Meter Reinstall Fee(doas rwt include actual meter) $26.00 no change May-08 Hydrant Meter, Daily Rental $2.50 $5.00 May-OB June-07 Engineering/Development Services (~A/QG Plan Review Fee Applies to all subdivsion projects and commerical projects witlt public water or sewer mains. S~divsion~ Current Proposed Last 0 to 50 building lots: $100.00 Delete and rapists with QPLE 51 to 100 building lots: $175.00 Review Fees More than 100 l3uildling lots: $250.00 Comm~r 'al $50.00 per project ual' _~iU'cense~P gf~ion~LEngl~ser LJ~)geview Proposed All subdivision and commerical projects qualtfled and requested to go through QLPE review process (1 } $250 per sheet {1) Includes only engineering drawing sheets. Does not include cover sheets, standard detail sheets and standard City notes. (2) City Requirements June 26, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT ITEM NO. 5-G REQUEST Tabled from June 5, 2007 -Resolution -Adoption of Records Retention Schedule AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See previous Item Packet ~ a bl e ~o S-I ~{ o~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 26, 2007 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT ITEM NO. S-H REQUEST Interagency Agreement with Ada County Highway District for Transfer of Subdivision Record Drawing AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: /~ \ ~ CITY WATER DEPT: ~ V 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. INTERAGENCY AGREEMENT: TRANSFER OF SUBDIVISION RECQRD DRAWINGS THIS INTERAGENCY AGREEMENT (The "agreement"), is made effective this ,3rd" day of ~cTtr./y 2007, by and betwreen the City of Meridian, through its City Council, hereinafter referred to as "Meridian", and Ada County Highway District, through its Board of Commissioners, hereinafter referred to as "ACRD"; The purpose of this Agreement is to enable Meridian to obtain from ACRD, subdivision record drawings, plans, and plats in digital format. WITNESSETH: WHEREAS, ACRD is in possession of subdivision record drawings, plans, and plats in digital format and Meridian desires to obtain such records from ACHD for its own internal uses such as tracking its sewer projects; and WHEREAS, ACHD and Meridian have expressed a desire to cooperate in the transfer subdivision record drawings, plans, and plats in digital format from ACHD to Meridian; and WHEREAS, ACHD and Meridian have the authority to enter into this Agreement pursuant to Idaho Code section 67-2332, Interagency Contracts. NOW, THEREFORE, in consideration of the foregoing ACHD and Meridian agree to the following terms and conditions: SECTION 1. ACHD'S ROLES AND RESPONSIBILITIES: ACHD shall: 1. Provide Meridian in a digital format on a digital media storage device provided by Meridian, all subdivision record drawings, plans, and plats for subdivisions within Meridian's Area of City Impact (including the Meridian City Limits) then maintained by ACRD in digital format. 2. Name a primary contact for implementation of this Agreement, and notify Meridian within 14 calendar days of any change. Initially, this contact shall be Christine Boyles, Central Files Clerk, ACHD Infom~ation Technology. SECTION 2. MERIDIAN'S ROLES AND RESPONSIBILITIES: Meridian shalt: Interagency Agreement: Transfer of Subdivision Record Drawings -Page 1 of 3 1. Provide a digital media storage device to ACHD upon which ACRD may copy all subdivision record drawings, plans, and plats for subdivisions within Meridian's Area of City Impact (including the Meridian City Limits) then maintained by ACHD in digital format. 2. Use the digital records provided to it by ACRD under this agreement only for Its own internal uses; including, but not limited to, tracking its sewer projects. 3. Not modify the digital records provided to it by ACHD under this agreement. 4. Hold ACHD, its officers, agents, and employees harmless from and against any and all claims of liability arising out of any inaccuracies or errors in any subdivision record drawings, plans, and plats, provided by ACHD for use by Meridian or claims arising out of Meridian's use of said subdivision record drawings, plans, and plats. b. Name a primary contact for implementation of this Agreement, and notify ACHD within 14 calendar days of any change. Initially, this contact shall be Robyn Jack, Meridian GIS Department. SECTION 3. GENERAL TERMS: 1. ACHD makes no warranties or guarantees as to the contents of the subdivision record drawings, plans, and plats and claims no responsibility whatsoever for any use thereof by Meridian. Any modification or alteration of the subdivision record drawings, plans, and plats shall be without ACHD's knowledge or consultation and shall be the sole responsibility of Meridian. 2. This Agr®ement shall become effective on the first date mentioned above, and shall remain in effect until either party gives written notice of termination in conformance with Section 3.3. 3. This Agreement may be terminated by any one of the parties for any reason upon thirty (30) days prior written notice. NOW, THEREFORE, BE IT RESOLVED, the parties hereto agree to the provisions of this Agreement for transfer of subdivision record drawings. Interagency Agreement: Transfer of Subdivision Record Drawings -Page 2 of 3 ADA Date: f~ ~ 1 Z ~1 Date: ~'ohb Franden, President HIGHWAY DISTRICT CITY OF MERIDIAN Tam y De Mayor ~,~~ ~y c,~ c~.~ 7-3-0 7 Attest City Clerk ,~yiilliiiitl~ ;~r~. ., Fo ~ ~~ „` r~)7! VVV~y~ ~ '4 Interagency Agreement: Transfer of Subdivision Record Drawings -Page 3 of 3 • • June 26, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT ITEM NO. 5-I REQUEST Permanent and Temporary Easement Relinquishment for Janicek Properties, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. ADA COUNTY RECORDER J. DAV•1VARR0 AMOUNT .00 1 BOISE IDAHO 07/19!07 01:~ PM DEPUTY Lisa Irbq II I I I II II !III I II II I (III I I I II II! I I I III RECORDED-REOUEST OF Meridian City i0~10251? CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 24~, 2006 and recorded June 16, 2006 as Instrument Number 106096023 of the records of Ada. County, State of Idaho, Janicek Properties LLC granted to City of Meridian, an Idaho Municipal Corporation, a permanent sanitary sewer easement and a temporary construction easement for the construction, operation and maintenance of a sanitary sewer line over and across the real property legally described and visually depicted on Exhibits A-1, A-2, B-1, B-2.1, B-2.2 and B-2.3 attached hereto and incorporated herein. WHEREAS, the continuance of such easements is no longer necessary or desirable because the City of Meridian has constructed its sanitary sewer in a different location within easements that have been previously granted and secured by a separately recorded instrument which shall not be affected by this Release of Easement. