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HomeMy WebLinkAbout2007-01-16 a 4 + trr , CITY OF ~ ~~ ,I _- ~- ti eri~i~n ~ h F~ ~q ~ TAF.nsuae V ~~ ~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 16, 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 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: /josh Jc~(c.~ ~®~o /73 ~~~ie% ~®~r~~, ~/~~y 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: ~~sr*~'`taL 4. Adoption of the Agenda: ~v~ 5. Consent Agenda: A. Approve Minutes of December 19, 2006 City Council Regular Meeting: ~ ~~j.,N,,,,~ B. SHP 06-011 Request for a Short Plat for 12 units within 1 office building, on 1 building lot on 7.68 acres in an L-O zone for Touchmark Medical Condo Subdivision by TBID-MOB1-SL, LLC - 3525 East Louise Drive: ~~d,.-i, ~ C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: u.~~,~v~e., Meridian City Council Meeting Agenda -January 16, 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. D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Hiahwav District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: f ~~~,r~ v~- E. Development Agreement: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: ~ry7 '°w~ F. Approval of New Beer and Liauor License for Blue Ribbon Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle Road: ~~~~vv~ G. Water Main Easement Agreement for Bridgetower Retail Buildings by Primeland Investment Group: ~~~ ,vv~- H. Resolution No. ~ 7~ .~~ ~ Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: G~jrr~we._ I. Resolution No. ~ ~ - -~ ~ ~o For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: ~~°r'~'~~ J. Agreement to Transfer Property for 1986 Pierce/Ford Suburban Pumper Fire Engine from the Meridian Rural Fire Protection District to Boise County: ~~~d ~ K. Sanitary Sewer and Water Main Easement Agreement for Doris Subdivision (lots 1-3, block 2) by Seagle Three, LLC: L. Water Main Easement Agreement for Exceed Learning Center by Exceed, Inc.: G;~~~e,,..e.~ M. License Agreement with Nampa Meridian Irrigation District for Pathway for Cabella Creek Subdivision: G~°},,~,~ v.,~ N. Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: ~~~ ~,,,~ Meridian City Council Meeting Agenda -January 16, 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. C~ • O. Water Main Easement Asareement for Candlewood Suites by T(~ Silverstone Way, LLC: ~y~•~ 6. Department Reports: A. Parks Department 1. Parks and Recreation Commission Recommendation of Name of Park in Bainbridue Subdivision: W~//~a~Waffa,~, ~a~L 2. Approval of Park Direction Signs for Roadways: ~-- B. Planning Department 1. Discussion / Follow Up of ACHD Five Year Work Program: wfyL ~ ~'~ ~~ 7. Items Moved from Consent Agenda: ~n~- 8. FP 06-055 Final Plat approval for 70 single-family residential building lots and 4 common lots on 18.21 acres in an R-8 zone for Ventana Subdivision No. 2 by Ventana, LLC -north of McMillan Road on Meridian Road: ~ `r~rb w°' 9. Public Hearing: AZ 06-031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Rid4e Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: C~.~h~ ~/~. fr, /-23-0~ 10. Public Hearing: PP 06-031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridae Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: c ~-fi rL rrc. p/!1 r~ / Z 3 -0 7 11. Public Hearing: Proposed Fees for Mayor's State of the City Address to offset costs for the event: ~~~~ ~`~,, 12. Resolution No. O 7^ ~~~ Adopting Fees for the Mayor's State of the City Address: ~ ~'~-~owci Meridian City Council Meeting Agenda -January 16, 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. 13. Ordinance No. O 7^ l2 S~ Az 06-049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larksuur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: ~~,-,.7,~,c. 14. Ordinance No. ~ 7 - j 2 ~ ~ AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: G~~o ~ Meridian City Council Meeting Agenda -January 16, 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. ~~~5-~ ~~~ ~v~t~~~,~,. ' rye = ~c~~,,~ ~_ ~; +. CITY OF +~ - eri~d~-n ~a~a s FC e ~~ ~.TREASLtREV,.uE'~ 713 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, January 16, 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 best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 19, 2006 City Council Regular Meeting: B. SHP 06-011 Request for a Short Plat for 12 units within 1 office building, on 1 building lot on 7.68 acres in an L-O zone for Touchmark Medical Condo Subdivision by TBID-M061-SL, LLC - 3525 East Louise Drive: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: Meridian City Council Meeting Agenda -January 16, 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. D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Hiahwav District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: E. Development Agreement: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: F. Approval of New Beer and Liauor License for Blue Ribbon Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle Road: G. Water Main Easement Aareement for Bridaetower Retail Buildmas by Primeland Investment Group: H. Resolution No. Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: I. Resolution No. For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: J. Aareement to Transfer Property for 1986 Pierce/Ford Suburban Pumper Fire Engine from the Meridian Rural Fire Protection District to Boise County: K. Sanitary Sewer and Water Main Easement Aareement for Doris Subdivision (lots 1-3, block 2) by Seagle Three, LLC: L. Water Main Easement Aareement for Exceed Learning Center by Exceed, Inc.: M. License Aareement with Nampa Meridian Irrigation District for Pathway for Cabella Creek Subdivision: N. Hold Harmless Aareement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: Meridian City Council Meeting Agenda -January 16, 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. O. Water Main Easement Agreement for Candlewood Suites by TQ Silverstone Way, LLC: 6. Department Reports: A. Parks Department 1. Parks and Recreation Commission Recommendation of Name of Park in Bainbridge Subdivision: 2. Approval of Park Direction Signs for Roadways: B. Planning Department 1. Discussion / Follow Up of ACHD Five Year Work Program: 7. Items Moved from Consent Agenda: 8. FP 06-055 Final Plat approval for 70 single-family residential building lots and 4 common lots on 18.21 acres in an R-8 zone for Ventana Subdivision No. 2 by Ventana, LLC -north of McMillan Road on Meridian Road: 9. Public Hearing: AZ 06-031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: 10. Public Hearing: PP 06-031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: 11. Public Hearing: Proposed Fees for Mayor's State of the City Address to offset costs for the event: 12. Resolution No. Mayor's State of the City Address: Adopting Fees for the Meridian City Council Meeting Agenda -January 16, 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. ~ ~ Broadcast Report ~ ~ Date~me 01-02-2007 LocaIID 1 2088884218 Local ID 2 10:56:32 a.m. Transmit Header Text City of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line Z This document :Failed (reduced sample and details below) Document size : 8.5"x11" Total Paaes Scanned : 9 ~LQ(x.$e~ -~aSt ~'' ~u.ht~~cr 7'~-fice..- ~G~c~rks,i NOT3Cf OF PUi3LlC HF.ARINt3 NOTICE IS HEREBY GIVEN pursuant to the OrdGeanoas of the City of tu4srtdlan and the Laws of the State of Idaho, that the CHy Cour-cii of the City of Meridian will hold a public treating at the Meriden C-ly Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 pro. on Tuesday, January 18, 2pDT, for adoptlon of proposed fees for the Mayor's Smote of the Cfty Address; The proposed fees areas follows: Title Sponsor $2000.00 Feature Sponsor $1000.00 Reception Sponsor $250.00 Reserved Seatir-g in Bbcks of Ten $100.00 Open Seating $16.00 per' person The proposed fees wpl be collected to offset the cost of this aped everrt. More Information on the alcove public hearing Item is available fi the City Clerk's owe at tVferldien City HaQ, •33 East Idaho Avetxte, and is available for Inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 6:00 p.m. Any and atf interested paisona shag be tteatd at saki public hearing, and the public is welcome and invked to submit testimony. Oral testimony may be timked to three {3} minutes per penmen. Written matetials should be submitted to the City Clark no later than seven (~ days prior to the above hearing date so that alt interested parties cosy examirre tlterrr prior to the hearing. Ap materials presented at publk meetings strati become property of the Gity of Meridian. Anyone desrHng aocommodat~n for disabiHHes related to documertts and/or hearings, please cotrtac~ the City Clerk's ~ at 888-4433 at least 72 hours prior to the pubic meeting. ~,a~~~ ",jrrl-4 DATED this 27th day of Darsrnber, 2006 tit _. ~ ~ R ~~~ ~/~>~ WILLIAM G. BERG, Jt'C, OffY ~L ~~-'~-'~" PUBLISH the 1st and 8th of January, 2007 " 'P ~ °~ Total Panoc r:nnArmcel • 7 r. No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 482 3810160 10:36:26 a.m. 01-02-2007 00:00:00 0/1 1 G3 HS FA 002 482 8989551 10:36:26 a.m. 01-02-2007 00:00:18 1!1 1 EC HS CP24000 003 482 8848723 10:36:26 a.m. 01-02-2007 00:00:32 1/1 1 EC HS CP14400 004 482 8886854 10:36:26 a.m. 01-02-2007 00:00:15 1/1 1 EC HS CP28800 005 482 8985501 10:36:26 a.m. 01-02-2007 00:00:32 1/1 1 EC HS CP14400 006 482 8467366 10:36:26 a.m. 01-02-2007 00:00:15 1/1 1 EC HS CP28800 007 482 8950390 10:36:26 a.m. 01-02-2007 00:00:15 1M 1 EC HS CP31200 • Meridian City Council Meeting January 16, 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, January 16, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Ron Anderson, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting. It is Tuesday, January 16th. It's 7:00 p.m. We'd like to welcome you here tonight. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Troop 173. Now, who is your sponsor, guys? Okay. Well, thank you. And thank you for joining us tonight. We will be led by Peter, Donny and Brady. If you will all rise. (Pledge of allegiance recited.) De Weerd: If I could I would like to present you boys -- boys. I know you never know where that voice is coming from. I'd like to present you with a City of Meridian pin to thank you for leading us tonight and wish you luck on your merit badge. There you go. Thank you. Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel: De Weerd: Okay. Item No. 3 is our invocation. If you will all join us in our community invocation or take this as an opportunity for a moment of silence. Tonight we will be led by Pastor Bud Henthom with the Meridian Gospel Tabernacle. Welcome. Henthom: Heavenly Father, we welcome your presence into this place and we pause for a moment amid all of the business of the day to open our hearts and to open our minds to the realization of your closeness and of your grace and of your love. We pray tonight that you would guide these proceedings, that you would guide our hearts. And, • • Meridian City Council January 16, 2007 Page 2 of 63 God, we ask that you would give us the courage tonight to pray the prayer that Jesus prayed when he said not my will but thine be done. God, we want what's best for our country, we want what's best for our city, and we want to be led by you. So, we ask, Lord God, that you would grant us the serenity to accept the things we cannot change, grant us the courage to change the things we can and grant us the wisdom to know the difference, in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: On the agenda in the Consent, Item N has been asked to be pulled, because there is no agreement. H, resolution number is 07-545. I is 07-546. And item -- under the Department Reports, Item B-1, has been asked to be continued to the 23rd of January, 2007. Resolution number on No. 12, Item No. 12, in the regular agenda is 07- 547 and Items 13 and 14, the ordinances on the regular agenda is 07-1288 and 07- 1289. And with that I move we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as noted. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 19, 2006 City Council Regular Meeting: B. SHP 06-011 Request for a Short Plat for 12 units within 1 office building, on 1 building lot on 7.68 acres in an L-O zone for Touchmark Medical Condo Subdivision by TBID-MOB1-SL, LLC - 3525 East Louise Drive: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 053 Request for Annexation and Zoning of 2.0 acres from RUT to a Meridian City Council January 16, 2007 Page 3 of 63 L-O zone for Ada County Highway District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: E. Development Agreement: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: F. Approval of New Beer and Liauor License for Blue Ribbon Artisan's Bistro by Artisans Properties, LLC, at 1441 N. Eagle Road: G. Water Main Easement Aareement for Bridaetower Retail Buildings by Primeland Investment Group: H. Resolution No. 07-545 Appointments for Board Members and Alternates to the Valley Regional Transportation Authori I. Resolution No. 07-546 For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit: J. Agreement to Transfer Property for 1986 Pierce/Ford Suburban Pumper Fire Engine from the Meridian Rural Fire Protection District to Boise County: K. Sanitary Sewer and Water Main Easement Aareement for Doris Subdivision (lots 1-3, block 2) by Seagle Three, LLC: L. Water Main Easement Agreement for Exceed Learning Center by Exceed, Inc.: M. License Aareement with Nampa Meridian Irrigation District for Pathway for Cabella Creek Subdivision: O. Water Main Easement Aareement for Candlewood Suites by TQ Silverstone Way, LLC: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 16, 2007 Page 4 of 63 Bird: I move we approve the Consent Agenda, which includes Item H, Resolution 07- 545 and Item No. I, which is resolution 07-546, and Item N has been asked to be pulled. And with that I move that we approve the revised agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion on this item? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department 1. Parks and Recreation Commission Recommendation of Name of Park in Bainbridge Subdivision: De Weerd: Okay. Item 6 under Department Reports, I'll start with the Parks Department, approval of the park direction signs for roadways. Strong: Thank you, Madam Mayor, Members of the Council. In our January parks and recreation commission meeting the commission reviewed a request from the developer at Bainbridge Subdivision to change the name of the park that will be constructed in that subdivision to William Watson Park. The reason this came about is that the developer, because of the amount of the donation toward that park has naming rights to the park and was requested to look at a name that wouldn't be confusing with the subdivision name and so this is the proposed name. It was reviewed by the commission and recommended for your approval. De Weerd: Okay. Thank you, Mr. Strong. Any questions by Council? Okay. Hearing none -- Mr. Strong, are you looking for a motion to accept these signs or -- Strong: There was some discussion about whether further action is needed. I brought this item forward, I think certainly approval by the Council kind of cements the name change. We are looking at naming policy right now for parks and what needs to take place, since it's already in policy and developers that make significant donations to a park have the naming rights to the park, it's a requested name change from the developer. So, with your approval we would make that official name change in documents and at this point it's budged items and reference to the park, since there is not any development going on there currently. Meridian City Council January 16, 2007 Page 5 of 63 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Doug, repeat the name that you're going to name it. Strong: Excuse me? Bird: What's the name you're naming it? Strong: The name that's requested is William Watson Park. Bird: William Watson? Strong: Yes. Bird: Okay. Madam Mayor? De Weerd: Yes. Bird: I would move that we rename Bainbridge -- the park in Bainbridge Subdivision to the William Watson Park. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the name of William Watson Park for the Bainbridge Subdivision Park. Any discussion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just very briefly. Anytime we get a chance to acknowledge and recognize a developer who makes the efforts in contribution to donate park land, I know Mr. Strong and parks and rec commission are greatly appreciative each and every time that opportunity comes around and to the extent that we can to take the opportunity to allow those who make such donations naming rights to the park, I am a hundred percent in favor of that, in favor of the name change, and anytime there is an opportunity to publicly express the city's thanks for that type of donation and generosity towards the city, we will take that opportunity. De Weerd: Thank you, Mr. Gorton. I also might note that Mr. Turnbull -- this is, like Mr. Strong said, after his father. These are his father's first name and middle name. When I -- I was asked by the commission to talk with him, because of their concern that Meridian City Council January 16, 2007 Page 6 of 63 Bainbridge would feel that it's their private park and we have had similar situations at parks in subdivisions that are named after the subdivision and so he was very interested and in looking at this as an opportunity for carrying on a legacy for heritage and, certainly, I appreciate that. I know we talked at length about his father and what this means. So, I appreciate this motion. I will ask Mr. Berg to call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. Strong: Great. Thank you. Madam Mayor, Members of the Council, just as one further clarification, Mr. Baird is going to do some language drafting in our park commission naming policy that when we have significant donations like this in the future that it's clear in the naming policy that the name brought forward would not be confused with the name of the subdivision, so that we have that clearly stated in naming policy. So, that when we set out to name a park when there is a significant donation, that the developer, the person that makes the donation, understands that right up front. So, it should help with future naming issues like this. 2. Approval of Park Direction Signs for Roadways: De Weerd: Thank you. Okay. Next item. Strong: Next item is an action from our park commission naming and signing sub committee and a recommendation for a layout for directional signs that would direct public to primarily our neighborhood parks that tend to be in -- located in neighborhoods, rather than on main thoroughfares. The sample sign that you see in your packet is what is required by ACRD for road signage. We would be required to produce the signs and, then, ACHD would place the signs and help direct people to the park. And the sample for Seasons Park that you see, just so that you have a visual reference, if you're driving on Black Cat now toward the Lake View Golf Course, you will see a directional sign that directs you to Lake View Golf Course. A sign would be located in a similar location to direct you the other way to Seasons Park and, then, once you're in the neighborhood another sign that would point the way into where the neighborhood park is. We plan to have these signs put together for all of our current neighborhood parks that are open for the public. So, with your approval we will go ahead and get the signs made and request that ACHD place them. De Weerd: Okay. Any questions, Council? Mr. Rountree. Rountree: Madam Mayor, just a process or question about maintenance. Do we have an agreement with ACHD to maintain these signs once they are placed or they are just going to install them and if they happen to get run rover we have to bring forth a new sign and will they work with us when we know that happens, so -- Meridian City Council January 16, 2007 Page 7 of 63 ~ i Strong: Madam Mayor, Councilman Rountree, Members of the Council, you know, I'm not sure of the process for that. That's a question I have not thought to ask. I know that our investment up front for the signs is fairly important, because they are about a hundred dollars a sign, because they are on a fairly thick aluminum stock and there is a reflective vinyl adhesive surface that's put on the sign. So, I can certainly find that out. I'm not -- I'm not sure what -- I know that they say that they place the signs, that we can't place the signs, so I don't know whether that means that they also maintain them or not. I don't have an answer for that. Somebody from ACRD here might have an answer, but -- De Weerd: Yeah. We will ask -- he doesn't know. Strong: Okay. De Weerd: But maybe he can get information back to us. Thank you. Borton: Madam Mayor? De Weerd: Yes. Borton: I guess, Doug, if there is information coming back, is it -- is this the design, the one and only size and shape and dimension that is placed by ACRD or if you had your druthers would you have a different design or size, more visibility or something different? Strong: Madam Mayor, Councilman Borton, Members of the Council, I believe this is -- this is the standard that's being established by ACHD. I have questioned the color and, apparently, there has been some adjustment at ACRD for directional signs in the color and it's my understanding that this bright green is the color for directional signs as well. So, we are trying to follow -- and they have actually worked with Signs Etc. that does our signs to present them with the standards that the signs would have to be produced to, so that we know the cost and what we are looking at. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I guess my question is only directed toward if you wanted to have a sign that was twice the size, does ACHD, then, say if it's any different than these dimensions we will not place it? Do you have those types of restrictions? Strong: I don't know about that. I have only worked to try and meet their standard and one of the concerns -- and the reason I bring the sign forward is it also has our city logo on the sign, so I -- it's my feeling that whenever we are using the city logo on anything we should -- there should be some approval at a Council level for the placement of Meridian City Council January 16, 2007 Page 8 of 63 anything that uses the city logo. And I assume the logo is not changing and stays the same and, you know, all that kind of thing, so if there is anything different with that or if you don't want -- but I think the city logo helps identify it as a city park, rather than say a homeowners park in that neighborhood. So, those are the kinds of considerations that I was looking at so far. I think certainly ACHD would want some consistency in the size of the signs that provide direction either to the golf course or a park and when you look at signs being side by side -- and I used the Black Cat Road as an example, because there is a directional sign to Lake View Golf Course there already, so I think they would want to keep them consistent, but I don't know that for sure. Borton: Okay. De Weerd: Mr. Strong, then, when we had our city limits and population signs updated they brought back -- or Steve Siddoway had brought back a map of where those signs would be located. Would you be able to do that and have Council look at that before those signs are placed? Strong: I could. De Weerd: Okay. Let's plan that. Strong: I know that in talking to the individual at ACHD that if our signs, the placement, he's looking at what -- the directions that are on our city website to get you to a neighborhood park and obvious intersections and comers where you would need to make a tum. So, that's how they are deciding on where the signs should go and, obviously, how many we would need to get you to a particular park. Certainly I think Kiwanis Park's going to be our most difficult park to sign. De Weerd: Oh, my gosh, no kidding. Rountree: Paint a line. Strong: We haven't quite settled on that yet. De Weerd: Okay. Zaremba: That one needs an orange stripe down the center of the road that just meanders. De Weerd: And that's for dummies like me. If you could bring that back, that might have more eyes looking at it to make sure if those aren't placed in logical places, maybe it's also the directions that don't make a lot of sense. Strong: Okay. And do you want an answer about the size of the sign as well at that time? Meridian City Council January 16, 2007 Page 9 of 63 De Weerd: Mr. Borton? Borton: Madam Mayor, I think you're asking ACHD about maintenance expenses, might as well get the information on a size option if there are any. Strong: Okay. De Weerd: Okay. Strong: Thank you. B. Planning Department 1. Discussion / Follow Up of ACHD Five Year Work Program: De Weerd: Thank you. Okay. Item 6-B is our planning department. Anna. Canning: Madam Mayor, Members of the Council, it was -- this item was continued. It was our understanding that we would send you a letter and it would be put on the Consent Agenda, if you all were agreeable, or I could bring back a planning department report. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-055 Final Plat approval for 70 single-family residential building lots and 4 common lots on 18.21 acres in an R-8 zone for Ventana Subdivision No. 2 by Ventana, LLC -north of McMillan Road on Meridian Road: De Weerd: So, we will move to Item 8, which is FP 06-055. Canning: Madam Mayor, we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve FP 06-055, final plat. Borton: Second. Meridian City Council January 16, 2007 Page 10 of 63 ~ ~ De Weerd: Okay. I have a motion and a second to approve Item 8. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: AZ 06-031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Ridcte Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: Item 10: Public Hearing: PP 06-031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridae Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: De Weerd: Thank you. Items 9 and 10 are public hearings on AZ 06-031 and PP 06- 031. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the South Ridge project. It's located on the south side of Overland Road, extending the entire mile between Ten Mile and Linder. The applications include annexation and zoning with a concept plan and a preliminary plat for a portion of the property. This is the aerial. As you can see it's largely undeveloped at this time. This is a revised preliminary plat. And this is the concept plan with zoning and I will leave it on this diagram as I explain a little bit more the details. Now, the applicant has a very detailed presentation and he will get into more of the design aspects of the subdivision. I'm going to hit the highlights of the staff report, which Mr. Hood was proud to say beat all previous records for length and complexity of staff reports previous to this item, so it is rather substantial. One of the applications is for preliminary plat approval. The preliminary plat approval is for 189 residential lots, 11 commercial or other building lots, and 31 common lots. The commercial lots are primarily in the northeast comer of the property and along -- extending along Overland Road. Of the 239 total lots, eight are mega lots that are going to be re-platted. So, as you see the preliminary plat, you will see large lots that are defined by the road system that's proposed, but these are not -- they are proposed for -- as a single lot at this time will be re-platted. Of the 11 commercial or other building lots, nine are for retail, office, or other commercial uses; one is designated for an elementary school site, and one is designated for a library site -- public library. One of Meridian City Council January 16, 2007 Page 11 of 63 • the common lots is also proposed for a city park and I have lost the city park. There we go. And a portion of one of the mega lots is also proposed to contain a future fire station and that will be near Ten Mile Road. It's located there. The average residential lot size, including the mega lots, 6,614 square feet. In this case there is a wide variety, so that is just truly an average. Approximately 13 percent of the site or 38 acres in total is being set aside for open space and the applicant, as he goes through the -- his presentation, you will note that they are proposing larger lots along the south where they border the rural estates. The gross residential density, again, not including the mega lots, is 3.22 dwelling units per acre and a net of 6.58 dwelling units per acre. Those are two -- the reason they are so different is that a lot of the public dedicated amenities are in the first plat. Now, I'm going to go through some of the highlights of the annexation and the proposed development agreement. The request for annexation and zoning is for 290.87 acres and they are proposing a mix of zones, including R-8, R-4, R- 2, TN-C, L-O, and TN-R. As part of the submittal the applicant provided a master concept plan for the entire 290 acres and this is that one shown with the zoning, including how the mega lots will be developed in the future. So, you can see them sketched in here, but he is not asking for preliminary approval of those at this time. The applicant anticipates 1,252 total residential units on this property, 737 of those would be single family and 515 would be multi-family. Consistent with the draft Ten Mile area plan -- and I can get into that in a moment -- the applicant is proposing to relocate Overland Road. Instead of the straight alignment it will dip down to the south, to intersect Ten Mile Road approximately 2,100 feet south of its current intersection. And this was done and discussed during the Ten Mile charrette process to avoid the site constraints and development constraints associated at that intersection. It also helps to avoid some of the issues associated with the historic elements on the Ross property, which is in the -- just to the north and west comer of the -- so, it would be the -- sorry. It would be the southeast comer of the intersection or the overpass. The applicant is also proposing to construct streets from Overland and Linder Road through the site and as you can see there is an integrated system or network of streets. There are two public street intersections proposed with Linder Road on the east side of the property and there are four public street intersections and one driveway proposed with Overland Road. There is also one public street, the realigned Overland Road, and no driveways proposed to intersect Ten Mile Road. So, that would be the only intersection with Ten Mile Road. And the applicant is proposing to construct Overland Road from Linder Road to Ten Mile and Southern Way and South Ridge Drive and American Frontier Drive. So, those are the streets proposed with this subdivision. I did want to mention a little bit about the landscaping, because this was kind of a different policy. Generally, when a preliminary plat comes forward we do require street buffers along the arterial streets. In this case, because the preliminary plat is so large and includes the mega lots, the applicant has asked to tie the construction of those landscape buffers more with the redevelopment of the mega lots. So, we are platting the landscape lots now, but they will be constructing or installing the vegetation in phases. And that was kind of anew thing for the city to do, but staff agrees that it's the best thing to do, rather than have the landscaping all installed at once before we can get the systems in place. Property is currently designated mixed use community and medium density residential and that's on the current Comprehensive Plan future land use map and this proposal is Meridian City Council January 16, 2007 Page 12 of 63 consistent with that current Comprehensive Plan and I can show you the current comp plan. Oops. Wrong place. This is the current -- the future land use map. You will notice the neighborhood center. The applicant has shifted the neighborhood center to Linder Road to better - to provide better offset from the proposed interchange. So, this is the general area and the proposal is consistent with the Comprehensive Plan. Okay. As you know, though, we are working on the Ten Mile area specific plan and we have been working with the applicant -- or the applicant was willing to work with us at the charrette to incorporate and modify his design to be consistent with the Ten Mile charrette. So, this is the draft area plan. I just wanted to show it to you. It does show the Overland Road realignment and you will be considering this in the future. But this is consistent with that draft plan. The draft amendment at this time proposes a mix of mixed use commercial near the Linder Road -Overland Road intersection, medium high density along the south side of Overland Road, medium and low density further south, civic for the area shown as the elementary school site near Linder, and the fire station near Ten Mile and, then, open space and parks along the Ridenbaugh and the natural gas pipeline. This is the natural gas pipeline. And mixed use employment area on the north side of Overland Road. So, staffs assessment is that the proposed plan is generally consistent with both the current future land use map and the map amendment that's in draft form. I'd like now to go through some of the site specific development agreement provisions that are listed in the staff report. The first one is that all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road be subject to design review. And that all TN-C zoned lots contain structures that are at least two stories tall and that all commercial buildings in the TN-C zone be located between the public street and the parking lots as shown on the original master concept plan. The second one is that all TN-R zoned lots -- here we have TN-R. This was the TN-C area. And uses will comply with the recently adopted TN-R standards. The TN-C zone area along Overland Road will include at least 20 multi- family dwelling units and the dwelling units being located primarily between Overland Road and any surface parking area. That there only be one -- the one public street access to Ten Mile and no other, not including the fire station and it's subject to ACRD approval. And, then, that a maximum of two public street accesses and no direct lot access or driveways to Linder Road will be allowed on the site. Public street frontage as shown on the revised master concept plan is across-access ingress-egress will be provided to the out parcels located on Linder Road. So, that's that one. There are a couple of private lanes. Windy Ridge Lane and Old Thom Lane, staff has worked with the applicant to make sure that those can go away over time. We believe we have solved those issues, but we are asking that the applicant release any interest in those lanes. Did ask that the city park be located in the first final plat for the development. We asked that any future build-able lot not be encumbered by the existing northwest pipeline easement, so we are basically asking for that to be a lot of its own. We are asking -- we are acknowledging the requested alternative schedule for construction of the required landscaping adjacent to Overland Road, Linder Road, and Ten Mile Road. We are also asking that the elementary school site and the library lot be within the first phase of the development. We are asking that the pathway along the Ridenbaugh be constructed with the first development up to the city park and, then, it will get continued after that. And that the applicant will provide the following amenities: A community Meridian City Council January 16, 2007 Page 13 of 63 clubhouse, pool area, and tot lot on mega lot four. Those are adjoining the public park. That the applicant construct the Black Cat trunk through this development from the intersection of South Linder Road and American Frontier Drive with the first phase of this project. And also and finally -- long list. Sony. We have asked that the -- or the applicant has agreed to limit the height of homes on the southem shared boundary with Val Vista Subdivision and Aspen Cove to a single story. He's also agreed to provide a greater than 15-foot setback along that southem boundary. I do have elevations. Several. They follow patterns or typologies, so here we have the American Farmhouse. These are the Craftsman. American Frontier. Pacific Northwest. Tuscan Farmhouse. These are some of the alley lots and the zipper lots with the offset garages. Some elevations for the Hillside lots. And the landscape plan of the northeast comer. The Planning and Zoning Commission heard these items on July 20th, October 19th, and December 7th. At the December 7th Public Hearing they moved to recommend approval. At that hearing Jim Jewett, Phil Hull, Dan Thompson, Jason Densmer, and Joe Atalla all spoke in favor of the application. There was a very long list of folks that spoke in opposition and those are detailed in your staff report. Commenting was Wayne Amend and we also received written testimony from a number of people, including the Majestic View homeowners association. The key issues of discussion by the Commission were density and transition to the existing lots to the south. The interconnectivity and stub streets to the Val Vista Subdivision to the south. A question of what happens to the existing Overland -Ten Mile Road intersection if Overland Road is realigned to the south. The fencing along the Ridenbaugh Canal. The Ten Mile interchange design and timing and restricting the height of homes to single story and increasing the rear setback on the south side of the project. The key Commission changes to staffs initial recommendation were to limit the height of homes on the southem boundary that is shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story and to consider a larger than 15 foot setback. To also require some L-O zoning along Overland Road to make it a little bit more consistent with the Ten Mile draft plan. To require the city park site to be done with the first phase. And to require at least one future -- at least one future stub to one of the lots within Val Vista Subdivision when Mega Lot 2 develops. The staff report lists three outstanding issues before City Council and, then, I have added a fourth just as an informative item. The first issue is that the Commission did recommend a larger than 15 foot setback for the future homes on the south side of the development. Staff asked that they define what larger than 15 meant and that was not included in their motion, so it is up to Council to provide some definition of that. Staff is proposing the following: That lots adjoining Val Vista Subdivision and Aspen Cove Subdivision shall have a minimum southem setback of 20 feet. So, if that's a side yard, then, it's still 20 feet, if it's a rear yard it's 20 feet. The second item was that as part of the revised master plan for the entire 290 acres, the applicant anticipates 1,252 total residential units on the property, as I mentioned earlier. Staff is requesting that Council add a development agreement provision that limits the maximum number of residents and requires a minimum number of residences. Not residents, residences, excuse me -- for the property. With regard to that, staff is proposing the following language: A maximum of 1,252 residential dwelling units shall be allowed on the property, unless otherwise approved by City Council through subsequent applications. Future development shall include a minimum of 1,000 Meridian City Council January 16, 2007 Page 14 of 63 ~ ~ dwelling units and that was about a 20 percent reduction on the property, unless otherwise approved by City Council through subsequent applications. Third, during the Planning and Zoning Commission hearing the applicant showed several housing types, as you have seen tonight also. Staff has included these in the development agreement and we just wanted to make sure we had a process in place to make sure that those are consistent. So, we are proposing the following: Each residential structure shall be subject to design review. All residential structures shall be generally consistent with the elevations and pictures presented by the applicant on the hearing date 1/16/07 as determined by staff. Staff will insure that such structures are generally consistent with the elevations and pictures presented by the applicant, while providing flexibility and design to allow variety and avoid monotony. And, finally, I just want to -- there was a lot of written testimony about the stub street to the south and I wanted to take just a second to talk about that. You will see Val Vista is a dead end street that goes nearly 2,250 feet, so it's just shy of a half mile. What staff has said is that we need at least one stub street to here. The hope would be that we can eventually connect to Val Vista, which is a public street, to improve the emergency access to those homes on that street and to also allow for future -- the ability of these residents to get out to Ten Mile to a light, as traffic increases on that and if they need to make a left they will be able to do that at the light or to get to the realigned Overland. So, I just wanted to point out that it is a big issue for the neighbors, but staff feels it's very important for the future of the development of the city that we do have that access or that stub street to that property. And with that I will answer any questions or you may want to wait until after the applicant has done their presentation. De Weerd: Thank you, Anna. That was a lot of information. Canning: Yes. And my eyes are going, so next week you get 14 font, instead of 11, so De Weerd: Sounds good to me. Council, any questions at this time? Okay. Okay. Is the applicant here? We have ten minutes for you. If you will, please, state your name and address for the record. Jewett: Madam Mayor, Council, my name is Jim Jewett. De Weerd: Fifteen minutes. We changed it. Just for you. Jewett: My address is 1560 Carol Street here in Meridian. With me tonight I have Jason Densmer and Dan Thompson, my structural and -- my design engineer and my traffic engineer for support for any questions that the Council may have. So, they won't be actually providing any testimony unless it's needed to hopefully shorten the process. I'm happy to -- De Weerd: Jim, just to let you know, that's part of your 15 minutes, so -- Jewett: Okay. Meridian City Council January 16, 2007 Page 15 of 63 ~ i De Weerd: Unless it's questions from Council. Jewett: Okay. I'm pleased to be here tonight to present to you South Ridge that myself and all the team has been working on and are very excited about. I'm going to go through just kind of how we have got to where we are in this process and point out some of the features that we have. As you look at the original -- the existing conceptual plan, it shows a neighborhood commercial in this central area. The reason we relocated it over here was mainly topography. If any of the Council is aware of what this site looks like, it has a flat spot at the comer, it slowly slopes up to the Ridenbaugh Canal and, then, there is a bluff or plateau that sits above the Ridenbaugh. For everybody's information, this is the Ridenbaugh right through here. And everything above here sits on a bluff and it gradually slopes down. So, this area provided the flattest area, which most of Meridian is used to flat -- it provides the flattest area for that commercial development. The school district, which we made a commitment to very early on in the process, needed a very flat area for their school and the second flattest area was right in here and we thought it was important in our design that we incorporate the school, the library, and our retail together, so people coming and going from the school and the library could also use those facilities in the retail commercial, instead of having to pass through a subdivision, it all would be right there, so if they are bringing their kids to an event and they are there for two hours, there is other things they can do, as well as being there, trying to capture more traffic. So, that was the first component of why we brought it over here. And, then, we looked at bringing that traditional neighborhood, the TN-R design, as close to those facilities as possible to incorporate walking to those facilities. So, that's why you see our most densest product along these two roads along the school and the commercial, trying to promote walking and trying to make that -- we call it the village center -- very viable. As we move away from that up the slope, we go to a larger lot, offering amore -- different product type, offering a different design, until we reach up on top where we consider our estate lots. Within our first preliminary plat we gave a little bit of everything, so that we could start the subdivision off and as we move into our other phases we can offer a little bit more of everything and so that's why you see kind of an odd shape for our first preliminary plat and that was to accommodate a mixture of all the home types to really get this subdivision kicked off in the right direction. Also, as far as the recreational components of this, we located the park on -- we wanted to locate it on the bluff and let me scroll ahead to the park. This is the Ridenbaugh and this is up on top of the bluff. These are all bluff lots that would be considered to be a high end view lot. This is a vista point. As you come into this road in here the vista of the valley and what you see of Meridian and the foothills and beyond, will offer a different environment than your typical park. It will offer the ability to sit there and just ponder, to be able to read, to be able to just go out there and paint and to do other activities, other than just going and playing sports. And so it gives them that opportunity. Obviously, as well, it ties into our pathway system that goes along the Ridenbaugh. So, people can come to the park, they can take off and they can jog and they can walk and they can get exercise going up and down these paths. We also did a multi-level, we put a lower park and we have a street coming in here to another little parking lot and this is the lower park and, then, the upper park, which crosses the Meridian City Council January 16, 2007 Page 16 of 63 Ridenbaugh with a foot bridge, again, enabling some multiple uses. We offer the lakes or the ponds in there to offer, again, more of a setting or a feeling of place. Another component we did for the park is we located our pool and clubhouse with a common shared parking lot. It's hard to see here, but there is a property line that goes about through here. This parking lot is for a pool and clubhouse. This parking lot is for the park facilities. So, we kind of -- we want to bring that clubhouse into the whole mix, not to make it feel like a neighborhood park or a park for that subdivision, but just so that there is a cohesiveness so that both uses can coexist. So, that's what drove us putting the park there. Down in the school -- if you notice here in the school we have drawn in two what would be soccer fields. What our thinking was there, we gave about a two acre extra property to the school district, we donated two extra acres to them, for them to have those extra recreational facilities, so we have some more recreational facilities here, some more passive uses here that connect all the way through this pathway system. Off the map a half mile away, of course, is the Bear Creek Park, which offers baseball diamonds and across the street from that is the new middle school site, which will offer some other recreational facilities. So, I think what we have tried to look at is throughout this area how can we address everybody's needs and that's what we have tried to do. That's kind of how we drove our recreational facilities. As was mentioned by Anna, we do have the library site here. The library was a very important component of our village center. We