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 3 ~ day of July, 2007. CITY OF MERIDIAN ```yA,~1tU BBIl16/1/IGjOr a~a .~ ~'~, taO>d BY ~ `~,*~~'~ rd'R, ' Tom, Weerd ~~ Ma - ~ `° ~ - ATTEST i~~-~ ~~, `~ City Clerk ~'% °~~ Vii. t ~°~ ~ ~ ,~~~` ,,/,dd ~ ` ~ t~~, STATE OF IDAHO ) //~~~'`oP+~BBt nB11~`t,~~~ SS County of Ada On this ~ day of July, 2007 before me, a notary public in and for the State of Idaho, personally appeared Tammy de Weerd and William Berg, known or identified to me to be the Mayor and City Clerk• of the City of Meridian, respectively, who signed and attested the within instrument and acknowledged to me that they executed the same. Notary Public for Idaho Residing at Meridian, Idaho 1 Commission Expires: l ~'- ~ r , Project: 11873 Date: February 14, 200b EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Northeast'/a of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more partiwlarly described as follows: Commencing at the Northwest corner of said Northeast'/, of Section 15; thence along the Westerly boundary line of said Northeast'/a, South 00°20'36" West, 1,328.97 feet to the POINT OF BEGINNING; thence along the Northerly boundary of the South % of said Northeast %. South 89° 15'05" East, 17.97 feet; thence South 27° 02'04" East, 244.47 feet; ' thence South 62° 5T56" West, 43.24 feet; thence parallel with and 92.00 feet East of said Westerly boundary line of the Northeast'/a, South 00°20'36" West, 1,060.53 feet to a point 32.00 feet North of the Southerly boundary line of said Northeast''/a; thence parallel with and 32.00 feet North of said Sautherly boundary line South 89 ° 14'47" East, 753.75 feet; thence North 87°38'17" East, 533.57 feet; thence parallel with and b1.00 feet North of said Southerly boundary line South 89°14'47" East, 759.47 feet; thence South b1 °54'41" East, 132.84 feet to a point on said Southerly boundary; thence along said Southerly boundary line North 89°14'47" West, b9.69 feet; thence North b1 ° 54'41" West, 63.15 feet; thence parallel with and 29.00 feet North of said Southerly boundary line North 89°14'47" West, 750.82 feet; thence South 87°38'17" West, 533.57 feet to a point on said Southerly boundary line; thence along said Southerly boundary line North 89°14'47" West, 786.39 feet; thence parallel with and 60.00 feet East of said Westerly boundary line of the Northeast y, North 00°20'3b" East, 1,111.77 feet; thence North 62° 5T56" East, 30.70 feet; thence North 27°02'04" West, 189.77 feet to a point on said Westerly boundary line; thence along said Westerly boundary line North 00°20'3b" East, 35.01 feet to the POINT OF BEGINNING. Containing 2.576 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 r z-I ~t -v~ ~~ 'Pp 9lf O F \~P G~" ~q(D M . N0~ RMH/geh:lhc P:\PHK\11873-Black CatlEasements\Final Easements\Black Cat1JANICEK•PERM-NE SEC 15.doc ~N89'14'47'W ~ ~ ss.ss' %~ ( I /,I I ~ ~~ I r ~~ i II z I I I j ~ I I~ I ~ i j~ I I I I I I WI I~ I al• la I TI IT I aiI li I I I I I I ~ I I I I I I !I I I I ( I ( 1` ( ' f I I _ { ;I I~ ' 1 ~I In I ~I I~ L I I I -~--~ ~., I I I I ~I I~ ! ~I I~" I ~I I~' 1 ~I I~ q~yp f I I 1 SCALE: 1"=200' ,~~, 1 1 1 I ` ;~I I~ d 857.5 ~ I I I 3 ~O elf O F \~' ~`• I I I ~" ~'~~ fl M. H°°~ I W I I~ N.r I vI la o~ ,,~,~C~-------------------4-----~ ~I I~ °f. S00'20'36"W 1060.32' z NW 1/4 COR. r~-n .~ ~~ ~ ~-- - - - - - -~- -J I SEC. 18 °f ,~Z%/ / ---------- - 5Z~~ /'O~ ~_ - - - _ - N0020'36'E - 1111.77' - ~- - - ._ - J S00'20'38`W ~'1'021~ ~ 1328.97 `,~`~ib P.O.B. N00'20'38"E ~r°~ 35.01' z m~:'_' '~'"'"'''~"'~ JANICEK PERMANENT SEWER EASEMENT Project: 11873 Date: February 14,2006 EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EASEMENT B-1.1 • That portion of the Northeast %, of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commenting at the Northwest corner of said Northeast'/ of Section 15; thence along the Westerly boundary line of said Northeast'/a, South 00°20'36` West, 1,363.98 feet to the POINT OF BEGINNING; thence South 27°02'04° East, 189.77 feet; thence South b2 ° 5T56" West; 30.70 feet; thence parallel with and 60.00 feet East of said Westerly boundary line South DO° 20'36" West, 41.96 feet; thence North 27°02'04" West, 130.48 feet to said Westerly boundary line; thence along said Westerly boundary line North 00°20'36" East, 108.73 feet to the POINT OF BEGINNING. Containing 0.171 acres, more or less. TOGETHER WITH: EASEMENT B-1.2 That portion of the Northeast %. of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest comer of said Northeast'/a of Section 15; thence South 04° 54'14" East, 1,552.70 feet to the POINT OF BEGINNING; thence parallel with and 142 feet Easterly of the Westerly boundary of said Northeast %, South 00°20'36" West, 1,030.77 feet to a point 82 feet North of the Southerly line of said Northeast'/,; thence parallel with and 82 feet North of said Southerly line South 89 ° 14'47" East, 702.74 feet; thence North 87°38'17" East, 533.57 feet; thence paraitel with and 111 feet North of said Southerly line South 89° 14'47° East, 664.10 feet; thence South 61 °54'41 " East, 108.89 feet; thence parallel with and 61.00 feet North of said Southerly line North 89° 14'47" West, 759.47 feet; thence South 87°38'17" West, 533.57 feet; • • Exhibit B-1 Parcel Description Temporary Construction Easement February 14, 2006 Page 2 thence parallel with and 32.00 feet North of said Southerly Line North 89 ° 14'4T West, 753.75 feet to a point 92.00'feet East of said Westerly boundary of the Northeast %a; thence parallel with and 92.00 feet East of said Westerly boundary North 00°20'36" East, 1,060.53 feet; thence North 62°5T56" East, 43.24 feet; thence South 89°39'24" East, 11.60 feet to the POINT OF BEGINNING. Contai ng 3.466 ac es, more or Less. END OF DE5CRIPTION TOGETHER WITH: EASEMENT B-1.3 That portion of the Northeast ~/a of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast comer of said Northeast %, of Section 15; thence North 89°14'47" West, 444.54 feet along the South boundary line of said Northeast'/s to the POINT OF BEGINNING; feet; thence continuing North 89°14'4T West along said line, 108.89 feet; thence North 61 ° 54'41' West, 63.15 feet; thence parallel with and 29.00 feet North of said Southerly boundary line South 89 ° 14'4T East, 108.89 then th 61 ° 54'4i" East, 63.15 feet to the POINT OF BEGINNING. Contain ng 0.072 a es, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. l ~- o ~' a 8575 M• RMH/geh: the P:\PHK\11873-Black Cat\Easementr\Final Easementr\Black CatWANICEK-TEMP•NE SEC 15.doc /~~ ,~(~ i ,~' ~ I ~ ,~ I I I I I I I II I II I II I I I I I I ~ i I i I I i i I I I i 1 I f I I I I ~ ~ i I ( i ~~ I l I I I I III i I I { 1 I • I I 1 I I I SCALE: 1 "=200' I i I I I I 1 i i A I I I ~ ~ ~, P I I I I III 8575 ~ ~ 'pp ~rf O F ~~! v~ I I I ~ yql D ~ • X00 ~o ~ I ~~ ~ I I ~ __J ~ E soo2o'3s'w Oe'~~ -41_98' --------------------- ---~ I NW 1/4 COR. ~~.OZj / ! sOO2O'36'W I~ ~ _~ 1'C2C~ . 1363.98' r N2 D'SO' P.O.B. NDO20'38'E 108.73' '~"'~'°°" i' I EXHIBIT B-2.1 IOAItf:Fl!?F11APf1iiCCIV (`.f1NCTLi11C:TIf1N F4RFMFNT-1 ~~ ~~ ;, /~ / r# ~~ ~ ~ y~^^o~ I I ~ ~ I ~ I I - I I I . I I I of ,-^I ~I iii ml ICI I I E I I I WI 131 a I ~ l r '• I '-I ml I w HI IZI I I I I I I I I I I ~ I I ( I I I I i~ I I~, I ~I I~ i SCALE: 1 "=200' I I I I I i WI 131 m! I:~ 1 ' ~' -~' ~ z ~ 8575 I I I a ~,, Z -1'1-0 ~~° I I ~0 ~rF p~ \~~ v~ I I I y~~D ~°~ ~I FBI Y. ~' I I~ I I i^ I I W WI I#) WI I ~tOD ~~ CI ~I Irl NW 1/4 COR. P.O.B. N NI Izl SEC. 15 304'$4'14"E -r 1552.70' ~ - S00'2D'36'W 1030.77' -------------------'~-- -~ - I I ' ~' ------ - --'I ^- -~ I l /i~ r ~r----- N00'20~38^E--`1080.53'------ --J ~ ~ _~'~ - ~ N'82'S7'E ~'-~ -~ 43.24' __-- ---- _ ° -______----- uoFlt& ~wwlava `• wi u n iT n n n 2 or eac 1 J 1 I OF "-~~--•~-~..~.J ie~n~cvrc~~oncnov rnalcTgl irtTiflN F4R~MPNT_9 • j. r e NE 1/4 CDR. ~ SEC. 15 ~. ,t .t ~ ~ r 2 P.O.B. S61'S4'41'E~j $ 63.15' i. o, ,~ IT°° ~. ~'~~I ~Z T"' " N61'S4'41'W ~~ i ~ I 63.15' II I ~ I I ~ I I I I I I I i I I I I I I ~ ~~ t ( ~ I II I II I i I I i ! z 1 I I I SCALE: 1 "=200' = I i ' I i I - 1 i i ~ N I I i f F I I ! o I I I 855 ~ I I I ~~, z•,~r-c6~o I I I 'Pp ~rE O f ~~' ~~ I ~4l D !~ . ~~~ I i i I I i I 1 ! z ~" ~ i 1 i } { ! I ! I ( i A,~--------------------~:---1 .I S ~ 11 ~.-'~~ ------------------z.--- / r. ~-.. -. _ ..... ~.._ .~ ._.- ~ ~. _ _ ~.. - ._ - _ _ .._-~ _ 1 -.-~' .ATM ar.~l,~l~, `"°`>~'""'~..' ~ u.B , EXHIBIT 8-2.3 SHE YATIOAI®tr Of YROi88110NIiLE@IVIC8, 1~1MHVROP®tiYOl FItl1.R I~Rd Nvr~rw~it~me~wa' a v~ P1O7~tet~ uautmaarwaauvlsuauo o wo.: muan+ar: ec ~ OP °~'°" °°' '"""~"' JANICEK TEMPORARY CONSTRUCTION EASEMENT-3 3 Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer; Ted Baird, Deputy City Attorney CC: Len Grady, City Engineer Date: 06/28/2007 Re: Proposed Agenda Item for July 3, 2007 City Council Meeting • ~,ECEI~7~ ~ U N 2 ~ ~~0~ City Of ~eridiax~ City Clerk Office The Public Works Department respectfully requests the following item be placed on the July 3 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Relinquishment for Janicek Properties LLC A permanent and temporary easement was recorded for Janicek Properties LLC for the construction of the sanitary sewer on their property for the 2006 Trunk Sewer Project. Because this sewer was constructed along an alternative alignment, the Public Works Department requests to relinquish this easement. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement Relinquishment for Janicek Properties LLC and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 24`x, 2006 and recorded June 16, 2006 as Instrument Number 106096023 of the records of Ada County, State of Idaho, Janicek Properties LLC granted to City of Meridian, an Idaho Municipal Corporation, a permanent sanitary sewer easement and a temporary construction easement for the construction, operation and maintenance of a sanitary sewer line over and across the real property legally described and visually depicted on Exhibits A-1, A-2, B-1, B-2.1, B-2.2 and B-2.3 attached hereto and incorporated herein. WHEREAS, the continuance of such easements is no longer necessary or desirable because the City of Meridian has constructed its sanitary sewer in a different location within easements that have been previously granted and secured by a sepazately recorded instrument which shall not be affected by this Release of Easement. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this day of July, 2007. CITY OF MERIDIAN BY Tammy de Weerd Mayor ATTEST City Clerk STATE OF IDAHO ) ss County of Ada ) On this day of July, 2007 before me, a notary public in and for the State of Idaho, personally appeared Tammy de Weerd and William Berg, known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, who signed and attested the within instrument and acknowledged to me that they executed the same. Notary Public for Idaho Residing at Meridian, Idaho Commission Expires: Project: 11873 Date: February 14, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT • That portion of the Northeast % of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest comer of said Northeast %a of Section 15; thence along the Westerly boundary line of said Northeast'/, South 00°20'38" West, 1,328.97 feet to the POINT OF BEGINNING; thence along the Northerly boundary of the South h of said Northeast % South 89° 15'05" East, 17.97 feet; thence South 27°02'04" East, 244.47 feet; thence South 62 ° 5T56" West, 43.24 feet; thence parallel with and 92.00 feet East of said Westerly boundary line of the Northeast''/a, South 00°20'36" West, 1,060.53 feet to a point 32.00 feet North of the Southerly boundary tine of said Northeast'/; thence parallel with and 32.00 feet North of said Southerly boundary line South 89°14'47" East, 753.75 feet; thence North 87°38'17" East, 533.57 feet; thence parallel with and 61.00 feet North of said Southerly boundary line South 89 ° 14'47" East, 759.47 feet; thence South 61 ° 54'41" East, 132.84 feet to a point on said Southerly boundary; thence along said Southerly boundary line North 89°14'47" West, 69.69 feet; thence North 61 ° 54'41 " West, 63.15 feet; thence parallel with and 29.00 feet North of said Southerly boundary line North 89 ° 14'47" West, 750.82 feet; thence South 87°38'1T West, 533.57 feet to a point on said Southerly boundary line; thence along said Southerly boundary line North 89° 14'47" West, 786.39 feet; thence parallel with and 60.00 feet East of said Westerly boundary line of the Northeast %, North 00°20'36' East, 1,111.77 feet; thence North 62 ° 5T56" East, 30.70 feet; thence North 27°02'04" West, 189.77 feet to a point on said Westerly boundary line; thence along said Westerly boundary line North 00°20'36" East, 35.01 feet to the POINT OF BEGINNING. Containing 2.576 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. ~~ 8575 r z-l ~+-v~ ~~ ~~ qlE' ~ F \~P V~ ~ql 0 M . ~'`~~ RMH/geh:lhc P:1PHK111873-Black CatlEasementslFinal Easements~Black Cat1JANICEK-PERM-NE sEC 15.doc • ~N89~4"47"W Via` ~ I 68.69' ~~° ''yry / ;~~ ~ f 3 / I I 1 I I / ~ in ~ ;n I r ~~ i II Z 1 I I . 11, I I N I ~ I I~ I ~ I In I I I I I I WI I~ - I ~I I~ I r- I I r i ~I IZ 1 I I I I I I I I f I I I I I ~ I i l~ f I I _ I i I - i nl l~ i "I I JL I I I I nl l# ;;I I . f ml I~. I Zl I" 20o qkp 1 I I SCALE: 1°=200' J RE f l l W o' NW 1/4 COR. r SEC. 15 P ; I I 8575 ~ I ~ ~ I i m ~O 'jf O f ~~' v~ I I I . ~N ' ~'~~ p Y. ~4v I I W l 13 v N r l I g 4~~1------- I ------------'~-----~ ~ I ~T yl !Z ~~`% ~ _ _ _ _ _ _ / - ^ S00'20'36"W 1080.32' SZ %,1,~Zo~ ~,y f~ ~ N0020'36"E 1111.77' - ~- - - - - ~ N00'20'38"E N ~ 35.01' i ~° `"°"~'"`°B01 ~-~'- EXHIBIT A-2 ~,~.