wanted to have a tenant there that would bring people there to make that village center vibrant, that people would want to come to the library, then, go to a coffee shop or cafe or to a little boutique for clothing or a small restaurant. So, it's very important for us that we negotiate early on with the library to make the library a very viable part of our plan and that's located right here. It's kind of a focal point of our entrance into that village center. The reason Iwant -- okay. There has been some question before in the previous hearings on why the mega lots and I want to explain why we did the mega lots. The purpose of the mega lots was so that we could construct all the infrastructure needed -- that we thought was needed for not only our subdivision, but for the area as a whole, because it's been one of our conditions early on with ACRD that we would construct Overland for them under an impact fee agreement and they have moved forward and gotten Overland put into their work plans, so that we can accomplish that. But to do that we had to have platted lots to be able to do public right of way. So, that's why the mega lots. It enables us to build that infrastructure under policy and gives us the flexibility to design those future preliminary plats based on a master plan, but according to what the market is driving us to and what the conditions are needed two, three, five years from now when those mega lots may be replatted. We don't look at this as a two or three year project, but more like a seven to ten year project and we all can see how the market has changed over the last two years and three years. So, by doing the mega lots it gives us the ability to tweak those plats, as long as they are in accordance with those master plans, to adjust to what the exact needs are of the public. So, that's really why the mega lots are there to accomplish that goal. But, again, the master plan is, basically, laid out showing how the density could flow, how the roads that we are proposing to build would tie into the other roads. It also shows how we are providing diversity in this plat. You know, not in the first phase do we show any condos or townhomes, but those will be a component of these larger areas here will be the condos and townhomes. But within the first phase we show alley Meridian City Council January 16, 2007 Page 17 of 63 • loaded lots down to 35 feet and we show estate lots up to 120 foot frontages up to one half acre. The value of that and the benefit of that is a family or an individual or a couple can start at one part of this subdivision and through their years migrate up to whatever level they want to and, then, migrate back down to whatever level they want within the same subdivision and with the desired business center or employment opportunities that would lie along Overland Road between Overland and the freeway, especially with the new Ten Mile interchange, I think it's important that we offer that diversity of housing close to those employment centers to really be able to help attract the top end employers that will want to relocate there, knowing that the housing necessary for all of their employees exists almost within walking distance or I would say within walking distance. So, I think that's important to note in the plat. Let me go to the pathway. I want to touch on the pathway. Do we have a -- this just shows, basically, a pathway plan and the red indicates what would be your all purpose pathway and it does deviate from the Ridenbaugh on a couple of cases and I want to discuss that. Along Ridenbaugh here we only own the downhill side of Ridenbaugh and through Ridenbaugh we propose putting the canal on the uphill side, which would be the safer side of the canal. But where we don't own it we propose bringing it down through a common area through the site and, then, back up to the Ridenbaugh, so we propose this alignment off the Ridenbaugh through the site, back along Ridenbaugh and, then, through this proposed realignment, instead of trying to cross Overland here, we want to bring it up here to where we have an intersection and at this point I think what we'd like to propose for that pathway is a bridge that would cross over Overland Road. Right at this location there is a -- to make Overland fit in here we had to do a fairly large fill in here and, then, a very large cut right in here. So, we are making this V cut in the road -- in the ground that would naturally accept a foot bridge that will go over top of it. So, I think that that -- by bringing it away from the Ridenbaugh in this location and, then, we bring it over to the gas line until we come back to Ridenbaugh. Then, we are utilizing the natural terrain, we are utilizing some different components, instead of just the Ridenbaugh. We come in and out and I think it will just offer a lot more variety to the citizens. Also, it would help tie in this section of the gas line into the pathway system, because we connect right here. And, then, all these blue ones are just interconnecting pathways that would be able to allow people to choose different varieties of ways of getting to and from the multi-use back over to the park system, to the common area and back to the school and to the village center, which, again, we think is very important that we find -- to make it easy for people to walk out their door and walk to those uses, instead of driving. So, I want to -- I would like -- I would ask for the consideration in looking at the pathway system as we have proposed it and not strictly being on the Ridenbaugh for its entire location. Now, you know, I will kind of discuss Overland. The original plan that we submitted back last spring did not include Overland where it exists today, but through the charrette planning, which I thought was a tremendous asset to the city and the public as a whole, this -- a realignment was proposed and I worked with the city staff to come up with what I thought would be a suitable solution, because there is a lot of physical constraints out there and what there is is -- the Ridenbaugh Canal is a very -- very difficult physical structure to pass and, obviously, anybody who drives Ten Mile can see that. So, there is a draw right here and there is a draw right here, so coming out that draw was the only option. So, choosing this location, that's what's Meridian City Council January 16, 2007 Page 18 of 63 U driving this and, then, curving back over. The constraints of how the ground lies is what drove the location. I was very supportive to the point where I amended my plat and resubmitted it to the city, in which P&Z made a recommendation of approval, which included the realignment. What I'd like to ask the City Council today is that if they are supportive of that realignment, that they, obviously, give an endorsement for the subdivision, but also a special endorsement and a recommendation to ACHD that they move forward on approval of the relocation, because ACRD is kind of stuck until this body gives them a direction, because what my offer is -- is like Anna spoke of earlier, is I will construct Overland in its entirety from Linder to where the limits of where ACRD has started their work today, I will construct it from here to here under an impact fee agreement, which will put a missing component of the public infrastructure that's needed out there in place in the shortest time frame possible. With that I think I'm running out. I would stand for any questions. De Weerd: Okay. Council, questions for Mr. Jewett? Bird: Not at this time. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I do have one. To clarify the elevations that have been shown, are those plans -- just to pick some of the names: Tuscan. Craftsman. Frontier. There were a couple others. American Farmhouse. Is the plan that all of the Tuscans would be clustered in one neighborhood and all the Craftsmans would be in another or are these mixed among each other? Jewett: And I apologize that I wasn't able to touch on that, but what our idea is is to create a set of design guidelines that would address the entire plat that would set out architectural guidelines that would be the American Farmhouse or the Craftsman and set design guidelines throughout the entire plat that would cover the commercial or residential and the townhouses that would allow multiple builders to build under one umbrella saying that this is design guidelines that you would have to meet and there would be certain specifics. If they want to build -- if they want to build -- let me get a blow up. Let's say we had one specific builder that wanted to build this block, they could choose four different types within that block, but they have to maintain those guidelines. There would be certain architectural features that will have to be consistent. Now -- and I believe that those set of guidelines would be broad enough to allow three different sets of those styles in one block, but greater than one. I don't believe that one is appropriate. And with that I'd like to offer one other comment. In Anna's report it's recommending that these designs be somehow incorporated into a design review and I agree with that, but I would go a step further and ask that our entirety design guidelines booklet come back for design review approval and that way the entire plat is covered under that plan. So, instead of seeing it on some individual basis, that I be allowed to Meridian City Council January 16, 2007 Page 19 of 63 • o bring back an entire design review guidelines for the entire plat and that it be adopted. Did that answer your question? Zaremba: I think it does. De Weerd: It answered mine, too. You mentioned a bridge over the Ridenbaugh. Have you been working with the irrigation company and had those discussions? Jewett: Yes. Yes, we have. We met with John Anderson on both our two public crossings here and here and our one pedestrian crossing at this location. De Weerd: And? Jewett: My recollection of the meeting was there was no objection to that. De Weerd: Do you have it in writing? I'm not skeptical, but -- Jewett: I understand some of the issues that have been with that particular irrigation district on, but I find them to be -- on this particular project to be workable. They also have an irrigation facility that's going to be located within that same location and I think it would provide them some level of access to their own facilities, so maybe there was some underlying benefit to them that drove them to not having too much of an objection to us putting that bridge in. We already have an existing bridge that's located down, so this would be replacing one with another. De Weerd: Okay. I also understand that the parks -- the parks commission is favorable and this park is a city park. What is the benefit of the community a large, outside of what the residents that would be using it within this subdivision, what would be the benefit to the general public? Jewett: Well, that was a -- that was a question that came up in our first parks meeting of what would the benefit be for the public as a whole, not just the subdivision, and as we worked with the parks department we made some changes to add some things that they wanted in the sports court and some other facilities. But I think overall what you're looking at is a different type of park that people can utilize and I think that the parks department has talked about doing some other sport facility at this park -- not your conventional sports facilities, I think that the parks department could probably answer that easier than me, but what it does it gives you the passive park, not the active. So, it brings the people who don't want to be next to the soccer or next to some activity that's a large scale, that's a small scale, the picnics, the social events that they want to hold outside, because the vistas from this are going to be very tremendous. It's going to offer the citizen who lives in the north side of town to come over who wants to get a workout, who wants to be able to go up and down these pathways because of the terrain and be able to not only experience the outdoors in an active walking or jogging, but be able to have the vistas to go along with it, so -- and what we also talked about with the parks department is -- and he bought the signage, because he wants to put Meridian City Council January 16, 2007 Page 20 of 63 • i signage at this location and we did redesign the roads a little bit to accommodate more of a straight shot into this park system, so that people can get to it, they know it's there. So, he had talked about signage at this location, so people could come right into the park and identify where it is, so it doesn't feel as much like a neighborhood park. I hope that answers your question. But I really see that -- that there would be a lot of people that come there that would bike, that would walk, that would jog, they would walk their dog, that would come there just for those activities, because they can use the pathways and still come back to the park. It has a restroom, it has other amenities. It allows them to drive, park their vehicle off the road, and be able to enjoy a wide range, because they can even walk down to the village center, they can make their way down to the village center and, then, back, since there is so many options. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You heard the discussion from the planning administrator in terms of what their concerns were, issues were, or general comments were. Any of those in particular you have agreement or disagreement with? Jewett: There is only -- and I apologize, it was a very large packet and I did miss one item that Anna had spoke about and that is in the TN-C I believe that she has stated there would be a requirement for two stories in the TN-C. My only objection to that is the library, which as far as I know is the design of the library is a single story. It actually is on a sloped lot, so there is a basement, but it is a single story and, then, with the library we have proposed a day care in the comer and the day cares are generally single story. So, outside of those I believe the design review component of that would be appropriate, but I guess I would object to a two story on those particular uses and I may suggest that instead of just saying two story, recommend two story, but make it a requirement that we come back for design review. That gives the city the opportunity to look at everything. But I know the library design is done and I don't believe it's two story. Rountree: You mentioned that you want to develop design guidelines and you want that to be reviewed by the city. Can I take that to mean that you will do that and the city will have an opportunity to review that? Jewett: Absolutely. Rountree: And, further, can I understand that that will be done before any lot or phase of this subdivision is sold? Jewett: That is correct. Meridian City Council January 16, 2007 Page 21 of 63 Rountree: Okay. De Weerd: Okay. Any further questions from Council? Bird: I have none at this time. De Weerd: Okay. Thank you. Jewett: Thank you. I'm going to leave my presenter here, so that they can scroll back and forth if they need to -- if anybody testifying wants to -- De Weerd: Okay. Thank you. Canning: Madam Mayor, can I comment on a couple things before the public speaks? De Weerd: Yes. Canning: With regard to the design review guidelines, since we don't have them, one option would also be that they could just come in and modify the development agreement once we do have those guidelines in place. Also, I was remiss in not explaining what happened at ACHD regarding this project and I think I can get this right, but it's a little confusing. The applicant's original application did show Overland in its current alignment and we did receive a staff report from ACRD on that alignment. When through the Ten Mile charrette process it was proposed that the realignment of Overland be changed, the applicant was willing to go forward with that. We took it back to ACHD. ACHD was uncomfortable making a recommendation on that until the City Council had given some acknowledgment that they were in favor of relocating Overland. And that's why the applicant has asked that your motion include a specific recommendation on Overland, because they did not want to move forward with such a -- kind of a major change unless the city was comfortable with that change. So, they will go back and review it once they hear from Council with regard to your general thoughts on that alignment. De Weerd: And I realize that during that charrette we had our staff and our departments take a look at that. Any concems of note from Chief Anderson or Lieutenant Overton in the concems? Anderson: Mayor de Weerd, Council Members, our biggest concern is the realignment does not necessarily line up with the next road to the south on Ten Mile and I believe that's Lamont and this road is going to be -- I don't know how many feet, but a few hundred feet to the north of that. So, it's really going to create two intersections that don't line up there and that -- and I understand that the property owners to the south of there just were unwilling to sell the property. So, there is a little bit of an alignment problem with the intersections where the road does curb up and, then, meet back up with Ten Mile and that would be our only concern with that. Meridian City Council January 16, 2007 Page 22 of 63 C~ De Weerd: Okay. Lieutenant? • Overton: Madam Mayor, Members of the Council, I participated in the charrette program as well and our main objective from the police department was the moving of traffic on Ten Mile with the new Ten Mile interchange and the realignment of Overland Road, moving it farther away from that interchange, was by far better advantage to moving traffic through that interstate. I do share the one minor concern, which is how close it is to Lamont. You have got now two intersections to the south so close together. Other than that I think it's a great advantage to what we had before. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I have got a question for Anna and, then, one for Len, actually. Anna, in reference to our comments on ACRD, is it sort of a chicken or the egg situation that we are in? I mean to the extent that Council could very well approve a planned road alignment, but, then, ACHD might not be in agreement with, versus -- do you see what I mean? Then it's perhaps too late when the entire design is premised upon a realignment. Canning: Madam Mayor, Members of the Council, Councilmember Borton, my understanding of the commission hearing was more that they were just waiting to hear from you on your general thoughts. I think that the applicant has worked hard with ACRD staff with -- to make sure that it meets their design criteria, so I don't think it's a chicken and egg. They didn't say, no, we don't want Overland realigned, they said, no, we want to hear from city council before we make any recommendation on the realignment. So, it wasn't -- it wasn't that they were opposed to it, they just wanted to hear from you all. Borton: Okay. Thank you, Anna. Zaremba: Madam Mayor? Oh. De Weerd: Mr. Borton has one more question. Zaremba: I'm song. Borton: One question for Len and it's on page six of the staff report. It makes reference to issues and concerns and addresses the sewer main sizing and routing. I guess could you give us an update of what those concerns and statuses are with the sewer in this area? Meridian City Council January 16, 2007 Page 23 of 63 i ~ Grady: The best I can tell of what they are concerned about there is we have a lift station to the south, which we are finalizing design on, which will pump into this subdivision. So, until we get all that figured out there will be some variability in that -- in that sewer size. Otherwise, we have no concerns over the sewer, provided we can get our easement through the access road there. Borton: Okay. Thanks, Len. De Weerd: Thank you. Mr. Zaremba. Zaremba: If I may, I just wanted to perhaps add a philosophy to a point from ACHD. In the past ACHD has been viewed as big foot and being non-responsive. In the last several years, maybe even a few more, ACHD and the City of Meridian had an extremely cooperative and I think positive relationship. ACHD commissioners and staff are trying to be sensitive to Meridian's need to set the land use before ACHD, so that ACHD is not making the roadways set the land use and my instinct of the commissioners asking not to make a ruling is that they are deferring to Meridian to make the land use decisions first. They did participate in the charrette. They were on board with the realignment. I think they are just trying to be sensitive and not put themselves in a position of telling us what to do. They are asking us to make the decision first. De Weerd: Okay. Thank you. Okay. I do have up. If, when I read your name, you would like to come forward at that time. And I will preface this apologize. Susan Stone signed up against as is. state your name and address for the record. Stone: Susan Stone. 2530 South Del Rey Lane. De Weerd: Thank you. a number of people that have signed provide testimony, if you will, please, by if I say your name really badly, I Good evening. If you will, please, Stone: And my concem is -- my major concem -- and I came to the parks department about it, to their meeting -- was that to put a public park next to a private pool is discriminatory to the people -- to the public that comes and cannot use the pool, so I expect it to be like the park in downtown Meridian where you come to the park or the pool and, then, to have it -- I think it shows segregation and we are better than you, this is our pool, and you can't use it. So, for people who don't live there I think that is unfair. De Weerd: Can you -- and maybe I should ask the director this, but did the commission discuss that and form a -- if the city would be willing to partner to expand that as a public pool? Was there any kind of discussion like that? Stone: They -- you know, it was the second meeting that I didn't attend. The first meeting I did bring it up and they added a few more parking spots, I think was their Meridian City Council January 16, 2007 Page 24 of 63 solution, and, then, my other question was who maintains the entire parking lot, the parks department or the homeowners association. De Weerd: Okay. Thank you. Borton: Madam Mayor? De Weerd: I'm song, Mrs. Stone. Borton: Mrs. Stone? You bring up a point -- and I appreciate you bringing that point up and I was at that parks and rec commission meeting and that topic was addressed by you and several others. That will be one of the questions that I'll ask the applicant to address. Stone: Well -- and I -- Borton: That would invite that confusion where people who want to utilize the city park and, then, want to go take a dip, I don't know how you control that. Stone: Well -- and I have a severely autistic son that's 19, developmentally atwo year old. He's bigger than any of you and you're not going to keep him out of the pool, whether he scratches out eyeballs or pulls hair and he -- and there is several special needs children on Lamont as well that will want to use the park and they are developmentally, you know, two year olds as well, so I think that it's not just one issue, there is several in the surrounding area. Thank you. De Weerd: Thank you. I should have asked my question, because I was going to ask that, but I didn't think I should drop a bomb. You know, I thought it was bomb, so -- okay. Scott Nichols signed up for with modification. Welcome. If you will, please, state your name and address. Nichols: My name is Scott Nichols. I live on 2730 West Val Vista Court. De Weerd: Thank you. Nichols: Madam Mayor and Members of the Council, I think there was a clarification with regard to Ada County Highway District in their process of hearing additional public testimony or their decision on the city. I'm not sure if that was -- if you wanted to enter that into the record or not. Was that the case, Anna? We had several people at the Ada County Highway District and they wanted to make sure it was clear on the record that Ada County Highway District, they understood, was going to seek additional public input, not just City of Meridian input. So, for the record, but -- real quick. As I said, my name is Scott Nichols. I also represent the Val Vista Homeowners and Water Users Association. There are 14 residences on Val Vista Court and if I can figure out how to use this -- probably -- the interconnectivity plan is probably the best map to use here. Val Vista Court -- Meridian City Council January 16, 2007 Page 25 of 63 • i De Weerd: There is a little pointer on there as well. Nichols: I have got it. Thank you. De Weerd: Thank you. Nichols: Val Vista Court, as they said, is 2,200 feet long. It was designed as a rural residential street from Ten Mile, comes down here and dead ends on a circle. This is an unimproved county road. It has no sidewalks. Bare dirt on the sides. Well crowned. Well drained. The owners in this area all have five acre or better lots along Val Vista. We all have stock. Everybody rides horses. Has dogs. Farm fields. The acreage right here I still pasture that in alfalfa. Had a number of comments about this. First of all, we don't object to the subdivision and we think Jim's done a good job, really, in putting up with us and listening to everything that we have had to say. We sort of chided each other there. It was Ten Mile torrid in some cases, but our primary concern is how those lots right there will affect Val Vista -- ingress and egress from Val Vista. We felt so strongly about that that we actually went through the neighborhood and we signed -- when we organized the homeowners association we all established the couple of items for ourselves and that was that we wanted to form the homeowners association. We oppose further development of individual lots within the Val Vista Subdivision. Those lots were not designed and our covenants were never intended to allow redevelopment of any individual five acre lots. They were designed as estate residential. They were sold as view lots. And they do have a great view. Now, we can put up with the development, but we would really like to ask you to take a look at that development again and work with us just a little bit, so that this whole process can go forward. Because after you see the master plan it really does look like a pretty good plan for all that acreage. I can't fault Jim on that. So, the second thing we ask as noted in our sort of declaration is that we oppose extension or connection to Val Vista Court to other adjacent residential areas. We like the fact that it's quiet, that it's a cul-de-sac. That's why people moved there, because there wasn't any interconnectivity. It was all by itself. We really saw that area as an area where people will look out in the future and say, wow, those are five acre truly estate lots, multi-million dollar homes, that was really preserved and, you know, for walking paths, fine. If we want to put a walking path in there and have interconnectivity for walking dogs or whatever, the pipeline is probably a good opportunity for that. But last -- I shouldn't say lastly. We are opposed to any stub street, like I said, and we wanted to insure our covenants were strong and that we opposed any redevelopment of our subdivision into high density. The thing that really, I think, was very disconcerting is that there are a couple of lots that have changed hands and not only did the stub street appear on the very narrowest lot in our subdivision, but it also has already been platted. Or at least put on there by the engineer. And I understand Jim -- you know, he had an interest in the property at one time, I don't know what his interest is now, but we really took exception to have that laid out and the engineer probably said, oh, this is what you might be able to do with it. But that's exactly what we don't want in our five acre subdivision that is not incorporated into the city. It's still in the county. A couple things we would recommend. First of all, it's Meridian City Council January 16, 2007 Page 26 of 63 important to us that the requirements for the master are set now, because we don't want to be back in two or three or four years wondering what's going to happen. And we feel like the issues that we brought up here really focused on the issue of the connectivity -- the connectivity I think that the Council is seeking -- and the protection that we are really looking for in terms of the preliminary and, then, in the final plat. So, here are the things that we'd like to address. First, as the final plat -- or I guess this is the preliminary; correct? As the final plat is established we'd like to make sure that the final plat moves that stub street off of that narrow lot. Whether you want to put it on a 900 foot section of lot over here or my lot to the west or the next lot to the west, doesn't really matter. But it doesn't make sense to put that little stub on that little 250 foot section right there. It's -- we are about the two closest houses in the entire neighborhood and it virtually aims all of the car lights right in my bedroom window. So, I'm definitely not in favor of that. But there is lots of room over here. Now, Del Rey comes right here and that would be a straight shot right to this subdivision over here. Likewise, you could align a road down here if you ever had to in the future or you could align one out here onto Val Vista here. The further west you put it, the less impact there is to our community. The second thing we would like to address is fencing. We would really like to have some sort of solid fence. A vinyl fence we really didn't feel was acceptable. We'd like to really go to a solid concrete stamped fence. Is it okay if I finish? De Weerd: If you will -- yes. We gave you an extended time as the spokes person for your subdivision. Nichols: I will finish up in one minute. De Weerd: Thank you. Nichols: Okay. We agree with the setbacks. We would request that a 50 foot minimum setback, not a 20 foot minimum setback as suggested by staff, with a 22 foot maximum height on the houses. The houses that have been proposed may do that now, but we'd like to set a height limit, not just one story, because there could be differences in that story -- the height -- the elevation of the house. I want to summarize just by saying the stub street -- oh, the stub street was critical. It needs to be moved to one of the other lots. Lastly, if that stub street is ever put in is there a commitment to rebuild Val Vista, because Val Vista is not constructed to the standards that the rest of those streets are. And I have been in situations before where a street is connected and the street that it's connected to is never upgraded, the street lights aren't put in, the sidewalks aren't put in, so there should be a requirement there that if it -- if it is ever connected -- and the best thing to do would be actually just to put a foot path in with an emergency access, like we have seen in other areas. That would make us the happiest, so to speak. But, again, I want to thank Jim for a good proposal and you all for listening to my testimony. Thanks. De Weerd: Mr. Nichols, I guess I have a question in terms of your subdivision and the five acre lots preserved. Meridian City Council January 16, 2007 Page 27 of 63 Nichols: Right. De Weerd: Can those five acre lots redevelop? And I guess since I see some of that, looks like it possibly can if that owner were to sell his five acres. Nichols: As the homeowners association we have adopted the bylaws. We have had an attomey look at our bylaws and the attomey has suggested changes to those bylaws to -- I want to say improve or strengthen the language that already exists in our homeowners covenants and our CC&Rs that says they are not to be redeveloped. At the point right now our CC&Rs currently say that there shall be only one building lot on each of those five acres and we have talked with him extensively about that and his intent was they were not to be re-divided. Our intent -- in fact, all of the owners in our subdivision have agreed it is not our intent to re-divide. We don't want to re-divide. Now, we have made an out clause, because we recognize that in the future you can't -- you can't predict the future. If someone were to walk in and say, yeah, we will give you two million dollars apiece for every one of those lots, we'd probably all pick up and move. But it takes the majority. It is either all or none. But not one. And that's really what we are opposed to, so -- and that's why we really want that, because that lot is for sale right now, it's been for sale twice in the last four months, it's an attractive sort of nuisance to us. It's a headache. We have to wont' about it. It's like, now, man, what are they going to do to it? Are we going to have to fight this and for how long? We don't want to fight it. There is several people in our subdivision and we have talked about this, that we would really like to dress this up, we'd like to work with the irrigation district. It needs to be landscaped. It's needs to be improved considerably. The weed control needs to be done out here, so that we have a much nicer entryway into Val Vista than what we have now, because there is some limitations because of the irrigation easements, but, you know, that right there is the attractive nuisance and we don't want to have to deal with that and we will insure through our covenants that there is no subdivision of an individual lot. De Weerd: Thank you. Nichols: Sorry for the lengthy explanation. De Weerd: No. I appreciate that. Mr. Rountree? Rountree: Madam Mayor? Mr. Nichols, you have confused me as to what is part of your subdivision and what is not. You have indicated that all of your subdivision has entered into an agreement to modify your CC&Rs or your covenants to not allow re- platting of your five acre parcels. Is that one lot that's been for sale most of the times in your subdivision? Nichols: It is. Rountree: Is that one lot in your terms of all the subdivision? Meridian City Council January 16, 2007 Page 28 of 63 Nichols: The homeowners on this side -- that one house that is not -- that is for sale, he's the only hold out. He has not been willing to sign that agreement. That agreement is not part of our CC&Rs. That was aseparate -- just intent. We wanted to issue to you a -- a consistent front, I would say, you know, to be consistent and Mr. Ballard said, well, he says, if Mr. Van Hess signs the agreement he said I will think about it. Mr. Van Hess was kind enough to say, Scott -- he didn't talk to me about it, but he would sign -- Mr. Van Hess signed last night and I did not get a chance to go back to Mr. Ballard and say, Sid, we have got everybody, you know, rallied around this. We all -- none of us bought these lots -- you know, it really is just a statement that none of us bought these lots to divide them up and the situation changed in his life, the lot's for sale, you know, we don't want to have to fight potential development in our own subdivision. This has really rallied our subdivision to come together and make sure our CC&Rs are strong and that we all agree on where we want to go as a subdivision. De Weerd: You know -- and I think we appreciate that. But more often than not we make modifications and concessions and work with those that are affected and, then, two months later we see the five acre lot back in front of us subdivided and it's like, oh, wow, this is -- so, I guess I appreciate what you're doing as a neighborhood in trying to be on a unified front. Nichols: Madam Mayor, could I respond to that? De Weerd: Uh-huh. Nichols: That's why we understand your position. You understand -- I understand the history you have seen and that's why we simply ask that that stub be relocated off the narrowest lot in the whole front. Locate it on a larger lot. We are not going to object to the stub, just move it to a larger lot. De Weerd: Mr. Rountree, you -- Rountree: You followed up with what I was going to say. De Weerd: Oh, I'm sorry. Rountree: Just to point out we see these almost on a weekly basis. De Weerd: Okay. Thank you. Okay. Mr. Presbus. And I look forward to you stating your name and address. Presbus: Presbus. De Weerd: Presbus. Presbus: I live at 2530 South Del Rey Lane. Meridian City Council January 16, 2007 Page 29 of 63 :7 De Weerd: Thank you. Presbus: And I concur just about with everything Scott said. There is one thing I want to touch on, the 22 foot height, because you can have a single story and have a game room, which is not considered a second story, and they can get pretty tall. They can go up quite a ways, especially like a 12 and 12 pitch. That's why we are setting a -- ask to seta 22 foot height limit and on this proposed road -- I don't know if you -- ACRD has -- if you have heard anything from ACRD. One of the concerns was who is going to build a road from where Overland ties into Ten Mile back down to the interchange. Right now it's only slated up so far from the interchange and it's not in their plan for ten, 12, 15 years they said. And they want to know where the money is going to come from for that and who is going to do it, because if they put this big road in and this interchange in, then, you're going to come from four lanes to two lanes to four lanes and it's just going to be nothing but a big bottleneck. Okay. I also ask for 50 foot backyards. We have -- we have to be at a hundred feet and, you know, we don't mind -- I agree with their subdivision one hundred percent. I mean I think it should go through. But with a few conditions. The stamped wall -- the concrete wall, we burn - we bum our fields sometimes, we bum ditches, and I think it's a safety feature for one thing that if it was a wood fence, a vinyl fence, it would go up in smoke real quick. I mean there has been fires -- a couple fires there that got out of hand and they move very quickly, if you see five acres of weeds before they are plowed. Also, if there is to be a solid concrete fence, I'd like to see it put in before construction starts, that way it will keep some of the dust down, because that place is very windy -- I mean it could be calm as heck over here and the wind's blowing 15, 20 miles an hour up there. And all that dust is going to be blowing right in -- there is, actually, four, five houses that's really going to take the brunt of this subdivision and that's on the north side of the -- the south, but the north side of the subdivision and if these few things are put into place -- I know we will probably have to come back, because it's in one of the mega lots where we are at and if they are going to be redesigned again we are going to have to come back again and again, so -- but I ask if you put in the record now or put into place these few conditions that we ask. Thank you. De Weerd: Okay. Thank you. Wayne Amend signed up against. Amend: My name is Wayne Amend. I live at 2155 West Overland. Right there, the little out-parcel. Nobody seems to want to mention all the roads and stuff. Where is my egress going? Is the city planning on taking it? Is that what we are proposing here? We are not talking about it. How about the drain water? Where is all the storm water going? It drains right down to my place. I don't see any plans. In fact, Icame -- me and my attorney showed up Wednesday down at Planning and Zoning to go over these plans -- we couldn't, because the staff is going over it. So, how can we even protect my property rights? By the way, Ada County Highway District at those meetings was concerned about property damage with the realignment. Have we studied that yet? No. Maybe we better look at this real close, because this has really affected me a lot and I am going to protect my property. Thank you. Meridian City Council January 16, 2007 Page 30 of 63 De Weerd: Sir, could you point out where your property is? Amend: Right there. Nobody has even tried to work with me about this. I haven't even been questioned. De Weerd: Okay. We will ask the developer. Thank you. Lyle Grainer. Griner. Griner: Lyle Griner. 3050 Val Vista Court. De Weerd: Thank you. Griner: I wouldn't want to take up anymore of your time, because I agree with the two other gentlemen and fully in support of their comments. De Weerd: Thank you, sir. Okay. And Bonnie Griner as well. Thank you. Ken Fawcett. Okay. And Sherry Fawcett as well. Fawcett: I'm Sheny Fawcett. I live at 2755 West Val Vista Court and it's across the street from the property that is for sale. Scott has done a wonderful job of commenting on our concerns. However, I stated at the city Planning and Zoning that there seemed to be some confusion as to the Ada County decision on Overland Road. I got an a-mail from Mindy Wallace stating that the design of the interchange had to be done first before they would approach the realignment of Ten Mile Road and that they felt additional public comment was needed. If that document exists and it's here, I would like somebody to read it, because at both meetings there has been I feel misrepresentation about what Ada County said at that meeting. People who were there also felt there has been great misrepresentation to the City Council and Planning and Zoning as to what was stated. I also commented about the elementary school. It's wonderful that they are providing that elementary site, but those of us that live south of the freeway and have children at Mountain View High School, recognize the elementary school is not where the problem lies and I know that with every one of these big developments there is a statement on record from the school district saying you can build this density, but we do not have places to put these children. My children keep getting moved from schools every time there is a development like this put in. Bear Creek, we got moved. Bear Creek went in, everything started getting a little bit more balanced, more development up north of the freeway, we got moved again. As a Meridian School District patron we are a little tired of getting moved every time somebody decides to put a new development in. This is not planning for our children's future. De Weerd: Thank you. Fawcett: That's all the comments I have. De Weerd: Mel Shoemaker signed up against. Good evening. If you will, please, state your name and address. Meridian City Council January 16, 2007 Page 31 of 63 l_J Shoemaker: Mel Shoemaker. 