~~,~ ~.,,~ rJ U_B ~~~: ~~,~ °"'°"~' 0e" '"^'r" JANICEK PERMANENT SEWER EASEMENT • • Project: 11873 Date: February 14, 2006 EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EASEMENT B-1.1 That portion of the Northeast %, of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest corner of said Northeast ~/ of Section 15; thence along the Westerly boundary line of said Northeast''/a, South 00°20'36' West, 1,363.98 feet to the POINT OF BEGINNING; thence South 27°02'04° East, 189.77 feet; thence South 62 ° 5T56" West; 30.70 feet; thence parallel with and 60.00 feet East of said Westerly boundary line South 00°20'36" West, 41.96 feet; thence North 27°02'04" West, 130.48 feet to said Westerly boundary tine; thence along said Westerly boundary line North 00°20'36" East, 108.73 feet to the POINT OF BEGINNING. Containing 0.171 acres, more or less. TOGETHER WITH: - EASEMENT 6-1.2 That portion of the Northeast %a of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Northwest comer of said Northeast ~/a of Section 15; thence South 04°54'14° East, 1,552.70 feet to the POINT OF BEGINNING; thence parallel with and 142 feet Easterly of the Westerly boundary of said Northeast %a, South 00°20'36" West, 1,030.77 feet to a point 82 feet North of the Southerly line of said Northeast %.; thence parallel with and SZ feet North of said Southerly line South 89 ° 14'4T East, 702.74 feet; thence North 87°38'1T East, 533.57 feet; thence parallel with and i 11 feet North of said Southerly line South 89 ° 14'4T East, 664.10 feet; thence South 61 °54'41 " East, 108.89 feet; thence parallel with and 61.00 feet North of said Southerly line North 89° 14'47° West, 759.47 feet; thence South 87°38'1T West, 533.57 feet; Exhibit B-1 Parcel Dexription Temporary Construction Easement February 14, 2006 Page 2 thence parallel with and 32.00 feet North of said Southerly line North 89 ° 14'4T West, 753.75 feet to a point 42.00 feet East of said Westerly boundary of the Northeast'/.; thence parallel with and 92.00 feet East of said Westerly boundary North 00°20'36" East, 1,060.53 feet; thence North 62°5T56° East, 43.24 feet; thence outh 89°39'24" East, 11.60 feet to the POINT OF BEGINNING. Contai ng 3.466 ac es, more or less. END OF DESCRIPTION TOGETHER WITH: EASEMENT B-1.3 That portion of the Northeast % of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Northeast ~/a of Section 15; thence North 89° 14'47" West, 444.54 feet along the South boundary line of said Northeast'/s to the POINT OF BEGINNING; thence continuing North 89°14'4T West along said line, 108.89 feet; thence North 61 ° 54'41" West, 63.15 feet; thence parallel with and 29.00 feet North of said Southerly boundary line South 89°14'4T East, 108.89 feet; then h 61°54'41" East, 63.15 feet to the POINT OF BEGINNING. Contain ng 0.072 a es, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. ,~ o ~ 8575 r Z •14-~ 6~° ~l p M . 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TGAAPrIgpgV (:f1NCTgl I(:TIf1N FARFMFNT-1 I ~j ~ I / , .~ , ~~• ~ ' , ~~ ~~~ I I I III III al ,_, ~I ICI I -" I I II ~ Ii 131 ~. ai Iii mi ICI "I IZI I I 1 I I ~~ - I I I I I I i I I I I I I I I I 4,,1 ~i ICI ~I I~ I SCALE: 1 "=200' I I I I I I WI 131 l I~ I 1 ~ O m ~I i~ l Z I ly I 8575 ~ I II ~~ z•~wo~~o I I I ~lF p i ~~! ~ ~ I ~ I ~ ~ ~~~ NAB I ~ I F D ~1. ^ ~I hi I Ir 1 I w wl 131 am wl I~ I rn~ ~I I~ r NW 1/4 COR. P.O.B. ~ ' yl (i' ~'' EC. ~ 5 504'54'14'E _ ~ - - - - - 500'2d'36"W - - 1030.77 - - - ~ ~ - - ` ~ - ''~ - 1 ~J y - - 1552.70` -- I ` / " ~^ - ~ i - / ~ N00'20'36"E 1060.53' ~, / r------------ -- / ------- ~ --~ ~/_ f ~ " N'62'S7"E ' ~ 43.24 .~ ~ ~~ "°"~'""'~'~ l EXHIBIT B-2.2 sHeEr wrnuu~trarnaasas+o"w.s~cS.oTMeowove~rrw aaom~+.~~womuorm aaw®.dvMdaoa agar, Y vno~r.tir~ e4orsciue:~aoo RR ~~~ P1XIX ~RO!lGT NTWYTXH 9PAE89 YIWRp VVA1101 ollu-s ®1®IB11~ ba. OMY/P%i \ Y muwa aY: e+~a ~ OF "°'°"'°'^'°" _ ie~nr•cv Tcuononov rnA~cTq~ ~RTIf1 W GpRFMFNT_9 • NE 1/4 COR. 3 SEC. 15 i~ _ .r .r a ~ r ~ ~ a z P.O.B. ` S61'S4'41'E ~ 3 63.15' n a, /~ I~~ a o. f a+ o ~ ~ N81'54'4 'W 1 I ~ 63.15' I ~ I ! ~ I f 1 ' I ! ! f i ~~ ` f r li I f i I I I I ~ ~ I I i I II CALE: 1 "=200' I i I i II I I I I I I ' ! I i .. ~ N ~ i I I f 1 i F ! I I 0 855 ~ i Is J~, Z.~~r.ob~o 1 I ! 'pp ~jf 0 F ~~' ~ v Nql ~~~ ! i I o !~ . I I r I I ! ~ I i 1 ! r ! I i I --:- - ! ; ~ ~} L____ ~ ~ y / i ~ I _ _/ Flte: wrTena B-2.3 3 '""'~"'^""'I JANICEKTEMPORARY CONSTRUCTION EASEMENT-3 ~~ 3 • June 26, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT ITEM NO. S-~ REQUEST Agreement with the Joint School District No. 2 for School Resource Officer between the Meridian Police Department and Meridian School District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Se® atMched CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. • • MERIDIAN SCHOOL RESOURCE OFFICER~AGREEMENT THIS AGREEMENT, en#ered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the . Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO"} Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their offrcers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. • ~ • 2. The City of Meridian, through the Meridian ~'olice Department, shall provide School Resource Officer services at designated campuses, as . referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or .documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, and one {1) School Resource Officer at Heritage Middle School. 4. As a member of the school team, the SRQ shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SROs except as is necessary to investigate crimes and apprehend criminal suspects, however, the 2 • SROs shall maintain high visibility with students during break and lunch periods. The SRO shall participate as a member of the school's management team. 6. The Meridian Police Chief and his offcers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter Manual"}. In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, na later than the end of the school day in which the interview was conducted. • • ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. iii. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian this information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 1$ and 19 of this Agreement. $. The City of Meridian shall use three (4) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph S, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police 4 • Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on-campus period, efforts will be made to provide prior notice and make arrangements with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitu#es a violation of law, including breach of .the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SROs shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 27, 2007, and ending June 6, 2008. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2007, and will complete the obligations one (1) day after the last day of classes in June 2008. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement r®cogniaes, that as of this date, the start and end dates of the 2007 - 2008 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $181,608.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2008, and the balance on or before May 31, 2008. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers far each event one of whom may be a Reserve Police Officer. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division ("CSD") SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. c. Any Meridian Police Reserve Officer who works at a school special event will be compensated by the District at the rate of $10.00 per hour. RECORD OF TIME AND REIMBURSEMENT d. SROs who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Departmen# Time Slip far the event and the requesting principal or his/her designee must sign and approve the completed slip. Th® SRO and/or officers shall then submit the Meridian Police Department Time $lip to the SRO Sergeant. PAYMENT e. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District sha[I pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay ten dollars ($10.00) per hour for Meridian Police Department Reserve OfFcers. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parkies recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged 6y the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. s ~ ~ 19. In the event the District or any of its ofhcers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and indemnify District, its officers, agents, employees,, insurers, and indemnitor, and bald them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the. City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent has the authority to execute this Agreement on behalf of the District; and sheJhe shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled mee#ing. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be mod~ed only by a mutually executed written addendum signed by the Assistant Superintendent and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when. mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave Meridian, Idaho 83642-2300 Assistant Superintendent Meridian School District ~fl#AiAfest~tne 13b 3 ~ . C:ec'rVt.~ra.Q. Zjr. Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28.. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. io BATED this ~~ day of 2007. CITY OF MERIDIAN Tammy de e d May of e ' ian BY: ~- m. (Bill) usser Meridian Chief of Police .~~' - ~ ATTE T: ~ ~~,~ ~;; 3 ~? ., a~ •~:, '~. '~ ~ = illiam G. erg, Jr T,4 City Clerk ~ `°~' - ' ~ ~ `= SEAL ~ ~~~'''~,,,~~~~L~1JY`f~;`~~~INT SC OL DIST CT N0. 2•• run ~~n ;~ By: ~~ - ~~~~~ SEAL of ~'''~- r+ O1S~ ~0 2~0~ ~ys ~~,r y~ d SEAL x ~~ ~° o'~, ••.,_ ~r 53~,~~. 11 June 26, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT ITEM NO. $ REQUEST Request to Withdraw Application for LDS Rezone RZ 07-004 by Bob Niblett of Niblett and Associates Architects AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meddfan. COMMENTS See attached • • June 29, 2007 FP 07-017 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT Franklin Centre, LLC ITEM NO. 9 REQUEST Tabled from June 19, 2007: Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN-R and C-C zones for Harks Canyon Creek Subdivision - 1845 W Franklin Road. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached Revised Staff Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C July 3, 2007 IN THE MATTER OF THE APPLICATION OF FRANKLIN CENTRE, LLC FOR FINAL PLAT APPROVAL OF 29 TOWNHOUSE BUILDING LOTS, 7 COMMERCIAL LOTS, AND S COMMON LOTS ON 6.29 ACRES IN TN-R AND C-C ZONES LOCATED WEST OF CINDER ROAD ON FRANKLIN ROAD IN A PORTION OF TH W %Z OF THE NE I/ OF THE NE '/ OF T. 3N., R. 1W., SECTION 14 CASE NO. FP-07-017 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 3, 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 3, 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: The Final Plat of "PLAT SHOWING HARKS CANYON CREEK SUBDIVISION LOCATED IN A PORTION OF THE W %z OF THE NE 1/a OF THE NE 1/a OF T. 3N., R. 1 W., SECTION 14, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HARKS CANYON CREEK SUBDIVISION / (FP-07-017) Page 1 of 4 • IDAHO 2007, HANDWRITTEN DATE: 04/05/07, SHEET 1 OF 3, WAITE LAND SURVEYING, LLC", FRANKLIN CENTRE, 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 3, 2007, listing 22 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 5 pages, and by this reference incorporated herein, and the response letter from Munger Engineering, Inc, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their July 3, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HARKS CANYON CREEK SUBDIVISION / (FP-07-017) Page 2 of 4 • • 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 Deparhnent, 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 TAI~NNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR HARKS CANYON CREEK SUBDIVISION / (FP-07-017) Page 3 of 4 L J in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 3'~~ da Y of 2007. ~~ ~~ ~OR ATTEST: ,~~,~~~'~~ + ' ,~',. ~~ ,~ /~ e e ~~a WILLIAM G. BERG, J ., C C~,E ~ ~ v 4° ¢~~~~s',/~r~~1 / 11 61111 ```\\\\`4\` 101 V! Copy served upon: ~ Applicant / Planning Department ~- -Public Works Department City Attorney City Clerk's Office de WEERD Dated: ~'- 24 -~ ~- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HARKS CANYON CREEK SUBDIVISION / (FP-07-017) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT s' _ ~ ~, ~"Q ' ~: f:~" 7]~ ~A M ~~ ~~~'~ STAFF REPORT: Hearing Date: July 3, 2007 ,-° Transmittal Date: June 28, 2007 ~,~~!'~,I~~i~~l `` '6~' ~.~U TO: Mayor and City Council y~: -~ ~~" _ y } FROM: Kristy Vigil, Assistant City Planner ~" 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Harks Canyon Creek Subdivision • Request for Final Plat Approval of Harks Canyon Creek Subdivision Consisting of 29 Townhouse Building Lots, 7 Commercial Building Lots, and 8 Common lots on 6.29 Acres in TN-R and C-C Zones by Franklin Centre, LLC (File# FP-07-017). • Request for private street approval within the TN-R zone (File # PS-07-006). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Franklin Centre, LLC, has applied for final plat approval of 29 townhouse building lots, 7 commercial building lots, and 8 common lots on 6.29 acres of land for Hazks Canyon Creek Subdivision. The zoning districts for the proposed subdivision are TN-R (Traditional Neighborhood Residential District) and C-C (Community Business District). The gross density of the proposed subdivision is 7.9 dwelling units per acre; the net density is 12.4 dwelling units per acre. Hazks Canyon Creek Subdivision is located west of Linder Road on Franklin Road in a portion of the NE '/ of T. 3N., R. 1 W., Section 14. This property has not been previously platted. The City Council approved the preliminary plat for Hazks Canyon Creek Subdivision on Apri125, 2006. The submitted fmal plat substantially complies with the approved preliminary plat. The applicant is proposing to construct two private streets in this development. One of the private streets extends south from S. Cancreek Way and the other extends south from S. Wazd Way. The private streets are connected with each other via a private alley. These private street accesses are proposed with a turnaround via alley ways. ACHD has reviewed and approved the proposed private street locations. Staff has reviewed the private street design and is recommending approval of them with the conditions set forth in this report. Staff recommends approval of Harks Canyon Creek Subdivision with the comments and conditions stated in this report. Exhibit "A' FP-07-017 Hazks Canyon Creek Subdivision FP.doc PAGE 1 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-056), development agreement (inst. # 106180812), conditional use permit (CUP-OS-051) and preliminary plat (PP-OS-058) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 04/25/08, if the City Engineer's signature has not been obtained. Prior to submittal for signature by the City Engineer, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. Provide instrument number for Franklin Road Right of Way on the face of the plat. 5. Provide instrument number for the 20-foot sidewalk easement along Franklin Road on the face of the plat. 6. Per the development agreement a certificate of zoning compliance shall be submitted prior to any future development in the TN-R and C-C zones. 7. All dwelling units within the TN-R district shall have a minimum of two lights at the front of the unit. In addition, all dwelling units on alley accessed properties shall have a minimum of two lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lightening at dusk and turns it off at dawn. Submit plans with each building permit application in the TN-R district showing/stating compliance with these lighting requirements. 8. The eight-foot wide sidewalks with tree grates, located within the TN-R zone, shall be constructed to meet all ADA requirements. The tree grates shall be located street side (near the curb, leaving a clear zone on the opposite side of the street). 9. Per UDC 11-2B-3, the applicant shall install 10-foot wide landscape buffers adjacent to all C-C zoned local streets within the subdivision. Graphically depict a 10-foot wide landscape buffer easement adjacent to the commercial portions of S. Ward Way and S. Cancreek Way on the face of the plat. 10. The private streets (S. Ward Lane and S. Cancreek Lane, both a portion of Lot 5, Block 3) shall be constructed per 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. Construct a 5-foot wide sidewalk on each side of the private street, as proposed. 11. The alley lots, Lot 2, Block 1 and Lot 4, Block 2, and the east-west portion of Lot 5, Block 3 shall be constructed per UDC 11-6C35. The alley shall have a minimum of 16 feet of paving, serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the adjacent public/private street provide a minimum of 28-foot inside and 48-foot outside turning radius. No parking shall be allowed on either side of the public or private street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a copy of a recorded cross access easement to all commercial lots within the subdivision and to the property Exhibit "A' FP-07-017 Harks Canyon Creek Subdivision FP.doc PAGE 2 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT west of the site (Parcel # 51214120630) adjacent to Lot 1, Block 1, via Lot 2, Block 1 and to the property to the east from Lots 21/22, Block 3. 13. Unless a development application has been submitted for the southern portion of this development, surety shall be provided for the construction of the multi-use pathway and bridge connecting this phase to the Ten Mile Drain prior to the issuance of the first certificate of occupancy in the subdivision. 14. Revise or add the following note(s) on the face of the plat prepared by Waite Land Surveying, LLC, Inc., stamped on 04/05/07 by Todd R. Waite, prior to signature of the fmal plat by the City Engineer: 4.) Revise to read "... m;+'e ,, ~~+we ~;,~, --~Aao..:a;..,,~.. TT..;~e.7 n , + n a the City of Meridian's applicable zoning code at the time of submittal " 7.) Revise to read "Lot ~ 20 Block 3 is a ..." 8.) Include instrument number. 10.) Include instrument number. *.) Add a note: "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed b}~ an irrigation/drainage entity *.) Add a note, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation " *.) Add a note addressing who is responsible for the maintenance of the landscape buffers adjacent to Franklin Road, S. Cancreek Way, and S. Ward Way. 15. The landscape plan, prepared by Jensen Belts Associates, stamped June 28, 2007 by the City of Meridian shall be revised as follows: a.) Include tree class in the plant palette. b.) Include a detail of the gazebo (i.e. picture) on the plan. c.) Per the approved alternative compliance (ALT-06-004), plant one tree per 35 lineal feet, plus shrubs, lawn or other vegetative ground cover in the buffer between the C-C and TN-R zones. d.) The multi-use pathway adjacent to the Ten Mile Drain shall be a minimum of 10 feet wide, revise plan accordingly. e.) The lots are numbered incorrectly, revise plan accordingly. f.) The trees shown on Lot 6, Block 1 and Lots 5 and 16, Block 2 shall be relocated to within the adjacent 8-foot sidewalk (within tree grates). g.) Depict all tree grate locations on the face of the plan. h.) Depict 10-foot wide landscape buffers and associated landscaping adjacent to all C-C zoned local streets within the subdivision. The buffers shall be designed as set forth in UDC 11-3B-7. The internal landscaping for the individual commercial lots/buildings and parking areas will be reviewed with each individual CZC and are not approved with this final plat Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 16. 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. Exhibit "A' FP-07-017 Harks Canyon Creek Subdivision FP.doc PAGE 3 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 17. 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. 18. 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. 19. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 20. The applicant shall install all mains necessary to provide service; 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 outside of the public right of way. 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. 21. The applicant shall install sewer service to Franklin Road coordinate main size and routing with the Public Works Department. 22. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. GENERAI. REQUIItEMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, 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. Exhibit "A' FP-07-017 Harks Canyon Creek Subdivision FP.doc PAGE 4 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. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the 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 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 RECOMIVVII;NDATION Staff recommends approval of the final plat for Harks Canyon Creek Subdivision (FP-07-017) with the above stated comments and conditions. Exhibit "A' FP-07-017 Hazks Canyon Creek Subdivision FP.doc PAGE 5 Jun 29 2007 2:56PM MUHGE~EIVGINEERInG, InC. 42683 ~MUNGER ENGINEERING, INC. June 29, 2007 City ofMeridian Planning Depar6nnent I{risty Vigil 660 E. Wateztower Ste. 202 Meridian, Idaho 83642 RE: Harks Canyon Creek Subdivision Dear I{risty; I have received your comments dated June 28, 2007 on the Harks Canyon Creek Subdivision. For ease of review I will address these comments in the order they are stated. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-05-056), development agreement (inst. # 1Ob180812), conditional use permit (CUP-0~-051) and preliminary plat (PP-05-058) for this subdivision. Noted 2. The Fins! Plat approval for this subject phase shall expire on 04/25/08, if the City Engineer's signature has not been obtained. Noted 3. Prior to submittal for signature by the City Engineer, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. Noted 4. Provide instrument number for Franklin Road Right of Way on tbe face of the plat. This number shall be provided 5. Provide instrument number for the 20-foot sidewalk easement along Franklin Road on the face of the plat This number shall be provided 6. Per the development agreement a certificate of zoning compliance shall be submitted prior to any future development in the TN-R and C-C zones. Noted, the developer shall comply P-2 r_Xn~b~~ °t~^ 4090 WEST STATE STREET, SUITE 29 BOISE, IDAHO 83743 PHOfYE: (208) 426-8314 -FAX: (208) 426-8319 Jun 29 2D07 2:56PM MUNG~ENGINEERING,INC. 4268 p.3 7. All dwelling units within the TN-R district shall have a nunimum of two lights at the front of the unit, In addition, all dwelling units on alley accessed properties shall have a minimum of two lights along the alley. Al] lighting shall prevent uplighting and shall be on a photocell that activates the lightening at dusk and rums it off at dawn. Submit plans with each building pettnit application in the TN-R district showinglstating compliance with these Lighting requirements. Noted, the developer shall comply 8. The eight-foot wide sidewalks with tree grates, located within the TN R zone, shall be constructed to meet all ADA requirements. 't'he tree grates shall be located sheet side (near the curb, leaving a clear zone on the opposite side of the street). Noted, the developer shall comply 9. Per UDC 11-ZB-3, the applicant shall install 10-foot wide landscape buffers adjacent to all C- C zoned local streets within the subdivision. Crraphically depict a 10-foot wide landscape buffer easement adjacent to the commercial portions of S. Ward Way and S. Cancreek Way on the face of the plat. Noted, the developer shall comply 10. The private streets (S. Ward Lane and S. Cancreek Lane, both a portion of Lot 5, Block 3) shall be constructed per UDC I 1-3F-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 crab shall be painted red; post the private street "No Parking". Gates or other obstacles shall not be allowed. Construct a 5-foot wide sidewalk on each side of the private street, as proposed. Noted, the developer shall comply 11. The alley lots, Lot 2, Block 1 and Lot 4, Block 2, and the east-west portion of Lot 5, Block 3 shall be constructed pcr UDC I 1-6C35. The alley shall have a minimum of 16 feet of paving, serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the adjacent public/private street provide a minimum of 28 foot inside and 48-foot outside fuming radius. No parking shall be allowed on either side of the public or private street within SO feet of the alley entrance as measured from the centcrline of the alley, and the alley shall be designed so the entire length is visible from a public street. Noted, the developer shall comply 12. Prior to signature of the fnal plat by the City Engineer, the applicant shall pro~~ide a copy of a recorded crass access easement to all commercial lots within the subdivision and to the property west of the site (Parcel t1 S1214120630) adjacent W Lot 1, Block 1, via Lot 2, Block 1 and to the properly to the east from Lots 21/22, Block 3. Noted, the developer shall comply 13. Unless a development application has been submitted for the southern portion of tltis development, surety shall be provided for the construction of the multi-use pathway and Exhibit °Q" Sun 29 2D07 2:56PM MUHG~ENGIHEE#2ItyG, INC. 42683 p.4 bridge connecting this phase to the Ten Mile Drain prior to the issuance of the first certificate of occupancy in the subdivision. Noted, the developer shall comply 14. 15. Revise or add the following note,{s) on the face of the plat prepared by Waite land Surveying, LLC, Inc., stamped on l14lOS/07 by Todd R. Waite, prior to signature of the final plat by the City Engineer: 4.) Revise to read "... ' Gede the City of Meridian's applicable zoning code at the time of submittal " 7.) Revise to read "Lot ~ 20 Block 3 is a .. 8.) Include instrument number. 10.) Include instrument number. ".) Add a note: "Lot owners are restwnsible for maintenance of any irri~alion/draina eg_pipe or ditch crossing their lot unless such responsibility is assumed by an irri~tion/draina,~e enrity." *.) Add a note, `"I7~te bottom elevation of house footiIIQS shall be set a minimum of 12 inches above the highest known normal around water elevation " *.