1620 South Ten Mile. De Weerd: Thank you. Shoemaker: The comer of Overland and Ten Mile. I have a letter on record -- De Weerd: Yes. Shoemaker: -- with a number of issues and I'm sure you have probably read it. The other -- I'm not going to take my three minutes to go into those issues. They are in the letter. One of the items that I think has not been addressed is when Mr. Jewett, he's going to dump these 1,252 homes out onto Ten Mile, which will now go north on Ten Mile and I don't think there has been any discussion that I have really heard of, number one, those of us on Ten Mile, I imagine you're probably thinking in the back of your mind that, my, my, you're going to be a victim that is going to take the gaff here, but there is also Tasa -- there is nothing been ever discussed about Tasa and Davis Drive. And if Ten Mile is widened to the extent that it looks like Eagle Road, which it will, both of those places will -- in other words, Mr. Jewett's kind of representing that he is building a Shangri-La up there and is taking everything into consideration, but I don't think those of us that have lived there -- we have lived there 31 years -- have really been taken into consideration. So, I think in my mind there is kind of a preliminary jump here on the whole interchange process and I think if somebody was really doing some good thinking, they'd look at moving that interchange to the east and going up over to the east of Mrs. Weist's house, which she sold to the developer, and take that interchange across the Ross property and, then, drift it back to Ten Mile and I think that would clear up problems at Tasa, clear up problems with Davis, and a number of issues there. And certainly clear up my problem. And Ithink --Ithink that really sincerely and truly needs to be looked at. And I think it's been skipped over and I think it could even -- if that was the case -- if that was the case and it was taken up to the east of the -- Mrs. Weist's house -- which she no longer lives in -- and, then, ties back into Ten Mile, this Overland thing wouldn't even have to happen. You could still come down Overland and tie into that interchange road -- I mean it's a possibility and, then, tie back into Ten Mile. And it would take you away from all that existing -- those existing neighborhoods and -- I guess I'm done. Am I making any kind of sense here? De Weerd: Can you show us, Mr. Shoemaker, where you live? Shoemaker: I live on this -- I live on this piece of property right here. I live right here. This is our property. And I think the opportunity that's being missed is if the freeway interchange was put in here -- actually right here would be a good alignment point right in the middle of these two fields and come up across here and, then, drift around back to Ten Mile. And Ithink --Ithink if somebody was to go out there and look at that and study it, they would see an opportunity that's being overlooked and Ithink --Ithink when this thing is insisted upon going right down through here, it creates a Tasa problem, it creates a Davis problem. It certainly creates my problem. But I don't think --Ithink this Meridian City Council January 16, 2007 Page 32 of 63 Shangri-La that's being developed over here is not a Shangri-La for the rest of us here. Thank you. De Weerd: Thank you, sir. Shoemaker: And I hope somebody looks at that a little further. De Weerd: Okay. Mr. Shoemaker? Shoemaker: Yes. De Weerd: Did you participate in some of the public open houses -- Shoemaker: Yes, I did. De Weerd: -- on the Ten Mile interchange? Shoemaker: Yes, I did. De Weerd: And you submitted your comments for their consideration? Shoemaker: Yes. De Weerd: Okay. Thank you. Shoemaker: And I'm still not done talking. De Weerd: Okay. Those are the names that signed up on the sign-up sheet. It is a Public Hearing. If there is anyone who would like to provide public testimony that did not sign up, if you would like to come forward at this time. And state your name and address. Van Hess: My name is Lany Van Hess. I live at 2540 South Del Rey, just off of Val Vista. De Weerd: Thank you. Van Hess: Meridian is growing and there is nothing that gets us all gathered together and gets our talk going than the effect of development around us. We live on the lots that Scott's discussing that are all over five acres. Scott, you did a great job. I just want to tell you I think you really presented the feeling of the community. The one thing it's really done is we as neighbors are talking to each other right now, discussing how to make our subdivision better. We kind of like it the way it is. We like the fact that we have a rural setting in close to the community of the City of Meridian. The one thing that does concern us is we like the road without a lot traffic on it. It's been there for some time and I know your concerns and I have watched you a little bit when people said we Meridian City Council January 16, 2007 Page 33 of 63 are not going to break up our place and we have all agreed to do that and I saw the grins on your face and Iknow -- and the one thing being abuilder-developer that I have always maintained with the ownership of property, the right is there to do with it what you want to do. However, I told them I would be the last one to sign and I waited until pretty much everybody stepped up and said, hey, this is what we want to maintain and I threw my hat in the ring and I agree if there is any way possible to maintain the integrity of that road without traffic and to -- if there has to be a street that goes into it, that it be at the least intrusive way to get there and if it could be just an emergency path with breakaway gates and whatever and maybe walk paths to go to the walking path, that would be really great and we could all go with that in a very good fashion. I thank you very much, Mayor and Council, for listening to my say. Thank you very much. De Weerd: It's always good to know where you live, Lany. I marked it down. Okay, sir. Elton: I'm Curtis Elton. I live at 2906 West Val Vista, which is right on the comer of the subdivision that's being planned. I am not naturally against development of the subdivision, but, again, Scott covered a lot of the things that Ihad -- would like to see changed on it. A couple of things that I would really like you to think about is the traffic patterns. Right now on Overland sometimes it's backed up all the way down to the -- all the way down to the RV center down there. It takes two, three, four lights to get through it now. You put another 900 homes in there and even adding another lane, what a lot of those people are going to do, they are going to take an alternate route. If there is any road into our subdivision we are going to have a tremendous amount of traffic there. And to reroute Overland up or, in other words, to the south and come out up by Lamont is going to take and detour a lot of that traffic to the south, then -- which is going to have to go back to the north again, which is an illogical way to route all that traffic and there is no traffic pattern set up. I haven't heard anything set up as far as a traffic light or so forth, which would be two busy intersections just a matter of a few feet apart. Our road in our subdivision is strictly a blacktop road. It has no sidewalks, as it was mentioned, and to route or allow more traffic to come through there would be just a disaster. There is no street lights. Kids are walking -- use this for riding bicycles, horses on it. It's strictly arural -- a rural road and to bring any amount of traffic through there would just totally disrupt the character of our subdivision. We purchased in the subdivision just because it had a little bit of a privacy and a larger acre lot and now to see any of them developed and start to develop just totally destroys what we bought it for and the stub road, if you ever are going to put a stub road out of there, I would like to see it more toward the -- toward the west and -- because, then, it could go directly out to Ten Mile without going down through the road that is now there, which is Val Vista, and it could go through -- basically through my pasture. I'll just point it out. De Weerd: Sir? Sir? If you can use this microphone. Thank you. Elton: Okay. Instead of bringing all that traffic in down here and running it all the way out through Val Vista, which would ruin the integrity of our subdivision, if we come out through -- if it come out through like say even here through my pasture and possibly through the Brenner's pasture, it could go out through Ten Mile and not disrupt most of Meridian City Council January 16, 2007 Page 34 of 63 the residents of Val Vista. And any other lots I would rather see it than the one it is, because the one -- being it has already been planned to subdivide that lot, the intentions are already there is to split it up and put in nine houses right in the middle of our subdivision. And I think that's ridiculous to break up a subdivision -- a subdivision putting nine houses right in the middle of it and destroying the whole integrity and character of our subdivision. Thank you. De Weerd: Thank you. Okay. Is there anyone else who would like to provide testimony? Canning: Madam Mayor? Oh. Grubaugh: My name is Suzanne Grubaugh and I live at 3475 West Tasa. De Weerd: Thank you. Grubaugh: And I'd just like to say that Mel did a very good job of explaining how he feels about what's going on there and I may not own amulti-million dollar home, but I do own a little piece of heaven and our feeling is that our little piece of heaven probably isn't going to be there very much longer and we will probably have to move. But I would like to thank the developer, he's done a very good job of putting a school in, which most developers don't, they put in a subdivision and they don't plan for schools and I think that's -- I think that's a nice thing for him to do and the library and all the rest of that and it encompasses a lot of things, but I would like you to look at the flow of traffic with the interchange going in and Ten Mile cutting across there -- or Overland cutting across over onto Ten Mile. I think you're going to have the same problem that you have with Tasa now, because Overland comes down and, then, cuts across and sometimes getting across Tasa onto Ten Mile during rush hour, you know, is really hard, especially if there is an accident on the freeway and everybody gets off and jogs over that way. So, you know, what -- I think what Mel said was -- was a good thing to look at. I think we need to look more at planning of the traffic and the flow of the traffic and that sort of thing. I think I told you once that I didn't think our old piece of heaven was going to be there at a meeting at one of the elementary schools. But I certainly feel like if there are -- if that's going to happen, I don't want to see what happened on Eagle and Meridian and -- you know, with the traffic and all the rest of it. I'd like to see a better flow of traffic and if most of it went this way it would be better for everybody. De Weerd: Thank you. I wasn't going to ask you if you went, because I knew you did. Any questions, Council? Okay. Thank you. Grubaugh: Thank you. De Weerd: Okay. Any further testimony? Okay. Would -- oh, Anna, before I ask the developer to come and summarize and respond to the questions -- Meridian City Council January 16, 2007 Page 35 of 63 ~ a Canning: Madam Mayor, Members of the Council, several of the public raised questions about various transportation issues and I feel it's probably my responsibility to address those more than the applicant, so let me take a stab. First of all, I will read the paragraph from Lori Den Hartog at Ada County Highway District regarding the commission's action. It says: The commission heard testimony from district staff, the applicant, adjacent and nearby property owners and City of Meridian planning staff. Based on the testimony presented, the commissioners determined that a different public involvement process would be necessary for such a major realignment of a principal arterial roadway. The ACHD commission also determined that acting on the proposed application would be premature due to the fact the City of Meridian has not completed the public process for the Ten Mile area plan and has not yet formally adopted the plan. In addition, the commission determined that it would be critical to know the interchange design selection for Ten Mile prior to acting on a realignment of Overland Road. The reviewed South Ridge Subdivision proposed was remanded back to district staff with no definitive date to reschedule the item back on the commission agenda. So -- and I explained this before. What they said was this is a big change and they weren't willing to act on that change, because the Ten Mile plan is not officially adopted. So, there is no officially adopted plan that has that alignment of Overland Road on it. So, they wanted to get your take. They also talked about additional public involvement. Well, as part of the south Meridian area plan, the -- there was a concurrent effort underway by ACRD for a transportation plan for that south Meridian area and this is one of those areas where those two plans overlap. So, we do have in our possession -- we picked this up last week. It is still in draft form, so the public would not have heard of it yet, but it's the Draft South Meridian Transportation Plan, Overland Road Connection Memo. And this was prepared by Washington Group with funds from -- or as a consultant to the Ada County Highway District. And the first bullet -- recommendations on the last page say Washington Group recommends including the realigned Overland Road connection from Black Cat Road to Ten Mile and future transportation plans based on our analysis and, then, it lists some reasons. Ten Mile interchange design and specific area study both recommend the removal or relocation of the Overland Road and Ten Mile intersections provide better traffic signal spacing and access management on Ten Mile Road, as it leads to the proposed interchange. The environmental impacts are minimal with this alignment. Historic area will not be disturbed. The Ridenbaugh will only be crossed one time at an existing crossing. Topography of the area is fairly consistent from Ten Mile Road to Black Cat Road. The portion from Ten Mile Road to the east will be constructed by the developer. The roadway can be designed to make a smoother transition by regarding the developer's side. Right of way will be provided by the developer. And, then, it also has some reasons for not following the straight alignment. So, they have done some additional studies since that commission hearing. They have new documents, they have new studies that they will be considering for that area. De Weerd: Anna, can you give those to the clerk and get copies, so Council can have those in front of them? Canning: Right now? ! ~ Meridian City Council January 16, 2007 Page 36 of 63 De Weerd: Yes, please. Canning: Okay. I do need to state, once again, that that's a draft document. With regard to the realigned interchange, we did consider it for a day, a full day at the charrette, which one out of four days is a lot of time. We had a whole alternative set of land uses and roadway connections based on a different interchange alignment and the general thoughts from the transportation agencies were that that was not appropriate, so ultimately we shifted it back to its current location. So, that was considered during the charrette process and it didn't seem to work as well as we had hoped. I mean we did it because we had hoped it would work, but, unfortunately, it didn't solve as many problems as it needed to. Zaremba: I'm sorry, Madam Mayor. Anna, I got lost in which worked and which didn't? Canning: The shifting to the east did not work for the interchange. Zaremba: Shifting Ten Mile. De Weerd: Shifting the interchange to the east did not work. Zaremba: Thank you. Canning: Okay. Sony I wasn't clear. My understanding -- there was questions about who would do the improvements on Ten Mile and from our meetings with Lochner, who is the consultant hired by the state to do the interchange project -- the list of consultants on these projects is enormous and difficult to keep straight, but my understanding from Lochner was that the interchange project would need to come all the way to the Ridenbaugh, because of the elevation differences that they -- and challenges that they had in this area. So, the interchange project will come to this comer of the Ridenbaugh and, then, the applicant's project picks up after that. So, we would get the necessary Ten Mile improvements, because ITD would, basically, do them to the Ridenbaugh and, then, the applicant would be responsible for the remainder of that business. So, that's -- oh. And there would be a light at the realigned Overland. All the concepts have talked about having a light at that facility, not a stop sign. And I think those were the roadway ones -- the questions that I heard come up with regard to the larger roadway issues and the interchange. Because of the elevation difference -- you know, just for the Tasa neighbors that took the time to testify tonight, there is some opportunity with the realigned Overland, because of the elevation differences here there may be an opportunity to actually bring Tasa underneath the Ten Mile and back onto this property up here. And, again, it's just -- it may be an opportunity. They have been working -- talked to Jim about possibly redirecting that, so they can get those folks so that they can still get in and out of their neighborhood. That was all I had. Thank you, ma'am. De Weerd: Okay. Council, questions for Anna? Bird: I have none. • Meridian City Council January 16, 2007 Page 37 of 63 De Weerd: Okay. Jim. Jewett: Thank you, Madam Mayor, Council. I'm going to just touch on the transportation issues real quick and, then, move onto the other comments that the folks had. Just for everybody's information I was involved in all the meetings, I was on the advisory committee for the Ten Mile interchange, so I'm in constant contact with ACR, maybe as much as your own staff, on what the process is going through. And if you -- I'll get them there. That's fine. Right now within the scope of what the interchange will encompass -- like Anna said, it will take Ten Mile to the Ridenbaugh. It will also connect Tasa either to Ten Mile, which is not likely. Most likely it will bring a new road from Tasa all the way back over to Overland and so with the realignment they will simply reconstruct a new road over. So, they are going to address those. They have to address Tasa. It's part of what they need to do and the proposal that seems to be most likely is a -- they will bridge Ten Mile over Tasa and Tasa will come back over to either Overland's concurrent location or to Overland's relocated. And ACR is patiently waiting some decision on that relocation of Overland, because they can't, as an agency, address how they could design to it without somebody saying that's going to happen. They already understand from us that it's just already a funded project that some agency says goes. So, they are ready to address that. So, I just wanted to add that little bit onto Anna's comments about transportation. There has been a lot of comments about the stub street and about Val Vista and about that one particular piece of property, so I will try to answer those questions real quick. During the process of subdivision that property that they spoke about came up for sale. I did have a contract to buy it. I did look at how a stub street would connect to Val Vista. I did go to the homeowners and meet with them. They are very passionate about their subdivision and how their quality of life would be affected by that. Having heard that, as well as some other issues, we decided not to move forward and purchase that property. Understanding their commitment that they -- they have preserved their subdivision, you know, that, obviously, is this Council's decision where they want this stub street. I simply show it there for the purpose of future transportation. You know, this body's decision is -- I will more than adhere to. Fencing and how that would affect their subdivision and dust -- I will talk about those for a second. First of all dust. I think nuisance dust is a problem for all existing homeowners. And from our company point of view, we take the position that we do everything we can to mitigate dust -- you know, nuisance dust. So, that means we water, we do everything we can. So, a fence isn't going to stop that, but we do everything we can. We work diligently to try to make sure that we have water trucks going all the time during the summer when dust can be a problem to mitigate dust leaving the site. I don't think a solid fence is going to change that. Where I am against solid fencing is -- especially a cement solid fence, is it almost seems like you're trying to block them off and the rest of the community. I understand their desire to be independent and have their own rural lifestyle, but I don't think a solid fence accomplishes that. Our proposal is a wrought iron fence. We like that open feel. We think that promotes good neighbors. But, again, we will go with whatever condition that's placed on us by the Council. If they want a solid fence, we can put the solid fence up. My personal opinion is it just doesn't create the right atmosphere. As far as moving Meridian City Council January 16, 2007 Page 38 of 63 • LJ the stub street, there is some good points. If you move the stub street to the farthest west it will impact Val Vista at a minimum to the future, if it ever does extend to -- down onto Val Vista. The impact from there back to Ten Mile will be minimal. Obviously, there will still be some people affected, but it would preserve the majority of Val Vista to be still in that rural environment. So, again, if this Council wants to say move it as far west, it's completely okay with me. Mr. Amend talked about access, drain water, and property damage. With our agreement with ACHD, our proposed agreement with ACRD, is that right now without an approval of the realignment of Overland we would construct Overland from here back to their existing construction limits they are going, which is about a hundred and eighty or ninety feet west of Linder Road. And that crosses in front of Mr. Amend's property. With our proposed agreement with ACHD, ACRD would have to go acquire that easement access from Mr. Amend. That is not something that I would do, that's something that ACHD would have to step forward, like they would do on any project that they would build, they would have to acquire that right of way. I think that ACHD and ourselves are just waiting for this approval, then, we can finish up our agreements and that process will move forward, just like it has from Linder on back to Meridian Road. All those properties have been acquired through the normal process of ACHD. As far as drain water, as far as storm drain, that's a process of our construction drawings. Again, my engineer is here if there is a specific question that Council would have, they are more than -- I can call them up, but I think we are all aware that we have to meet the Public Works approval and that is a process that has to go through. This is the first process and that's the next process. I believe Mr. Amend's property will be well protected by both my engineer and the city engineer and their review process of any construction drawings. So, I believe that his -- the issues will be answered. Schools. Obviously, we have an elementary site that was identified in the comp plan and we worked with the city. I was directly involved in negotiating the middle school site for the city -- for the school district next to the Bear Creek park and I have been working with the school district in trying to identify a high school site south of this location and I believe they are pretty close to getting there. So, I think that we all know that the high schools do need to be addressed south of town and I believe the school district is committed towards moving towards that. As a developer I think I have done my part and I have continued to do my part in helping the school. I have three kids in school, one in Mountain View and two at Lake Hazel. So, I'm very aware of the schools out in that area and my kids have been moved twice, too. So, I think we are moving towards having more consistency with the new schools that we are getting. I addressed Tasa and Davis. I guess the last thing that -- the rear setbacks. We have on our lots adjacent here we have set a design guideline of a minimum of 130 feet deep. So, if we look at that, we have a 20 foot setback on the front and if they propose a 50 foot rear setback, that would leave us a 60 foot building envelope and that's probably adequate, even though that 50 feet seems a little extreme on a setback, I think anything -- I think 20 feet can be enlarged. I think 30 feet might be appropriate. I just wanted to give you the design criteria that we have. We have 130 foot deep lots, so if you did want a 50 foot setback, it would leave a 50 foot building envelope for any home on those lots. So, there was talk about a height restriction and the height restriction might be a better avenue than the single story. It actually sets a permanent number. I think that may be easier and I°m not objectionable to the 22 feet. The last thing to talk about will be the Meridian City Council January 16, 2007 Page 39 of 63 0 park. Oh, one other thing. I'm sorry. One other thing. There was talk about how Lamont would tie into our relocation of Overland. And during the charrette that was addressed and how it was addressed was that -- oops. Sorry. Lamont in some way -- it's showing on this map, but it's right in here. That this connection off Lamont back to the future realignment of Overland would relieve that and we would, eventually, take the Lamont connection to Ten Mile away in the future. Albeit it might be a way future, that's how you would eventually deal with that trafFc issue. So, down the road that has been addressed through the process, so -- these are yours, Anna. Can you go to mine? Okay. Okay. On the park. At the first meeting there was a discussion of how the pool would intermix with the park and the conflicts that could potentially exist. Well, we would -- what our proposal -- which may not adequately be depicted here, was to move the pool completely behind our clubhouse, so it's not visible, and so that this parking lot -- and there would be good signage right as you enter the parking lot identifying the parking lot for the clubhouse. The pool would be identified clearly behind. You would enter through some type of security gate. So, that's our proposal and I believe that's what was accepted as an answer to the Parks Department. Now, the idea of having some joint use pool is another idea that -- that could be looked at. I think that's one facility that Meridian is still probably lacking in is a pool. How we look at that -- I'm wide open. But we need to address the issue of trying to not appear as if the pool is part of the park. So, if I missed anything that the Council would like me to address, I certainly would try to do so, but (believe -- the last thing is the flow of traffic. I think that we have done -- and I got my traffic engineer. I think we have done an excellent job addressing the flow of traffic and how it could work. I'm happy to see that there is a report by another body that supports relocation of Ten Mile, how that it will help traffic. I think there has been a lot of process in looking at how the interchange will work and how locating them to one -- and one of the plans that is existing of the six plans on the interchange was relocating it to the east and it is the most expensive and the least favorable and has the worst level of service. So, I think it has been addressed and I think the answer is that it simply isn't the best for the public as a whole. With that I would stand for any questions. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: You indicated that on your reconstruction of Overland Road that you would be working in concert with ACHD and in acquiring any -- or ACRD would be acquiring any property rights to expand the width of the road, which is what they will be doing anyway with or without this project. But you said that you would be buying access and I'm not sure that -- that's a controlled access facility, so you'd probably not be buying access from Mr. Amend, he'd still have access to his property from Overland Road; am I correct? ~ o Meridian City Council January 16, 2007 Page 40 of 63 Jewett: Let me address that. Yeah. I may have stated that wrong. Mr. Amend's property is right here. What ACHD would be -- would acquire the additional right of way and I'm assuming -- and what we have done and what we tried to do with this master plan is to provide Mr. Amend's property with superior access in the future. So, he would still have access all along this proposed road and these proposed stub streets. So, his access -- his access will be protected in the future. Now, if ACHD allows him a temporary access while he lives and enjoys his property the way it is, that is what ACRD must determine. Well, all we are saying is we are planning for it in the future and it has been addressed. Rountree: Thank you. De Weerd: Okay. Council, additional questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: You had indicated in your comments -- I have a couple of questions. The first one that struck me when you were -- one of your earlier comments about the mega lots and I wrote down what you said and I might have wrote it down wrong, because it doesn't make much sense. You indicated that the mega lots will allow you to change your plat and design in the future to meet future market demand at that time, yet you're representing now that you're not going to be varying this master plan and those seem to be inconsistent. Jewett: Yeah. So, let me clarify that. The master plan is intended to show how the transportation -- how the roads would work and how the roads would tie into the lotting that's proposed on the master plan. What the mega lots allow us to do now is to plat this infrastructure you see. These series of roads are out platted in the mega lots, it provides all the utilities to those mega lots and provides transportation, but what the master planning and the mega lots also allow us to do is when we come in for the particular preliminary plat on this area right here, we have a couple things. The development agreement said, for example, along the south boundary you have to maintain this, this, and this. So, those are set. But right in here if we want to put in a 72 foot wide lot, instead of a 76 foot wide lot, because the product type that we are using, that's what drives that. So, it enables us to tweak the intricacies within that subdivision with the particular preliminary plat, not change the -- the staff has already stated we'd have a minimum and a maximum density, so I don't think it changes that, it just changes the way -- because within our design guidelines we are specifically going to lay houses out to maximize the properties, to maximize the way the driveways and garages are a work in concert. For example, if you go to some of the architectural designs -- and let me get to one here and specifically show you -- did I go past the zipper lots? Okay. Zipper lots. What this does here -- what the zipper lot -- you can see the zipper lot -- we call it zipper, because it goes like that and what it allows us to do is pull one driveway back and one driveway forward. So, how we design this frontage -- for example, this is Meridian City Council January 16, 2007 Page 41 of 63 a 45 foot wide product, but this lot's 50 and this one's 40. So, what it does it allows us to line these driveways -- these garages up, because of the zipper and that's the type of flexibility we are looking for, so we can create some architectural design, seeing that this garage will be pulled forward and this one will be pulled back and we are offering that variety through design guidelines. So, when we develop the design guidelines, whatever particular product that we would use within each preliminary plat as they move forward, we would identify that from our design guidelines. Does that, hopefully, clarify it? Borton: It does. Jewett: Thank you. Zaremba: Madam Mayor'? De Weerd: Mr. Zaremba. Zaremba: One of the suggestions that staff has proposed is that you agree to both a maximum and a minimum, since the mega lots are not subdivided yet and that's something you will be doing in the future, they have set the maximum at what you're asking for, what you have proposed, and the minimum a thousand residential lots on this entire property. Is that acceptable to you? You haven't stated a -- Jewett: Yes. I did not see the numbers until tonight, but I think they are appropriate. I believe that as we move forward in urban development that we need to look at more minimums than maximums, because one benefit that this subdivision has -- and when we talk about the people south of us -- let me go to that. When you look at what's developed south of it, we looked at Aspen Cove, we looked at Val Vista, we looked at Majestic View, and we looked at the potential for redevelopment as being unlikely probably in my lifetime and because of the transportation that's being built there you want the density next to transportation, because if we don't we are just going to leap frog beyond these people must faster. So, the more density that we put closer to the infrastructure, the more these people are going to be protected long term. So, having a minimum is an agreeable situation. It most likely could be higher than that, but it is acceptable. Zaremba: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor. We don't have a streetscape or a typical section on the roads. Have you considered when you have looked at those to provide for transit, you have got a fairly extensive parkway system, does that correspond to possibly a park and ride area or possibly a bus pull out with benches and covers and that sort of thing, at some point in time we might get the buses in the valley? Meridian City Council January 16, 2007 Page 42 of 63 U Jewett: That has been discussed a few times -- it was discussed through the charrette and it's a very good question and we have an area over here next to the library that potentially could be a park and ride, some sort of bus pick up, especially with what we are looking at north of Ten Mile or north of the freeway on Ten Mile with some of the rail possibilities. Having some sort of a transit from this area down to that is a possibility, but incorporating bus turnouts anywhere down in the village area is an excellent idea and any suggestions or conditions that you could place on us that would drive us towards making sure that a bus system can be accommodated is certainly something that we would support. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I think you made reference to the library earlier, but you actually indicated the fire station area. Jewett: I'm sorry. I indicated -- the fire station is where I was refemng to. Rountree: Thank you. Jewett: If I said library, I apologize. But having a bus system going to the library is a definite plus. Rountree Thank you. De Weerd: I guess I just want -- I know you touched on you would be willing to consider expanding your recreational area with your pool to be maybe a public facility. That would change that quite significantly and needing more parking, then, and a larger spot for a pool. You are willing to go into discussions and see if that's something that the city would be interested in doing? Jewett: Absolutely. De Weerd: Okay. Anna, would that be a significant change? Canning: Madam Mayor, Members of the Council, I don't believe so. The Parks and Rec. Commission would have -- they probably have more to say on that issue than the planning department. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council January 16, 2007 Page 43 of 63 • Borton: From my perspective, for what it's worth, it would be a massive change to the extent the city would ever be involved in providing a public pool within a subdivision and that impact on the parking and clubhouse, in order to make it useful for the public would be traumatic. I mean if it doesn't make each of those amenities four or five times as large as they presently are in order to actually do it right for the benefit of the public. If you're talking about venturing down that path, that's what I would have in mind to even begin a second discussion. Jewett: So, you would be talking a very large scale facility. Borton: If it's a city pool, yeah. Jewett: Okay. Yes, I would agree with you. I would agree that it's an undertaking. I agree there is need. I don't know if that size is maybe appropriate right here and I can go on and on about the public recreation, having three children and looking for more avenues for them within the city. So, maybe it's not a discussion for this, but a discussion for some other day, but I do agree that having public -- more public facilities is a good thing. Whether this is the right place for a large facility, I will defer to your decision on that. De Weerd: But you're at least open for discussion on both sides? Jewett: I think that my commitment to the library -- to the library, to the school, to the fire station, it shows that my public involvement here is steadfast. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes. Gorton: Follow up on that comment with regard to those amenities. Have you completed either a donation or a sale of those parcels to the library district or the school district? Jewett: The school district transaction is all signed and the closing is soon. The library just needs to finalize the contract. I think we are all aware that their bond failed in November, but they are going to redo the bond and they think they have learned from their mistakes and they are going to redo the bond in May, but they are committed to close on the property now. They want to commit and we want to commit. The fire department is waiting for the approval of the relocation of Overland for them to finish up any negotiations with us. In both the transaction with the library and the school district, there was a partial charitable donation and a partial cash. Basically, we sold it to them for 50 cents on the dollar. De Weerd: Okay. Any other questions at this point, Council? Anything from staff? Meridian City Council January 16, 2007 Page 44 of 63 • Canning: Madam Mayor, Members of the Council, with regard to the pool, one option may be -- or we have had developers in the past offer to make the homeowners association facility available to some of the surrounding rural subdivisions. So, that may be an opportunity, rather than making it a large scale public facility just to have -- open up that opportunity maybe to some of the surrounding subdivisions. De Weerd: I think it's just worth pursuing at least having the discussion and seeing -- I would agree that if it were to stay as is, there needs to be better shielding or screening type thing. Okay. If there is nothing further from Council -- Borton: Madam Mayor? De Weerd: Yes. Borton: I found another question that I had written down. I'm unclear as to what the amenity is with the irrigation canal remaining uncovered. They would normally be tiled north of the school site and I don't see a -- Jewett: This area right here? Borton: Correct. It appears to be an attractive nuisance. Jewett: Okay. What our vision was there -- first of all, its primary use right now is as a drain ditch from the farming that's upstream and those farming operations upstream were Bear Creek and Bear Creek West. You know, Bear Creek West -- Bear Creek is, obviously, done and the church -- it starts with the Nazarene church, then, Bear Creek, then, Bear Creek West. So, with all those projects being approved or completed or moving forward, the amount of drain water will be minimized. So, what our vision was to make it a riparian area that would still accept whatever drain water did come down, but have some natural vegetation to have a more esthetic appeal than just tiling it over. That's what our vision was. And I don't have a blow up of that and I apologize. Maybe, Anna, one of your drawings that blew up the area for the school. Let me just touch on that first. Oh. Back one. Okay. This was a -- just a drawing of what the library would be. It's a lot different configuration. But one component that we did want to tie in with the school and the library is this outdoor amphitheater and another pedestrian crossing of this drain way. We want to bring the school into the library and the library into the school. One of the things you notice at most elementary events -- you can't find a place to park. Having this parking lot here now when you come to an event at the elementary school, you can park here and come across the pedestrian, but, then, you can have teachers within the school go over to the amphitheater during the day and do book readings, plays -- there is options there. So, a component we tried to bring to this whole thing is an open air feeling and I think that what we want to do is this riparian area here just adds to that. I don't think we intended to make it a nuisance. I think we intend to make it something that possibly some wildlife, some water fowl could still inhabit, because there is a lot of duck, geese, quail in this area and this still would give them • Meridian City Council January 16, 2007 Page 45 of 63 some area to live and give something for kids and teachers to talk about. That's what our vision was. We don't really think it's a nuisance. Borton: Okay. De Weerd: Okay. Anything further? Okay. Thank you. Jewett: Thank you. De Weerd: Len, I guess we had several of the neighbors that surrounded this had some concem about storm water and maybe also what this might have to do with their drinking water. Could you address those concems? Grady: Madam Mayor, as far as storm water, we certainly could take a look at their drainage plan. If you want to -- I mean if there is a concem, we can require a drainage plan and review that as part of the final plat process. De Weerd: I think if you can just kind of -- what is our process of review. Grady: Well, in a case where we do have concems we require a drainage plan and we review it just to make sure that things are draining properly. De Weerd: And the primary review, though, is through Ada County Highway District? Grady: As far as any of the roads, you're correct. So, any of the normal storm drainage would go through Ada County. De Weerd: And do those take into consideration runoff and flow, so it doesn't affect personal wells -- into individual wells? Grady: Yeah. There shouldn't be any drain ditches or any of that type of stuff near any of the wells. I think -- I don't believe there is going to be any problem there. And as far as the quality of people's wells, I'm not sure what the depths of those wells are, but I'm going to guess they are in the 100 to 200 foot range and to my knowledge nothing in this area will affect that. There is no -- there is no conduit available that would get down to that aquifer and affect it, to my knowledge. De Weerd: Thank you. Council, I would like to ask Mr. Nichols to come forward. I just wanted to get a response on the fencing type. I know that you had mentioned vinyl. We had another suggest a concrete masonry -- stamp concrete type of thing and the developer's preference of wrought iron. Nichols: Madam Mayor, Members of the Council, we were just discussing fencing in the back of the room and we -- the difference in land use on Val Vista and the rest of the subdivision I think is substantial enough that you need a solid fence. I mean a solid fence of some sort. And I'm sure there is give and take there. You know, what will Meridian City Council January 16, 2007 Page 46 of 63 happen next is that we need to pipe the irrigation ditch along our property, along the north side of Val Vista, our property, there that borders South Ridge. But whether that be vinyl or concrete, you know, cedar or whatever, you know, I think we are all emphatic it needs to be -- should be solid. I think we all agree that, you know, if there is going to be a walking path, an emergency way, or something through there, you know, that's reasonable, if it ever connects. I don't want to speak for the rest of the residents. I certainly -- you know, I understand my neighbors' perspective on the concrete wall, the stamped concrete wall, but I also understand the cost and I have lived with cedar fences before and I have had vinyl before, so I don't really have a preference, as long as it's solid. So, from that perspective does that answer your question? De Weerd: Well, yes, but, then, it creates another one. Then, how do you maintain the property up against the fence? You know, I guess I'm envisioning this five acre parcel and you have probably a lot of property up against that fence. Do you use a weed whacker? Do you bum it? I mean -- Nichols: Madam Mayor, Members of the Council, I would use a weed whacker. I mean, obviously, you're not going to bum it anymore. You know, that's just not going to happen. We happen to have horses up against that property line. Curtis Elton to the west has horses up against that property line. My neighbor to the east is an open space. Quite park like. But, yeah, you would use a weed whacker on it. And I would need to, you know, obviously, pipe the rest of my imgation ditch. It's the very end of the line. Curtis and I are on the end of the line there. So, that's what we would do, I think. De Weerd: Okay. Nichols: Okay. De Weerd: Council, does that -- I know you didn't have the question, I did, but does that create anymore questions for you? No? Thank you. Nichols: Thank you. De Weerd: Mr. Jewett, I guess I have one more question for you. While I appreciate your desire to include design criteria into the development agreement. I agree with that. Because what we are also seeing a lot of is not just the redevelopment of these five acre lots, we see a lot of developers flipping their property. And so the nice pretty pictures we always see up on the screen, you drive by the subdivision and they don't look like the pretty pictures that you thought they were building. So, if we were to tie those pretty pictures into the development agreement until something is submitted to change that, are you okay with that? Jewett: Yes. Meridian City Council January 16, 2007 Page 47 of 63 i De Weerd: Okay. Thank you. Okay. Council, if there is no further questions or information needed from staff, I would look for your direction on how you would like to proceed. Rountree: Madam Mayor, if there is no further comments, I would move to close the Public Hearing on Items -- it's been so long I forgot the numbers. De Weerd: Nine and ten. Rountree: Nine and ten. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? If no discussion -- Rountree: Madam Mayor, just a comment about the transportation issue. It is an issue and it's an issue with me and certainly an issue with some of the folks out there, as well as the developer. It seems to me that the answer or the solution is going to come once the transportation entities recognize what's going to happen in the immediate area around Ten Mile. So, if you want to term it in the classic chicken and egg argument, that's probably where it is. But I think we have an opportunity here, either way we go, to send a message on what the transportation may or may not look like in that area. In addition, there has been some information provided this evening that sounds as if it might be final. I think the question as it relates to transportation are not final and won't be final for some time. Any land use that is progressing will to some degree dictate what those final solutions are going to be, however. So, there is, no matter which way we go, a bit of known here. I'm a bit uneasy with the mega lots, but, on the other side of the coin, it's a pleasure to see something done in a master plan scale, as opposed to five acres at a time, which we do get, and we have all kinds of issues with, many the same as this large parcel and some of them even more difficult to solve. My inclination, based on what I have heard this evening, is to probably lean towards approval with the conditions that there are unknowns and that approval may have to be retracted. There are some conditions that need to be added to staff comments. There is a significant amount of work that needs to be done on a development agreement to cover all the issues and concerns that I have seen. So, any approval that we would move forward with I would suggest that those kinds of things need to be addressed in the motion. If, on the other hand, it's determined that we deny the application, we certainly need to move forward with the Ten Mile master plan for the city Comp Plan amendment in order to have some idea for the transportation entities to plan to -- to ultimately get to a Ten Mile interchange, which we all have been desirous of for a number of years. So, those are my fence sitting comments, if you will. Meridian City Council January 16, 2007 Page 48 of 63 Bird: Mr. President? Borton: Mr. Bird. Bird: I'll get in the middle of the fence, too. First of all, I'd like to -- Mr. Jewett, you have got a nice design. I like it. I'm like Councilman Rountree, I like you coming in with everything. I have some real concerns over the mega lots. This is one Councilman that you can keep your swimming pool and your recreation center for the subdivision. I don't want the city having to own a swimming pool. I think it's just great the subdivision has one. My real concern on traffic is -- I like the restructure of Overland Road, but I wished -- we don't know when west of Ten Mile, Overland, though, takes off, so we are creating quite a bottleneck between Lamont and the new Overland Road. How many wrecks, deaths, or something before they start that, we never know. And you might never have a wreck there, (foresee -- I think that I'm like Mr. Rountree and the development agreement, we need to put some -- tie some stuff up that we feel is necessary, so that this does stay a number one development and we don't affect the people around it. Mr. Shoemaker had some very good points about the traffic, about the runoff and all that stuff, which we can take care of in the development agreement, but while we don't want to hinder any of the existing subdivisions and stuff, we will -- you know, we should allow you to go forward with a nice development, which I think you have got planned. So, that's my fence sitting. De Weerd: Thank you, Mr. Bird. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may throw in some additional comments. I have appreciated all the public testimony and everybody's time to come and make suggestions and offer things. I'm not as uncomfortable with the mega lots, perhaps, as some of the others. We have had other projects that have come through where there were several large lots reserved for future re-subdivision. In this case they are probably bigger in size than any of the previous issues, but the applicant has supplied a concept plan for them. When they are re-subdivided or re-platted they will have to come back through I would assume for public hearings -- I'm getting a nod from Director Canning. So, it isn't that we are just saying, okay, the mega lots can be anything. They will come through again. I would comment on the mega lot closest to Val Vista and the subject of the stub street down there. I am actually pleased to hear that the Val Vista people are getting together and attempting to strengthen their subdivision ordinance, so that -- one of the things that's difficult is having a five acre lot in the middle of a subdivision like that get redeveloped. I'm in favor of your move to prevent that. I think that's a good idea. Years and years and years in the future that -- what makes that even better for the City of Meridian is instead of having five acre redevelopments, if your entire subdivision has to agree to change the nature of your subdivision, then, you're talking about all of you getting • Meridian City Council January 16, 2007 Page 49 of 63 together on what would be, what, a 70 acre parcel -- that to me is more attractive to the City of Meridian and that could be 50 years from now, it could be, you know, two months as the Mayor says. I suspect it's not going to be, but it could be 40, 50 years from now, and, then, the opportunity to look at it as a 70 acre parcel to me is attractive, however long from now that is. The issue with the mega lot next to it and where the stub street goes, I agree that it may or may not be the right alignment to have it focused on your current narrowest lot. The purpose of having it there is that some day, 50 or 70 years from now when that develops, that there is an alternate circulation pattern that's available and as with many other subdivisions around the city, for a long time the stub streets don't go anywhere. It does not -- it is not going to connect to Val Vista until all 14 of you agree that you're going to re-subdivide your lot. It will be a stub street that ends somewhere. I agree with moving it when that mega lot is finally determined where it's location is. It doesn't need to be where it's currently depicted as far as I'm concerned. But to me I'm in favor of Val Vista strengthening your CC&Rs. I think there is a much future benefit to that a long way down. I do agree with having a stub street there somewhere, but I also want to say that doesn't mean it connects to Val Vista. It stops at the property line that currently exists. The other parts of the transportation aspects are actually exciting to me. I know there is issues that need to be worked out and they are not all going to be final until the conjunction of the Ten Mile area plan and the south Meridian area plan and the interchange -- there are going to be some things that perhaps need to be flexible until it's actually put into concrete. But my feeling is on whole this is a project that would be of benefit to the City of Meridian. De Weerd: Okay. Mr. Borton. Borton: Madam Mayor -- and I agree with and echo many of the comments the other Council members have shared and some, you know, of the specific concerns. You know, I asked questions about -- with regards to the park. I agree with Councilman Bird, I'm not -- not only am I not necessarily in favor of this pool area becoming any particular city amenity. I, for one, am not in favor of the park itself becoming a city park, as opposed to being a neighborhood park. I think the comments - I think it was Mrs. Stone who articulated it very well about the problems created by having a private park next to a -- excuse me -- a private pool and a clubhouse next to a public park. It's not a problem I would want to take on for the city. I think a lot of the discussion about setback requirements and road alignments -- Chief Anderson made reference to the alignment with the Ten Mile and the lighted intersection very close to a secondary intersection with Lamont. The vast unknowns which come with what could take place with an Overland realignment as you head west and the gravel pit and the implications of that, versus an Overland realignment, which I am in favor of, but perhaps one that extends further south, perhaps providing temporary access onto Ten Mile until it can connect further south at the intersection of Ten Mile and Lamont. There is opportunities to do things that should we proceed forward with some of these questions that we are all a little uncomfortable with. We are very impressed and pleased with what the developer has done to try to master plan it. It sort of sets some things in stone which I'm uncomfortable with. And in light of -- I think I made earlier remarks, if I recall, at the -- I think it was the Bear Creek West discussion, I made some general comments about Meridian City Council January 16, 2007 Page 50 of 63 concern with infrastructure from transportation, to school capacity, there is a variety of sewer capacity and things Mr. Grady made reference to. There is a variety of things that make me not particularly rushed to approve a project like this. My inclination is to not proceed forward with it in light of the concerns and in saying that I'm not expressing dissatisfaction with the entire project by any means, but all in all the questions are too great forme to proceed forward with approval. De Weerd: Council, I guess I hear a couple of questions and it might be worthy of continuing this to allow the developer time to maybe bring back why connecting to Lamont -- I know it's been discussed. It was discussed during the charrette, it's been discussed during the Ten Mile interchange design, and so I do think that he needs a chance to maybe bring some of that back and we probably need a response from Ada County Highway District, too. A little bit more specific than we have gotten to this point. I would also like staff to maybe bring back language on that stub road that we want to move westward that impacts Val Vista. I believe that in -- it was Redfeather that had a impact on a private lane and it was suggested if that were ever to redevelop, that stub street would, then, go forth and that it addressed the road improvements that would be needed to that rural built roadway. So, maybe we could reference that development and some of the things that were brought forth on that, because we do know when roads are connected, rural and lack of sidewalks and all of that is a major concern, if that ever were to happen. We have asked our community to develop larger, so we start seeing greater -- bigger picture things. Too often we get five acres here and 20 there and 60 there and we never see a picture and so I appreciate the neighbors working with this developer in trying to find something that -- they know it will eventually happen, because you can't run out and buy every field behind you. I know. I tried. My kids have moved schools -- my 13 year old I don't think has ever gone to a school her siblings have gone to, because of the boundary changes. But that's -- that's kind of the growth pattern that we are in. I was amazed when I found out that Mountain View a couple years ago, 40 percent of the kids in that school were from Meridian, the rest were from Boise. So, it's not just Meridian that's filling these schools, it's everyone, and that's why it always shifts and has an ebb and flow to the attendance districts. It concerns me, but it is -- it is part of the aspect. I would ask staff that if Council decides to move forward with this, to put in something a little greater on the dust abatement and I think it's a standard comment that we need to knew put in all of our subdivisions and maybe that the developer were to hand out his personal phone number, because I have been one of those houses that gets inundated with dust and it's not pleasant and it may be temporary for six month, but it certainly effects your quality of life during construction. Council, I guess I would ask for your direction, if some of these questions are pressing enough to continue for a week to get further information or if you are at a point where you can make a decision. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 16, 2007 Page 51 of 63 ~~ • Bird: On whether we want to go forward or do it now -- but my main concern is if we go forward, would the clerk get the minutes from all the ACHD meetings, because we have heard two or three different testimonies on what was said and what was implied and stuff, so we can read them. I would like to see that. Right now I don't know if I'm prepared to make a motion and get everything in the development agreement that needs to get there, if we go ahead with it. I would be in favor right now of reopening the public hearings, continuing it for a week, unless we are filled up next week, if -- so we will go two weeks or three weeks and just come back with the certain ideas that we want to hear, not the whole public that we have already heard. I'd like to see the minutes from ACRD, because we got three or four different views on what transpired at the ACHD hearings and what was said and what wasn't said, so I'd like to hear them and I have got some other questions I'd like to be able to look into. De Weerd: Mr. Berg and Dean, maybe we can get a copy of the Council portion of the discussion and staff can bring back information for -- that helps address the concerns that have been expressed and maybe bring back further information from Ada County Highway District on some of the discussions they have had and perhaps we can ask Gary to be prepared to testify and give us an update as well. Canning: Madam Mayor, Members of the Council, I was unclear on the first thing you said about getting -- De Weerd: Getting a copy of the minutes, so you know what all the comments or issues have been expressed by Council. That might help you in preparing for when this is brought back. Canning: So, you -- I'm sorry, Madam Mayor, Members of the Council, what -- the request I heard of staff was to bring back language on moving the stub west, to provide what will become a standard condition regarding dust abatement and Jim Jewett's phone number. I have that. And to get -- the clerk was going to get minutes from the ACHD meeting, but if there are other items I would prefer you -- if you could tell me what they are, because I'm not sure what I would be looking for in the minutes. De Weerd: Okay. Mr. Zaremba? Zaremba: Madam Mayor, I was going to kind of go this direction in support of Councilman Bird as well to perhaps reopen the hearing and continue it. And my thought was that what I would like to see would be a more final version of what the development agreement is going to be, the items that Director Canning has already mentioned and what I was going to do was add things to them. An agreement on what the minimum setback would be. I -- we haven't discussed that, but my personal opinion is that we already have an ordinance that defines the setbacks. The applicant is offering out of his own goodness to increase that to help satisfy the neighbors. My personal feeling is that 50 feet may be a little excessive. The applicant's compromise of 35 or 40 sounds better to me. Same thing in the development agreement about the heights. If 22 feet is the agreed amount, then, we -- I guess what I'm looking for is a final version of the Meridian City Council January 16, 2007 Page 52 of 63 development agreement. It would include in it the statements the staff has asked for about the design review and about the maximum of 1,252 and a minimum of 1,000 residential units through the whole thing. I assume the eventual decision about the fence needs to be in the development agreement. Am I missing anything? I'm just trying to make the list and support the idea of seeing the development agreement before we make the final decision. De Weerd: And that would include the language that we had -- and I pulled the subdivision out of my head, so -- I think it was Redfeather. If you could bring that and if the stub were ever to connect, who would be responsible for the road improvements and those kind of questions, because we did have this discussion a couple years ago on that. Fencing type, Council, that's something that would have to be stated as well. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: .Dust a comment on if Val Vista ever redevelops, they may have an entirely different road alignment that would satisfy that redevelopment. I wouldn't -- normally, whoever does the subdivision, it's their responsibility to connect to the old stub road and whatever improvement they need. De Weerd: Well, I have already been sold on Mr. Nichols vision that those will be preserved to a five acre paradise in the middle of an area that -- and that sold me. If I had the money I would buy a lot, the one that needs to be sold. Zaremba: Well, Madam Mayor, that being true, the stub street -- De Weerd: But, then, you would have to annex it, because I have to live in the city limits. Zaremba: Madam Mayor, that being true, then, the stub street would never connect, so it doesn't become an issue until all the property owners agree they want to re-divide the whole 70 acres and, then, it would connect to probably a totally new street. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What's the consensus of the Council? What do you want to do? I mean I'll vote, I'll continue, whatever you want to do. I can vote tonight if somebody can make a motion to get all the points in. Rountree: Madam Mayor, my preference would be to not see a final development agreement by any sense of the word, but at least an array of the things we have talked about tonight, to commitments that have been made by the developer in testimony. A Meridian City Council January 16, 2007 Page 53 of 63 couple things I would add to Councilman Zaremba's list is that there be solid fencing. I would be inclined to agree with vinyl. In terms of a setback, I believe 30 feet would probably be adequate. I would like just to explore the opportunity to provide astub -- and it could be one or two lots to the west of where it's proposed on the current map. A 22 foot home height I'm okay with, but we need to establish the base line. Is that from the center line of the road? Is that the highest grade of the lot? You know, what's the point of reference? And I think we have some standard language that will address that in Public Works. I would like to see the streets accommodate to the public transit in terms of bus stops, benches, possibility of some park and ride near or at major intersections within the development. I'm inclined to agree that it probably ought to be a private park and pool. I have the same issues that Mrs. Stone has about you have one or the other. Having been in the park business and still in the park business occasionally, it's very difficult. If this does come to pass, the folks that live out there are going to have extreme ownership in that, so I think probably that might be the best thing and not have the city involved in it. Speak specifically about the architectural guidelines and when they will be done and the city will have input in those and a say in them and that they will be done before any land transactions take place. I want it made clear in the development agreement that on the mega lots that at some point in time in the future if there is variances required in order to make it fit the particular zoning designation that might be assigned, don't bother coming back. Going to make it work. And, then, on the other side of the coin, take a look at the public interest for the City of Meridian on whether or not this is the right thing and the right time to do it. So, I'm not precluding the possibility of a motion that would deny the request. Canning: Madam Mayor, Members of the Council, I can help you on all of them but the last one there. De Weerd: And that's the chicken and the egg question. He just wanted you to bring that one back. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of the list, which I do think would be extremely valuable, additional information for all of us, the choices, Anna, to provide that response appear to be one week or three. It looks like agendas and things to be opened are January 23rd or February 16th. I'm curious how much time do you think you would like? Canning: Madam Mayor, Members of the Council, the items that you have included I think could be -- with the help of the city attorney's office we can get a draft development agreement to you. Usually, we just give you the provisions of that development agreement in your staff report, but we can go ahead and do a draft development agreement. Most of them, from what I'm seeing, shouldn't take us long to prepare, it's just a matter of adding language to that document. So, I think we could Meridian City Council January 16, 2007 Page 54 of 63 shoot for next week. To get that in your packet we have to have it to you by Friday. So, it is a short turnaround, but I think it would be doable. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, the thing is, though, even getting it to us would be nice and sooner would probably be better. But we got to get it to the developer so he can have any -- his responses to it. And we need to get that all back by -- you know, his responses should show up here by Monday. De Weerd: I'll bet he will be right there when she has it done. I just suspect that. Zaremba: Madam Mayor? Canning: Madam Mayor, Members of the Council, I have to confess, I made a commitment to Mr. Jewett when he agreed to realign Overland Road at our request, I said I would help to keep this on track and if -- because he did that at our request. So, I would like to shoot for a week. If we don't hit that target, we could continue it, but I would like to shoot for the one week, if possible. De Weerd: Mr. Zaremba. Zaremba: Just to clarify -- maybe I'm not getting the semantics right. I'm not sure that I, myself, or other of us are actually asking to see the finished development agreement. The normal list that goes into the report cleaned up is what I'm looking for. Canning: Okay. Zaremba: And I think that can be even faster. De Weerd: Appreciate that clarification. And in regard to the chicken and the egg, I still think that we do need to have that information on why the alignment did not work with Lamont and a response from ACHD. I think that would help perhaps with some of the discussion that we have had. I certainly know on both sides of me that it would have been. Canning: And the response from ACHD is just with regard to Lamont; correct? De Weerd: Lamont and the public process -- Canning: Okay. Meridian City Council January 16, 2007 Page 55 of 63 De Weerd: -- of this realignment. And perhaps -- I think it was -- oh, we have that in front of us. So, give Council a chance to look through what Lochner and Washington Group have put together, too. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that I don't believe anybody who testified has left the room and I would, therefore, offer a motion to reopen the Public Hearing and continue it to January 23rd, 2007. Bird: I would second that and, then, I want discussion. De Weerd: Okay. I have a motion and a second with discussion. Well, lusually -- you don't have discussion on -- Bird: No. Just open it and, then, we will talk. De Weerd: All those in -- Zaremba: Other than to clarify I meant the Public Hearing on AZ 06-031 and PP 06- 031. De Weerd: Okay. All those in favor of the motion please say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On voting aye on reopening this, I don't want anybody to think that this one Councilman is not still open-minded and it is definitely not a slam dunk or a denial, either one. I'm here to listen and -- but by reopening it it is not guaranteed favorable to the applicant. De Weerd: Thank you, Mr. Bird. Are you opening it for limited -- for what you -- Bird: Well, I hope we are just limiting it. That's up to the maker of the motion. Zaremba: That was my intent. I perhaps didn't phrase it carefully, but it would be to basically review the elements of the development agreement, I believe. Nary: Madam Mayor? Meridian City Council January 16, 2007 Page 56 of 63 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, in your motion to continue this matter you can certainly limit the testimony that you want to receive at the next hearing and maybe -- I think what I have heard and Mrs. Canning has heard is you want at least a rough list of the conditions that you have discussed and placed on the record and the developer has agreed to in regards to some of the limitations on this project, you wanted information from the highway district in regards to the reasons that they had or concerns their staff may have had regarding the alignment of Overland with Lamont, as well as what future steps they wish to take in regards to that discussion and how that's going to be done in regard to the Lamont-Overland with the connections in that area, as well as the intersections. I think if those are the areas I thought I heard, then, you can just include that in your motion. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: With great appreciation to Mr.' Nary for having expressed exactly what I was thinking without clarifying it -- Nary: Lucky guess. Zaremba: -- the maker of the motion incorporates what he said. Bird: Second agrees. De Weerd: Okay. And is that what we all voted on? Oh, we didn't vote. Okay. If there is nothing further, we do have open a Public Hearing and direction to come back next week. Thank you. Thank you all for coming this evening. Okay. Item 11 is a Public Hearing on Proposed Fees for the Mayor's State of the City Address. Council, I'm going to break for five minutes. (Recess. ) Item 11: Public Hearing: Proposed Fees for Mayor's State of the City Address to offset costs for the event: De Weerd: Okay. I will go ahead and open tonight's City Council meeting again. The next item is Item 11 with the Public Hearing and I would like to start this discussion, since I saw the headlines in the newspaper and just about freaked out, but -- so, it seems that we need a little bit better education process here. Since I became Mayor we have really tried hard to make the State of the City more of a community event and open it up for not just chamber members. The first year we had 200 people and we don't have very many venues in the City of Meridian that allows 200 people to come to a • Meridian City Council January 16, 2007 Page 57 of 63 State of the City and sit down and eat lunch. The next time we had it we had 500 people and we had the Jabil building and that was a temporary fix and they even had cut it off and were turning people away. So, that necessitated a different venue. Certainly, we do not have a facility in the city that will accommodate more than 500 people for a sit down meal and I will not bring it to Nampa or Boise and I will not turn people away. The State of the City is our opportunity to let the community know the good things that our city employees are doing to the common interest and the common good and so last year the venue had to change, we couldn't have a sit down meal, and because it was different there were issues or issues to work out and it was the chamber board who said I think the city needs to do this and I agreed. So, that is why we are here today. During the budget process we did have this discussion. Ten thousand dollars was -- was contrived by a thousand people being able to fit in the Meridian Middle School times ten. So, you got a 10,000 dollar figure and that was an estimate. Until we put this on it's really hard to guess on what the attendance will be, but as the article pointed out, I think the major expense is food and you will find that with this, too. Even though we are having a Taste of Meridian that will have the tasting of the best of Meridian is what we are calling it and we are inviting the participants in the State of the City to partake and get a Taste of Meridian in several different ways. So, that in front of you is a sketch budget of -- that Stacy and Ron worked together to try and look at what hard costs would be. Variable costs are certainly those on -- depending on how many people will be participating or be -- yeah, participating in attending the event. So, Council, I had shared you some of the information that -- previous we did get comments back and incorporated them into the information that is in front of you. We do want this to be available to all businesses and all citizens in the city to participate and don't get me wrong, the chamber did not exclude, but I do know that if you weren't a chamber member you couldn't be a food vendor and, you know, again this is for the community of Meridian and we wanted our statement as open to all and we did not want to limit that and the chamber is a partner to this, they are working together with our staff and promoting the event. They have a member on our planning committee and so this wasn't the end of a partnership, it's just a different partnership. And I would open this up to any of the public who is out there who would like to testify. Thank you for your self restraint, Chief Anderson. And I know that the article writer has nothing to do with what headliners write, but the 10,000 dollars was certainly something that -- it's money in, money out, and it's not any taxpayer dollars. This is an event that is planned as break even and if we are fortunate to have more than that break even, we have stated to our sponsors that any proceeds would go into our MIAC scholarship funds. So, Council, do you have questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I see we have got a projected income of pretty dad gum good. How many of our sponsors and stuff do we feel we have got in place? Meridian City Council January 16, 2007 Page 58 of 63 De Weerd: We have a number of commitments. Until we have your approval tonight we did not want to solidify any of those prior to your -- but we have had so much, you know, interest from our businesses and -- both large and small, that have -- it's been very heartening to see the community really get behind this and say we want to make it our event. Businesses and citizens alike. So, we can share that, Mr. Bird, as those are solidified. Okay. We do have commitment from -- I believe St. Luke's and we are moving forward, because they are the title sponsor and they do need to be put on any material that goes on. So, we have been placing their logo, but, certainly, that is not concrete either. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just for the purposes of the record to Council, because this is a little unique for us with this type of Public Hearing. We do lots of public hearings on fees. These are sponsorships and we felt it was the safest route to make sure that there is no question in the public's mind that these are sponsorships and that are being charged and if anybody perceives them to be a fee, that we follow the correct process to institute that. So, that's why it's in front of you. I know you haven't seen something like this before. Most of the fees are normally pretty routine and related to licenses and services and those types of things, but just for the purpose of the record, we just want to make it clear that if anyone were to perceive that this is some sort of fee that the city was charging that that's why we are holding a Public Hearing to make sure that's all up front and open with everyone and that the amounts that are being charged and what they relate to and what they are for is very clear and up front, so -- De Weerd: And, Council, one other thing is an expense that is being sponsored and I would imagine several will be sponsoring it, is we will be producing an annual report that will be printed and available at the event and so that is a cost that because it would have -- it was never figured into the event, would have been absorbed by our taxpayers, that this is an event that will cover those -- those costs to put out that form of information. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If this is an opportunity to comment, my comments, actually, aren't directed at this year, they would be directed to perhaps future years. I have wondered in the past if there really had to be a meal served and I wonder if there might be consideration in future years of perhaps setting up half the hall for meals and the rest of it just with chairs and charging people a dollar, instead of charging the people for meals, whatever that fee is, but other people a dollar. And the second piece of that, as the city grows and grows, might there not be some opportunity to bend the arm of one of the local TV stations to broadcast it live? • Meridian City Council January 16, 2007 Page 59 of 63 De Weerd: It is being broadcast live. Channel 7 is using their 24/7 channel and it will be televised and replayed as well and so, you know, that happened last year and I think the year before. So, they have had real commitment to all of the communities and the mayor's state of the city to provide 24/7 type of coverage. So, that is available. Again, as even the Marriott opens up I believe they will have seating capacity for maybe 300. But, again, it's hard to fit those that would be seated only and I just have an issue with turning people away. And we have a great relationship with the school district. This venue, we will see if it works. We learned from last year and we have fine tuned it and, hopefully, the fine tuning that we have done this year will show a successful model and if it doesn't, it will be tweaked again and we will see how we can make it work to the benefit of the community as a whole. And this is not exclusive of an entity partnering with us, it's just ours right now. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of what you presented, it appears to me to be consistent with what I see from the city as a whole and your leadership in the Meridian lead to the extent you're providing a masterpiece in the making, which includes our local dining facilities, musical demonstrations, theater demonstrations, all encompassing your efforts to display the great things that the City of Meridian has done. I think it's fantastic. Your efforts I think are trying to think outside the box and present a bigger and better State of the City and if these sponsorship opportunities help provide that to our citizens, I have no problem with it. And we haven't tried this before. Hopefully it works. I know the reason that it's being presented is to provide more information and a better product to our citizens and the participants. I think it's fantastic. I think if anyone else is asking why we are including all of these different aspects into the State of the City, I would ask why not. I think you probably asked that and I applaud you for doing so and I'm anxious to see how this goes forward. So, the proposed fees are -- I have no objection to. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing the spin that was in the newspaper this past week versus what my knowledge of what was actually happening here, they are two different things and it seems to me that this event is for the Meridian community and anybody who wants to participate and it's by the Meridian community and anybody who wishes to participate. It's not a taxpayer activity per se. The items in the budget, in order for the city to be able to spend those sponsorship fees that people voluntarily bring forward, without it being in the budget, the city couldn't spend those volunteer dollars. So, to me there was an erroneous message sent to the public. I question why we are calling these fees. I think these are volunteer efforts, people out of their own desire to be recognized as part of our community and willing to contribute to the betterment of our community and • • Meridian City Council January 16, 2007 Page 60 of 63 spreading this message, as opposed to a fee, but if we have to treat them as fees, so be it. I don't have any particular issue with the sponsorship amounts that have been identified and apparently quite willingly accepted within the community and given the amount of folks that have come forward and are desirous of sponsoring this event. De Weerd: Thank you, Mr. Rountree. You know, as staff we weren't quite sure how to move forward and what to call them. I do know that we as a city, when we started the March for Parks, we had sponsorships and this kind of thing and I think, you know, with Gatsby and different auditing processes and procedures, that things are just a little bit different and we needed to plug the square in the round hole or peg in the round hole, whatever, so -- I have been driving all day. If there is any concerns now is the time to share them as we have -- staff has been very busy in pulling all of this together and are anxious to solidify it and move forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The fact, at least for this Councilman, the fact that Mr. Coulter has agreed to do a skit I think really seals it forme. De Weerd: I wouldn't really say that Ron is the taste of talent, but, you know, he's part of it. It's the talent of coordination, right, Ron? Okay. Well, this is a Public Hearing. If that's all the information that you need, I would consider a -- Bird: Madam Mayor? De Weerd: Unless any of you have comments. Ralph, anything? Bird: Anybody? De Weerd: Hillary? Frank? See, I know our public by name. That was pretty cool. Bird: I move we close the Public Hearing on the -- Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Resolution No. 07-547 Adopting Fees for the Mayor's State of the City Address: De Weerd: Item 12 is resolution -- Meridian City Council January 16, 2007 Page 61 of 63 Bird: Wait a minute. Oh, that's a resolution. De Weerd: Resolution number what? Bird: 07-547. De Weerd: Okay. I would entertain a motion to adopt Resolution 07-547. Zaremba: So moved. Bird: Second. De Weerd: Okay. I have a motion by Mr. Zaremba and a second by Mr. Bird. Any discussion? Okay. Mr. Berg, will you, please call roll. Nary: Madam Mayor, Members of the Council, normally you will have directed us to prepare a resolution approving the fees. Because of the time here, we have put them on the resolution tonight. So, if you approve the resolution you have approved the fees, so -- normally you would have had a gap and that's usually -- probably what the question is. De Weerd: Okay. Mr. Berg, I think we are ready. Berg: Thank you, Madam Mayor. Could I ask an effective date, because it's blank on the resolution? De Weerd: Okay. Mr. Nary, would that effective date to be effective today? Nary: Yes. De Weerd: Okay. The motion maker is Mr. Zaremba. Is the effective date today? Zaremba: I accept the effective date of -- is it still the 16th? Yes, it is. January 16th, 2007. De Weerd: Second agrees? Bird: Yeah. De Weerd: Okay. Thank you. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council t January 16, 2007 Page 62 of 63 Item 13: Ordinance No. 07-1288 AZ 06-049 Request for Annexation and Zoning of 13.25 acres from RUT to an R-8 zone for Larkspur South Subdivision by Greenspur Investments, LLC - 230 & 240 Edmonds Court: Item 14: Ordinance No. 07-1289 AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: De Weerd: Thank you. Mr. Rountree and Mr. Bird were anxious to have a tie breaker there. Okay. Could I have the ordinances for 13 and 14? Number. Bird: 07-1288 and 07-1289. De Weerd: Okay. Mr. Berg, will you, please, read these two ordinances, 13 and 14, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1288, an ordinance for annexation of property being classified as Section Edmonds Subdivision, Book 33, Page 2050, Ada County Plat Records within the northwest quarter of the southwest quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1289, an ordinance for annexation of property being a portion of the east half of the northeast quarter of the northwest quarter of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, Council? Meridian City Council January 16, 2007 Page 63 of 63 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approved ordinances 07-1288 and 07-1289 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve ordinances on Items 13 and 14. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Just one thing before I seek a motion to adjourn. I know that both Keith and Charlie have indicated an interest in attending Mayor Dale's state of the city tomorrow. Ron, am I the only one going? Were you or Shelly going to that? I was asking a question. If the answer is no, that's okay. But they would like tickets, so if you can arrange that in the morning, that would be great. Thank you. Bird: You will get us some tickets, Ron? I'll just pay for it. De Weerd: Okay. We'd entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 10:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APP VED: ~\~~a\e~+oll+s,+tarra`~ ~® P~~~`~e~-t ~~ e ~~~t~ - TT - ~ AID /e~''''/ . ~ \``~`4~e /,~~~~101101 IIEaC44®,40~ 2, 6 , ~7 DATE APPROVED j~~.e- G. BERG J ., C CLERK January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of December 19, 2006 City Council Regular Meeting: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 12, 2007 SHP Ob-011 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT TBID-MOBI-SL, LLC ITEM NO. 5-B REQUEST Request for Shorf Plat for 12 units within one office building, on 1 building lot on 7.b8 acres in an L-O zone for Touchmark Medical Condo Subdivision - 3525 E. Louise Drive: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Staff Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. January 12, 2~J7 AZ 06-055 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT City of Meridian Public Works Deportment ITEM No. 5-C REG2UEST Findings Request for Annexation and Zoning of l .l 2 acres from RUT to an R-4 zone for Gene and Ereda BabbNt -- 2570 South Locust Grove Road AGENCY COMMENTS CITY GLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Sgs Aifachad ~ndinya CITY ATTORNEY CITY POLICE DEPT: CITY EIRE 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: ~. Materials presented at pub8c meetM~s shall ~ U 7 Phone: • 7S 8 - ~--~( ~-~ ~ff Initials: _.._..~_ property of fire City of Merldlan. ~J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~~ o ~ 200 ~itv ~f Meridian ~~t~~ `.erk Office ~Y; ~,~.~ ~` ~ > ''~.,,u g u~.a~c, ~~~, In the Matter of Annexation and Zoning of 1.12 acres from RUT to R-4 for Gene and Freda Babbitt, by The City of Meridian Public Works Department. Case No(s). AZ-06-055 For the City Council Hearing Date of: January 2, 2007 (Findings on the January 16, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 • C~ J 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions/provisions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the applicable provisions listed in the attached Staff Report for the hearing date of January 2, 2007 incorporated by reference. The conditions (if applicable) are concluded to be reasonable and the applicant shall meet such requirements as a provision of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The annexation legal description submitted with the application (stamped on October 20, 2006 by Glenn K. Bennett, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. There are no site-specific or standard conditions of approval for this application. Please see the attached Staff Report for the hearing date of January 2, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of January 2, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 By action of the City Council at its regular meeting held on the ~~~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~6~-!~~ COUNCIL MEMBER JOE BORTON VOTED_~~~~`-- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ~~~-C.~ COUNCIL MEMBER KEITH BIRD VOTED_~~~ TIE BREAKER ~ MAYOR TAMMY de WEERD VOTED `~~iuuu~i~r~ `\\~ ~ ~~ ATTEST: ~ ~ ~~®~ ~~® ~l~r~~ WILLIAM G. BERG, JR., CITY CI~It~, "~~T 4~-~ , ~,~` %,`~ ~ ~~o '/%~°ii~i,eaato aiaao~ga>~~'4ao Copy served upon: ~ Applicant Planning Department __ ~ Public Works Department City Attorney By: City Clerk's Office de WEERD Dated: i-as-n-( CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-055 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKING DATE OF JANUARY 2, 2007 STAFF REPORT Hearing Date: 1/2/07 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 _ ~T ~_ rt~nF ~a~~! ~~ ~+ -: ~~ '~ `~~~ F SUBJECT: Babbitt Annexation AZ-06-055 Annexation and Zoning of 1.12 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, City of Meridian Public Works Department, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 1.12 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 1/3 mile north of Victory Road. This site is currently improved with one single- family residential building and accessory building. The subject request for annexation is based upon the fact that the well that services this home has dried up and the home needs to be hooked up to City water. Gene and Freda Babbitt have signed an affidavit of legal interest, granting the Public Works Department the authority to submit the subject application on their behalf. This property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMIVIARY RECOMMENDATION Staff has provided detailed analysis and recommends that the subject application be approved. Staff is recommending approval of the proposed Babbitt Annexation (A2-06-055) as detailed in this report. The Meridian Plannine and Zoning Commission heard this item on December 7, 2006. At the public hearing, they moved to recommend aunroval a. Summary of Commission Public Hearing_ i. In Favor: None ii. In Opposition: None iii. Commenting: None iv. Written Testimony: None v. Staff Presenting Application: Caleb Hood vi. Other Staff Commenting on Application: Mike Cole b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation• i. None d. Outstanding Issues for City Council: i. None a. S ~mmarv of R~bli Hea 'n i. In Favor: None ii. In Opposition: None iii. Commenting: None Babbitt Annexarion - AZ-06-055 PAGE 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE ~ G DATE OF JANUARY 2, 2007 iv. Written testimony: None v. Staff presentine application: Anna Borchers Carmine vi. Other staff commenting on application: Len Grady b. ev Issues of Discussion by ounc'l: i. one c. ev Council Changes to Commission Recnmmen ation• i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-06- O55 as presented in the staff report for the hearing date of January 2, 2007, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06-055 as presented during the hearing on January 2, 2007: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-06- O55 to the hearing date of ('insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2570 S. Locust Grove Road /Section 20, Township 3 North, Range 1 East b. Owner: Gene & Freda Babbitt 2570 S. Locust Grove Road Meridian, ID 83642 c. Applicant/Representative: Karie Glen, Meridian Public Works Department d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to R-4 for 1.12 acres of property currently zoned RUT in Ada County. g. Applicant's Statement/Justification: In March of 1994 when Los Alamitos Subdivision public hearing was held we thought that the addition of our farm property to the city included our home site. Later we discovered that we were not included and would need to be annexed separately. The City of Meridian is contiguous to and extends in every direction from our property. We are now out of water and are in dire need of water to live in our home (see letter from Gene & Freda Babbitt, dated October 15, 2006 for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. Babbitt Annexation - AZ-06-055 PAGE 2 CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE• G DATE OF JANUARY 2, 2007 By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper not cations published on: November 20 and December 4, 2006 (for P&Z Commission hearing) and, December 11 and 25.2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: November 9, 2006 (for P&Z Commission hearing) and, December 8, 2006 (for City Council hearing) d. Applicant posted notice on site by: November 27, 2006 (for P&Z Commission hearing) and, December 22, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: Over the past several years, this area has transformed from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Residential, Los Alamitos Subdivision, zoned R-4 2. East: Residential, Los Alamitos Subdivision, zoned R-4 3. South: Single-family home on large parcel, zoned RUT (Ada County) 4. West: Residential, Salmon Rapids Subdivision, zoned R-4 d. History of Previous Actions: In 1994 the City Council approved the annexation and zoning of the Los Alamitos development. The subj ect parcel was not included within the boundaries of the development, it was an out parcel. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Residence is currently connected to City sewer. Location of water: Residence is currently connected to City Water. Issues or concerns: None. The sewer and water hook-up fees for the existing residence have already been paid. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for, when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-4 (Medium Low-Density Residential) 7. Size of Property: 1.12 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. Staff believes that the applicant does not have any intention of further developing this property at anytime in the future. Further, once ACRD acquires right-of--way for Locust Grove Road from this site, there will be very little "useable" area on this site for redevelopment. Staff believes that the subject Babbitt Annexation - AZ-06-055 PAGE 3 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 2, 2007 use on this site, asingle-family home, will continue as is, for the foreseeable future. g. Landscaping: 1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is required adjacent to Locust Grove Road, an arterial roadway, when this property re- develops (LTDC 11-2A-4). 2. Width of buffer(s) between land uses: N/A h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is provided from Locust Grove Road, and not Time Zone Drive. If and when this property re-develops in the future, Staff will recommend that direct lot access to Locust Grove Road be restricted/prohibited. 7. COMMENTS MEETING On November 17, 2006 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies were unable to comment as there was no conceptual design provided. No comments are included with this report as all uses will require at minimum a certificate of zoning compliance where the agencies will have the opportunity to condition specific uses. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) Staff recommends that the Commission and Council rely on any verbal or written testimony that maybe provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. Babbitt Annexation - AZ-06-055 PAGE 4 CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is not proposing any new land use for this property. Staff believes that the existing single family home is compatible with the other residences in this area. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application includes a request for the R-4 zoning designation. Except for one property to the south currently zoned RUT in Ada County, all of the adjacent properties are currently zoned R-4. Staff fznds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, the zoning of other properties in this vicinity, and further enhances the variety of zoning designations south of the interstate. Stafffznds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-ZA-2 lists single-family dwellings as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: As mentioned above, the subject property is proposed for annexation because the well serving the existing home has dried up and the residence needs to be hooked up to city services. There is no additional development planned for this property. Based on the policies and goals contained in the Comprehensive Plan, and what is happening in this area, Staff believes that the requested R-4 zone is appropriate for Babbitt Annexation - AZ-06-055 PAGE 5 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 this property. Please see Exhibit B for detailed analysis of the required facts and fmdings. The annexation legal description submitted with the application (stamped on October 20, 2006 by Glenn K. Bennett, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In anticipation of this application being approved, the applicant has already paid the required sewer and water hook up fees for the existing residence. There are no additional requirements that staff can think of regarding annezing this property. Therefore, Staff believes that a DA is not necessary in this instance. All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R-4 zoning designation. On December 7.2006, the Meridian Planning & Zoninst Commission voted to recommend aouroval of A~06-055 n an Marv 2 2007. the Meridian City Counc'1 VO Pd ~'A ATTI'AVP A7 O~-OSS_ 11. E~~ITS A. Legal Description B. Required Findings from Unified Development Code Babbitt Annexarion - AZ-06-055 PAGE 6 CITY OF MERIDIAN PLASSDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 A. Legal Description BvI7NDARY DF,gCI~IPTTON F`OR TIC CITY OF iti"~RIDI.4I+T, IDAHO BADBITT Al1TiY~XATH?I~T A parcel located i:l the N~+ %, of #~ SiY Ja of Section 2q, Township 3 xorrh, Range i Noise Meridiac~ Ada Co~atty, Idaho, tnoxe catariy descaibed as follows: Cammc nciag at r~ 3f8 inch diameter ir€~a pin msrlcing the southwesterly comer of th© SW '/, of mid Ss~tion 2q, from which a s°t~l Erac rnarkiag the norih~aicsterly corner of said SW '/, bears N q°44'49" E a distance of2654.6$ -feet; Thence N q°44'49" E airing the wesf+~ty ~ of mid SVID 1. a distance of 1 ~L01 feat t4 she PAIN'!' OF BECaII+TG,• Thence continuing N q°44'49" E a distance of 2.83:04 feet to a ~inr on the extension of the boundary flfllJS~1~4.M17'QSP~~tKS'UBI~IYISlON.~'Q 1; 'Tltetie+e ieag said westerip boundary S 89°15'] I" E along said LEAS r].L'G-S p SU~~77F`IStQ,N N0. I boundary a distance of 242.78 feet to a point marking an ~idLU5~A11~177`(~SP~It~St,~I?ItPl~lt?~1T1Vf~ l; ~Pointin 'thence continu,~g along said ~C1S .~T~l~S ~'.r1ftK SU.8.171~S7t?1V NO. 1 boundary S 4°44'49" ~V a diste~ of 2iDq.g0 feet to $ point; T~~ leaving said y N 89°58'1 i° ~V' a distance of 242.8q feet to tine PAINT 4P HEC3rII111V1Iv`Ci. This parcel cont~s 1.i2 acres. wed by: Glonn if.. Bennett; PI.S Civil Survey CoffiultaAts, Inc. c3etober 2q, eons ~ acs o CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY Z, 2007 s~rc,~r To ~ I~co~.,- ~ Tro~v D~sc~rPTroN - FD.R PARCEL LO~ATL'D l1V' fiHE 1VT~' 1,/4 DF .~ S'FY 1/4 DF SECTrON 2D, TG-,~lTNS'HrA 3 NORTra~ .~AIYGE 1 EASfi BOISE 1LI.E'r>~rl)rA1t; ADA CO'F~NTY, rDA1~0. ,,~.~ ~\ --~ °~ aea~K a ~ ~~ ~ S 88'f5`1 f' E 242.78' ``a 0 • N a~4BBl7T 1.12 14CJFE5 ~ 9 RLC~K 3 4 LBS .4L,4AlPTfS' PARK 5'Ue3fd1!?~'lSjAB Nf] f y S ' ° ~ ' lIf 89 58 1 T yY 2~f2.8f1 v g @F1' ~C3VAL 1B 2D MERID1a1N PUBLIC .30 2Q WORKS QEP'~ CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 2, 2007 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section S, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. B-1 • January 12, 2007 AZ 06-053 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT Ada County Highway District ITEM NQ. 5-~ REQUEST Public Hearing -- Request for Annexation and Zoning of 2.0 acres from RUB' to an L-4 zone for Ada County Highway DisMct Locust Groves Raad Pond -- 1280 North Locust Grove Road AGENCY coMMENTs CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see Attached Flndtn~a CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~,~J'~ 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: r Contacted: Date: ~ ~ 0? Phone: `~C ~ ~ ' -[ 0~( Emailed: ~ti ! vv ~ nc ~ Staff Initials: M erlals presented at publk maetUtps shall become properly of the City of Merman. ~/!N 0 41006 "qty Cf I~[eridian ~.it~%-clerk ®f~ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER t : < ~ ~ ~ ` eta mp ~+x!"' ~.,~ ' : ~ ~ ,~:~~ ~~. ~t~, In the Matter of Annexation and Zoning of 2.0 acres from RUT to L-O for a Storm Drain Pond, by The Ada County Highway District. Case No(s). AZ-06-053 For the City Council Hearing Date of: January 2, 2007 (Findings on the January 16, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 2, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-053 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions/provisions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, and the applicable provisions listed in the attached Staff Report for the hearing date of January 2, 2007 incorporated by reference. The conditions (if applicable) are concluded to be reasonable and the applicant shall meet such requirements as a provision of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The annexation legal description submitted with the application (stamped on October 4, 2006 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The conditions/provisions of approval for this application are as stated in Section 10 of the attached Staff Report for the hearing date of January 2, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of January 2, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-053 • By action of the City Council at its regular meeting held on the ~ ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~~ COUNCIL MEMBER JOE BORTON VOTED__ <~ti COUNCIL MEMBER CHARLIE ROUNTREE VOTED__ ~~~G~ COUNCIL MEMBER KEITH BIItD VOTED__Z~ TIE BREAKER MAYOR TANIMY de WEERD VOTED ~~ N MAYaO~~ I ,~je~d,WEERD ATTEST: \~ ~~ ,~ ~~~~ WILLIAM G. BERG, JR., C CLERK ~ ~'~, ,~~~~' `~ Copy served upon: ~ /~~pplicant ~~~~~//II II iBI00~`\~~ / Planning Department ~ Public Works Department -~ City Attorney By' Dated: ity Clerk's Office I-aa -0-i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-053 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE I • G DATE OF JANUARY 2, 2007 STAFF REPORT Hearing Date: 1/2/07 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 J SY V 1 ~ ,- ~9 ~; u~.+sio ~..~ ~~€q~ - SUBJECT: ACRD Locust Grove Road Pond Annexation AZ-06-053 Annexation and Zoning of 2.0 acres from RUT (Ada County) to L-O (Limited Office). 1. SiTMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to L- O (Limited Office) for 2.0 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 1/3 mile south of Fairview Avenue. This site is currently improved with one single-family residential building. The subject request for annexation is based upon the fact that ACHD wants to use this entire property as a storm drain pond. This property is within the City's Area of Impact and Urban Service Planning Area. 2. SUNIlVIARY RECOMMENDATION Staff has provided detailed analysis and recommends that the subject application be approved. Staff is recommending approval of the proposed ACRD Locust Grove Road Pond Annexation (A~06-053) as detailed in this report. The Meridian Planning and Zoning Commission heard this item on December 7, 2006. At the public hearine, they moved to recommend approval. a. Summary of Commission Public Hearing_ i. In Favor: Doug Russell, The Land GrouU, InC. ii. In Opposition: None iii. Commentin :None iv. Written Testimony: None v. Staff Presenting Application: Caleb Hood vi. Other Staff Commenting on Application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issues for City Council: i. None a. i. Favor: Doug Russell. The Land Groun. Inc. ii. Opposition: None iii. Commentine: None iv. Written testimony: None ACRD Locust Grove Road Pond Annexation - AZ-06-053 PAGE I CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 v. Staff nresentine application: Anna Borchers Canning vi. Other staff commentine on application: Len Gradv. Bill Nary b. ev Issues of Discussion by Counc'l: i. aintenance of nond(sl and landsc~ine in and around the ponds c. ev Co ~nc'1 Cha ges to C'ommissinn R .rnmm .n ation• i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-06- 053 as presented in the staff report for the hearing date of January 2, 2007, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06-053 as presented during the hearing on January 2, 2007: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-06- 053 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1280 N. Locust Grove Road /Section 8, Township 3 North, Range 1 East b. Owner/Applicant: Ada County Highway District 3775 N. Adams Street Garden City, ID 83713 c. Representative: Doug Russell, The Land Group Inc. d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to L-O for 2.0 acres of property currently zoned RUT in Ada County. The applicant intends to construct a storm drain pond on this site. g. Applicant's Statement/Justification: Currently the property consists of uninhabited and dilapidated residential structures. After approval of this application, we intend to build an ACHD drainage facility that will store all storm water from Locust Grove between Franklin and Fairview. The entire perimeter of the project will be fenced (see letter from Doug Russell, dated September 21, 2006 for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 2 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 20 and December 4, 2006 (for P&Z Commission) and, December 11 and 25, 2006 (for City Council hearing c. Radius notices mailed to properties within 300 feet on: November 9, 2006 (for P&Z Commission hearing) and, December S. 2006 for City Council hearing) d. Applicant posted notice on site by: November 27, 2006 (for P&Z Commission hearing) and, December 22, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There is an existing home and other outbuildings on the subject site. The applicant intends to remove the existing structures. b. Description of Character of Surrounding Area: Over the past several years, this area has transformed from rural to urban. There are still several underutilized properties on Locust Grove Road near this site. c. Adjacent Land Use and Zoning: 1. North: Residential, Large county parcel, zoned RUT 2. East: Residential, Large county parcel, zoned RUT 3. South: Single-family home on large parcel, zoned RUT (Ada County) 4. West: Residential and future commercial, Keziah Subdivision, zoned R-40 and C-C d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: No sewer adjacent to this site. Location of water: Locust Grove Road. Issues or concerns: None. 2. Vegetation: There are some existing trees on this site that should be protected or mitigated for, when this property develops. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: 7. Size of Property: L-O (Limited Office) 2.0 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. However, the applicant has submitted a landscape plan for how the site will be developed as a storm drain pond. Staff believes that the applicant does not have any intention of further developing this property at anytime in the future; all of the property will be used for drainage purposes. g. Landscaping: ACHD Locust Grove Road PondAnnexation - AZ-06-053 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 1. Width of street buffer(s): Per City Code, a 25-foot wide landscape street buffer is required adjacent to Locust Grove Road, an arterial roadway, when this property develops (UDC 11-2A-4). The applicant is proposing a 30-foot wide landscape buffer along Locust Grove Road. 2. Width of buffer(s) between land uses: N/A 3.Other: The City and ACHD have a master agreement regarding these storm drain ponds. As part of that agreement, at ACHD's sole cost and expense, the Highway District shall construct and install the Storm Water Drainage System and landscaping and landscape irrigation system in Meridian, Idaho, in accordance with designs, plans and specifications approved by the City in advance and in writing, and in compliance with all applicable statutes, City approved design standards. The City shall maintain the landscaping and operate and maintain the landscape irrigation system thereafter, at its sole cost and expense. The City shall, at its sole cost and expense, perform the following maintenance on the landscaping surrounding ACHD's Storm Water Drainage Facilities covered by this Master Agreement: Grass care, pruning trees and shrubs, clean-up of litter and debris and application for shrubs, trees and groundcover. Staff is supportive of the landscaping proposed on the plan prepared by The Land Group, dated 9-25-06, Sheet L-1, as it appears to comply with the design standards of the master agreement. h. Summary of Proposed Streets and/or Access: The applicant is proposing a loop maintenance road around the future drainage pond. This loop road is gated at both locations near Locust Grove Road. Generally, Staff does not support direct lot access for developments along arterial streets. However, the future use of this site as a storm drain pond will generate very few vehicle trips. Therefore, Staff is supportive of the design, as proposed. NOTE: Amulti-use pathway along the Jackson Drain is shown on the Comprehensive Plan Future Land Use Map. However, it has been determined that the path belongs on the northeast side of the Drain in this area, not the southwest. 7. COMMENTS MEETING On November 17, 2006 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Except for the Parks Department's comments regarding the proposed landscaping, no other agency/department comments are included with this report. Prior to construction of the future pond (or any other use) a certificate of zoning compliance should be submitted. At such time other departments like the Fire, Police, Building and Public Works Departments will have the opportunity to review and comment. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non- residential building area, and is intended to allow a broad range of uses. Staff recommends that the Commission and Council rely on any verbal or written testimony that maybe provided at the public hearing when determining the most appropriate zone for this property. ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 4 CITY OF MERIDIAN PLANN~G DEPARTMENT STAFF REPORT FOR THE H• G DATE OF JANUARY 2, 2007 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) Staff believes that the use of this site for a storm drain facility should be compatible with the other uses in this area. Staff finds that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists minor public utilities as a Permitted Use in the L-O zone. Public Utility, Minor is defined as: The use of a site for minor public utility infrastructure including, but not limited to: 1) pumping station for water, sewer, or gas; 2) electric sub-transmission line, electric distribution line; 3) water tank; and 4) storm drainage facility and storm detention facility that is not within aright-of-way. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 5 CITY OF MERIDIAN PLAS~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standazds: No dimensional modifications aze being requested for the proposed development; full compliance with the UDC is required. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: As mentioned above, the subject property is proposed for annexation because ACRD intends to build a drainage pond on this site. The City requested that the subject property be annexed, so it would not be a county enclave. There is no additional development planned for this property. Based on the policies and goals contained in the Comprehensive Plan, and what is happening in this area, Staff believes that the requested L-O zone is appropriate for this property. Please see Exhibit B for detailed analysis of the required facts and fmdings. The annexation legal description submitted with the application (stamped on October 4, 2006 by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As mentioned above, the City and ACRD have a master agreement regarding these drainage facilities. Aside from amending the master agreement with the City for this specific pond, ACRD should be required to file a CZC application prior to constructing the storm drain pond (as was required with the other storm drain ponds recently built) so City Staff can verify that all landscaping will be completed per the submitted landscape plan. There are no additional requirements that Staff can think of regarding annexing this property that are not currently included in the master agreement. Therefore, Staff believes that a DA is not necessary in this instance. All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glaze or 'odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an L-O zoning designation. Staff further recommends that the City and ACRD amend Exhibit A of the master agreement and license regarding ACRD storm drain ponds to include this site. On December 7, 2006. the Meridian Planning & Zoning Commission voted to recommend aAUroval of AZ-06-053. n Janua_rv2. 20.07_. the Meridian City Council voted to aunrove A~06-053. ACHD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 6 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 11. EXHIBITS A. Legal Description B. Required Findings from Unified Development Code C. Vicinity Map and Landscape Plan ACRD Locust Grove Road Pond Annexation - AZ-06-053 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 2, 2007 A. Legal Description .t 7I$Bc L~IVD G~ l1VC, {)cto~r 4,.ZOt~G >~~tion LtNStiSF Ga~fYO Oil, F i28(thi. Last G`raua ~. ~a Iu I~eitvl~sev} 2,t~ A tom of l$rul meted in a pardon of t4sa Nortfivest Qr#~ sr~~on S, To~iP 3. ~ioxib„ ~ i moil p~enlsrty descti°b~d as fpltuv~s: ~tcing at a p4ia~t ~on saki dun liae ~htch s So~rth A degrso ~i' t 8a2.Q feet ffam sown corner tva ta-seactiotts 5,6;7 end 8~ Tip ~ Aiort~i 1 ~3se IN end bedtl$ t~ ti~3T't~I~ ~iEt}; Thenca mash {IO°'41'~° alvn~;s~id sec~ior- ~e a r~iaeaucs c~"3~42.~`3 fit to e po9a~ Thc~te: lscrtti ~9' t9'~' a dista~e o£5@8.27 feet tc> tius centertioe of a di2clr, Tft~ce AtortH 55°41'QQ" '~Dii~ alcsng said dl~ +~at~`lino a d€~ta~e ~f 613,Q8 feettts fife P~iicd ofHen~. ~x~ g1rt afWay forI:aEUC~t Clrove Road. '[~ abo~e~ai~ ieac4 of ]I contaias 2.OQ:,,. a~ad~hway. ~: THE. ~ EIR~}UP, IJ~iO. 4G2 E. 9Ht3Rt3 DRt, $~]I1~ i0p EAf~il.R?.4i3tfl ffi5~6 2t?&939-4~d~3 ~~+ Qaavn+. ~~ _ ~~~ p ~ ~~ M ~~'~ ~~p to e!I ~sti~ 462~5!]Atve,Sic.169.'P~gk.lt~i~mo8I816~F~S39.~Ni1p~9,~d43+,Ltt i~nggtt~ t&"3115Adt~in1"fcg~Ys~Ii~~biDD3 !_ 'dA~ A-1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE KING DATE OF JANUARY 2, 2007 L4~UST QRaVE RD ~~ ~~ -t Iu ~ ~~ n~~ ~~ ~G ~m ~ t ~- y r 4 ~'~o~ ~_ ~ ~+ ~'~m ~~ ~, e 4~ c ~ Ilil~ ~~~ ~~ p Tt G1 -f !~7 -i i ~~ ~~ eR ~~i ~~ ~-,CH~9 ' .., ~M1'~ ITipN $s REZ~(1~E ~'r'~':i A-2 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 7, 2006 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L-O. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that future development of this property as a storm drain retention pond should comply with the established regulations and purpose statement of the L-O zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (iTDC 11-5B-3.E). The City Council finds that the annexation and zoning of this properly to L-O would be in the best interest of the City. B-1 CITY OF MERIDIAN PLANN• DEPARTMENT STAFF REPORT FOR THE • G DATE OF DECEMBER 7, 2006 C. Vicinity Map and Landscape Plan ~~ f i _-~ - r G O Q. '~3 Q} +~ U Q J Z c-I CITY OF MERIDIAN PLA1'~]~DEPARTMENT STAFF REPORT FOR THE G DATE OF DECEMBER 7, 2006 ~~~~ l i ~ w r+. •~• 'J: E '.h' '~ ~ ~ 'X , './ ' J'. ~, ~ . ~ ~~~. f ~ ~~ ~••• ~ P{~ ~ n, ` ~ f ~r `' I ~~ r . ~ ~' t .~ 's C ~,, i / L ~~ .J'e^~~~ ~ryy~y'_~~'~_7.rrk a.~ Tc ~Y =.~ t z V t ~ F i ~ F C-2 • January i 2, 2~7 MERIDIAN CITY COUNCIL MEETING C~ J AZ 06-044 January 16, 2~7 APPLICANT Dan Wood ITEM NO. S-E REQUEST Development Agreement -Request for Annexation and Zoning of 19 acres from RUT to R-4 zone for VYhff®bark Subdivtslon - 2135 East Amity Road AGENCY CITY GLERK: 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 wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Con#aeted: Emailed: c~~,~n ~, (~°, Materials presented at public COMMENTS See ttitgch®d Development Agreement Date: ! ~ d~ Phone: ~~ C~~d (I-ee~ .c,,~dff Initials: as shop become property 4i the CUy of Meridian. • ADA COUNTY REt~RDEI~AVID NAVARRO AMOUNT .00 37 BOISE IDAHO 01 P16/01 PBI DEPUTY Patd Thompson II~ IIII~II~IIIIIIII~II'IIIII'll`II'll RECORDED-REQUEST OF 11~7~111'~1 Citq of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Cindy K. Lewis Trust, Owner/Developer THIS DEVELOPMENT AGRF,~MENT (this "Agreement"), is made and entered into this Z "~ day of ~~~ k~.. • , 200 , by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", Cindy I~. Lewis Trust, 2025 E. Chateau Dr., Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer isthe sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 1.S WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 1 OF 9 • of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 12`~ day of December, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERlDEVELOPER deems it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDMSION PAGE 2 OF 9 • of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Cindy K. Lewis Trust, whose address is 2025 E. Chateau Dr, Meridian, Idaho 83646, the party developing said Property and shall include any subsequent developer(s) or owners} of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TIiIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified as Meridian City Code Section 11-2A-2, as follows: Construction and development of 48 single fancily building tots and 8 common lots on Y9 acres in the proposed R-4 zone pertinent to this AZ Q6--444 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 3 OF 9 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That the following shall be the only allowed uses on this property: detached single family homes and allowed accessary uses of the R-4 zone. 6. That a maximum of 48 units will be constructed on this site. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian YTnified Development Code. 8. That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. 9. That the Gottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owner/Dcveloper's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Froperiy" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 4 OF 9 L~ 7.1 That the City provide written notice of any failure to comply with this Agreement to OwnerlDeveloperand ifthe Owner/Developer fails to cure such failure within six (6) months of such notice. 8. l[NSPECTION: Owner/Developershah, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer ofany one or mare of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including alI of the Exhibits, at Owner/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the Property by the City Council. If for any reason after such recordation, the City Couacil fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Develaper, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law ar in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ 06-044) WHITE$ARK SU$DIVIS[ON PAGE S OF 9 • 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developerhas entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvcmcnts have nat been installed, Completed, and accepted by the City. 15. ABIDE EY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 06-044) WHiTEBARK SUBDIVISION PAGE 6 OF 9 CITY: c/o City Engineer City of Meridian 33 E, Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83b42 • OWNER/DEVELOPER: Cindy K. Lewis Trust 2025 E. Chateau 1?r. Meridian, Idaho 83646 16.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parries hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination ofthis Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 06-044) wHITEBARK SUBDMSION PAGE 7 OF 9 21 • FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developeraad City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced. to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/orconditions goveriaing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CINDY'K. LEWIS Y n .,~~ 1~' By: CITY OF By: 'AMMY de WEERD /-- 6~ 0 Attest: • - ~;:~ _ '~,~' ,. - ~ ~ WII,LIAM G. BERG, , C i~~, ~`r ys~ .'` _,~ _`: DEVELOPMENT AGREEMEN'T' (AZ 06-Odd~y, ~~1~11yQtTBDMSION PAGE 8 OF 9 STATE OF IDAHO, ) ss County of Ada, ) On this ~ day of ~1('~lA(~R,~ , _!~~-, before me, the undersigned, a. Notary Public in and fbi' said State, personally appeared ~,a,nrl~.~ k.. (~e+l,~.S1 ~ , known or identified to me to be the ~4[~L.r'a~' of C K. LEWIS TRUST, and acknowledged to me that he/she executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Y 8, l ~,~~ ~~~ ~ * .~~+ ~VB'lr~G ~~~~ OP L9~~o , STATE OF IDAHO ) County of Ada ss Notary Public I Residing at: ~'~~,,~ My Commission Expires: q~ U` On this I lit`' day of aap'~ , before me, a Notary Public, pcrsonally appeared Tammy de Weerd d William G_ Berg, xr_, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~.•,~, GRF;~ •. l• (SEAL~•~ ~ %'4~~' ~. • •, •~~ ~, ~ . . ~ ~ • ", ~~ i ~i .. ~.~. ., ~~ ,gyp :: •,.^s ~~ n tL~ ~ Notary Public for Idaho Residing at: ~(' i 1 ~1 t Y L~ 1 p Commission expires: ~~ I 1-I~ DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDMSION PAGE 9 OF 9 • ~~~~~ ~~~ ` Lewis Annexation I3escniption 1450 East Watertower Sc Suite t50 Meridian, Idaho 83642 Phone (208} 846-8570 Fax (208} 884-5399 May 1, 2006 A portion of the East 1/2 of the NE 1/4 of the NW 1/4 of Section 32, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 29, 30, 31, and 32 of T.3N., R.IE., B.M.; Thence South 89°43'50" East, 1322.60 feet to the West 1/16 corner common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING. Thence continuing along the North boundary of said Section 32 South 89°43'50" East, 500.72 feet; Thence South 00°18'40" West, 356.50 feet; Thence South 89°43'50" East, 160.50 feet to a point on the North-South mid- section line of said Section 32; Thence South 00°18'40" West, 980.66 feet to the C-N 1/16 corner; Thence Nort]i 89°4S' 14" West, 661.99 feet to a 3/4" iron pin set in a concrete filled 6"x5' iron post; Thence North 00°20'39" East, 1337.43 feet to the Point ofBeginniug. Containing 19.Q acres, more or less_ Prepared By: Idaho Survey Group, P.C. C~ SCANNED TO COiNPUTER PILE ~ ~' ~ ~ ~ 1,,,_~,~/COPIED TO PROJECT FILE ,~ ~~ ~ of tai L~l COPIED TO: ){ ~7 ~.~'Fl'~ P~``~' YI+v APP YA ` ~... ~• Terry Peugh, PLS ABC ~ ~ ?nQ6 tYtEklCitAi~ ~uBUG ayORKS DEPT Professional Land .Sup-v~ero;Ys CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ I~~CE~V~~ DEC fl 6 20~ Ci eridian k Offiice In the 1-'Iatter of Anneatat[on and Zoning (A.Z) from RUT to R-4 AND Preliminary Plat (PP) approval of 48 building lots and 8 common/other lots on 19 acres, for WLYtebark Subdivision, by Dan Wood. Case No(s): AZ-06.044 and PP-06-046 For the City Council Hearing Date of: October 17, 2006 (contianed to October 24, November 8, November 21, and November 28, 2406, with liiadings on the December 12, ZOQb City Council consent agenda) A. Findings of Fact l . Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Repart for the bearing date of October 17, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) B. Conclusions of Law 1. The Ci~y of Meridian shall exarcrise the powers conferred upon it by the "Local Land Use Plarming Act of 1975," codified at Chapter &S, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title l l Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Ame~aded Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. Thd wnditions shall be reviewable by then Gity Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSioNS OF T AW AND DECISION & ORDER CASE NO(S). AZ-0b-044 / PP-06-04b - PAGE I of 4 • 4. Due co:tsideration has been given to the comsnent(e) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services requirai by the proposed development will aot impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be sigoecl by the Mayor amd City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesfiing notice. 7. That this approval is subject to the Legal Description, Preliminary flat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided is Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidencai by having submitted the Preliminary Plat dated August 3, 2006 is hereby conditionally approved; 2. The site specific and standard wnditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable} 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat wilhin lwu (2) years of the approval of the pmliminary plat ur unC (1) yt~ar of the combined preliminary aid final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submittal within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written raluest and filed by the applicant prior to the termination of the period in accord with 11-6~- 7.A, the Director may authorize a single extension of time to record the final plat not to exc~d eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Q6-044 ! PP-06-046 - PAaL 2 of 4 • final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the O~ovner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tell the time period within which a Petition for Judicial Review may be filed. 2. Flease take nonce that this is a final action of the gcrverning body of the City of Meridian, pursuant to Idaho Code § 6?-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: StaffReport for the hearing date of October 17, 2006 CITY' OF MERIDL~W FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06.046 -PAGE 3 of 4 ! • By action of the City Council at its regular meeting held on the ! ~~ day of 20D6. COUNCIL MEMBER SHAUN WARDLE VOTED_ I~~~V COUNCIL MEMBER JOE DQRTON VOTED_ C~~ CQi1NCTL MEMBER CHARLIE ROUNTREE VOTED_~~~ COUNCIL MEMBER KEITH BIIZD VOTED_ ~~~ 'TIE BREAKER MAYOR TAMMY de WEERD VOTED ~~' MAY.O~. T.p~Y de WEERD ATTEST: ~`'- ~.~`~`~y ~ ~~'''~~. TR ~_~`,, ~~~ ',''yam': ,~ O / - $~~L - II,LIAM O. BERG, ., C CLERK ~~ Copy served upon: /~ Applicant '~%~~~ `~~ , ~ ~,~`~ -~ Plam~ing Departm~lYt/„~.:....~~~,~~~~• -~i' Public Works Department ~„/. City Attorney By: ~ 9~V Dated• lei -a 0 ~ ~ LD City Clcrk's Office CITY OF MERIDIAN FINDiNG3 OF FACT, CONCWSIONS OF I,AW AND DECISION & ORDER CASE NO(S). AZ-06.044 / PP-Ob-046 -PAGE 4 of 4 i • C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE EIFAIUNG DATE OF OCTOBER 17, 2006 STAFF REPORT Hearing Date: 10/17/OG TQ: Mayor and Ciry Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 8845533 SXTAJEGT: Whitebarlc Subdivision • AZ-06-044 cmr ~ ~ iu.~o Annexation and Zoning of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zone ~ PP-06-046 Preliminary Plat of 48 single-family building lots and 8 common lots on 19 acres in a proposed R-4 zone 1. SYJ1vIIVIARY DESCRIPTI0111 OF APPLYCANT'S REQUEST The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada Gounty) to R-4 (Medium Low-beasity Residential) and Preliminary Plat apprnwal of 48 single family residential lots and 8 common lots for the Whitebark Subdivision. The site is located on the south aide of Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3 North, Range 1 Fast, and is contently referenced as Assessor's Parcel Nuwber 31132212600. Z. SrJNIIVIARY REC011~IIVIENDATION The subject applications (AZ-OG-044 and PP-06-04G) were submitteQ to lhC Planning Department fan' coacument review. Staffhas provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Whitebark Subdivision (AZ-06-044 and PP-06-04G) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zanina C,~.mmissiua beard these. items on Sentsp~>aer Zl. Z006. At the gnblic hearing they moved to recommend anlarovaL a. Summary of Commiesion Public Aging: i. In favor. Brown. Dan Wood ii. din opposition: Noce iii. Commenting: None iv. Staffpr~enting a~lication: Justin Lucas v. (liher staff commentin~nn applications Caleb Food b. Kev Issues of Discussion bx Commis~sfon: i. De~iRgof col-de-sacThauAmerhead at the terminus of the proposed South Limber e t. G ~Csv CQmmissioa Ci~tm to ~ at jff Recg~omRe-adation: i. None d. tandl~ng Asa al folr~ity Council: i. ~ Whiteberk Subdivisia~ ATr(1b-044, FP-06-046 PAGE 1 5~ CITY OF MERIDIAN PLANNING DEPARTMkT1T STAFF REPORT FOR THE I~ARWG DATE OP OCTOBER 17, 2006 i13 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- Ob-044 and PP-0b-046 as presented is the Staff Report for the hearira$ date of October 17, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all star applicant and public testimony, I move to deny File Numbers AZ-Ob- 044 and PP-06-04b as presented during the hearing on October 17, 2006, for the following rcrasuun: (SttstC sgts;ific rcxsaons fur denial of the anuCxrdlion and/ur prolimiuary plat rayur~sl.) Continuance After considering all, staff, applicant and public testimony, I move to continue File Numbers AZ-06-044 sad PP-Ob-046 to the hearing date of (insert contirwed hearing date here) for the following reason(s): (State specific Mason(s) for a c~~~~..e.) 4. APPLICATION AND PROPERTY FACTS a. Site AddresslLocation: 2135 E Amity Road Section 32, T3N, Rl E b. Applicant /Owner: Cindy K. Lewis Trust 9754 W. Milclay Street Boise, ID 83704 c. Representative: Kent $rowa, Bailey Engineers d. Praeat Zoning: RXJT (Ada Coutrty) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Whitebark Subdivision AZ-06.044, PP-Ob-046 PAGE 2 • • C1TY OF MF.Lt1DIAN PLANNING bEPARTIvIENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 1. Date of Preliminary plat (attached iu Exhibit A): August 3, 2006 2. Dale of Landscape Plan (attached iti Exhibit A): August 4, 2006 g. Applicant's Statement/Justification: Ibelieve the design of the Whitebark neighborhood meets the needs of the gvv~mentatl agencies reviewing this application. The neighborhood design provides for quality of life in affordable design. The following design elements are present iu the Whitebark Neighborhood: 1. Whitebark has created a pedestrian ixiendly environmeirt for the future residents with the short block leag~ths and street design that will not encourage drive through traffic- 2. Whitebark has larger lots for homebuyers that may warn shops in their backyards. 5. PR©CESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code 't'itle 11. a public hearing is requires before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 4, 2006, and September l 8, 2006 (Planning Commission); September 25, 2006 and October 9, 2006 (City Council) d. Radius notices mailed to properties withiin 300 feet on: August 25, 2006 (Planning Commission); September 22, 2006 (City Council) e. Applicant posted notice on situ by: September 11, 2006 (plarming Commission); October'7, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family ResidentiallAgriculture b. Description of Character of Surrounding Area: Rural land. uses and some single family homes. Much of the land to the north has already been annexed into the city and zoned for residential uses. This area is in transition from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Rural ResidentiallAgricultureznned RUT (Ada County). 2. East: Rural ResidentiaUAgriculture zoned Rl (Ada County). 3. South: Rural ResidentiaUAgrioulture zoned RUT (Ada County). 4. Wet: Rural ReaidentiaVAgriculture zoned RUT (Ada County). d. History of Previous Aotions:. N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sews: This property is master planned to sewer to a trunk main located in Messina Meadows. Location of water: This property is proposing water service to future mains installed in Amity Road. Whitebark Subdivision AZ-06-044, PP-06046 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RII'ORT FOR THE I~ARINtI DATE OF OCTOB1rR 17, ?A06 Issues or concerns: 1.) Mani size sad routing. 2.) 'This property is currently not serviceable. 3.) Depending on the applicsrnts timelines an "Off-Peak Pumping Station" may be required. 2. Vegetation: NIA 3. FloodpIsin: N/A 4. Canals/Ditches/Irrigation: No major faellities are located on this site. S. Hazards: N/A 6. Propas~ Zoning: R~ 7_ Size of Property: 19 acres f. Subdivision Plat lnforn3ation: l . Residential Lots: 48 2. Non residential Lots: 0 3. Total 1Suildmg Lots: 48 4. Common Lots: 8 5. Other Lots: 0 6. Total Lots: 56 7. Open Lots: 0 8. Residential Area: 19 acres 9_ Cimac 1)enRity: 2.52 units per acre 10. Lot Sizes: Lot size range from approximately 10,000 square feet to 15,827 square feet. g. Landscaping: 1. Width of street buB'er(s): 25 feet along Amity Road. 2. Width of buffer(s) between land uses: N/A. 3. Percentage of site as open space: 1.44 acres (7.6%) 4. Other landscaping standards: Landscaping adjacent to micro-path~a Rheuld cnmply with UDC I I-3B-12. h. Proposed and Required Residential Setbacks: Asper the R~ Anne far single family dwelling. i. Summary of Proposed Streets and/or Access (private, public. common drive, etc.): The sole aces to the development will be from the proposed South Whitebark Street which connectc to Amity Road. Beyond this access point the applicant has proposed three different stub streets East Bird Pine to the west, East Scrub Pine to the Fast and South Whitebark to the south. The applicant is also proposing eight foot parkway planters with four toot detached sidewalks along all of the proposed streets. In general staff is supportive of the street layout and design. 7. CONIlViENTS MEETIl~G On September 1, 2006, Planni:ag Staff held an agency comments meetang. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works DepaRment, and the Sanitary Services Company. Staff has included all comments Whitebark subdivision Az-o6-oaa, pr-o6~o46 pA~ a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fiOR THE HEARING DATE OF OCTOBER 17, 2Q06 and recommended actions as Conditions of Approval in the attached F,xhibit B. $. COMPREHENSIVE PLAN POLICIES AND GOADS This property is designat~'2ow Density Residential" on the Comprehensive Plan Puture Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Flan.) Th®proposed Prelinoinary Plat includes 48 residential building lots on 19 acres for a gross density of 2.52 dwelling units/aere. City Council finds that the proposed development is in general compliance with the Comprehensive Plan. The falla~wing Comprehensive Flan policies apply to this application: • Chapter VII, Goal III, pbjective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property, The City ojMeriddan plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently die within the jurisdiction of the Meridian Rust FYre District. Once annexed the Bands wild be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject dandy citirentdy lie within the jurisdiction of the Ada County Sheriffs OJjZce. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways acyi'aeent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service wild not change, • The subject Bands are currently serviced by the Meridian School Dasstrict #2. This service wild not change. • The subject lands are currently serniced by the Meridian Library District. This service wddl not change and the Meridian Library District should su,~`er no revenue loss as a result of the subject annexagon. Municipal, fee-supported, services will be provdded by the Meridian Building Department the Meriddan Public Works Department, the Meridian Water Department, the Merddtan Wastewater Department, the Merddtan Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land--use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in -trw construction and reconstruction projects, in a manner that is safe, accessible and convenient Stq,Q''believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Cool II, Objective A, Action S -Require pedes~iar- access conueators in all new development to link subdivisions together to promote neighborhood conn~tivity as part of a community pathway system. Whitebedc Subdivision AZ-06-Q44, PP-06.046 PAGE 5 • CTCY OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR TIC Iff.ARiNG DATE OF OCTOBER 17, 2006 Std'' is supportive of the proposed pedestrian connection to Amity Road via the proposed sidewalks, as well as the proposed stub streets provided to the west, east and south, which will provide for pedestrian connectivity with future developments Bit those areas. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adj scent parcels. The applicant is proposBng a residential zone. Stt~' finds that the surrounding developments are compatible with the proposal. • Chapter VII, Goal IV, Objcotivo C, Action 10 - Support a varety of residcntial catcgorics (law-, medium-, and high-density single family, multi-family, to~evnhouses, duplexes, apartments, candaminiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject uppddc:aliun includes a reyural jur the R-4 awning designation with u propvsed density of Z.SS d.u/acre. Stt;r~`jinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site and, due to the larger lot sizes, wild add to the variety ojhousing of~`ered in this area of the city. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Three stub streets will provide cross-access with the properties to the west, east and south when they develop. 9. iTNIF'IED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-4 zone. b. Purpose Statement of Zoae: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Coimection to the City of Meridian water and sewer systems is a requirement far all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Common driveways: UDC 11-6C-3D describes the standards for common driveways. AU oommorn drives proposal by the applicant should meet the s~ndards as described iii the UDC. Theme atandards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four {4) dwelling units. 2. Width standards: Gammon driveways shall be a minimum of twenty feet (20') in width. 3. Maximum: length: Common driveways shall be a noaximum of one hundred fifty feet (150') in length or less, ualeas otherwise approval by the Meridian City Fire Departme~. 4. Improvement standards: Common driveways shall be paved with a surface capable uP supporting firC valorise and ec~iprnent. 5. Abutting properties: Ualess limited by significant g~graphical features, all properties that abut a common driveway shall take aces from the driveway. Whitebark Subdivision AZ-06-044, PP-06-046 PAQE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARiNC3 DATL OF QCTOBER 17, 2006 6. Tanning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside sad forty-eight foot (48') outside tyrning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, atld orientation of the lots and structures shall be shown on the prelitntnary and/or Seal plat. 8. Easement: A perpetual ingressegress easement shall be filed with the Ada County Recorder, which shall include a requirement for maiatenanc+e of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Directas may approve or recommend approval of alternative design or conahvction standards when the applicant can demonstrate that the proposes overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONII~IG ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zoos is appropriate for this property. Please see Exhibit D for detailed analysis of the required Errors and findings for annexation. While currently this property is not contiguous to the City of Meridian corporate boundary, there is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP-06-044) that if approved would create an annexation path for this property. Due to this concurrent application staff was able to process the rcqucst for armcxation made by the applicant with the understanding that annexation of the property would be contingent upon City Council approval and signature of the annexation ordinance for the Cottswold Village Annexation. The annexation legal description submitted with the application (prepared on May 3, 2006, by D. 'ferry I'eugh, PLS) shows the property as contiguous to the corporate boundary of the Cily of Meridian wntingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- Q44) annexation application. Special Considerations: Development Agreement: UDC 11-SB-3.D.2 sari Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development AB,reemartt (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that flue property is developed in a fashion that does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney; Bill Nary, at 88811433 to initiate this process. The DA shall incorporate the following: • 't'hat all future uses shall rat involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Whitebark Sutxlivision A7.-06-044, PP-06.046 PAGE 7 • o CITY OF MERIDIAN PLANNING DEPART[~IVT STAFF REPORT FOR THE HiiARWG DATE OF OL?OBER 17, 2006 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer uud water service ext®paiop. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells uiay be used far nan-datic purlwses such as landscape irrigation. • That the following shall be the only aUawed uses on this property: detached single family homes sad allowed accessory uses of the R-4 zone. • That a maximum of 4R units will be constructed on this site. • That prior to issuance of a~ building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That a street buffer, caa~tucted in accordance with City Code, be installed along Amity Road prior to oc~tpaacy of any new dwelling units, • That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation far the proposed Whitebark Subdivision. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location fox the proposed single-fatraily resid~tiral development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping: The landscape plan prepared by Jensen Reltc As4nciatns, nn R-a4-(Ifi, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimums of eight feet wide from street curb to edge of sidewallc and contain one class two tree far every 351inear feet of parkway. • The proposed micro pathways shall be eonetluoted in aecordt-nee with UDC 11-3A-8. All landscaping ac~jac~ent to the pathway shall meet the requiuremeats outlined in 11-3B-12. • Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. • Per UDC l 1-3H-10, the applicant should work with the City Arborlst, Elroy Hug, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsble for the landscape plan. All standards of installation should apply as listed in UDC 11-3H-14. Submit copies of a revised laudsenpe plan, reflecting the changes/notes mentioned above, with the final plat application{s). Whitebark Subdivision AZ-06-044. PP-06-046 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF R13i'4RT FOR THE HEE-RIIJG DATE OF OCTOBER 17, 2406 Common Areas /Open Spaced The applicant is proposing to set aside approximately 7.6% (1.44 acres) of the site as common usable open space. The majority of this opep. space is located in the parkways adjacent to the streets and one micro pathway. Even though the open space provided meets the minimum requirements, Staff is concerned about the lack of a common neighborhood gathering area such as a small park or picnic area. Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. Stub Streets, The applicant should be required to provide public stub streets to the Iiuffnian property to the west (Parcel #S 1132212650), the Warrick Property to the east (Pat+cel #51132121100) and the Providence property to the south (Parcel #511322447'15) as proposed Parcel No. 5113221ZS40 and 51132212510_ As proposed, the applicant is not proposing to provido access to the two out parcels to the northeast. AGFID is requiring the applicant to dedicateright-of--way along the entire length of the out parcels located to the northeast abutting the proposed entry road. Staff is supportive of ACHD's requirements because it will help these parcels redevelop in the firture without having to take access off of Amity Road Exisbtng Res9dences/Rulldings_ The site currently contains one out building. AU existing buildings shall be removed/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the anal plat b7' the City Engineer. Hamanerhead_ Both the Fire Departmem and ACIcID are not supportive of the hammerhead that is located at the terminus of South Limber Pine. Both of these agencies recommend a star-dard col-de-sac desigz~ Staff supports these other agencies and believes that astandard cul•de-sac would be more appropriate far this location. Pressure Irrigation; The City of Meridian requires that pressurized irrigation systems be supplied by a year mund source of avatar. The applicant should be required to utilize any existing surface ar well water far the primary source. if a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the coalrnon areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to ell landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-2$. Fencingi Six foot solid fencing is shown on the landscape plan around the perimeter of the project. Four foot fencing is shown adjacent to micro pathways. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contaux debris must be installed around the pcrimatca prior to issusn~ of a buildinffi permit. All perimeter fencing must be completed prior to issuance of building permits. k'encing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. Ditches, Laterals, end Canals_ As per UDC 11.3A-G, aA irrigation ditcht~s, Iatcaxls ur canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross ar lie within the area being subdivided shall be covered Whiteb~k Subdivision A7r06.044, PP-06-046 PACtE 9 • CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB l-1BARIN4 DATE OF OCTOBER 17, 2006 b. Staff Recommendation: Based on the above gnalysis, staff finds that applicati~na A7.-06-044 and pp- 05-046 substantially conform to the Comprehensive Plan polides and Y7DC standards. Sta~'recomtnends appmval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planping and Zoning Commission beard th items on September 21 ZUOb. At t ~nbliS Learin~- il. ~ a. ~ 11. E'X~ITS A. Drawings 1. Preliminary Plat (Dated August 3, 2006) 2. Landscape Plan (Dated: August 4, 2006 B. Conditions of Approval 1. planning Department 2. Public Works Deparmncnt 3. Fire Department 4. Police Department 5. Parka Department 6. Sanitary Service Corrrpany 7. Ada County Highway District $. Centra117istrict Health llepartxnent C. Legal Description D, Required Findings from Zoning Ordinance whitebark Subdivision AZ-06-044, PP-06-046 PAGE 10 • • CITY OF IK$R>DIAN PLANNING DEPAKTMENT STAFF REPORT FOR THE HEARING DATE OF OCfOHER 17, 2006 A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) .. -- ~ ;~ .:~ , ig3: ~ ii -:~ ~~ ,~ ~ ' ~ Iji~. 1 . I ~~., .y~1 I ~ i ~a ~! i z ~ ~ ~I-. ~f ~~. ~~! i~~ a~f a 6 8aR ~~6 ICI a~~ 1ii~~ s ~'~~t ~, ~e{°~~ I' 011 ~ ~ ~j is ;~ ~~ "~~.. .,.~ p w 1~~~ =1E $~ ~~ ,~ ~,~~~~ r ~' .. '~ - =~- _- f ~' ,, t l~ ~8 ~~e ~ s~~ Exhibit A • GiTY OF MERIDIAN PLANNINp D$PARTMENT STAFF REPORT FOR THE HEARIIYp DATE OF OCTOBER l7, 2006 2. Landscape Flan (Dated: August 4, 2006) 3 _~ Y 0 0 ~~ e iy Z I, a a a' 8~B~ ~ ~; 1~~ ' ~ i 1 t. Vf C ~ '' ~ -_ v ~..;: _; ~ ;~ ~_ it O f 1 i i t 3 ,~ f ~~ i~ ° a t~. ~~~~ :, _~_ ,. .. ~~ ' ~ ~ ~ , , a ~a a~ l ~ ~ I ~ ~ ~ °~ ~~ ~ tlP ; tl ~ .c ~ ~ ' €' .I Y .. i i - !E s ~. ~ ~ - ~, . ~ . i ,~ ~ ~ ~° ~ ~ ~ i ~ ~~~~~ ~ i1. f r~ ~ ~ ,~ ~ ~ 8 a~a ar: ::0 91 ~iiuuiKa ;tei iilg~~ ~' 1 I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR Tl~ HBARINti DATE OP OCTOBER 17, 2006 B. Conditions of Approval 1. I'I,AN11t1NCi DEPARTMENT 1.1 ANNEXATION COMIVIEN'1'S 1.1.1 Prior to the annexation ordinance approval, a Developm~t Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the tiu~e of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1,1.2 The annexation legal description submitted with the application (prepared on May 3, 200b, by D. Terry Peugh, PLS) shows the property as contiguous to the cor~rate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. 1.2 SITE SPECIFIC REQUTI'S-PRELIl~ffid'ARY PLAT 1.2.1 Tho preliminary plat labeled as Shoct 1, greparod by The Land Group, tlto,re<ll Augusrt 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-044) aad any future development agreement shall also be considered conditions of the Preliminary Plat (PP-Ob-04b). 1.2.2 The landscape plan prepared by Jensen Belts Associates, on 8-4-06, is approved with the following modifications/notes: • Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. • The proposed micro pathways shall be constructed in accordattce with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in l1- 38.12. • Per UDC 11-3G-3A, set aside at least 7.6% (1,44 acres) of the site for useable open space, as proposed. • Per UDC 11-38.10, the applica~at should work with the City Arborist, Elroy Huff, un designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified musexyman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and 7.t-ning Departitnent_ No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changeslnotes mentions above, with the final plat application(s). 1.2.3 Provide public stub streets to the Human property to the west (Parcel #S 1132212650), the Warrick Property to the east (Parscel #S113Z1Z1100) and the Providence property to the south (Parcel #S1132244715) as proposed. Exhibit B CITY OF MERIDIAN PLANNIAIG DEPAkTMENT STAFF REPORT FOR TIC HEARING DATE OF OCTOBER l 7, 2006 1.2.4 Provide public street frontage along South White Bark Street abutting parcel numbers 51132212540 and S1132212510. 1.2.5 All buildings that span across proposed lot lines, ar do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated ar made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.7 Maint~ancc of all commom areas shall be the responsibility of the Whitebark 3ubdivisian Homeowners Association. 1.2.8 per UDC 11-3A-6 all inigatIon ditches, laterals or c~auals, exclusive of nalu~al waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alteanate plans will be reviewed and approved by the City Engineer, 1.3 G}ENERAI, REQ~1~tEA2ENTS--PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply wills the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. Tf a single point cowsection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signafixre on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A•15 and MCC 9-1-28. 1.3.4 A detailed landscape glen, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall he submitted ~i:or the subdivision with the £nal plat application. Where the applicant has submitted a preliminary- landscape plan and where staff has reviewed suds plan, the landscaping shall be consistent with the prelirninscy Plan with modifications as proposed by staff. 1.3.5 'The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction f~ing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right~f--way. AU fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 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 treos for those trees that have to be mitigated. 1.3.? Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.$ Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. ~h~a~t a CITY OF MERIDIAN PLANNING pEPARTMENT STAFF REPORT FOR THB 1EIF.ARING DATE OF OCTOBER l7, 20ob z. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer serviuv w this development is being proposed and shall be required to be via extension of an l $-inch tntnk main planned in Messina Meadows. This property is cwrently not serviceable and the City of Meridian daea not guarantee sewer-ability in the timelines e~tablis)xed in the UDC. 2.2 The applicant shall have to wait to sewer this property (final plat signature) until the Black Cat Truonk connects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new in:for:nation arises fi~ona ongoiu$ modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 Tlne applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, sad execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate ~oaaterials shall be used in coafonmanee of City of Meridian Public Works Departments Standard Specifications. 2.4 The applicant shall be responsible to install a I S-inch sewer line through this development as shown oa the prehmuiary plat. 2.5 Water service to this site is being proposed via extension of trains planned in Amity Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size sad routing with Public Works. 2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inch. This is nec®ssary to comply with tho City of Meadian's policy of 12-inch mains on the mile and half-mile. 2.7 The applicant shall be responsible to install savor and water mains to the end of all stub streets proposed in this development. 2.8 .Any potential reimbursement agreements must comply with all requirctncuts of City Code 9-1-13 and 9-4-19, which includes the preliminarl+ agreement (which includes footage, size, and depth of reimbursable pipe) being Snalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior w plat signature. 2.9 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water aervicea and hydrants). No trees shall be allowed within the sewer easement on Lot 7, Block 4. 2.10 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposes development. Therefore a letter of plan approval shall be submitted prior to scheduling of sore-constzuction meeting. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-poiunt connection to the culinary water system shall be required. If a siggle-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.12 All existing structures nit meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. Exhibit $ • C~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF OCTOBER 17, 2006 2.13 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall snake the necessary a~juatmenty to achieve this separation requirement and comply with all landscape requiremenrts. 2.14 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.15 Any existing domestic wells andJor septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9.4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 Per iTDC 11.3A-b all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. Tf lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage late constructed, mad base approved by the Ada County Highway District and the Final Plat far this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of edit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plot. 2.19 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized. irrigation and landscaping shall be installed and approved prior to obtaining ccstificates of occupancy. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detemrined during the plea review process, prior W signature un the final plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Horrsirtg Act. 2.22 Applicsnt shall be responsible for application and compliance with sad 7vPDES Permitting that may be royuired by the Environmental Protection Agency, 2.23 Applicant shall be responsible far application and compliance with any Section 404 Permitting that maybe requires by the Army Corps of l3ngineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicainl shall comply with all American with Disabilities Act requirements far unobstructed sidewalk access. 2.25 Coutpaction lest results shall be submitted to the Meridian Building Department for ail building pads receiving engineered back&ll, where footing would sit atop fill material. 2.2b The engineer shall bo required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevatipn. 'This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights, aua ZS' pole shall be requiral on all public residential streets. Two-hundred and fifty watt high pr~ure sodium atreetlighta, nn 30' pole shall be required on subdivision entzances and collector roadways. Design of the streetlights shall be approved by the Public Works Departzent. Decorative lights require a streetlight agreement Exhibit $ C17'Y t)F MERtt)IAN PLANNING DEPARTMENT STAFF REPORT FOR THE HlSARIN+D DATE qF OGTg131.R 17, 2008 on file with Public Works prior to activation. All streetlights ~,~1 be installed at subdivider's expense. Typical locations are at street intersections andlor ftte hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and parntit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to setvic~e the entire project. Fire hydrants shall !~ placed an average of 500 fat apart. International Fire Cade Appendix C. 3.2 Accxptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street ar parking lot aisle. b. The Fire hydrant shall not fans a street which dons not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shalt be placed an corners when spacing permits. e. Fire hydrants shall not have any vortical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requlreuients of the IFC Section 509.5, h. Show all proposed or existing hydrants for all new constructia~n or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan rgay require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed ctrl-dc- sac at the north end of N. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul~le-sacs shall have a turning radius of 28' inside and 48' outside radius. The hammerhead at the t~'minus of South Limber Pine shall be converted into a cul-de-sac that meets emergency vehicle road way requirements. 3.6 All common driveways shall be straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surfaco which is 20' wide. 3.7 Operational 8re hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 All portions of the buildings located on this project must be within 150' of a paved stn~ace as measured ars~und the perimeter of the building. 4. POLTCE DEPARTMENT 4,1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DrPARTMt:NT 5.1 The Parks Department has no concerns with the site as submitted with th® application. 6. SANITARY SLttvl(:R COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY Di$TRICT 7.1. S1TE SPECIFIC REQUIRF.MF.NTS Exhibit B CITY OF 1Nl$RIDIAN PLANNINQ Dlfi'AItTMENT STAFF REPORT FOR THE llF.~iRINC3 DATE OF OCTOBER 17, 2006 7.1.1 Dedicate 48-feet ofright-of--way, an additiona123 feet, from centerline of Amity Road along the entire sits frontage. Construct a S-foot detached concrete sidewalk not closer than 41-feet from the centerline of Amity Road and provide an easement to the public for any portion of the sidewakt located outside of the publicright-of-way. 7.1.2 Construct South Whitebark Street as a local roadway located approximately 470-feet east of the northwest property line (measures centerline to property line) as a 50-foot street section within 64-feet ofright-of--way, complete with vertical curb, gutter arnd 5-font attached concrete sidewalk within the proposed right-of--way. 7.1.3 Locate a center island in the entry road at the intersection of Amity Road and provide 21-feet of pavement on all sides of the island. 7.1.4 Dedicate rlghtrof--way along the entire out parcel located to the northeast abutting the proposed entry road. 7.1.5 Construd the internal roadways as 36-foot street sections within. 54feet of rights-of-way complete with curb, gutter and 4-foot detached concrete sidewalk. Provide an easement to the public for any portion of the sidewalks Located outside of the public tight-of--way. 7,1.6 Construct three knuckle within the development with center islands as proposed, with a muumum 29-feet of pavement surrounding the islands in the lmuvklea. 7.1.7 Construct a standard cul~e•sac turnaround at the terminus of South Limber Pine. 7.1.8 Construct a stub street to the east, East Scrub Pine Street, located approximately 500-feet north of the southeast property line (measured property line to centerline). This stub street shall align with and coauaect to a future roadway to the east of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WII..L BE EXTENDED IN THE FUTURE". 7.1.9 Construct a stub street to the west, East Bird Dino Strcct, boated approximately 830-feet north of the southwest property line (measw~ed progeny Iine to centerline). This stub street shall align with and connect to a firiure roadway to the west of this site. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD 11VIL.L BE EXTENDED IN THE FUTURE". 7.1.10 Construct a stub street to the south, South Wlutebark Street, located approximately 165 feet wit of the southeast property line (measures property line to +~rterline). This stub str~rt shall align with and connect tv a future roadway to tho south of flue site. A ~igu shall be installed at the terminus of the stub street stating that, "THIS ROAD @VILL BE E'3CTENOZrb 1N THE FU'I'[JRE". 7.1.11 Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIItE1VIII~TTS 7.2.1 Any existing irrigaticm facilities shall be relocated outside of the right-of-way. 7,2.2 Private sewer ar water systems are prohibited from being located within any ACHD roadway or rightwr way, 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewallc and atiy that maybe damaged during the ExhiMt B • CI IY OF MERIDIAN PLANNJIVp DEpARTMENI' STAFF REPORT POR THE 1~ARWG DATE OF OCTOBER 17, 2006 construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tres Planter Width Interim Policy. 7.2.6 Ut'ty street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Ilighway District Policy Manual, TSPWr Standards and approved, supplements, Construction Services procedures and all, applicable ACRD Ordinances unless specific~Uy waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised pleas for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required desi~ changos. 7.2.9 Constrttctian, use and properly development shall be is conformance with all applicable requirements of the Ada County Highway District prior to District approval far occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordiaatlce #200, also known as Ada County Highway District Road Impact p'ee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to AC>;ID shall repair misting utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1.800-342-15$5) at least two full business days prior W breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event arty ACIID conduits (spare or fillai) ac's coucpromisecl during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall bo valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advise the Highway pistrict of its intent to change the planned use of the subject property unle~ a waiver/variance of said requirsaments or other legal relief is granted pursuant to the law is effect at the time the change in use is sought. Exhibit B • CITY OF MERIDL4N PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DA'I'S OF OCTOEItslt 17, 2006 C. Legal Description t ~• <~ SURVE't' fib. ~n~UP proi~ct Nt~. rt!.• I a cc, ... ~ ~. ~~ '. :.in:p ISti F..: (7rat; :cwt saa'% b9ah 1.7itn., I,rwG~ Anncxaiion Description A portiun ortltn Eiusl l/2 of rile M'. l~4 ql' lhe'NW I!4 of Scc•UOIt :i3, l'.~N., R. I t., B.M., t1dA County. Idahu, morc panicularly dcsct ibrd as falluwx: t:;,itttmonoiut; at the comer conunun to Sections 29, 30, 31, and 3 ~ of 7.3N., R.1 F., 13,M_;'.f`6coa.~: tiauth 89°A3'S0" Eost, 1123.6Q fnac to tl~a Waal t/1B cornercornruatl t0 ~ttl tiCC1i0nS 27 Ancl 3'1, sArd point brutg the RISAI, PU1J+J7' OT 13EGINIVINC. Thence eonlinuing along tha Nortly bvnndary ofsaitl $rt:livu :s2 SuulU 89''aS'SU" East, soo.~z teat; Thence South 40°18'40" West, ?56.50 feet; Thence 5outit 89°43'50" East, J 60.50 fee! to & point on 11rc Norlh•5aulh mtd- sectiatl lint, of s:rirl 1ec:Hnn 37; Thence South 00°15'40" West, 980.66 feet to the (:~N t/16 confer; 'lhencc Nonh S9°45'14" West, 66J .99 feel to a 3/4" iron pin set in a ecsucretc filled 6"%'S' iron post; Theme Nortlt 00°'10'19" LASI, 1337.43 Peer W the Point of Beginning. Cottl+tinittg 19. U acres, more or less. Prepared 1By: Idaho Survey Croup, Y.C. ,L,'.1,/SCANNED TO COMPUTER FiI.E \\\ ~~ S ~,~a L"J CaPIED TQ PHGJECT ~~ ti w { f~Y ~COPJ1ezD TQ: tC B ~~,~.~ D. Terry Peup~t,1?i.5 l~ro/esslprta/ Land 5~rveyoPs Exhibit C • • CITY OF' MERIDIAN PLt1MdINt3 DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF OCTOBER ] 7, 2p06 i 3 ~~ ~q a~ ~~ ~~ ~_ ~g ~$ ~o -1 ~~ ~..~~~~.~~~~~..liii345iY ~~~~~~r~~ ~ S00'i 8'40"W i'~~j' p i ~S~~ ¢ o r ~ ~ ~ w ~ ~ ~ v' ~~ I ~ ~, c~ , Z r ,- rn ' M'f ' '~ a ~I 0. W ~ ~ W ~ ,z I ~ ~ ~ ~ ~ ~ N00'20'39"E ~~~ ~ ~' 1337.43' ~ ~ N. ~ ~~ ~ '~'~ ` ) I N) N t/3 i V; a Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I~ARINti DATE Ofi OCTOBER 17, 2006 D. Required Findings fram Zoning Ordinance i . AA1lexation Findings: Y7pon recommendation from the Commission, the Connell shaII make a fall investigation and shall, at the pnhlic hearing, review the applicai~ton. In order to grant an annexation and/or rezone, the CoancII shall make the following ffndLtgs: 1. The map amendment complies with the applieabl® provisions of the comprehensive F~3 The applicant is proposing to zone all of the subjeca property to R-4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this StaffReport. 2. The map amendment complies with the regulations outlined for the proposed district, spea'~cally the purpose statement; City Council finds that single-family residential uses are allowed witlsin the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrator the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zonix~ designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council Ends that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends t}iat the Commission and Council rely on any oral or written testimony that may be provided when determining this Sudiug. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not Ulmited to, school districts; and, City Council finds that the proposed coning amend>:uent will not result is any adverse impact upon delivery of services by any political subdivision providing sciviccs to this site, as conditioned in the staffreport. S. The annexation is in the best of interest of the City (UDC 11-SB-3.E). City Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure crf public fusttlas. Thu applicant is proposing to develop the lead in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings Iisted above, City Council fords that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In conaideraHon of a preliminary plat, combined preliminary and final plat, or short plat, the decision malting body shall make the followin; find~gs: 1. The plat is iA conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed Exlnbit D CTIY OF MER1blAN PLANNING pEPARTMHNT STAFF REPORT FOR THE 1HF.'ARING DATE OF OCTOBER 17, 2p06 plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Play Policies and Goals, Section 8, of the Staff Report. 2. Public services are avallable or can be made available and are adequate to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. (Soo Finding Items 3 and 4 above under Annexation Findiu,Ss far more details.) ' 3. The plat is in conformance with scbedaled public improvements in accord with the City's capital improvement program; Bocause the developer is installing sower, water, and utilities for the dcv~clopment at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capabllity of snpporthrg services for the proposed development; Staff recommends the Comuaission and Council rely upon comments from the public service providers (i.a., Polic:e, Fire, ACID, etc.) to determine this finding. (see Exhibit B, Agency Comments and Conditions, for more detail.) 3. The development wiU not be detrimental to the pubUc health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACIID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether ar not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. b. The development preserves significant natnral, sce~tc or historic features. City Council is unaware of a~ay natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic yr historic feature(s) of major importance. Staff recommends that the Commissiosa and Council reference any public testimony that may be presented W determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT Artisans Properties, LLC ITEM NO. 5-~ REQUEST Approval of New Beer and Liquor License for Blue Ribbon Artison's Bistro at 1441 N. Eagle Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at public meetings shall become property of the City of Meridian. • • January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT ITEM NO. Jr-G- REQUEST Water Main Easemen# Agreement fior Bridgetower Retail Buildings by Primeland Investment Group: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Cwsement ~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properttr O} the CHy of Meridian. ADA COUNTY RECORDER J. DAIIID NAVARRO ANIOUNI .00 7 D BOISE IDAHO 021011!07 01:43 PM lIl IIII~I'~~I'1~~`~~flUl~~~l'~~~ ~~'I~ DEPUTY Neva Haney II 1 1 1 I t t Q~~ ~ ~ ~OD6 RECORDED--REgUEST OF 1~~~15561 Meridian Clip Ey - - -' L..- - -,-.___. -. - - WAT)~R MAIN EASEMENT THIS INDENTURE, made this 22 day of December, 2 b~between Primeland Investment Group. 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 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 flee 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 malting 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 ~ responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR 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 WH>aREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Ja Manager STATE OF IDAHO ) ) S5 County of Ada ) On this 22 day of December , 2006 .before me, the undersigned, a Notary Public in and for said State, personally appeared Frar-k Varriale known or identified to me to be the Manger, of the company that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and effaced my official seal the day and year fist above written. KII14Ht:;.`r' ~'+.~rNtCLJE A;;;ue,-y~ t'i~blic Mate ~f Idaho -o..~ A.-,.~ GRANTEE: CITY OF MERIDIAN Water Main Easement ~~ NOTARY P L FOR AHO Residing at Commission Expires: Z~ EASMT WTR ;Pavr~ C1/ of l ._ ~.. ~`1 IIIIIIII///fJ/r Tammy de Weerd, ayor ~% ~ ;'' C~' r~~gT~d -// '. ~ y~' ~, ~~ia~ - Attest by W illiam G. Berg, ity Jerk = ~ ~~ d .. ~_ _1 '~ ~ _.` Approved By City Council On: STATE OF IDAHO, ; ss. County of Ada On this ~~ day of ~Z4,t e""`'''~ , 2 before me, the undersigned, a Notary Public in and for said State, person ly appeared TAMMY de WEERD and WILLIAM G. B2/RG, JR., known to me to be d-e Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (S~-) NOTARY PUBLIC FOR IDAHO Residing at: `~~ Lam- mod' Commission Expires: . f G ~i ~ ~~ water Main Easement ~~ WTR nape V~Y n ,~,~~~ ~iAND~~~~ E~~ pity of aAeridian Waterlin® Eas®ment No. For Bridg®tower R®tail ProJe~~t Job No, 05170 September 22, 2005 land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 1091$, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho, as follows: - COMMENCINC3 at the Northwest Comer of said SecUan 35, marked by a Brass Cap Monument as per comer perpetuattan record Inst. No. 104148597; thence, along the West Line of said Section 35, South 00°53'13° West, 443.00 feet, to the Centerline of W. Quintale Dr.; thence along said Centerline, South 89°08'47° East, 222.77 feet, to a 300.00 foot radius curve to the right; - thence along said curve, en arc distance of 63.69 feet, through a central angle of 12°09'47°, and having a chord which bears South 83°01'54° East, 83.57 feet; thence leaving said Centerline, North 01°01'41° East. 25.52 feet. to a point on the southerly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thencx~ North 01 °01'41 ° East, 27.52 feet! thence North 46°01'41° East, 39.36 feet; thenos North 01 °01'41 ° East, 85.49 feet: thence South 88°58'19" East, 35.78 feet; thenoe South 01 °01'41 ° Weat, 20.00 feet; - thence North 88°58'19° West, 15.78 feet; thence South 01°01'41° West, 53.77 feet; thence South 46°01'41° West, 39.36 feet; thence South 01 °01'41 ° West, 23.82 feet, to a point on said southerly boundary of Lot 3, Block 25, and anon-tangent 325.00 foot radius curve td the left; thenrs slang said southerly boundary and curve, an arc length of 20.52 feet, through a central angle of 3°37'04°, and having a chord which bears North 78°04'42° West, 20.52 feet, to the POINT OF BEGINNING. - Containing 3007 square feet, more or less. T':~B1LS grtslBridgetow~ Rdaiflpiawm~lS~¢veylbSSClZ1PTION8~05170.fiASE 1 DESC.DOC Treaseu~e Valley Engineers, Xuc. 1^0=16'x. S>z•eek Noi:h h"am~a, l~iaha S3fi37 - O'iFice: (20R) 463-03tt5 Fa?::1308) 4C*3-139 2 'U6'A'~Y: ~~LrF.~IIC.COIT1 P,aBe r nt r q~2,y v6 EXHIBIT B A PORTION OF LOT 3, BLOCK 25, BRIDGETOIPEB CROSSING SUBDIVISION No. 2, ~PITHIN THE N~1 f 4, SECTION 35, T4N, Rl~, H.M., CITY OF MERIDIAN,. ADA COUNTY, IDAHO LOTE BEIIRINO STANCE Li N 01• 41 E 2S. ' L2 N 01 1 41 E 27. l3 1'OT 41 qi cuRVE w-Dius ARC cT es. s ca ~. 2o.sa' SS$'S8'19°E LENGTH cttDRa CHORD NG DELTA r 35.78 ~ ~ s 1s4 E r 'a I ~ °I~ Z N 78'04 42 9~ 04 I O gj NI~ I 15.78' J r°n ;' I N88'58'19°W ~ 27 26 BASIS OF BEARINGS ~ I ~ o S_$8'5$'79° E P ~ I ~ 3q. g W.-MCMILLAN RD. o ~ tO 3 ( ~ I ~I~ o SECTION CORNER ( r°n I m I ~ I J ry ~ o CORNERS RECORD 1 / I Nj ~ ~ ~ INST. No. 104146597 ~0~ 2 ;~~ O~ V ~ I 'Ohi,~o. .~~, ~ v ¢io ~~ o ~ ~~ O ~' ~ ~__~__y BEGII KING ~ i`.~ I O --~_ ~ f -~--~__ cz I _ m w oullvraLE ~R. -~ ~,~ S 89'06'47' E -' "' ~+~ 222.77' ~ e~_ _ -1 ~i `"..+..~ '"~ SCALE - ~._~ _ ` ~---- ; 30 0 15 30 BO '"``-~`y' '"`"- `~._ FEET } ~--"_ i° X30' i INCH = 30 FT PROJECT: OYVNER/DEVELOPER: pyyG ~ CITY OF MERIDIAN BRS ARCHITECTS ~'~ ~ ~ 1823-OS ~ s~ a~ WATERLINE EASEMENT 1 ~4 ~" ~ PROJECTS ~~ 05770-Ot DATE: ' °~ ~ ~~~ &lit wrnlR~me~ SHEET 8/27/06 7 OF 1 ~Bt~~ .~ /a 1111e~til Grvn ~vn sreucruR.u ~vcl~ssixc City of Meridian Waterline Eas®ment No. 2 For Bridgetower Rett~il Project Job No, 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Cnyssing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Reconis, within the NW1/4of Section 35, T4N, R1 W, B.M., Ciiy of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Corner of said Section 35, marfced by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the North Line of said.Sectlon 35, South 89°58'19" East, 784.45 feet, to the Genterline of N. Montellno Way; thence along said Genterline, South 01°01'41" West, 101.78 feet, to a 300A0 foot radius curve to the right; thence along said curve, an arc distance of 90.56 feet, through a central angle of 17°17'43", and having a chord which bears South 09°40'32" West, 90.21 feet; thence South 18°19'24" West, 19.40 feed thence leaving said Centerline, North 71°40'36" West, 25.00 feet, to a point on the•easterly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING; thence North 65°38'57" West, 45.68 f®et; thence North 00°38'28" East, 72.29 feet; thence North 44°09'56" West, 8.78 feet; thence North 88°5$'19" West, 107,68 feet; thence South 01°01'41" West, 17.00 feet; thence North 88°58'19" West, 20.00 feet; thence North 01°01'41" East, 37.00 feet; thence South 88°58'19" East, 135.92 feet; thence South 44°09'56" East, 25.27 feet; ' thence South 00°38'28" West, 67.48 feet; thence South 65°38'57" East, 30.51 feet, to a 275.00 fact radius non-tangent curve to the right on the easterly boundary of said Lat 3, Black 25; thence along said curve and easterly boundary, an arc length of 0.71 feet, through a central angle of 0°08'54", having a chord which bears South 18°14'57° West, 0.71 feet; . thence continuing along said easterly boundary, South 18°19'24" West, 19.40 feet, to the POINT OF BEGINNING. ' Containing 5476 square feet, more or less. P:\BRS Aeahrtea~9rldgQower Re~lDrawmga~SmveyIDFSC1iIP'iTONS1Q5170-EASE 2 DESC~f.IC . 'Treasure Vallex Engineers, Inc. Office: t?OB~ 463-t33t~5 1 ~~• Eh. Suexd N~~rth 1: sr: {?(~8) 4~3-4391 ~iat~pa, lrlahci 83$$7 ~•wva.'TVE1nc.cL~tt~ PavA ~Q of -22- d ~ EG~m N ~:.' m OD ~~~ ~ ~ p O ~~~ ~~ m ~i ~ z N01 ro1'41 •E ~` ,y'Z', ~ p c ~ a r 37.00' ~ p~ C~rJJ n Z ~ j'= ~ ~ o ~ 17.00• ~ ~ ~ ~ ~ ~ ~ ~ Tr ~ 4~ y I v ~ ~~~ ~ ~..~ I ~ ~~n~~ ~ ~~~ yN~ ° ~~ ~~ ~,~ I ~ ~°bdo m o ~ g °° ~ c~ ~ ~ ~ r,,a ~ r' ' m ~ a<<p ~ ~~ C7 ~ y m ~~~ N ~ ...~, +~ wl~ Cy ~ cn ~~ GIN ~~~ N ~~ ~ D yp ~ ~ ~'~ I~ ~ O Z -+ I ~ N ~~~ ~ d I, ~ I v ~ ~ Q I ~ ~ ~ p ~ ~ ~ V \ ~ ~ ~~ I = O ~ ~ tl~ ~ ONi c ~ ~ I. J °~ ~ N00 38'28•E ~) Zp~zm ~ a g ~~y~2 S00 38'28_W _ - ~ /t.~'~~ ~ o ~ ~ c~'~ i ~ v~, ~`- _ o Cz'~~i ~~„~ ~~ 87.48 ~ ~v~o~o rr~` ~'' 6 -~ . ~y I ~ z ~ ~~: 4 I,~P vii ~ I~ C?_~~ ~~ ts. a i ~ ~ ~ s rg79?4 w °' N. M®NTELINO WAY ~~~ ,.~_ g ~1o1.7s' ~-~_ - _ ~ ~ ~~- -`_ a -,,..._ N --• C ~ W "arr~ ~ ~f • Memo To: Mayor De Weerd & City Council From: ICarie Glenn CC: File `J City of Meridian Public Works Dept. Date: 1 /8/2007 Re: Proposed Agenda Items for 1/16/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/16/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Bridgetower Retail Buildings by Primeland Investment GrOUp. Typical Water Main Easement. Recommended Council Action:. Approve the Water Main Easement for Bridgetower Retail Buildings by Primeland Investment Group and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ~ ~ I~ L~ (~ ~ [~ r j oEC s 7 Zoos ~~ WATER MAIN EASEMENT THIS INDENTURE, made this 22 day of December, 2006 between 1?rimeland Investment Group, 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; WTTNESSETH: 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, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described 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 lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR 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: _.J Manager STATE OF IDAHO ) ss County of Ada ) On this 22 day of December , 2006_, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Varriale known or identified to me to be the Manger, of the company that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year .fist above written. ,_:s~SEAL) _ d"ti JLGFjI ~~b,~~` ~t3te ,f Naha ~-~~. GRANTEE: CITY OF MERIDIAN NOTARY P L FOR AHO Residing at Commission Expires: / Z~ Water Main Easement EASMT WTR Tammy de Weerd, Mayor Attest by William'G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada ss. On this day of , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG; JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR • • TM 1~1 ~~ tia~~ LANps ~,~g`s ~~,G15T$~~~G.p~ ~. a ,.~ .... 4 ! 0782 ~ crud AND STRUCTORAL ENGINEERIIVG T~~1~~' City of Meridian Waterline Easement No. 1 ~,ZZ o6 For Bridgetower Retail Project Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ada County Plat Records, within the NW1/4of Section 35, T4N, R1W, B.M., City.of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst. No. 104146597; thence, along the West Line of said Section 35, South 00°53'13° West, 443.00 feet, to the Centerline of W. Quintale Dr.; thence along said Centerline, South 89°06'47" East, 222.77 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 63.69 feet, through a central angle of 12°09'47", and having a chord which bears South 83°01'54" East, 63.57 feet; thence leaving said Centerline, North 01°D1'41° East, 25.52 feet, to a point on the southerly boundary of said Lot 3, Block 25, and the POINT OF BEGINNING, thence North 01°01'41" East, 27.52 feet; thence North 46°01'41." East, 39.36 feet; thence North 01°01'41" East, 65.49 feet; thence South 88°58'19" East, 35.78 feet; thence South 01°01'41" West, 20.00 feet; thence North 88°58'19" West, 15.78 feet; thence South 01 °01'41 ° West, 53.77 feed thence South 46°01'41" West, 39.36 feet; thence South 01°01'41" West, 23.82 feet, to a point on said southerly boundary of Lot 3, Block 25, and anon-tangent 325.00 foot radius curve to the left; thence along said southerly boundary and curve, an arc length of 20.52 feet, through a central angle of 3°37'04", and having a chord which bears North 76°04'42" West, 20.52 feet, to the POINT OF BEGINNING. Containing 3007 square feet, more or less. P:~BRS Archrtects~Bridgetower Re~il~Diawings\SucveylDESCRIPTIONS~05170.EASE 1 DESC.DOC Trea~sarse t~'alleF I/~ga~eers. Inc. C)~ce: {208) X63-03ti5 I304 h`'`. Sweet Nai ~.h F.:~: {304} X63-4391 Nampa, Idaho 436f37 1~-ww: T~'Eln~.com EXHIBIT B A PORTION OF LOT 3, BLOCK 25, BRIDGETOWER CROSSING SUBDIVISION No. 2, ~PITHIN THE NWi/4, SECTION 35, T4N, R1W, B.M., CITY OF MERIDIAN,. ADA COUNTY, IDAHO UNE BEARING DISTANCE L7 N 01'01 41' E 25.52' l2 N 01'01'41 E 27.52'. L3 S 01'01 41' W 23.82 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 300.00 63.69 63.57 S 83'01 54 E ' 1709'47" C2 325.00' 20.52' 20.52 N 76'04'42' W 03'37'04 27 26 BASIS OF BEARINGS S 88'58'19° E 34 5 W. MCMILLAN RD. ° SECTION CORNER o ~ FND. BRASS CAP ~i CORNER RECORD d. , INST. No. 104146597 3 ~ I J I i7 I ~ ° o rn Z S 89_'06'47° 222.77' W wl n S88'S8'19°E - 3 35.78' b~ `~ Nlo 15.78' to r88 58'19°W ~ :I'I~ I =4 I ol~ zl 31 z ~ 1 I ~I^ I I ~I~ O ' I ~, I Jm N ~ 1 ~~~'/ 1,0~ 2 I C~ loo , °~~ ~ R'` / ~°c/' ~ V 1 j g / ~p'~/~6 ~I I ~ O ~ , ~ BEG INNING i~ _ I Q --__---_ -_ --~_-` ~ I ~ ~ __ c2 I QUINTALE DR. . SCALE ~_ - ~ . ~_ . ` _-~ --_ -~_ 30 0 15 _ 30 60 '''--~ __`- -`__ ( FEET) ~ -~---~. 1° =30' 1 INCH = 30 FT PROJECT: OWNER/DEVELOPER: DWG ~ CITY OF MERIDIAN BR5 ARCHITECTS ~~l r~~ ate. 1823-05 pal t~ era s>~r ~ WATERLINE EASEMENT 1 ~4 m~ e~ PROJECT# z tai~(a~o~j-eaar 05170-01 `~a~. .per. ~ D~ i~ y~ SHEET DATE: 9/21/06 1 OF 1 ~~~~ `b~y}~L LANps ~o,S ¢~GiST~~p~~G~P~~ - o cave.~vnszrracrunac.etvcnvEesnvc a_ __~__ ~ ' >{ ~~, - City of Meridian Waterline Easement No. 2 ~~T G, ~tIN~ For Bridgetower Retail Project q-2Z- o G Job No. 05170 September 22, 2006 Land within Lot 3, Block 25, of Bridgetower Crossing Subdivision No. 7, in Book 92, at Page 10918, Ad.a County Plat Records, within the NW1/4of Section 35, T4N, R1 W, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at the Northwest Comer of said Section 35, marked by a Brass Cap Monument as per comer perpetuation record Inst No. 104146597; thence, along the North Line of said.Section 35, South 89°58'19" East, 784.45 feet, to the Centerline of N. Montelino. Way; thence along said Centerline, South 01°01'41" West, 101.78 feet, to a 300.00 foot radius curve to the right; thence along said curve, an arc distance of 90.56 feet, through a central angle of 17°17'43", and having a chord which bears South 09°40'32" West, 90.21 feet; thence South 18°19'24" West, 19.40 feet; thence leaving said Centerline, North 71°40'36" West, 25.00 feet, to a point on the easterly boundary of said Lot 3, Black 25, and the POINT OF BEGINNING; thence North 65°38'57° West, 45.68 feet; thence North 00°38`28" East, 72.29 feet; thence North 44°09'56" West, 8.78 feet; thence North 88°58'19" West, 107.68 feet; thence South 01°01'41" West, 17.00 feet; thence North 88°58'19" West, 20.00 feet; thence North .01 °01'41 "-East, 37.00 feet; - thence South 88°58'19" East, 135.92 feet; thence South 44°09'56" East, 25.27 feet; - thence South 00°38'28" West, 67.48 feet; thence South 65°38'57" East, 30:51 feet, to a 275.00 foot radius non-tangent curve to the right on the easterly boundary of said Lot 3, Block 25; thence along said- curve and easterly boundary, an arc length of 0.71 feet, through a central angle of 0°08'54°, having a chord which bears South 18°14'57" West, 0.71 feet; - thence continuing along said easterly boundary, South 18°19'24" West, 19.40 feet, to the POINT OF BEGINNING. Containing 5476 square feet, more or less: P:\BRS Architertsl8ridgdowea Rela~l~DiawingslSiavey~UESCRIPTIONS~05170-EASE 2 DESC.DOC `1'~e~sua~e ~a#!e~ En~eers, 9rae. ©ffice: {20S) 463-0305 1204 fig`. Scree-t North Faa: (?t~8} X63-4391 ?pia=n~a,lctaho 83037 r~~-T~rElnc.coan N-+C W G ~ z I+1 N lL m ((QQ~~11 1~.r.1~ 1 eb_ N Z Z m J O~ N~ OU~~ ~ CpC ("'~ y m~OL) O fn Tcv~ yy N' (A W ~ ~r O FyC.~~~~1 A Ol 01 C m ~ N ~f~ ~wo ~ y ~ *7 ' O1 o Z N01 °01'41 °E 'rri ~ O o = m or 37.00' i pn~ ~ Z ~ ~m~~ ~ o ~ d'" z ~d p 'JMMC j N o ~ L S 01'01'41 ° ~ °K' ~~~ L~ ~ • ~ c ~ 17.00' i ~ ~ "~ 'P ~ O. o C y D n ''~ (7 ~ mn~ yam= p ~ ~rD ~ I ~ ~~~~m fTi ~ v N ~ ~ ° ~ ~ f I I ~ UWi '-" iV oo ~ ,. ~ D ~ ~~~ NCO ~~, Iz W~ao ~ Z ~ cn ~ -~ ~, ~ ~~owo H ~ o _ c N ~~o ° "'-I~ z o Z D ~~ir lf~ ~ oo~m Im ~ Z ~rD ~ (~ O N .~w~ O ~ I •~ ~ 2 ~ I D \° p I ~ ~ -WP V t0 ~ m ~ N =_ ~ I ~ C11 I ~ o ~ m I. O1 ~ ~ N00'38'28°E _ _ _ ~ J ~ N p z m ~ N _ _ ~---- 72.29' ~ ~z°~--1 m m o // ® ar '1,~~/~~5 c ~ ~ Z ~ I pi ~' z -Zi ~n /~ S00'3B'28°W ~g~` o n ~' ~ n I ~ w z o cb°j /mow ~ - .__/~e ? o n z ~ R o +~ .~ c~ -*~ ~ ~ • / ~ 67.48 ~ v ~ ~ r _ m ~ ~.. '~' / ter' o~ tn~ co D a ~_ ~., /4i v z ~ ~ ~nva p I ~ tali ~~ .. I C2 ., v ~_~~ Q ~~~~_ e~ ti ~~ 1g 40, o ..® I ~ ~ ~ r ~ ~ ~87g 24^ W ®\ ~ o ~ N. NIONTELINO WAY ~ ~~~ s orol'41° w ~ `----a ~ ' c' - - -~ ~$~. ``~_ ° ~ 101.78' _` ~ ~ ~•"~- • -- i ~~ ~ ~ °g II _-- --~. O ~ O A C.1 ~ W -~--~---~-- '-- N ~ O p ~ ~ January 12, 217 • MERIDIAN CITY COUNCIL MEETING January 16, 2t~7 APPLICANT ITEM NO. S•H REQUEST Resolution No. :Appointments for Board Members and Alternates to the Valley Regional Transportation Authority: AGENCY CITY CLERK: GITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY F1RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE GOMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Aftached Resolution o , y~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public mee#n~ shall become properly of the Clty of MeddMn. CITY OF MERIDIAN RESOLUTION NO. U ®7- s~.s- BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That pursuant to Idaho Code 40-2106, that the following persons be appointed to the Valley Regional Transportation Authority Board: City Council Member Charles M. Rountree as a primary representative City Council Member David Zaremba as a primary representative City Attorney William L.M. Nary as an alternative representative Transportation Planner Peter Friedman as an alternative representative Section Z. That this Resolution shall be in full force and effect immediately upon its adoption and approval. /6~ ADOPTED by the City Council of the City of Meridian, Idaho, this ` ~ day of ~ptiyLGZ,Ct/t,r7 , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this (~~ day of c./Gt-n ter, u~. y , 2007. RESOLUTION FOR VALLEY REGIONAL TRANSPORTAION AUTHORITY Page 1 of 2 APPROVED: ATTEST: By: William G. Berg, Jr., ~~~ perk ~~® ~ °°0°rrroroo isiac~°°°° RESOLUTION FOR VALLEY REGIONAL TRANSPORTAION AUTHORITY Page 2 of 2 • • January 12, 2007 MERIDIAN CITY COUNCIL MEETING Janvary 16, 2007 APPLICANT ITEM NO. SCI REQUEST Resolution No. -For Review and Comment on the proposed addition of a New Public Works Fee of $25.00 far the Floodplain Development Application to offset the cost of staff time and materials in processing an application for Ftoodplain Dev. Permit 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 Aftached Resolution ~'' ~~p{ ~~b ~1' Date: Phone: Staff Initials: Materiata presented at pub8c meetings shall become property of the CUy of Metadkm. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF THE PUBLIC WORKS DEPARTMENT FEE OF $25.00 FOR THE FLOODPLAIN DEVELOPMENT PERMIT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 9, 2007, the City Council of the City of Meridian, held a hearing on the adoption of the Public Works Department Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Department Fee of $25.00 for Floodplain Development Permit Application; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Department Fee of $25.00 for the Floodplain Development Permit Application to offset the cost of staff time and materials in processing an application for a floodplain development permit is hereby adopted. 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 February, 2007. ADOPTED by the City Council of the City of Meridian, Idaho this lrp ~ day of ~Gri~-~+.-ate,. y , 2007. / APPROVED by the Mayor of the City of Meridian, Idaho, this `~ day of Gyri.y~we. ~ , 2007. \`\~ ~' MA~~ T de WEERD ATTE T: ~~' .~ ~ - R~ o ~~~ WILLIAM G. BERG J C ~r ~~~ ~ ~:~ ~®° FLOODPLAIN DEVELOMENT PE1~E~~A',(Q~ FEE Page 1 of 1 ~/!d/`/"18!09?~''\~' January 12, 2Q07 MERIDIAN CITY COUNCIL MEETING January i 6, 2~7 APPLICANT ITEM NO. Jr-.I REQUEST Agreement to Transfer Property for 1986 Pierce /Ford Suburban Pumper Fire Engine from the Meridian Rural Fre Protection District to Boise County: 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 Attacteed Agreement Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Merman. -~;..- ~ - Tara Grt~n From: Bil! Nary Sent; Tuesday, January 09, 20071229 PM 70: W1i11 Berg; Sharon Smith; Tare Careen Cc: Chief Anderson Subject: FHH: City of Meridian and Meridian Rural Fire Protection District / Bose County // Trensfer Fire Engine Attachments: Meridian fir engine left®r.txif; F~greement to TrenafQr Property.doc; Memorandum of Transfer.doc; Resolutpon to transfer fire trudc.doc Weran add top next week's agenda. C~tp ofMeadian 7A~M.~ Street Merits ,TA 8<4645 208.898.55 ar 20$.898~5Q8 {office) 208.884.8728 (fay? From: John Fid [maiibo:jof~tmagkval~y~w.com] Sent:: Tuesday, January 09, 2007' 11:56 AM To: Bill NB~ry Su~ect: FlAI: City of Meridian and Meridian Rural Flr+a Prot;e~inn District /Boise Ctwnty // TransFer Fire Engine E3i l! In response to your a-mail regarding the fire engine, please see below and attachments_ John O. Fittg®rald, II WCIRST, Ff7ZGERALD & >~TAVER, P.L..L,C. 246 3rd Avenu® Nord P.O. Box 1716 Twin Palls, Idaho83303-1718 {208) 738-9900 (voice) (208) 736-9929 (ti®x) jof a~magicvallevlaw.com w N071CE: This a-nail, including attachrrret>ts, txfnstitutes a confidential attorney-client communication. It is not intended for transmission to, or receipt by, arty unauthorized penwns..ff you have received this communication in r~rror, do not read it. Please delete it from your system without copying it, and notify the sander bqr reply e~-mail or by celfing (208) 738-9900, so that our address recortl can be corrected. Thank you. NOTICE: To imply with certain U.S. Treasury regulatlons, we inform you that, unless expre~ly stated otherwise, any U.S, federal tax advise contained in this e-mail, including attachments, is not intended or wrihen to be used, and cannot be used, by any pennon thr the purpaa:e of avoiding arty penalties that may ~ imposed by the internal Revenu® Service. in~/~oo~ 1^ra-~n: ]ohn Fitzgerakd Sent: Tuesday, ]anuary 09, 2007 8:53 AM To: 'Ron Anderson' $tahjen~ FIN: City of Meridian and Meridian Rural Fire Pron plsbrict / BOi'se County // Transfer Fire Engine Ron: ! am forwarding to you (below my December 12, 2006 ~-mail message to Will Berg and Bill Nary, including attachments, regarding the transfer of the fire engine to Loise County. As you will note. you warp co~+ied on the e-mail message along with th? Commissioners. Please ~If me to discuss. John O. Fltzgerald, II WORST, F'17ZGERAii.D S STOdER, P.L.L.C. 245 3rd Avenue fdorth P.O. Box 1716 Twin Falls, Idaho 833Q3-1716 (L08) 736-9900 (voice) (208} 736-9829 (fax) j~maairvaileylaw.cam NpTiCE; Thhs a-~tll, including attaehmet~bs, Constituters a confiderttlE}I attorney-client communl~tion. ft is not intendesd for transrrdsslort to, or receipt by, airy unauthorized persona. If you have received this communication In error, do not read it. Please delete ft from your system without copying it, and notify the sender by reply email ar by caging (208) 738»9800, eao that our address record can be oorrect®d. Thank you. NOTICE: To comply with aartatn U.S. Treasury regulations. we inform you that, uMe~ etxpre~ly stitated otherwise, any U.S. federal tax advise corrtalned in this a-mail, Including attachments, is not intender or written to be used, and cannot be used, by ®ny person for the purpose of avoiding any penaNies that may be imposed by tits lrrtemal Reavenuea Service. Pram: Jahn Fitxgt+ra~ Sant: Tuesday, December iZ, 20116 4:32 PM To: 'Will Be~+g (Be~gw~meridiancity.org)'; 'William L, M. Nary (naryt:~rrrerldl8ncity.arg)' Cc: 'Ron Anderson ;'Rkh Greene'; Terry Le~hton'; 'Clair Bowman' Sub3ect: City of Medan and Meridian Rural Fire Protecklon DiStrkt / wise County // Transfer Fire Engine Gentlemen: With referenro to the attached letter from the Boise County Comml~ioners to Chief Anderason, the Meridian Rural Fire Protection District Is agreeable to transfer, without consideration, owne3rshlp of a certain fire e3ngine to Boise County. I have been Informed that the a®rtaln fire angina is jointly awned by the District and the City of Meridian. Consequently, the City needs to join with the District to transfer the fire etngine to Boise County. And, in this regard, I undetratand the City Is a(sa agreeable to the transfer, without consideration, of the fire engine3 to Boise County. 1112!2007 _ _p _ _ Accordingly, in accordanoe with Idaho Code Sectlons 67-2322 and 87.2323,1 have prepared arx! attached an agreement between the City and the Dlstdc9, and Boise County to trensfer the fire engine, without consldera>ion. I baud ado pr®pan~d ark ~chot! c~ memorandum to document #h®trgnsfer, and a r~olutlon for the Dlatric~ to approve the attached agreementx and effectuate the transfer. d1Ath regard to Idaho Code Sections 87 23~ and B7-2323, there are oertein steps ar prerequisite to this transacfion, all of which are outHn~I in the attaches agreement. The steps include a pubftc~tion requirement setaing forth the general terms of the agreement, end tha date on which the governmental entities, respectively, will meet to approve the agreement. The agreement indude>a proposed language for such notlce. With regard to publkx~lion, !suggested to the District's commissioners that the notice be pubAshed in the Idaho Statesman, as it is clrcwlated In both Ada County and Boise County, grad the Gty, District end anise County share the cost of pub6Catlon. A~uming the attaohed agreement and memorandum of trensfer meet with the City`s approval, it needs to be presented to Boise County. By copy of this a-mail message to Chief Anderson, i am requesting him (or his designee) to coordinate and fadlitate this transaction between the City, DlstricN and Boise Caurriy. The Qlstrit~ contemplates approving the agreerrrent to Consummate the trar~fer at its next monthly meeting in January, 2007. Should you (or Chief Anderson) have any questions or comments corrceming iha attached documents, the contemplated transfer or coordinating the governmental entities to +afileduate the transfer please txill rra~. Otherwise, (wilt presume that the all the governmental entifies wip be on board to consummate the trensaation in January, 2007. John O. Fltzgera~, li WORBt, PITZt3ERALD S STOdER, P.L.L.C. 248 3rd Avenue North P.O. Box 1716 Twin 'alts, Idaho 833Q3-1716 x208) 738-9900 (voice) (208) 738-8'928 (fax) iof(a~maoicva Ileylaw.Com 1MAr11A~N~f1ARMMiANN~iiMAMr~iiR~Mii~IMM4~tlpAR!lIMMrA !NOTICE: This a-mail, inciuding attadtmenth, oonshtutes ®conf~lential attorney-client communicaton. It is not intended far transmission to, or receipt by, any unauthorized pennons. !f you have received this communication in error, do not read it. Please delete it from your system without copying it, and notify the sander try reply a-mall or by calling (208) 736-8800, so that our address record can be crorrected. Thank you. INOTICE: To comply with certain U.S. Treasury rpulatlons, we inform you that, unless expressly stated otherwise, any U.3. federal tax advise contained in this a-mail, including attachrr~r~ts, is not intended or written to be used, and cannot be used, by arty person for the purpose of avoldir~ any penalties that may be impo~aed by the Irttemal Revenue Service. 11].2/2007 ...D.A.C{.•~a e o s l a a s 7 a aors~ cou~N~ go~D of coviva~v Corv~MISSiorr.~x~s RUGF'.R B_ 1ACKSON pistric:, ! CpmrnlsSlnn~~r FRED H. LAwSON DlslrrGt I/ Cwnrr,i,Yx&,rter p. Z ~nu~_ A. sTU rLMAN l.~ia-rict /f1 Cu~e,niaxlU.acr RpRA A. CANODY Clrrk M rG~ BaorYl Octobc~ 16,?A06 Chief Ron Anderson Fire ~olministratiot~ 54d ~. Franklin Rd. Meridian, m 83642 RE: Fire Engine donation ,Dear Chief ,A,ndersan; Tlse Boise County Board of Commissioners will accept the City ofMertdian's afld Meridian Firc Dcpartmcnt's donation ofn Fire Engine. 'This vehicle will be a Lino addition to the tits service i>7 Boise County and Lowman Volunteer Fire District. Many 'Thanks. ~ ~ .. . The County wilt retain title tv the vehicle and Gordon Ravenscra~t (Emergency Managemcrn Coordinator. 392-4411) will be your point of contact. Gordon will arrange transfer •ead ha~tdle the title work. You can also reach Paul Rekow; Lowman 'VFD Fire Chief at Z59-3424. If you would like a fbrntai receipt we will be happy to provide one. Sincerely; Boise County Board off' Commissie-rters: Roger B. Jackman Ft~ed H. Lawson Feu ~5-' an ..+- ;, r C: file F.rnergeaey Managvmcm Coordinatos Ravenscroft Lowman Volunteer Fire 13iatriat, Inc. Paul Rckow, Chief • 1', Q, Apx 1.3M1, Idaho City. ldulw 1i3b31 Office (2bR) 392-Hf,3f i'AX (2U$) 3~2-x473 AGREEMENT TO TRANSFER PROPERTY PURSUANT TO IDAHO CODE § 67-2322 WHEREAS, pursuant to Idaho Cade § 67-2322, a municipality and a fire district of the state of Idaho possess the power to convey or transfer personal property to a county of the state of Idaho, without consideration, when the governing body of the municipality and the fire district determines, in their respective judgment, such conveyance ar transfer, without consideration, is in the best interest of the public; and WHEREAS, the City of Meridian, a municipal Corporation and government subdivision organized and existing under and pursuant to the laws of the state of Idaho, desires to convey or transfer its interest in a 1986 Pierce/Ford Suburban Pumper, vehicle identification number 1F17RK84N3GVA48266 (hereinafter the "Fire Engine"), to Boise County, state of Idaho, existing under and pursuant to the laws of the state of Idaho; and WHEREAS, the City Council oftlie City of Meridian determine, in its judgment, such conveyance or transfer of the Fire Engine, without consideration, is in the best interest of the public; and WHEREAS, the Meridian Rural Fire Protection District, organized and existing under and pursuant to the laws of the state of Idaho, desires to convey or transfer its interest in the Fire Engine, to Boise County, state of Idaho, existing under and pursuant to the laws of the state of Idaho; and WHEREAS, the Commissioners of the Meridian Rural Fire Protection District determine, in their judgment, such conveyance or transfer of the Fire Engine, without consideration, is in the best interest of the public; and WHEREAS, Boise County, through its Board of Commissioners, desires to accept the conveyance and transfer of the Fire Engine, without consideration; and WHRRF.AS, Idaho Cade § 67-2323 requires a written agreement between the City of Meridian and the Meridian Rural Fire Protection District, and Boise County, state of Idaho to transfer and convey the Fire Engine, as well as publication of the general terms of such agreement for two (2) consecutive weeks in a newspaper printed ar of general circulation in Ada County, state of Idaho and Boise County, state of Idaho; and WHEREAS, it is the purpose of this Agreement to set forth the agreement between the City of Meridian and the Meridian Rural Fire Protection District, and Boise County, state of Idaho far the City of Meridian and the Meridian Rural Fire Protection District to transfer and convey their respective interest in the Fire Engine, without consideration, to Boise County, state of Idaho; NOW, THEREFORE, the City of Meridian sud the Meridian Rural Fire Protection District (hereinafter collectively "Meridian"} and Boise County, state of Idaho, agree as follows. AGREEMENT TO TRANSFER PROPERTY PURSUANT TO IDAHO CODE § 67-2322, Fage -1- 1. Meridian agrees to transfer and convey to Boise County, state of Idaho its, successors and assigns forever, the Fire Engine, without any warranties, express or implied, and on an "As Is" "Where Is" and "With All Faults" bases, without consideration as permitted by and in accordance with Idaho Code § 67-2322. 2. Boise County, state of Idaho, for itself and its, successors and assigns agrees to au;epl the transfer and conveyance of the Fire Engine from Meridian, without any warranties, whether express or implied, and on an "As Is" "Where Is" and "With All Faults" bases, without consideration as permitted by and in accordance with Idaho Code § 67-2322. 3. Meridian agrees to publish or cause to be published in Ada County, state of Idaho, and Boise County, state of Idaha agrees to publish ar cause to be published in Boise County, state of Idaho the following notice of the general terms of this Agreement for two (2) consecutive weeks in a newspaper or newspapers printed or of general circulation in, respectively, Ada County, state of Idaho and Boise County, state of Idaho: Notice is hereby given that the City of Meridian and the Meridian Rural Fire Protection District have agreed to transfer and convey to Boise County, state of Idaho its, successors and assiigns forever, a certain 19$6 I'ierceJFord Suburban Pumper, vehicle identiflca~ion number 1FDRK$4N~GVA4S266, without any warranties, express or implied, and on an "As Ls" "Where Is" and "With All Faults" bases, without consideration. The nett regular or special meeting at which the City of Meridian will ralify the agreement is .The nett regular or special mccting at which the Meridiaa Rural Fire I'ratection District will ratify the agreement is .The next regalar or special mewing at which the Boise County will ratify the agreement is ~. 'I~is Agreement contains the entire agreement of the parties hereto with respect to the matters contained herein, and no prior agreement, or understanding pertaining to any such matter, shall be effective for any purpose. No provisicm of the Agreement may be amended or added to, except by an agreement in writing signed by the parties hereto, or their respective successors-in-interest. IN WITNESS WHEREOF, the parties do hereby set their hands and seal. City of Meridian By: Mayor Attest: By: City Clerk AGREEMENT TO TRANSFER PROPERTY PURSUANT TO II7AH0 CODE § 67-2322, Page -2- Meridian Rural Fire Protection District By: Its: chairman Attu: Scxzetary Boise County, state of Idaho By: Its: Attest: Its: AGREEMENT TO TRANSFER PROPERTY PURSUANT TO IDAHO CODE § 67-2322, Page -3- MEMORANDUM OF TRANSFER KNOWN ALL MEN BY THESE PRESENTS, That on this day of 20____, the City of Meridian, a municipal Corporation and government subdivision organized and existing under and pursuant to the laws of the state of Idaho, and the Meridian Rural Fire Protection District, organized and existing under and pursuant to the laws of the state of Idaho, collectively the party of the first part, conveys and transfers and does by these presence convey and transfer unto Boise County, state of Idaho, existing under and pursuant to the laws of the sttrte of Idaho, the party of the second party, all its right, title and inleresrt in a to that certain a 19$6 Pierce/Ford Suburban Pumper, vehicle identification number 1FDRK84N3GVAA~8266 (the "Fire Engine"), without consideration as pemutted by and in accordance with Idaho Code § 67-2322. TO HAVE AND TO HOLD the same to the said party of the second part, its, successors and assigns forever. The said party of the first part has neither made nor makes any warranties, whether express or implied, concerning the condition of the Fire Engine, and said party of the second part takes and receives the Fire Engine "AS IS," "WHERE IS" and "WITH ALL FAULTS." IN WITNESS WHER$OF, the said party of the first part has hereunto set its hand and seal, the day and year first above written. City of Meridian By: lts: Mayor Attest: City Clerk Meridian Rural Fire Protection District By: its: Chairman Attest: Secretary MEMORANDUM OF TRANSFER, Page -1- MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO. A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain findings and purposes; and approving and ratifying the agreement between the City of Meridian and the Meridian Rural Fire Protection District, and Boise County, state of Idaho for the City of Meridian and the Meridian Rural Fire Protection District to transfer and convey a certain 1986 Pierce/Ford Suburban Pumper, vehicle identification number 1FDRK84N3GVA48266 (hereinafter the "Fire Engine"), without consideration, to Boise County, state of Idaho, as pernutted by and in accordance with Idaho Code § 67-2322; WHEREAS, the City of Meridian and the Meridian Rural Fire Protection District jointly own the Fire Engine; and WI-IEREAS, the Board of Commissioners of the Meridian Rural Fire Protection District, after due consideration, finds, in its judgment, that the transfer and conveyance of the Fire Engine to Boise County, state of Idaho, without consideration as permitted by and in accordance with Idaho Code § 67-2322, is in the best interest of the public; and WHEREAS, the Board of Commissioners of the Meridian Rural Fire Protection District, after due consideration, finds it is in the best interest of the Meridian Rural Fire Protection District to join with the City pf Meridian, and enter into that certain entitled "AGREEMENT TO TRANSFER PROPERTY PURSUANT TO IDAHO CODE § 67-2322," a copy of which is attached hereto, with Boise County to transfer and convey the Fire Engine to Boise County, state of Idaho, without consideration as permittedi by and in accordance with Idaho Cede § 67-2322; NOW, 'THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural. Fire Protection District hereby resolves as follows: 1. The Chairman and Secretary are hereby authorized to join with Boise County, state of Idaho and to enter into that certain agreement entitled "AGREEMENT TO TRANSFER PROPERTY PURSUANT TO IDAHO CODE § 67-2322," a copy pf which is attached hereto, with the Boise County, and to bind the Meridian Rural Fire Protection District to its terms. HAVING BEEN PASSED ON the day of _ , 20 , BY THE BOARD OF COMMISSIONERS OF THE MERIDIAN RURAL FIltE PROTECTION DISTRICT. Dated this day of , 20 MERIDIAN RURAL FIRE PROTECTION DISTRICT By Chairman MERIDIAN RURAL FIRE PROTECTION DISTRICT Resolution No. Page 1 Attested: Secretary MERIDIAN RURAL FIRE PROTECTION DISTRICT Resolution No. Page 2 • • January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 20x7 APPLICANT ITEM NO. S-K REQUEST Sanitary Sewer and Water Main Easement Agreement for Doris Subdivision (lots 1-3, block 2) by Seagle Three, LLC: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY EUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEFT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT WEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Aftached Easement OTHER: Contacted: Date: Phone: Ernailed: Staff Initials: Materials presented at pubUc meetings shag become properly of the Cffy of Merldtan. ADA COUNTY RECORDER J, DAIfID NAUARRO AMOUNT .00 BOISE IDAHO 02(01101 01:J3 PM I I! I I II RECORDED-REQUEST OF ~~~ IIII~I~~I~I~~IIIIlIIIIIIItII ~~ ~ ~t~ Meridian City 10~01~560 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3`~ day ofNovember, 2Q06 between Seagle Three, 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; WTTNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and watermainright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and waxer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, TI~REFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and comiey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-af--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. sanitary sewer and water Main Easement EASMT.Sw MAINZ Pa8$-~ ,J, . 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, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and became 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 descnbed tract of land, and that they have a good and lawful right to comrey 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 subscn'bed their signatures the day and year first herein above written. .#esident y~ ~.~ ~ ~ 5~ ~~~ ~ ,~ ~~, L L c- GRANTOR: secretary . ~ STATE OF IDAHO) ~ Caunty of Ada ) On this ~ day of /VW~.-~ . 20 0~ before me, the undersigned, a Notary Public in and far said State, personally appeared ~e./-E ~ ~ - is ~ -and --- ,known or identified to me to be the resident and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN `WITNESS VVI~REOF, I have hereunto set my hand and affixed my oflxcial seal the day and year fist above written. NOTARY P LIC FOR IDAHO Residing at- Commission Expires: "J Sanitary Sewer and Water Main Easement EASMT'.SW MAIM Qavp r~J avf .~-• , ~~ GRANTEE: CITY OF MERIDIAN .~ ~~~ ~ .~ Tammy de Weer y ~, ~ .q; ~_ i~~~ _ ~vy~ gg,~~ ~ yypp ~~ 4 f/J~-64 d4i.~ Attest by William G. Berg, ity Clerk = ' ~' 1~. 7Q r ys~ • ~ _,~ .,~. Approved Sy City Council On: !!l1 STATE OF IDAHO, ) Ss. County of Ada ) On this '~ day of (,(, kZGd ~~ .J 20? before me, the undersigned, a Notaty Public in and for said State, personally appeared AMMY 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 a$'uced my official seal the day and year first above written. i~~7 Gc- 7 ~Y1 d y-v'~{ ~-~ (SEAL) i r • :~ • NOTARY P'CJBLIC FOR IDAHO Residing at: "~~ « :~1 Commission Expires: /~~ - is'- /! s~tary sewer a~a weer ~ ~t EASMT.SW MAINl ~~ ~o ~ n~ PARCEL DESCRIPTION October 2S, 2006 PROJECT: 1330 E. Fairview Ave. PARCEL NO.: Utility Easement A parcel of hmd being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and ns shown on Record of Survey 7535, Ada County Records, located in the southeast'/, of the southeast %4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Mer[dian, Ada County, Idaho, more part[cularly described as follows: CObIlMIENCING at a brace cap monument, Corner Record No. 9391309, marking the southeast corner of said Section 6, Township 4 North, Range 1 East, Boise Meridian; Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin marking the southwest corner of Parcel A as shown on said Record of Survey 7573; Thence South B9°2S'37" East coincident with the south line of said Parcel A, 153.26 feet to the POINT OF BEGINNWG; Thence North 00°20'04" East, 22.71 feet; Thence North 89°36'56" West, 15.99 feet; Thence North 00°20'04" East, 10.00 feet; ' Thence South 89°39'56" East, 15.99 feet; Thence North 00°20'04" East, 240.97 feet; Thence South 89°51'05" East, 25.00 feet; Thentce south 00°20'04" west, 241.05 feet; Thence South 89°39'56" least, 6.01 feet; Thence South 00°20'04" West, 10.00 feet; Thence North 89°39'56" West, 6.01 feet; Thence Saud- 00°20'04" West', 2'2.82 feet to the south line of Parcel B as shown on Record of Survey 7535; Thence North 89°25'37" West coincident with the south line of said Parcel A and B, 25.00 feet to the POINT OF BEGINNING. The parcel above descn'bed contains 7064 equate fret or 0.162 acres more or less. Together with and subject to covenants, easements and restrictions of record. ?888~0~. Basis of Beating for this parcel is Record of Survey No. 7535, Instrument No. 200600003. A A s~Gr.~ ~, rye-v~~ r~s~Elvr A POR77ON OF 7,OT5 R AA1D 9 BLOCK 2, OF DORIS SUBDIVISION, ZOCATJrD I1V TBR' SE 1/4 OF S&C77OlIT 8, T S N. R 1 $., B. M., CITY OF M1sRIDIAN, ADA COUNTY, IDABO zoos xs.~~ VISIT OUR IYEB SITrr atin-:Treaaure V~Y r.„: „ m `+- ~.. 2NC/N86RS •PLANN6R9 • S8RV6YOR,S TR6A,5'URg VIIdBY BNCINBBR3, PVC. Iz04 BTH STR68I' NORTH NA,1lPA, IDAHO 89887 (208) 463-0905 par (zo6) 4s3-4981 merl®7'reasureVa!/eyEngiaeers. com cti n~ R'! /~ CJ Memo RECEIVEIl ~A 0 2006 ~;ity ~~° I~eriaiaxa City Clerk ®ffice To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1 /9/2007 Re: Proposed Agenda Items for 1/16/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1 /16/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Doris Subdivision (lots1-3 block 2) by Seagle Three LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Doris Subdivision (lots1-3, block 2) by Seagle Three LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Vl/orks Dept. • Page 1 f ~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3'~ day ofNovember, 2006 between Seagle Three, 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 sanitary sewer and watermainright-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WI-~REAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby .give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary-sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SW MAINl THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within. such boundary thereof or which is a part thereof, shall cease and become null and-void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~1 .P-~esi~ent ~ 19~d ~ -~ ~P` L~ ~ ,~ ~-~c G L ~ Secretary ,~.~-.~ STATE OF IDAHO) ss Of County of Ada ) On this •.~ day of ~r~~r~~ , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~ e~~ ~ ~r! r~.uch and -- ,known or identified to me to be the resident and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and .year fist above written. a ~t ~~~~~ NOTARY PUBLIC FOR IDAHO Residing ate Commission Expires: `' ~ Sanitary Sewer and Water Main Easement EASMT.5W MAINl 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 ) i On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WII,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT.SW MAINl PARCEL DESCRIPTION October 25, 2006 PROJECT: 1330 E. Fairview Ave. PARCEL NO.: Utility Easement A parcel of land being a part of Lots 2 and 3, Block 2, of Doris Subdivision, as shown in Book 16 of Plats at Page 1080, and as shown on Record of Survey 7535, Ada County Records, located in the southeast'/< of the southeast of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap monument,. Corner Record No. 9391309, marking the southeast corner of said Section 6, Township 4 North, Range 1 East, Boise Meridian; Thence North 89°28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00°20'04" East, 70.54 feet to a 5/8" iron pin marking the southwest comer of Parcel A as shown on said Record of Survey 7573; Thence South 89°25'3T' East coincident with the south line of said Parcel A, 153.26 feet to the POINT OF BEGINNING; Thence North 00°20'04" East, 22.71 feet; Thence North 89°36'56" West, 15.99 feet; Thence North 00°20'04" East, 10.00 feet; Thence South 89°39'56" East, 15.99 feet; Thence North 00°20'04" Erik 240.97 feet; Thence South 89°51'05" East, 25.00 feet; Thence South 00°20'04" West, 241.05 feet; Thence South 89°39'56" East; 6.01 feet; Thence South 00°20'04" West, ] 0.00 feet; Thence North 89°39'56" West, 6.01 feet; Thence South 00°20'04" West, 22.82 feet to the south line of Pazcel B as shown on Record of Survey 7535; Thence North 89°25'37" West coincident with the south line of said Parcel A and B, 25.00 feet to the POINT OF BEGINNING. The parcel above described contains 7064 squaze feet or 0.162 acres more or less. Together with and subject to covenants, easements and restrictions of record. Basis of Bearing for this parcel is Record of Survey No. 7535, Instrument No. 200600003. • ~ VISIT OUR WEB S1TE• www.TreasureValleyEngiaeers.com BEAGLE THREE, ~ BITU~j~~ ~.4SEMENT A PORTION OF LOTS 2 AND 3 BLOCK 2, OF DORIS SUBDIVISION, LOCATED I1V TEE SE 1/4 OF SECTION 8, T 9 N, R 1 E., B. M., CT17 OF MERIDIAN, ADA COUNTY, IDAHO 2006 25.00" S 89'51'05" E y~~ ENGINEERS • PLANNERS • SURVEYORS TREASURE VALLEY ENGINEERS, INC. 1204 6TB STREET NORTB NAMPA, IDAHO B36B7 - (20B) 463-0305 FAX (208J 483-4391 mai!®TreasureValfeyEngineers. com cs a • January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT ITEM NO. Jr-L REQUEST Water Main Easement Agreement for Exceed Learning Center by Exceed, Inc.: 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 A~Ftached EasemQr~t Date: Phone: Staff Initials: Materials presented dt pubNc meetings shall become property of the CNy of Maridlan. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .QO BOISE IDAHO 0?J01t01 01:43 PM RECDRDED~ R~EaFU~ OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III Meridian City 1 X7015559 WATER MAlN EASEMENT 7~S IlvDEI+TI°tntH, made this $~ day of nw~ 2oA7 ~a-e~ ~xi,.eedl ~i1G, ~ ~e psrtieg of the t>I~ part; and h celled the Grarrtms, and dm C.fdy of Awn, Ada Gnnntq, Idahq tht part3- of the second peat, and h~ filed lisp t"rraatcc,' VNTI'NI6S51ErH: ~• WHEREAS, tie Grantors desire to pnpvide a eater :nairr right-0f-way aeavss dte pr~isas ~pnd property hd~naflcr particularly bonmdsd and des~'bed; amd WIIIs~AS, the wateamain is to >re provided fpr thncmg-ugh an undeagrourxd pipel~e to be ranslructt~d by others; and WIHIREAS, it vxill 6e nor to maim service and scrbsequentTy conne.+ct to Brad pipeline from time t4 tirtm by the Grantor; NOW, 'ORE, is consideration of the beaeftts to be reaelved by the titatttors, and othergood and vatnsble cs~nad~atio~a, the Grantors do hrncby give, grant awd cmnvoy ants the Graarbaethe rigbt- of-way for an ~emerst i'or the construction, operation, . r+egait. reglat of a water maia over and across the following desarelred graperty: ($ffi3 ATTACi~ ~1~1T A and ~ The easement hereby gra~aled is ror thCpurposeofeon~uc~on and opmation ofaw~erline aruitheir allied facilities, together with their mafioteran~ a+ddiniottal oo~mae~pa therc~o, mpair Bad rcplaec~em at the cwnvenita~ of the Gram wit$ the Ewe right of araess to such Facilities at any and all times. TOHAVEANri l0 HOLD, thesaid easement and right-of-wayuetothe said Gmnteey it's successors and assigns fi~.wer: 1T IS EXPRESSLY UNDEItS1~ObD AbiD AGREED, by arul the parries hereto, that after caaasincdion, making rspairs, miming other mandtenancg o~rmaking svbsequerat conts~t°ion to the vvatex lioq Grantee shall re~ar!e the area of the scat aid ad~jaceatpropeaty to that exisientprior Uo ~g sash won, repairs a~ maiatenanco. Howcvur, C shall not ~ r+asporrs~le for xe~irmg, Yeplec~g ~ restoring anythsrg paced within the area descn'bat in tbisxaseate~at that was P~ there im violation of this w~seraent. AdditiaQaally, shall mot tin zesponsibls for repairing, replacing or restoring the fpI{pwing tht+a~e iGetapS that vvorttpcmtiucd within this c~1:1) Swing pad 2) Play Amu 3) Feaea. THE GRANTORS hey covenant seed agree that they will swt place or allow to be glared aay permmorent turn,,, fratciog„ trees, larusit, orpearmnial shrubs ar llowe~as, oth~t>aan the three items specifically mterttioned sboove, within the aria dcscn`6apd for this , whicdi would inimfeae with the use of said easement, fortLe purposes stated herein. THE GRANTORS hereby covea~at and agrop with the Cxranloc that, should any part of the ri;ht-of- way sari t ~y grained shall become cart of, ar lie withiA the boan>daries of Bay public .~ Wets Maio eat EASMT W'lRd~ vuu• v• tvvr v•vr~m i•v vvv~ t v street, then, to suoh extent, such right-of--way and casement hereby ~ar-ted which lies witlxna such boundmy theze,~f or which is a part thereof, sb~all cxasc: and become cull and void and of no further efface and shall be compldely relinquished THE GRAN"1'ORS do heresy covenatat with the Grankx that they are lawfully seized and pa~essed of the aforementioned and de~cxibed tract of land, and that they have a good and iawful right to cortve3r said ea~rneet, amd that they will warrant and forever defend the title anal quiet possession thertof against the lawful claims of all persons whomsocvEra ' !N WITNESS WHF.RF.OF, the said parties of the fast part have hereto sWtsenl~ed their signatures the day and year first herein above written. GRANTOR P i ~- G/ ~ _ . Secre _ i-t!`~-~ Jti ~' 5 STATE OF ImAHO 1 )~ County of Ada ) On this ~ day of,~~,a.r 2Qa~, before me, the und~signcd, a Notary Arblic in and for sai e, persorrAlly al~~~ (k ~~e+s+ ~~,s,~ .~ri~,t •~" and wawa or identiS~ to me to be the hMiir~at ui Sacnrtary,•resrectively, of the corporation that execatcd the within instrument, and aolrnowledged to me Lhat such corporation cxcxuted the same. 1N WITNESS WHl'sRl?l?F, I have hta~unto set ~y head and affixed my official seal the day and y~ Ix9t above written. J~REY AUgT1t+f NOTARY PUBhtC 8TAT1= C?l= ~A~? ' Water Main ~E EASMT R~1`R,doc q_a CITx' OF MERIDIAN Tammy~}e W ~~~~~~ William G. Berg, Jr., City ~. ,y, ",. .~, r • ~ FO c ~x$n~ r ~ ~~ 1 Approved by Council on.: "" iilnins~ STATE OF IDAHO, ) ss. County of Ada, ) On this ~~ day of ~z'''t.a'+.`~~,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my baud and affixed my official seal the day and year first above written. SEAL •'~~~ SZIY~'• J~Z ~~n ~~-~~ • • • ,~ $Q T~~ '•~~ Notary Public for Idaho + Residimg at: 6'Vh.~. L (i~,~ ~~. ' ~ My Commission Expires: ~~ ~ t r ~ ~ • `. ~ ~ ~ ~~ ~ ~ .~' pF IU •• r~~r~r' P~LlA ~.7 _OL_:s..L ARR~~W GPS, BOUNDARY, TUP(]CrRAPHIC AND A.L:T.A. SURVEYS fond Surv@ying, IBC. CON D SCTiCAON~STAKING 1121 E. State Street Suite 1®5 Eogle, Idoho 83616 affiae: 1-288-939-7373 fax: 1-2A8-939-73x1 Job No. 06255 T.R.F 12-8-06 (revised 12-18-06) LEGAL DESC:RTPTTC)1V FOR CXTY OF MER~DL4N 20' Water Easement Part of Lot 4, Block of Bridgetower Cossing Subdivision No. 2 located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada. County, Idaho described as: Beginning at the Southwest corner of Lot 4, Block of Bridgetower Cossing Subdivision No. 2, located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada. County, Idaho and running thence N00°53' 19"E 20.00 feet along the West line of said Lot; thence S89°06'41"E 184.49 feet; thence N00°53'19"E 3.31 feet; thence N89°06'41"W 24.90 feet; thence N00°53' 19"E 20.00 feet; thence S89°06'41"E 44.90 feet; thence S00°53' 19"W 43.31 feet to the South line of said lot; thence N89°06'41"W 204.49 feet to the Point of Beginning. _ ~.~. . ~, ~_~ " 1 ..t ~ l ~~ Memo RECEIVED JAN 1 ~ 2006 To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date: 1 /10/2007 Re: Proposed Agenda Items for 1-16-07 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1-16-07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Exceed Learning Center by Exceed Inc. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Exceed Learning Center by Exceed Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~~ J City of Meridian Public Works Dept. • Page 1 Jan• 5~ ZUU/ ~~31NM WATER MAIN EASEMENT r~a•y~~~ N. t ~'HfS A~TDENTURE, made this day ofy 20D? between ~~CCee~9 ~ei~, _ the parties of the t~ part; and called the Gr~tors, and the Cfty of Meridiaq Ada County, Idaho, the party of the second pert, and here~at}er ealled the Crranltx; WTTNESSEIH: ,. :~VHI:1tEAS, the Grantors desire to provide a water maim ri~ttt-of vvay aexoss ~e pr•~miscs and property hetenatafler particularly bounded and de~bed; and '~J]HE;REAS, the watermain is to ire provided for through an undergrourAd pipeIlne to be coxtstniettcd by others; atxd Oi7HEERFAS, it vwill be qty to maintain, service and fitly connect to said pigelimte from time to time by the Grantee; NQW, TORE, m consideration of the beflefits to be received by tfie C,rantors, and pthergo~ and valuable ~ncide+stioa, the Grantors do hereby give, grant a~ conveyutrtothe Graz~ethetight of--way for an easement for ~ fiction, op~.ion~ matnt~ance, rtpair, replat~ment of a water main over aad across the following de~bed propeeiy` tSE!? ATTACHED EXZEaI'T A and B} The easerne:st ber+~y granted is Pot the purpose afconshuction and operation of a water lip and their allied fatalities, togetherwith their maisa~ addt<rn.~l cocoon thettto, mpamr and raplare~uent ai the t~vottiC~ of the Grantee, with the $ee right of access to such facilities at any and all times. TO HAVE AND'CO HdLD, the said easement ar~d right-of-way unto t3-~e said Grantee, iCs siiccessogs and assigns faztwe~ Ti' IS EXPRESSLY LJNI?P.I~S TODD AND AGRt~, by and between the parties het+eto; that attar conatxuction, making zepairs, Pezforming ether maintenance c~arntaking snhsequent coanedicrn to the water line, Granter shall restore the area.oPlhc CBSt~mCnt and adjac~t gropesLyto thate~snt prior to undertaking such cxsnst:uction, repairs and maiate~ancc. Howe~+er, Grantee shall not ~ responsible ~ Wig, ~ m'rt~toring anything P within the area desc~bed in tbis.essotnent that was placid there in violation of this rat. Additionally, greutee shalt not be responsible far repairing, replacing or restoring the following tha+oe Items tlia~l wore~ittcd wl]ain this c~sc~rncnt: ! ) Swig peal 2) Play Atria 3) Pence- THE GRAI~CT()1tS hereby ~venarrt and agree that they will not plate or aIIovtr to be placid airy peat~oaanemt ~ fcutdng, hues, brush, or perennial sluubs or flowers, otlterthan the three items specifically mentiaaeed above, witt}lan the ar+~ dr~cnbed for this dent, whirr woald mteafine with the use of said easement, for the putpnses stated hem THE GRANTORS hereby covec~nt and agree with the Csrautcc that should any partafthe right-of- way and event hereby granted shall become pact of, or tie within the boundaries of arty public Wetea Main Ea~rteat EASM'1' W'iR.doc Jan• 5. 2007 3;37PM ~ . No•9531 P• 3 street, then, to such extEnt, such right-of--way and easement hereby granted which lies witkxitt such boundary thereof or which is a part thereol;', skull Cease and become null and void and of no further effect and shall bC completely relinquished- THE GRAN i ORS do hereby covenant with the Grantcx that they are lawfully seized and possessed of the al:'oxemeulioned and described tract of land, and filet they have a good and lawful right to convey said easement, amd that they will warrant and forever defend the title anal quiet possession thereof against the lawful claims of al] persons whomsocver< iN WITNESS WHEZtF,OF, the said parties of the first part have hereunto subscribed their signatures the day and yeas fast herein above written. GRANTOR: Pr .{ -~~ ~-_ Secre _ STATE OF ff7AH0 ) )~ County of Ada ) On this _~ day of.~\~~Alc(.a-+' , 2007, ~jefone me, tbc; tuadcssi~c:d, a Notary X'ublic in and for said State, personally app u.. l 4 l~~s.~ (mss ~t~~~ ~ aad U~~'~tknown or identified to me to be the President and Secretary,,respectively, of the corporation that execatc~ the within instrument, and acimowledged to me that such corporation Cxccuted the sarne_ IIV WITNESS WHi?R,F..t;)F, ~ have hcrounto set rriy hand and affixed my official seal the day and year ~7tst above written. ~ JF.t`FAUSTIISI Nt3TARy pE1BhFC STATE {~ ~~~€? ' Water Main F„asenoex,.t EASMT WTR.doc • CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on STATE OF IDAHO, ) County of Ada, ) ss. On this day of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy'de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: N GPS, BOUNDARY, W E TUFOGRAPHIC AND A:L:T.A. SURVEYS CONSTRUCTION STAHING Land Surveying, ~nC. 3D SCANNING 1121 E. State Street Suite 185 Eagle, Idaho 83616 office: 1-298-939-7373 fax: 1-208-939-7321 Job No. 06255 _T.R.F. 12-8-06 (revised 12-18-06) LEGAL DE~CI~TPTT(~N FOR CITY OF MERIDIAN 20' Water Easement Part of Lot 4, Block of Bridgetower Cossing Subdivision No. 2 located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as: Beginning at the Southwest corner of Lot 4, Block of Bridgetower Cossing Subdivision No. 2, located in Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho and ntnning thence N00°53' 19"E 20.00 feet along the West line of said Lot; thence S89°06'41"E 184.49 feet; thence N00°53' 19"E 3.31 feet; thence N89°06'41"W 24.90 feet; thence N00°53' 19"E 20.00 feet; thence S89°06'41"E 44.90 feet; thence S00°53' 19"W 43.31 feet to the South line of said lot; thence N89°06'41 "W 204.49 feet to the Point of Beginning. M005 '19"E ,~. 2D O' _0 -OHP ~'= 0D s o0 ~ ~ .,, _ ~_ ~o (~J ~\ ~'~ CV `~, V ~~` J~ ,~ N ~ J` ~,J 2 {p 'p V ;Ti `~a 20' Woter Eoseme t ~ N~,, ~ ~~ n N00'53'19'~ 20.00' 'o o~ o rn ° NOO'53'> '~ ^~ 3.31 ' n r 0 • January ] 2, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007' APPLICANT ITEM NO. S-N REQUEST Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFiCE: See aMached ~, a ~" ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initiciis: Materkris prey®nted at public meaiinQs shop become property of The City of Meridian. APPENDDC C Policv Code No. I003.20 ]DINT SCHOOL DISTRICT NO. 2, Meridian 911 Meridian Street, Meridian, Idaho, 83642 (208) 855-4500 HOLD HARMLESS AGREEMENT FOR PARTICIPATION IN ACTIVITIES AND/OR USE OF FACILITIES Joint School District No. 2 is frequently requested to cooperate with other agencies in promoting youth activities. Occasionally such cooperation poses possible liability exposures to the district. This agreement provides assurance to Joint School District No. 2 that the cooperating agency agrees to accept the additional liability risks, and to defend and hold the district harmless in case of claims arising out of the identified activity. Such activities include, but are not limited to, ski trips, field trip activities, and rental or use of school facilities and grounds. A, INDEMNITY City of Meridian, shall defend, indemnify and hold harmless Joint School District No. 2, all of its officers, agents, employees, the State of Idaho, and its political subdivisions from and against any and all demands, suits, actions, claims, loss of damage of any kind, character of description, whether or not meritorious, and by whomsoever made or caused, in any manner arising out of or accruing by reason of or in relation to any act or omission of Ci of Meridian. its agents, servants or representatives, or any occurrences, incidents, or injuries connected with the activity, City of Meridian. B, LIABILITYINSURANCEAND DAMAGE Prior to the activity, City of Meridian shall procure and prepay all premiums on a comprehensive general liability insurance policy issued by an entity licensed to engage in the insurance business in Idaho. Said policy shall contain standard liability insuring agreements naming the Owner as an additional insured with City of Meridian. The limits of said policy shall be not less than the following amounts: $300,000.00 for injuries to, or wrongful death of, any one person in any one (1) accident; $1,000,000.00 for injuries to, or wrongful death of, all persons in any one (1) accident; $100,000.00 for damage to, or loss of property in any one (1) accident. City of Meridian shall furnish to Joint School District No. 2 a certificate of insurance at least five (5) working days prior to the activity. Said certificate of insurance shall show compliance with this paragraph and give ten (10) days prior notice of cancellation to Joint School District No. 2. City of Meridian shall be primarily responsible to Joint School District No. 2 for any and all damage of any nature and by whomsoever caused to Joint School District No. 2 property arising out of the aforementioned activities but not limited to, any consequential damages Joint School District No. 2 may suffer because of loss of use of school facilities. Page 2 of 2 C, NON ASSIGNABILITY APPENDIX C Policy Code No. 1003.20 This Agreement is not assignable by City of Meridian without the express and written consent of Joint School District No. 2. D, MISCELLANEOUS This Agreement shall be construed pursuant to the laws of the State of Idaho. It is agreed that the State of Idaho is the place of the formation of this Agreement and that this Agreement constitutes the whole of the parties' understanding and may not be modified except as provided herein or by a writing signed by each party hereto. The individual signing below as an officer or a representative warrants that he/she has the actual authority to sign this Agreement on behalf of the cooperating agency. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this 7th day of January, 2007. Cooperating Agency; City of Meridian By: Auth z Agency Administrator Owner; ]oint School District No. 2, Meridian By: A t on A cy Administrator Form Update 09/17/01 APPENDIX A AGREEMENT FOR USE OF PUBLIC SCHOOL FACILITIES Date: January 8, 2007 Joint School District No. 2 & City of Meridian 911 Meridian Street 33 E. Idaho Ave Meridian, Idaho 83642 Meridian, Idaho 83642 (Hereinafter called OWNER) (Hereinafter called RENTER ) Public school facilities are hereby rented to the RENTER according to the following schedule and terms: Date(s): 2/21 & 2/22 Place: Meridian Middle School between the hours of 3:OOPM to 8:OOPM 2/21 and 1:05PM to 8:OOPM on 2/22. 2. Equipment to be made available to the RENTER by the OWNER 1 Microphone 3. Check facilities and specify rent to be paid in the space below. Gymnasium Multi-Purpose Room X Cafeteria (only) Waived Cafeteria w/kitchen X Auditorium Waived Custodial Fee Other Supervision X Sound /Light Tech Waived X Deposit (refundable) $ 500.00 Total Fee Charged $ 500.00 4. Special conditions of the agreement: a. Any damage to the building or equipment caused by the RENTER will be repaired or replaced at the expense of the RENTER. b. Adequate adult supervision will be present at all times. c. Additional personnel service, if required, will be paid by the RENTER in addition to the rental fee at current per hour rates. d. No equipment other than that specified in Item #2 will be furnished to the RENTER without prior approval of the principal. e. If the building being rented is not properly cared for, the building principal retains the right to break the contract. f. First aid stations or other special services needed for the safety and welfare of the group will be provided by at the expense of the RENTER. g. No smoking will be allowed on any school property. h. No food or beverages will be allowed except in designated areas. 5. Payment by the RENTER will be made prior to using the facility unless other arrangements have been made. IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. By OWNER: By RENTER: acil es ordinator) (Authorized Representative) ~ eriian 14~itlle s®A acilities Request Procedure: 1. All requests or iatquiries must be submitted in Writing on this form. - 2. Requests other than by schoo! or district personnel must be submitted 30 days in advance of requested date. 3. An approval or denial letter will be mailed within 14 days. 4. If approval is gr nted, packet of information will be mailed with approval. Today's ®ate: ~ ~ Phone: _ ~ L~~~,~.~ Person making the request (group sponsor): ~~ G~ ~ ~ 1~ c~, ~ '.t a Address: -~ ~ ~ ~ /-a-~,~ ~ City: ' ~ i~.r Zip: . ~~ ~ ~ ~~ Activity: ~-~ ~-~.~- ~ ~' Jn~ ~ ~ Facility Requesting: ~ .~,~~ i ~~-v~~-- 9 ~~ ,l"i Date(s) Needed: ~~~ 9 ~_~ ____~ re.~ ~~~. .. ~~ ~~ ~ ~~ Time needed (include set-up and take down time): Start: .~®~ End: ~•n ~ ~` Are you planning on serving food or beverage? Yes ~' No 5 If yes, indicate what you plan to serve? FOOD {S ONLY ALLOWED IM DESIGNATED AREAS. Caf to rental may be required at addidanal charge. /~uditorlurrl Requests ®NLY: Special Requests (i.e. equipment, electrical, etc.): Circle if needed: Microphones (how many? Requires soundAight technician? Yes ~_ No Monitor ~~ Pod Requires additional supervision (for groups of 250+ people): Yes ~ No Additional Information for Outside Groups G mnasiums Auditorium and Main Buildin • Wes Lowe Gym is available Tuesday, • All requests must be in writing. Availability of rooms Wednesday, and Thursday from 8:30 - 9:30 PM and dates are unable to be discussed without having a for outside groups. Bill Berg Gym is used submitted request. exclusively by Parks & Recreation. . Weekend use and daily hours vary according to staff ® Scoreboards or other equipment will not be schedule. ($20.00 per hour will be charged for provided. overtime accrued by staff members.) General Fees (See District Rental Policy for more o For use of Auditorium sound and lights, a school information): technician is required at a $20.00 per hour fee. For a Local Recreation $40.00 per hour listing of usage fees, see District Rental Policy. Local commercial activities $40.00 per hour Local non-commercial activities $30.00 er hour Approved: Enclosed you will find the required paperwork. Must be submitted 5 days prior to scheduled use. Denied: By: We are sorry that we are unable to accommodate your rc3nuast_ (hank you for your interest in our facility. acilities Coordinator cc: Cuseodian, Library, Music, PE, Cafeteria, ®rama, S nsor, Other Meridian diddle School Rental F~ Worksheet Renter/Contact Person: (Gifu of Meridian (Peaav Gardner-884-2468 ext. 204) ®ate(s) of usage: February 21 and 22, 2007 r_e_---~-~~~-~-~-~-~-~-~-~-~-~ ~ Hours ~ ~ ~ ~ ~ Estimated ~ ~ Actual-~' ~ Description of Fee Rate I lo---------------------------- Needed ------ ------- Amount ------- Amount ' ! I Facilities Cost: -- --------- I I Auditorium-February 21 (3:00-8:OOPM) 5 $ 45.00 $ 225.00 Waived I ~ Auditorium-February 22 (1:00-8:OOPM) 7 $ 45.00 $ 395.00 Waived I I I j Personal Cost: ' ~ Sound/Light Tech-February 21 (3:00-8:OOPM) 5 $ 20.00 $ 900.00 Waived ~ I Sound/Light Tech-February 22 (3:00-8:OOPM) 5 $ 20.00 $ 900.00 Waived I I ~ Equipment Rental: ~ I j Sub-Total $ 740.00 j I Waived $ (740.00) j I Security Deposit $ 500 00 Refundable I , . Overall Total $ 500.00 I Please send a check made payable to Joint School District #2. The check for the damage deposit of $500.00 will be held and returned after your event providing that no damages were incurred and all conditions of the agreement were met. The deposit check, along with the signed Contract, Hold Harmless Agreement, and Certificate of /resurance must be received no later than one week prior to your scheduled event. `~ ~-~ i ~~ Please return signed documents and checks to Joint School District #2, c/o Sonya Farnham at 1507 W. 8th Street, Meridian, ID 83642. ~ eriian IU~iddle S ®1 aci~iies Request Pr®cedlure: 1. All requests or inquiri®s must be submitted in waiting on this form. 2. Requests other than by schoo! or district personnel must be submitted 30 days in advance of requested date. 3. An approval or denial letter wiN be mailed within 10 days. 4. If approval is gr nted, a packet of information will be mailed with approval. Today's ®ate: ~ ~ ~ ~ _ Phone: ~ ~ ~~L~ -~ Person making the request (group sponsor): ~r ~- ~" v ~~ ~'+~- ~°- \ ,,t i ~~~ Address: ~ ~ ~ k ~~~ cam. ~n~ f~-~.' ~ City: rid ~r.~.rt Zip: ~--~ , Activity: ~^~-- ~ ~~ ~~ ~, ~ Facility Requesting: ~ ,~t~ ' i ~~-V-~-~-- ~ ~ ~ f a Date(s) Rleeded: ~~ 9 ~ ~ i Time needed (include set-up and take down time): Start: ~ ®~' End: ~~~ ~ ~ Are you planning on serving food or beverage? Ye~ ~ No ~-~ ~ ~ 1 i ~~ ~~~` If yes, indicate what you plan to serve? ~~ ~ f~'~1 °:~ • ~~^~ ~~~ FOOD IS ONLY ALLOWED IN DESIGNATED AREAS. Caf rental may be required at additonat charge. ~~ ~ ~~ t ~.~` v Auditorium i2equests ®NLY: Special Requests (i.e. equipment, electrical, etc.): Circle i# needed: Microphones (how many? ~~ Monitor ~~ Podium !/ Requires sound/light technician? Yes ~ No Requires additional supervision (for groups of 250+ people): Yes ~ No Additional Information for ®utside Groups G mnasiums Auditorium and Main Buildin • Wes Lowe Gym is available Tuesday, • All requests must be in writing. Availability of rooms Wednesday, and Thursday from 6:30 - 9:30 PM and dates are unable to be discussed without having a for outside groups. Bill Berg Gym is used submitted request. exclusively by Parks & Recreation. Weekend use and daily hours vary according to staff ® Scoreboards or other equipment will not be schedule. ($20.00 per hour will be charged for provided. overtime accrued by staff members.) • General Fees (See District Rental Policy for more • For use of Auditorium sound and lights, a school information): technician is required at a $20.00 per hour fee. For a Local Recreation $40.00 per hour listing of usage fees, see District Rental Policy. Local commercial activities $40.00 per hour Local non-commercial activities $30.00 er hour Approved: ~ Enclosed you will find the required paperwork. Must be submitted 5 days prior to scheduled use. Denied: We are sorry that we are unable to accommodate your request Thank you for your interest in our facility. By: acilities Coordinator cc: rustodi n, Library, Music, PE, Cafeteria, Drama, S off, Other f ~ APPENDDC C Polic r~Code No. X003.20 JOINT SCHOOL DISTRICT NO. 2, Meridian 911 Meridian Street, Meridian, Idaho, 83642 (208) 855-4500 HOLD HARMLESS AGREEMENT FOR PARTICIPATION IN ACTIVITIES AND/OR USE OF FACILITIES Joint School District No. 2 is frequently requested to cooperate with other agencies in promoting youth activities. Occasionally such cooperation poses possible liability exposures to the district. This agreement provides assurance to Joint School District No. 2 that the cooperating agency agrees to accept the additional liability risks, and to defend and hold the district harmless in case of claims arising out of the identified activity. Such activities include, but are not limited to, ski trips, field trip activities, and rental or use of school facilities and grounds. A, INDEMNITY City of Meridian, shall defend, indemnify and h~'~ Joint School District No. 2, all of its officers, agents, employees, the St-?~' ~ ~- aolitical subdivisions from and against any and all demands, s~ ~~~ ~ f] d ~ gage of any kind, character of description, whether or nc` ,. ~ ~`"' ~ e or caused, in any manner arising out of or accruing .Q ~~' ~ °`~ ct or omission of Ci of Meridian, its agents, sear- ~~~" ces, incidents, or m~uries connected with the activity, ~I, ~ ~ ~" ~ , B, LIABILITYINSURANCEA ,q ~ ~~ Prior to the activity, Ci of, ~~.' B~- all premiums on a comprehensive general liability ir, ' ~ ~ sed to engage in the insurance business in Idaho. Said ..~y insuring agreements naming the Owner as an additions ~aian. The limits of said policy shall be not less than the following a\ ~" $300,000.00 for injuries ..,ngful death of, any one person in any one (1) accident; $1,000,000.00 for injuries to, or wrongful death of, all persons in any one (1) accident; $100,000.00 for damage to, or loss of property in any one (1) accident. City of Meridian shall furnish to Joint School District No. 2 a certificate of insurance at least five (5) working days prior to the activity. Said certificate of insurance shall show compliance with this paragraph and give ten (10) days prior notice of cancellation to Joint School District No. 2. City of Meridian shall be primarily responsible to Joint School District No. 2 for any and all damage of any nature and by whomsoever caused to Joint School District No. 2 property arising out of the aforementioned activities but not limited to, any consequential damages Joint School District No. 2 may suffer because of loss of use of school facilities. APPENDDC C Policy Code No. 1003.20 .70INT SCHOOL DISTRICT NO. 2, Meridian 911 Meridian Street, Meridian, Idaho, 83642 (208) 855-4500 HOLD HARMLESS AGREEMENT FOR PARTICIPATION IN ACTIVITIES AND/OR USE OF FACILITIES Joint School District No. 2 is frequently requested to cooperate with other agencies in promoting youth activities. Occasionally such cooperation poses possible liability exposures to the district. This agreement provides assurance to Joint School District No. 2 that the cooperating agency agrees to accept the additional liability risks, and to defend and hold the district harmless in case of claims arising out of the identified activity. Such activities include, but are not limited to, ski trips, field trip activities, and rental or use of school facilities and grounds. A, INDEMNITY City of Meridian, shall defend, indemnify and hold harmless Joint School District No. 2, all of its officers, agents, employees, the State of Idaho, and its political subdivisions from and against any and all demands, suits, actions, claims, loss of damage of any kind, character of description, whether or not meritorious, and by whomsoever made or caused, in any manner arising out of or accruing by reason of or in relation to any act or omission of Ci of Meridian, its agents, servants or representatives, or any occurrences, incidents, or injuries connected with the activity, City of Meridian. B, LIABILITYINSURANCEAND DAMAGE Prior to the activity, City of Meridian shall procure and prepay all premiums on a comprehensive general liability insurance policy issued by an entity licensed to engage in the insurance business in Idaho. Said policy shall contain standard liability insuring agreements naming the Owner as an additional insured with City of Meridian. The limits of said policy shall be not less than the following amounts: $300,000.00 for injuries to, or wrongful death of, any one person in any one (1) accident; $1,000,000.00 for injuries to, or wrongful death of, all persons in any one (1) accident; $100,000.00 for damage to, or loss of properly in any one (1) accident. City of Meridian shall furnish to Joint School District No. 2 a certificate of insurance at least five (5) working days prior to the activity. Said certificate of insurance shall show compliance with this paragraph and give ten (10) days prior notice of cancellation to Joint School District No. 2. Citv of Meridian shall be primarily responsible to Joint School District No. 2 for any and all damage of any nature and by whomsoever caused to Joint School District No. 2 property arising out of the aforementioned activities but not limited to, any consequential damages Joint School District No. 2 may suffer because of loss of use of school facilities. Page 2 of 2 C, NON ASSIGNABILITY • APPENDIX C Policy Code No. 1003.20 This Agreement is not assignable by City of Meridian without the express and written consent of Joint School District No. 2. D, MISCELLANEOUS This Agreement shall be construed pursuant to the laws of the State of Idaho. It is agreed that the State of Idaho is the place of the formation of this Agreement and that this Agreement constitutes the whole of the parties' understanding and may not be modified except as provided herein or by a writing signed by each party hereto. The individual signing below as an ofFcer or a representative warrants that he/she has the actual authority to sign this Agreement on behalf of the cooperating agency. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this 7th day of January, 2007. Cooperating Agency; City of Meridian By: Auth z Agency Administrator Owner; ]oint School District No. 2, Meridian By: A t on A cy Administrator Form Update 09/17/01 • • APPENDIX A AGREEMENT FOR USE OF PUBLIC SCHOOL FACILITIES Date: January 8, 2007 Joint School District No. 2 & City of Meridian 911 Meridian Street 33 E. Idaho Ave Meridian, Idaho 83642 Meridian, Idaho 83642 (Hereinafter called OWNER) (Hereinafter called RENTER ) Public school facilities are hereby rented to the RENTER according to the following schedule and terms: 1. Date(s): 2/21 & 2/22 Place: Meridian Middle School between the hours of 3:OOPM to 8:OOPM 2/21 and 1:05PM to 8:OOPM on 2/22. 2. Equipment to be made available to the RENTER by the OWNER 1 Microphone 3. Check facilities and specify rent to be paid in the space below. Gymnasium Multi-Purpose Room X Cafeteria (only) Waived Cafeteria w/kitchen X Auditorium Waived Custodial Fee Other Supervision X Sound /Light Tech Waived X Deposit (refundable) $ 500.00 Total Fee Charged $ 500.00 4. Special conditions of the agreement: a. Any damage to the building or equipment caused by the RENTER will be repaired or replaced at the expense of the RENTER. b. Adequate adult supervision will be present at all times. c. Additional personnel service, if required, will be paid by the RENTER in addition to the rental fee at current per hour rates. d. No equipment other than that specified in Item #2 will be furnished to the RENTER without prior approval of the principal. e. If the building being rented is not properly cared for, the building principal retains the right to break the contract. f. First aid stations or other special services needed for the safety and welfare of the group will be provided by at the expense of the RENTER. g. No smoking will be allowed on any school property. h. No food or beverages will be allowed except in designated areas. 5. Payment by the RENTER will be made prior to using the facility unless other arrangements have been made. IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. By OWNER: Ifl By RENTER: acil es ordinator) (Authorized Representative) ~ riian iddl~ S i iiii~~ R~u~ Procedure: 1. All requests or Enquiries must be submitted in writing on this form. 2. Requests other than by school or district personnel must be submitted 30 days in advance of requested date. 3. An approval or denial letter wilt be mailed within 10 days. 4. If approval is g nted, packet of information will be mailed with approval. s Today's Date: ~ ~ ~ Phone: ~ ~ -~ Person making the request (group sponsor): `~ l.~- ~ _ ,~ Address: ~~ ~ ~ ~ f~c~ ~ N City: ~ - ~, ~ > r Zip: ~...~~- r: c~ Activity: Facility Requesting: Date(s) Needed: U F.-~_ Time needed (include set-up and take down time): Start: >~ v ®~' End: ~~ry ~ Are you planning on serving food or beverage? Yes ~~ No -~-- If yes, indicate what you plan to serve? ~ ~r~cy~ FOOD IS ONLY ALLOWED IN DESIGNATED AREAS. Caf rental may be required at additional charge. Auditorium itequests O1VLY: Special Requests {i.e. equipment, electrical, etc.): Circle if needed: Microphones (how many? ~? ) Monitor ~ Requires sound/light technician? Yes ~_ No Requires additional supervision (for groups of 250+ people): Yes `?~ No Pod Additional Information for Outside Groups G mnasiums Auditorium and Main Buildin • Wes Lowe Gym is available Tuesday, • Alf requests must be in writing. Availability of rooms Wednesday, and Thursday from 6:30 - 9:30 PM and dates are unable to be discussed without having a for outside groups. Bill Berg Gym is used submitted request. exclusively by Parks & Recreation. Weekend use and daily hours vary according to staff ® Scoreboards or other equipment will not be schedule. ($20.00 per hour will be charged for provided. overtime accrued by staff members.) • General Fees (See District Rental Policy for more • For use of Auditorium sound and lights, a school information): technician is required at a $20.00 per hour fee. For a Local Recreation $40.00 per hour listing of usage fees, see District Rental Policy. Local commercial activities $40.00 per hour Local non-commercial activities $30.00 er hour Approved: Enclosed you will find the required paperwork. Must be submitted 5 days prior to scheduled use. Denied: We are sorry that we are unable to accommodate your request. Thank you far your interest in our facility. By: CC: Facilities Coordinator bus, todian, Library, Music, PE, Cafeteria, Drama, Sponsor, Other Meridian ~ddle School Rental F~ Worksheet 14enter/Contact Person: (Gifu of Meridian (Pegav Gardner-884-2468 ext. 204) Date(s) of usage: February 21 and 22, 2007 r~~~~~~~~~o~~~~~~~~~~~~~~~~~~~ I Description of Fee ~_~,_,___,_________________,_, I Facilities Cost: ~~~~~~~ Hours _Needed ~~~~~~~~ Rate ________ ~~~~~~~~~ Estimated _ Amount__ ~~~~~~~~~7 Actual I _ Amount__I I Auditorium-February 21 (3:00-8:OOPM) 5 $ 45.00 $ 225.00 Waived ~ Auditorium-February 22 (1:00-8:OOPM) 7 $ 45.00 $ 315.00 Waived I I I j Personal Cost: ' ~ Sound/Light Tech-February 21 (3:00-8:OOPM) 5 $ 20.00 $ 100.00 Waived ~ Sound/Light Tech-February 22 (3:00-8:OOPM) 5 $ 20.00 $ 100.00 Waived I I I ~ Equipment Rental: ~ I-_---------------------------- ' j Sub-Total $ 740.00 j I Waived $ (740.00) I ~ Security Deposit $ 500.00 Refundable I ~ Overall Total $ 500.00 ~ Please send a check made payable to Joint School District #2. The check for the damage deposit of $500.00 will be held and returned after your event providing that no damages were incurred and all conditions of the agreement were met. The deposit check, along with the signed Contract, Hold Harmless Agreement, and Certificate of Insurance must be received no later than one week prior to your scheduled event. y' P~G~ Please return signed documents and checks to Joint School District #2, c/o Sonya Farnham at 1507 W. 8th Street, Meridian, ID 83642. _~ ~ Sri ion fiddle S~ ®I iliie~~ e s Procedure: 1. All requ®sts or inquiries must be submitted in Writing on this form. 2. Requests other than by school or district personnel must be submitted 30 days in advance of requested date. 3. An approval or denial letter wiff be mailed within 10 days. 4. If approval is gr nted, packet of information will be mailed with approval. Today's Date: ~ ~ ~ Phone: ~ ~ ~'~ ~~L~~~-~ Person making the request (group sponsor): Address: Activity:-• Facility Requesting: Qate(s) Needed: _ L Time needed (include set-up and take down time): Start: V ®~ End: ~~--.~ ~ Are ou tannin on servin food or bevera e? Yes ' ,~ ~~ ~ ~ t ~~~ ~° y p g 9 9 ~ No ~ ~. ~. ~° If yes, indicate what you plan to serve? ~+ ~~~~ ~1i1 ~~ . ~~~ ~~ FOOD IS ONLY ALLOWED IPl DESIGPIATED AREAS. Caf rental may be required at addltlonal charge. ~~ ~ ko~rt ~~ V Audit®riuen itequests ®iVLY: Special Requests {i.e. equipment, electrical, etc.):_ Circle if needed: Microphones (how many? ~_) Requires soundAight technician? Yes ~ No Monitor ~^ Requires additional supervision (for groups of 250+ people): Yes ~ No Additional Information for Outside Groups G mnasiums Auditorium and Main Suiidin • Wes Lowe Gym is available Tuesday, • Ali requests must be in writing. Availability of rooms Wednesday, and Thursday from 6:30 - 9:30 PM and dates are unable to be discussed without having a for outside groups. Bill Berg Gym is used submitted request. exclusively by Parks & Recreation. Weekend use and daily hours vary according to staff • Scoreboards or other equipment will not be schedule. ($20.00 per hour will be charged for provided. overtime accrued by staff members.) • General Fees (See District Rental Policy for more • For use of Auditorium sound and lights, a school information): technician is required at a $20.00 per hour fee. For a Local Recreation $40.00 per hour listing of usage fees, see District Rental Policy. Local commercial activities $40.00 per hour Local non-commercial activities $30.00 er hour Approved: ~ Enclosed you wiH find the required paperwork. Must be submitted 5 days prior to scheduled use. Denied: We are sorry that we are unable to accommodate your request. Thank you for your interest in our facility. By: ~r ~-. ,~ v 1~ c~,~ `.~ ~ /~,~ ,City: ~ ~ic~r1 Zip: ~~ e:~~i ~~~~ ~~ 1 Coordinator cc: rustodi n, Library, Music, PE, Cafeteria, Drama, Sponsor, Other ~, 6 • • January 12, 2(~?7 MERIDIAN CITY COUNCIL MEETING January 16, 2t~7 APPLICANT ITEM NO. Jr~C~ REQUEST Water Main Easement Agreement for Candlewood Suites by TQ Silverstone Way, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See atMchsd 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 pubec meetings shall become property of fhe City of Meridian. - ~ - ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02101107 01:43 PM ~~I I~`I~I~I~I~If~~~~f~~ll~~~~I~l~l ~I~ DEPUTY Neana Haney I 1 I I 1 RECORDED-REQUEST OF 1~71315.~5>~ Meridian City ~- .- WATER MAIN EASEMENT THIS IlVDENTURE, made this / / day of ~A~ , 20,~,between % Q S~LdE~S' TONE ti/A/ ~ ~ the parties of the first part, and hereinafter called the Grantors, and the Cfty of Meridian, Ada County, Idaha, the party of the second part, and hereinafter called the Grantee; WITNE55ETH: 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. TT 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 dowers within the area descn`bed 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 wifihin such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR Pages, ~A ,~~ 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 wamdnt and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN VVITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ,S~~~EQSru~/C wAY LCD ~~~ ,y Rot7~~C r M ui.~.~ ~ Nf/tiA~F'~~JG.- ~/EHdE~ ~' STATE OF ll7AH0 ) ss County of Ada ) ~ • ~~ On this : ~ ~,y of Ica v U o.~ 20 ~?'7, before me, the undersigned, a Notary Public m and for said State, personally appeared c~-~:r~- S`^ ~ ~ , ~^" . and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SF.Ai") NOTARY PUBLIC FOR IDAHO Residing at Y'~ ~ ~~ ~e r' ~~~'• Commission Expires: ~'''~ ~ " ~ ~ ~• DEBBIE CORSKI NOTARY PUBLIC STATE OF IDAHO Water Main Easement EASMT WTR _ ! b - lam'. n.~ CITY OF MERIDIAN Tammy G. Berg, Jr., City A.pgroved by Council on STATE OF IDAHO, ) ss. County of Ada, ) ,~ °~ ~ `;Gtr A `~°'"° ~= F~ :. ~ - ,.~ '9 ~ *ee., \~ .~ ~ ~ ~t,. /lf~~illf111 {lRfiStgl.~~. On this Z~~day of GG~4"1,X12'-'w ~ 2007, before nne, the undersigned, a Notary Public in and fpr the State of daho, personally appeared Tammy de Weerd and William G. Berg, Jr., knowm to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instru~oent 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 writtexl. SEAL Notary Public for Idaho Residing at: ~ yy.,,~ (tom a- ~~ My Commission Expires: ! G ~ IS ~ L r a~sge, ~ 0 Eaiutbit A Easement Description A watermain easement located in Section 21, Township 3 North, Range 1 East Boise Meridian, more particularly described as follows: Commencing at the NW Corner of Sation 21, Township 3 North,'Range 1 Fast Thence South 00°14'50" West, 1247.93 feet slang West Boundary Section 2I . Thence South 89°45' 10" East 354.61 feet. Thence North 00° 14'80" East 158.57 feet. Thence South 89°45' 10" East 299.36 feet to point on existing utility easement Thence atottg a curve to the right; Radius = 350.00' Are 20.93' Chard = 20.92' Chord Bearing = North 22°58` 19" West to the REAL, POINT OF BEGINNING. Thence South 70°49'44" West 27.10 feet_ Thence North 20°07'59" West, 64.77 feet. Thence North 70°49'44" East, 31.84 feet. Thence along a curve to the left: Radius = 350.00' Arc - 64.96' Chord = 64.$6' Chord Bearing = South 15°56'32" East to the REAL POINT OF BEGINNING. Area 1843.36 SF ~~,? ' ~~-~, -~ ~ / o,~ p,°~ ~ of ~) .. w~ }~ ~'~~~ COPY. ti rtp l~OP ~.~ _ ., ,,,.~ _ ~N; }~~d i. y M1 ~ : I,, ~p~ ~ Yn :. ~ ti O ..~... N_ ~ ff u ~ Y fi ,~ ~ 16 (b V x K 4 ' $o Ei ~.i5'~ : '-p':L ~ ... a• ... ~. ~'r .. _ -; Via.., .^ .. ,_. ... _ .. ~~_ _ ,...~...-~ _ _.~..._ _ '~~: A , . Lx a' i;m T cry. i$ ~ ~ .. i.,_„ ~ h C +. 4` • ;d I Ali ..a h ~ _ -_ ~}> :t~ U ~ .. r, rc, ~i, r I o t1+' _O'S •~i~tL j ~ _ N - n ~ ~ ;" _ ~ 1 i"~yy~;;F ~ ~ Im, ~ r -. , _*. $ ot~a a~ rP as.r sp, $ NTH ~, _ ~'r :g,.s:-~ f.. h, ~r~ ~ ~ i_ Pave, ~ of )`~" Memo l~ECEI~TI~ ~Ati i ~ 2006 City ~~ i~lleridian. City Clerk ®ffi.ce To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1!11/2007 Re: Proposed Agenda Items for 1/16/07 City Council Meeting The Public Works Departrnent respectfully requests that the following items be placed on the 1/16/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Candlewood Suites by TQ Silverstone Way LLC. Typical Water Mam Easement. Recommended Council Action: Approve the Water Main Easement for Candlewood Suites by TQ Silverstone Way LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • City of Meridian Public Works Dept. • Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this / / day of .1 /~n1 , 20~between i Q SiL~E~S ~°NE W~/ `~ ~e parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described 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 lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR • 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 WIT'NES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first-herein above written. GRANTOR: ~Q ~`/t~EQSioNC G~Ay~ PLC d-~ ~ . l2Df3E~ i M Qui.J.J ~ ~9f1•VACEic)Cr /L/E~//3Ef2 STATE OF IDAHO ) ss County of Ada ) On this ~ ~ ~~ day of ~Q v~ uc~,- , 20 b'7, before me, the undersigned, a Notary .Public in and for said State, personally appeared ~1~r-~- ~,r-, Q ~ , ,~ ~,, . ~d ,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 WI'T`NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. cc' (SEAL) NOTARY PUBLIC FOR IDAHO _ Residing at Y~ ~ ~~ ~.-~ ~ i,`~o,1~,. ""`""~ Commission Expires: _ ~~~ `~ ~ - ;ZG 3 ~~ ®E~~I~ ~~RSKI IV~TARY PIJ~LIC STAI"E ®~ I®AFiO Water Main Easement EASMT WTR • • CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) On this day of - ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: Exhibit A Easement Descriptiaa A watermaixi easement located in Section 21, Township 3 North, Range 1 East, Boise Meridian, more particularly described as follouTs: Commencing at the NW Corner of Section 21, Township 3 North, Range 1 East Thence South 00°14'50" West, ,1247.93 feet along West Boundary Section 21. Thence South 89°45' 10" East 354.61 feet. Thence North 00°14'50" East 158.57 feet. Thence South 89°45' 10" East 299.36 feet to point on exisfiing utility easement. Thence along a curve to the right; Radius = 350.00' Are = 20.93' Chard = 20.92' Chord Bearing = North 22°58' 19" West to the REAL POINT OF BEGIl~t1~TING. Thence South 70°49'44" West 27.10 feet; Thence North 20°07'59" West, 64.77 feet. Thence North 70°49'44" East, 31.84 feet. Thence along a curve to the left: ~ = 350.00' Arc = 64.96' Chord = 64.g6° Chord Bearing = South l5°56'32" East to the REAL POINT OF BEGINIVIlVG. Area 1843.36 SF ~~~ ~ ~ . 1 ~~t~~' ~ , ~° ,, ~;..-. ~ ~ ~q~~ _ raft"':~ ' ( U ~ ~ Onl s F' i I~ ~ v." ~~c m. '" f m ~_ ~.. `~~ ` `~ n.z .. ~~R 9 c ~ s ?a f' ` ~ ~, ~ ~ U r '~ a ~ v J M ' i "°"." ~ . ~ i ~ i s, ~~ C A ~ .., N ~ ~~ z ~~ I ~; ~ ~y 3` M ~ ~ j ~ SaT45r'7,`pp4a?' ~ fi ~ ~p(y. t ~~ ~ tJaIIYt'S~'£ 156.57' ' °`- ~ c ~ 106.64. 4is'F4'S.',T 994.76. .,.p ~ 3 51.4J' ha^ao•sr a soa-e<sa~a- pos.ss' sp.4 aR'G+YAL Ui~£ t0i5 f&,fp7 Sar'p~"Sr°iY 2c27@' _ `RtG5V7Ft LGYi tOTS +Sfp6 L5 ~~ .`Y ^' ~ a a a '~~¢¢'YY z ~ ~ If ! y a~ ~~~ ~ ~ ~VniLa n, ,f~CS "v ~G ~ L .. t!o a°pn `x~ \ 4 ran, ~ -'".." #~~' ¢{ ~ ~ :.nx t S a`n '~ 'ti "^~ € '~ ~ i 1 J 1 a ~ C 9 fir -~~' f ~~ /I I yti ~` sn~'- ..e ar a :2~-- -~-t~..r,,,~ Tit S1L ~,,.e'" ~. -,`~.., SpU r g ~, ~ ~\ ti b u ~s/ O a; T~ ~ ~~nn ~ +n ~ a 4' may. N~.. _~? .` ~.: x "'LL p xx 1 `"-`~ ~ ,.~ ;,. ~ ~° • January 5, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING January 9, 2007 APPLICANT Legal Department 8~ Public Works Dept. REM NO. 6-A-1 REQUEST Mutual Coap@ration Agreement with United Water Idaho, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS ~._~., ~ ~~ ,~'°~ r~ MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become properly of the CHy of Meridian. January 12, 2()07 Department Reports MERIDIAN CITY COUNCIL MEETING January 1 b, 2007 APPLICANT Parks Department ITEM NO. ~-A•1 REQUEST Recommendation of Name of Parkin Bainbridge Subdivision: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: GITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNIY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS ~'" o , ~.~~~a In,711~ U~ P~"/ OTHER: Contacted: Dafie: Phone: Emailed: Staff Initials: Materkda presented at pubNc meettnps shah become property of the City of Meridian. ~~ C~Yteri~r~"1? ~ ~ SUMMARY OF PARKS AND RECREATION COMMISSiON~S ~.,. ~~~~~~~~~ ~ RECOMMENDATION TO CITY COUNCIL Project Name: L[> r ~.t_ j /}'m Lc>i~~,dt~ ~~L ,"`~~" ~~~ Park: Applicant: ~ .qV a ~ ( i.t.%~IU ~ ~ C° L P&R Commission Meeting Date: ~ l l ~~® Recommendation: ~rL~~ ~~~J ~~~~ - ~pr~~~ Summary of Public Hearing: ~ 11~1J IUD ~~~~ ~~ e ~, ~ i~~ N ~ ~ ®~~1~~ ~~n~S Key Commission Changes to Staff Recommendation: ~~~ ~ ~,~ Outstare: ing Issues for C~~ o~ il ~ ~ lEv~ APPROVED: /{{/ ~ `... F l Bye MacCoy, Ppesi nt of esmith, Vice President Revised January ltl, Ztl07 • January 12, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING January 16, 2(~7 APPLICANT Parks Department ITEM No. 6-A-2 REQUEST Approval of Park Direcfion Signs for Roadways: 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: sic al-to~heca Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings ahap become properly of the City of Meridian. ~~, ,;~ '~ Ci~crrG~ir~:n t ~' ~.- ;, ~ ~ STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: ~cz~lG s~n~ Park: ~`~ Applicant: P&R Commission Meeting Date: f2~~3~©~ Recommendation: ~ j~d cv..--~~ . ~ ~ .4cf~D ~ ~r jns ~ r ~~,~/~^i4 ~ . Summary of Public Hearing: . f~ ~(~rr.~f J~~/,~lL f~ ~c~}~~~~''~s' • ~ Key Commission Changes to Staff Recommendation: Outstanding Issues for City Council: APPROVED: ~ ~...r- ~ BNUCe MacCoy, Presid .` Cr g Stee ,Vice PYesident Revised February 27, 2006 w ~2a .n C 4 0 ~ ~ - w D t ~ ~ ~ 1 ~ .~ 0 M M January 12, 2~7 w Department Reports MERIDIAN CITY COUNCIL MEETING January 16, 2~7 APPLICANT Planning Departmen# ITEM NO. 6-8-~ REQUEST Discussion of ACRD Five Year Work Program: 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 d~~' ~' Contacted: Date: Phone: Emaited: Staff Initials: Mater~ft presented at public msetinps st~U become property of the City of Meridian. Pale 1 of 2 r~ ~ _ T>~ra Gr®en From: Matthew Ellsworth Sent: Tuesday, January 16, 200? 8:07 AM To: Tara Green Cc: Hlfill Berg; Anna Canning Subject: RE: January 16, 2007 C/C Agendas Tara, Can you please remove item 6.6.1 (FY~lP Update) from tonight's agenda? I am drafting the letter for Council's consideration next week. I'll be in touch between now and then about inclusi®n on the agenda [;it may be a consent item, but t'll let you know). Thanks, Matt Ellsworth Associate City Planner Meridian Planning ®epartment 660 E. ldVatertower, quite 202 Meridian, B® 83642 208.884.5533 From: Tara Green 5kent: Friday, January 12, 2007 4:01 RM To: (derek@derekbraun.com); (greg@greg-g~dman.com}; (GScrogham@sb-attomeys.com); (holmanj@merldianclty.org); (kanee@meridiancity.org}; (kwoodhouse@brightoncorp.com); (mirosoletCglidahostatesman.com}; (megan.)ohnson@wrgdesign.rnm); (radektc@meridiancity.org); (rafting@gwest.net); (rBtrgeraki@congergroup.c:om); (rou~cm@msn.oam); (watterss@mericiiancity.org); Abram Antonucci (antonuca@meridiancity.org); Amanda Alvaro (E-mail}; Amanda Hess (hessa@meNdiancityy.org); Anna Canning (canninga@meridiandty.orgl; Ashler Ford (E-mail); Barb Shlffer (E- mail); BIII Johnson; Bill Musser (E-mail); Bill Nary (E-mail}; Bob Chandler (E-mail); Bob Si,owe (stoweb@meridiancity.org); Brad Miller (E-mall); Brad Watson (E-main; Broke Hale; Bruce Freckleton (E-main; Bruce Mills (E-main; Chris Blanchard (CBlanchard@cityofboise.org); Clair Bowman (E-mail); Clint Dotsby (E-mail); Craig Bernauer; Craig Hood (E-mall); Dave McKinnon (E-main;'Davld Mae; David Turnbull (E-mail); Davki Zaremba (zarembad@meridiancity.org); Dean Willis (mdwiltisi@msn.com); Diane Stewart (E-mail); Doug Strong (E-mail}; Elroy Huff (E-mail); Frank Thomason (hisborydoC@gwest«net); Gary Buentgen (E-mail); Gary Inselman; Gene Trakel (trakelg@metldiancity.org); Gerry Mattison (E-maif); Guy Levingston; Hillary Costa (hcasta@idahostatesman.com); Jared (E-mail); Jay Walker (JWakker@brightoncorp.com); Jeff Lavey (lavey3@meridiancity.org); Jennifer Veatch (veatchj@meridiancity.org); Jenny 5toy (stay]@merktiancity.org); Joe Borton (9wborkon@foleyfreeman.cam); Joe Sihra (E-main; John Overton (averhonj@meridianciiy.org); Justin Lucas (lucasj@meridiancity.org); Kane Gknn (E-mail); Keith Borup (keith@borupconstructton.com); Keith Watts; Kenny Bowers (E-mail); KNsty Vigil (E-rrratl); Len Grady (gradyl@merkiianaty.org); Machelle HIII (hiNm@merldiancity.org); Matthew Ellsworth (ellsworm@meridiancity.org); Michael Rohm (mrohm@ener'techservices.com}; Michelle Albertson; Mike Cale; Mike Ford (E-main; Nina Barton (E-male; Peggy Gardner (gardnerp@meridiancaty.org); Rater Friedman; Peter Oliver (poliver@brightoncorp.com); radfordn@meHdiancity.org; Rick Clinton (E-mail}; Rkk McGraw (rtdcmcgraw@gwest.net); Ran Anderson (andersor@meridiancity.org); Ronaldo Coutber; Ryan Vollmer (ryanv011mer@msn.oom}; sgallivan@sb- attorneys.com; Shari Stales (E-mail); Shaun Wardle (E-main; Shenae Finch (finchs@meridiancity.org); smiths@meridiancihr.arg; ssiddoway@parametrix.com; Stacy KJk;trenmann (E-main; 5te~re Arnokl (E-main; Steve Harding (E-main; Susan Slaughter (E-main; Tammy de Weerd (deweerdt@meridiancily.org); Ted 8alyd (E-mail); Terry Smith (E-mail); Vickie Woods (E-mail); Wendy Newton-Huckabay (whuckabay@ecxofink.com}; Will Berg (E- mail) Sub~Ct: January 16, 2007 C/C Agendas Have a great weekend! 1116/2007 January 12, 2007 FP 06-055 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT Ventana, LLC ITEM NO. 9 REQUEST Final Plat approval for 70 single-family residential building lots and 4 common lots on 18.21 acres in an R-8 zone for Ventana Subdivision Plo. 2 -north of McMillan Road on Meridian Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Staff Comments No Comments L~ BEFORE THE MERIDIAN CITY COUNCIL C/C January 16, 2007 IN THE MATTER OF THE APPLICATION OF VENTANA, LLC, FOR FINAL PLAT APPROVAL OF 70 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 18.21 ACRES IN AN R-8 ZONE LOCATED NORTH OF MCMILLAN ROAD ON MERIDIAN ROAD IN THE SW 1/ OF T. 4N., R. lE., SECTION 30 CASE NO. FP-06-055 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 January 16, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 16, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING VENTANA SUBDIVISION N0.3 LOCATED IN THE SW 1/ OF T. 4N., R. lE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRI'I°TEN DATE: 11/28/06, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO. 3 / (FP-06-055) Page 1 of 4 ~ ~ ENGINEERING SOLUTIONS, LLP," VENTANA, 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 Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 16, 2007, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their January 16, 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 preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION N0.3 / (FP-06-055) Page 2 of 4 • 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF--site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more thantwenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.3 / (FP-06-055) Page 3 of 4 L_J 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 ~~y~' day of ~ , 2007. ~`,~uitii~rirU~~,f~~` /l/d~1~2 elf ATTEST: ~ .; ~~ - ` = v WILLIAM G. BERG, J ., CL~ ,~ ' ~~+ ~, ~• /~~~~~~~irrrr~a ~aa~~~~~~~\`\ Copy served upon: ~/ Applicant /' Planning Department / Public Works Department ~/ City Attorney By: City Clerk's Office WEERD Dated: I - ~ l- G-} ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO. 31(FP-06-055) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DE•RTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: January 16, 2007 Transmittal Date: January 11, 2007 Mayor and City Council Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C Ventana Subdivision No. 3 Final Plat Request for Final Plat Approval of Ventana Subdivision No. 3 Consisting of 70 Single-Family Residential Building Lots and 4 Common Lots on 18.21 Acres in an R-8 Zone by Ventana, LLC (File# FP-06-OSS). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Ventana, LLC, has applied for final plat approval of 70 single-family residential building lots and 4 common lots on 18.21 acres of land for Ventana Subdivision No. 3. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 3.84 dwelling units per acre and the net density is 4.83 dwelling units per acre. Ventana No. 3 Subdivision is located east of N. Meridian Road and approximately % of a mile north of McMillan Road in the SW '/a of T. 4N., R.1 E., Section 30. This property has not been previously platted. A Conditional Use Permit/Planned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 6,388 s.f.), lot frontage (from 65' to 40' on "standard" lots & on cul-de-sac lots from 40' to 35', measured at chord length), and to exceed the maximum block length allowed of 1,000-ft. to 1,760-ft. The Meridian City Council approved the preliminary plat for Ventana Subdivision on January 25, 2005 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Ventana Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP-04-026), conditional use permit (CUP-04-028) and annexation (AZ-04-019). 2. The applicant's application has indicated that the pressurized irrigation system in this development is to be owned and operated by Settlers Irrigation District therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer 3 ~r L :~ ~~~a tW 4,~ ~,~ - ;" Exhibit "A" FP-06-055 Ventana Subdivision No. 3 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DE~RTMENTS STAFF REPORT 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. 4. Prior to signature on the plat, submit a sewer easement using the City of Meridian's standard forms for the sewer being installed in Lot 27, Block 13. Graphically depict this easement on the plat and reference recordation number. No trees shall be allowed within this easement. 5. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines where a pressurized irrigation main is being installed. The following lot lines need the extra easement dedicated according to the submitted construction plans, these may change due to redline comments. a.) East boundary of Lots 11, and 16, Block 8. b.) East boundary of Lot 35, Block 13. 6. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement in the following locations (they are interior lot lines to existing phases): a.) North boundary of Lot 47, and east boundary of Lot 18, Block 13. b.) North boundary of Lots 2, and 30, Block 8. c.) Northwest boundary of Lot 17, Block 7. d.) East boundary of Lot 30, Block 5. 7. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of--way shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Revise or add the following plat notes on the face of the plat prepared by Idaho Survey Group, and dated 11/28/06: 13.) Revise to read, "Direct lot or parcel access to N. Meridian Road is prohibited." Exhibit "A" FP-06-055 Ventana Subdivision No. 3 FP.doc PAGE 2 CITY OF MERIDIAN~LANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. The landscape plan, prepared by The Land Group, and dated 11/22/06 is approved as submitted. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 14. Complete the Certificate of Owners, including the book and page numbers, and accompanying acknowledgement. 15. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. Exhibit "A" FP-06-055 Ventana Subdivision No. 3 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DE• TMENTS STAFF REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Ventana Subdivision No. 3 (F'P-06-OSS7 with the above stated conditions. Exhibit "A" FP-06-055 Ventana. Subdivision No. 3 FP.doc PAGE 4 • NG/INFER/NG plarrung and engrneenng comrounibes lar the future t1LUllIDNS1LP January 15, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Ventana Subdivision No. 3 File No. FP-06-055 Dear Mayor and Council: • 1026 N. Rosario Street, Suite 1O{) Meridian, If) 8642 Phone: (208) 9.,8-0980 fax: (208) 9,8-0941 E-mail: es-beckynt~ll~(;N't'St.nl`l We have reviewed the recommendations for the City Council meeting ofJanuary 16, 2007, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The application is in error; the pressurized irrigation system will be owned and maintained by the Ventana Homeowners' Association, 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. S. There are no multi-use pathways in this phase of the subdivision. We respectfully request that this condition be deleted from the requirements. 9. The applicant will comply. 10. The applicant will comply. l 1. The applicant will comply. 12. It is noted that the landscape plan is approved as submitted. C:1Ducunnnts and Settines\vigilk\L(xal Settings~C~mporan• Intemct Piles\ULkC'I~111ecsResponse (4).duc Exhibit "n" • • Mayor and City Council January 15.2UU7 Page 2 13. The applicant will comply. ] 4. The applicant will comply. I5. The applicant will comply. 16. Noted. STANDARD CONDITIONS l . The applicant will comply. 2. The applicant wi11 comply. 3. •Tlte applicant will comply. 4. The applicant will comply. 5. The applicant ~vi11 comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant gill comply. i2. The applicant will comply. We appreciate staffs review of our project. We respectfully request approval of the applicaticm for final plat. Thank you. Sincerely. Engineering Solutions, LLP Becky McKay, Partner Proje(:t Manager BM:ss cc: Ventana, LLC (':\Documcnts and 5rltings\~ igilk\Local Settings\'1'emporap• Internet filesK)LkCIilRecsltcspon.u (-1).d~w E~hibrt "It° January 12, 2007 AZ 06-031 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT James L. Jewett ITEM NO. 10 REQUEST Annexation and Zoning of 290.87 acres from RUT to an R-8, R-4, TN-R TN-C, & R-2 & L-O for South Ridge Subdivision -south side of Overland Road between Linder Road and Ten Mile Road: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P8Z Item Packet /Minutes See atMched Recommendations See attached Affidavit of Posting /Revised Legai Description Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. January 12, 2007 PP 06-031 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT James L. Jewett ITEM NO. 11 REQUEST Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial/other lots & 8 Mega lots(to be developed in the near future)8~16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-0, R-8, R-4 8 R-2 zones for South Ridge Sub-south side of Overland Rd between Linder f AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P8~Z Item Packet /Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT ITEM NO. ~ Z REQUEST Proposed Fees for Mayor's State of the City Address to offset costs for the event AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See affached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • January 12, 2007 MERIDIAN CITY COUNCIL MEETING January 16, 2007 APPLICANT ITEM NO. ~ S REQUEST Resolution No. :Adopting Fees for the Mayor's State of the City Address: 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: S®e Altathed Resolution ~a~ ~1~ OTHER: Contacted: Date: Phone: Emaited: Staff Initialr. Materials presented at public meatinps shall become properly of the City of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. ~ 7 ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION APPROVING AND ADOPTING SPONSORSHIP AND ATTENDANCE FEES FOR THE MAYOR'S 2007 STATE OF THE CITY ADDRESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in compliance with Idaho Code 63-1311A, the City of Meridian has advertised a public hearing on the proposed sponsorship and attendance fees for the Mayor's 2007 State of the City Address; and, WHEREAS, on January 16, 2007, the City Council of the City of Meridian held a hearing on the proposed sponsorship and attendance fees to offset the costs of the event, attached as Exhibit A; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said sponsorship and attendance fees for the Mayor's 2007 State of the City Address, attached as Exhibit A; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the sponsorship and attendance fees for the Mayor's 2007 State of the City Address to offset the costs of the event, attached as Exhibit A, are hereby adopted. Section 2. That this Resolution shall be in full force and effect on the ~~ ~ day of ~ rGris-i~z.~ y , 2007. / ~ ADOPTED by the City Council of the City of Meridian, Idaho, this `.~ -day of ~TGL `l ~1-Q,~- y , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this le~ ~ da of y ~ Ct, ~L Gc-Gyt- ~iJ , 2007. A `°°`~~ , ~~9~1 1 I I i "0 GG ~. O® _~~~~ de WEERD WILLIAM G. BERG, JR `~ ~~. ~~ n SPONSORSHII' & AT°TENDANCE~9 "'~VI~`~ ~SOy~,STATE OF THE CTi'Y ADDRESS ~~"~i~o °~ ~ ~~t~,,°°°° Page 1 of 1 '/r!/!/ilVill 11911~~~~~e • r EXHIBIT A 2007 State of the City Address and Taste of Meridian Reception Meridian: A Masterpiece in the Making Thursday, February 22 ~ 4:00 pm '~ Meridian Middle School Individual Admission: $10 per person (open seating) Block of 10 Reserved Seats: $90 Sponsorship Opportunities FEATURE SPONSOR Only One Sponsor Each: RECEPTION SPONSOR ~~. ~~u TITLE SPONSOR Invitation ~ Printing ~~ ? Program Sponsor Taste of Meridian ` Musical Entertainment Restaurant Showcase Art, Photo & Cultural Displays Education Displays City Department Displays $2,000 $1,000 $250 SPONSOR BENEFITS Exclusive "Presented by" Yes - Status Stage Seating for 2 Yes - - Display Table at Yes ` Reception Recognition in Event Marketing Materials Logo /Banner Logo /Show Cards Name Recognition in Annual Report Logo Logo Name Recognition in City Newsletter ~ Web Logo Logo Name Site Recognition at the Yes Yes Yes Event Complimentary 4 2 ` Tickets • • January 12, 2()07 AZ 06-049 MERIDIAN CITY COUNCIL MEETING January 16, 2007 _ APPLICANT Greenspur Investments, LtC ITEM NO. 14 REQUEST Ordinance -Annexation and Zoning of 13.25 acres from RUT to an R-8 Zone for Larkspur South Subdhrision -230 !~ 240 Edmonds Court AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTQRNEY CITY POLICE DEFT: 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: NAMFA MERIDIAN lRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: coMMENTs See Attached Ordinance ~v~~ 0~~ Contacted: Date ~ ~ O Phon®: /- ~D~l ~ Emailed: G~ Q,~- ~ ~ - ,~ ~ toff Initials: - ..._~ Mated presented at pubec meetings shall become property of the City of Meddkm. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 € BOISE IDAHO 01125107 01:48 PM RECORDEDe REQUEST OF II I I' 11'1'1'1'1 I I II' II' I'I I' II I I'I'll City of Meridian i X79111 ~~ CITY OF MERIDIAN ORDINANCE NO. ~ ~~ ~ 2 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-049 LARKSPUR SOUTH SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOTS 5 AND 6 IN EDMONDS SUBDIVISION, BOOK 33, PAGE 2050, ADA COUNTY PLAT RECORDS, WITHIN THE NW 1/a OF THE SW 1/a OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT') IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: GYeenspuY Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-049 LARKSPUR SOUTH SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day off ~~~ yj' , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~~~~~ r°''~ , 2007. ~~ f~ MAYOR de WEERD ANNEXATION OF AZ-06-049 LARKSPUR SOUTH SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss. County of Ada ) :lam \1,1tV111Bt1~r / _ ~J' / `'+~ ~~ _~ `t ~'.Cik., ,4 t..~ - "~ e; _ `~` ~~`° ~®~~~,r ;tea F~~..~~~r a ,• `,Q .,.. ~~~liP{P4iEf8tSCY~ On this S l.~ day of T 1'll! (1_n_~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIMY 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. ®~®e.®®~ (SE mm-~~ ®® ® ° ® < R ' ® g ~~g~ ~ ~ °e ® ®~1~ ~ ~ 6 a 1 ~ 0 ® a g g ® 6® ® ` • ®~® _ e®® ®®®® ®® ~~ ®®® ~~ ~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Q~L(.~~s~, rp MY COMMISSION EXPIRES: i 'Sy !-( i ANNEXATION OF AZ-06-049 LARKSPUR SOUTH SUBDIVISION Page 3 of 3 A. Legal Description pn, ei t m mn 4 7 I t i j?(j j!~I( t°16~7L~[.'~ RL~C7t1 t.~G ANlUEJtATION AND REZONE pE~CRlPTION Ft'~R LARKSPUR SUBDMSIC7N No. 3 Job No. 236160 September '14, 2046 Lots 5 and 6 in IWdmonds Subdivision. 8®ok 33, Page 2050, Ada Counb,/ Plat Records, within the NW11'~Sb"1+114 of Section 19, T3N. R~ E, B.M., City ofi Meridian, Ada Coamty, ldaho• descnbed by metes and bounds as foiloan+s: C©MMENCING at the West 114 Corner of said Section 19, marked by an Aluminum Cap Monument as per comer perpetuation ceeord Insi: Na. $149706; thence, along the West Line of said Section 19, South Ofl°66'09° West, '1330.58 feet, to the Southwest Comer of sold NW1i4SW1/4 {South 1116 Comer), also being the Southwest Comer of said Edmonds Subdivision; thence, along the South Line of said Edmonds Subdivision, South 89°56'43" East, 641.49 fast, to the Southwest Comer of said Lot 6 thereof, and the POINT OF BEGINNING;. thence along the Wsst Line of said Lot 5, North 00°(72'21'°East, 31'7:73 feet, to a point on the southecty right-of-way of Edmonds Court; thence along anon-tangent 45,00 foot radius curve to the right, an arc length of 36.25 feet, through a central angle of 46°08'55''; and having a chord which bears North 66°53"11°West, 35:27 feet. and a 20:00 foot radius reversing ourve to-the left; thence along. said curve and right-of-way, an arc lerygih of 16.12 feet, through a central angle of 46°11`13", having a chord which bears North 66°54'20°West, ,5.6$ fast; thence continuing along said right-af-way,. North 89mv9'~6"West, 254.33 feet; thence North 00°30'15"East, 50.00 f>::et, to the southwesterly comer of said Lat 5; thence along the West Line therc;af, being coincident with the East Linn of Volman Subdivision, as per the Piat thereof, in Book 53, at Page 4652, Ada County Plat Records, North OU°54'rJ2"East, 304,'19 fast; thence ~ntinuing along said common line, North 01"07'08" East, 167.80 fseL to the Northwest Gamer of said Lot 5; thence along the North Line thereof. South 89°57'16"East, 789.20 feet, to the Northeast Corner of said Lot 5; thence along tha East Lines of said Lots 5 and 6 of Edmonds Subdivision, coincident with the boundary of The Meridian Greens Unit No. 3, as lase the Plat thereof,.in Book 33, at Pages 6402 through 6405, Ada Gounty Ptat Reccards, South 00°45'52" West, 858.82 fast, to the Southeast Comer of said Edrnrands Subdivision, martced by a 518 inch rebar, with a plastic cap marked ° PLS 4431"; thence along the South Line of said Edrrsonds Subdivision, South 89°sT57" West, 485-25 feet, to the pOIHT OF BEGINNING. r3oV ~~~~~ ~v Containing 13.25 acres, more or less. ~~ . F':S:~FcoE'Lori:sou"do3'~xairmg5'~+mrye;:~'sttslrits+b61[+[r~4.4'\`F?:~L1E+C.1`- '•'°~V`.3~u~r1~~G - ~ ~3il~l IT ~ ~ a~rmra~a ~~ ~~~~~~,~¢ ~~~~~~ a Yt 1 ~~~ lsW~~S .~ 1Jl~+1Pd~J~! SAP t; ~r!7:,~s~~ ~~FfL.iG ~ !',V~+ Ad S~ 4 / . ,~e~r,KS C}_r~T. ~~& ~ fh~5T. Nd~. i rF. ~,, ~ i,~97Gb ~ ~ ~ ~ ~,, ~ ~ ,~ ~ ~ ~ 5~ 1~~."e ~Lt i4f Qh~{L'J J~~~~ J~~Gi~t~ l} ~ . I ~ ~ ~ ~ ~ ~ i I'~' ' ~ 5 ~,. 'r5'` ~ * , w"' , ~ i ~ t s ~r Y~ 5 ~ It \y 45 § ,~ ~ .~ ~ ~ ~`1 ~ -~ N 4 . 1 m . OCJ ® ~ ~` ' ' ~ ~ i S ' 1, r ( 1 i , ^ry ~ 1 ` `~ v} i.. --__-_--- N69'S~J S6 W es - i~ 3 X4 c,~ ,,~-ry-, o C;; I ~ ~~~ v ~ ~ ~_ 1~ i ~ O R ~ g ~' +~ i ~ ~ PRINT 0~ ~EG~PJNNdG ~ ~ 89"~~a'43" ~ f 41.49° S ~9'57'~7'" W 48~.2~i' ,~flf3..~/'~" Rc'~iR CUkVE RAENUS A~tC LENGTH c~i4R0 L£~7Glgl CHf1Kt4 ~EPJ~tdG pfLTA AN{~.E ' ° r ~ ~. ~.~~ ~s:x~' N 6653'19 w ~ . ~ aa.r3a 1,.12 ~s.69' N sB~20 w 4&'9113 U19E r81:ARCNG ©iBTAht~E r L1 ~ 33'OGr06' E L tH.1^~' NT5 PRO~'CGT: ` Q:~,c~1FR,~GfS.~LQFE:R: L!~~ GR~E~iSP*JR ~ - J ~ ~ t~REVRCL¢YfARS~b~. r?as~'i Bti1y 1~£6_~ S~I~i~!~1 L,~,R#~'.SPWLR ~I:~LJ! . ` ~I ~ y ~~~ ,, ' ncatit~A.- p32'J+~E:CT~ ~:J. ~ y I ~ ' t~, ~ ' k F~~1~9t QFi'b~D _ '° E~G!V ~ EXFIHI T €aUS~~SS~zssr+~r ,~~'~~.~ cam sns~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-90~A CITY OF MERIDIAN ORDINANCE N0.07- /' PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being Lots 5 and 6 in Edmonds Subdivision, Book 33, Page 2050, Ada County Plat Records, within the NW lh of the SW 1/a of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 13.25 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 3 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the v- day of .~T~(,ytl~t.~t ~J , 2007. Mayor and City Council f the City of Meridian By: William G. Berg, Jr., Cite Clerk First Reading: l'-~Y/ `~ 7 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ ~ NO Second Reading: ~- Third Reading: `-' STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- l Z~ ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- /2 g S of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this l6 ~ day of G~~^~~ , 2007. f,~.~Q ~. .,~ William. L.M. Nary, City Atto y ORDINANCE SUMMARY - A~06-049 LARKSPUR SOUTH SUBDIVISION Page 1 of 1 January 12, 2007 AZ Ob-044 MERIDIAN CITY COUNCIL MEETING January 1 b, 2007 APPLICANT Dan Wood REM NO. 15 REQUEST Ordinance -Annexation and Zoning of 19 acres from RUT to an R-4 zone for Wh[tebark Subdivision - 2135 East Amity Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY 13UILDING 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 wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Emailed: AAaterials preserried at See Altadted Ordinatnae ~v~~ D~~ _ Date: -=,F~~` Phone: cra-e~~5 .cd~. Staff Initials: u-~ meetlnps shall become praperh of fhe CHy of AAeridlan. ADA COUNTY RECORD` 'DAVID NAVARRD AMDUNT .00 BOISE IDAHQ 01121i/0 ,,,:48 PM DEPUTY Patti Thompson III IIIIII'III~II'II'~I'I'llllllll I'II RECORDED-REQUEST OF Ciiy of Meridian 1 ~~~ 111 ~~ CITY OF MERIDIAN ORDINANCE NO. ~ ! ° < 2 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-044 WHITEBARK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE EAST %Z OF THE NORTHEAST 1/ OF THE NORTHWEST % OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, A5 REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Cindy K. Lewis Ti°ust. SECTION Z. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. ANNEXATION OF AZ-06-044 WHITEBARK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote ofone-half (1/2) plus one (1) of the Members of the full Council, the ntle requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~.f/J'V~ 2007. MAYOR de WEERD ANNEXATION OF AZ-06-044 WHITEBARK SUBDIVISION Page 2 of 3 ATTEST: ~~> ~ ~ ,f` ~. ~~, ;~- ~~-. a - ~:: ~ ~, WILLIAM G. BERG, ., CITY (~, ~~~" ~ -~ ~~~~ ®~ ~ ~~~ ~ ~~ ~~ l~v ~®B®~,~f®111!!!!1 a894~10~~~;y@`. STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of~ 0'1001 ,before me, the undersigned, a Notary Public in and for said S~ te, 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. ~~ ~ n Q NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ ~L 1 I p] MY COMMISSION EXPIRES: IU-1 I-~ 0 ANNEXATION OF AZ-06-044 WHITEBARK SUBDIVISION Page 3 of 3 l'; ~}ff} f; off; ~ ~~ ~~~a~a ~~ I.,ewis Annexation Description 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (Z08) 846-8570 Fax (208) 884-5399 May 1, 2006 A portion of the East 1/2 of the NE 1/4 of the NW 1/4 of Section 32, T.3N., R_ lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 29, 30, 31, and 32 of T.3N., R.lE., B.M.; Thence South 89°43'50" East, 1322.60 feet to the West 1/16 corner common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING. Thence continuing along the North boundary of said Section 32 South 89°43'50" East, 500.72 feet; Thence South 00°18'40" West, 356.50 feet; Thence South 89°43'50" East, 160.50 feet to a point on the North-South mid- section line of said Section 32; Thence South 00°18'40" West, 980.66 feet to the C-N 1/16 corner; Thence North 89°45'14" West, 661.99 feet to a 3/4" iron pin set in a concrete filled 6"x5' iron post; Thence North 00°20'39" East, 1337.43 feet to the Point of Beginning. Containing 19.0 acres, more or less. Prepared By: Idaho Survey Group, P.C. .~.~ ;~ ~ e~ ,~~ ~ ~ L'7 SCANNED TO COnAPUTER BILE COPIED TO PROJECT FILE `~ ~ 3~G g L~ COPIED TO• r{ ~j `~~~~ p~ ~' REV~W ~~k~ ,~.;, D• Terry Peugh, PLS [VitrilCilAiV PUFrLIC ~1(ORl45 DEPT. ~~~ U v Zi ~ ^~ o ~~ ^ , ai Z ~ ~ ~ ~ ~~ _ ~ ~ ~ ~ as ._ z as ~ ~ eQ p ~ ~~ 41~i W S00°18'40"W W O O) N N ao o u~ ~~ ~~ ~~ N N J X LL 0 ~~ z ~~ W J O Ur O r ~----------_~Oj~_ w 500'18'40"W i ~ o ~ ~° _~~5_Q'~ ~ o ~ ~ ~ i ~. i ~ I w w , `J I r~ N ~ F- Z i - ~ ~ Z- i~ .I Z O ~Z I~ coo ~~ ~ i ~ _IW ~Z I Wm I i ~ ~ ~O i i w ------- --- _~ ~ ~ N00'20'39"E ~' ~ ~ 1337.43' 00 ~ Z ~' o (n i (/j ~ w a v V Z z Z a z W W z W /~ v r7 I t~ ~ N~ ~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-9010 CITY OF MERIDIAN ORDINANCE N0.07- ~ YS ' PROVIDING FOR ANNEXATION AND ZONING ORD ANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the East lh of the Northeast'/a of the Northwest 1/a of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 19 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall becQ,me. effective on the ~ day of 2007. , ,,,' . ` c. ` ® 'Cm fir. ;~=.s'~sti' f "'b, {~, ® ,~~`~ .J Mayor and City Council of e rty o~Me dian.z. _ _ By: William G. Berg, Jr., City Clerk . sv a~_.__v,_~ j ~~- ,~, ~ - First Reading: ~~1~ `"®~ ~ "fir sf~e~~ ' y suspension of the Rule as allowed pursuant to Idaho Code ~- ~ ~ ~ NO Second Reading: - sO°eg dad a~~~4 ii9 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~ ~g The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- l~ ~ ~' of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this l~ day of ~~aiz. , 2007. ~,.~.Q. l . . J William. L.M. Nary, City Attorn y ORDINANCE SUMMARY - AZ-06-044 WHITEBARK SUBDIVISION Page 1 of 1