} Add a note addressing who is responsible for the maintenance of the landscape buffers adjacent to Franklin Road, S. Cancreek Way, and S. Wazd Way. rioted, the plat notes shall be changed prior to signature by the City Engineer The landscape plan, prepazed by Jensen Belts Associates, stamped April 20, 2007 by the City of Meridian shall be revised as follows: a.) Include tree class in the plant palette. b.) Include a derail of the gazebo {i.e. picture) on the plan. c.) Per the approved alternative compliance (ALT-06-004), plant one tree per 351ineal feet, plus shrubs, Iawn or other vegetative ground cover in the buffer between the C- Cand TN-R zones. d.) The multi-use pathway adjacent to the Ten Mile Drain shall be a minimum of 10 feet wide, revise plan accordingly. e.) The lots are numbered incorrectly, revise plan accordingly. f.) The trees shown on Lot 6, Block l and Lots 5 and 16, Slock 2 shall be relocated to within the adjacent 8-foot sidewalk (within tree grates). g.) Depict all tree grate location on the face of the plan. h.) Depict 10-foot wide landscape buffets and associated landscaping adjacent to all C-C zoned local streets within the subdivision. The buffers shall be designed as set forth in LAC 11-3B-7. The internal landscaping for the individual commercial lots/buildings and parking areas wilt be reviewed with each individual CZC and ate not approved with this final plat Submit three copies of the revised landscape plan to the Planni-tg Department prior to signature of she ftnal plat by the City Engineer. Noted, the landscape plan shall be revised as per recNested and copies shall be submitted prior to signature by fhe Ciry Engineer. i:,n~n~~ ..n.. Jun 29 2007 2:56PM Ml!<yG~EhIGINEERIfyG, INC. 42683 P, S 16. Prior w signature of the final plat by the City Engineer, the applicant shall pmvide 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. Noted, the developer shall contact the Meridian Postmaster and a letter will be provided prior to signature by the City Engineer. 17. All azeas 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 11-38-11 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-1 1, then the applicant shall relocate the facility. This may require lasing 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. We concur with the exception of the existing water amenity located on Lots 20 and 21 of Block 3. 18. All fencing installed on the site must be in compliance with L'DC I 1-3A-6 and 11-3A-~, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where peratanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Noted 19. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Noted 20. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Deparhnent, and execute standard forms of easements for any mains that are required to provide service outside of the public right of way. Minimum cover over sewer mains is three feet, if cover fitirn top of pipe to sub-grade is less than three feet, than alternate materials shall be used in confonnence of Ciry of Meridian Public Works Departments Standard Specifications. Noted, the developer shall comply 2I. The applicant shall install sewer service to Franklin Road coordinate main size and routing with the Public Works Department. Per our phone conversation with Kristy Vigil, Meridian Planning Department and Scott Steckline, Public Works Department, dated June 29 2007, the applicant will work with staff to address all redline comments to the construction plans. 22. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for Jun 29 2QQ7 2:57PM MUNGE~HGIhEERING,INC. 426831 the payment of assessments for the irrigable common areas prior to signature on the f nal plat by the Meridian City Engineer. Noted, the developer shall comply GENERAL REQUIREMEI\'TS The Developer shall comply with General Requirement 1-11 as noted. Thank you for your time and consideration on this matter. If you have any questions please feel &ee to centact me or Matt M Munger in our office 426-$314. Sincerely, Cara Duskey Development Services Cc: Lang Vau Hess Jane Suggs p.6 Exhibit "B" June 29, 2007 MERIDIAN CITY COUNCIL MEETING MFP 07-004 APPLICANT The Land Group, Inc. ITEM NO. 1~ REQUEST Final Plat Modification not to construct a sidewalk adjacent to the north portion of Jericho Road and not to construct fencing adjacent to Lots 12 and 14, Block 3 as approved on the final plat landscape plan for Hightower Subdivision - SWC of Chinden Boulevard and Jericho Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Staff Comments ~prov~ No Comment See attached Comments OTHER: See attached Letter from COMPASS /The Land Group Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: June 29, 2007 MERIDIAN CITY COUNCIL MEETING July 3, 2007 PP 07-009 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 11 REQUEST Continued Public hearing from June 5, 2007 -Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-0 zone for Meadowlake Village North -southeast corner of Franklin Rd 8~ Touchmark Way AGENCY CITY CLERK: CITY ENGINEER: COMMENTS See Previous Ifem Packet /Minutes CITY PLANNING DIRECTOR: See attached Requesf for Continuance CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CQ~n~~ i~'l.l.~~~ CITY BUILDING DEPT: ~ '~-~"~'~ -ate 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 meeflngs shall become property of the City of Meridian. June 29, 2007 CUP 07-008 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 12 REQUEST Continued Public Hearing from June 5, 2007 -Request for a CUP approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North -southeast comer of Franklin Rd 8~ Touchmark Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached Request for Continuance eorLt~r~us.~ R,~~.c~-~ng ~~~~'U~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. June 29, 2007 VAR 07-008 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 13 REQUEST Continued Public Hearing from June 5, 2007 -Variance to the UDC 11-6C-3B4 which limits cut-de-sacs to a max, of 450 feet for Meadowlake Village North -SEC of Franklin Road and Touchmark Way AGENCY CITY CLERK: CITY ENGINEER: COMMENTS See Previous Item Packet /Minutes CITY PLANNING DIRECTOR: See attached Request for Continuance CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ -,s'--~ „~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. June 29, 2007 MI 07-006 MERIDIAN CITY COUNCIL MEETING July 3, 2007 APPLICANT Touchmark Of the Treasure Valley, LLC ITEM NO. 14 REQUEST Continued Public Hearing from June 5th -Misc. App.to amend the previously approved DA for Touchmark Living Center (AZ 99-021) by amending the approved phase boundaries 8~ various other provisions for Meadowlake Village North -SEC of Franklin Road and Touchmark Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Previous Item Packet /Minutes See attached Request for Reconsideration ~-onb~nu~ Pu.~~i~ec~~.r~ io 1--1-o-t See attached Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of The City of Meridian. June 29, 2007 _ MI 07-008 MERIDIAN CITY COUNCIL MEETING JUIy 3, 2007 APPLICANT Landmark Development Group ITEM NO. 1S REQUEST Continued Public Hearing from June 19, 2007 -Request for a Miscellaneous Application to modify the recorded DA (Inst. 104107406) to remove the requirement for all future uses to obtain CUP approval for Gateway Marketplace - 3205 East Ustick Rd. AGENCY COMMENTS CITY CLERK: See Previous Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments 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: ~~prove. Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian.