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HomeMy WebLinkAbout2007-03-13• e ~- t-"~ i~ ~~~ ~' CITY OF !11 ~ li * ~ d~ ~. %'l~l~Y1G~IG~'1? ~~, IDAHO ~0 ~y e~, ~~ ~ Txe,.su~ V N~~ 9983 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 13, 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 ~C_ Charlie Rountree X, Joe Borton Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: Jared Watts and Franklin Watts 3. Community Invocation by Pastor Shawn Ragan with the Church of God Seventh Day: ~.ese,,,teoC,. 4. Adoption of the Agenda: ~~jN'ov~e, 5. Consent Agenda: A. Approve Minutes of January 23, 2007 Pre-Council Meeting: ~p~, r,~v~e B. Approve Minutes of February 6, 2007 Pre-Council Meeting: app ~"~~'~ C. Approve Minutes of February 13, 2007 Pre-Council Meeting: ~~~ root D. Approve Minutes of February 13, 2007 City Council Regular Meeting: 2~~v~C E. Approve New Beer and Liquor Licenses for Todd Asin dba Sa Wad Dee Thai Restaurant at 1890 E. Fairview Avenue: G~ j~rbv„~ F. Approve New Beer and Liquor Licenses for Shirds, Inc. dba The Courtyards at the Marione Cafe Indigo at 1789 S. Eagle Road: cv~~~-,-ov~~ Meridian City Council Meeting Agenda -March 13, 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. • • G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: t~j~r~ H. Findings of Fact and Conclusions of Law and Order for Approval PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common /other lots on 5.3 acres in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: G~j~/~r,~v~c.. I. Findings of Fact and Conclusions of Law and Order for Approval CUP 06-030 Request for a Conditional Use Permit approval for amulti-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: a~o~ wc. J. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an O-T zone for Valley Shepherd Church of the Nazarene Pro a by Paradigm Real Estate Holding - 39 W. Pine Avenue: ~j~~r~v~L K. Prepare Findings of Fact and Conclusions of Law and Order for Approval RZ 06-014 Request for a Rezone of 15.58 acres from an R-4 zone to an O-T zone for Joint School District No. 2 by Joint School District No. 2 - 911 N. Meridian Road: C/~~nv~~ L. SHP 07-001 Request for Short Plat Approval for 21 condominium units in 7 buildings in an R-8 zone for Spring Creek Condominium Short Plat by Douglas Clegg - 175 E. Calderwood Drive: 2P~~,•-®v~c~ M. Approve Change Order No. 1 with BRS Architects for New Water Division Building (Design) for $8,206.47: a~~v~ N. Approve Memorandum of Understanding for Sevov Antiques by Paul Sevoian, Fairview Terrace and City of Meridian: 4,~~„0~ O. Approve Task Order with DC Engineering Services, P.C., for Wastewater Treatment Plant Sludge Blanket Monitor Installation for $4650.00: cv~~y., v~cr Meridian City Council Meeting Agenda -March 13, 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. • P. Approve Permanent and Temporary Easement Contract for Trot/ A. and Dana J. Manning for Bitter Creek Lift Station and Pipelines: G/~jrro ~~ Q. Approve Permanent and Temporary Easement Contract for Wirt Edmonds for Bitter Creek Lift Station and Pipelines: si~rrv~ R. Approve Permanent and Temporary Easement Contract for Warren Waite for Bitter Creek Lift Station and Pipelines: ~j~j'j'~~ S. Approve Permanent and Temporary Easement Contract for Frank A. and Erma E. Smartt Trust for Bitter Creek Lift Station and Pipelines: ~~j~/'o ~ T. Approve Task Order for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500.00: a~~ro~ U. Award Bid /Approve Contract with Senske Lawn and Tree Care Company for a three year contract with amounts for 2007 of $34,646, for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00 for Landscape Maintenance Services : ~~nowc- 6. Department Reports: n.vr.e 7. Items Moved from Consent Agenda: ~~~ 8. FP 07-004: Request for Final Plat approval for 10single-family residential building lots and 11 common lots on 5.22 acres in an R-8 zone for Paramount Subdivision No.15 by Paramount Development, Inc -West of Meridian Road and North of McMillan Road: ~~°v~. 9. Continued Public Hearing from March 6, 2007 for Written Testimony: Proposed Fireworks Ordinance: CIoS-e /~/~c- 10. Ordinance No. ~ 7® ~ O l :New Fireworks Ordinance - 1st Reading: `.~~ ~~ ~,~~~ ~~ y 11. Continued Public Hearing from February 27, 2007: AZ 06-046 Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: 12. Continued Public Hearing from February 27, 2007: PP 06-048 Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Meridian City Council Meeting Agenda -March 13, 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. i ~ Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: ~ne~w..c ~l~ f G~.,P ~a~1'"'~~-2, 13. Public Hearing: VAC 07-004 Request for Vacation of the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No. 3 by Toothman-Orton Engineering - 2971 E. Copper Point Drive: ,Lys 14. Public Hearing: AZ 06-064 Request for Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: ~~~ .~/~l c%~~c~~~rtiZ 15. Public Hearing: PP 06-065 Request for Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the proposed R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: ~~~,r,~.c ~1~,/ %! ~ a~-~,,,.~, ~ 16. Public Hearing: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: 17. Public Hearing: MI 07-004 Request for a Miscellaneous application for a third amendment modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Develoament Agreement Modification by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: ~,~y~,-,,,.~ 18. Public Hearing: PP 06-058 Request for Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Jayker Subdivision by Treehaven, LLC -north of Chinden Boulevard and west of Ten Mile Road: 19. Public Hearing: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 8~ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: C,n.rf~y,,~ ~~~ ~,, 3- Zo _~ 7 20. Ordinance No. ~ ? l30 Z AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: G~~/wv~e. Meridian City Council Meeting Agenda -March 13, 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. • • i ~ ~2 Vie. ~ I oft ~u,~ ' l~v~~ r/a`~ I~v~,-c~ -- l h~ k s, y ,,. CITY OF ~ ~''4` - ~.~, ~Y1G~IG~',YI IDAHO I T 1F ce ~~ ~TRFwci,n~vn~" ,1g6~'d Tuesday, March 13, 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 Charlie Rountree CITY COUNCIL REGULAR MEETING AGENDA Joe Borton Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: Jared Watts and Franklin Watts 3. Community Invocation by Pastor Shawn Ragan with the Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 23, 2007 Pre-Council Meeting: B. Approve Minutes of February 6, 2007 Pre-Council Meeting: C. Approve Minutes of February 13, 2007 Pre-Council Meeting: D. Approve Minutes of February 13, 2007 City Council Regular Meeting: E. Approve New Beer and Liquor Licenses for Todd Asin dba Sa Wad Dee Thai Restaurant at 1890 E. Fairview Avenue: F. Approve New Beer and Liquor Licenses for Shirds, Inc. dba The Courtyards at the Mariotte Cafe Indiao at 1789 S. Eagle Road: Meridian City Council Meeting Agenda -March 13, 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. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho L J ~J G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: H. Findings of Fact and Conclusions of Law and Order for Approval PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common /other lots on 5.3 acres in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: I. Findings of Fact and Conclusions of Law and Order for Approval CUP 06-030 Request for a Conditional Use Permit approval for amulti-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: J. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an O-T zone for Valley Shepherd Church of the Nazarene Pro a by Paradigm Real Estate Holding - 39 W. Pine Avenue: K. Prepare Findings of Fact and Conclusions of Law and Order for Approval RZ 06-014 Request for a Rezone of 15.58 acres from an R-4 zone to an O-T zone for Joint School District No. 2 by Joint School District No. 2 - 911 N. Meridian Road: L. SHP 07-001 Request for Short Plat Approval for 21 condominium units in 7 buildings in an R-8 zone for _Spring Creek Condominium Short Plat by Douglas Clegg -175 E. Calderwood Drive: M. Approve Change Order No. 1 with BRS Architects for New Water Division Building (Design) for $8,206.47: N. Approve Memorandum of Understanding for Sevoy Antiques by Paul Sevoian, Fairview Terrace and City of Meridian: O. Approve Task Order with DC Engineering Services, P.C., for Wastewater Treatment Plant Sludge Blanket Monitor Installation for $4650.00: Meridian City Council Meeting Agenda -March 13, 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. • P. Approve Permanent and Temporary Easement Contract for Troy A. and Dana J. Mannino for Bitter Creek Lift Station and Pipelines: Q. Approve Permanent and Temporary Easement Contract for Wirt Edmonds for Bitter Creek Lift Station and Pipelines: R. Approve Permanent and Temporary Easement Contract for Warren Waite for Bitter Creek Lift Station and Pipelines: S. Approve Permanent and Temporary Easement Contract for Frank A. and Enma E. Smartt Trust for Bitter Creek Lift Station and Pipelines: T. Approve Task Order for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500.00: U. Award Bid /Approve Contract with Senske Lawn and Tree Care Company for a three year contract with amounts for 2007 of $34,646, for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00 for Landscape Maintenance Services 6. Department Reports: 7. Items Moved from Consent Agenda: 8. FP 07-004: Request for Final Plat approval for 10 single-family residential building lots and 11 common lots on 5.22 acres in an R-8 zone for Paramount Subdivision No.15 by Paramount Development, Inc -West of Meridian Road and North of McMillan Road: 9. 10. Continued Public Hearing from March 6, 2007 for Written Testimony: Proposed Fireworks Ordinance: Ordinance No. 1st Reading: New Fireworks Ordinance - 11. Continued Public Hearing from February 27, 2007: AZ 06-046 Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: 12. Continued Public Hearing from February 27, 2007: PP 06-048 Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Meridian City Council Meeting Agenda -March 13, 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 andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: 13. Public Hearing: VAC 07-004 Request for Vacation of the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No. 3 by Toothman-Orton Engineering - 2971 E. Copper Point Drive: 14. Public Hearing: AZ 06-064 Request for Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: 15. Public Hearing: PP 06-065 Request for Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the proposed R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: 16. Public Hearing: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: 17. Public Hearing: MI 07-004 Request for a Miscellaneous application for a third amendment modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Develoument Aareement Modification by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: 18. Public Hearing: PP 06-058 Request for Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Jayker Subdivision by Treehaven, LLC -north of Chinden Boulevard and west of Ten Mile Road: 19. Public Hearing: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for SAarrowhawk Subdivision Nos. 1 & 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: 20. Ordinance No. AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: Meridian City Council Meeting Agenda -March 13, 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. ~ Broadcast Report Date/Time 03-09-2007 06:23:18 p.m. Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Loco! ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " Q ~a.~Se. Post faY' `! u,~ tit f/v-h'ee -- %hayt kS ~ °`"'°" CITY COUNCIL REGULAR t%7l~1td7l ' ~ MEETING AGENDA cnv+o ~ City CourrrJl Chambers 33 East Idaho Avsnu®, liseridlan. fdaho Tuesday, Nlsrch !3, 2007 at 7:00 pm. "Although the City of Merfdian no longer nryulres sworn tesflmany, all presentatfons ,Mars the Mayer anal City Council are expecte0 to be truthful and !ta-est to best of the abr7fty of the pre~~er." 1. Roll-call Anendanoa: David Z.arsmba Joe 8orton Charlie Rountree Keith t31ni ~_ Mayor Tammy de Weerd 2. Pledge of Alklgianee; Jar$d Watts and Franklin Watts 3. Community invocation by Pastor Shawn Ragan with the Church at t3od S®venth Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 23, 2007 Frye-Council Meeting: B. Approve Minutes of February 6.2007 Pre-Counci! Meeting: C. Approve Minutes of February 13, ~O7 Pn~-Courldi Meeting: D. Approve Minutes of February 13, 2007 City Councii Reyyu(ar 9: . E. Approve N+;,vv tae®r and Liquor Ltcenaes for Todd Asin dba S~+ Wad Des Thai Restaurant at 7890 E, Fairview Aveeue: F. Approve New t3aar and Liquor Licenses for Shlyda, inc. dba The Courtyards at file Marione Cafe !nd at 1788 S. Eagle Roast: Meridian CHy CouncN Msettng Agett~ - Mardt 13. ZU07 Pegs t a14 Aft n+aEertela p a1 puhpc ~h~lf become t+~pe+H oithe qb e1MeHdlan. Arryrorte de~tng aeam~unOn tor418abA~dae refafed to doaumen~ eadbl~ hearing. please caNac4 ~e City CterKe C3Aine ~ 888.4433 st 48 bows prior rA the public meeting. Total Pages Scanned : 4 Total Paaes Confirmed : 76 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 916 3810160 04:19:51 p.m.03-09-2007 00:00:00 014 1 G3 HS FA 002 916 5989551 04:19:51 p.m.03-09-2007 00:01:15 4/4 1 EC HS CP19200 003 916 8848723 04:19:51 p.m.03-09-2007 00:01:41 4/4 1 EC HS CP14400 004 916 8886854 04:19:51 p.m.03-09-2007 00:00:54 4/4 1 EC HS CP31200 005 916 8985501 04:19:51 p.m.03-09-2007 00:01:40 4/4 1 EC HS CP14400 006 915 8467366 04:19:51 p.m.03-09-2007 00:07:00 4/4 1 EC HS CP28800 007 916 8950390 04:19:51 p.m.03-09-2007 00:00:54 414 1 EC HS CP31200 Broadcast Report ~ ~ Date/Tlme 03-09-2007 06:23:27p.m. Transmit Header Text CltyofMeridianldaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode lob Type Results 008 916 208888 2682 04:19:51 p.m.03-09-2007 00:00:54 4/4 1 EC H5 CP33600 009 916 8840745 04:19:51 p.m.03-09-2007 00:01:17 4/4 1 EC HS CP26400 010 916 208 387 6393 04:19:51 p.m.03-09-2007 00:01:40 414 1 EC HS CP14400 011 916 2877909 04:19:51 p,m.03-09-2007 00:01:41 414 1 EC HS CP14400 012 916 2088885052 04:19:51 p.m.03-09-2007 00:00:55 4/4 1 EC HS CP31200 013 916 8886573 04:19:51 p.m.03-09-2007 00:04:41 4/4 1 EC HS CP9600 014 916 8881983 04:19:51 p.m.03-09-2007 00:01:05 414 1 EC HS CP24000 015 916 2083776449 04:19:51 p.m.03-09-2007 00:01:40 414 1 EC HS CP14400 016 916 4679562 04:19:51 p.m.03-09-2007 00:01:00 414 1 EC HS CP26400 017 916 2088886701 04:19:51 p.m.03-09-2007 00:00:54 414 1 EC H5 CP31200 018 916 3886924 04:19:51 p.m.03-09-2007 00:01:07 414 1 Et HS CP24000 019 916 8841159 04:19:51 p.m.03-Q9-2007 00:00:55 414 1 EC HS CP31200 OZO 916 2088840744 04:19:51 p.m.03-09-2007 00:01;07 414 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correll C Will Berg From: Keith Watts Sent: Monday, February 26, 2007 8:18 PM To: Will Berg Subject: Re: 631-6469 I would like to have my boys say the pledge at a Council meeting? Please let me know what I would need to do. Thanks, -----Original Message----- From: Will Berg To: Wesley Bettis, Jr. <wbettis@petrainc.net>; Keith Watts Sent: Mon Feb 26 10:13:29 2007 Subject: I need to get your cell phone numbers for emergency. My cell number is 860-7113. ~3~ ~~ ~~ , V~ ~~~ a c~'` 1 • Meridian City Council Meeting March 13.2007 A meeting of the Meridian City Council was called to order at 7:09 P.M., Tuesday, March 13, 2007, by President Joe Borton. Members Present: Charlie Rountree, Joe Borton, Keith Bird, and David Zaremba. Member Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Gene Trakel, Joe Silva, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd Gorton: Welcome, everybody. We will go ahead and begin the City Council meeting for Tuesday, March 13th. It's a little after 7:00 p.m. We will begin this City Council meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Jared Watts and Franklin Watts Gorton: Thank you. Item No. 2 is the pledge of allegiance. Please join us. Jared and Franklin Watts, please, lead us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan with the Church of God Seventh Day: Gorton: Thank you, Jared and Franklin and as we try and do anytime a youngster comes to welcome city government and participate, we try and provide them handfuls of chocolate. So, please, come forward. When I get a chance to do this I give out chocolate. Thank you, guys, for helping out. We appreciate it. Item No. 3 is our community invocation. We will be led tonight by Pastor Shawn Ragan with the Church of God Seventh-Day. Pastor Ragan. Ragan: Members of the Council, let us pray. Our Heavenly Father, we come before you at this time thankful for all that you do and all that you are. We thank you for your mercy, love and grave. Thank you for your forgiveness and for the life you offer. We thank you for the city and the county we live in, for the peace that we have in Meridian and for all blessings that you have bestowed upon us. I ask you now that you provide Meridian City Council March13, 2007 Page 2 of 49 wisdom to leaders of our community, our Mayor, and our City Council, various city employees for taking part in this meeting. Ask that you would guide them in their decisions, that you would help them make the right decisions for our community and on our behalf. Bless this meeting and provide the insight and discernment needed. Please continue to be with our city, our governmental leaders, our businesses, our churches and schools and our individual citizens. Bless them in their endeavors and help them stay true to your desire and will for them. Be with our police and fire departments, keep them safe and bless them in all that they do for us, in the name of your precious son Jesus Christ we pray, amen. Item 4: Adoption of the Agenda: Borton: Thank you, Pastor Ragan. Appreciate you being here. Item No. 4, adoption of the agenda. Bird: Mr. President? Borton: Mr. Bird. Bird: On the agenda, I believe it or not, we haven't had a single thing ask to be removed, so -- and Item 10, proposed number for that ordinance is 07-1301 and also Item 20 is an ordinance and the proposed number is 07-1302 and with that I move we approve the agenda. Rountree: Second. Borton: It's been moved and seconded to approve the agenda as published. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 23, 2007 Pre-Council Meeting: B. Approve Minutes of February 6, 2007 Pre-Council Meeting: C. Approve Minutes of February 13, 2007 Pre-Council Meeting: D. Approve Minutes of February 13, 2007 City Council Regular Meeting: E. Approve New Beer and Liquor Licenses for Todd Asin dba Sa Wad Dee Thai Restaurant at 1890 E. Fairview Avenue: Meridian City Council March13, 2007 Page 3 of 49 F. Approve New Beer and Liquor Licenses for Shirds, Inc. dba The Courtyards at the Mariotte Cafe Indigo at 1789 S. Eagle Road: G. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-047 Request for Annexation and Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: H. Findings of Fact and Conclusions of Law and Order for Approval PP 06-049 Request for Preliminary Plat approval of 6 multi-family residential building lots consisting of 24 multi-family units, 1 clubhouse building lot and 3 common /other lots on 5.3 acres in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: I. Findings of Fact and Conclusions of Law and Order for Approval CUP 06-030 Request for a Conditional Use Permit approval for amulti-family development in a L-O zone for Waverly Place Subdivision by Vacation Village Villas, LLC - 2510 E. Magic View Court: J. Findings of Fact and Conclusions of Law and Order for Approval: RZ 06-013 Request for a Rezone of .43 acres from an R-8 to an O-T zone for Valley Shepherd Church of the Nazarene Pro a by Paradigm Real Estate Holding - 39 W. Pine Avenue: K. Prepare Findings of Fact and Conclusions of Law and Order for Approval RZ 06-014 Request for a Rezone of 15.58 acres from an R-4 zone to an O-T zone for Joint School District No. 2 by Joint School District No. 2 - 911 N. Meridian Road: L. SHP 07-001 Request for Short Plat Approval for 21 condominium units in 7 buildings in an R-8 zone for Spring Creek Condominium Short Plat by Douglas Clegg -175 E. Calderwood Drive: M. Approve Change Order No. 1 with BRS Architects for New Water Division Building (Design) for $8,206.47: N. Approve Memorandum of Understanding for Sevoy Antiques by Paul Sevoian, Fairview Terrace and City of Meridian: O. Approve Task Order with DC Engineering Services, P.C., for Wastewater Treatment Plant Sludge Blanket Monitor Installation for $4650.00: • Meridian City Council March13, 2007 Page 4 of 49 P. Approve Permanent and Temporary Easement Contract for Troy A. and Dana J. Mannino for Bitter Creek Lift Station and Pipelines: Q. Approve Permanent and Temporary Easement Contract for Wirt Edmonds for Bitter Creek Lift Station and Pipelines: R. Approve Permanent and Temporary Easement Contract for Warren Waite for Bitter Creek Lift Station and Pipelines: S. Approve Permanent and Temporary Easement Contract for Frank A. and Erma E. Smartt Trust for Bitter Creek Lift Station and Pipelines: T. Approve Task Order for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500.00: U. Award Bid /Approve Contract with Senske Lawn and Tree Care Company for a three year contract with amounts for 2007 of $34,646, for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00 for Landscape Maintenance Services: Borton: Thank you. Item No. 5, Consent Agenda. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Zaremba: Second. Borton: It's been moved and second to approve the Consent Agenda as published. Mr. Berg, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: Borton: Thank you. There are no department reports. Item 7: Items Moved from Consent Agenda: Meridian City Council March13, 2007 Page 5 of 49 r~ L Borton: There were no items moved from the Consent Agenda. Item 8: FP 07-004: Request for Final Plat approval for 10single-family residential building lots and 11 common lots on 5.22 acres in an R-8 zone for Paramount Subdivision No. 15 by Paramount Development, Inc. -West of Meridian Road and North of McMillan Road: Borton: Item No. 8, FP 07-004, request for final plat approval for Paramount Subdivision 15. Canning: President Borton, Members of the Council, we have a letter from the applicant stating they are in agreement with the conditions of approval. Borton: Thank you, Anna. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we approve Item No. 8, FP 07-004, final plat for Paramount Subdivision No. 15. Zaremba: Second. Borton: It's been moved and seconded to approve FP 07-004. Any discussion? All those in favor say aye. Any oppose? Thank you. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from March 6, 2007 for Written Testimony: Proposed Fireworks Ordinance: Borton: Item No. 9 is the continued Public Hearing from March 5, 2007, for written testimony concerning the proposed fireworks ordinance. We will begin this continued Public Hearing with comments from legal counsel. Baird: Thank you, Mr. President, Members of the Council. As you indicated, this was continued for receipt of written testimony only. You have taken all of the public testimony last week. So, I think it would be appropriate at this time to have Joe Silva present and let you know what written testimony he did receive and, then, allow you to ask any questions while you still have the Public Hearing open. Borton: Thank you, Mr. Baird. Deputy Chief Silva. Silva: Mr. President, Members of the Council. Before you we'd like to acknowledge the receipt of two letters from T&T, dated March 8th and Outlet Fireworks, which we will • Meridian City Council March13, 2007 Page 6 of 49 testify and comment on those written responses that you got commentary on our proposed ordinance. It's pretty apparent that when we celebrate the Fourth of July here in Meridian, Idaho, and throughout the Treasure Valley, that we have a lot of legal fireworks being used properly and cautiously, but we also have seen a lot of abuse of illegal fireworks being possessed -- purchased and possessed and discharged illegally in the City of Meridian. So, with that what we are going to do is kind of recap what we have done to date and how we got here, just for your consideration in this ordinance this evening. Basically, the root cause is a flaw in our state law that allows for the purchase and possession of illegal fireworks, dangerous fireworks, that -- that are defined as anything that goes -- that shoots above a 15 foot height or 15 foot diameter circle or emits sparks outside of a 20 foot diameter circle or above a height of 20 feet. We encourage every Idahoan and all of Meridian citizens to enjoy a family celebration and to enjoy a family barbecue as part of the celebration of our freedom. However, we don't think that they should do that at the expense of perhaps putting another person's -- another Idahoan's property at risk by careless use of either legal or illegal fireworks. At about one year ago we had in front of Council -- what brought this issue about -- about one year ago we had two Conditional Use Permits, one for a Conditional Use Permit for a tent -- temporary tent to sell fireworks at 1,500 square feet and one at 2,800 square feet. Realizing the problems associated with that, we were directed by Council to work with the other adjacent agencies to see if we couldn't standardize the requirements for fireworks within our fireworks ordinance, paying particular attention to the size of the sales standard tent. And pretty much the other agencies were all over the board with respect to size and we were able to reach consensus at 600 square feet. The fire code as it's adopted in our city and in the future, the next version of the International Fire Code, would still have a concern for any tent over 200 square feet or any canopy over 400 square feet. So, there is still -- you know, those would be things you would want to consider when we -- how it would be potentially affected by the future adoption of any future codes. But you have to consider the fact if we had allowed -- or if Council seated at that time had allowed that 2,800 square foot tent to sell illegal -- or, excuse me, legal fireworks, it would be full of Class C fireworks and you have to envision what a 2,800 square foot house would look like. That would be a pretty good size structure. We have also had tents collapse in high winds that we experience during the month of July while a tent was up and that was one of our other concems about allowing very large tents to be erected and for the sales of fireworks. Included in our proposed ordinance is you have to be age 16 to work within the stand and the reason why we arrived at that is we had one stand operator who was operating a stand that had very small children, including one child in a playpen that really troubled us when we were doing our field inspection and that was one of the concems we -- how we arrived at the age 16 to have a minimum age to work inside of a stand. We also thought that it might be troubling that if we had avery -- a smaller child, say for example a 12 year old working inside a stand, who, in turn, is asking a 16 year old for proof of ID, that might be somewhat intimidating, because, obviously, there is a -- can be a variation in size there and that would be very difficult for that 12 year old to probably accomplish, so we identified that as a potential concern. Included in the ordinance this evening in front of you is also age 16 to purchase the fireworks -- legal fireworks. We have -- we want parents to be responsible for their children and we want those fireworks purchased and used under the --- -J i • Meridian City Council March13, 2007 Page 7 of 49 supervision of a parent. We have also reviewed -- we have also removed the liability cap for any damages that may occur as the result of a fire from the use of fireworks. One of the things that we debated at length was the ability to touch the product. That's included in our current fire code as we have adopted the limited consumer access to any fireworks within a retail sales stand. That's clearly stated in our fire code and we have enforced that and put that -- included that in a provision in the ordinance before you this evening. Our concern is that there is the potential for an accident or intentional ignition of a fuse on one of the fireworks that may be contained in the stand and that that could cause quite a display for fireworks that may not be intended. One of the things before you also was the fact that there may have been some issues raised with respect to being able to touch the product if they are fully encapsulated within a package. The majority of the products -- almost all the products are manufactured overseas and there is no consistency in the packaging or the packaging may be damaged in the course of transport or movement into the fireworks stand, so we could never guarantee that that very dangerous fuse is protected as it should be to prevent any accidental ignitions. Gorton: Deputy Chief Silva? Silva: Yes. Gorton: If I could interrupt you and I apologize for doing so. One of the things that, you know, we wanted to specifically address from the last time -- and, again, this isn't -- we are not going to start from scratch and have an entire public hearing concerning the entire ordinance. One of the issues we had last time -- and the reason for the continuance was there were some specific changes which were made and reflected in that most recent version, which some members of the public hadn't had an opportunity to review at the time of that hearing. With regards to any of those specific changes -- and we have received some public comment and invited that public written comment on those items, is there anything with regards to those that you had discussions since the last hearing that you could provide us information on? Silva: A few of those items would be something that probably legal counsel should address, but with respect to that, I have got two letters in front of us, one -- one was the dustless material in the parking lot and that was a requirement of the UDC. The covered fuse was an issue that I just talked about, because of trouble associated with that fuse being exposed to potential ignition. They didn't want any vehicles parked -- we were requiring the vehicles be separated by at least 25 feet from the stand and that was included in there. That's in our current ordinance and it's, actually, something we built off of in the existing state law. The majority of the issues raised by Bob Brown of T&T was -- the majority of the items I discussed that with our legal counsel Ted Baird and he can respond to that, but one of the things in there was also merchandise not readily accessible to the public and as I stated just previously that we are concerned about the potential ignition of any of those products that have direct consumer access. I had already addressed on the size of the stand at 600 square feet. And we had only allowed one short-term storage container per site and that was something that had been Meridian City Council March13, 2007 Page 8 of 49 included in one of the comments from T&T. And, basically, those are items that were included. Legal counsel should probably address a couple of things that were brought up that were more technical in nature. Borton: Okay. Thank you for that information. And we have received written information from Bob Brown of T&T, Bob Ingersol representing Fat City Fireworks. Mr. Fred Mann, Lee Family Fireworks. Ralph -- is it Chappell? Ralph Chappell. Scott Thompson. Spencer Martin. Wendy Campbell. I think that covers the written comments that we have received and all of us have had an opportunity to review. Mr. Baird, do you have other information? Baird: Mr. President, Members of the Council, there are a few items that have not yet been addressed that were brought up in Mr. Bob Brown's letter dated March 8th and I will go through those. Mr. Silva just went through most of them, but there are a couple of them that are more technical in nature. There is the objection to requiring a Social Security number of the applicant and the city is suggesting that that stay in, because we can't run a background check without it. It's a standard requirement for any kind of a background check that you do need to require a Social Security number. Requiring the tax permit number on the application, they have to have it anyway. It's just a housekeeping measure to know that they have got it. We think it's reasonable to ask for it, so we are suggesting that it stay in. There was a suggestion that Section 5-4-05 sub B, sub 11, allowed the city clerk to require, quote, unquote, other information. The suggestion was that that was too vague. We agree with you. We will take that out. There should be a specific list of the requirements and by adding that in it does leave it open for discretion that is not really necessary to have. So, we will take that part out. Section 5-4-05 subsection C, subsection 2, the term will likely endanger, the statement was made by Mr. Brown that that's not specific enough. That language was taken directly from the state code, so we suggest that we leave that in, since the state code is using it. The permit application currently is set for April 15th. The suggestion was that it be changed to June 10th to be closer to the date when they are hiring their personnel and having the contracts with the organizations to run the booths. The city clerk needs that April 15th deadline to properly process the applications. It's an administrative requirement of the city, so we are suggesting that you leave that April 15th date in. Another use of language, Subsection 5-4-05 sub H, the language that something constitutes an unreasonable -- that's also state code language, so if there is any problem with it, it's also in the state code and we suggest that we remain consistent with the state code language and leave that in. Section 5-4-05L.4, permit may be revoked if used by another person other than who the permit is issued. Mr. Brown's suggesting that language be allowed to permit transfer from one operator to another. Allowing that would sort of do away with the whole purpose of a background check. We have clarified, though, that the people running the booths on behalf of the operator could be interchanged, you know, one charitable organization over another, but the actual person in charge needs to be the person who submits the application and who we perform the background check on. I think Mr. Silva has already talked about the one stand per site. Sign requirements. Those are UDC requirements. I think everything else in Mr. Brown's letter has been addressed. I would stand for questions at this time. • Meridian City Council March13, 2007 Page 9 of 49 Borton: Thank you, Mr. Baird. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I don't really have questions, but I have a couple of comments that I would offer before getting to that stage of the discussion. Borton: Okay. Zaremba: Well, it's obvious that I want to thank the chief and other fire and safety officials that participated in producing the new ordinance. I also want to thank the fireworks distributors who have gone through carefully and given some of their good thoughts. There were a couple of comments made in the letters that aren't actual technical things. One of the comments was made that this ordinance is a much larger ordinance than previous ordinances and that the opinion was given that this is just a step in the direction of eventually prohibiting all fireworks entirely. And while I appreciate that observation, it seems to me that the work that has been done has been done to provide a good compromise between something that lacks public safety, which is the unsafe fireworks, which do seem to be available, a compromise between that and totally banishing fireworks and there is precedent for making total banishments. In one neighborhood -- or in one subject there has been a total ban on celebrating the Fourth of July by shooting guns and firearms into the air. So, there is precedent in defining how people can celebrate. But my observation is that I believe that this is an excellent compromise between what is needed for safety and still allowing people to celebrate the Fourth of July in a safe manner. The second observation is that there was an opinion expressed about this ordinance being presented in Meridian first as the place that it's most likely to pass before it's taken onto the regional jurisdictions and my comment on that is that I would be proud to have Meridian be the leader in all regional activities that need to have support from other entities around it. I have no problem with this one coming to Meridian first. I don't think that's a negative at all. I'm proud that it's here and I hope we are first in many other regional activities in the future. Borton: Thank you, Councilman Zaremba. Rountree: Mr. President? Borton: Mr. Rountree. • Meridian City Council March13, 2007 Page 10 of 49 Rountree: I would move that we close the Public Hearing on Item No. 9, the fireworks ordinance. Bird: Second. Borton: It's been moved and seconded to close the Public Hearing on Item No. 9. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Borton: Thank you. Open for discussion. Rountree: Mr. President, I just have a question for legal counsel in terms of process. I know the next item is the ordinance itself and the first reading. Is that simply a reading, no action? Baird: Mr. President, Council Members, Councilmember Rountree, that's correct. Now that you are on Item No. 9, if you would like to direct any changes to the ordinance, now would be the time to put those on the record. You could proceed with the first reading tonight with the direction to bring back any changes you desire for the second reading. If you take no further action, this will go to first, second, and third reading with up for your passage on the third reading. But once you get to Item 10 it's just a matter of having the reading. Rountree: Thank you. Bird: Mr. President? Borton: Mr. Bird. Bird: Mr. Baird, did you incorporate the ones that you agreed with in Mr. Brown's into the ordinance that we got in front of us? Baird: Mr. Council President, Members of the Council, to be honest with you, I'm not the attorney in our office who has been doing the work on this. We will -- I'd ask that if you agree with those suggested changes that you direct that it be brought back, if it's not already in the one that's in front of you tonight, that they be brought back for the second reading, so that what will be in front of you for the second reading is what you intend to consider for the third reading the following week. Bird: Thank you. Borton: To throw out my two bits of where I am on this particular position and the efforts of the City of Meridian to try and do something to improve the safety of the public and from everything that we have seen take a leadership role in doing so throughout the Treasure Valley, I appreciate the detailed input from the various vendors and members Meridian City Council March13, 2007 Page 11 of 49 of the public, both opposed to certain portions of the ordinance and support of certain portions of the ordinance. It's never an easy process an undertaking of this size. From what I have seen it's kind of a messy, arduous, difficult, lengthy thing, but the end result is intended to provide the best product for the City of Meridian. From what I have seen presented throughout the various public hearings and, again, most recently with lots of written comments provided by members of the public and lots of the vendors who raise some legitimate points, the ordinance as a whole is something that I think is good for Meridian. If there were an area of concern, I think it creates great strength in improving the safety of our citizens. I think it does so in such a good manner, the only area that I wrestled with at this point is the age requirement. The 16 year old age requirement, in light of all of the measures taken to improve the safety of these facilities and the manner in which they are going to be regulated in the city, the age of 16 versus an age of 14 has always been wrestling -- I have always wrestled with. The age of 14 seems appropriate to me. That's on page ten of the ordinance. And having said that, you know, I do have to comment -- and not to belabor the point, but anytime you receive public comment ideally intended to educate and persuade Council, the vast majority of it is helpful and constructive, but in this particular issue I do need to make at least my opinion known that anytime there is a presentation orally or in writing to the Council, doing so in a constructive way and providing facts and logical argument and disagreement is the way to do it, but anytime in this particular issue in going forward that there is an argument that implies that the Council rubber stamps things or doesn't look into it with great detail or it's the lay down easy route to go and it's not an honorable course or it lacks integrity, by doing so you have got one Council member who is absolutely irate with your intention to persuade in that manner. So, those very very few that participate in this process in that manner, you have done an absolute disservice to your intent to try and educate and persuade Council and I hate to see it and anyone in future cases who chooses to go that route only hurts themselves. So, I know that's sort of a side issue, but I was a little upset to see instances of that in this difficult process. So, having said that, I think it's -- I'm mindful of the concerns of the vendors. I would like to see a report from our fire department, public safety perhaps, late summer or this fall, which is going to show some sort of statistics of improved safety and how this has helped our citizens. I think we will be able to have that information, but I think we owe it to our citizens and all of the concerns that were raised to look for that and make sure that this actually does work and we are accountable and if there is problems with it, we come back and fix it as soon as we can. So, I'm comfortable going forward as long as we keep an eye on it. Rountree: Mr. President, your ending comments are my thoughts precisely. This is a potential ordinance, we have not acted on it at this point in time. We recognize that ordinances do get amended once they are in place if issues are created by the ordinance that are unfair either to the public or to a vendor. This isn't an end all. I think it's the first step if we move forward. My concerns about the language of the ordinance in terms of some of the vagaries of the language and some of the subjectivity and some of the criteria have been addressed and I think some of those comments were certainly identified and submitted by the vendors. My concern, as I see an increase every Fourth of July of emergency call outs of both the paramedic and fire department, though there • Meridian City Council March13, 2007 Page 12 of 49 may not be a critical issue, anytime those folks' time is taken and put out on the road, those folks are in danger, the folks that are driving the roads are in danger, and they are taken away from a potential situation where they actually may really be needed someplace else. If we can reduce the call outs on the Fourth of July, I think we have started towards success. So, at this point I'm inclined to be favorable. Bird: Mr. President? Borton: Mr. Bird. Bird: I agree with the previous comments. I'd also like to -- we are not -- this ordinance isn't taking away safe and sane fireworks by any means and we don't want to and coming from the small business climate throughout my life, we don't want to cost anybody their business either. I do agree with the 16 years of age, because most of the jobs you find, if there is any kind of equipment or anything around it -- and to me fireworks is an equipment and it can be dangerous, you're not allowed to have 16 year olds -- under 16 working it. So, I feel that this is a step. I agree with Councilman Rountree that the less call outs we have on that for running down complaints and stuff of the illegal fireworks, while this probably won't take it away, hopefully, it will cut it back a little bit. I can support this as it sits right now and I do appreciate what the vendors, all our safety personnel, have put forward in this and I certainly appreciate it. Borton: Thank you, Councilman Bird. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I would only -- I made some comments earlier, but I would add one more, again, in support of what the other Council members have said, but also there was one very good point that vendors made, I don't think it was in writing, I think it was during verbal public testimony, that in any business where you have competitors, there needs to be a level playing field and I admit that Meridian as being the first one to take the step of making a stronger ordinance than is in the cities surrounding us and the issue that small businesses can have is, okay, I'm going to obey all the rules, but my competitor may not or my customers can go next door and buy what they can't buy here. I'm very sensitive to that. But I do feel somebody has to be the first one to make the step and I guess what I'm going for is that Meridian needs to be very strong in our advocacy to our neighboring cities to make sure that the playing field does end up level for the vendors and that they pass a similar ordinance, so that our local in-city vendors are not punished for us having a good, strong ordinance. Bird: Mr. President? Borton: Mr. Bird. ~~ Meridian City Council March13, 2007 Page 13 of 49 Bird: And that would include county, too. Zaremba: Yes. And county. Both counties and cities. Borton: Okay. Mr. Baird. Baird: Mr. President, I have had a chance to confer with the city clerk and confirm that the version before you does not have the changes that we discussed tonight, so if you concur with the recommendations of Mr. Silva and myself for some minor changes, we'd ask for a motion to that effect, to bring that back for the second reading. We believe that those are changes of the sort that do not require you to change the reading schedule, as long as you go on the record tonight what your desire is to be brought back with the second reading version. Borton: Thank you, Mr. Baird. Council, if there is no further discussion, I would entertain a motion on Item No. 9. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we move forward with the first reading of Ordinance 07-1301 and that we - - before the second reading of next week we get incorporated the comments of our legal staff and Deputy Chief Silva for the second reading. Rountree: I have a question for the maker of the motion. Borton: Second? Rountree: I will second. Borton: Okay. There is a second. Discussion? Rountree: No discussion. A question for the maker of the motion. Is your intent of the first reading by title only? Bird: By title only. I'm song. Yes. Rountree: Okay. Thank you. Borton: Any further discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council March13, 2007 Page 14 of 49 Item 10: Ordinance No. 07-1301 New Fireworks Ordinance - 1st Reading: Borton: Thank you. Item No. 10 is Ordinance No. 07-1301, our new fireworks ordinance. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Mr. President, Members of the Council. Ordinance 07-1301, an ordinance of the City of Meridian repealing Chapter 4 of Title 5 of the Meridian City Code relating to fireworks, providing for a new Chapter 4, Title 5, to be known as the Meridian fireworks ordinance, providing for a short title, definitions, sales, storage, possession, and/or discharge of fireworks, inspections by fire chief, permits for retail sales of non-aerial common fireworks, retail sales of non-aerial common fireworks, storage of non-aerial common fireworks, general provisions, liability of parents or guardians, violations, penalties, permits for public fireworks displays and public fireworks displays. Borton: Thank you, Mr. Berg. Item 11: Continued Public Hearing from February 27, 2007: AZ 06-046 Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: Item 12: Continued Public Hearing from February 27, 2007: PP 06-048 Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: Borton: Items No. 11 and 12 are continued public hearings from February 27th, 2007, on Harcourt Subdivision. We will begin these continued public hearings with staff comments. Canning: Mr. President, Members of the Council, this is a continued Public Hearing on Harcourt. As you will recall, it is located on the south side of Victory Road, approximately a sixth of a mile east of Eagle. The applications include annexation and zoning and preliminary plat. At the previous hearing you heard testimony from the property owners on the southem end of the property, southwest actually, that they'd like to see one lot removed. Council asked the applicant if they could accommodate that. They said that they like would some time to reconfigure the lots, so that they could relocate that lot. They have done that. This is the new preliminary plat. Staff has evaluated the proposal. The applicant is proposing -- they have relocated one of the lots from the southem end up into this block up here between the drainage facility and the micro-path. If we go down to the landscape plan you can see the previous lot configuration here. So, this is where they added the lot and as you see as you get down to the bottom, they have provided information -- these lots are 14,566 square feet, Meridian City Council March13, 2007 Page 15 of 49 14,762 square feet, 14,776 square feet and, then, 10,410 square feet and this is 11,000 square feet. So, these lots are substantially larger than previously. As I mentioned before, staff has revised the staff report accordingly and to our knowledge there are no outstanding issues before Council. We did receive an a-mail just before the hearing and I forgot to look to see if you had gotten a copy of that. Will, did they get a copy? Okay. So, did you get an a-mail from today and if you'd like to you could incorporate that into the Findings. We can just attach that a-mail from Mrs. Kruzinski. And with that I will answer any questions Council may have. Borton: Thank you, Anna. Council, any questions of staff? Bird: I have none. Borton: Is the applicant here? Fluke: Mr. President, Members of the Council, thank you. My name is Daren Fluke, JUB Engineers, 250 South Beechwood in Boise. Anna did a fine job summing up what's gone on with this application, so I won't belabor it any further. We did as requested and eliminated a lot. If the definition of compromise is that both sides end up unhappy with the solution, then, we probably have a good compromise here. We ended up with three lots across the bottom, each of those in excess of 14,000 square feet, which was not the layout that we preferred. Our neighbors to the south did request that we go to 18,000 foot lots there and, obviously, I was not able to do that without losing two lots and making just a very odd configuration there on the southern boundary. So, we did what we could to address those concems. We have agreed to a 25 foot setback in the rear there and I think we have got a compromise that hopefully will make the Council happy, if not the neighbors and if not the applicant. Are there any questions? Bird: Mr. President? Borton: Mr. Bird. Bird: Daren, I just want to thank you. You guys did go back and do exactly what we asked. We'd like to have got a little more square footage, but that looks nice and I appreciate that. Fluke: You're welcome. Thank you. Bird: Appreciate it very much. Gorton: Daren, can you give us an update on the a-mail that was just referenced from Mr. and Mrs. Kruzinski? Fluke: Yes. Thank you. The Kruzinskis live right here. They are on this five acre lot, arguably the most impacted property owner in the neighborhood. We have worked with them extensively to address their concems with regard to layout and with regard to this • Meridian Ciry Council Marchl3, 2007 Page 16 of 49 existing cul-de-sac that's here right now. One of the issues is that they have some pretty mature landscaping that's encroaching within the right of way and so we have worked with Ada County Highway District to scootch the radius back a little bit in that direction and, then, down to the south to not encroach upon their landscaping and to build curb, gutter, and sidewalk in front of their property as well, which we would not be required to otherwise do. So, they, essentially, sent a letter saying they support the project and thanking us for working with them on their concems. Borton: Thank you, Daren. Fluke: Thank you. Borton: This is a Public Hearing. Is there anyone from the public who wishes to provide testimony or comment? Please come forward and state your name for the record. Tumer: Good evening, Members of the Council. My name is Brady Tumer, I live in the house directly to the south of the property. My address is 3678 South Caleb Place, Meridian, Idaho. I'm the president of the board of directors for Dartmoor Subdivision. I want to start by thanking the Council for taking -- or giving the opportunity to the applicant to address some of our concems and I do think that we have agreement with the applicant tonight that if the definition of compromise is that both sides are unhappy, I think we agree on that. But I do want to thank you for intervening and helping to provide some improved buffers. We would have liked to see larger lots again, but we have what we have. So, thank you for intervening on our behalf. Borton: Thank you. Is there anyone else in the public -- Mr. Aldridge, we have seen your written comment. If you would care to come forward. Aldridge: Mr. Chair -- Mr. President, Members of the Committee, I would just like to reiterate what I said in that -- in those comments. I had hoped to be here last time, but I was in the middle of a large traffic wreck in Salt Lake City, so I didn't quite get here. I live in -- let's see. It doesn't show on this part. I'm 3300 South -- on Falcon Drive. I'm immediately to the west, so right there. And my sole concern was, as addressed in the letter, that there would be a fence surrounding the entire property or at least on the adjoining part with other areas. That was a six foot privacy fence, vinyl, and continuous. My understanding is that that's been agreed to and has been incorporated. The only other issue is that we have some interesting irrigation issues that we will have to have worked out. That will be for final plat, but I do want to say that Mr. Fluke has been most easy to work with on that and we should be able to work those things out. Borton: Thank you. We have a number of people who have signed up to provide testimony. Mr. Aldridge had signed up for. Mr. Tumer I believe who just testified has signed up against. And is it Terri Tumer? Okay. Do you have any additional comment? Okay. Is there anyone else in the public that wishes to provide testimony on this? Council, any additional information needed? Daren, anything further to provide? Meridian City Council March13, 2007 Page 17 of 49 Fluke: Not unless the Council has questions. Bird: I have none. Borton: I would entertain a motion. Bird: Mr. President? Borton: Mr. Bird. r: Bird: I move we close the Public Hearing on AZ 06-046 and PP 06-048. Rountree: Second. Borton: It's been moved and seconded to close the pubic hearings on Items 11 and 12. Any discussion? All those in favor. Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: Just as a comment before we proceed, I, too, appreciate the applicant's willingness to reconsider and to change some of configuration to make the neighbors a little bit more comfortable. And, again, I repeat that I realize this is a strange shaped lot to have to work with and there are many things I'm sure that were difficult about the planning the layout of the plat, but I must also say that I still have heartbum about having four cul-de-sacs and real strong heartbum about etching in stone that access to Eagle Road. I realize there isn't much that can be done about that, unless there are a couple more pieces of property incorporated in this, and I guess I'm going to have to say what's the hung. I'm not sure it's in the best interest of Meridian to establish what currently serves five residences to establish that road as a future use for much greater traffic without changing it to align with the roadway that approaches Eagle on the other side of the street. Borton: Any additional discussion? Bird: I have none. Rountree: None. Bird: Mr. President? Borton: Mr. Bird. Meridian City Council March13, 2007 Page 18 of 49 Bird: Hearing no more discussion, I move we approve AZ 06-046 with staff, applicant, and public comment. Rountree: Second. Borton: It's been moved and seconded to approve Item 11, AZ 06-046. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Bird: I move we approve PP 06-048 and note on that that the preliminary plat date is 3/8 of '07 or March 8th, 2007. And to include staff, applicant, and public testimony Rountree: Second. Borton: It's been moved and seconded to approve Item 12, PP 06-048. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Canning: Sir? Borton: Oh. Canning: Just to clarify, by public comment does that also include incorporating the Kruzinski detailed requirements into the Findings? Bird: Yes. Canning: Thank you for the clarification. Item 13: Public Hearing: VAC 07-004 Request for Vacation of the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No. 3 by Toothman-Orton Engineering - 2971 E. Copper Point Drive: Borton: Thank you, Anna. Item No. 13, Public Hearing on VAC 07-004. We will begin this Public Hearing with staff comments. Canning: Thank you. President Borton, Members of the Council, this is the -- the challenge of new technology. There we go. This is the Bonito vacation project that's before you. It is just a vacation of a platted water service line and meter easement Meridian City Council March13, 2007 Page 19 of 49 r~ located in Lot 15 of Block 1 of Bonito Subdivision. Staff is recommending approval. We have received all the necessary relinquishments and to our knowledge there are no outstanding issues before Council. I'll answer any questions you may have. Borton: Thank you, Anna. Council, any questions? Bird: I have none. Borton: This is a Public Hearing. Does anyone wish to provide testimony on this application? Please come forward and give your name and address. Hovde: I'm the applicant, Jay Hovde, Toothman-Orton Engineering, 9777 Chinden Boulevard. And I just wanted to say we have reviewed the staff report and we don't have any comments or surprise. Borton: I apologize for omitting the applicant's opportunity to provide comment. Hovde: And I would be happy to answer any questions if there are any. Borton: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Borton: Thank you very much. Anyone else from the public who might care to provide any testimony on this application? Council, I'd entertain a motion on 13. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we close the Public Hearing for VAC 07-004. Zaremba: Second. Borton: It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we approve VAC 07-004. Meridian City Council March13, 2007 Page 20 of 49 Bird: Second. Zaremba: End of motion. Borton: It's been moved and seconded to approve Item 13, VAC 07-004. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 06-064 Request for Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Item 15. Public Hearing: PP 06-065 Request for Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the proposed R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Item 16: Public Hearing: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Borton: Thank you. Items 14, 15 and 16 are public hearings on AZ 06-064, PP 06-065 and VAR 07-001, Normandy Subdivision. We will begin this Public Hearing with staff comments. Canning: Thank you, President Borton, Members of the Council. This is the Normandy project. It's located on the west side of Locust Grove Road, approximately a half mile north of Amity Road. The annexation -- or the applications include annexation and zoning, preliminary plat, and a variance. The project consists of annexation and zoning of 27.05 acres to R-8 and a preliminary plat approval of 110 single family residential lots. Lots range 5,200 square feet to approximately 12,000 square feet. The average lot size is about 6,500 square feet. The applicant has supplied 4.2 acres or 15.5 percent of the landscape open space. Of that, 1.41 acres is considered usable open space and that's located generally in the center of the project and it includes a tot lot and basketball court. The gross density -- the rest of the open space lot is taken in the - - into the canal on the south side of the property. The gross residential density is 4.06 units per acre. The net density is 5.32 units per acre. The application does not directly comply with the future land use map designation of low density residential, it is medium just to the north and, then, it is low -- the low designation begins right there at the north property line, although as you know the Comp Plan doesn't require a Comprehensive Plan amendment to consider higher densities when deemed appropriate by the Council. So, with regard to the variance, the proposed subdivision has two blocks that do exceed ~ i Meridian City Council March13, 2007 Page 21 of 49 the 750 foot block length. Block 1 is about 900 feet long and Block 2 is 875 feet long. As you know, to grant the variance Council must find the following, that it doesn't grant a special right or privilege, that it relieves an undue hardship, and that it's not detrimental to the public health, safety, and welfare. The developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways, so they did connect to the stub streets where they were available at the two locations, but because of the physical constraint of the canal on the south side of the property that they weren't able to get additional cross-connections into the surrounding property. So, it is a case that warrants approval for the variance and staff has recommended that. We do not have elevations for you tonight. The Commission recommended approval at their February 1st, 2007, Public Hearing. Matt Schultz, the applicant, spoke in favor of the application. No one spoke in opposition or commented and there was no written testimony. The key issues of discussion by the Commission were the transitioning lot sizes to Reflection Ridge Subdivision and that's on the south side of the property. The key Commission changes to staff recommendation were that staff had suggested that the applicant remove one of the lots in this block, but the Commission eliminated that condition of approval. The only outstanding issues for City Council, staff still supports removing one lot to provide a better transition to the south where the building lots are about 9,600 square feet over here. And there has been no additional written testimony since the staff report was written. And with that I will answer any questions Council may have. Borton: Thank you, Anna. Council, any questions? Rountree: I have none. Bird: I have none at this point, no. Borton: Would the applicant come forward? Schultz: Good evening, President and Council. My name is Matt Schultz, RMR Consulting, 2127 South Alaska here in Meridian on behalf of the Normandy Subdivision. All in all, this project has been a little bit easier than some, just because our e everything surrounding us is there, either approved -- either in the ground or under construction. To the north it says Chatsworth that should actually be marked Green Valley to the north, that's all in. To the south is Reflection Ridge, which is the -- which is, actually, approved as an R-4, but it is an R-4 PUD. There is, actually, a mix of lots in there that today would be some R-8 lots, but it was an R-4 PUD at the time. So, in looking at that, we started with what was around us first when we did our layout and tried to blend in nicely with the area and had a mix of lots, which is consistent with what's out there and try not to be -- be too radically different in any one direction and fit in nicely. We match lot for lot here with Chatsworth, as you can see. I mean we just line up lot for lot with them. We do connect to a stub street. You can see there is no other way to connect in up here on the north, just the way -- this came in first, this came in second, and maybe at that time there was a thousand foot block length rule and it's since been reduced to 750 and I will have to admit I -- when I laid mine out I was still l_ Meridian City Council March13, 2007 Page 22 of 49 L J using the thousand foot rule, but it really didn't matter, but I did put this curve in here to -- so it will feel like two blocks, even though it is technically one as you're driving through there, it breaks that up from being a real long straight street and kind of have a traffic calming measure if you will. On the south we will be building the bridge across the Ridenbaugh Canal for some good interconnectivity. Reflection Ridge had to trust fund for half of it. we will build it and get back the other half when it's done and ACHD signs off on it. There is a regional pathway on -- with Reflection Ridge, because they came in first that will have good access, too, across the bridge. We do have a pathway interconnecting to our open space in the middle and a pathway out. So, we feel like we have got good circulation, good pedestrian interconnectivity, we feel like the variance isn't a special thing that we are going to come in asking for, it's kind of due to the surrounding -- what was approved before us and our overall density -- we didn't go to the max on the R-8. We tried to do about, you know, half, 6,000 or above, and half 5,200 or above, and our biggest lots are, actually, here abutting up to these lots that Reflection Ridge put in, they are 80 by 120. We have some ten thousand, 12 thousand square foot lots here. So, really, the area of concern, I guess, would this area. There is four lots to our five, but one thing that made us not feel so bad about that was across the street from their own lots they have six lots to their five, where -- or to their four, where we have five. So, we felt like it blended in. We could have got a couple more in here if we would have went to the minimum. We decided to back off and make them our bigger lots, however, with the Ridenbaugh Canal there, the hundred foot buffer, instead of houses backing up lot line to lot line, they would be 50 feet apart, they are 50 yards apart. They are three times the normal distance from house to house. So, we really felt like that if there was any issue with our lot sizes that would be a good mitigating factor. So, you know, with that variance and just -- we respectfully disagree with staff on this and Planning Commission, you know, did agree with us that they didn't think we needed to lose the lot, we agree with staffs conditions a hundred percent, with the exception of that one lot and, then, we did need to talk about the variance. At Planning Commission I did show some elevations of Tuscany Village in the -- I have got a packet here. I went through and Tuscany Village is an assemblage of 50 and 60 foot lots like we have. There is a good selection of architectural types to have quality exterior materials of stucco, wood -- or stucco, stone, or brick, architectural diversity, highlighting the porches. We do not know who is going to build the homes in here, but we are -- my partner and I will be in charge of enforcing the CC&Rs to at least the standard of what's out there, if not more. It's a really ideal spot in town, in our opinion, the Locust Grove overpass is going in here soon, it's going to provide a nice inter -- you know, interconnectivity to some of the shopping up in Meridian -- north Meridian and I'm really excited. I live in south Meridian. The Locust Grove overpass is really going to help a lot of people I think get off of Meridian Road and really improve things and help this project and everybody that lives kind of down in this area that for now is going down Meridian or Eagle. So, we feel like we fit in. We feel like the variance isn't a special circumstance and on the one lot issue, if this Council feels strongly that we should, we will go with that. We would hope that you would side with us. It's not worth getting a denial over, but at the same time I think it's worth asking that we keep it as submitted. So, with that we would ask for your approval. • Meridian City Council March13, 2007 Page 23 of 49 Bird: Mr. President? Borton: Mr. Bird. Bird: Matt, I was going to ask you -- and you volunteered it. If you only had ten lots I wouldn't ask you, but I -- I would sure -- it's just something that we have done and you sat through the previous deal and the closer you can make those - I realize there is 50 yards, instead of 50 feet, and there is a canal between them and a pathway and everything, but -- and it probably wouldn't make my decision one way or the other, but it would sure be nice if that was 8,000 square foot lots there that backed up. You would lose one lot. But that's -- Schultz: I want to go with the Council's decision and we will do whatever you want. Bird: I'm only speaking for -- Schultz: All right. Borton: Council, any other questions of the applicant? Rountree: None at this time. Zaremba: Not at this time. Schultz: Thank you. Borton: Thank you, Matt. This is a Public Hearing. No one has signed up to provide testimony, but does anyone care to provide testimony or comment on this application? Anna, anything to add? Canning: No, sir. Borton: Mr. Rountree? Rountree: I have a question for Matt. Borton: Matt, would you -- Schultz: I'll stand for any questions you have. Bird: That's what you're going to get. Rountree: It may or may not be okay. Are there any improvements that would be included in the open space tot lot or -- and is that drainage or is that, in fact, going to be usable space? • Meridian City Council March13, 2007 Page 24 of 49 Schultz: We have very good subsurface drainage out here and where we are going to be able to use seepage beds and it will all be flat and nice usable open space with a -- with abigger -- you know, a tot lot doesn't do it any justice, you know, a bigger playground and, you know, we have shown a basketball court. I can go back and forth on whether it's that or a covered picnic area, but we have proposed a basketball court, just -- those have some use issues with some of the bigger kids scaring away some of the littler kids, so we are kind of debating what to do there, but we propose the basketball court for now. Rountree: Thank you. Schultz: Thanks. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I guess I would ask a question of staff. Director Canning. The request that they lose one lot in that one area, it's pretty clear part of that reason would be the transition to the larger lots behind it. Are there any additional reasons to that? Canning: Not that I'm aware of. Zaremba: Okay. Thank you. Borton: Council, any additional information needed on these applications? Rountree: I have none. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move the public hearings on AZ 06-064 and PP 06-065 and VAR 07-001 relating to Normandy Subdivision be closed. Rountree: Second. Borton: It's been moved and seconded to close the public hearings on Items 14, 15 and 16. All those in favor? MOTION CARRIED: ALL AYES. Borton: Thank you. l_J Meridian City Council March13, 2007 Page 25 of 49 • Zaremba: Mr. President, I just would comment on discussion that I think it blends in well with the existing subdivisions around it and would be an addition. I could support the reduction of one lot in that area. I don't feel strongly that way, but I don't think it's a bad idea and we certainly have made that request in other places. On the other hand, there is nobody here from Reflection Ridge hounding on us to do it, so I could go either way on that one. Rountree: Mr. President? Barton: Mr. Rountree. Rountree: I'm not quite as settled as the other two councilmen, but my position is that I think the lot reduction is a requirement for my favorable vote and that's based on being consistent with the processes and decisions that we have been making in the past several years, so -- Borton: Councilman Zaremba, I -- Councilman Rountree. Excuse me. Rountree: That's okay. Borton: I agree as well with regard to the removal of a lot. I think the applicant's acknowledged a concession in that regard. I think it's important and we have always tried to stress these transitions and that helps accomplish that. I would also hope that a motion, we were to -- for an approval to incorporate the elevations represented by the applicant, that those would be incorporated as elevations that this development will be consistent with. Canning: Sir? Bird: Mr. -- Canning: I'm song, Councilman Bird. To do that you will need to recommend that a DA be included with the annexation. There is not one currently. Bird: It's with the annexation, isn't it? Canning: Yes. Bird: And it's public record now anyway. He's turned it into the clerk, so -- Canning: Yes, it is, but we haven't currently proposed a development agreement. That's all I was trying to emphasize is that you need to make that clear. Zaremba: Mr. President? Borton: Mr. Zaremba. Meridian City Council March13, 2007 Page 26 of 49 Zaremba: To reinstate the staffs recommended condition of approval 1.2.5, which says eliminate one building lot, should that be part of the development agreement or is that a preliminary plat issue? Canning: President Borton, Members of the Council, Councilmember Zaremba, that would be a preliminary plat issue. That's fine. We don't need it in the development agreement. Zaremba: I didn't hear that. I'm sorry. Say it again. Canning: Just the preliminary plat is fine. Zaremba: Okay. Thank you. Borton: Any additional discussion? Rountree: I have none. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we approve AZ 06-064 and add to the requirement that there be a development agreement formulated with the city clerk to include the elevations that were presented at this meeting tonight. Rountree: Second. Borton: It's been moved and seconded to approve Item 14, AZ 06-064, with a development agreement incorporated. Does the motion -- I presume it includes that elimination of that one building lot? Bird: No. Borton: Any other discussion on Item 14? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. ~ i Meridian City Council March13, 2007 Page 27 of 49 Zaremba: I move we approve PP 06-065 relating to Normandy Subdivision, to include all staff comments and to reincorporate or to add back in staff condition 1.2.5 relating to eliminating one building lot in a specific area. Rountree: Second. Borton: It's been moved and seconded to approve Item 15, PP 06-065. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move that we approve VAR 07-001 for Normandy Subdivision. Rountree: Second. Borton: It's been moved and seconded to approve Item 16, VAR 07-001. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: MI 07-004 Request for a Miscellaneous application for a third amendment modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Development Agreement Modification by Treehaven, LLC -north side of Chinden Boulevard on both sides of Black Cat Road: Item 18: Public Hearing: PP 06-058 Request for Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Jayker Subdivision by Treehaven, LLC -north of Chinden Boulevard and west of Ten Mile Road: Borton: Items 17 and 18 are Public Hearings to be opened together. Anna? No? Baird: Separate. Borton: Item 17, I will open the Public Hearing -- • Meridian City Council March13, 2007 Page 28 of 49 Baird: Mr. President, I'm getting a wide gapped mouth look from the planning director. We discussed this this afternoon and I know they are related somehow. She might have a better idea about how we should proceed. Borton: Mr. Baird, I'm going to recuse myself anyway from 17 and 18 and turn it over to Councilman Rountree and let you guys figure it out. Rountree: Thanks, Joe. Canning: Councilmember Rountree -- or Vice-president Rountree, Members of the Council, it's probably a little easier to understand the development agreement modification if you open up both hearings at the same time. Rountree: Thank you, Anna. Then, we will open up public hearings for Items 17 and 18 together. Canning: Thank you, sir. This is -- Rountree: And hear from staff. Canning: Oh, sorry. Thank you, sir. This is the Tree Farm and Jayker project. They are located on the north side of Chinden Boulevard, approximately a half mile east of Black Cat Road, extending east to approximately Ten Mile Road, if it existed on the other side of Chinden. And the applications do include a development agreement modification on the preliminary plat. I'm going to go over the preliminary plat. That's the concept plan. Here is the preliminary plat. The preliminary plat approval request is for 277 single family residential building lots, 27 common lots, and one commercial common lot, which will contain the proposed community center. And that's located on the west side of the property. There we go. And those are all in the existing R-2, R-8, R-15 and C-N zones. All of the homes within the development are proposed to be single family and can be broken down in the following categories: 28.2 percent or 78 building lots are in the R-2 zoning. Estate homes. And, then, 33.6 percent or 93 building lots are in R-8, single family detached house. And 38.2 percent or 106 building lots are in the R-15 and those -- they have termed them lifestyle housing and those are attached units. So, as you can see, there is a great range of lot sizes being proposed, with lots as large as 29,000 square feet and as small as 4,000 square feet. There are approximately 39.1 acres or 27 percent of the site is being set aside for open space. The gross residential density is 1.93 dwelling units per acre. I wanted to talk about the stub streets for a moment, because that's the only thing that's perhaps an outstanding issue. There is two stub streets that both connect to this 28.85 acre parcel and the Henkles own this piece of property. So, as you see there is one stub coming in from the north and one coming in from the west. Originally, when this came in staff asked the applicant to locate the stubs there, so that they would line up with -- this one would line up with this Double Eagle Lane and we were hoping to make that lane go away that way. After further reflection, we think that that's probably not the best way to do it and it • Meridian City Council March13, 2007 Page 29 of 49 would be better to actually shift this stub street over here and we will try and get a different connection into that lane and, then, it may just remain as a private lane, but accessed, hopefully, through the Henkle property in the future. And, then, the other stub street, because it's located so far to the north, if we shift this one over, the size of the property is -- we try and separate out those two access points, so that the fire department has alittle -- aren't as constrained when they go in there to fight a fire. So, we'd like to -- that stub to move further to the south to just provide a greater distance and it's related to how Joe Silva calculates his needs for access. He's not here anymore, so -- sorry. So, we are asking that that Silverlace Drive stub street be relocated approximately 300 feet from the northern property line. And that would just help future redevelopment of the Hinkle property. I'm sorry. It needs to shift 300 feet south. Sorry about that. Okay. Now, the development agreement modification. This is -- I'm going to spend a little bit of time talking about this, because it's a little out of the ordinary. We haven't addressed this before. As you may recall, the applicant came in with a concept plan for annexation and they also proposed zoning districts at that time and that's why you don't see any zoning before you today. It does have zoning. The preliminary plat was very close in meeting -- in lining up with that -- those zoning districts, but they hadn't gone through the full plat process yet when it came in. They brought it in. Some of the lots have split zones on them. They are minor, but there are some lots that have a little bit of one zone and a little bit of another. Staff has asked that the applicant revise their concept plan for their zoning map as part of the development agreement modification for Council and, then, we will just do kind of a clean-up amendment ordinance. The alternative would have been to do full rezoning applications for each property that may be affected and because it's all internal to this project and they are adjustments from lot to lot, we didn't feel it was necessary. The UDC, actually, says if a zone line approximately follows a lot line, it will be deemed to be the lot line. So, all we are trying to do is do a clean up so that these get done and it doesn't change the nature of the original annexation and zoning, it just cleans it up to correspond with the lots that they are now coming in with. The staff report lists a number of reasons why it's beneficial not to have lots bisected by the zoning and, then, not the least of them is setback requirements for our purposes, but also the tax designation for the state purposes or the county purposes in assessing valuation. We don't have -- actually have the elevations with this project. They are incorporated as part of the development agreement we already have with the applicant. The Planning and Zoning Commission did recommend approval at their February 1st, 2007, Public Hearing. Gary Henkle and Sherry Ewing and Tuck Ewing and Linda Lazarus all spoke at that Public Hearing. There was no written testimony. Key issues of discussion by the Commission were the access to properties served by Basco Lane, which is at the very north end of the site, and the crossing the Phyllis Canal, which is located further north. It's off site. And the location of the stub street to the Henkle property to the east, as I mentioned previously. The key Commission changes to staff recommendation is they did modify condition 1.1.11 to allow the ten foot pathway along Chinden to be placed within the ITD preserved right of way area. So, ITD has left room for that ten foot pathway there and that condition was changed. To our knowledge there are no outstanding issues before Council and we have not received additional written Meridian City Council March13, 2007 Page 30 of 49 testimony since the staff report was done. And with that I will answer any questions you may have. Rountree: Any questions for staff? Bird: I have none. Zaremba: Mr. Chairman, I have one if I may. Can we show the aerial view I believe would be that one. This was a question from way back in my memory when I was on Planning and Zoning Commission. As I recall there was some discussion -- and I don't always recall everything correctly either, so -- but wasn't there discussion of when this eventually came in of connecting to the stub street in Spurwing up here, so that there would be a further connection to the benefit of both projects? Canning: Vice-President Rountree, Members of the Council, there is -- actually, that stub street does not actually go all the way to the property line. There is a common open space that is between the end of that cul-de-sac and the subject property, unfortunately. Zaremba: So, no can do even if we wanted to. Okay. Canning: Yeah. Zaremba: All right. Thank you. Rountree: Any further questions? Anna, just a procedural question. It seems to me that we will have to take action on Item 18 before we can make any decision as it relates to the rezoning in Item 17; am I correct? If we fail to approve the preliminary plat, there is no rezoning. If we modify the preliminary plat the rezoning is going to have to be modified. Canning: That does have some logic to it, sir. I would agree to that, yes. Rountree: Thank you. No further questions? The applicant? Canning: More than some logic even, sir. Thank you. Rountree: Sometimes it works. O'Neill: President Rountree, Members of the Council, Derick O'Neill, 2242 East Riverwalk Drive, Boise, Idaho. I'm here representing Tree Haven tonight. I'm going to give you a few comments and maybe answer a couple of questions that were discussed. I want to start with a little history and process. It's been nearly a year and a half since we were last in front of P&Z when we started this process. So, we have spent the last year and a half working diligently with all agencies, staff, neighbors, to come to you tonight with what we feel is a very good resolution and a very good project. You Meridian City Council March13, 2007 Page 31 of 49 guys approved the concept plan and development agreement and we have kept very consistent with that as we put this preliminary plat in front of you. As I mentioned, we have had I think over 18 meetings with your city staff and the highway district and various agencies to make sure we cover the issues that are necessary. We feel the result of that is a staff report that we agree with. That doesn't happen very often for us and we are proud to say on your staffs behalf that they have worked very diligently and we have come to a solution that we think is very good. We also have had a unanimous approval from the highway district as it relates to all these issues, so we feel good about that. In addition to that, P&Z unanimously approved the project. A couple of questions that were asked for clarification. We are totally in support of and met with legal as it relates to this modification request. It is cleaning things up and in the long run it will make it a whole lot easier. Councilman Bird, you had a concem with that, and I think we are dealing with that right now, because in the long run we are not going to have to deal with someone that says, well, I have half a zone on this property, half a zone on the other property. So, we are very comfortable with that and agree with those recommendations. As it relates to the comments on the stub streets, we are also totally in agreement with that. We have already started making those changes as we will come to the first final plat. It makes sense. We are comfortable with it. We have worked with the Henkle family on it and we are comfortable with that as well. That's an important issue to them and we understand it and realize that. As it relates to the Basco Lane -- I'm not going to spend a whole lot of time on it, because I have spent literally hundreds of hours on it and we come to a solution -- one with the highway district and are comfortable with that. The other is I think it was mentioned earlier tonight I guess if you -- if both parties are not happy with the solution, maybe you have a good solution, and I said that last time and Tuck said, well, I'm not sure that we are unhappy. So, I think we have worked very hard with the Ewings and Aldapes to come to a solution that works there. As it relates to the connection to Spurwing, Councilmember Zaremba, I -- that never was a part of a hearing that I can remember. It was some early discussions with staff. A golf cart path goes right between that and the common area and I think if that was suggested -- we were even having a hard time suggesting connectivity pedestrian-wise with the Spurwing neighbors. If that was suggested, you would have a room full of Spurwing neighbors here that would be absolutely crazy. So, I don't think it's possible. I think the plan works well. There will be easements there to allow sewer and water connectivity, so I don't know if that answers your question, but I think it deals with it. Zaremba: That helps. Thank you. O'Neill: I could spend the next day putting this project in front of you and explaining and showing you -- I spent a lot of time when we brought it in front of you for the annexation and development agreement. In respect of your time -- I have 30 slides here, but in respect of your time and with the fact that we are in concert with the staff, I'm going to -- I'm going to answer questions for you, if you have specific ones. I have tons of slides to show you, but I don't think I need to do that. If you want me, I would be happy to do that, but I will leave that at your pleasure. Otherwise, I'll let the public testify and, then, I can answer questions. Thank you. • Meridian City Council March13, 2007 Page 32 of 49 Rountree: Any questions of the applicant? Zaremba: Not at this time. Rountree: Thank you. It is a Public Hearing and we have some sign-up sheets. I'm going to start with Linda Lazarus and she's indicated that she's both for and against the project, so -- do you wish to present testimony or just make your position known? Thank you. Baird: And, Mr. Vice-president, for the record she indicated that she thought she only checked that she was in favor of it. I wanted to make sure we got that on the record. Rountree: Next is Gary Henkle. Indicated for. Henkle: Council members, Gary Henkle, 9109 West Burnett Drive, Boise. Not to say on this. I think I'm in agreement with everything that has been presented. I just wanted to have that put on record. So, we are in a -- we have a preliminary temporary access agreement with Derick O'Neill on the -- coming off his property onto ours right now and we are in the process of getting that finalized, so appreciate all your considerations and it's been an interesting process and thank you. Rountree: Any questions for Mr. Henkle? Bird: I have none. Rountree: I have a question for you. You heard the comments from staff about the changing of the stub street. Henkle: Yes. Rountree: Do you have any issues with regards to that? Henkle: No. That's preferable. Rountree: Thank you. And Mr. Tuck Ewing and he has no position on this, according to the sign-in sheet. Tuck. I know you must. Ewing: Council members, Tuck Ewing, I represent Tico One, LLC, 1500 EI Dorado, Boise, Idaho. I do have a position on it. I believe we are for this project. I wanted to make sure Derick did not wing off on me before I checked my box, but we are for this project and the only comment that I do have is the same issue we have had as far as Basco Lane is concerned and I think that through ACRD and working with the applicant we have come to an agreement. I agree with Derick that I don't think either party was completely pleased with it, but I think that it is acceptable to us at this point. The only comment that I'd like to make concerning the Tico One property, there is approximately Meridian City Council March13, 2007 Page 33 of 49 nine acres there and we anticipate moving forward with our project in the near future and with that being said, I know that in ACHD's staff report they talked about setting aside the money to improve that strip through there into a road trust type scenario and I don't know if this Council has any pull over this or not, but if we do achieve getting through the process of getting preliminary plat approvals and all that stuff, we would prefer just to have that road built and not deal with a road trust situation. I think that we are a little concerned about inflation and all that stuff. So, if we do get to the point that we can construct that before such time as the road trust is created, we would like to do that and, then, as far as the access points into the Tico One property, they are yet to be determined, but we will come with something on that. But that's, really, about all I have. If there is any questions? Rountree: Any questions? Ewing: And I would like to also commend the applicant. I know they did spend a lot of time and I know we were a pain, but I think that they worked diligently with us and I think it will be a good project. Rountree: Questions? Bird: I have none. Rountree: Tuck, to allay your concerns about Derick winging off, Senior O'Neill is sitting there with a rather large chalaly that would straighten him out, so -- and Sherry Ewing has also signed up and, again, we will find out what your position is. S. Ewing: I am Sheny Ewing. He's a little taller than I am. I am Sherry Ewing and I reside at 2934 East Lake Hazel Road and my parents are the Aldapes. And I am totally for this project. However, I would like -- and I -- first of all, I apologize for not sending you written testimony. The letter must have gone to -- well, it always goes to my mom and dad and somehow between an 87 year old and me, it didn't get to me. So, I didn't know about this until about 4:30 this afternoon. What I would like to do, though, is talk about the bridge and I know it's an old subject, but I feel like beings we didn't get our two accesses, which we would have gotten had this land been flat, we would have had two accesses and we didn't get the second access and I just listened to the testimony on the Normandy Subdivision and that developer was putting in half of that bridge. So, I'm wondering why we are not getting half of our bridge coming down. So, I know you're going to hear that because they put the traffic light in out at Chinden that cost lots and lots of money and we benefit from that, but, you know what, my parents don't really care about that traffic light, they don't really want to go the circle getting down to their lane, they just want the lane the way it is and that really isn't for them as much as totally for the subdivision that the developer is working on. So, anyway, that's my request is to get part of a bridge. Or at least come to the property line. We are not -- I mean the developer is not coming to my parents' property line at this point. Rountree: Comments? Questions? Meridian City Council March13, 2007 Page 34 of 49 Bird: I have none. Rountree: Thank you. Any further public testimony? Don't see any. Any comments? Discussion? Bird: The applicant's reply. Rountree: Okay. Applicant. O'Neill: Vice-president Rountree, Members of the Council, I will try to quickly go through those issues. Number one with Tuck, you know, if they get their project and are ready to go with it, we are probably in favor of getting that built as well. That agreement allows to do it either way. If the cost is ready to go and we can do that and there is a benefit to that, we are okay with that. The agreement states that that can be done. So, I think highway district conditions address that. As it relates to Mrs. Ewing's comments, we have spent an awful lot of time on this. I'll go through a couple comments. I would like to read conditions and comments from the Ada County Highway District approval. Mr. Inselman is here, too, if you so require him to talk, but let me read a few comments. The Phyllis Canal is along the northern property line on the site. The applicant has not proposed to either construct a bridge across the canal at the terminus of the above- identified stub street or provide a road trust for a portion of the cost of the bridge. District staff is supportive of this proposal for the following reasons: The site has adequate access with the new roads being constructed within the development and the site -- new signalized intersection on Chinden Boulevard. The site does not require an additional access point that the bridge would provide. Second. The property on the north side of the Phyllis Canal will need a bridge in order to provide adequate access for any development and the property owner should bear the burden for the bridge crossing the Phyllis Canal. Third. The canal is owned by the Pioneer Irrigation District and this applicant does not own the property to the center line of the canal. I think that's another key point. We can't build a bridge to the middle of the canal, because we don't own it. The imgation district does. Which is different than the comment that was made in the previous project. So, I think that's important as it relates to Mrs. Ewing's comments that the traffic signal doesn't have any benefit to them. Without us putting the traffic signal in, without us putting a collector status road that abuts to that property, they don't have - - they don't have development rights to their property. So, there is a huge benefit for the improvements that we are putting in and we feel strongly about that. I'll answer questions on that, but I feel this is -- this issue has been definitely well studied and we are very comfortable with the solution. Otherwise, we would ask for your respectful approval. We hope to get started soon. We think this will be a wonderful asset for the City of Meridian and excited to start. And appreciate your patience and time on this issue. Rountree: Thank you. Any further questions? Bird: I have none. • Meridian City Council Marchl3, 2007 Page 35 of 49 Rountree: Okay. That brings the Public Hearing to a close. I'll entertain a motion. Bird: Mr. Vice-president, I move we close the public hearings on MI 07-004 and PP 06- 058. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearings on Items 17 and 18. All those in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. Baird, it seems to me we probably ought to take action on Item No. 18 first. Baird: Mr. Vice-president, I think the logic to that is apparent and the planning director agrees, so let's do it that way. Rountree: Okay. Let's consider Item No. 18. Is there any discussion or a motion? Zaremba: Mr. Vice-president? Rountree: Mr. Zaremba. Zaremba: Before I make a motion, I would just comment that it has been a long process. I remember how long ago this first came to Planning and Zoning Commission and I know there has been a lot of work done on it even before that. Even, then, and continuing to today I am disappointed that there can't be a better more final solution to accessing the Aldape property, but know it involves probably several different property owners. The Tico One property would be involved and the Nampa Irrigation would be involved and apart from my wishes I would bow to the final decision of ACHD, since they are the ones that have the authority over roads. That being said, I think the rest of the process -- the rest of the project is an excellent thing for Meridian. Therefore, Mr. President, I move that we approve PP 06-058 for Jayker Subdivision. Bird: Second. Rountree: It's been moved and seconded to approve Item 18. Any discussion? City clerk, roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Zaremba: Mr. Vice-president? • Meridian City Council March13, 2007 Page 36 of 49 Rountree: Mr. Zaremba. Zaremba: I move that we approve MI 07-004, relating to the Tree Farm development agreement. Bird: Second. Rountree: It's been moved and seconded to approve Item 17. Any discussion? Seeing no discussion, roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Rountree: Mr. Clerk, if you would get the president back, we will move forward. Item 19: Public Hearing: MI 07-003 Request for a Miscellaneous application for Modification of the existing Development Agreement to remove Item 6.1 which requires procurement of detailed conditional use permit prior to development /use of each lot within the subdivision for Sparrowhawk Subdivision Nos. 1 ~ 2 by David Waldron -north of Franklin Road and east of Locust Grove Road: Borton: I will open the Public Hearing on Item 19, MI 07-003, request for a miscellaneous application concerning Sparrowhawk Subdivision No. 1 and 2. I will begin this Public Hearing with staff comment. Canning: President Borton, Members of the Council, this is the Sparrowhawk project. It's located on the northeast comer of Locust Grove Road and Franklin Road. The application before you tonight is for a development agreement modification. Just to give you a little background, in 2004 the City Council granted preliminary plat approval for an 11 build-able lot subdivision on 15.8 acres as shown here. The preliminary plat was called Sparrowhawk Subdivision No. 2 and that was because it was previously platted before that. This was re-subdivision of a portion of the property. Concurrent with that application was a request to modify the previous approved conceptual planned development to allow about 40,000 square feet of office space, 30 -- close to 34,000 square feet of commercial space, and 6,000 square feet of retail service space and 25,000 square feet of self storage space on those 11 lots. So, there is quite a number of specific uses proposed. The applicant now requests modification to the recorded DA for Sparrowhawk Subdivision Number 1 and 2 to remove the obligation for future uses on all lots to obtain Conditional Use Permit approval. Now, the applicant has provided us elevation and an artist's rendering for the building to be constructed on Lot 8, but not for all the lots. So, I'll show you the one for Lot 8. This is the artist's rendering. I will go back to that. We don't have a site plan. But as you can tell from the lot layout, it is kind of an unusual site plan and did have quite a variety in the drive aisles and the parking Meridian City Council March13, 2007 Page 37 of 49 lots. We know that Council is generally reluctant to waive the conditional use requirement until they have some idea of the architectural appearance of all the structures. In this case you have one. Staff has proposed using the architectural and site design standards in the UDC in 11-3-9 -- or 3A.19. So, what we are proposing as a substitute, if the applicant agrees to design -- submit a design review application, along with their certificate of zoning compliance, that that be an appropriate substitute for the Conditional Use Permit that's currently required. We would say that the storage units that were proposed on the north side of the building should not be subject to that requirement. We do have some specific standards for that. It's kind of downhill and it adjoins the -- it transitions well to the industrial properties further north. So, we are recommending approval of that -- of the development agreement modification. You did receive written testimony since the staff report. It wasn't related, really, to this development agreement, it was from Diane Bagley and it was regarding drainage and flooding. Public Works did look at that. They reviewed all their plans. They have proposed kind of an additional condition that we can add to the development agreement, since we are modifying it, to address that concern and that would be prior to issuance of the next building permit within the Sparrowhawk development the applicant shall submit an engineered design, obtain city approval, and construct a drainage system to contain the drainage from the undeveloped portions of the project. This property does sit higher than the adjoining property to the northwest and that's where the flooding problems occurred and I think the Public Works -- or the city engineer can answer additional questions on that if need be. And with that I will answer any questions first or you can ask him questions first, whatever Council would like. Borton: Thank you, Anna. Council, any questions for Anna or Len? Bird: I have none. Rountree: No. Borton: Would the applicant care to come forward. Waldron: Council members, my name is David Waldron, 80 West Cottonwood Court in Eagle. This request is a result, frankly, of an oversight on our part. This property, as Anna said, has quite a history to it. When I took possession of the property two years ago and we requested of you to approve an amended concept and we did get the approval, it was our intention at that time -- and we, actually, did present architectural representation of the buildings that we were planning to build there and -- but we had inherited a development agreement from the prior project and I think, frankly, it just fell through the cracks. When we made our presentation we made quite a point of showing you the quality of the buildings that we intend to build there. Anna showed you one building that's actually under construction and, then, there is a prior one that received a building permit that is also under construction and I have with me another rendering showing the building that we are planning to do next and just to represent to you that we are planning to do very high quality buildings. I also have examples of a prior project. • Meridian City Council March13, 2007 Page 38 of 49 Borton: I hate to interrupt. Can I just have you show that to the public that are here behind you. Waldron: This is the building that we have currently under construction. And this is the one on the adjacent property that we are planning to move forward with. I think with that and this simply came to light on the second building permit that we were submitting for, so it caught me by surprise, because, frankly, it was not our intention to have to go through 11 CUPs and I guess my main pitch is that I feel that would be an extraordinary burden not only on us, but on the city to do so. With that I will answer questions. Borton: Council, any questions? Bird: I have none. Borton: Mr. Waldron, staffs made reference and the question that gets posed to you is whether or not you're in agreement to submit a design review application for the buildings which would comply with the UDC. Waldron: Well, again, I didn't hear that until just a few minutes ago, so that kind of catches me by surprise. I think if that's what we have to do, we are happy to do that. Borton: Okay. Waldron: But it's -- I guess the awkward thing is we actually have two buildings under construction right now, so it's just kind of an awkward timing issue for us. Borton: Okay. Thank you. Zaremba: Mr. President, I would ask -- Borton: Mr. Zaremba. Zaremba: -- the other question on the drainage issue. Are you in agreement with us adding that as a condition? Waldron: Well, I think we are. In fact, we assumed automatically that every -- every project we would submit an on-site drainage plan, so I think that's a given. I think the neighbor that's making reference to that is -- last summer we had two weeks of pretty heavy rain, some drainage did get down there for reasons of the existing condition of this site. When it gets developed out and each site gets built on, there will be on-site drainage for every project, so that's our intention. Rountree: Mr. President? Borton: Mr. Rountree. • Meridian City Council March13, 2007 Page 39 of 49 Rountree: Question. Some of the testimony received from neighbors appears that the development that's occurred out there in land moving has been less than neighborly and created some problems and hardships in terms of flooding and irrigation that's not working. Waldron: Right. Rountree: I, for one, would not want to see any change in this particular project until those have been remedied throughout the entire property, not on an individual lot case. To me, the whole solution -- or the whole remedy needs to be in place. I believe you're probably in violation of the state. I believe you're probably in violation of EPA requirements and several others that relate to drainage and control of water and erosion, so I think, you know, unless what we are hearing and seeing is not correct, there is some issues out there that need to be resolved. Waldron: I think there is an explanation and I would like to have my partner, who is the contractor on the job, give you more detailed information about what that condition was, what the current condition is, and, you know, exactly where we stand. Borton: Okay. Please come forward. Give us your name and address for the record. Swigg: Dan Swigg, 2127 Overland Road, Boise, Idaho. Members of the Council. The flooding issue -- this whole site was engineered -- design engineered and approved by the city and it was installed per those drawings. Last year when we had an inch of rain in an hour, there was an old ditch and on the drawings originally that ditch still remained that collected the water, took it around the -- it takes it around here, down here to the irrigation ditch, and over to Five Mile Creek. This ditch was plugged up, we shoveled it out once and, then, the second time we went to shovel it out to prevent flooding, we were denied access to that property. As far as the imgation ditch, the tiling that was put in, it goes right there. The contractor that installed that pulled that completely out this summer and replaced it at his own expense. It's put in per the manufacturer's specifications of the pipes, so it shouldn't leak and we don't expect it to. We did have a fence issue with this neighbor right here and the fence was on the property line there, came across the property line over here. The neighbor didn't want a cedar fence, but as part of the approved -- approval from city a cedar fence was required and he was concerned about his horses eating it. We moved our fence a foot off the property line and it's, actually, kind of between his fence and our fence, so we are trying to be neighborly as we can and take care of issues that -- those are the only three issues we've had. Borton: Thank you. This is a Public Hearing. Two people have signed up to provide testimony. When I call your name, please, come forward, state your name and address. John Anderson signed up against. Anderson: Council, my name is John Anderson. I live at 120 North Nola Road. I must be the bad neighbor. Right here in that property. That's mine. It sounds like they are Meridian City Council March13, 2007 Page 40 of 49 • going to try and clear up the drainage. They talked about everything I came up to talk about. What occurred last summer that caused the flooding was -- Dan, I believe it was you -- one evening when it was pouring down rain -- they have reshaped all this property. It's now all draining towards my property. It's going into a ditch that used to probably carry that much in land and it would come back in. Since they have piped all this along here and they piped it on my property to go back in that ditch, it can no longer do it. They put the pipe in too high. My ditch now builds up in the borrow pit and it takes about, oh, I don't know, a foot and a half or two foot of height to even get back in the ditch that used to freely flow in there when it was all open. It was engineered properly, it was not completed and constructed correctly. The fence issue -- I just feel really compelled to talk about this. Part of the trade off when they came in is they allowed them to move the structure onto my property. It used to be on their property. Part of the agreement was they set the fence posts on the line where I was to build my fence. They set a railroad tie there and there. I built my fence. Brand new fence. I came home last fall -- fall before last, took my wife up to a funeral, they had my fence halfway down. Well, it was all the way on the ground and they were starting to pull posts. They told me the City of Meridian instructed them to do that to put up their wooden cedar fence. I went down to the city to stop. I was pretty angry and went down to the city. The city said, oh, no, we didn't tell them to do that. So, I don't know what I did wrong, other than I live there and I put the fence exactly where their engineers and their surveyors put those posts in there, I didn't set them. So, that was another issue. So, back on the drainage, what I witnessed here last year during a big rainstorm, they came in with afour-wheel drive truck and they went up and down and up and down and up and down and up and down the hill and made corrugates. I'm out there screaming at them going it's pouring rain, you're going to drop a bunch of water in that ditch, it can't handle it. And it did. It came a pouring down. I would guess conservatively 40 miner inches, maybe more -- probably more than that, which is somewhere around 280 gallons a minute, if you can picture this, and he came on over and said, well, we got to shovel out your ditch and, yeah, you bet you do and by then it's flooding across the fence. That ditch was never meant to handle that. It was only meant to handle what little bit of irrigation water came off the hill when that property irrigated. I have lived there since '92. Very seldom in all the time it was irrigated prior to the development did I see this ever fill up with water, let alone have any water at all. All the trees on that driveway have died due to lack of water. Come over and see for yourself. We got some re-growth going back. The pipeline that was installed, I don't believe it was by the same original people that -- he's had about three different sets of people in there to fix that. It was installed improperly. They put in piping, I think they have resolved it, but personally I went upwards of 30 days more than once trying to accommodate these guys to be able to put their pipeline back in place, it just kept failing. I work for an imgation district, Nampa-Meridian Irrigation District. This impacts our district, too. This is what -- the end of the Barker Lateral. Every time we had to do this we really had to hustle to move water. It impacts a lot of people. So, if -- I really oppose you guys taking any regulation and restriction off these guys. I think they need to be watched, they need to be watched closely and held accountable for their actions what they are doing out there. Thank you. I took more than three minutes. Sorry about that. Meridian City Council Marchl3, 2007 Page 41 of 49 i Borton: Thank you, Mr. Anderson. Anderson: Anybody have any questions? Borton: Any questions? • Zaremba: Mr. President, I would just have a comment. I remember from when this project first came to Planning and Zoning, there was a letter from you stating that just this kind of thing was a possibility and I'm sorry that it has come to pass. We thought that through state laws and other things this problem should be prevented, but you identified the possibility of this a long time ago -- Anderson: It occurred. Zaremba: -- and I'm sorry that it appears that it has happened. Anderson: Thank you. Borton: Weldon Stutzman signed up for. Those are the only individuals who signed up to provide testimony. Is there anyone else that wishes to provide testimony on this application? Grady: Mr. President, I may have some clarifying information. We did do a little bit of site inspection this afternoon as we became aware of a drainage issue. What we noticed is in the storage shed area there is some future drainage beds, which may or may not have been installed. We can't really tell, but all vegetation in that northern area has been stripped away. That probably can't help the whole drainage issue and that's kind of what we were getting at is we really need to get a site plan -- we did speak with the engineer of -- on record and she said, no, that this hasn't -- some of these areas haven't been designed yet. That was her impression. So, really, we need to pull it all together and our proposal was prior to any building permits or whatever criteria you see fit, so -- Borton: Okay. Thanks, Len. Council, any questions of staff? Canning: Sir? Borton: Anna. Canning: I did want to admit to one thing. We did issue a couple building permits in error, obviously. That's why the building permits are in progress out there. It was during the transition to the new staff and some of them didn't know about looking at development agreements, but they all are picking up quite quickly on things like that, so -- and they did catch it on subsequent submittals, so -- and we apologize that that didn't come to you sooner or wasn't addressed exactly as it should have been. • Meridian City Council March13, 2007 Page 42 of 49 Borton: Appreciate you sharing that, Anna. Question for Mr. Baird. Is there -- if the application concerns Conditional Use Permit requirements, is there any rules that prevent us from amending another section at the same time? 6.3 drainage is not really what brought us here. Baird: Mr. Chair and Members of the -- Mr. President and Members of the Council, the development agreement is before you tonight and it is your opportunity to address the issues that have been raised in front of you. You do have the discretion. Borton: Okay. Would the applicant care to come forward with any final comments or testimony? Swigg: This area right here has -- Borton: Could you, please, state your name again. Swigg: Oh. Dan Swigg. 2127 Overland Road, Boise, Idaho. These areas -- these three lots right here -- they really haven't done anything to those. We do have an approval from the city to do the roadway. I believe. Is that correct, Dave? I know I paid the permit on it. And take care of a lot of these drainage issues that we have been having and develop these lots. With the rainy season coming, if we tie these up in a -- in a -- if we go through a three or four month CUP process for this building lot, it's going to take us even longer to get these drainage issues resolved. When we do build these lots like we did these, we put in the roads and parking lots, the building, and all that drainage is contained and piped into a drainage bed underneath. This is not -- none of this was developed. This was built up and compacted to 98 percent compaction and it - - you can't penetrate it with water and that was per the engineer's recommendations, because that lot is built up about eight foot higher than these lots right here. So, the quicker we can move on it, the quicker we can resolve all these issues and we have a couple more projects coming through and we will take care of those issues. I would like to state that it was the exact same contractor twice, not three times, but he did take care of his problem and fix that drainage issue. And I apologize for the phone. I turned it off. That's all I have to say. Borton: Thank you, Mr. Swigg. Any questions? Waldron: Yeah. I'd like to -- Borton: You've got to state your name. Waldron: David Waldron, Eagle, Idaho. I'm a little taken aback about this lack of cooperation, because I think it's just far far from being true. You know, we have tried everything we could. The fence that Mr. Anderson's talking about was a requirement of the city and we were moving forward to do that and the fence that was there was on our property and I actually contacted Mr. Anderson and said, you know, could you either move the fence or do you want us to do it for you. Well, you know, he just blew his Meridian City Council March13, 2007 Page 43 of 49 stack and -- but it was not -- you know, nothing we could do about it and I have done lots of projects, you know, I just want to go on record as saying that we were not -- we are not trying to be bad neighbors, you know, we are just trying to get our project done and as John was just mentioning, you know, we'd like to move forward and be able to develop out those three middle lots and I think that's been resolved -- any issues, so -- Borton: Thank you. Canning: President Borton? Borton: Anna. Canning: With regard to your -- I think concern about the noticing about adding 6.3 to it, there is some logic to the idea that you're just adding -- instead of requiring a Conditional Use Permit, you're adding a condition that applies to all lots. So, I mean I think we are just trying to balance the need for a Conditional Use Permit on all of them by adding some additional conditions. Borton: Okay. Thank you. Bird: Mr. President? Borton: Mr. Bird. Bird: Anna, you say we have mistakenly issued two building permits out there? Canning: Yes, sir. Bird: Can you red tag them and stop them until everything is done right? I know one's - - evidently, one's basically built. Canning: The applicant submitted in good faith. We in error approved it. Generally, in those cases we don't penalize them for our mistake. We don't make it again, but if it were a safety concern or a big concern to Council, we could proceed that way, I believe. I'm getting some nods from behind you, so I think I'm speaking correctly. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: If I could -- and, again, if my memory is helping, which sometimes it doesn't, I would ruminate on the subject of why the CUP requirement was put in there in the first place. As I recall, this was one of the first projects that had a mix of commercial space and residential space pretty well combined in the same application. It may not have been exactly the same, but they were pretty well presented at the same time. And also having frontage along Franklin Road, which may or may not have been officially Meridian Ciry Council March13, 2007 Page 44 of 49 established as an entryway corridor at the time, part of the reason for the CUP was because we had no design review process. There were a lot of new things about this subdivision as it was being presented and so some unknown things about how the future was going to develop around it. With the new Unified Development Code we have covered a lot of things that I think we thought were squeaky in this project to begin with. I would be perfectly comfortable substituting the CUP requirement for a design review requirement, since it's my recollection that that was the point of it in the first place. The water and drainage issue is a separate issue. I believe that needs to be resolved and we do need to put in some pretty strong wording that throughout the entire project there cannot be flooding onto neighbor projects however we solve that. Bird: Mr. President? Borton: Mr. Bird. Bird: And I think that's where -- that's my feeling of why you don't take away the CUP, is because that's how you can take and make sure the drainage and stuff is taken care of. I'm for leaving it just like it is and making sure that we adhere to the development agreement before building permits are issued. Borton: This is a Public Hearing. Is there any additional information we need from staff or the applicant? Canning: Sirs, one option we have got prior to issuance of the next building permit, but I don't believe occupancies have been issued, if that is a better solution for Council. Borton: Anna, are you suggesting that the 6.3 amendment reference that prior to issuance of an occupancy permit within the development the applicant shall -- Canning: It's a possibility. I don't know how close he is to completing it and how long the drainage plans would take to get approved and constructed is what it says now, so that would certainly light a fire under them. But it may not be fair to the person who is waiting to move in next week. Borton: In light of that, does the applicant have any comments on the proposed 6.3? Please come forward. And state your name. Swigg: Dan Swigg. Borton: Thank you. Swigg: This is a project that's under construction and this lot here. These two lots do have on-site draining. The parking lots are done. The drainage is installed. The roof drains are tied into those drainage systems, so -- we don't own this one and we don't own this one. But I think it would be unreasonable to put that requirement on these two people, since they already -- at least these six lots are already in compliance with the Meridian City Council March13, 2007 Page 45 of 49 drainage issue, it's just these three undeveloped lots that we haven't done anything with and we are working on taking care of that. That's all I have. Bird: Mr. Swigg? Borton: Mr. Bird. Bird: Where do those drain? Where does the drainage -- Swigg: Part of the overall plan is all these have underground drainage trenches put in in the parking lot and we haven't done anything with these three lots. They were just cleared and graded and the landscaping that was required was put in around the perimeter and that's all we have done with these three lots and this lot. Bird: Were are those drainage going to? Swigg: These go into underground drainage retention ponds. Bird: They have got retention ponds? Swigg: Well, retention swales underneath the ground -- Bird: Swales. Swigg: -- in the parking lot, so -- Bird: And they are staying right on the existing property? Swigg: Yeah. Yeah. If you look -- I have got a drawing here. If you look at the six lots, they are not there no more, but those are developed, they have curb, sidewalks, picnic areas, all the requirements for those lots. And we do -- we will correct the drainage problem and that's part of the next phase of development and, like I said, we already have a permit for that and it has been paid for, we just are waiting for Ada County to sign off on the plat -- Ada County to sign off on the plat, so we can finish that work Borton: Thank you. Bird: Thank you. Borton: Council, any additional information of staff or the applicant? I would entertain a motion on Item 19. Bird: I move we close the Public Hearing on MI 07-003. Zaremba: Second. Meridian City Council March13, 2007 Page 46 of 49 Borton: It's been moved and seconded to close the Public Hearing on Item 19. All those in favor say aye. MOTION CARRIED: ALL AYES. Borton: I'll throw out my thoughts. I don't have a problem with the staffs recommendation, both with adding the language to 6.3 that's referenced in the staff report and deleting I guess item five in the DA and changing it with the new requirement that -- that each lot within the subdivision be covered by the existing UDC and the design review standards that are set forth in that document. Zaremba: Mr. President that would work forme as well. Borton: Any other discussion, comment? Rountree: No. Bird: I have none. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I move we approve MI 07-003 regarding Sparrowhawk Subdivision to include all staff comments. Borton: I'd second. Any discussion? By reference to staff comments the items 6.3 and 6.1 amendment? Zaremba: Yes. As you have stated -- Borton: Okay. Zaremba: -- previously. Borton: Any other discussion? Seeing none, Mr. Berg. Roll-Call: Bird, nay; Rountree, nay; Zaremba, yea; Borton, yea. MOTION FAILED: TWO AYES. TWO NAYS. Rountree: Standoff. Where is the Mayor when you need her? Baird: You can certainly -- Mr. Chair and Members of the Council, you can certainly entertain another motion, but the motion passes because you have an even number on each side and nobody here to break a tie. So, you can attempt to make another motion Meridian City Council March13, 2007 Page 47 of 49 that would appease. You can continue it for a tie breaker. You can -- you have a range of options, except that you have made no decision at this point. Zaremba: The maker of the motion would consider alternatives. Someone else care to propose another motion? Rountree: Mr. President, I'll take a shot at it. Borton: Mr. Rountree. Rountree: All right. Mr. President, I move that we continue Public Hearing MI 07-003 until our next regularly scheduled meeting, which would be March 20th, and at that time we will take additional comments from the applicant as it relates to the engineering design and potential implementation date of a solution for, one, the drainage issue, and, two, the irrigation issue. Bird: Mr. Rountree, before I second that, your motion did state that we'd reopen the Public Hearing and continue it. Rountree: We would reopen the Public Hearing and continue it. Bird: Second. Borton: It's been moved and seconded to do what Councilman Rountree said. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Thank you. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I don't know that my motion necessarily stated that we open the Public Hearing. So, for clarification I move that we reopen the Public Hearing for a continuance until March 20th. Bird: I'd second that. Borton: That was incorporated into the motion and the vote. C~ Meridian City Council March13, 2007 Page 48 of 49 • Item 20: Ordinance No. 07-1302 AZ 06-060 Request for Annexation and Zoning of 5.01 Acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision by CTD Development -South of McMillan Road and East of Linder Road.: Borton: Item 20 is Ordinance No. 07-1302, Mr. Clerk. Berg: Thank you, Mr. President, Members of the Council. Ordinance 07-1302, an ordinance for annexation of property being situated in a portion of the northwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, R-15, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Borton: You have heard this ordinance read by title only. Anyone care to have it read in its entirety? Seeing none, Mr. Bird. Bird: Mr. President? Borton: Mr. Bird. Bird: If nobody wants it read in its entirety, I move we approve Ordinance 07-1302 with suspension of rules. Rountree: Second. Borton: It's been moved and seconded to approve Ordinance 07-1302. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Thank you. And to the two young ladies who have sat through the entire session, we have City of Meridian pins for you. Thank you for bearing with us, enjoying the evening. We will adjourn this meeting and, then, talk. I need a motion to adjourn. Bird: Mr. President, I move we adjourn. Rountree: Second. Meridian City Council March13, 2007 Page 49 of 49 Borton: It's been moved and seconded to adjourn. All those in favor`? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~1~-rn~ c:~a ~~~~ ~.TTESTE~' `'',o'~ r~s~. ss~d ' °° ~ '~0,~'!!lf19111 1111111```` ~3'„~` 1~11101111/1/~~ /, w° ® _ e ~ A~~s®'s /~ ,~~, "° ~~ a .~/ ~~ / ~ 7 DATE APPROVED G. BERG JR., ~~. CLERK March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 23, 2i~7 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTMER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of pubNc meettn~s sho!! become property of the Cfly of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of February 6, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha8 become properly of the Ct1y of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of February 13, 2~7 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matericla presented at pubflc meetings sha0 become properly of the Cittr of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-D REQUEST Approve Minutes of February 13, 2007 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become propery of the City of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Todd Asin ITEM NO. 5-E REQUEST Approve New Beer and Liquor License for Todd Asin dba Sa Wad Dee Thai Restaurant - 1890 E. Fairview Ave AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Mertdlan. COMMENTS See Attached Department Approvals March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Shirds Inc. ITEM NO. 5-F REQUEST Approve New Beer and Liquor License for Shirds, Inc. dba The Courtyards at the Mariotte Cafe Indigo - 1789 S. Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Department Approvals Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • • March 9, 2007 AZ 06-047 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Vacation Village Villas, LLC ITEM NO. 5-G REQUEST Findings for Approval -- Request for Annexation 8~ Zoning of 5.3 acres from RUT to L-O zone for Waverly Place Subdivision - 2510 E Magic View Courf AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~ Jy ~~ o4r~ F~ i r ~ 5~ _ ~t' pp y C 6'p'1 ~75~ I ~ ~ ~J _ ~, `~'! _ ~, r~ h ,~:~c ~~ aye ~{~ In the Matter of Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O; Preliminary Plat for 6multi-family residential building lots, 1 clubhouse building lot, and 3 common lots; and Conditional Use Permit for 24 multi-family dwelling units in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas. Case No(s). AZ-06-047, PP-06-049, & CUP-06-030 For the City Council Hearing Dates of: February 20th and February 27th, 2007 (Findings on the March 13th, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 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-06-047, PP-06-049, & CUP-06-030 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning to the L-O district as evidenced by having submitted the legal description prepared by D. Terry Peugh, PLS, stamped and dated February 17, 2006, is hereby approved; and, 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 3. T'he applicant's Conditional Use Permit as evidenced by having submitted the Site Plan dated July 12, 2006 and revised December 15, 2006, is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 ~ ~ and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 ~ ~ this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 20, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 ~" By action of the City Council at its regular meeting held on the ~ ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_~~~ VOTED_~~~~ VOTED_~~~~!~- VOTED_~~~~ VOTED ~~ -r .ty~1 , _ \_ Y o '////,//1/99991 11`111+`+,4` Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: ~L~ (1'°~ ti2~ Dated: ~ j /j ~`7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 STAFF REPORT Hearing Date: February 20, 2007 (Continued to February 27, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Waverly Place Subdivision • AZ-06-047 i ~~ ~r t9 t~ ` ~ ~ ~~ µ '~~ :;~, ``~..x.ti,.f~ ait-~ Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O zone • PP-06-049 Preliminary Plat of 6multi-family residential building lots, 1 clubhouse building lot, and 3 common lots on 5.3 acres in a proposed L-O zone • CUP-06-030 Conditional Use Permit approval for 24 multi-family dwelling units (6 four- plexes) in a proposed L-O zone 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Vacation Village Villas, LLC, has applied for Annexation and Zoning (AZ) of 5.3 acres from RUT (Ada County) to L-O (Limited Office); Preliminary Plat approval of 6multi-family residential building lots, 1 clubhouse building lot, and 3 common area lots; and Conditional Use Permit approval for 24 multi-family residential dwelling units (6 four-plexes) in a proposed L-O zone. This site currently contains one home, which is proposed to be removed. This property was previously platted in Ada County as Lot 6, Block 1, of Magic View Subdivision. This site is within the City's Urban Service Planning Area and our Area of Impact. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff recommended denial of the proposed Waverly Place Subdivision (AZ-06-047, PP-06-049, CUP-06-030) for the reasons listed in the Analysis of the Staff Report and the required Findings in Exhibit D. However, at the hearing on November 2, 2006, the Commission requested Staff to prepare findings and conditions of approval. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this project be continued until January 4, 2007 in order for Staff to prepare Findings and Conditions of Approval and for the applicant to submit revised plans. The original staff report did not contain Conditions of Approval because Staff was recommending denial of the project. Staff has now included Conditions of approval in Exhibit A and revised Findings in Exhibit C. Staff has amended some of the Analysis, Findings and Conditions in the revised report to reflect the Commission's direction. The substantial updates/changes to the staff report have been bolded. NOTE: Most of Staff's previous analysis has remained consistent with the original recommendation for denim recommend approval of the subject applications. to Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 a. Summary of Commission Public Hearin i. In favor: Becky McKay (applicant's representative) ii. In opposition: None iii. Commenting: Jim Flecker, Gene Fo and David Pearcev iv. Staff uresentinE application: Sonya Wafters v. Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion by Commission: i. The compliance of the proposed multi-family use with the UDC & Comprehensive Plan c. Kev Commission Changes to Staff Recommendation: i. Strike requirement pertaining to private streets and add requirement for common drives and adiacent 5-foot wide landscape buffers (see Exhibit B of the staff report, Condition 1.2.5) (staff requested this change) d. Outstanding Issue(s) for City Council: i. The compliance of the proposed multi-family development with the Comprehensive Plan (currently designated "Office" on the Fnture Land Use Mau) 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-047, PP-06-049, & CUP-06-030 as presented in the staff report for the hearing date of February 20, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 047, PP-06-049, and CUP-06-030 as presented during the hearing on February 20, 2007. (You should state reasons for denial of the Annexation request. You must state reasons for denial of the Preliminary Plat and Conditional Use permit requests.) Continuance Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 2 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 After considering all Staff, Applicant and Public testimony, I move to continue the public hearing for File Numbers AZ-06-047, PP-06-049, and CUP-06-030 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2510 W. Magic View Court Section 17, T.3N., R.IE. b. Owners: Vacation Village Villas, LLC 719 West Oakhampton Eagle, ID 83616 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting approval of annexation and zoning of 5.3 acres from RUT (Ada County) to L-O with a preliminary plat for 6multi-family residential lots and 3 common area lots, including a clubhouse lot, and conditional use permit approval for amulti-family development consisting of 6 four-plexes (24 units) in an L-O zone. 1. Date of Preliminary Plat (attached as Exhibit A2): October 3, 2006 2. Date of Landscape Plan (attached as Exhibit A3): October 2, 2006 3. Date of CUP Site Plan (attached as Exhibit A4): July 12, 2006 4. Date of Elevations (attached as Exhibit AS): July 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 16`" and October 30s', 2006 (Commission); January 29a'. 2007 and February 12a'. 2007 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: October 6~`, 2006 (Commission); Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 January 26th. 2007 (Gifu Council) f. Applicant posted notice on site by: October 21st, 2006 (Commission); February 10th, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Existing rural residence and associated land. b. Description of Character of Surrounding Area: A mix of single family residential, vacantlagricultural land, and office/commercial developments to the east and south (near Eagle Road and Interstate 84). c. Adjacent Land Use and Zoning 1. North: Single-family residences, Greenhill Estates Subdivision, zoned Rl (Ada County). 2. East: Existing rural residence on 5-acres, zoned RUT (Ada County). 3. South: Existing rural residence on 5-acres, zoned RUT (Ada County). 4. West: Single-family residences, Woodbridge Subdivision, zoned R-4. d. History of Previous Actions: Platted as Lot 6 of the Amended Magic View Subdivision in 1983. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer installed in E. Magic View Drive Location of water: There is currently water installed in E. Magic View Drive Issues or concerns: Abandonment of existing mains stubbed to this property that are not being extended. 2. Vegetation: Mature trees around the existing home. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: Staff is unaware of any ditches on this site. However any & all ditches on this site must be tiled. 5. Hazards: None. 6. Proposed Zoning: L-O 7. Size of Property: 5.3 acres f. Subdivision Plat Information 1. Residential Lots: 6 2. Non-residential Lots: 1 (for clubhouse) 3. Total Building Lots: 7 4. Common Lots: 3 (including clubhouse lot) 5. Other Lots: N/A 6. Total Lots: 9 7. Open Lots: N/A Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 8. Residential Area: 5.3 acres 9. Gross Density: 5.1 units per acre (6.4 net density) g. Landscaping 1. Width of street buffer(s): A 10-foot wide landscaped street buffer is required along E. Magic View Drive and along the local public streets proposed within the development per UDC 11-ZB-3. 2. Width of buffer(s) between land uses: A 20-foot wide landscape buffer is required along the west, north, and east property boundaries adjacent to existing residential uses per UDC 11-2B-3. 3. Percentage of site as open space: 16.36% or 0.765 acres 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). Landscaping installed within the required street buffer along E. Magic View Drive and the local public streets within the development shall comply with the standards listed in UDC 11-3B- 7, Landscape Buffers Along Streets. The required buffer adjacent to existing residential land uses along the west, north, and east property boundaries shall comply with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. h. Proposed and Required Dimensional Standards per the L-O zone*: Proposed Required Front setback (from ultimate right-of--way) 20 20 Rear setback 20 20 Interior side setback 10 10 Maximum Building Height 35 35 Applicant states that the max. bldg. height will only be 35' but the application form shows 40'. The proposed zoning allows a maximum building height of 35'; 40' is not approved. Maximum building size without design standard approval 10,000 square feet * No changes to the dimensional standards in UDC Table 11-2B-3 weYe Yequested and none are approved. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be provided from E. Magic View Drive, a public street, which currently exists to the east and west of the southern boundary of the site. The unimproved area on the southern boundary of this site in between the existing sections of E. Magic View Drive is currently within a 50-foot wide easement that grants general public use over the easement. The applicant is proposing to dedicate the entire 50 foot right-of--way required for this section of Magic View Drive by platting over the easement. The applicant has applied for approval of four internal public streets to serve the multi-family units within the development. Curb, gutter, and sidewalk is required along both sides of the internal public streets and along the north side of E. Magic View Drive. Please see ACHD report for details. Two 20-foot wide private streets are Qroposed to extend from the internal public streets for access to the units located on Lots 3 & 5. The applicant needs to submit an application for the private streets Said private streets should be constructed in accordance with the UDC standards (see Analysis below . 7. COMMENTS MEETING Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN ANALYSIS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), the Office land use designation is described as follows: "This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Additionally, as noted in the Residential districts section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of City Council " The residential section (page 101) that the previous underlined text refers to reads as follows: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or section line road and is 3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff believes that the applicant has interpreted the italicized and bolded portion of the above text to mean that office uses maybe appropriate in limited circumstances in residential zones, and that residential uses would also be appropriate for property with an office designation. Staff disagrees with this interpretation and asserts that the intent of this underlined portion was to state that other office areas/zoning maybe allowed in residentially designated areas, at the discretion of the Council, not that residential areas/zoning maybe allowed in office designated areas. Further, the intent was to allow the redevelopment of properties designated "Public/Quasi-Public," so long as the proposed use(s) are compatible with adjacent zoning districts. Such a request was only intended to be an option upon redevelopment of the subject property. The intent of the Amendment was not to change what is allowed in areas with a Comprehensive Plan designation of "Office." Staff believes that only commercial uses should be allowed in areas designated as office on the Comprehensive Plan Future Land Use Map, unless the zoning is already in place. Even if the applicant's interpretation were accurate, which Staff maintains is not the intent of the last sentence of the Office definition, this property is designated "office," not "residential," is greater than 3 acres in size, and does not have frontage on an arterial or section line road.. With that being said, UDC 11-2B-2 currently lists multi-family developments as a conditional use in the L-O zone. However, in order to be eligible to apply for a conditional use permit for multi-family, the property would need to akeady be zoned L-O, and again, the Comprehensive Plan text does not support residential uses on property with an office designation, only those already zoned L-O. Staff believes that when property is annexed into the City, it is appropriate to have the requested zoning designation closely match the requested land use (please see the Purpose Statement of Zone in Section 9 below). Otherwise, as was the case with the previous Zoning Ordinance and land use exceptions, the zoning map becomes an inaccurate depiction of what land uses are actually allowed for individual properties. Following this train of thought, the applicant should be requesting R-8 or R-15 zoning to coincide with the proposed multi- family development; both R-8 and R-15 districts are inconsistent with the Future Land Use Map. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists multifamily developments as a Conditional Use in the L-O zone. b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Four Districts aze designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. (NOTE: There is no mention of the commercial districts providing for the residential needs of the community.) 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION/REZONE ANALYSIS: Based on the "office" designation on the Comprehensive Plan Future Land Use Map and the text noted above on page 106 detailing the type of development encouraged within this land use category, Staff believes that annexing the subject property and rezoning it to L-O for the purpose of constructing amulti-family residential development does not comply with the desired future land use on this property. Staff believes that the proposed zoning of L-O is appropriate for this site, but that the land use associated with the development of this site (multi-family) is not appropriate. Please see the Comprehensive Plan analysis above in Section 8 and Exhibit D for a detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIIVIINARY PLAT ANALYSIS: Staff believes if the following conditions are met that the preliminary plat and landscape plan will meet the minimum requirements of the UDC. Staff believes that the design of the plat is in general conformance with the UDC. However, Staff believes that this is the wrong site for this development. Staff is providing this analysis, should the Commission and Council fmd that approval of the development is in the best interest of the City. 1. Landscaping: The applicant is proposing to set aside 0.765 acre (16.36% of the property) for open space which will include a 2,000 squaze foot clubhouse for the use of the residents. The plan appears to meet the open space requirements stated in UDC 11-4- 3.27C. Staff is supportive of the design and amenities of the proposed open space. Detached sidewalks with curb and gutter are proposed within the development adjacent to the public streets with trees planted within the parkways on Lots 1-7, Block 1. Attached sidewalks with curb and gutter aze proposed adjacent to the public streets on Lot 1, Block 2 and along the north side of E. Magic View Drive. Staff is supportive of this design. A 20-foot wide landscape buffer is required per UDC 11-2B-3 along the west, north, and east property boundaries adjacent to the existing single-family residential uses and shall comply with the standards listed in UDC 11-3B-9. Additional trees aze required in these buffers to result in a barrier that allows trees to touch at the time of tree maturity. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3B-7B. Trees are required at one per 351ineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All street buffers shall be located within a common lot, maintained by the homeowners owners association per UDC 11-3B-7C2. All landscaping must comply with UDC 11-3B: Landscaping Requirements. All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion of a storm event. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Mitigation shall be required for all existing trees that are 4-inch caliper or greater that aze removed from the site in accordance with UDC 11-3B10. Submit mitigation information for any of the existing trees on site that aze removed that are not exempt per UDC 11- 3B l OCSb on the landscape plan submitted with the final plat application. 2. Common Areas_ Maintenance of all common azeas shall be the responsibility of the Waverly Place Home Owners' Association. 3. Private Streets: Originally, the applicant proposed common driveways within this project. As shown, the drives did not meet the requirements of a common drive listed in UDC 11-6C-3D. Staff had concerns with this proposal as more than 4 units would be taking access from the common driveways. The UDC requires all properties that abut a common drive to take access from the common drive. Since the previous hearing, the applicant has amended the plat to show private streets instead of common driveways. The units on Lots 3 & 5, Block 1 aze now proposed to take access from private streets within sepazate common lots that extend from the public street system within the development If these accesses aze proposed to be private streets, the applicant shall comply with UDC 11-3F Private Street Requirements and submit a Private Street application. Currently, these access drives do not meet the UDC requirements for common drives or private streets. The design and construction standazds listed for Private Streets in UDC 11-3F-4 are as follows: A. Design standazds: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering azea for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standazds: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standazds of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Mazshal relative to the height and size of the proposed structures that adjoin the private street. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: A 6-foot tall vinyl fence is shown along the west, north, and east boundaries of the subdivision on the landscape plan A 3-foot tall wrought iron fence with stucco pilasters is shown along the south boundary adjacent to E. Magic View Drive; this fence must be constructed on or beyond the interior edge of the street buffer. Fencing details shall be submitted on the landscape plan with the final plat application. Perimeter fencing must be installed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Magic View Drive: The applicant will be required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 7. Sidewalks: Sidewalks are required and shall be constructed along both sides of the internal streets and along-the north side of E. Magic View Drive in accordance with UDC 11-3A-17. 8. Stub Streets: There is an existing stub street from Greenhill Estates Subdivision that borders the subject property at the northeast boundary. In the future, when this roadway stub is extended, it will lie directly adjacent to Lot 5, Block 1. Staffbelieves the proposed layout does not account for this future roadway extension and creates an inefficient use of the land, and near double-fronted lots. Staff recommends the design of this site should account for the future stub street extension by providing some connectivity, a pedestrian and/or street connection, and/or orienting some of the buildings along the east property line differently. UPDATE: The applicant submitted a letter dated December 15, 2006 stating that the recorded plat for Greenhill Estates Subdivision No. 2 delineates a 50-foot wide stub street (Hickory Way) along the north boundary of Magic View Subdivision. However, the stub street does not physically east; it is unimproved/unopened right- of-way. There are landscape improvements within the right-of-way. The applicant does not believe it is reasonable to believe that the stub street will be extended into the site, just east of the subject property. Even though the right-of-way is currently unimproved, the city's policy (as well as ACHD's) regarding stub streets is that they Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 should be extended. Staff continues to believe that the extension of Hickory Way in the future should happen. However, this discussion should occur when the adjacent 5-acre parcel develops. Until that time, staff recommends that the Commission and Council evaluate how this project will fanction if a public street is built just to the east. Dimensional Requirements of the L-O Zone: The maximum building height for the proposed buildings for this site is listed on the application form as 40 feet; however, the applicant states that the maximum building height will only be 35 feet per requirement of the zone. Per the L-O zone, the maximum building height allowed shall be 35 feet. The proposed development appears to meet all of the other minimum and maximum dimensional standards required in the L-O zone. 10. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. CONDITIONAL USE PERMIT ANALYSIS: 1. Multifamily Standards: UDC 11-4-3.27B: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The building envelopes shown on the site plan appear to meet the minimum setback requirements stated. However, as mentioned in the Preliminary Plat Analysis, Landscaping, above, a 20 foot wide land use buffer is required to adjacent residential districts. This impacts the proposed building locations on this site. The applicant submitted a letter dated December 15, 2006, that states that the site plan has been modified to include a 20-foot wide landscape buffer on the west, north, and east boundary of the subdivision. Staff is supportive of this proposal. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The site plan does not show trash receptacles. The applicant should include this information on a revised site plan and obtain approval from Sanitary Service Company for location of any dumpsters. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Staff does not have adequate information to determine if the project complies with this standard as submitted. The applicant should clarify at the hearing if the proposed development meets the minimum amount of open space required. The applicant clarified at the hearing that a minimum of 80 square feet of private usable open space will be provided for each unit. The applicant also submitted a floor plan that shows either a covered courtyard or a covered patio for each unit. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage azea, a central mailbox location, and a directory and map of the development at a convenient location. This development does contain more than 20 units; however, the applicant has not shown any of the afore-mentioned items on the site plan. The applicant submitted a letter dated December 15, 2006 stating that a property management office, maintenance storage area and central mailbox will be located within the clubhouse and will be included on the site plan. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide pazking as follows: for 1 bedroom units, there shall be two pazking spaces with one in a covered cazport or gazage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not spec~cally proposed any covered parking; however the submitted floor plans show garages on the multifamily buildings. Staff is unsure if the garages contain 1 or the required 2 parking spaces per unit; the applicant shall clarify this at the hearing. The applicant clarified at the public hearing that the garages for each unit will contain the required 2 parking spaces. f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qualifying amenities: 1. walking trails (recreation), 2. grassy area of at least fifty feet by one hundred feet in size (open space), 3. clubhouse with a fitness room (quality of life), and 4. children's play structures (recreation). 2. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 squaze feet or less of living space; 250 square feet for each unit containing more than 500 squaze feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 squaze feet in azea and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard. 3. Landscaping: Landscaping for this development shall meet the minimum requirements of UDC 11-3 Regulations Applying to all Districts, and the multi-family development landscaping requirements of UDC 11-4-3.27. 4. Refuse Areas: The site plan submitted with the application does not show dumpster locations. The applicant should coordinate with the Sanitary Services Company (SSC) for approval of all dumpster locations. All proposed refuse azeas shall be located in an azea not visible from a public street, or shall be fully screened from view from a public street per UDC 11-4-3.27. If the units are pulling their refuse to the curb, SSC will not use private streets or common drives for access. Therefore, a pad should be constructed for these areas, along the public street. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5. Multi-family Building Size: If the overall building size of the multi-family units exceeds 10,000 square feet, the structures will be subject to the design standards in UDC 11-3A- 19. Staff does not have the square footage of each of the buildings. However, the elevations submitted appear to meet the design standards, which are very similar to those required with multi family developments, the buildings exceed the above noted size. The applicant submitted a letter dated December 15, 2006, clarifying that none of the proposed buildings will exceed 10,000 square feet. 6. Elevations: Scaleable or dimensioned building elevations for the development are required showing construction materials. Elevations are required to meet the architectural standards set forth in UDC 11-4-3.27E. The elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited above, and the elevations submitted with the subject CUP, will be required with the future issuance of CZC's on this site. 7. Certificate of Zoning Compliance: A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. b. Staff Recommendation: Staff recommends denial of the subject applications, AZ-06-047, PP-06- 049, and CUP-06-030 based on the comments stated in the staff report regarding compliance with the Comprehensive Plan and the Findings of Fact as listed in Exhibit D. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this project be continued until January 4, 2007 in order for Staff to prepare Findings and Conditions of Approval. The original staff report did not contain Conditions of Approval since Staff was recommending denial of the project. Staff has included Conditions of approval in Exhibit A, and revised Findings in Exhibit C, within the staff report for the January 4, 2007 Commission hearing. The Meridian Planning and Zonins Commission heard these items on November 2, 2006, and January 4, 2007. At the January 4a' public hearing they moved to recommend aAnroval of the subiect apulications. 11. E~~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October 3, 2006) 3. Landscape Plan (dated: October 2, 2006) 4. Site Plan (dated: July 12, 2006, revised December 15, 2006) 5. Elevations (dated: July 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2Q, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Power Company C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code 1. Annexation Findings 2. Preliminary Plat Findings 3. Conditional Use Permit Findings Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 2. Preliminary Plat - ~~~ __. m`~"~'i o~~ `~ 3 '-•_ eea•~Y ~`~.r°'~~p~ ' tea: ~ ~mm1~(, ~ar~i 0I , ~ 511 f/If3 ~1Y.IOk~e FT PIM1~r$Rai' + ;Y:Y6 ~p ~ ~ ~~ ~ ~.~ ° ~ v ~ ~~ y~i A} Y b ~ W , ~. Yletll {~ /~ ~ A+4~~ai ~ ~ ~~ {p~ l p ~~ ~-,~ ~ a 4 ~.~~ p~~ B~ ~GR ',~a. tam +mm aa~s ~_ $ n 8 ~~l~~i~~~~~ i~ ~~~ ~.~~~~~~ ~~~ ~~ ~ ~ ~ ; ~ =~ ~,3', ~6 ~~j a~~ ~:ill Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Landscape Plan (dated: October 2, 2006) r Q «,.v~,•~u r~rAa~mssss a 11 I i~C1IStl1IiIH{7,5~'d'Id 1~121'~1tbe1A ~~ ~ a~°w'a i i~ s Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 4. Site Plan x.v ~w`d. ea ~ygi~dow ~. ae~aaifi~s. ~ ' ~ mat aiola a~ ~ ~S4C" '°" a qc.w ~ r ~r r a' n~ w yn+ ~ ~ 9 uq+-rya ~. w ~I~'F~iYA ST' ~ ' to ~' ~4~~~ 4- ~ Ltl G _ p ~ b -. ` - ~ {,~. ~" ~ ~1~~~4Y9Q c , : ~ ~R il~~S~~~~1'~~ ~ _ ~ •~ i ~~_ ~y ~~ 1 mm 0~~ ~t+~'f _ I ~ ~~~ tAa Kyb~g ~~6~ ~~Sa9~~EE 9 ~ ~ ~ ~ r ~Il~~r~~ ~a~ ~ ~ ~ ~ ~ ~aA ~ » . ~}~a~acc, ~.. BDt~l~~ ~m-w°- 1° r i ~, a~ t ~ + + ~ ~ ~ `~ arrsa~ ~~ ~ 1 ,~ ~g j w - A y 1 1 i ~ ~~I ~'~ ~ ~ ~ { -_ ~ ~' ca 1. f L__ ~ i.. J P ai ~ 1 h _ ~ p~ ~r - I ,~~ (r~(f ~ ~ 1 e ~ ~, ~, ~~ ~~~ ~ ~' N ~_ ~ V J~ ~ ~ ~ -~~ 1 .____ ;~, g 4 ~~t I ~:~~ ~~1 ,. ~ ~'~ i ~ ,. _,~ e ~ +{ ~ ' ' dg ~ p! •.. ,.. ,_ }i 1 f e' 1 ~" c Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5. Elevations (dated July 12, 2006) ~ ~~ ®. 47! ®.wr,-t~du ... ~... ~~~6~@ ~t~1fQS ~..~~o.. ~~~ ~.... ~~ }~~ r I ~' I ~~ A•2,1 Exhibit A o.ev®srasu a. ~..,. 1tlt61e ~arsfaau ... ,...P CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY Z0, 2007 _ ml_~ m_=_~___ ~J ~' r + ' ` P6~TI4Y. P40lu't ~[vv®rtGL^ rte. - ~..~ V ~~q~V~lC7'c5 ~" ~,.~m~ 4u.sse ~~ 9~ ~~~ A~2:,1 Exhibit A RIQO~N'/IN4R tLttta,4~- sere ~..: ~~ r ..-asiau CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Clubhouse Elevation _- ~ _ _- _-_ - ; _- '~ _ 3-4 ., T''- : - Exhibit A i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION AND ZONING COMMENTS (AZ-06-047) 1.1.1. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-049) 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated October 3, 2006 is approved and shall be revised per the conditions stated in Exhibit B of this staff report. All comments and conditions of the accompanying Annexation and Zoning (AZ-06- 047) and Conditional Use Permit (CUP-06-030) applications shall also be considered conditions of the Preliminary Plat (PP-06-049). 1.2.2 The landscape plan prepared by Glancey Rockwell & Associates, on October 2, 2006, labeled Sheet #LS-1 is approved with the following modifications/notes: a. Per UDC 11-2B-3, provide a 20-foot wide landscape buffer along the west, north, and east property boundaries adjacent to the existing single-family residential uses in compliance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. b. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3B-7B. Trees are required at one per 351ineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All landscaping must comply with UDC 11- 3B: Landscaping Requirements. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 Provide 6-foot tall vinyl fencing along the west, north, and east boundary of the development and 3-foot tall wrought iron fence with stucco pilasters along the south boundary, as proposed. The fencing along E. Magic View Drive shall be constructed on or beyond the interior edge of the street buffer. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.4 The applicant is required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 1.2.5 ia~iari.- i~9.,-tXi-t.~at~-ctrP~' lAt-C-'tc_7a~ ~~ •~ +11 T +~ 2 .,..a c nt,.,.t_ ~ n___.___~___ _r - - ---- - ~_ .., ..__.,.,~ ~. ~..,...~..........ra-o~ . The applicant shall construct a common drive on Lot 3 to serve the units on Lot 4 and a common drive on Lot 6 to serve the units on Lot 7 in compliance with Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 common drive standards. In accordance with UDC 11-3B-SC ,provide a minimum five foot wide common area landscaue strip on the south side of Lot 3 and on the west side of Lot 6 1.2.6 All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion of a storm event. 1.2.7 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.9 Maintenance of all common areas shall be the responsibility of the Homeowners' Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-049) 1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. All standards of installation should apply as listed in UDC 11-3B-14. 1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.6. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL USE PERMIT REQUIlZEMENTS (CUP-06-030) 1.4.1. The site plan labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated July 12, 2006 is not approved with the conditions noted in Exhibit B. At least 10 days prior to the City Council hearing, the applicant shall submit 10 full-size copies, one 8.5" x 11"copy and jpg and Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 pdf copies of a revised site plan that reflect the conditions noted in herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-047) and Preliminary Plat (PP- 06-049) applications shall also be considered conditions of the CUP (CUP-06-030). 1.4.2. Provide a minimum 10-foot building setback per UDC 11-4-3.27B, unless a greater setback is otherwise required by the UDC. 1.4.3. Provide a 20-foot wide landscape buffer adjacent to the existing single-family residential uses on the west, north, and east boundary of the proposed subdivision in compliance with UDC 11-3B- 9C. 1.4.4. Show the locations of the proposed trash receptacles on the site plan. Trash receptacles shall be screened from view and locations shall be approved by Sanitary Service Company. 1.4.5. Provide a minimum of 80 square feet of private, usable open space for each unit in compliance with UDC 11-4-3.278B. Show open space for each unit on the site plan. 1.4.6. Include on the site plan, the location of the property management office, maintenance storage area, central mailbox location, and directory and map of the development at a convenient location within the development. 1.4.7. Include 2 parking spaces within a garage for each unit on the site plan in compliance with UDC 11-4-3.27B. 1.4.8. Provide a minimum of 350 square feet of common open space for each unit containing more than 1,200 square feet of living space that complies with UDC 11-4-3.27C. 1.4.9. Submit scaleable or dimensioned building elevations for the proposed units, showing construction materials, which comply with the architectural standards set forth in UDC 11-4-3.27E with each Certificate of Zoning Compliance application for this site. All buildings constructed on the site shall be consistent with the elevations submitted. 1.4.10. A Certificate of Zoning Compliance is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. 1.4.11 This property shall be subdivided prior to issuance of Certificates of Zoning Compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E. Magic View Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 There is a sewer main stubbed to this site that the plat does not show as being utilized. The applicant shall coordinate with Public Works staff during plan review an acceptable solution to abandoning this line. 2.3 Water service to this site is being proposed via extension of mains in E. Magic View Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 There is a water main stubbed to this property that the plat does not show being extended. The applicant shall be require to remove the blow-off and install a fire hydrant in this location, unless Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 it is to be extended and connected to provide a looped system. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has indicated that the Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system in this development, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The Nampa and Meridian Irrigation District requires their pump stations to be placed on a separate lot dedicated to the District. The applicant shall revise the plat to show the proposed pump station to be on a separate lot. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DErARTMEN'r 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 The proposed multi-family lot has an estimated units with a total estimated population of residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.7 The first digit of the ApartmendOffice Suite shall correspond to the floor level 3.8 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.10 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.11 There shall be a fire hydrant within 100' of all fire department connections. 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.13. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.14. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 Locate address signs for Lots 3 & 5 at the entrance to these lots so that they are viewable from the public street. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 Irrigation consisting of rainbird high speed gear drive rotors for infields is required for ALL skinned infields on the school property. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONIDTIONS OF APPROVAL 7.1.1. The applicant is required to dedicate 50-feet ofright-of--way for Magic View Drive by executing a warranty deed of trust and granting the right-of--way to the District. 7.1.2. Construct Magic View Drive as one half of a 36-foot street section within 50-feet ofright-of--way, complete with vertical curb, gutter and 5-foot concrete sidewalks on the north side of the roadway. 7.1.3. Vacate or improve the unopened right-of--way at the southeast property line. 7.1.4. Construct South Fiddle Way as a 34-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot concrete sidewalk. Provide a minimum 21-foot street section on either side of the island in the entry road. 7.1.5. Locate and construct the roadways as 34-foot street sections within 50-feet ofright-of--way complete with curbs, gutters and 5-foot concrete sidewalks. 7.1.6. Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5. Comply with the District's Tree Planter Width Interim Policy. 7.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 7.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIlVE (1-800-342-1585) at least two fiill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. IDAHO POWER COMPANY 8.1 The applicant shall contact the Idaho Power Company Operations Center with a formal request for service for this property. Existing infrastructure may possibly need to be upgraded in order to provide electrical services to this development. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 C. Legal Description & Exhibit Map IDAHO _ SURVEY CR©UP Projcet Mo. 05.319 .~tnexation Deserlptloa Lot 6, Amended Magic Vier Snbdlr•Ision Proposed Village V plea: Snbd~ivision 1454 lase VYatertower Si. Suite 130 t~eritl7an. I~ho $3642 Pi~ane (208) 848-BSr~u Fax (208) 8fl4-5399 February l7, 2004 Lot 6 of Amended Magic View Snbdistision and a portion of E. Magic View Delve located in the South 112 of the NE I!4 of Section 17, T.3N., R, lE:, B.M:, Ada County, Idaho, as same is recorded is Book S2 of Plats at Page 4445, records of Ada County. Idaho, more particularly described as follows: Commencing at the East l /4 comer of said Section 17, Gum which the Northeast comer of said section bears North tl0°?2' 14"' Rest, 2652.96 feet; Thence North OOa22' ] 4" ~~est, 1326.39 feetr Thence North 8957'30" West, 2088.18 feet to the Northeast cnnaer of said Lot 6lyng on the South boundary of Greenhill Estates Subdivision No. 2, ~ same is recorded in Book 35 ofPlats at Page 3002. records of Ada County, Idaho, said ism being the REAi. POINT OF BEGINNING. Thence along the East line of said Lot b a~ said !me extended South 2° 15' 12" Nest, 510.79 feet to a point on the North line of Lot 7 of said Amended Magic View Subdivision; Thence along said North line Nori$ 80°0$°34'° West, 480.83 feet to a point oh tF-e East boundary of Snorting Bup Subdivision Phase 2, as same is recorded in Book S4 of Plats at Page 931$, records of Ada County, Idaho; 'Thence North 00°x2'32'° East, 426.74 feet to the Northeast Comer of said subdivision lying on the South boundary of Gre~hill Estates Subdivision, as same is rceorded in Book 3S of Plats at Page 3000, recrnds of Ada C'aunty, Idaho; Thence slang the said South boundary and the South boundary of said Greenhill Subdivision No. 2 South 8957'30" Fast, 500.87 feet to the PoitR ofBeginning. Containing 5.30 acres, more or less. ~ --- 119t 1 ? ~~ gNp Prepare. By; Idaho Simaev D. Tray Prot~s~lcsnat ltarecl Saar~eps~rs Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 d+ t ~ YT ~ {d ,e, r ~~ 1 ~~ A~p~ r~jlrti'1't 5 89'S?'3p" E SMl.BT - n~ +~-~ t ~~, ti~~ p9' ~ 1 ~6[Fa~ . ~~ QF BE~YNMUn - - -- { I ~ ~ ~~ ' r ~ y t ( 8] O d~ ~ I ~ i~ ¢ ~1 I ~ ' ~ v z i i ~ i Q ~ i I ~ is +'~'~ ~, ~ ~ ''~ m - ai ~ N ~ . _ _ - ` 1 iD _-_ ~ _ _ 7_ _~ ~EJEB STR_ _ ~ if/ I AAA f P '~ _ f -' , _ - _ ? ~~ ~ ~~ _ - - - ~- ,' [ 7 s~': 4 - - ~ . _ 9Pxg3 ~~]] ~ (tea 4i 11 L `.~ ~'rs s --. _ _ ~ `h -- ~ J~- ___ __ ---- y ~~_ - _ -- - __ _ 'R Jr ~yyi~gy~r°' ~I - 7 '- ~' , l ~ ~ 6. SYV'~d Vp'v°*:rC~ Cf'~ ~~ , ~~ ~'AV"ERL~ PY.A.CE S~JBDIYISION ill ~GIAfEERlA~6 ~, ~ ~,~~, ~~Pas~ ~E~o~N ~rvrv~caT~an~ e~'aL+gT/~l Y!S~ 4'P~ t of 1 A (,d861c"~QEN +}F'~i6, Rplfdd17~7j 154aF°.'JIE1g SU'*~'~,.'1i5?~N - h~ G ~tE:B - °~OCaT® Rd THE ~ l f d ~f TNF tlE 1 Jt 0P ~CStCtd 17, T3ht, R 1G, ~.A~.. k.'•'HIIIIfN, ALtd ~3UNYY, ~A'¢I F~ E, : 8.•54e t8i~'rl-9R1 _ FSmf QR86 °n ~. iee t96S5 6G:m'.. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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. Staff believes that the proposed amendment does not comply with the comprehensive Plan. However, the City Council fmds that the proposed zoning map amendment does comply with the Comprehensive Plan Future Land Use Map and all applicable provisions. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Multi-family residential developments are listed as a Conditional Use in the L-O zone per UDC Table 11-2B-2. If the applicant revises the plat to reflect the comments stated in the staff report, the development should meet the standards of the L-O zone for the proposed use. The City Council finds that the proposed map amendment complies with the proposed zoning district and its purpose statement. Please see Section 8 of the staff report for detailed analysis on the 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 fmds that the proposed zoning amendment and subsequent development of this property will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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 all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The City Council finds that Annexation and Zoning of this property to L-O for amulti-family development would be in the best interest of the City. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed use of the property as amulti-family development complies with the adopted Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See fmding items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 5. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC for the proposed use. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the proposed L-O zone meets the objectives of the Comprehensive Plan. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council fmds that the building height, parking layout, landscape buffer widths (as revised per staff comments), and other dimensional standards shown in the application generally comply with the UDC. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development may not adversely affect other property in the vicinity if the applicant complies with all comments listed in the analysis section of the staff report and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will increase with this development; ACRD has reviewed the application and placed special conditions on the applicant. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Meridian Fire Department and other agencies. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The City Council finds the future buffer between land uses along the property boundaries adjacent to residential uses will help to mitigate noise, fumes and glare created by the additional traffic. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of maj or importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D March 9, 2007 PP Ob-049 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Vacation Village Villas, LLC ITEM NO. S•H REQUEST Findings for Approval -Request for Preliminary Plat approval of 6multi-family residential bldg lots consisting of 24 multi-family units, 1 clubhouse bldg lot and 3 common/other lots an 5.3 acres in a proposed L-O zone for Waverly Place Subdhrision - 2510 E Magic View Court AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS Ses Flndings in AZ Packet MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at pubflc meetings shall L~eCOme properly of the Cffi- of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r ~'~7w rti~ Y V 1 IIJ.\FIC} T~ r .~- Y In the Matter of Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O; Preliminary Plat far 6multi-family residential building lots, l clubhouse building lot, and 3 common lots; and Conditional Use Permit for 24 multi-family dwelling units in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas. Case No(s). AZ-06-047, PP-06-049, &CUP-06-030 For the City Council Hearing Dates of: February 20`~ and February 27t~, 2007 (Findings on the March 13a', 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February Z0, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) $. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council 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-06-047, PP-06-049, & CUP-06-030 4. Due consideration has been given to the comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning to the L-O district as evidenced by having submitted the legal description prepared by D. Terry Peugh, PLS, stamped and dated February 17, 2006, is hereby approved; and, 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 3. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan dated July 12, 2006 and revised December 15, 2000, is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a f nal plat within. two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted ixr accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-O6-049, & CUP-06-030 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 20, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & CUP-06-030 By action of the City Council at its regular meeting held on the ~ ~~ day of 2007. COUNCIL MEMBER DAVID ZAR.EMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_~~~ VOTED_~~~ VOTED_~~~~!~-- VOTED_~~~ VOTED `"~~``` '~~~~~ii1H-rn nN~t~~~~~~ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. r By: '~~~~ (1'( ti~1~ Dated: ~~ /.~ ~~7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-06-047, PP-Ob-049, &CUP-06-030 CITX OF MERIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 STAFF REPORT Ilearing Date: February 20, 2007 (Continued to February 27, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner {208) 884-SS33 SUB7ECT: Waverly Place Subdivision • AZ-06-047 Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O zone • PP-06-049 Preliminary Plat of 6multi-family residential building lots, 1 clubhouse building lot, and 3 common lots on 5.3 acres in a proposed L-O zone CUP-06-030 Conditional Use Permit approval for 24 multi-family dwelling units (6 four- plexes) in a proposed L-O zone 1. SYTMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Vacation Village Villas, LLC, has applied for Annexation and Zoning (AZ) of 5.3 acres from RUT {Ada County) to L-0 (Limited Offtce); Preliminary Plat approval of 6multi-family residential building lots, 1 clubhouse building lot, and 3 common area lots; and Conditional Use Permit approval for 24 multi-family residential dwelling units (6 four-plexes) in a proposed L-0 zone. This site currently contains one home, which is proposed to be removed. This property was previously platted in Ada County as Lot 6, Block 1, of Magic View Subdivision. This site is within the City's Urban Service Planning Area and our Area of Impact. 2. SUMMARY RECOMIVIENDATION The subject applications (AZ, PP, CUP) were submitted to the Planning Depar~nent for concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff recommended denial of the proposed Waverly Place Subdivision (AZ-06-047, PP-06-049, CUP-06-030) for the reasons listed in the Analysis of the Staff Report and the required Findings in Exhibit D. However, at the hearing on November 2, 2006, the Commission requested Staff to prepare findings and conditions of approval. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this pro,~ect be continued until January 4, 2007 in order fur Staff to prepare Findings and Conditions of Approval and for the applicant to submit revised plans. The original staff report did not contain Conditions of Approval because Staff was recommending denial of the project. Staff has now included Conditions of approval in Exhibit A and revised Findings in Exhibit C. Staff has amended some of the Analysis, Findings and Conditions in the revised report to reflect tLe Commission's direction. The substantial updates/changes to the staff report have been bolded. NOTE: Most of Staf, j'''s previous analysis has remained consistent with the original recomrHendation for dettia~ recommend approval of the subject applications. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 1 CITY OF MERIDIAN PLANMNG DEPARTMIIVT 5TAFF REPORT FOR THE HEARING PATE OF FEBRUARY 20, 2007 a. Summary of Commission Public Hearin i. In favor: Becky_McKav (applicant's representative) ii. In opposition: None iii. Commentina: Jim Flecker. Gene Fog, and David Pea_rcev iv. Staff presenting application: Sonya Natters ~ ~~ v. Other staff commentins on application: Caleb Hood b. K_ey issues of Discussion by Commission: i. The compliance of the proposed multi family use with the UDC & Comprehensive Plan G Commission Chan es to Staff Recommendation: i. Strike requirement pertainine to private streets and add requirement for cs~mmon drives and adiacent 5-faot wide landscape buffers (see Exhibit 13 of the staff report. Condition 1.2.5 tstaff'reauested this change) ~~ d. Outstandinu Issue(s) for Citv Council: i. The compliance of the proposed multi-family development with the Comprehensive Plan (currendy desisnated "Office" on the Future Land Use Mau) 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-047, PP-06-049, & CUP-06-030 as presented, in the staff report for the hearing date of February 20, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.} Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 047, PP-06-049, and CUP-06-030 as presented during the hearing on February 20, 2007. (You should state reasons for denial of the Annexation request. You must state reasons for denial of the Preliminary Plat and Conditional Use permit requests.) Continuance Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF FEBRUARY 20, 2007 After considering all Staff, Applicant and Public testimony, I move to continue the public hearing for File Numbers AZ-06-047, PP-06-049, and CUP-06-030 to the hearing date of {insert continued hearing date here) for the following reason{s): (State specific reason{s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2510 W. Magic View Court Section 17, T.3N., R1E. b. Owners: Vacation Village Villas, LLC 719 West Oakhampton Eagle, II7 83616 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting approval of annexation and zoning of 5.3 acres from RUT (Ada County) to L-0 with a preliminary plat for 6multi-family residential lots and 3 common area lots, includuag a clubhouse lot, and conditional use permit approval for amulti-family development consisting of 6 four-plexes (24 units) in an L-O zone. 1. Date of Preliminary Plat (attached as Exhibit A2): October 3, 2006 2. Date of Landscape Plan (attached as Exhibit A3): October 2, 2006 3. Date of CUP Site Plan (attached as Exhibit A4): July 12, 2006 4. Date of Elevations (attached as Exhibit AS): July 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by Gity Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unifies Development Code Title 11 Chapter 5 Article $ Section 6, a public hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 16~' and October 30~, 2006 (Commission); January 29~. 2847 and Februsrv 12m. 2007 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: October 6`~, 2006 (Commission); Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF FEERUARY 20, 2007 Jannarv 26t6.2007 (Gifu Councill f. Applicant posted notice on site by: October 2l~`, 2005 (Commission); Febrnary 1pa'. 2007 (City Conncill 6. LAND USE a. Existing Land Use(s): Existing rural residence and associated land. b. Description of Character of Surrounding Area: A mix of single family residential, vacant/agricultural land, and office/commercial developments to the east and south (near Eagle Road and Interstate 84). c. Adjacent Land Use and Zoning 1. North: Single-family residences, Greenhill Estates Subdivision, zoned Rl (Ada County}. 2. East: Existing rural residence on ~-acres, zoned RUT (Ada County). 3. South: Existing rural residence on 5-acres, zoned RUT (Ada County). 4. West: Single-family residences, Woodbridge Subdivision, zoned R-4. d. History of Previous Actions: Platted as Lot 6 of the Amended Magic View Subdivision in 1983. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer installed in E. Magic View Drive Location of water: There is currently water installed in E. Magic View Drive Issues or concerns: Abandonment of existing mains stubbed to this property that are not being extended. 2. Vegetation: Mature trees around the existing home. 3. Floodplain: NA 4. Canals/Ditches/irrigation: Staff is unaware of any ditches on this site. However any & all ditches on this site must be tiled. 5. Hazards: None. 6. Proposed Zoning: L-O 7. Size of Property: 5.3 acres f. Subdivision Plat Information 1. Residential Lots: 6 2. Non-residential Lots: 1 (for clubhouse) 3. Total Building Lots: 7 4. Common Lots: 3 (including clubhouse lot) 5. Other Lots: N/A b. Total Lots: 9 7. Open Lots: N/A Waverly Place Subdivision AZ-0b-47, PP-0b-049, CUP-06-030 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 8. Residential Area: 5.3 acres 9. GLOSS Density: 5.1 units per acre {6,4 met density) g. Landscaping 1. Width of street buffer(s): A 10-foot wide landscaped street buffer is required along E. Magic View Drive and along the local public streets proposed within the development per UDC 11-2B-3. Z. Width of buffer(s) between land uses: A 20-foot wide landscape buffer is required along the west, north, and east property boundaries adjacent to existing residential uses per UDC 11-2B-3. 3. Percentage of site as open space: 16.36% or 0.765 acres 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (LJDC 11-3G-3E2). Landscaping installed within the required street buffer along E. Magic View Drive and the local public streets within the development shall comply with the standards listed im UDC 11-3B- 7, Landscape Buffers Along Streets. The required buffer adjacent to existing residential land uses along the west, north, and east property boundaries shall comply with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. h. Proposed and Required Dimensional Standards per the L-Q zone's: Proposed Required Front setback (from ultimate right-of--way) 20 20 Rear setback 20 20 Interior side setback 10 10 Maximum Building Height 35 35 Applicant states that the max: bldg. height will only be 35' but the application farm shows 40 : 7Tie proposed zoning allows a mmrlmum building hetght of 35 ; 40' is not approved Maximum building size without design standard approval 10,000 square feet ~` 1Vo changes to the dimensional standards in UDC Table 11-28-3 were requested and none are approved. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be provided from E. Magic View Drive, a public street, which currently exists to the east and west of the southern boundary of the site. The unix~aproved area on the southern boundary of this site in between the existing sections of E. Magic View Drive is currently within a 50-foot wide easement that grants general public use over the easement. The applicant is proposing to dedicate the entire 50 foot right~f--way required for this section of Magic View Drive by platting over the easement. The applicant has applied for approval of four internal public streets to serve the multi-family units within the development. Curb, gutter, and sidewalk is required along both sides of the internal public streets and along the north side of E. Magic View Drive. Please see ACRD report for details. Two 20-foot wide private streets are proposed to extend from the internal public streets for access to the units located on Lots 3 & 5. The applicant needs to submit an a»ylication for the~rivate streets. Said ,private streets should be construct _ in accordance with the UDC standards {see Anal below . 7. Cd)MMENTS MEETING Waverly Place Subdivision AZ-OS-47, PP-O6-049, CUP-06-030 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 On October 13, 200b Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN ANALYSIS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), the Office land use designation is described as follows: "This designation will provide opportunities for low-impact business azeas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Additionally, as noted In the Residential districts section of the Comprehensive Plan, Might office uses may be appropriate in limited circumstances and at the discretion of City Counci.~" The residential section (page 101) that the previous underlined text refers to reads as follows: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request offiice uses if the property has frontage on an arterial street or section line road and is 3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff believes that the applicant has interpreted the italicized and bolded portion of the above text to mean that office uses maybe appropriate in limited circumstances in residential zones, and that residential uses would also be appropriate for property with an office designation. Staff disagrees with this interpretation and asserts that the intent of this underlined portion was to state that other office areaslzoning maybe allowed in residentially designated areas, at the discretion of the Council, not that residential azeas/zoning maybe allowed in office designated areas. Further, the intent was to allow the redevelopment of properties designated "Public/Quasi-Public," so long as the proposed use(s) are compatible with adjacent zoning districts. Such a request was only intended to be an option upon redevelopment of the subject property. The intent of the Amendment was not to change what is allowed in areas with a Comprehensive Plan designation of "Office." Staff believes that only commercial uses should be allowed iua areas designated as office on the Comprehensive Plan Future Land Use Map, unless the zoning is already in place. Even if the applicant's interpretation were accurate, which Staff m~iY-t_a_inc is not the intent of the last sentence of the Office definition, ties property is designated "office," not "residential," is greater than 3 acres in size, and does not have frontage on an arterial or section line road.. With that being said, UDC 11-2B-2 currently lists multi-family developments as a conditional use in the L-O zone. However, in order to be eligible to apply for a conditional use permit for multi-family, the property would need to already be zoned L-O, and again, the Comprehensive Plan text does not support residential uses on property with an office designation, only those already zoned L-O. Staff believes that when property is annexed into the City, it is appropriate to have the requested zoning designation closely match the requested land use (please see the Purpose Statement of Zone in Section 9 below). Otherwise, as was the case with the previous Zoning Ordinance and land use exceptions, the zoning map becomes an inaccurate depiction of what land uses are actually allowed for individual properties. Following this train of thought, the applicant should be requesting R-8 or R-15 zoning to coincide with the proposed multi- family development; both R-8 and R-15 districts are inconsistent with the Future Land Use Map. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists multifamily developments as a Conditional Use in the L-O zone. b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Waverly Place Subdivision AZ-06-47, PP-05-049, CIJP-06-030 PA©E 6 CITY OF M$RIAIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF FEBRUARY 20, 2007 Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. (NOTE: There is no mention of the commercial districts providing for the residential needs of the community.) 10. ANALYSIS a. Analysis of Facts Leading to Staff Recoimnendation ANNEXATION/REZONE ANALYSIS: Based on the "office" designation on the Comprehensive Plan Future Land Use Map and the text noted above on page 106 detailing the type of development encouraged within this land use category, Staff believes that annexing the subject property and rezoning it to L-Q for the purpose of constructing amulti-family residential development does not comply with the desired future land use on this property. Staffbelieves that the proposed zoning of L-O is appropriate for this site, but that the land use associated with the development of this site (multi-family) is not appropriate. Please see the Comprehensive Plan analysis above in Section $ and Exhibit D for a detailed analysis of the required facts and findings for atmexatian. The annexation legal description submitted with the application (prepared on February 17, 2004 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIlVIINARY PLAT ANALYSIS: Staffbelieves if the following conditions are met that the preliminary plat and landscape plan will meet the minimum requirements of the UDC. Staff believes that the design of the plat is in general conformance with the UDC. However, Staff believes that this is the wrong site for this development. Staff is providing this analysis, should the Commission and Council find that approval of the development is in the best interest of the City. Landscaping: The applicant is proposing to set aside 0.765 acre (16.36% of the property) far open space which will include a 2,000 square foot clubhouse for the use of the residents. The plan appears to meet the open space requirements stated in UDC 11-4- 3.27C. Staff is supportive of the design and amenities of the proposed open space. Detached sidewalks with curb and gutter are proposed within the development adjacent to the public streets with trees planted within the pazkways on Lots 1-7, Block 1. Attached sidewalks with curb and gutter aze proposed adjacent to the public streets on Lot 1, Block 2 and along the north side of E. Magic View Drive. Staff is supportive of this design. A 20-foot wide landscape buffer is required per UDC 11-2B-3 along the west, north, and east property boundaries adjacent to the existing single-family residential uses and shall comply with the standards listed in UDC 11-3B-9. Additional trees are required in these buffers to result in a barrier that allows trees to touch at the time of tree maturity. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3B-7B. Trees are required at one per 351ineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All street buffers shall be located within a common lot, maintained by the homeowners owners association per UDC 11-3B-7C2. All landscaping must comply with UDC I 1-3B: Landscaping Requirements. All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion of a storm event. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T13E HEARING DATE QF FEBRUARY 20, 2007 Mitigation shall be required far all existing trees that are 4-inch caliper or greater that are removed from the site in accordance with UDG 11-3B10. Submit mitigation information for any of the existing trees on site that are removed that are not exempt per UDC 11- 31310CSb on the landscape plan submitted with the final plat application. 2. Common Areas_ Maintenance of all common areas shall be the responsibility of the Waverly Place Home Qwners' Association. 3. Prlvate Streets: Originally, the applicant proposed common driveways within this project. As shown, the drives did not meet the requirements of a common drive listed in UDC l l -6C-3D. Staff had concerns with this proposal as more than 4 units would be taking access from the common driveways. The UDC rewires all properties that abut a common drive to take access from the common drive. Since the previous hearing, the applicant has amended the plat to show private streets instead of common driveways. The units on Lots 3 & 5, Block 1 are now proposed to take access from private streets within separate common lots that extend from the public street system within the development ff these accesses are proposed to be private streets, the applicant shall comply with UDC 11-3F Private Street Requirements and submit a Private Street application. Currently, these access drives do not meet the UDC requirements for co»amon drives or private streets. The design and construction standards listed for Private Streets in UDC 11-3F~ are as follows: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal; a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNG DATE OF FEBRUARY 20, 2007 c. Sidewalks: Afive-foot {5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedeshian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with na parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. Lf a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 4-1-28. 5. Fencing: A 6-foot tall vinyl fence is shown along the west, north, and east boundaries of the subdivision on the landscape plan A 3-foot tall wrought iron fence with stucco pilasters is shown along the south boundary adjacent to E. Magic View Drive; this fence must be constructed on or beyond the interior edge of the street buffer. Fencing details shall be submitted on the landscape plan with the final plat application. Perimeter fencing must be installed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Magic View Drive: The applicant will be required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 7. Sidewalks: Sidewalks are required and shall be constructed along both sides of the internal streets and along the north side of E. Magic View Drive in accordance with UDC 11-3A-17. 8. Stab Streets: There is an existing stub street from Greenhill Estates Subdivision that borders the subject property at the northeast boundary. In the future, when this roadway stub is extended, it will lie directly adjacent to Lot 5, Block 1. Staffbelieves the proposed layout does not account for this future roadway extension and creates an inefficient use of the land, and near double-fronted lots. Staff recommends the design of this site should account for the future stub street extension by providing some connectivity, a pedestrian and/or street connection, and/or orienting some of the buildings along the east property line differently. UPDATE: The applicant submitted a letter dated December 15, 2006 stating that the recorded plat far Greenhill Estates Subdivision No. 2 delineates a 50-foot wide stab street (Hickory Way) along the north boundary of Magic View Subdivision. However, the stub street does not physically exist; it is nnimprovedlunopened right- of-way. There are landscape improveiaents within the right of-way. The applicant does not believe it ig reasonable to believe that the stub street will be extended into the site, just east of the subject property. Even though the right-of-way is currently unimproved, the city's policy (as well as ACHD's) regarding stab streets is that they Waverly Place Subdivision AZ-06-47, PP-06-049. CUP-Ob-030 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE Q>? FEBRUARY 20, 2007 should be extended. Staff continues to believe that the extension of Hickory Way in the future should happen. However, this discassion should occur when the adjacent 5-acre parcel develops. Until that time, staff recommends that the Commission and Council evaluate how this project will function if a public street is built just to the east. 9. Dimensional Requirements of the L-O Zone: The maximum building height for the proposed buildings for this site is listed on the application form as ~(? feet; however, the applicant states that the maximum building height will only be 35 feet per requirement of the zone. Per the L-O zone, the maximum building height allowed shall be 35 feet. The proposed development appears to meet all of the other minimum and maximum dimensional standards required in the L-~ zone. 10. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. CONDITIONAL USE PF,RMIT ANALYSIS: 1. Multifamily Standards: UDC 11-4-3.27B: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required. by the UDC. The building envelopes shown on the site plan appear to meet the minimum setback requirements stated. However, as mentioned in the Preliminary Plat Analysis, Landscaping, above, a 2Q-foot wide Band use buffer is required to adjacent residential districts. This impacts the proposed building locations on this site. The applicant submitted a letter dated December 15, 2006, that states that the site plan has been modified to include a 20-foot wide landscape buffer on the west, north, and east boundary of the subdivision. Staff is supportive of this proposal b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fiilly screened from view from any public street. The site plan does not show trash receptacles. The applicant should include this information on a revised site plan and obtain approval from Sanitary Service Company far location of any dumpsters. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Staff does not have adequate information to determine if the project complies with this standard as submitted. The applicant should clarify at the hearing if the proposed development meets the minimum amount of open space required. The applicant clarified at the hearlag that a minimum of 80 square feet of private usable open space will be provided for each unit. The applicant also submitted a floor plan that shows either a covered courtyard or a covered patio for each unit. Waverly Place Subdivision AZ-06-47, PP-06-049, CLIP-06-030 PAGE 10 CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT Fpit THE HEARING DATE OF FEBRUARY 20, 2007 d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox lacation, and a directory and map of the development at a convenient location. This development does contain more than 20 units; however, the applicant has not shown any of the afore-mentioned items on the site plan. The applicant submitted a letter dated December 1.5, 2006 stating that a property management office, maintenance storage area and central mailbox will be located within the clubhouse and will be included on the site plan. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide pazlcing as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not spec~cally proposed any covered parking; however the submitted floor plans show garages on the multifamily buildings. Sta, ff ids unsure tf the garages contalart 1 or the required 2 parking spaces per unit; the applicant shall clarify this at the hearing. The applicant clarified at the public hearing that the garages for each unit will contain the required 2 parking spaces. f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qualifying amenities: 1, walking trails (recreation), 2. grassy area of at least fifty feet by one hundred feet in size (open space), 3. clubhouse with a fitness room (quality of l fe), and 4. children's play structures (recreation). 2. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.270 which requires that open space be provided at the following rates: 150 squaze feet for each unit containing 500 squaze feet or less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in azea and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard. 3. Landscaping: Landscaping for this development shall meet the minimum requirements of UDC 11-3 Regulations Applying to all Districts, and the multi-family development landscaping requirements of UDC 11-4-3.27. 4. Refuse Areas: The site plan submitted with the application does not show dumpster locations. The applicant should coordinate with the Sanitary Services Company (SSC) for approval of all dumpster locations. All proposed refuse areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street per UDC 11~-3.27. If the units aze pulling their refuse to the curb, SSC will not use private streets or common drives for access. Therefore, a pad should be constructed for these azeas, along the public street. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5. Multi-family Build~ing Size: If the overall building size of the multi-family units exceeds 10,000 square feet, the structures will. be subject to the design standards in UDC 11-3A- 19. Staff does not have the square footage of each of the buildings. However, the elevations submitted appear to meet the design standards, which are very similar to those required with multi family developments, the buildings exceed the above rooted size. The applicant submitted a letter dated December 15, 2006, clarifying that none of the proposed buildings will exceed 10,000 square feet. 6. Elevations: Scaleable or dimensioned building elevations for the development are required showing construction materials. Elevations are required to meet the architectural standards set forth in UDC 11 ~-3.27E. The elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited above, and the elevations submitted with the subject CUP, will be required with the future issuance of CZC's on this site. 7. Certifiicate of Zoning Compliance: A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. b. Staff Recommendation: Staff r~ommends denial of the subject applications, AZ-06-047, PP-06- 049, and CUP-06-030 based on the comments stated in the staff report regarding compliance with the Comprehensive Plan and the Findings of Fact as listed in Exhibit D. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this project be continued until January 4, 20117 in order for Staff to prepare Findings and Conditions of Approval. The original staff report did nvt contain Conditions of Approval since Staff was recommending denial of the project. Staff has included Conditions of approval in Exhibit A, and revised Findings in Exhibit C, within the staff report for the Januat y 4, 2007 Commission hearing. of the snbiect applications. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October 3, 2006) 3. Landscape Plan (dated: October 2, 2006) 4. Site Plan (dated: July 12, 2006, revised December 15, 2006) 5. Elevations (dated: July 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 12 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Power Company C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code 1. Annexation Findings 2. Preliminary Plat Findings 3. Conditional Use Permit Findings Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 A. Drawings 1. Vicinity Map Exiubit A CITY' OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 2. Preliminary Plat - ~~ ~ ~ ~~ _ ~~ ~ ~ ~~i ~dQ ~ • [~o Bp era s !~~'~t~~~~~~5 ~~ ~,' ~~~ '~e y f~~~~~~a.l~~i ~' ~~~ '0 i (i I~i!~,~.!1 -_, ~ ~i ~~ -`v_ - ~?"y ~' .,, ~, __ ,.L i F 1~ + ~ t ~fi 5 $ a.l. , ~ ~g ~1 1 j.~ 1$' Exhibit A ~~~ ~ ~ i~r~~.~ ~e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEHRUARY 20, 2007 3. Landscape Plan {dated: October 2, 200) ~ ~ i~ r~ -~ ,~ ;~, ~~ ~ ~ _~~.~ 't a 'a . 1 ;~ ~. ~~ 9 . d• .. 1011rA/YU~n gf'itlll ' ~` is a mu- .+.¢ r+as~wesu ~I+IU151AIQRClS ~1V1d XTIIdAYM ~~ ~ ~~~n ~ ~ _ ~..... :~1. .~ T -.~ b~~~i ~- ~ ~~ ~~~ N ~'~~• ._- f .~ ~ . ,,_ t ~~.~ .J~ r .~~ ~~ ..- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF FB$RLIARY 20, 2007 4. Site Plan ~ ~~~~ ~ ~ ..~ s .~ .~ !' ~~~ X111 e 8.01 ~ ~OBi 100 fie. +~: yw r ~~ ~~~~~~~Is~~ i~i1~~f $~~~ ~ ~~I I~~•,~~ ~a § t _! ~~ 8~ ~ ~ ~k ~1 `~l1~+i -- .~ `~'I i _.... ' +~ i ~ ~ 1~ _~ ~a t ~; ~ ~ ~~.~ r~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5. Elevations (dated July 12, 2006) ~.... _ 4~.i.: tip` o ~~~ ~ >x . ~~ ~ ~~ d r r m arw~ asp ~'~Ullfcs ,~ ~~~ .. ....„ r~ ~3 A•2.1 Exhibit A CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRiJARY 20, 2007 j__ .. .. ~ 'J ~a ~~ ~~{ •. ~~`~ >n ..... ~~ ~~ ~~~ VVVV ~~~~V HMV ~~ w. •Aw~ sr++.~.w~rww A•Z i Exlvbit A w~oAt- ~jttaw ~/~M CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Clubhouse Elevation t Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION AND ZONING COMMENTS (AZ-06-047) 1.1.1. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 SITE SPECIFIC REQUIREMENTS-~-~PRELIMIlVARY PLAT (PP-06-049) 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated October 3, 2006 is approved and shall be revised per the conditions stated in Exhibit B of this staff report. All comments and conditions of the accompanying Annexation and Zoning (AZ-06- 047) and Conditional. Use Permit (CUP-06-030) applications shall also be considered conditions of the .Preliminary Plat (PP-06-049). 1.2.2 The landscape plan prepared by Glancey Rockwell & Associates, on October 2, 2006, labeled Sheet #LS-1 is approved with the following modifications/notes: a. Per UDC 11-2B-3, provide a 20-foot wide landscape buffer along the west, north, and east property boundaries adjacent to the existing single-family residential uses in compliance with the standards listed in UDC 11-3$-9C, Landscape Buffers to Adjoining Uses. b. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3B-7B. Trees are required at one per 35 lineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All landscaping must comply with UDC 11- 3B: Landscaping Requirements. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 Provide 6-foot tall vinyl fencing along the west, north, and east boundary of the development and 3-foot tall wrought iron fence with stucco pilasters slang the south boundary, as proposed. The fencing along E. Magic View Drive shall be constructed on or beyond the interior edge of the street buffer. A detailed fencing plan shall be submitted upon application of the final plat. If' permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.4 The applicant is required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 1.2.5 The analic~pt shall construct a cammo» drive on Lot 3, to serve the units on Lat 4 and a common drive on Lot 6 to serve the units on Lot 7 in compliance with Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2407 common drive standards. In accordance with UDC 11-3B-8C.. urovtde a minimum five foot wide common area landscaue strip on the south side of Lot 3 and on the west side of Lot 6 1.2.6 All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with na standing water within 24 hours of the completion of a storm event. 1.2.7 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.9 Maintenance of all common areas shall be the responsibility of the Homeowners' Association. 1.3 GENERAL REQUIREMEN'TS---PRELZIVIINARY PLAT (PP-06-049) 1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. 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. 1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. All standards of installation should apply as listed in UDC 11-3B-14. 1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.6. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL USE PERMIT REQUIREMENTS (CUP-06-030) 1.4.1. The site plan labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated July 12, 2006 is not approved with the conditions noted in Exhibit B. At least 10 days prior to the City Council hearing, the applicant shall submit 10 full-size copies, one 8.5" x 11" copy and jpg and Exhibit B CITY OF MERIDIAN PLANN.tNG DEPARTMENT STAFF REPORT t'OR THE HEARING DATE OF FEBRUARY 20, 2007 pdf copies of a revised site plan that reflect the conditions noted in herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-047) and Preliminary Plat (PP- 06-049) applications shall also be considered conditions of the CUP (CUP-06-030). 1.4.2. Provide a minimum 10-foot building setback per UDC 11-4-3.27B, unless a greater setback is otherwise required by the UDC. 1.4.3. Provide a 20-foot wide landscape buffer adjacent to the existing single-family residential uses on the west, north, and east boundary of the proposed subdivision in compliance with UDC l 1-3B- 9C. 1.4.4. Show the locations of the proposed trash receptacles on the site plan. Trash receptacles shall be screened from view and locations shall be approved by Sanitary Service Company. 1.4.5. Provide a miDimusu of 80 square feet of private, usable open space for each unit in compliance with. UDC 11-4-3.278B. Show open space for each unit on the site plan. 1.4.6. Include on the site plan, the location of the property management office, maintenance storage area, central mailbox location, and directory and map of the development at a convenient location within the development. 1.4.7. Include 2 parking spaces within a garage for each unit on the site plan in compliance with UDC 11-4-3.27B. 1.4.8. Provide a minimum of 350 square feet of common open space for each unit containing more than 1,200 square feet of living space that complies with UDC 11-4-3.27C. 1.4.9. Submit scaleable or dimensioned building elevations for the proposed units, showing construction materials, which comply with the architectural standards set forth in UDC 11-4-3.27E with each Certificate of Zoning Compliance application for this site. AU buildings constructed on the site shall be consistent with the elevations submitted. 1.4.10. A Certificate of Zoning Compliance is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. 1.4.11 This property shall be subdivided prior to issuance of Certificates of Zoning Compliance. 2. PIUBLIC WORKS D>PARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of miains in E. Magic View Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if ct-ver from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 There is a sewer main stubbed to this site that the plat does not show as being utilized. The applicant shall coordinate with Public Works staff during plan review an acceptable solution to abandaniilg this line. 2.3 Water service to this site is being proposed via extension of mains in E. Magic View Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 There is a water main stubbed to this property that the plat does not show being extended. The applicant shall be require to remove the blow-off and install a fire hydrant in this location, unless Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING} DATE OF FEBRUARY 20, 2007 it is to be extended and connected to provide a locaed system. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement {which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. 'T`he detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has indicated that the Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system in this development, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The Nampa and Meridian Irrigation District requires their pump stations to be placed on a separate lot dedicated to the District. The applicant shall revise the plat to show the proposed pump station to be on a separate lot. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle--point connection tp the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs aze to be in place, water system shall be approved and activated, fencing installed, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.1 S All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes aze located an or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfxll, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a min;mum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, highpressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights requixe a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity aze determined after power designs are completes by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 1 S" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.b The proposed multi-family lot has an estimated units with a total estimated population of residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.7 The first digit of the Apartmentl0ffice Suite shall correspond to the floor level. 3.8 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersections}. 3.9 Where a ~rtion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the code official. Far buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.10 All R-2 occupancies with 3 or more units shall be regitired to be fire sprinklered. 3.11 There shall be a fire hydrant within 100' of all fire department connections. 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.13. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.14. Pool chemicals shall be stored in compliance with the International Fire Cade. 4. POLICE DEPARTMENT 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed. four feet in height if solid fencing is used. 4.3 Locate address signs for Lots 3 8c 5 at the entrance to these lots so that they are viewable from the public street. 5. PARKS DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIlVG DATE OF FEBRUARY 20, 200? 5.1 Standard far Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standazd established in the City of Meridian Landscape Ordinance (UDC 11-35-10) will be followed. 5.3 Irrigation consisting of rainbird hig$ speed gear drive rotors for infields is required for ALL skinned infields on the school property. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regazding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONIDTIONS OF APPROVAL 7.1.1. The applicant is required to dedicate 50-feet of right-of-way for Magic View Drive by executing a warranty deed of trust and granting the right-of--way to the District. 7.1.2. Construct Magic View Drive as one half of a 36-fast street section within 50-feet ofright-of--way, complete with vertical curb, gutter and 5-foot concrete sidewalks on the north side of the roadway. 7.1.3. Vacate or improve the unopened right-of--way at the southeast property line. 7.1.4. Construct South Fiddle Way as a 34-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5-foot concrete sidewalk Provide a minimum 21-foot street section on either side of the island in the emtry road. ?.1.5. Locate and construct the roadways as 34-foot street sections within 50-feet ofright-of--way complete with curbs, gutters and 5-foot concrete sidewalks. 7.1.6. Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1. Any existing irrigation facilities shall be relocated outside of the right~f--way. 7.2.2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5. Comply with the District's Tree Planter Width Interim Policy. 7.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all. improvement plans. 7.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAT$ QF FEBRUARY 20.2007 7.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11. It is the responsibility of the applicant to verify all existing utilities within the right~f--way. The applicant at no cast to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. IDAHO PO'WPR COMPANY 8.1 The applicant shall contact the Idaho Power Company Operatians Center with a formal request for service for this property. Existing infrastructure may possibly need to be upgraded in order to provide electrical services to this development. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEl1RUARY 20, 2007 C. Legal Description & Exhibit Map IDAHO S.UPIVEY G1tOUP +4sa r~vv~ow~ s~ Suite 150 . i a~az Ptwr[e 0208) 846-8570 Project No. 05-319 Febntary i 7, 2006 Autrexatiota Description 4~ 6, Amended Magic Yiew Snbidlvitgion Proposed Vtllage Vilb~s Subdivgion Lot b of Amtnded Magic View Subdivision and a portion of E. Magic View Drive located in the South 1l2 of the NE Ito of Section 17, T.3N., R.1&, S.M:, Ada County, Idaho, as same is secorded in gook, 52 of Plats at Page 4448. records of Ada Cowrty, Idaho, more peuticularly described as faIlbws: t..ommen9cing, at the i+ast 114 corner of said Section 17, from which the Norihwst corner of said section beaFS Nardr 00"22114" West, Zbg2.9b feet; Thenco Nortl~ 00°22'14" Wes1,1326.39 feel; Thenco North 89°57'30" West. 20$8.18 feet to the Naitheotsf ebrner of said lot b lying on the SorrW boundary of t"rre~itili Estates Subdivision No. Z, as same•is recorded in Book 35' of.Plats at Page 3002, records of Ada County, ldaiio, saidpoint beingthe REAL. It10INT QF $EGIN111IlVG. Thence sloug the East litre of said Lot ti atxi.said line exleadeel. South 2°! S' 12" West. 5 t 0.79 feet tp a point on lhr North litre of Lac 7 of said Amet-Idred Magic Yiew Subdivision; Thence along said Notch lunc North 80°x•34° Went, 490.83 foot to a point 6n the East boundary of Smarting BuU Subdivision Pbase 2, as same is recorded in Book 84 ofPlats at Page 9318, rtrwrds of Ada t,AUnty, Idalra; Thence North 00°2x'32" Fast, 428. T4 feet to the NoR>:gast comer of said sttbdivisiart lyittg~ on t6t~ South bormdary of C+reetthill Estates Subdivisaoo, as same is recorded is Book 35 of Plats at page 3000, ~rerords of Ada County, Idaho; Thence along We said.Sotuh boundary and the Southbouadazy ofsaid Greenhill Subdivision No. 2 South 89°57'30"East, 500.87 feet to the Point of Be~nnirxg. Contaitring 5.34 acres, more or less. ~" "tea ~ 1U1. S ? 2(~ Prepared Ay: Tdaho Survey D. Terry Professional Land Surveyors t Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 a~ p ~r~ n ~~. `I? ~.~ xi ~~ to r.4111W1~P • 5 gY'Si'',~` E SUO.Si' '~ .' , y , ~,p. + f~ ~ I ~ 1 ~~ ! .r. ~ - -~ - - -- -- - - 1 ~ , ,.- ,.. - ~ ... -.. . 'C~a. .,v 1 p n i b ~ ~ a~rG+ i~ O w ~ p ~ 10 ~ -, ~. ; ~ .'~L tiRU ~` , ~ '~AV'EEI.Y PLACE ~UBDI~'I~ION ,~ ~ s» PFiOP(35~ MERIDEAN ANIVE~4AT'ION ~, ~ ,~ ~ ~ o~ tar a woc~a ~ vrFr- ~ t~ ~- n~ s+l 11~ of t-rf ~ r/4 a stcl~a+ r~, r.3k.. RIL, BJL. ~DUr~I ~ oot~lnc ~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARn~TG DATE OF FEBRUARY 20, 2007 b. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fall investlgation 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 p~ni The applicant is proposing to zone all of the subject properly to L-O. Staff believes that the proposed amendment does not comply with the comprehensive Plan. However, the City Council finds that the proposed zoning map amendment does comply with the Comprehensive Plan Future Land Use Map and all applicable provisions. 2. The map amendment complies with the regaladons outlined for the proposed district, specifically the purpose statement; Multi-family residential developments are listed as a Conditional Use in the L-0 zone per UDC Table 11-2B-2. if the applicant revises the plat to reflect the comments stated in the staff report, the development should meet the standards of the L-O zone for the proposed use. The City Council finds that the proposed map amendment complies with the proposed zoning district and its purpose statement. Please see Section 8 of the staff report for detailed analysis on the 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 and subsequent development of this property will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, bat 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. S. The annezal3on is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The City Council finds that Annexation and Zoning of thfs property to L-O for a multi-family development would be in the best interest of the City. Exhibit D GITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE QF FEBRUARY 20, 2007 2. Preliminary plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed use of the property as amulti-family development complies with the adapted Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this Ending. (See Ending items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD 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. 5. The development preserves significant nataral, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unawaze. Extdbit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF R1:PORT FOR THE HEARWG DATE OF FEBRUARY 20, 2007 3. Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional nse permit if they shall find evidence prese~ed at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the nse is located. The City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC for the proposed use. )g. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the proposed L-O zone meets the objectives of the Comprehensive Plan. C. That the design, construction, operation and maintenance wi71 be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the building height, parking layout, landscape buffer widths (as revised per staff comments), and other dimensional standards shown in the application generally comply with the UDC. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development may not adversely affect other property in the vicinity if the applicant complies with all comments listed in the analysis section of the staff report and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will increase with this development; ACRD has reviewed the application and placed special conditions on the applicant. E. That the proposed use will be served adequately by esse~ial public facilides and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property, Please refer to comments prepared by the Meridian Fire Department and other agencies. F. That the proposed nse will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Exhibit D CT1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 The City Council finds That the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant andlor future property owners will be required to pay highway impact fees. G. That the proposed nse will not involve actirities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding azea. The City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The City Council finds the future buffer between land uses along the property boundaries adjacent to residential uses will help to mitigate noise, fumes and glare created by the additional traffic. $ That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of ma jor importance. The City Council finds that the proposed development will not result in the destnuction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to 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. Ex3ubit D March 9, 2007 CUP 06-030 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Vacation Village Villas, LLC ITEM NO. Jr-~ REQUEST Findings for Approval -Request for Conditional Use Permit approval for a multi-family development in a L-O zone for Waverly Place Subdivision - 2510 E Magic View Court 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 Findings In AZ Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER r rr-V rye •'~~t. ~1'1t~1~1?' ~~ 1 Il:i.\HQ /~ S' ' Xn the Matter of Annexation and Zoning of 53 acres from RUT (Ada County) to L-O; Preliminary Plat for 6multi-family residential building lots, l clubhouse building lot, and 3 common lots; and Conditional Use Permit for 24 multi-family dwelling units in a proposed L-O zone for Waverly Place Subdivision by Vacation Village Villas. Case No(s}. AZ-06-047, PP-06-049, &CUP-06-030 For the City Council Hearing Dates of: February 200i and February 27t~, 2007 (Findings on the March 130i, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 2. Process Facts (see attached StaffReport for the hearing date of February 20, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 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 adapted 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-06-047, PP-06-049, &CUP-06-030 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Gonditions of Approval all in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the .above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning to the L-O district as evidenced by having submitted the legal description prepared by D. Terry Peugh, PLS, stamped and dated February 17, 2006, is hereby approved; and, 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 3. The applicant's Conditional L7se Permit as evidenced by having submitted the Site Plan dated July 12, 2006 and revised December 15, 2006, is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve {12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-0b-047, PP-06-049, & CUP-06-030 and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Gode 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the Gity of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06.047, PP-Od-049, & CUP-06-030 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F. Attached: Staff Report for the hearing date of February 20, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-06-049, & Ci.TP-06-030 ~~ By action of the City Council at its regular meeting held on the ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIltD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_~~~~,... VOTED_~~~ VOTED_~~~~!~'r VOTED_~~~ VOTED ""~~ -~"ri~~~i nr~"~ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. ~ ~- U~~~- By: ~11~~ (i'l ti~~T~ Dated: ~~ =/5~a`~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-047, PP-Ob-049, & CUP-06-030 CITY OF MERIDIAN PLANNING DEPAR'I'MIIVT STAFF REPORT FOR TIC HEARING DATE OP FEBRUARY 20, 2007 STAFF REPORT Hearing Date: February 20, 2007 (Continued to February 27, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-SS33 SUBrECT: Waverly Place Subdivision • AZ-06-047 Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O zone • PP-06-049 Preliminary Plat of 6 mold-family residential building lots, 1 clubhouse building lot, and 3 common lots on 5.3 acres iA a proposed L-O zome • CUP-06-030 Conditional Use Permit approval for 24 multi-family dwelling units (6 four- plexes) in a proposed L-O zone 1. SUNIlMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Vacation Village Villas, LLC, has applied for Annexation and Zoning (AZ) of 5.3 acres from RUT (Ada County) to L-C7 (Limited Office); Preliminary Plat approval of 6multi-family residential building lots, 1 clubhouse building lot, and 3 common area lots; and Conditional Use Permit approval for 24 multi-family residential dwelling units (6 four-plexes) in a proposed L-O zone. This site currently contains one home, which is proposed to be removed. This property was previously platted in Ada County as Lot 6, Block 1, of Magic View Subdivision. This site is within the City's Urban Service Planning Area and our Area of Impact. 2. SUMMARY RECOA~IMENDATION The subject applications (AZ, PP, CUP) were submitted to the Planning Department far concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff recommended denial of the proposed Waverly Place Subdivision (AZ-06-047, PP-06-049, CUP-06-030) for the reasons listed in the Analysis of the Staff Report and the required Findings in Exhibit D. However, at the hearing on November 2, 2006, the Commission requested Staff to prepaze findings and conditions of approval. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this project be continued nndl January 4, 2007 in order for Staff to prepare Findings and Conditions of Approval and for the applicant to submit revised plans. The original staff report did not contain Conditions of Approval because Staff was recommending denial of the project. Staff has now included Conditions of approval in Exhibit A and revised Findings in Exhibit C. Staff has amended some of the Analysis, Findings and Conditions in the revised report to reflect the Commission's direction. The substantial npdates/changes to the staff report have been bolded. NOTE: Most of Stajj's previous analysis has remained consistent with the original recommendation for dertia~ The Meridian Planning and Zoning Commission heard these items on November 2.2006. and rapnarv 4, 2007. At the Jannarv 4 public hearing, the Commission voted to recommend approva of the subiect applications. Waverly Place Subdivision AZ-067, PP-O6-049, CUP-06-030 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 a. Summary of Commission Public Hearin i. In favor: Becky N)Ce_Kav (applicant's representative) ii. III Opp06itiolA: NOne --- - - iii. Commenting: Jim Flecker. Gene Fox, and David Pearcev iv. Staffpresenting application: Sonya Wafters v. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. The compliance of the~ro~osed multi family use with the UDC & Comprehensive Plan c. Commission Chan es to Staff Recommendation: i. Strike requirement pertaining to private streets and add requirement for common drives and adiacent 5-foot wide laa~dscape buffers (see Exhibit >I of the staff report. Condition 1.2.5) (stafi'reauested this change) -~ d. Outstanding Issue(s) for Citv Council: i. The compliance of the proposed multi-family development with the Comprehensive Plan (currently desisnated "Office" on the Future Land Use Map) 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-047, PP-06-049, & CUP-06-030 as presented in the staff report for the hearing date of February 20, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 047, PP-06-049, and CUP-06-030 as presented during the hearing on February 20, 2007. (You should state reasons for denial of the Annexation request. You must state reasons for denial of the Preliminary Plat and Conditional Use permit requests.) Continuance Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 After considering all Staff, Applicant and Public testimony, I move to continue the public hearing for File Numbers AZ-06-(?47, PP-06-049, and CUP-06-030 to the hearing date of (insert carrtinued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2510 ~V. Magic View Court Section 17, T.3N., R 1 E. b. Owners: Vacation Village Villas, LLC 719 West Oakhampton Eagle, ID 83616 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting approval of annexation and zoning of 5.3 acres from RUT (Ada County) to L-0 with a preliminary plat for 6multi-family residential lots and 3 common area lots, including a clubhouse lot, and conditional use permit approval for amulti-family development consisting of 6 four-plexes (24 units) in an L-O zone. 1. Date of Preliminary Plat (attached as Exhibit A2): October 3, 2006 2. Date of Landscape Plan (attached as Exhibit A3): October 2, 2006 3. Date of CUP Site Plan (attached as Exhibit A4): July 12, 2006 4. Date of Elevations (attached as Exhibit AS): July 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearuog is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter S Article B Section 6, a public hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 16~' and October 30`x, 2006 (Commission); .Tannery 29~. 2007 and February 12a', 2007 (City Conncill e. Radius notices mailed to properties within 300 feet on: October 6~, 2006 (Commission); Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 3 CITY OF MERIDIAN PLANNTIVG DEPARTMENT STAFF REPORT FOR 'THE HEARING DATE OF F)/HRUARY 20, 2007 Jannarv 2ba`, 2007 (City Conncill f. Applicant posted notice on site by: October 21 ~`, 2006 (Commission); Febrnarv 10`x. 2007 (City Conncill b. LAND USE a. Existing Land Use(s): Existing rural residence and associated land. b. Description of Character of Surrounding Area: A mix of single family residential, vacautlagricultural land, and office/commercial developments to the east and south (near Eagle Road and Interstate 84). c. Adjacent Land Use and Zoning 1. North: Single-family residences, Greenhill Estates Subdivision, zoned Rl (Ada County). 2. East: Existing rural residence on ~-acres, zoned RUT (Ada County). 3. South: Existing rural residence on 5-acres, zoned RUT (Ada County). 4. West: Single-family residences, Woodbridge Subdivision, zoned R-4. d. History of Previous Actions: Platted as Lot 6 of the Amended Magic View Subdivision in 1983. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer installed in E. Magic View Drive Location of water. There is currently water installed in E. Magic View Drive Issues or concerns: Abandonment of existing mains stubbed to this property that are not being extended. 2. Vegetation: Mature trees around the existing home. 3. Floodplain: NA 4. Canals/Ditchesllrrigation; Staff is unaware of any ditches on this site. However any & all ditches on this site must be tiled. 5. Hazards: None. 6. Proposed Zoning: L-O 7. Size of Property: 5.3 acres f. Subdivision Plat Information 1. Residential Lots: 6 2. Nan-residential Lots: 1 (for clubhouse} 3. Total Building Lots: 7 4. Common Lots: 3 (including clubhouse lot) 5. Other Lots: NIA 6. Total Lots: 9 7. Open Lots: N/A Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE 01+ FEBRUARY 20, 2007 8. Residential Area: 5.3 acres 9. Gross Density: 5.l units per acre (6.4 met density) g. Landscaping 1. Width of street buffer(s): A 10-foot wide landscaped street buffer is required along E. Magic View Drive and along the local public streets proposed within the development per UDC 11-2B-3. 2. Width of buffer(s) between land uses: A 20-foot wide landscape buffer is required along the west, north, and east property boundaries adjacent to existing residential uses per UDC 11-2B-3. 3. Percentage of site as open space: 16.36% or 0.765 acres 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (LJDC 11-3G-3E2). Landscaping installed within the required street buffer along E. Magic View Drive and the local public streets within the development shall comply with the standards listed in UDC 11-3B- 7, Landscape Buffers Alang Streets. The required buffer adjacent to existing residential land uses along the west, north, and east property boundaries shall. comply with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. h. Proposed and Required Dimensional Standards per the L-O zone*: Proposed Required Front setback (from ultimateright-of--way) 20 20 Rear setback 20 20 Interior side setback 10 10 Maximum Building Height 35 35 Applicant states that the max. bldg. height will only be 3S' but the application form shows 40 : The proposed zoning allows a maximum building height of 35 ;• 40' is not approved Maximum building size without design standard approval 10,000 square feet °~.No changes to the dimensional standards in UDC Table Il-2B-3 were requested and none are approved. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be provided from E. Magic View Drive, a public street, which currently exists to the east and west of the southern boundary of the site. The unimproved area on the southern boundary of this site in between the existing sections of E. Magic View Drive is currently within a 50-foot wide easement that grants general public use over the easement. The applicant is proposing to dedicate the entire 50 foot right-of--way required for this section of Magic View Drive by platting over the easement. The applicant has applied for approval of four internal public streets to serve the multi-family units within the development. Curb, gutter, and sidewalk is required along both sides of the internal public streets and along the north side of E. Magic View Drive. Please see ACRD report for details. Two 20-foot wide private streets are proposed to extend from the internal public streets for access to the units located on Lots 3 & 5. The applicant needs to submit avplication for the private streets. Said private streets should be constructed in accordance with the UDC standards (see Analysis below . 7. COM1V.fENTS MEETING Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSPVI!, PLAN ANALYSIS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), the Office land use designation is described as follows: "This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Additionally, as noted in the Residential districts secdon of the Comprehe~asive Plan, light office uses may be appropriate in limited circumstances and at the discretion of City Counci.~" The residential section (page 101) that the previous underlined text refers to reads as follows: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or section line road and is 3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff believes that the applicant has interpreted the italicized and bolded portion of the above text to mean that office uses maybe appropriate in limited circumstances in residential zones, and that residential uses would also be appropriate for property with an office designation. Staff disagrees with this interpretation and asserts that the intent of this underlined portion was to state that other office areas/zoning maybe allowed in residentially designated azeas, at the discretion of the Council, not that residential azeas/zoning maybe allowed in office designated azeas. Further, the intent was to allow the redevelopment of properties designated "Public/Quasi-Public," so long as the proposed uses) are compatible with adjacent zoning districts. Such a request was only intended to be an option upon redevelopment of the subject property. The intent of the Amendment was not to change what is allowed in areas with a Comprehensive Plan designation of "Office." Staffbelieves that only commercial uses should be allowed iua areas designated as office on the Comprehensive Plan Future Land Use Map, unless the zoning is already in place. Even if the applicant's interpretation were accurate, which Staff maintains is not the intent of the last sentence of the Office definition, this property is designated "office," not "residential," is greater than 3 acres in size, and does not have frontage on an arterial or section line road.. With that being said, UDC 11-2B-2 currently lists multi-family developments as a conditional use in the L-O zone. However, in order to be eligible to apply for a conditional use permit for multi-family, the property would need to already be zoned L-O, and again, the Comprehensive Plan text does not support residential uses on property with an office designation, only those already zoned L-0. Staff believes that when property is annexed into the City, it is appropriate to have the requested zoning designation closely match the requested land use (please see the Purpose Statement of Zone in Section 9 below). Otherwise, as was the case with the previous Zoning Ordinance and land use exceptions, the zoning map becomes an inaccurate depiction of what land uses are actually allowed for individual properties. Following this train. of thought, the applicant should be requesting R-8 or R-15 zoning to coincide with the proposed multi- family development; bath R-8 and R-15 districts are inconsistent with the Future Land Use Map. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists multifamily developments as a Conditional Use in the L-O zone. b. Purpose Statement of Zone: 7'he purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Waverly Place Subdivision AZ-05-47, PP-06-049, CUP-06-030 PAGE 6 CITY OF MERII}IAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. (NOTE: There is no mention of the commercial districts providing for the residential needs of the community.) X0. ANALYSIS a. Analysis of Facts Leading to Staff Recounnendation ANNEXATION/REZONE ANALYSIS: Based on the "office" designation on the Comprehensive Plan Future Land Use Map and the text noted above on page 106 detailing the type of development encouraged within this land use category, Staff believes that annexing the subject property and rezoning it to L-O far the purpose of constructing amulti-family residential development does not comply with the desired. future land use on this property. Staff believes that the proposed zoning of L-O is appropriate for this site, but that the land use associated with the development of this site (multi-family} is not appropriate. Please see the Comprehensive Plan analysis above in Section $ and Exhibit D for a detailed analysis of the required facts and Endings for annexation. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIlVIINARY PLAT ANALYSIS: Staff believes if the following conditions are met that the preliza:inary plat and landscape plan will meet the minimum requirements of the UDC. Staff believes that the design of the plat is in general conformance with the UDC. However, Staff believes that this is the wrong site for this development. Staff is providing this analysis, should the Commission and Council find that approval of the development is in the best interest of the City. 1. Landscaping: The applicant is proposing to set aside 0.765 acre (16.36% of the property) for open space which will include a 2,000 square foot clubhouse for the use of the residents. The plan appears to meet the open space requirements stated in UDC 11-4- 3.27C. Staff is supportive of the design and amenities of the proposed open space. Detached sidewalks with curb and gutter are proposed within the development adjacent to the public streets with trees planted within the pazkways on Lots 1-7, Block 1. Attached sidewalks with curb and gutter are proposed adjacent to the public streets on Lot 1, Block 2 and along the north side of E. Magic View Drive. Staff is supportive of this design. A 20-foot wide landscape buffer is required per UDC 11-2B-3 along the west, north, and east property boundaries adjacent to the existing single-family residential uses and shall comply with the standards listed in UDC 11-3B-9. Additional trees are required in these buffers to result in a barrier that allows trees to touch at the time of tree maturity. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UUC 11-3B-7B. Trees aze required at one per 351ineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All street buffers shall be located within a common lot, maintained by the homeowners owners association per UDC 11-3B-7C2. All landscaping must comply with UDC I 1-3B: Landscaping Requirements. All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion of a storm event. Waverly Place Subdivision AZ-06-47, PP-O6-049, CUP-06-030 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 Mitigation shall be required for all existing trees that are 4-inch caliper or greater that are removed from the site in accordance with UDC 11-3B10. Submit mitigation information for any of the existing trees on site that are removed that are not exempt per UDC 11- 3E l OCSb on the landscape plan submitted with the final plat application. 2. Common Areas; Maintenance of all common areas shall be the responsibility of the Waverly Place Home Owners' Association. 3. Private Streets: Originally, the applicant proposed common driveways within this project. As shown, the drives did not meet the requirements of a common drive listed in UDC 11-6C-3D. Staff had concerns with this proposal as more than 4 units would be taking access from the common driveways. The UDC requires all properties that abut a common drive to take access from the common drive. Since the previous hearing, the applicant has amended the plat to show private streets instead of common driveways. The units on Lots 3 & 5, Block 1 are now proposed. to take access fram private streets within separate common lots that extend from the public street system within the development )f these accesses aze proposed to be private streets, the applicant shall comply with UDC 11-3F Private Street Requirements and submit a Private Street application. Currently, these access drives do not meet the UDC requirements for common drives ar private streets. The design and construction standards listed for Private Streets in UDC 11-3F-4 are as follows: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area far emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall. be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or tweirty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot {4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required. to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point co~ection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 5. Fencing: A 6-foot tall vinyl fence is shown along the west, north, and east boundaries of the subdivision on the landscape plan A 3-foot tall wrought iron fence with stucco pilasters is shown along the south boundary adjacent to E. Magic View Drive; this fence must be constructed on or beyond the interior edge of the street buffer. Fencing details shall be submitted on the landscape plan with the final plat application. Perimeter fencing must be installed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Maxie View Drive: The applicant will be required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 7. Sidewalks: Sidewalks aze required and shall be constructed along both sides of the internal streets and along the north side of E. Magic View Drive in accordance with UDC 11-3A-17. Stab Streets: There is an existing stub street from Greenhill Estates Subdivision that borders the subject property at the northeast boundary. 1'n the future, when this roadway stub is extended, it will lie directly adjacent to Lot 5, Block 1. Staffbelieves the proposed layout does not account for this future roadway extension and creates an inef;0cient use of the land, and near double-fronted lots. Staff recommends the design of this site should account for the future stub street extension by providing some connectivity, a pedestrian and/or street connection, and/or orienting some of the buildings along the east property line differently. UPDATE: The applicant submitted a letter dated December 15, 2006 stating that the recorded plat for Greenhill Estates Subdivision No. 2 delineates a 50-foot wide stab street {Hickory Way) along the north boundary of Magic View Subdivision. However, the stub street does not physically east; it is animprovedlunopened right- of-way. There are landscape improvements within the right of-way. The applicant does not believe it is reasonable to believe that the stub street wiII be extended into the site, just east of the subject property. Even though the right-of-way is currently unimproved, the dty's policy (as well as ACHD's) regarding stab streets is that they Waverly Fiace Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 9 CITY' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 should be extended. Staff continues to believe that the extension of Hickory Way in the fature should happen. However, this discassion should occur when the adjacent 5-acre parcel develops. Until that time, staff recommends that the Commission and Council evaluate how this project will fianction if a public street is built just to the east. 9. Dimensional Requirements of the L-O Zone: The maximum building height for the proposed buildings for this site is listed on the application form as X10 feet; however, the applicant states that the maximum building height will only be 35 feet per requirement of the zone. Per the L-O zone, the maximum building height allowed shall be 35 feet. The proposed development appears to meet all of the other minim~p and ~jm~ dimensional standazds required in the L-Q zone. 10. Ditches, Laterals, and Canals: Per UI7C 11-3A-6 all irrigation. ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. CONDITIONAL USE PERNIIT ANALYSIS: 1. Multifamily Standards: UDC 11-4-3.27B: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The building errvelopes shown on the site plan appear to meet the minimum setback requirements stated. However, as mentioned in the Preliminary Plat Analysis, Landscaping, above, a 20-foot wide land use buffer is required to adjacent residential distracts. This impacts the proposed building locations on this site. The applicant submitted a letter dated December 15, 2006, that states that the site plan has been modified to include a 20-foot wide landscape buffer on the west, north, and east boundary of the subdfvision. Staff is supportive of this proposal. b. Service areas: On-site service azeas, outdoor storage azeas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. Tfae site plan does not show trash receptacles. The applicant should include this information on a revised site plan and obtain approval from Sanitary Service Company for location of any dumpsters. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. c. Private, usable open space: A minimtLm of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Staff does not have adequate information to determine if the project complies with this standard as submitted. The applicant should clarify at the hearing if the proposed development meets the minimum amount of open space required. The applicant clarified at the hearing that a minimum of 80 square feet of private usable open space will be provided for each unit. The applicant also submitted a floor plan that shows either a covered courtyard or a covered patio for each unit. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-l~-030 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF F)rBRUARY 20, 2007 d. Developments with 20 emits or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. .This development does contain more than 20 units; however, the applicant has not shown any of the afore-mentioned items on the site plan. The applicant submitted a letter dated December 1.5, 2006 stating that a property management office, maintenance storage area and central mailbox will be located within the clubhouse and will be included on the site plan. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not specifically proposed any covered parking; however the submitted floor plans show garages on the multifamily buildings. Staff is unsure if the garages contain Y or the required 2 parking spaces per unit; the applicant shall clarify this at the hearing. The applicam clari5ed at the public hearing that the garages for each unit will contain the required 2 parloing spaces. f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). 7'he project complies with this standard as submitted, by providing the following qualifying amenities: 1. walking trails (recreation), 2. grassy area of at least fifty feet by one hundred feet in size (open space), 3. clubhouse with a fitness room (quality of l fe), and 4. children's play structures (recreation). 2. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provides at the following rates: 150 square feet for each unit containing 500 square feet ar less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial struts unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard. 3. Landscaping: Landscaping for this development shall meet the minimum requirements of U17C 11-3 Regulations Applying to all Districts, and the multi-family development landscaping requirements of UDC 11-4-3.27. 4. Refuse Areas: The site plan submitted with the application does not show dumpster locations. The applicant should coordinate with the Sanitary Services Company (SSC) for approval of all dumpster locations. All proposed refuse areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street per UDC 11-4-3.27. If the units are pulling their refuse to the curb, SSC will not use private streets or common drives for access. Therefore, a pad should be constructed for these areas, along the public street. The applicant submitted a letter dated December 15, 2006, that states that three trash enclosure locations have been added to the site plan, subject to approval by Sanitary Service Company. Waverly Place Subdivision AZ-06-47, PP-06-(}49, CUP-06-030 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 5. Multi-family building Size: If the overall building size of the multi-family units exceeds 10,000 square feet, the structures will be subject to the design standards in, UDC 11-3A- 19. Staff does not have the square footage of each of the buildings. Ilowever, the elevations submitted appear to meet the design standards, which are very similar to those required with multi family developments, the buildings exceed the above noted size. The applicant submitted a letter dated December 15, 2006, clarifying that none of the proposed buildings will exceed 10,000 square feet 6. Elevations: Scaleable or dimensioned building elevations for the development are required showing construction materials. Elevations are required to meet the architectural standards set forth in UDC 11-4-3.27E. The elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited above, and the elevations submitted with the subject CUP, will be required with the future issuance of CZC's on this site. 7. Certdficate of Zoning Compliance: A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. b. Staff Recommendation: Staff recommends denial of the subject applications, AZ-06-047, PP-06- 049, and CUP-06-030 based on the comments stated in the staff report regarding compliance with the Comprehensive Plan and the Findings of Fact as listed in Exhibit D. At the Planning & Zoning Commission meeting on November 2, 2006, the Commission recommended that this project be continued until January 4, 2007 in order for Staff to prepare Findings and Conditions of Approval. The original staff report did not contain Conditions of Approval since Staff was recommending denial of the project Staff has included Conditions of approval in Exhibit A, and revised Findings in Exhibit C, within the staff report for the January 4, 2007 Commission hearing. of the snbiect anulications. 1 i. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October 3, 2006) 3. Landscape Plan (dated: October 2, 2006) 4. Site Plan {dated: July 12, 2006, revised December 15, 2006) 5. Elevations (dated: July 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Power Company C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code 1. Annexation Findings 2. Preliminary Plat Findings 3. Conditional Use Permit Findings Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 13 CITY' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FUR TI~iE HEARING DATE OF FEBRUARY 20, 2007 A. Drawings 1. Vicinity Map Exhibit A CIT1C OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF FI~HRUARY 20, 2007 ~. Prelun~.'nary Plat - 1~nT A DDD IIt ron 's~~` e € a ~ a ~.sa ~--~-cs ~ ~ ~$~ ode ~.. ' ~ ..« ~ +~ iva~ • ~• ~ * c ..w. , . r ~- ' ~'1 X1~ ~A1 8 a ~ L ~ ~ C ~s~~E,~e a ~Ii.~$I~~~g~~~ ~ ~ ~ i~ll~~.~~i~~.~ ~.~ jj~ t'~" ~ # '~ •~' X10 y ~~~ ~ ~I~~a ~ s r .. g ~~~ ~ l~fa~~~.~.iii ~_ ~ ~~ ;'~'f I. il~~',~.~~ 1~~ ~l lI .~ 1 fi ~ ' 1 r ~ ¢ r~~ ~~ ,, ' ~~: ~ ~ t~ ~ ~ ~+~~ 1~~ -• , ~~ Exhibit A •IG ~'Ir~ Ia~~~• •Q CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OP FEBRUARY 20, 2007 3. Landscape Plan {dated: October 2, 2006) ~ y /7~V~'AWIIWYQM /OIYLa/iMw n{t~w'm/p 'AY7Mr7tl .a81R~G19tt8~rdO5iC mtuoppq~w r~.~4+vetK ~1~G115JAYtI$f1S ~JV7d X'I~FdAYA9 ~~ I` ~M• r • - r`rr.--r--ti ~ ~ r ~ r ;z L :~' ~i~ •• a ~ ;. • ....; f~.~.~y 6. i ~~ E ,, i ~: J' r :, i' ~ , ~, t • Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEI~RUARY 20, 2007 4. Site Plan ~~ ~ ~ ~ .'~ ~~ ~ m ~~ ~~ . ,,,~ ~s~ ~ 1sa e.~ ~ ~ g ~a~1 lao ie. ~' .~ t t~ t' ~~ff~Bl$~~~.A § ~ a i~~ I~i:~~aE~e~ ~~ ~ ~ ~~ ~'~ :~ '~l~ '~ ~~ ~~ r ter HIV _. .r,~ y ~T? ` ~ ~ p ~~ y~u`' O .h ~: I ~' 1 _j ~9 ~+~ I a lt. ~ ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FE~RU'ARY 20, 2007 5. Elevations (dated July 12, 2006) -- :-.,.~ -~~., m ZJ!lfas ~~"` .. ~--~ ~~ ~~ }~~ ~~ j!~ iEE~ f~ i~ A-2. t Exhibit A CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATR OF FEBRiJARY 20, 2007 ~-- .. .. ~d yy~~ ~~ . ~~~ }n ~~ ~~ _ VIIIQ~ M~ srr.~r w~r~ A^~ Exhibit A ~. ~.. ~.. Q OA ~. CITY QF MERIDIAN PLANNING DEPARTMENT STAI:F REPORT FOR THE HEARING DATE OF FEBRUARY 20, x007 Clubhouse Elevation Y .. '.I' ~.. T ~.L~t-Tl .. , ~ f-- - ~~ '~ ~ !` .~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION AND ZONING COMMENTS (AZ-0b-047) 1.1.1. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 S1TE SPECIFIC REQUIREMENTS-~--PRELIMINARY PLAT (PP-06-049) 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepazed by Engineering Solutianus, LLP, dated October 3, 2006 is approved and shall be revised per the conditions stated in Exhibit B of this staff report. All comments and conditions of the accompanying Annexation and Zoning (AZ-06- 047) and Conditional Use Permit (CUP-06-030) applications shall also be considered conditions of the Preliminary Plat (PP-06-049). 1.2.2 The landscape plan prepared by Glancey Rockwell & Associates, on October 2, 2006, labeled Sheet #LS-1 is approved with the following modifications/notes: a. Per UDC 11-28-3, provide a 20-foot wide landscape buffer along the west, north, and east property boundaries adjacent to the existing single-family residential uses in compliance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. b. A 10-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3$-7B. Trees are required at one per 35 lineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All landscaping must comply with UDC 11- 3B: Landscaping Requirements. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The preceding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 Provide b-foot tall vinyl fencing along the west, north, and east boundary of the development and 3-foot tall wrought iron fence with stucco pilasters along the south boundary, as proposed. The fencing along E. Magic View Drive shall be constructed on or beyond the interior edge of the street buffer. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris shall be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.2.4 The applicant is required to vacate or improve the northern portion of the unopened right-of--way of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 1.2.5 . The anglics~nt shall constrict a common drive on Lot 3, to serve the units on Lot 4 and a common drive om Lot 6 to serve the units on Lot 7 in compliance with Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII•TG DATE OF FEBRUARY 20, 2007 common drive standards. In accordance with UDC 11~ 3B-8C, , aroytde a minimum five foot wide common area land cape stria on the south side of Lot 3 and on the west side of Lot 6. 1.2.6 All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion a£ a storm event. 1.2.7 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.9 Maintenance of all common areas shall be the responsibility of the Homeowners' Association. 1.3 GENERAL REQUIREMENTS----PRELIMINARY PLAT (PP-06-049) 1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11.3A-17. 1.3.3. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. All standards of installation should apply as listed in UDC 11-3B-14. 1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.6. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL USE PERMIT REQUIREMENTS (CUP-06-030) 1.4.1. The site plan labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated July 12, 2006 is not approved with the conditions noted in Exhibit B. At least 10 days prior to the City Council hearing, the applicant shall submit 10 full-size copies, one 8.5" x 11" copy and jpg and Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 pdf copies of a revised site plan that reflect the conditions noted in herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-047) and Preliminary Plat (PP- 06-049) applications shall also be considered conditions of the CUP (CUP-06-030). 1.4.2. Provide a minimum 10-foot building setback per UDC 11-4-3.27B, unless a greater setback is otherwise required by the UDC. 1.4.3. Provide a 20-foot wide landscape buffer adjacent to the existing single-family residential uses on the west, north, and east boundary of the proposed subdivision in compliance with UDG 11-3B- 9C. 1.4.4. Show the locations of the proposed trash receptacles on the site plan. Trash receptacles shall be screened from view and locations shall be approved by Sanitary Service Company. 1.4.5. Provide a minimum of 80 square feet of private, usable open space for each unit in compliance with UDC 11-4-3.278B. Show open space for each unit on the site plan. 1.4.b. Include on the site plan, the location of the property management office, maintenance storage area, central mailbox location, and directory and map of the development at a convenient location within the development. 1.4.7. Include 2 parking spaces within a garage for each unit on the site plan in compliance with UDC 11-4-3.27B. 1.4.8. Provide a minimum of 350 square feet of common open space for each unit containing more than 1,200 square feet of living space that complies with UDC 11-4-3.27C. 1.4.9. Submit scaleable or dimensioned building elevations for the proposed units, showing construction materials, which comply with the architectural standards set forth in UDC 11-4-3.27E with each Certificate of Zoning Compliance application for this site. All buildings constructed on the site shall be consistent with the elevations submitted. 1.4.10. A Certificate of Zoning Compliance is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi family units may be combined in one CZC or submitted separately for approval. 1.4.11 This property shall be subdivided prior to issuance of Cerkificates of Zoning Compliance. 2. PLII3LIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of maixts in E. Magic . View Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 There is a sewer main stubbed to this site that the plat does not show as being utilized. The applicant shall coordinate with Public Works staff during plan review an acceptable solution to abandoning this line. 2.3 Water service to this site is being proposed via extension of mains in E. Magic View Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 There is a water main stubbed to this property that the plat does not show being extended. The applicant shall be require to remove the blow-off and install a fire hydrant in this location, unless Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 it is to be extended and connected to provide a looped system. 2.5 Any potential reimbursement agreements must comply with all req»;-ants of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has indicated that the Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system in this development, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.8 The Nampa and Meridian Irrigation District requires their pump stations to be placed on a separate lot dedicated to the District. The applicant shall revise the plat to show the proposed pump station to be on a separate lot. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by ayear--round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the n~essary adjustments to achieve this separation requirement aad comply with all landscape requirements. 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this projeet shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need. to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval subttutted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110°/a will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on ar near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a m;n;rnum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights requixe a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed. at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for f re protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exlvbit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 The proposed multi-family lot has an estimated units with a total estimated population of residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completes by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.7 The first digit of the Apattment/Office Suite shall correspond to the floor level 3.8 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as meastiued by an approved route around the exterior of the facility or building, on-site f re hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. Far Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped, throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.10. All It-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.11 There shall be a fire hydrant within 100' of all fire department connections. 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.13. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.14. Pool chemicals shall be stared in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 Locate address signs for Lots 3 & 5 at the entrance to these lots so that they are viewable from the public street. 5. PARKS DEPARTMENT Ex}ubit B CITY OF MERiD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 S.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. S.2 Standard Plan for Protection of Existing Trees during Construction: The standard. established in the City of Meridian Landscape Ordinance (CTDC 11-3B-10) will be followed. S.3 Irrigation consisting of rainbird high speed gear drive rotors for infields is required for ALL skinned infields on the school property. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONIDTIONS OF APPROVAL 7.1.1. The applicant is required to dedicate 50-feet of right-of-way far Magic View Drive by executing a warranty deed of trust and granting the right-of--way to the District. 7.1.2. Construct Magic View Drive as one half of a 36-foot street section within 50-feet ofright-of--way, complete with vertical curb, gutter and 5-foot concrete sidewalks on the north side of the roadway. 7.1.3. Vacate or improve the unopenedright-of--way at the southeast property line. 7.1.4. Construct South Fiddle Way as a 34foot street section within SO-feet ofright-of--way complete with curb, gutter and S-foot concrete sidewalk Provide a minimum 21-foot street section on either side of the island in the emtry road. 7.1.5. Locate and construct the roadways as 34-foot street sections within 50-feet ofright-of--way complete with curbs, gutters and S-foot concrete sidewalks. 7.1.6. Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5. Comply with the District's Tree Planter Width Interim Policy. 7.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 200? 7.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10. Fayment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right~f--way. The applicant shall co~rtact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. $. IDAHO POWER COMPANY 8.1 The applicant shall contact the Idaho Power Company Operations Center with a formal request for service for this property. Existing infrastructure may possibly need to be upgraded in order to provide electrical services to this development. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINQ DATE OF FEBRUARY 20, 2007 C. Legal Description & Exhibit Map IDAHO S.UfZVEY GJtOUP Fmjcct Na. 05-319 Auoexrztlob Description 4~ 6, Ar~srded View Snbdlvl~dOtt Proposed Village Villas Subdivision Febn~ary 17, ZOOG Lot b of Attlendvd Magic View Subdivision and a portion of ~. Magic View Drive located in the South I /2 of the NE 1/4 of Section 17, T.3N.,1;,1E:, B.M:, Ada County, Idaho, as same is recorded in Book, S2 of Plats at Fags 444$. records of Ada Cosutty, Idaho, more particularly described ss follows- Cornsrencing at the East I!4 corner of said Section 17, from which tho Northeast cdrtter df said section beaFS Nordr W°22f 14" West, 2652.9b few 77tence North 00°2.2`14" Wes1,1326.39 feet; Theuco North 89°S7'30" West, 2p8B.18 feat ~ the Northeast ex~raer of said lot 6 lying vn the South boundary of Greeolui! Estates Snbdivision No. 2, as sarne~is seconded {n Bogk 35' of.Plats at Page 3002, records of Ada County, Idaho. saidpaint being the REAi, PUI]V~' 4.1F BEGIlVIWING. Thence~along rite East line of said Lot 6 arxl.said line oxRended. South 2°I S't Z" Weal. 514.79 feet tq a point on the North iirse of Las '7 of said Asneatded Magic View Subrlivisicn; Thence abn$ said North line North ti0°t)a•34° Went, 490.83 toot w a point tin tha East boundary of SnartirtgButl Subdivision Phase 2, as sas>te is recorder in Book 84 of Flats ai Fage 9318, records of Ada Cflunty. Idaho; Thence North 0[1°2x'32" East, 426.74 feet to tha Nortls~st comer of said subdivision Iying on the South botmdary of Greeohill Estates Subdivision, as same is recorded in Book 35 of Plats atFagg 3000,•t~ends of Ada County, Idaho; Thensx along the said.Sottth boutxlary rwd the Southbosmdazy of"said Greeatiill Subdivision No. Z South 89°S7'30'• East, 500.87 feet to the Point of Heginnirtg. Containing 5.30 acres. mans or less. ~I~'"'~... t. lUl, S ? 2t14~ µ +~sa r~v-~ sL Sutra 150 ~i~.Idaho aJ64z Cioln a~esro r~c.(2a).aea~.s39s Frepat+ed Ay: Tdabo Survey D. Terry Professional Lared Su`rveybrs .G: Exldbit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBR[7ARY 20, 2007 s~o non ~ ~. tt 1 ~C~;~ ~i~' 1A colr~vrrv s SR's7'do` E sao,sr ~~ 1 ( r••- ,~,~ ,,~,p. `~`_'-1 1 ~ t I~ ~ ~ ~ - - - -- -- - -, . ~. 1 ~ ~ .- . f. . ;~U I ' ~ ~ ~ ,~ I yE 1 P~ ~ ~ ~ '~ ~ ~ p s: ~ N rAf ~ ~ 7_ E 9f~R SIR_ : H Ti ~ ~ - ~'~ ~ I __ - . ~ -- -- . - 1 ~ _ _~y ~ __~ __. _ __ ~ [i[FT ~ ~ ~ ~ ~ ~ - ~ •- - _ ~. - _ ~~ pin, AN PUB~~ H~C~dB 41~`x ~` , ~ 'Pf~A~`EALY PLACE ~UBDI~I~ION ~ ~.~ o~r~,ma.a. ~ ~ s17a1 PAOPOS~ED MERIDfAN ANNF~ATION ~ „~,, , ,, 1 ~ ~ Leo or wr a ~ +rsr1 ~~so1~ ,ey sw tOG1AtD N1 1fE 91r 1/4 OF liE IE 1/~ GF 5C1:FRt1 17, T.~t. R1E. B.M,. YElhglAµ Ap{ COIN111; 164ro ~;. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRi1ARY 20, 2007 1~. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fall investigation and shall, at the public hearing, revfew 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 p~t-i The applicant is proposing to zone all of the subject property to L-O. Staff believes that the proposed amendment does not comply with the comprehensive Plan. However, the City Council finds that the proposed zoning map amendment does comply with the Comprehensive Plan Future Land Use Map and all applicable provisions. 2. The map amendment complies with the regaladons outlined for the proposed district, specifically the parpose statement; Multi-family residential developments are listed as a Conditional Use in the L-O zone per UDC Table 11-2B-2. If the applicant revises the plat to reflect the comments stated in the staff report, the development should meet the standards of the L-O zone for the proposed use. The City Council finds that the propose map amendment complies with the proposed zoning district and its purpose statement. Please see Section 8 of the staff report for detailed analysis on the purpose statement of the L-O zone. 3. The map amendme~ shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment and subsequent development of this property will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result iti an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, bnt 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 all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The City Council finds that Annexation and Zoning of thfs property to ]t,-O for a multi family development would be in the best interest of the City. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the foDowing findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed use of the property as amulti-family development complies with the adopted Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 5. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. I:xlu'bit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional nse permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located The City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC for the proposed use. 13. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi-family residential use in the proposed L-O zone meets the objectives of the Comprehensive Plan. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such nse will not adversely change the essential character of the same area. The City Council finds that the building height, parking layout, landscape buffer widths (as revised per staff comments), and other dimensional standards shown in the application generally comply with the UDC. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development may not adversely affect other property in the vicinity if the applicant complies with all comments listed in the analysis section of the staffreport and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will increase with this development; ACRD has reviewed the application and placed special conditions on the applicant. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police aad ire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Meridian Fire bepartment and other agencies. F. That the proposed nse will not create e$cessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Exhibnt D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .FEBRUARY 20, 2007 The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs aze expected fiom the City. The applicant and/or future property owners will be required to pay highway impact fees. G. That the proposed use wall not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The City Council finds the future buffer between land uses along the property boundaries adjacent to residential uses will help to mitigate noise, fumes and glare created by the additional traffic. H. That the proposed use will not result in the destruction, toss or damage of a natural, scenic or historic feature considered to be of ma jor importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unawaze. Exhibit D March 9, 2007 RZ 06-013 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Paradigm Real Estate ITEM NO. 5-.I REQUEST Findings for Approval -Request for a Rezone of .43 acres from an R$ to an O-T zone for Valley Shepherd Church of the Nazarene Property - 39 West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ,~ ~ ,~~': Y" ~ Y,,,, ~.~~*r~ ~ ~ ''rr ~~ ~ r fI~3'AF 3~,1 ~~.:~~ 1~ ~~ ~ ,~.~~ ~~~~. ~~ ~. ~. In the Matter of Re-Zoning .43 acres from R-8 to O-T by Paradigm Real Estate Holding. Case No(s). RZ-06-013 For the City Council Hearing Date of: February 27, 2007 (Findings on the March 13, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached StafFReport for the hearing date of February 27, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 27, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 27, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 27, 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. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 27, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 27, 2007 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of February 27, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 By action of the City Council at its regular meeting held on the ~~~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~7~~ COUNCIL MEMBER JOE BORTON VOTED-6~~~`'' COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~~~~`" COUNCIL MEMBER KEITH BIRD VOTED__~7z~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED "-~ ~, s P`,edi~~ Copy served upon Applicant, The Attorney. Bv: ~~Cz~1 n 1 ~i't~1~1 City Clerk Public Works Department and City Dated: C~?~-1 ~ =®`~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 2/27/2007 ('ontinued from 2/20/07 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 - ; ~K~,-: . fi`~° ~ ~' - 'f r I V ~: ,~r ~~ ~j '" r , sF ~ ~ e iu.~roc~ ~, ~~' ~~^ ~ ,4~ ~. f' -'~rF~ q ~ E s-4~~ a~~~,~~,= w~ Valley Shepherd Church (39 W. Pine) Rezone • RZ-06-013 Rezone of 0.43 acres from R-8 (Medium Density Residential) to O-T (Old Town) 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paradigm Real Estate Holding, has applied for a Rezone (RZ) of 0.43 acres from R-8 (Medium Density Residential) to O-T (Old Town). The Applicant intends to convert the existing home on the site to a professional office, which is not an allowed use in the existing R-8 zone, but would be allowed within the proposed O-T zone. The subject property is located at the southeast comer of Pine Street and West 18t Street in Section 12, Township 3 North, Range 1 West, B.M. The subject property is composed of one parcel currently referenced as Assessor's Parcel Number 89323750021. The site contains one exiting home that is currently owned and used by the Valley Shepherd Church. The existing home is proposed to be converted to a professional office as shown on the concept plan. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. The applicant has submitted a conceptual site plan for this site. The applicant is proposing to make site improvements at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to: parking, landscaping, and compliance with the Downtown Design Guidelines. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZr06-013, as presented in the staff report for the hearing date of February 27, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning and Zoning Commission heard this item on January 18, 2007. At the public hearing they moved to recommend approval. a. Summary of Commission Public Hearin i. In favor: Gary McAlister ii. In opposition: None iii. Commenting• None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. Possible cross access to the east c. Kev Commission Changes to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 ~, Summary of Citv CotLCil PabLic Hearin: i. In favor Garland Risner ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Anna Canning vi. Other staff commenting on annlication• None ]~ jay Issues of Discussionbv Counci: i. Cross access to the property to the west ii. Eliminating the access to Pine upon complete redevelopment of the property ~_ ~~ Co Heil Changes to Commission Reco mendation: i. dded a DA provision stating that if the existing building was ever removed and a ew building built on the site that the applicant would abandon access to West Pine Avenue and thereafter take access off West 1st Street 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 06-013 as presented in the staff report for the hearing date of February 27, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-06- 013 as presented during the hearing on February 27, 2007, for the following reasons: (State specific reasons for denial of the rezone request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ- 06-013 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 39 W. Pine Street Section 12, T3N, R1W b. Owner: Valley Shepherd Church of the Nazarene 39 W. Pine Street Meridian, ID 83642 c. Applicant: Paradigm Real Estate Holding 12058 Le Grange Boise, ID 83709 Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 c. Representative: Garry McAllister d. Present Zoning: R-8 e. Present Comprehensive Plan Designation: Old Town f. Applicant's Statement/Justification: The proposal is to rezone the subject property to Old Town and the use to Professional Office. The property will be remodeled inside and outside to meet the city code and zone requirements. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 181, and January 15~', 2007 (Planning Commission), January 29"', and February 12a', 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: December 2151, 2006 (Planning Commission), January 26~. 2007 (City Council) d. Applicant posted notice on site by: January 8~`, 2006 (Planning Commission), February l0a', 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family residentiaUChurchu5e b. Description of Character of Surrounding Area: This site is located near the downtown core of Meridian. There are various uses in this area included offices, retail, residential, and an elementary school. c. Adjacent Land Use and Zoning 1. North: Pine Avenue and Meridian Elementary School, zoned R-4 2. East: Office Use, zoned O-T 3. South: Single Family Home, zoned R-8 4. West: W. 181 Street and Single Family Home, zoned R-8 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This building is already serviced. Location of water: This building is already serviced. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for if removed. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 6. Proposed Zoning: O-T 7. Size of Property: 0.43 acres f. Summary of Proposed Streets and/or Access: As shown on the concept plan, the applicant is proposing to have one direct access to Pine Street and five diagonal parking stalls on W.18t Street that will be placed partially within ACRD right-of--way. ACRD has provided comments regarding the proposed access point and parking. In the comments provided, ACRD appears to have no major objection to the access point. and parking proposed, as long as the applicant enters into license agreement with ACPID for the parking located within the right-of--way. Staff is also supportive of the access point and parking as proposed by the applicant. Although diagonal parking that is directly accessed from the street is not a standard design, staff believes that it can work in this situation due to the location and low traffic volumes along W lst Street. Staff is also supportive of the single access point to Pine and believes that maximum of one public street access should be allowed into this property (as/if allowed/approved by ACHD). 7. COMMENTS MEETING On December 29, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Old Town." The Comprehensive Plan defines the Old Town district as: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." The applicant is requesting to rezone this property to O-T, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Chapter V, Goal II, Objective A, Action 3 - "Support compatible uses which will attract a high daytime and nighttime population to the downtown area." Converting the subject property to O-T and allowing mote intense uses such as pYOfessional offices to locate on this property will increase the viability of the downtown area as an ofJ`ice and retail district that attracts a higher daytime population. • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 4 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 As proposed in the applicant's concept plan only one access point will be allowed into this property off of Pine, which is classed as a minor arterial. There is currently an existing access point into this site from Pine. The proposed access point will not increase the number of accesses that this property currently has onto Pine Avenue. 9. ZONING ORDINANCE a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-1 lists the permitted, accessory, and conditional uses in the Traditional Neighborhood districts. Personal or professional services aze principally permitted in the O-T zone. . b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONING ANALYSIS: The applicant's request to rezone the property to O-T is generally compatible with the surrounding land uses. The property to the west received approval for a similaz rezone from R-8 to O-T in early 2005 (Monson Rezone, RZ-OS-001). The O-T district is designed for a mix of uses such as residential, office and retail. The conversion of this property to professional office space will help to enhance the diversity of the Old Town azea and help to create a downtown that provides jobs and services to the residents of Meridian. Based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from R-8 to O-T is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. The legal description for rezoning submitted with the application (prepared on November 1, 2006, by John T. Eddy, PLS) shows the property within the existing corporate boundary of the City of Meridian. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submitted with the rezone application with the following comments: Access: There is one proposed access point into this site from Pine Avenue, shown on the concept plan. Staff is supportive of the proposed single access point. No other public street access should be permitted with this development. The specific location of the proposed access should be approved by the Ada County Highway District. Parking: The total square footage of the proposed office building is approximately 3,500 square feet (including 755 square foot garage which will be converted to offices). UDC 11-3C-6B requires one pazking space for every 500 square feet of gross floor azea. Using that calculation the applicant is required to provide seven parking spaces on this site. The applicant is proposing eight parking spaces (three standazd and five diagonal spaces Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 located partially in the right of way) which meets this requirement. Although the diagonal spaces located partially in the right of way are not standard practice, staff believes that these spaces are a good solution to the pazking problem that often arises on small redevelopment sites such as this. Landscaping: The Downtown Meridian Design Guidelines, which govern development in the O-T district, do not require street landscape buffers. The Guidelines were designed primarily for new construction in the downtown core where new buildings aze required to be brought to the edge of sidewalk and essentially have no front setback. The subject concept plan only proposes to convert the existing residence to an office building and therefore is not required to pull the building to the back of sidewalk as would be required if new construction was proposed. Because this property has frontage along Pine, which is projected to operate as a minor arterial, (see COMPASS Functional Classification Map, preliminarily approved on Mazch 20, 2006) and the building is to remain in its current location, staff believes that requiring some landscaping between the existing building and Pine would be beneficial, until the existing structure is removed or modified. At such time the proposal should be consistent with the Guidelines and the UDC. Due to the location of the existing building staff believes that a 20 foot wide landscape buffer designed in accordance with UDC 11-3B-7 should be provided along Pine Avenue for this project. All pazking lot landscaping should comply with UDC 11-3B-8. Cross Access: Staff considered requiring the applicant to provide a cross access driveway to the neighboring property to the east which is also zoned O-T. Upon further analysis it became clear that providing cross access to this pazcel was not feasible due to an existing utility pole that runs along the eastern property line. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) aze complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. 2. Staff recommends that a Development Agreement (DA) be required as part of rezoning this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the O-T zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 permit from the Planning Department prior to the conversion of the existing home to an office use. • Any exterior modifications or new construction shall be subject to the standards outlined in the Downtown Meridian Design Guidelines. • The applicant shall be allowed to construct only one driveway access to Pine Avenue, at a location to be approved by the Ada county Highway District (ACRD). No other public street access to Pine Avenue will be permitted to this site. • The applicant shall construct, at minimum, a 20-foot wide landscape buffer along Pine Avenue. At such time as the existing structure is removed or structurally altered, the landscaping may be removed as the Downtown Design Guidelines and the O-T District Regulations of the UDC do not currently require street buffers along Pine. • The site shall be developed in general compliance with the concept plan submitted by the applicant (no date). • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. • If the existine buildine ever is removed and a new buildine is built on the site. that access to West Pine Avenue be abandoned and thereafter access only be taken from West 1st Street. b. Staff Recommendation: Staff recommends approval of the proposed rezone (R~06-013), subject to the Development Agreement provisions listed above. The Meridian Plamun~ and Zoning Commission heard this item on January 18.2007. At the public hearing they moved to recommend approval The Meridian Citv Counc'1 heard these items on Februarv27_. 2007 ~h~.nublic hearin~~y~pp iect rezone request 11. EDITS A. Drawings 1. Vicinity /Current Zoning Map 2. Conceptual Site Plan B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Valley Shepherd Church (39 W. Pine) RZ-06-013 PAGE 7 ~- i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 A. Drawings 1. Vicinity /Current Zoning Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 2. Conceptual Site Plan ,E~.•vg a §. _~ N h I ® i I 0 I l11 1 I I ~, ~. z i~ ! ~I ~, z ~;~ I Q I ~ ~ ~~~ ,~ ,,,..r ~ I ~O Z :p;W I ; .~'~: X ?'a ~ ~~ I I a ~~ r ~~ `~. .~ ,E~~~ 193c~1S 1Sl ^' Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (stamped on November 1, 2006, by John T. Eddy, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Prior to re-zone ordinance approval, the applicant shall enter into a Development Agreement with the city. See section 10 above for analysis and comments. 2. FIItE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 2.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.5 Maintain a separation of 5' from the building to the dumpster enclosure. 2.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 2.7 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application (additional site specific requirements may be levied with a specific redevelopment application). 4.1 Widen the pavement on l st Street 30 to 35 -feet from the centerline of the roadway to the back of curb to accommodate 5 diagonal pazking stalls on the public street. 4.2 Coordinate the design of the 45 degree diagonal on street pazking with District Traffic Services staff. 4.3 Enter into a license agreement (encompassing a hold harmless agreement) with the District for the diagonal parking located within the right-of--way. An annual fee maybe required for the license agreement. 4.4 Construct curb, gutter, and 5-foot attached concrete sidewalk abutting the site on 13t Street. Construct vertical curb, gutter, and 5-foot attached concrete sidewalk along in inside of the diagonal pazking azea to make a cleaz distinction between the pazking and sidewalk. 4.5 Construct one driveway to intersect Pine Street located approximately 5-feet west of the east property line (measures property line to neaz edge), as proposed. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 C. Legal Description 1 y~~ RE~i ~.~VAL (/ cy `/ November 1, 2006 MERIDiHh' FiIBLSG' Project: Garland Risner w~c^KSOePr. ANNEXATION DESCRIPTION TO INCLUDE THE CENTERLINE OF WEST PINE AVE. AND WEST FIRST STREET ADJACENT TO SUBJECT PROPERTY FOR GARLAND RISNER BEING THE WEST 1/2 OF LOT 1, BLOCK 1 OF THE WEST VIEW ADDITION TO MERIDIAN LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 SECTION 12 T.3N.,R.1W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel of land being the West 1/2 of Lot 1, Block 1, of West View Addition to Meridian to include to the centerline of West Pine Ave. and to the centerline of West First Street adjacent to subject property, as recorded in the Ada County Court House, Boise, Idaho, and more particularly described as follows: Beginning at a brass cap marking the East 1/4 corner of Section 12, T.3N.,R.iW., B.M., city of Meridian, Ada County, Idaho, which is also the centerline of Meridian Street and centerline of West Pine Ave.; thence North 8924'44" West 162.89 feet along the northerly boundary of said Southeast 1/4, Section 12, which is also the centerline of West Pine Ave. to a point, said point being the REAL POINT OF BEGINNING; thence continuing along said centerline 163.02 feet to a 2-inch aluminum cap marked centerline of west Pine Ave.and West First St. thence leaving said centerline of West Pine Ave. South 0028'51" West•114.57 feet along the centerline of West First St. to a point; thence leaving said easterly boundary South 89°21'36^ East 162.65 feet along the southerly boundary of the said West 1/2 of the said Lot 1, Block 1 to an iron pin marking the southeasterly corner of said West 1/2 of Lot 1, Block 1; thence leaving said southerly boundary North 0°38'03^ East 114.69 feet to the point of beginning. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above d~sc~;,}~cel of land. by: Eddy PLS 972 Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 Y ~~$~~ I `I~ ~ K I~ _ ~ ~ ~ ~ ~.~~ ~~O i J' z ~ ., Z O~ ~I ~ ~ ~ ~ ~ ~- ~a ~ 6~•hii ar ~~ ,.~~ 8aka iii ~~~~~aaa~~~~,i II OBo~ooO®~$~ I~ ~6 3~ i~`Q ~~ P1 -__ ~~~ __ CI I~ mks C 1 ca a ~' w~ ~ 3 ;~ N 0 v OOZdd/ N670/X3/1 NLdION C y/,~07g 3'I i r~ ~ ~IW . I N` ~," Ih ~ " N si ~ ,~ ~ Ii .~ t-~ _ /S9D 3/f.PmY~__ - ~LS~// _ {{{888 -- ~~~ 1 ~~~ "ti ~~e ~ ~~~ ~ d ~~_~~~~~ ~~ie~3Ei N h O V J3367,5 7s! -- .;-tssauav ~N/NY~B ~lO S/S'YB ~I QI c~ z O Q Z Q J w Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject property to O-T. City Council finds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that professional offices are permitted within the requested zoning district of O- T. Staff and the Commission believe that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. City Council also finds that the proposed zoning and future uses on this site can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area, if the applicant enters into a development agreement with the City. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be rezoned as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. Exhibit D • • March 9, 2007 RZ 06-014 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Joint School District No 2 ITEM NO. Jr-K REQUEST Findings for Approval -- Request for a Rezone of 15.58 acres from an R-4 zone to an O-T zone for Joint School District No 2 - 911 Norfh Meridian Road View Courf 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 Findings • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER u ,f '` _.~ ~~ ~' ~ ~ c.~ ~~i~ ~4~ ~) ~ ~ i ~j ,o:~~ '+ r ''~~~ "~`s.~- . In the Matter of the Request for Rezone of 15.58 acres from R-4 to O-T for the property located at 911 N. Meridian Road, by the Joint School District No. 2 Case No(s). RZ-06-014 For the City Council Hearing Dates of: February 20th, and February 27t", 2007 (Findings on the March 13t", 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 20, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-014 • 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. 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 Deparlrnent and any affected party requesting notice. 6. That this approval is subject to the Legal Description in the attached Staff Report for the hearing date of February 20, 2007, incorporated by reference. All provisions of approval are concluded to be reasonable and the applicant shall meet such requirements. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone as evidenced by having submitted the legal description prepared by Patrick J. Scheffler, PLS, stamped and dated November 14, 2006, is hereby approved; and, 2. The following modification to the Staff Report was made at the City Council hearing: The City Council decided that a Development Agreement was not necessary for this project. The address of the elementary school will need to be changed and the old school house building will need to be relocated, just not as part of a Development Agreement. D. Attached: Staff Report for the hearing date of February 20, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-014 i By action of the City Council at its regular meeting held on the ~~ ~ day of _, 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_ I~~~ COUNCIL MEMBER JOE BORTON VOTED_~%~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_z~~-- COUNCIL MEMBER KEITH BIRD VOTED-~~~~''~ MAYOR TAMMY de WEERD VOTED `""~~ (TIE BREAKER) Attest: :~-~~%~ G. Berg, Jr., City Copy served upon Applicant, Attorney. h `~ ~ ` `' ~ ` ~. ~. ~ ~~°~n-~ Pr~di~le.~ ~; ~~~ ~~°~~ ~r~® ~,~ \ The Plantung 1~epartment, Public Works Department and City ~ I,, / !- By: ~~~' f C~,~ (Yl S~ `~( Dated: ~~ ~~ fJ7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-014 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 STAFF REPORT Hearing Date: February 20, 2007 (Continued to February 27, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Joint School District No. 2 Rezone • RZ-06-014 ~~ :- ;" ~re-~n~ j~rt~ 'fit d i ~. a~,, ~, ~~~ ~, ~,. `~,~~ Rezone of 15.58 acres from R-4 (Medium Low-Density Residential) to O-T (Old Town), by Joint School District No. 2. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for a Rezone (RZ) of 15.58 acres from R-4 (Medium Low-density Residential) to O-T (Old Town) for the property located at 911 N. Meridian Road. The site is generally located on the northwest corner of N. Meridian Road and W. Pine Avenue in Section 12, Township 3 North, Range 1 West. The applicant is requesting the subject property be rezoned so that a portion of it may be sold as commerciaUoffice property. This site currently contains administrative offices for the Joint School District and Meridian Elementary School. 2. SUMMARY RECOMMENDATION Staff recommends approval of R~06-014, as presented in the staff report for the hearing date of January 18, 2007 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A. NOTE: Because this is only a rezone application, and no new development is being proposed, there are no conditions of approval. The Meridian Planning and Zoning Commission heard this item on January 18, 2007. At the public hearing they moved to recommend approval. a. Summary of Commission Public Hearin i. In favor: Shari Stiles (applicant's representative) ii. In opposition: None iii. Commenting: Wendell Bigham, Joint School District No. 2 (applicant) iv. Staff presenting application: Sonya Wafters v. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. The relocation of the old Pine Street schoolhouse on the elementary school site; ii. A change in address for the elementary school from State Street to W. lat Street• c. Kev Commission Changes to Staff Recommendation: i. Require a Development Agreement (DA) for the subiect property; ii. Include in the DA, that the old schoolhouse be moved and maintained on the Meridian Elementary School parcel prior to development of the parcel on the northwest corner of W. Pine Avenue & N. Meridian Road: iii. Include in the DA, that the re-addressing of Meridian Elementary be worked out with emergency services and Planning Staff with the address change needing to happen after school lets out the summer of 2007 prior to school resuming in the fall of 2007. d. Outstanding Issue(s) for City Council: Joint School District No. 2 - RZ-06-014 PAGE 1 i ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 i. None ,_~ S mmary of itv Co ~nc'1 Pub is Hea_*~ng_: i. n favor: hari 'le . F.n~ inee 'n olution (ADD icant' Renre entativel 11. In ODDOS1ti0II: NOIIe iii. ommentin~: W'll Berg ( itv lerkl iv. Written testimony: None v. tall Dresenting aDDLi~tio n: nna Ca Wing vi. Other staff co m n 'nom o n annlication: None li. ev Issues of Discussion by Co n c'l: i. he need for a Develonme nt Agreement to en re ha he ad res for the ementarv s l i h h d d th ld h l h il i b i l d c oo s c an ce an e o a n c oo oD e re ocate ,~, Kev Council Changes to o miss ion Recnmm .ndatinn~ i. Develonment Agreemen t ha 1 not be rea .fired 3. PROPOSED MOTIONS Approval I move to approve File Number RZ-06-014 as presented in the staff report for the hearing date of February 20, 2007, with the following changes to the staff report: (add any proposed modifications). Denial I move to deny File Number RZ-06-014 as presented during the hearing on February 20, 2007, for the following reasons: (you should state specific reasons for denial. They should address how the applicant might redo the application to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-06-014 to (date certain) for the following reason(s): (insert reason). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 911 N. Meridian Road (Northwest comer of N. Meridian Road and W. Pine Avenue in Section 12, Township 3 North, Range 1 West) Parcel No.: 86066000205 b. Owner: Joint School District No. 2 911 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-4 (Medium Low-density Residential) Joint School District No. 2 - RZ-06-014 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY Z0, 2007 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: "The Joint School District No. 2 is in the process of relocating their Administrative Offices to another site. The school district will no longer have need of the old Administrative Office facilities at 911 N. Meridian Road and would like to offer the property for sale. The best use and value for the property is commercial and light office. The existing R-4 zoning does not allow for these uses and therefore, the district requests a change of zoning to an "Old Town" designation, which we understand will allow for commercial uses." Please see applicant's submittal letter. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 1St and January 15th, 2007 (Commission); January 29`h. 2007 and February 12th. 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: December 21St, 2006 (Commission); January 26td. 2007 (City Council) d. Applicant posted notice on site by: January 6th, 2007; February 10`h. 2007 6. LAND USE a. Existing Land Use(s): Administrative Offices for the Joint School District No. 2 and Meridian Elementary School b. Description of Character of Surrounding Area: Existing single-family dwellings and some nearby commercial uses. c. Adjacent Land Use and Zoning: 1. North: Existing medical office &single-family residences, zoned R-4 2. East: Existing single-family residences, zoned R-4 & O-T 3. South: Existing single-family residences, zoned R-4 & property zoned O-T 4. West: Existing single-family residences, zoned R-4 d. History of Previous Actions: A portion of the subject property was platted as part of Niday's Addition Subdivision in 1903. The remainder of the property along the north boundary is un- plattedparcel ground. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This is an 8-inch main located within this property. Location of water: There are water mains in both Meridian and Pine. Issues or concerns: None 2. Vegetation: NA 3. Flood plain: NA 4. Canals/Ditches Irrigation: None 5. Hazards: None Joint School District No. 2 - RZ-06-014 PAGE 3 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 6. Proposed Zoning: O-T 7. Size of Property: 15.58 acres 7. COMMENTS MEETING On December 29, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. No significant comments were received from any agencies or departments. Staff has included all comments and recommended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned R-4. Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Please see UDC Table 11-2D-2 for a complete listing of principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the O-T district. A sample of permitted uses in the O-T district include the following: churches, group daycares, single-family dwellings, townhouses, duplexes, multi-family developments, education institutions, fmancial institutions, healthcare of social services, personal or professional services, restaurants, retail stores, and vertically integrated residential projects. b. Purpose Statement of Zone: The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, fmancial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The applicant is requesting a rezone of this property because the school district is relocating their Administrative Offices to another site and will no longer need the current facilities located on the subject property. They would like to sell the portion of the property where the offices are located and an O-T zoning designation would allow for future commercial and light office uses. The applicant is also requesting a concurrent Property Boundary Adjustment (PBA) for the property that will be considered at staff level, which proposes to reduce the total number of lots to 4 from what was originally platted in 1903 with the Niday's Addition Subdivision. A conceptual development plan has not been submitted with this Joint School District No. 2 - RZ-06-014 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 application. The School District is not planning on developing the property, rather they aze planning to retain the elementary school and sell the property fronting on N. Meridian Road and W. Pine Avenue once it is re-zoned. Based on the policies and goals contained in the Comprehensive Plan, staff believes that the rezoning of this site to O-T is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepazed on November 14, 2006 by Patrick Scheffler, PLS) shows the property within the existing corporate boundary of the City of Meridian. Sanitary sewer and water service: The current buildings aze serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time. The applicant will be responsible for all costs associated with any sewer and water service extension or upgrade. Wells may only be used for non-domestic purposes such as landscape irrigation. Future Uses: If this property is rezoned to O-T, all new construction and exterior modifications on the site shall be subject to administrative design review in accordance with the Downtown Meridian Design Guidelines. Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines shall be subject to a conditional use permit per UDC 11-2D-4. For this reason, staff does not believe that additional design standards are necessary to be placed in a Development Agreement with this rezone request. Address: The site is currently addressed off of State Street, which the property does not have frontage on; State Street exists across N. Meridian Road to the east of the site but only extends to the section line of N. Meridian Road. This discrepancy could cause critical delays in emergency vehicle response time to the site. The applicant should contact Tricia Bieren in the Public Works Department at 898-5500 to request a change of address. A Certificate of Zoning Compliance will be required for all new construction, alterations, and/or the establishment of a new use per UDC 11-SB-lA. All future re-development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, 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. b. Staff Recommendation: Staff recommends approval of R2-06-014 for 911 N. Meridian Road as presented in the staff report for the hearing date of January 18, 2007 based on the Findings of Fact as listed in Exhibit C. Staff has included all comments and recommended actions in the attached Exhibit A (because this is only a rezone application, there aze no conditions of approval). The Meridian PlanninE and Zoning Commission heard this item on January 18a' 2007 At the public hearing 11. E1~ITS A. Agency and Department Comments 1. Planning Department 2. Public Works Department Joint School District No. 2 - RZ-06-014 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 3. Fire Department 4. Police Department 5. Sanitary Services B. Legal Description & Exhibit Map C. Required Findings from Unified Development Code Joint School District No. 2 - RZ-06-014 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 A. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Patrick Scheffler, PLS, dated November 14, 2006 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 All future uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 ~_ __ _ , • The old schoolhouse building on this site shall be moved and maintained on the Meridian Elementary School parcel prior to development of the parcel on the northwest corner of W. Pine Avenue and N. Meridian Road. • The re-addressing of Meridian Elementary shall be coordinated with emergent services and Planning Staff with the address change happening after school lets out for the summer of 2007, prior to school resuming in the fall of 2007. Contact Tricia Shindle in the Public Works Department (898-5500) for specific addressing details and requirements. 2. PUBLIC WORKS DEPARTMENT 2.1 The current buildings are serviced by existing service lines to the City of Meridian's domestic water and sewer systems. Upon re-development of this property new services or mains may need to be installed. 3. TmE DEPARTMENT 3.1 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.2. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.3 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.4 The Fire Dept. has concerns about the addressing of the existing elementary school and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the application. 5. SANITARY SERVICE COMPANY 5.1 5SC has no comments related to this application. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 B. Legal Description & Exhibit Map ID/4H0 14~ t~tw~ st. ss,w~ lSt3 SURVEY Mme, te~fto s3~az GR4UF s~b~o r~ i tit-x~ss rmj~ No. 4~ 26$ Nove~er i~4. zoo6 D~sct3Ptlntr far Re~ae to f°Old Tokn" Joint ~SrhaDi 1}istrict Na. Z Being ail of Blocks 1, 6 oral 7, and portions of f3laclrs a, 3, 4, Sand S?, Niday's Addition; as Gkd in Book Z of Flirts ~ Fage 75; records of Ada. Gormty, Idaho, togethcJr will; vactited streets anti alleys as vaueated by the following documents rewrded in the offrce of the C;®unty Recorder of Ada Courrry, Idaho: Instsurnent No. 232762 recorded fn lifook 19 at t~at*e 563 of iVli~elianeous Reeds, Btsbument Tto. 247$05 recorded in B~tk 19 at Page 39G.of Atisreflaneou5 Accords, Insttvment N®. 36171 recorded an Boalt 2$ at Page i 4 of lylixelleatec~us Ri.~ords; dusrt I~3o. J6141460 and Instrurn~nB No. 8b5$13~1; lo~~thar with: a parcel of land located in t~ Scwfh'~a df the Nutihi~tn'/o ofSection l2, Township 3 North; Range t West, BoiselVleadian, Eloise, Ada County, Idaho. more paHicularly deseribcd as follows: Beginning at a t+aus~x cap raeruament inar}:Sng the bast I84 comer of said: Sc~.`tion 12; Thence iilong the mid-seati4n line of mid Section i2 Nort3~ X39°Z6°40" West, aZ5.~7 #eet to a paint marking the centerline intersection of W. Pius A~r~e. and 1A°. l'' Street;. Thence. slang said centerline: of W, l~' Street North tSY°23'0$" East, 138A0 i~etw TM.mee departing raid centerline North t3~26'90"' West, i SQ.4? feet w a pmt on the East riglet-of-way of a public alley; said point also msrkint# the Northwr~t carver o3 Lot 3; 73Iocir 3 of said Ntday°s Addition; Theme slang said right-af way of fife Aotth AO"23'33" fast, 96.OQ fcc~t; Thence North 69°26'40" k'r'esta 19G.47 feet to a poirrt on the Wiese right-of-stay of t~. 2'~° Street said paint~isa marking the Northeast carver of Lot Cs, F3l9ck 3 of said Niday's Addition; Thence North OQ°24'tyt" Wit; 4.40 feetiw Thence North $9°26°40" Vdcst..1 t9.72 feet; Thence S®utli 00°28'50" West, 4.04. feet to a point iyutg ~vt the East right-of-war yf a pnblfc ailed; said Foirit also king the Northwest corner of Lot d. Blrick 3 of mid Niday's Addition; Thence North 89°Zt+"3$"'V1~est, I55.i3 feet to a paint that bps South !39°26'38" East, 10.a~9 .feet from the centerline of ~`. 3'~ Sireee; Thence North ?3°l9'23" West, 3I.44 ft~'t; Professional Land Surveyors Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 slle~; ~1~IiGe r~i(13'th 6~~3~~'~~~'~e~t„ i~5.79 ~~~; l hkence ~torth $9°m6'2,2'" '-'~ .,~~ feet to ~ paint orI she t right-cif u+~y ~.~ ~ g~r1~ Thence along ~d right-afax~a~ Ntrrt~ ~t3~3 T2g'' F~sa, ~53.5~ ~'i~t ~ a pc~iiat rrI~in~-the ° inte~eotivn of the fast rift-raf v o!° s latabiic a11ew auc~ tie eteriine ~f vae~~d [~rltc~ Aye., `ilrer~~ ~lh t)f?g26'!8"~.gt, ~t1.~2 test tc~ ~ 5$i~" r~l>~r lyast~ can #h~ Soma a~f Frcxst Adilttiota. as i 11ec1 ire. Hook. !~ ~f PIa~ ut 1'a~ fi~'~, ee~,rels ~f'Acl~ Cvonty~ idahs; Tlaenc~ slung laid S+a»zh lwuadary South ii4°~'i}4'% laast, ~Sti.~~ feet to a pni~t Iyiu.~ 9n the centerline of W, ~ffi Sheet; ~Ixeatce along s~i~ cetatez~itte ~autla A{f~Zit; I"t3" 'V4'~e, 219.7"P feet tcs a poiar r-~king the t~nter{ine interaection of ~4, !~` Street cud s~rlton:Niv~.; 1ltence slang saki Carlton A,ve. centerline South 85°2?'0~" F,~~t; 14R.O.3 feels Y hence South 4t1~~'23" 1`~est+ ~2Cs (13 feet to a 5,'$" rebar._ '!'hence Soirtla t39°~~'~~" East; 161~,t11 feettd a point !ping on the East s~ctioai Inoe of sail! Scotian 12; '!'hence alotag said !oast sec. tiara tffie Saut6 (3t1~3'3?" vcae~, 36.1 ! feet tcx ~ paiint of l~e~;ir~aiizag. ~orrtaiasing ~5.~~ air moire nr less.. Prepared'ap: ldaiia Survey ~'6-up, P.G: Patrick.!. ~"Ghgffier:I'LS c YAL 8Y ~~ ~` ~ ~.~ ®~;tc Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 REVi d 11"'I~' ~_ e~ LINE tA ~i.~ L!1'~tE I~IVG~-d 9~ARttvt~ La 'af3. N 0 '2J'u~8." ~ L2 fl ~CD.+F7` ~ 89"2B'4~° 4Y -so_oa rv ao~3'~~" ~~ 4.09. 4IC` 4"0?° E ~~ tas:~2 ?~ i§9•~'~~~ 1~7 ~.~ ~ 5. tFt~'2d~' La t~~,t ~ w ~~ ~s'3~" ~t ~9 w1.Q4 . Pa 2 `1~, ~° Li0 t~5.~'~ N E6' 3', ° '~ dt T 2?-~~ ~ - ,7- ° h~l - }?Rt3PEfi7'Y BW1t4DAR1' LIM1IE ~ - - LQT LINE i~tgi7-QF-WA'f t,d9~tE - - 4 - ct~~ruaE SCALE: 1 " = ~~0° tit ,~~asz ~u~~E~ sur~+~i C~tOUP, P.C: '' ~AEkI#}tAP! d~1NT ~CHE1iDl 0lSTR1C7 N0, 2 .ZONE CNA~IGE T(} '"~}LD 70YV~!° ZOPl1~ Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20, 2007 C. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O-T. The City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that a variety of residential, commercial, and office uses are permitted within the requested zoning district of O-T. Further, the City Council fmds that the rezone of the subject property to O-T will encourage revitalization and growth within the city center. 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 may be provided when determining this fmding. 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. Exhibit C March 9, 2007 SHP 07-001 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Douglas Clegg ITEM NO. S-L REQUEST Request for Short Plat Approval for 21 condominium units in 7 buildings in an R-8 zone for Spring Creek Condominium ShorlF Plat - 175 E. Calderwood Drive 3291 E Pine Street 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 Comments Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. Jr-M REQUEST Approve Change Order No 1 with BRS Architects for New Water Division Building (Design) for $8,206.47: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo 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: G SANITARY SERVICE COMPANY " 1 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Brad Watson, P.E., Public Works Director Len Grady, P.E., City Engineer Rick Clinton, Water Division Superintendent Keith Watts, Purchasing Date: 3/6/2007 Re: Proposed Agenda Item for March 13, 2007 City Council Meeting ~~E ~ar~ ~~ ~ ~uU~ City of Meridian City Clea-k Office The Public Works Department respectfully requests the following item be placed on the March 13, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 1 for the New Water Division Buildina (Design). This change order consists of the following Work and amounts to 13.24% of the design contract: Additional Contract administration and reprinting of specifications and plans were required for the rebid of this project. BRS Architects submitted an invoice for this change order as summarized below: • BRS Architects $8,206.47 Recommended Council Action: The Public Works Department recommends that Clty Council approves Change Order No. 1 for the New Water Division Buildina (Desianl with BRS Archit®cts for $8,206.47 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. Originals will be sent for signature upon review. From the desk of ........................ Max Jensen Engineering Techniaan Meridian Pubic Works Depatfiment 660 E. Watertow+er, Suite 200 Meridian, Idaho 83842 Phone: (208) 898-5500 Fax (208)898.9551 jenserrm@meridianaty.org U ~ Page 1 • CHANGE ORDER NO. 1 DATE OF ISSUANCE OWNER Ci~of Meridian CONTRACTOR BRS Architects Contract: Water Division Building, Phase 1 Project: Water Division Building, Phase 1. OWNER's Contract No. NIA ENGINEER You are directed to make the following changes: Description: This change order consists of the following work: EFFECTIVE DAT No. 1 ENGINEER's Contract No. N/A • Contract administration and reprinting of revised plans and specifications for rebid of project. Reason for Change Order. Rebid Attachments: (t_ist documents supporting change): BRS Invoice No. 00205ti'A for $8,206.47. CHANGE IN CONTRACT PRICE: Original Contract Price $ 6_ .2.000 .Net Increase {Decrease) from previous Change Orders No. 0 to 0 $ 0 Contract Price prior to this Change Order: $ 6_ 2.000 Net increase (decrease) of this Change Order. 8 206.47 Gontract Price with ail approved Change Orders: $ 70.206.47 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: jVA Ready /or final payment: NA (days or dates) Net change from previous Change Orders No. _ to No, _ Substantial Completion: NA Ready for final payment:,N-~P (days) ContracK Times prior to this Change Order: Substantial Completion: NA Ready for final payment: NA (days or dates) Net increase (decrease) this Change Order. Substantial Completion: NL1 Ready for final payment: NA (days) Contract Times with all approved Change Orders: Substantial Completion: tYA Ready for final payment: NA (days or dates) RECOMMENDED: ACCEP ED; L~ APPROVED: ATTEST: Max/. Tech. Contractor Tammv de Weerd. Manor William G. Rnm Jr. Cihr Ckark Date• yj '7 ' r/7 Date• ~"Nv^~'~l t~ Date• _ Date: _. Approved by City Council: ' EJCDC 't910-ti-ti {1998 Ed'dion) Prepared by the Engineers Joint Contract Documents Cornmiltee and endorsed by The Associated General Contractors of America and the Construction Specifications institute. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Paul Sevoian, Fairview Terrace, City of Meridian ITEM NO. 5-N REQUEST Approve Memorandum of Understanding for Sevoy Antiques AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. COMMENTS See Attached Memo nun uuvni r n~~unYCR v. uRYtU IVAYArittU RmOUNT .00 ~ BOISE 1QAH0 03/29/07 01:49 PM ++ II I QEPUTY Neaua Haney ~~~ I~~I~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ REGORQEQ-REQUEST OF Meridian Cily 107044~~~ MEMORANDUM OF IJNDERS'1'Alrt~uvt~ BETWEEN PAUL SEVOIAN AND FAIRVIEW TERR.A-CE, LLC AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this __ day of 200'7, by and between Paul Sevoian; Fairview Terrace, LLC, an Idaho Limited Liability Company; and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to private sewer mains owned by Fairview Terrace, LLC and to the City of Meridian water system by Paul Sevoian for the proposed Sevoy Antiques Retail Building located as shown in Figure i . WHEREAS, Paul Sevoian is the sole owner, in law and/or in equity of certain tract of land in the City of Meridian, County of Ada, State of Idaho, generally depicted in Figure l and commonly known as 650 East Fairview Avenue, future site of Sevoy Antiques Retail Building, hereinafter referred to as the Development; and WHEREAS, Tdaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and WHEREAS, Fairview Terrace, LLC privately owns, operates, and maintains the Sewer/Water system contained in and on its parcel, hereinafter referred to as Property; and WHEREAS, the City has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-34 and 9-1-6; and WHEREAS, Paul Sevoian is desirous of obtaining connection to the Sewer/Water to serve the Development, and Fairview Terrace, LLC is willing to provide that connection to the Sewer service to the Development subject to the terms and conditions and consideration of this agreement, and City is willing to provide the connection to Water service, it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the City's Ordinance and Policy/Regulations which govern its Sewer/Water system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: Page 1 of 5 Water Paul Sevoian will extend an 8" water main north from the CITY water system on Barbara Street near Fairview Avenue to existing private &" water lines on Fairview Terrace Estates, LLC Property. The Water connection will include two (2) 4" water meters and backflow prevention device(s) to serve the Property, and (2) 1" water meters (one for domestic, and one for landscape) to serve the Development. Paul Sevoian will be responsible for all associated costs in the construction of this new water main extension and its appurtenances. In exchange for increased water flow {thus better fire protection) to Property, Fairview Terrace, LLC will grant an easement from south Property line north along Barbara Street to accommodate the infrastructure of the new water main, water meters, and backflow device(s). Sewer Paul Sevoian will construct approximately 171 feet of 8" sewer main along Barbara Street from north of Fairview Avenue to the existing sanitary sewer manhole on Fairview Terrace, LLC's Property. Fairview Terrace Estates, LLC agrees to maintain this new sewer main, once constructed, in exchange for the water supply increase described above. Maintenance and Fees CITY will maintain and operate the water facilities and distribution system in its charge as described in Meridian City Code §9-1-6. Fairview Terrace, LLC will continue to maintain and operate the sewer and water systems on its Property and any of the water system downstream of water meters. CITY will collect hookup fee from Paul Sevoian and monthly fees for this service based upon water usage. CITY will not collect any fees from Fairview Terrace, LLC for the new connection, but will continue to collect monthly fees based upon water usage. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Paul Sevoian will pay for all overtime which may be required for this service. 1N WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. SEVOY ANTIQUES By Paul Sevoian, Owner Page 2 of 5 FAIRVIEW R Billings, CITY OF MERIDIAN, IDAHO By: Attest: Weerd, Mayor ~~ William Berg, Jr.,~C~it~y~Clerk l"_~~' Wr ..cam STATE OF IDAHO, } . ss. County of Ada, ) ---°--._ U' `,,' '9 ~;~' ~ ~ ~~ C~ On this 7~"day of iul~`~ , 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Paul Sevoian, who subscribed his name to the within instrument and acknowledged to me that it is thus executed. IN WITNESS WHEREOF, I have hereunto set my hand and day and year first above written. ~~ ~ , ea`~a~ttnl1ppYYrsepoes ~l SEAL ,'mac' ;,~Rg ~ ~~ ,~~,.: .~ ~ •~ :. P ,, .,- ° ~` ~' ~~~ ~ ` ~' ~ ° ~~ '' = No y P lic for ~; ~ ~~, ~~, ~ ~, = Resi gat: a ~ ~~ ° ~ ,y vo ° My commission Expire ,,~ ',, ~ ~0~ ~ °~ +e~ i a ~ my official seal the Page 3 of 5 STATE OF CALIFORNIA, ) ss. County of ,s,~~, 8efI'~kto~n~ ) On this n1 ^ ~ day of V V ~ r~~ , 2007, before me, the undersigned, a Notary Public in and for the State of California, personally appeared Carmen R Billings, known or identified to me to be the Manager of the FAIRVIEW TERRACE, LLC, who executed this instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company 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 Rosiu~ sn~rr common ~ tb4li~11a . castamo. ~ son ~ county ruh-corrn,-. Exptrea Feb 14. sot STATE OF IDAHO, ) . ss. County of Ada, ) Notary Public for California Residing at: ~~i.~v--~ My commission xpires: 1 f I ~' On this 2 ~ ~ {day of ~ ~ U/ ~ , 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 WITNE55 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL _.•••. Sh~,~~, ~ ~ •, . , Notary Public for Idaho Residing at: ~~ ~Gt ~~ My commission Expires: ~D -/S = l Page 4 of 5 Figure 1 Page 5 of 5 u • City of Meridian Public Works Dept. Memo GENE MAR 0 ~ Lu~~ City of iVlericlia~i City Clerk ®ffice To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date? 3!812007 Re: Proposed Agenda Items for 3/13/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/13/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Memorandum of Understanding for Sevoy Antiques by Paul Sevoian. Fairview Terrace and City of Meridian. Recommended Council Action: Approve the Memorandum of Understanding for Sevoy Antiques by Paul Sevoian, Fairview Terrace and City of Meridian for project1 and authorize the Mayor to sign and City Clerk to attest. This is a three party agneement between Paul Sevoian, Fairview Terrace LLC and City of Meridian. The agreement establishes responsibilities for ownership and maintenance of sanitary sewer and water. Financial obligation for those services to be bourne by Paul Sevoian. Thank you for your consideration. • Page 1 • MEMORANDUM OF UNDERSTANDING BETWEEN PAUL SEVOIAN AND FAIRVIEW TERRACE, LLC AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 2007, by and between Paul Sevoian; Fairview Terrace, LLC, an Idaho Limited Liability Company; and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to private sewer mains owned by Fairview Terrace, LLC and to the City of Meridian water system by Paul Sevoian for the proposed Sevoy Antiques Retail Building located as shown in Figure 1. WHEREAS, Paul Sevoian is the sole owner, in law and/or in equity of certain tract of land in the City of Meridian, County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as 650 East Fairview Avenue, future site of Sevoy Antiques Retail Building, hereinafter referred to as the Development; and WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and WHEREAS, Fairview Terrace, LLC privately owns, operates, and maintains the Sewer/Water system contained in and on its parcel, hereinafter referred to as Property; and WHEREAS, the City has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-34 and 9-I-6; and WHEREAS, Paul Sevoian is desirous of obtaining connection to the Sewer/Water to serve the Development, and Fairview Terrace, LLC is willing to provide that connection to the Sewer service to the Developmem subject to the terms and conditions and consideration of this agreemem, and City is willing to provide the connection to Water service, it is specifically agreed that as a specific consideration of the City's willingness to enter imo this agreement that the City's Ordinance and Policy/Regulations which govern its Sewer/Water system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: Page 1 of 5 • Water Paul Sevoian will extend an 8" water main north from the CITY water system on Bazbaza Street near Fairview Avenue to existing private 6" water lines on Fairview Terrace Estates, LLC Properly. The Water connection will include two (2) 4" water meters and backflow prevention device(s) to serve the Property, and (2) 1" water meters (one for domestic, and one for landscape) to serve the Development. Paul Sevoian will be responsible for all associated costs in the construction of this new water main extension and its appurtenances. In exchange for increased water flow (thus better fire protection) to Property, Fairview Terrace, LLC will grant an easement from south Property line north along Bazbaza Street to accommodate the infrastructure of the new water main, water meters, and backflow device(s). Sewer Paul Sevoian will construct approximately 171 feet of 8" sewer main along Barbara Street from north of Fairview Avenue to the existing sanitary sewer manhole on Fairview Terrace, LLC's Property. Fairview Terrace Estates, LLC agrees to maintain this new sewer main, once constructed, in exchange for the water supply increase described above. Maintenance and Fees CITY will maintain and operate the water facilities and distribution system in its charge as described in Meridian City Code §9-1-6. Fairview Terrace, LLC will continue to maintain and operate the sewer and water systems on its Property and any of the water system downstream of water meters. CITY will collect hookup fee from Paul Sevoian and monthly fees for this service based upon water usage. CITY will not collect any fees from Fairview Terrace, LLC for the new connection, but will continue to collect monthly fees based upon water usage. Inspection CITY will inspect construction of all utilities to ensure that they meet CITY specifications. Paul Sevoian will pay for all overtime which may be requued for this service. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. SEVOY ANTIQUES By . Paul Sevoian, Owner Page 2 of 5 • FAIRVIEW R. Billings, By: CITY OF MERIDIAN, IDAHO Tammy de Weerd, Mayor Attest: William Berg, dr., City Clerk STATE OF IDAHO, ) ss. County of Ada, ) Qn this 7~"day of IV ~.~rc~~ , 2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Paul Sevoian, who subscribed his name to the within instrument and acknowledged to me that it is thus executed. IN WITNESS WHEREOF, I have hereunto set my hand and ed my official seal the day and year first above written. SEAL ~~`~ . , ,~. 'r . .= °_ No lic for ::. ~ . ~ Res' gat: ~ L..o ,- ~, .,• = ' ~ ~ ~ ~ • ~ - My commission Expires: ~/ S / O? ~ f ~ • ,4v 7 rr~.. o . ~^ ~. o.. ~•r ~~,. •,oe, Page 3 of 5 • • STATE OF CALIFORNIA, ) . ss. Coumy of SHv~ ~"1'~To~Kd ) On this ?^ d day of V ~~ rC ~ 2007, before me, the undersign, a Notary Public in and for the State of California, personally appeared Carmen R. Billings, known or identified to me to be the Manager of the FAIRVIEW TERRACE, LLC, who executed this instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WI~REOF, I have hereumo set my hand and affixed my official seal the day and year first above written. SEAL Conwrddon #- ta1~11t Nosy ~ubNc • caNomo tan t~+aaWw coin MI-Comt~. ExpMasFeb 14.201 STATE OF IDAHO, ) ss. County of Ada, ) Notary Public for California Residing at: ~~Q ~~`~ My commission xpires: 1 `/- / C'~ 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: Page 4 of 5 ~ ~ Figiure 1 Page 5 of 5 ~ ~ March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-O REQUEST Approve Task Order with DC Engineering Services , PC, for Wastewater Treatment Plant Sludge Blanket Monitor Installation for $4650.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Memo Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 03/08/2007 Re: Proposed Agenda Item for March 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 City Council agenda, under Consent Agenda, for Council's consideration: ~.~-~ Meridian Wastewater Treatment Plant - Sludcae Blanket Monitor Installation. DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary clarifiers. DC Engineering will determine the electrical requirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with DC Engineering, P.C. for $4,650 and authorize the Mayor to sign it Permanent and Temoorarv Easement Contract for Troy A and Dana J. Mannino. A permanent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal • Page 1 Crossings for the Bitter Creek Lift Station and Pi~lines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Wirt Edmonds. A pem~anent and temporary easement has been signed by Wirt Edmonds for the construilion of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Depardnent recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings far the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contrail for Warren Waite. A permanent and temporary easement has been signed by Warren Waite far the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Departrnent recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for the Frank A and Erma E Smartt Trust. A permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the ~rmanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Suggort Services. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Senrices for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and collection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation senses. Recommended Council Action: The Public Works Departrrrent recommends that Clty Council approves the contract for Miscellaneous Master Plan Support Servica3s with JUB Engineers, Inc. for $7,500 and authorize the Mayor to sign iti Thank you for your consideration. Please contail me if you have any questions nagarding any of these items. • page 2 • ~~ ENGINEER/NG March 2, 2007 Mr. Len Grady City ofMeridian]?ublic Works 660 E Water Tower Suite 200 Meridian, ID $3642 Subject: Meridian Waste Water Treatment Plant- Sludge Blanket Monitor. Mr. Grady, 440 E. Corporate Drive Suite 103 Meridian. Idaho 83642 Phone: 208.288.2181 Fax: 208288.2182 Thank you very much for the opporhmity to propose on the Sludge Blanket Monitor proj ect for the City of Meridian Waste Water Treatment Plant. The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project will include the installation of a sludge blanket monitor for the secondary clarifiers. Electrical Engineering • Determine electrical requirements for new equipment. • Coordinate the installation of new equipment. • Complete the PLC programming as required. • Complete the WonderWare and SQL Seaver programming. Electrical Installation by Custom Electric • Install new equipment. • Document as build conditions. Deliverables by DC Engineering • 90% review documents Construction documents incorporating review comments. As built documents at the competition ofprojec~. Electronic copies of all PLC and WonderWare programs used for the project. DC Engineering ~ ~ Schedule • DC Engineering has a capable staff that can start immediately. It is anticipated to take approximately 2 weeks to develop 90% review documents once authorization to proceed has been given. Fee Services for Task Order No. 2 shall be completed under the conditions contained in the Master Services Agreement between the City and DC Engineering dated January, 2007. The project will be performed on time and material basis not to exceed $4,650.00 (Four Thousand Six Hundred Fifty Dollars). This includes $3,150.00 {Three Thousand One Hundred Fifty Dollars) for the installation of electrical equipment by Custom Electric. DC Engineering will forwazd Custom Electric's invoices directly to the city fox payment. . Services will be billed per our standard rate of compensation as follows: • Principal Engineer, PE: $95 per hour • Project Manager: $85 per hour • Engineer. $80 per hour • Designer. $70 per hour • Drafting: $50 per hour • Clerical: $35 perhour • Reimbursable expenses will be billed at cost plus 10 percent. (For example: reproduction drawings, shipping expenses, etcetera.} Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask Sincerely, DC ENGIlVEERrIlV_G, P.C. ~[~~ Lane Huddleston Owner CITY OF MERIDIAN By: Name: Tammy De Weerd, Mayor Approved by City Council: by: ~Jo~ C ~,+w Printed Name ~/ t r~L ~~+~rw-r' Title 3lzl~ Z Date DC Engineering ~coxnoltATE sEAL] Attest William G.~Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 DC Engineering lJ LJ March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-P REQUEST Approve Permanent and Temporary Easement Contract for Troy A. and Dana J. Manning for Bitter Creek Lift Station and Pipelines: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Memo /Agreement w~'"~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Memo To: Will Berg; Tara Green Prom: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer fDate: 03/08/2007 IRe: Proposed Agenda Item for March 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation. DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary clarifiers. DC Engineering will determine the electrical requirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works iDepartment recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with i~ Engineering, P.C. for $4,650 and au#horize the Mayor to sign it. Permanent and Temoorarv Easement Contract for Troy A. and Dana J. Mannino. A ~~~ permanent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal ~ Page 1 Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Wirt Edmonds. A permanent and temporary easement has been signed by Wirt Edmonds for the cronstruction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Warren Waite. A permanent and temporary easement has been signed by Warren Waite for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign lt. Permanent and Temporary Easement Contract for the Frank A and Erma E Smartt Trust. A permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Support Services. JUB Engineers, fnc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater servioEs agreement approved by C'iiy Council on the 12"' of December, 20Q6 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and collection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation services. Recommended Counci! Action: The Public Works Department recommends that City Council approves the contrail for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500 and authorize the Mayor to sign it Thank you far your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 • • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PE)ACrYIANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: Msson Creek Lift Station and Pipelines Proiect Parcel # and Owner: Troy A. & Dana J Manning Date of Offer: January $.2007 THIS RIGHT-OF-WAY CONTRACT, made this day of 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Troy A. & Dana J. Manning_ herein called "GRANTOR". Vi7HEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exlu'bit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ft2) FACTOR ($) Permanent Easement 1,068 $2.30 50•/a $ 1/228.20 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,228.20 Z. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: ^ Cash Payment' in the amount of ^ Donation value of the easement $1 0 Sl 28.Z0 *Grantor wiil receive paymert for the permanenx easement within four weeks following the recording of the easement and agasition of the easement preparation contract noted in Item lE above. 3. Thos Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the locsition, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the properly to which this documaent applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year firms above written. CITY OF MERIDIAN sy: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: GRANTORS By: , %~ By. ~ Page 1 of 2 C:1Doamo~a and Se<t~LOanor.OFFtCE1My Daa~laample wanaa.doe • ADA COUNTY RECORDER J. ~ NAUARRO AMOUNT .00 BOISE IDAHO 03129107 01:49 PM DEPUTY Neaua Haney II I I I II II IIII II I I II I II II I I' I' I IIII III RECORDED-REQUEST OF 1~7~4~#335 Meridian Ciry This sheet has been added to document to accommodate recording information SANITARY SEWER EASE:MIT1T MASON CREEK LIFT STATION AND " PIPELINES PROJECT TROY A & DANA J 1~ZAIVNING • SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~~ ~ day of /~c~,24 ~ , 2007, by the undersigned Troy A. Manning and Dana J. Manning, propertv own s, who maintain a mailing address of 4753 S. Ten Mile Road, Meridian, Idaho 83642, hereafter referred to as "GRANTORS" for the benefrt of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as °CITYp. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewerright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefrts to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a san~ary sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limed to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the SANITARY SEWER EASEMENT, Page 1 of 3 • • purposes stated herein. 2. lT 1S EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Troy A. Manning and Dana J. Manning SANITARY SEWER EASEMENT, Page 2 of 3 • STATE OF IDAHO) )~ County of Ada ) ~~ On this ~U day of , 2007, before me, L~~/ ~ ~~~A', personally appeared ~!.¢,rG~ and D.e~~,?. ,~7 ,,~~a and proved to me on the basis of atisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument, and acknowledged that executed the same. e•`g~q .A..CA~~.... ~;® ~oTa~~ +~ ~~ i * ~~® v, pUB L1G ~.? ~- • ., p ~'' Beneficiary: CITY OF MERIDIAN BY: Tammy d rd, ATTEST: William Berg, Jr., ~ Da#e approved by Council: STATE OF IDAHO, } ss. County of Ada ) T PUBLIC FOR IDAHO My Commission Expires on ~l ,mod ~~~ ~- ~u~>~r4 . ~_. ~~,, Mayor ~.~ p °~~ _ ~~`~''-~ `ti'p ,r ` , ~ r i = 6_', ~~.~ _ Clty r ~: °~ ~ ~ `, On this ~ ~ ~ ~ day of r f c ~ C~- , 2007, before me, the undersigned, a Notary Public in and for said State, pensonally appeared Tammy de Weerd and ~Iliam G. Berg, Jc, 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 ~e~ :first above written. (SEAL) ® ~ NOTARY PUBLIC FOR IDAHO ® ~, ,% ® RESIDING AT: W~ ll~~ -~~ ' ~•~!~•% ®: MY COMMISSION EXPIRES: i0-/S-i~ ~~,'~, ~s®sd®s SANITARY SEWER EASEMENT, Page 3 of 3 ~_ ~ • Manni~ag 2'at~cel Watei-2iue Ease#netit Legal I7escrip#ion I3ecember ~8, 2f~45 Exhibit "A" A pareeI of land stituated in the.Saatheast l of the Southe~t % ofSection 27, Township 3 North, Range 1 Nest, Bosse Merldian,l~d~ Cottztty,.idaho, and more pa~ticur2arly descrii~+ed as follows: 2;repare~l by lYl ,[i1LL', Allb. Camxnenci$g at a buss . mo>:umenting the southeast comer of stitc2 ~eCxion 27, from which a brace cap rrcont~me~ttng tiie 1.caraer eo~on to:said Sc~tion 27 and Section 3~4. beats lvorth 89°1$'29"'West=(a)sp shown of~rtl:as:North 89°i8'Q9"i 2~6T4:~3 feex.- Thence alon~.tke son#herly line: of said Section 2'7; North $9° 2 8'29" West 71:32 feet;. t#~nee: ie~z+3ug mid southerl~t Iiac, Narth..(t°41'~ 2" t 25:(}():feet to. tt~ nortlte~ly ziglit-~a~.rvay of Amity 2~oad and-#~ PQIlV'i' (3F 23EG21~7INCr, ice Notts 45°40'23" East 6.27 feet. to the vs+esterly:rig#~t .gf way of Ted Awe Rciad;. theme ~ the westerly.righx:of~cvay of3'e~x 1Vxile 2ttiad, ScinthYp°,32'43" West<(aZ~ shawa:oFrecord a~ South 0°33'08" West) 46.27 feet xo _ssid ~erly right-of-qty of.+~rnity.3toad; tltenGe a2ottg said ttorti~rly righ~f~wa~ Nott2i. 89°18.'29" R~eat X26.25 feet #o the ;I~t~I2+iT E~:I1++Tl~f~*1G; ct3mPig.1068 :s~tar~:feet; more or 2css: ~~ ~~~- ~ ~ . ~~ ~ 2` Stevens. We2lingtt3n, 2~.I..s PAfaE 4t)P 1 N1R~1tIVG EASERtENL t.1lpC • • March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-Q REQUEST Approve Permanent and Temporary Easement Contract for Wirt Edmonds for Bitter Creek Lift Station and Pipelines: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo /Agreement Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date. 03/08/2007 Re: Proposed Agenda Item for March 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation. DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary Garifiers. DC Engineering will determine the electrical n3quirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with DC Engineering, P.C. for $4,650 and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Trov A. and Dana J. Mannina. A pem~anent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal • Page 1 • Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Wirt Edmonds A pem~anent and ~~ temporary easement has been signed by Wirt Edmonds for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temoorarv Easement Contract for Wan-en Waite A permanent and temporary easement has been signed by Warren Waite for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for the Frank A and Emig E Smartt Trust A permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Cnek Lift Station and Pipelines. Recommended Council Action: The Public Works Departrnent recommends that Ctty Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Support Services. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2046 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and wllection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation services. Recommended Councll Action: The Public Works Department recommends that City Council approves the contract for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500 and authorize the Mayor to stgn it, Thank you far your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Mason Creek Lift Station and Piaelines Proiect Parcel # and Owner: Wirt Edmonds Date of Offer: February.28.2007 THIS RIGHT-0F-WAY CONTRACT, made this day of 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CTTY" and Wirt Edmonds. herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ftz) FACTOR ($) Permanent Easement 1,565 $2.30 50% $ 1,799.75 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,799.75 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: D Cash Payment* in the amount of ^ Donation vahue of the easement 51.799.75 $1,799.75 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 E above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 5. The parties whose names appeaz below as Grantors, covenant and warrant that they aze the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. 1N WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By: Tammy de Weerd, Mayor ATTEST: William Berg, 7r., City Clerk GRANTOR$ -' By: j `~~ G••' By: Date: Date approved by Council; Page 1 of 1 S:\Publie WarksVCTmt D1CoIIxtionlSLiBSmtion\Cantraa Edrrovdv.dx • ADA COUNTY RECORDER ~ID BOISE IDAHO 03!29107 01:49 PM DEPUTY Neava Haney RECORDED-REQUEST OF Meridian City NAVARRO AMOUNT .00 ~I~ ~~~I~~~~'~~~~~~~I~~~~~~~~~~' ~I~ ~~~ 107~44~35 This sheet has been added to document to accor~unodate recording information SANITARY SEWER EASEMENT MASON CREED LIFT STATION AND PIPELINES PROJECT WiRT EDMONDS • S~1iTi4RY SEWER EASEMENT THIS INDENTURE, effective this /~~-~ day of ~~~ , 2007, by the .undersigned Edmonds Groves Land Holdings, Inc, an Idaho Corporadorr, gronerty owners, who maintain a mailing address of 6233 N. Discovery Way, Suite 100 Boise, Idaho 83713, hereafter referred to as "GRANTORS" for the benefrt of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY°. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewerright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to .be _constnrcted by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefits to be received bythe Grantor, -and-other good and valuable .consideration„ the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) The permanent easement hereby granted- is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilfies at any and alt times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be IimiCed to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the SANITARY SEWER EASEMENT, Page 1 of 3 • purposes stated herein. 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, byand between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking suchconstruction, repairs- and- replaeerrtent. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed-o# the aforementioned and described tract of land, and thaf he-has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and .year first .her-eir~above~v~mtten. Edmonds Groves Land 'ngs, I By: Edmonds sy: SANITARY SEWER EASEMENT, Page 2 of 3 • i STATE OF IDAHO) ss County of Ada ) On this day of ~~e- ~ , 2007, before me, ~v~, personally appeared ids and ,pro d to me on the basis of satisfactory evidence to be the person( )whose names are subscribed to the within instrument, and acknowlesiged that executed the same. e~~`~~CY R'IR "1~~i ~1pTA1Q ~ .* * ~... Z~ pUBL~G~~~ J, . Beneficiary: CITY OF MERIDIAN FOR IDAHO My Commission Expires on ® _ oL B T : ~~° ~ ,,,tr '~r Tammy de rd, Mayor ~. ~~ ATTEST: ~ f ~~~ William Berg, Jr., City Clerk ~ ~ ~~ Date approved by Council: I~~rc~ l~ ~c~t ? e'°~lere~a~o~e~69+~0'~ STATE OF IDAHO, } ss. County of Ada ) On this ~ ~ ~~ day of ~~ ~~ C ~~l , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ~Iliam G. erg, Jr., known to me to ~ 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 ofFcial seal the day an~~ar first above written. ®~s• Q~,N o~•o (SEAL) o ; NOTARY PUBLIC FOR IDAHO ® • RESIDING AT: )tip ~ ~~ ,~~ :~,~}~ ~ ,~yi~ MY COMMISSION EXPIRES: 1 d - iS~-11 SANITARY SEWER EASEIVlENT, Page 3 of 3 __ Edmond.Groves Land Holdings Parcel Waterline Easement Legal Descr~eion December 29, Zt1Ufi Exhibit "A" A parcel of ]and situated in the Southvsrest l of the Stiiitthwest'/o of Section 26; "township 3 TTorth, Range i West, Boise Meridian, Ada County, Iclalio, and more patticularly descs~'bed as follows: Comri3encing at a.brass cap monumentmg the southwest corner ofsaid Section~6; fcom which a brass cap monu~n~tting the ~ corner conunon to said.5eccion 26 aril Section.27 beaus Nord: 4°32`43" East (also shown of record as North ~°06'22" lrast~ 2658.35 fees: Thence along the westerly line of Bald Section 26,.North 0°32'43" East $22:16 feet; thence ieatring said westerly line; South 89°ZT15" Bast 34:00 feet to ~: rly.right ofa+a~- of Ten Awe Road; thence along mid easterlyright-o~vvay North Q°32'45" East X6.34 feet to the PX}T,i~' OF $EGG; .thence continuing along said right-of-rxiay i~torth 0°32'45" Rest 5f3:46 feet hence South 44°37'37" l;ast~494~ few ~then~ Sough 0°2 !24" West 363 thence Sourxh 45°22`24" West.2.63~ feet; theatre North 53°00't?6" West ~al~ sflo~va of record as Norte 55°26'29" West 40.3$. feet to the Pf?INT' OF BEGI~VI~iNG, coanprisn i'SYsS g square feet, Yn~nre or less_ Prepared by CH2M HtLI;, Inc. ~~157'~~ '~ ~~ ~~ ,,ggam~ 01r ~~~ yoV ..~`t,. .. d+a "M ~..:.~a .S`tG'ir~n C. Wetltngton, P.L.S PARE 1 ~ t EtHa~S t3ROVE Eldf 1.DOC • • March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-R REQUEST Approve Permanent and Temporary Easement Contract for Warren Waite for Bitter Creek Lift Station and Pipelines: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo /Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clty of Merldlan. • Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 03/08/2007 Re: Proposed Agenda Item for March 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 Ciiy Council agenda, under Consent Agenda, for Council's consideration: Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation. DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services far Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary clarifiers. DC Engineering will determine the electrical requirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with DC Engineering, P.C. for $4,650 and au#horize the Mayor to sign it. Permanent and Temporary Easement Contract for Troy A. and Dana J. Manninca. A permanent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal ~ Page 1 • • Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Wirt Edmonds. A permanent and temporary easement has been signed by Wirt Edmonds for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Departrnent recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Warren Waite. A permanent and ~__-_- temporary easement has been signed by Warren Waite for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for the Frank A and Erma E Smartt Trust. A permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that Clty Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Support Sences. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellan~us Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and collection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation services. Recommended Council Action: The Public Works Deparanent recommends that City Council approves the contract for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500 and authorize the Mayor to sign it, Thank you far your consideration. Please contact me if you have any questions regarding any of these items. • page 2 • • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Mason Creek Lift Station and Pipelines Project Parcel # and Owner: Warren Waite Date of Offer: February 28.2007 THIS RIGHT-OF-WAY CONTRACT, made this day of 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Warren Waite. herein called "GRANTOR". WHEREAS, subject to the temis outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as aze set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Ftz) FACTOR ($) Permanent Easement 938 $2.30 50% $ 1,078.70 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1,078.70 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: '°1~ Cash Payment* in the amount of $1,078.70 ^ Donation value of the easement 1 078.70 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item lE above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CTI'Y OF MERIDIAN GRANTO By. ~ By: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk By: Date: Date approved by Council: Page 1 of 1 S:1Pub6e WorlcslC6at D\CoUeaion\SLi$Stetion\Contract Waue.doe • ADA COUNTY RECORDER J~ID BOISE IDAHO 031107 01:49 PM DEPUTY Neava Haney RECORDED-REQUEST OF Meridian Ciry NAVARRO AMOUNT .00 10~E~~#~337' This sheet has been added to document to accommodate recording information SANITARY SEWER EASEMENT MASON CREEK LIFT STATION AND PIPELINES PROJECT WA.-RREN WAITS • • SANITARY SEWER EASEMENT THIS INDENTURE, effective this ,.~ /~ day of ~.~w~.~r , 2007, by the undersigned Waite Family Farm LLC, property owners, who maintain a mailing address of 2054 W. Santa Clara Drive, Meridian, Idaho 83642, hereafter referred to as °GRANTORS" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as uCITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described properly: (SEE ATTACHED EXHIBIT A) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be plac~l any permanent structures within the area described for this easement that would interfere with the use of said easement, for the SANITARY SEWER EASEMENT, Page 1 of 3 • purposes stated herein. 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Waite Family Farms LLC By: Warren A. Waite By: ~ Warren A. Waite SANITARY SEWER EASEMENT, Page 2 of 3 • STATE OF IDAHO) )~ County of Ada ) On this 3 7 ~~day of cJ , 2007, before me, Larry A. Cadweil, personally appeared Warren A. Waite, pro ed to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. ~OTq~~ '~~ = NOTARY P LIC FOR IDAHO ~` ~•~ * '. pU8 L1~G ' v~ o.= My Commission Expires on / / .~~ oc P o .• Beneficiary: CITY OF MERIDIAN ~r~~tttti~ir,;. Tammy d rd, Mayor _ ATTEST: e~--.•/~' _ ~~ William Berg, Jr., City CI = ~ ~ v Date approved by Council: ~ d~, ~®~ v/'s,,',~~d~+tiB1 010ee44®~`°°~4~®~ STATE OF IDAHO, ) ss. County of Ada ) On this ~-~~'~day of Y~1 ~-'~- Ck~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ~Iliam 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 dad*~p~~yrea~ first above written. ~~ s e t~°t~ '' (- ' (SEAL) ~ ; NOTARY PUBLIC FOR IDAHO ° • RESIDING AT: l~/L~ l ~~~ ~~ :~.,,~,~~,;~o: MY COMMISSION EXPIRES: i~-~s'=~~ SANITARY SEWER EAS~IAENT, Page 3 of 3 '~ i ~ t~aite Farm`ly Farm Farrel Waterline Easement Legal Description DeCeInber 29, 2f106 EIC~Il~ uA» A parcel of laud situatcd.itt fibs Southvv~t Ya of the Southwest Yo of Section- 26; Township 3 North; Rangs T West, Boise Meridiem; Ads County,. Idaho, and more.pattic~ilarly des'cnbed as follows: Commencing at a brass cag mo~timsntiag -the southwest corner of said Section 26, from which ~ brass cap monuntenting the ~ cornercoin~aa to said.Ssction 26 um1 Section 27bears Ido>~li ti°32'45" Fast :(also sllov~ of record ass Ncirtti 0°46'22" F.est) Z~-58:35 feet. Thence along the westerly- line.af said' Sectian 26, North 0°3Z'45° East 822.16 feet; thence leaving said welly line,: South 89°2T15" East 34 UO:feet to the. easterly aright of-way.of Ten lVlile Road and the POINT OFBE~~NNiNG; thence along said.easterly right~f-way I~Iorth ~i'32'~15" Fast.36:34..fee~ thence SQUth 55°QO*Ot" E~ (a]so.sl~vaa of-record as-South35°Z6'Z'~1"~ ~F{t38 feety thence South 45°Z2'24" West4?.:Z4 feet to the POINT OF.BEG~INNlIV+G, comprising 438 square feet, store or.less. Prepared by ~~~: vub t Sleveit-C. uVellington, Fci.:S PAQE 1. ELF t WA[tE EAi~LY FARMFASE~Nt' t.[i0C • CJ March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-$ REQUEST Approve Permanent and Temporary Easement Contract for Frank A. and Erma E. Smartt Trust for Bitter Creek Lift Station and Pipelines: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo /Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CMy of Meridian. f~ Memo • To: Will Berg; Tara Green Fran: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 03/08/2007 Re: Proposed Agenda Item for March 13, 2007 Ciiy Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services far Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary clarifiers. DC Engineering will determine the electrical requirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with DC Engineering, P.C. for $4,650 and authorize the Mayor to sign it, Permanent and Temrsorarv Easement Contract for Trov A. and Dana J. Mannino A permanent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal ~ Page 1 • Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it, Permanent and Temporary Easement Contract for Wirt Edmonds A permanent and temporary easement has been signed by Wirt Edmonds for the construction of the pressure sewer on his property for the Canal Crossings far the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Warren Waite A permanent and temporary easement has been signed by Warren Waite for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for the Frank A and Erma E Smartt Trust A ., permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Support Services. JUB Engineers, tnc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and collection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation services. Recommended Council Action: The Public Works Departrnent recommends that Clty Council approves the contract for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500 and authorize the Mayor to sign iL Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 2 • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Mason Creek Lift Station and Piaelines Proiect Parcel # and Owner: Frank H. and Erma E. Smartt Trust Date of Offer: February 28, 2007 THIS RIGHT-OF-WAY CONTRACT, made this day of 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Frank H. and Erma. E Smartt Trust. herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien balder, if any, such sums of money and/or benefits as aze set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($1Ft~) FACTOR ($) Permanent Easement 3,548 $2.30 50% $4,080.20 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $4 080 0 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the penmanent easement: D Cash Payment* in the amount of D Donation value of the easement $4.080.20 080.20 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 E above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall refieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and yeaz first above written. f CITY OF MERIDLAN By: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: GRANTORS By' Y'6 . Q /~s.,~ Date: /~~D ~' Page 1 of 1 S:Uh,btic Works\Civrc B\CoReaionlSLiftStation~Conract smmndoe • ADA COUNTY RECORDER J.~p NAVARRO AMOUNT .00 BOISE IDAHO 03/29/07 01:49 PM RECDRDED~ REQUEST OF III IIIIIIIIIIillllllllllllllllllll 111 Meridian City 1 ~~~~,,~~~$ This sheet has been added to document to accommodate recording information SANTTARY SEWER EASEMENT MASUN CREEK LIFT STATION AND PIPELINES PROJECT FRAME H & ERMA E SMARTY TRUST • . S~4NITARY-SEtAi'ER EASEMENT THIS INDENTURE, effective this /~2 ~~ day of ~~,~ _, 2007, by the undersigned Smartt, Flank H. &~ Erma E.Trust, property owners, who maintain a mailing address of 12 N. Seabiscuit Avenue, Nampa, Idaho 83607-7530, hereafter referred to as "GRANTORS" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITYA. WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and properly hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A) 1. SANITARY SEWER EASEMENT, Page 1 of 3 The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, ~s successors and assigns forever. aT~IS-EXPRESSLY UNDERSTOODAND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they wiltnot place or allow to be plac~f any permanent structures within the area described for this easement that would interfere with the use of said easement, for the • • purposes stated herein. ~. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between #he-parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking- such construction, repairs and replacement: However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described -in this .easemerr~ THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of-the aforementioned and. describes fract of:Iar~d, and -that ~he has a good and lawful right to convey said easement, and that he will warrant and forever defend the tide and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove wren: Smartt, Frank H. & Erma E. Trust By: Frank H. Smartt & Erma E. Smartt, Trustees By. ~%~i4 ~ ~~`In ~~.lA ~L1GG/ ~a J Frank H. Smartt By: ~,~ ~. ~-,-n- Erma E. Smartt SANITARY SEWER EASEMENT, Pag®2 of 3 • STATE OF IDAHO) ss County of Ada ) :°~~~ ~~i ~° O~~TA~F ~~,! * ~.~ pUBLiG . ~~J~~ ~ O e '~.~ DP t~P~,o. Beneficiary: CITY OF MERIDIAN Bl°. On this 12th day of February, 2007, before me, L- arry_ A. Cadwell, a Notary Public personally appeared Erma E. Smartt, and Erma E. Smartt, P.A. for Frank H. Smartt proved to me on the basis of satisfactory evidence to be the person whose names are subscribed to the within instrument, and acknowledged that she executed the same. __........._ Tammy de )P~l~erd, Mayor ATTEST:~/~„~2_' William Berg, Jr., City NOT Y PUBLIC FOR IDAHO My Commission Expires on 11-30-2007. ~,,,,,:,: n r!rir,,; ~,¢ ~ \` hq ~l "9 tkF N~ ~s~ YAC ~~~~ ~. Ly '='" °4s r„ ~ _ _ ~.e~Kxl.s~ - e ~ ~ ~~ ~ .,• ~q~t~~`4 ~s/,O,f~~p1~19191Iti810~~ ,e1` Date approved by Council: ~.r~•13,'L~o~ STATE OF IDAHO, ) ss. Cour-ty of Ada ) ~fi On this 21 day of ~~ a ~- ~ ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and ~Iliam 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. offiaal se IN WITNESS WHEREOF, I have hereunto set my hand and affixed my first above written. ~t ~~ ~~ ~ti1~-e.~ (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: /Y~'~-~. Lbac1 :.9~ MY COMMISSION EXPIRES: 1 C9-C~= ( t SANITARY SEWER EASEMENT, Page 3 of 3 • Smartt Parcel Waterline Easement Legal I7escriptiora I,~ecember 29, 2oU6 Exhibit "A" A parcel of land.situafed in the Southwest'le of the Southwest ~ ofSection 23, Township 3 North, Range I Wit, Boise ArIeridian, Ada bounty, Idaho, and more particularly described as follows: Commencing at a brass cap momttnenting the southwest corner of said Section 23, from which a brass cap monumenting the l corner common to said Section 23 and Section 22 bears North 0°22'26" East 255634 feet~ Thence along the westerly line of said Section 23, North. U°22'26" East 199.? 1 feet; thence leaving said westerly tine, South 89°37'34" East 25.t~1 feet to the easterlyright-of-way of't'en Rile Road and the P(?INT flF BEt1lTTNING; thence along said easterly right-of-gray North 0°22'2G" East I27~ 13 feet; thence South 44°44'38" East 58:3(1 feet; thence South U°15'22'" West'.44.43 feet; thence South 45°IS'Z2" West 5$.5'7 feet to the P©IAIT OF BEGINNING, comprising 3548 square feet, more or less. Prepared by CH2M i-III,L, Inc. ~'? ~ Steven C. Wellington, )'.L.S PAGE t OF 1 Sb9AR7T EASEN~NT 1.DOC • March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. S-T REQUEST Approve Task Order for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500.00: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo /Agreement Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the Cify of Meridian. • Memo ~~E~~ MAC 0 8 20CG7 City of IVleridian To: Will Berg; Tara Green City Clerk Office From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 03/08/2007 Re: Proposed Agenda Item for March 13, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 13 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Wastewater Treatment Plant - Sludae Blanket Monitor Installation DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $4,650. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the installation of a sludge blanket monitor for the secondary clarifiers. DC Engineering will determine the electrical requirements for the monitors, coordinate the installation of the equipment and complete the PLC programming as required. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Wastewater Treatment Plant -Sludge Blanket Monitor Installation with DC Engineering, P.C. for $4,650 and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Trov A and Dana J Mannina A permanent and temporary easement has been signed by Troy A. and Dana J. Manning for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal • Page 1 • Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Wirt Edmonds. A permanent and temporary easement has been signed by Wirt Edmonds for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Warren Waite. A permanent and temporary easement has been signed by Warren Waite for the construction of the pressure sewer on his property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for the Frank A and Erma E Smartt Trust. A permanent and temporary easement has been signed by the Frank A and Erma E Smartt Trust for the construction of the pressure sewer on their property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the Canal Crossings for the Bitter Creek Lift Station and Pipelines Project and authorize the Mayor to sign it. Miscellaneous Master Plan Support Services. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,500. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides ongoing consultation as requested by the City on items pertaining to the sewer master plan and collection system. This may include limited sewer modeling, master plan implementation assistance, and other related consultation services. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Miscellaneous Master Plan Support Services with JUB Engineers, Inc. for $7,500 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 • CITY OF MERIDIAN_ TASK ORDER NO. ''3~. `FOR ENGINEERING SERVICES FOR WATER, WASTEWATER, AND MISCELLANEOUS PUBLIC WORKS PROJECTS MISCELLANEOUS MASTER PLAN SUPPORT SERVICES City Project No. Engineer Project No. 10-07-012 THIS TASK ORDER, entered into this day of .2007, between City of Meridian, Idaho, hereinafter refereed to as the °CITY°, J-U-B Enoineers. Inc. ,hereinafter refen~d to as the ENGINEER, is subject to the provisions of the Agreement for Engineering Service for Water, Wastewater, and Miscellaneous Public Works Projects, approved December 12, 2008, hereinafter referred to as the MASTER AGREEMENT for PROFESSIONAL SERVICES. WITNESSETH: WHEREAS, the CITY intends to r~auest miscellaneous consultation on the sewer master plan, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CITY and J-U-B ENGINEERS Inc in consideration of their mutual covenants herein agree in respect as set forth below. CITY INFORi1AATlON AND RESPONSIBILITIES: The CITY will provide to ENGINEER the data and/or services specfied in the AGREEMENT. In addition, the CITY will furnish to ENGINEER oer6nent items that may be required b the Engineer SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER: ENGINEER will provide on-going consultation as requested by the City on items pertaining to the sewer master plan and collection system This may include flmited sewer modeling master plan implementation assistance and other related cgnsufta~ion services. SCHEDULE OF WORK TO BE PERFORMED: ENGINEER will perfom~ said services in a timely manner. BASIS OF FEE AND BILLING SCHEDULE: The CITY will pay ENGINEER for its services and re'anbursable expenses as follows: On a time and material basis with an estimated budget of $7500.00 File Folder Title: City of Meridian -Master Plan Consultatign Remarks: 1N WITNESS WHEREOF, the parties hereto have executed this TASK ORDER as of the day and year first above written. CITY: City of Meridian, Idaho ENGINEER: J-U-B Engineers, Inc. 33 E. Idaho St. 250 S Beachwood Ave, Ste, 201 Meridian, ID 83642 Boise, ID 83709 By: By; NamelT~le: Tammy de Weerd. Mayor Name/Title: Phillip H Krichbaum P E Project Manager PUBLIC WORKS APPROVAL: ATTEST: By: By: Name/Thle: Len Grady. P.E.. City Engineer Name/Tkle: William G. Bero. Jr.. City Clerk PURCHASING APPROVAL: By: Name/Tdle: Keith Watts. Purchasing Agent March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Parks Department ITEM NO. 5-V REQUEST Award Bid /Approve Contract with Senske Lawn and Tree Care Company for a three year contract with amounts for 2007 of $34,646, for 2008 of $35,340, and for 2009 of $36,400 for a total of $106,396.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See Attached Memo 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. .r Meridian Parks & recreation Memo To: CC: From: Date: Re: Mayor and City Council Will Berg Doug Strong March 9, 2007 Landscape Maintenance Services RECEIVE7) LIAR ®~ 2007 City rOf lileridian City Clerk Office The Parks and Recreation Department respectfully requests the following item to be placed on the March 13, 2007 City Council agenda, under the Consent Agenda, for Council's consideration: Four bids were received for the Landscape Maintenance Services consisting of but not limited to: mowing turf, trimming, weed eating, fertilization, irrigation, and shrub bed maintenance. The bid was awarded to Senske Lawn and Tree Care Co. for a three year contract with amounts for 2007 of $34,646, for 2008 $35,340 and for 2009 $36,400 for a total of $106,396.00. The Parks and Recreation Department recommends that City Council award the contract to Senske Lawn and Tree Care Co. for $106,396.00 and authorize the Mayor to sign. Supporting documentation attached. Thank you for your consideration. Please contact me if you have any questions regarding the bids. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 1sT day of March, 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Senske Lawn and Tree Care. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 763 N. Ralston St, Meridian. ID 83642 and whose Idaho Contractor License # is 14205. INTRODUCTION Whereas, the City has a need for services involving Landscape Maintenance Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a LANDSCAPE MAINTENANACE SERVICES - page 1 of 18 royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, LANDSCAPE MAINTENANACE SERVICES - page 2 of 18 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) October 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement may be extended for 2 additional one (1) year periods if agreeable to both parties. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 Termination for non-appropriation of funds. The City is a government entity and the Agreement shall in no way or manner be construed so as to bind or obligate the City of Meridian beyond the term of any particular appropriation of funds by the City Council as may exist from time to time. The City reserves the right to terminate this Agreement in whole or in part (or any order placed under it) if, in it's sole judgment, the City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for the City to continue such payments. All affected future rights and liabilities of the parties hereto shall thereupon cease within ten (10) calendar days after notice to the Contractor. LANDSCAPE MAINTENANACE SERVICES - page 3 of 18 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. LANDSCAPE MAINTENANACE SERVICES - page 4 of 18 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins LANDSCAPE MAINTENANACE SERVICES - page 5 of 18 • performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.1.5 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: LANDSCAPE MAINTENANACE SERVICES - page 6 of 18 M • City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Senske Lawn and Tree Care. Inc. Attn: Tom Gritzmacher 763 N. Ralstin St. Meridian, ID 83642 Idaho Contractor License #:14205 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shalt not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be famished to the CITY such statements, records, reports, data and LANDSCAPE MAINTENANACE SERVICES - page 7 of 18 ~ ~ information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, .any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or LAN®SCAPE MAINTENANACE SERVICES - page 8 of 18 breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CIT BY: Dat Approved by Council: .~ s 1 - Z®® 9 ~~,,,ti ~ i ~-,,, i o ~, i,r,a~~ o~°` ~~,, °B~B Attest: ~ ~ - ,~ WILLIAM G. BERG, JR., CI ~ ~ t~-~ , `~~;~ `,~ S~. ®',,/~fg~Dl~fi111~~'~~~~ LANDSCAPE MAINTENANACE SERVICES - page 9 of 18 Approved as to Content Department Approval BY: KEIT ATT ,PURCHASING AGENT Dated: J,~12 Jb ~'7 Approved as to Form CITY ATTORNEY BY: NAME: TITLE: Dated: LANDSCAPE MAINTENANACE SERVICES - page 10 of 18 Attachment A SCOPE OF WORK The CONTRACTOR is to perform landscape maintenance services as set forth hereafter, on the grounds and at the frequency set forth in the Specifications. ^ Irrigation an all sites ^ Mowing, and weed eating ^ Turf fertilization, weed control, billbug control, crabgrass control ^ Planter bed maintenance, trimming shrubs, weed control, fertilization, weekly litter and debris clean up, edging ^ Tree well maintenance, weed control, clean up, edging SPECIFICATIONS AND SITE LOCATIONS Description of Work and Site Locations The work contemplated under this Agreement consists of providing landscape maintenance services on City owned property and other areas owned by A.C.H.D. but maintained by the City. The sites are listed below with an informational narrative for each one. Acreages based on the size of serviceable landscape area at each site. Contractor shall determine the acreage of each serviceable site for themselves. Fire Station # 4 2515 South Eagle Road .5 acres NOTE Fire Station # 4 is still under construction. The landscaping will not be finished until about mid April. The bidder will have to set the price for maintenance based on the landscape plan that is provided in the bid package. The price can be added to the monthly billing when the site comes on line. South Medians Main Street by Meridian Speedway .125 acres NOTE : For safety reasons it is required to park and unload equipment from the speedway parking lot on the east side of main street. Equipment must be driven across 2 lanes of traffic to access the medians. Orange safety vests must be worn by employees while working at this site. LANDSCAPE MAINTENANACE SERVICES - page 11 of 18 Fire Station # 1 Corner of Franklin and Stratford .125 acres NOTE : Workers must park in the large parking lot in the back of the fire station. This will avoid obstructing emergency vehicles. A.C.H.D. # 1 Drainage area S/V11 Corner of Franklin and Locust Grove NOTE : The city is maintaining this property. It does not require the same level of maintenance as other sites. It has some creeping red fescue but is mostly broad leaf weeds and annual grasses. It only needs mowing and weed eating every other week. We recommend broad leaf weed control on the site and then just let the annual grasses fill in the area. Little or no fertilization is needed. The fence lines must be sprayed to keep them clean and free of weeds. A.C.H.D. # 2 Drainage area S/VV comer of South Meridian Road and Overland. Note : The City is maintaining this property. It does require a higher level of maintenance than A.C.H.D. # 1. It will need mowing every week. Centennial Park Corner of East 3~d Street and Idaho.5 acres NOTE : This park gets a lot of traffic from the Boys and Girls club in the summer months. This park should be mowed between 8:00 a.m. and 9:00 a.m. T avoid conflict with children. Centennial requires 4 flats of 4' annuals twice a year. Generation Plaza Corner of Main Street and Idaho .25 acres Note : There is a water fountain in the plaza but it is not part of the maintenance contract. The plaza requires 6 flats of 4' annuals twice a year. City Hall 33 East Idaho Ave. .25 acres NOTE : On Wednesday mowing is allowed after 12:00 noon only. City Hall requires about 15 flats of 4" annuals and twice during the season. H/R Building 703 North Main Id Farmers and Merchants Bank acres n/a Note : There is only a little planter bed in front of the building. The area should only be visited every other week. Pine Street School Corner of West Pine and North Meridian Road .125 acres Note : Service any time North Curve North Main and Fairview Ave. .125 acres Note : It is imperative that the curb and gutter be cleaned each week. There is always debris on the turf and it must be picked up before mowing.. North curve requires 7 flats of 4' annuals twice annually. LANDSCAPE MAINTENANACE SERVICES - page 12 of 18 Fothergill Path North Meridian Rd. and E Woodbury 1.084 acres Note : There is about a 3 to 1 slope along the drainage ditch on this site. We recommend only 36" to 48" walk behind mowers on this slope. You can slide into the ditch with anything larger. It is much better to mow the slope in the afternoon when the grass is dry. There will be a construction project sometime in the spring to replace the asphalt path way. Fire Station # 3 3545 North Locust Grove .25 acres Note : Park trucks and equipment on the side parking lot. Fire Safe House 1901 East Leighfeld .35 acres NOTE Can service it anytime. Fire Station # 2 2401 North Ten Mile Road .125 acres Note : Park trucks and equipment on the side parking lot. Police Station 1401 East Watertower 2 acres Note : This area can be accessed after 8:00 am in the mornings. This area is on the maxicom imgation system. The contractor can call the parks department and they will communicate the amount of time needed per station. Well # 26 6067 North Locust Grove .15 acres Note : This area can be mowed at anytime. It is the intent of the specifications that the CONTRACTOR furnishes all necessary labor, equipment and materials and shall perform all operations and frequency thereof as shown on the following schedule. Fre uenc M onthl Site Location Week # 1 Week # 2 Week # 3 Week # 4 Well # 26 1 1 1 1 Police station 1 1 1 1 Fire Sta. # 4 1 1 1 1 South Medians 1 1 1 1 Fire Sta. # 1 1 1 1 1 A.C.H.D. drain # 1 1 1 Centennial Park 1 1 1 1 LANDSCAPE MAINTENANACE SERVICES - page 13 of 18 r Generation Plaza 1 1 1 1 Ci Hall 1 1 1 1 H.R. Buildin 1 1 A.C.H.D. drain # 2 1 1 1 1 Pine Street School 1 1 1 1 North Curve 1 1 1 1 Fother ill Path 1 1 1 1 Fire Sta. # 3 Fire Safe House Fire Sta. # 2 1 1 1 1 1 1 1 1 1 1 1 1 Schedule of Completion All Landscape Maintenance services to must be executed between the hours of 8:00 a.m. and 5:00 pm on regular business days Monday through Friday and must take in consideration the scheduled meetings and public hearings. No work shall be performed on legal holidays. Unless otherwise directed, landscape maintenance services on City property must be completed by 5:00 pm and all landscape maintenance staff must vacate the City property by that time. Rain Outs If the Contractor is rained out they may request to the Parks Department that they wish to work on Saturday to catch up for the week. Conditions of Work The CONTRACTOR has informed himself/herself of the conditions relating to the work and it is assumed that he/she has inspected the site at which the work is to be done and has made himself/herself familiar with the required maintenance functions and frequency at the sites as shown in the previously listed frequency Schedule of landscape maintenance. Special Provisions The contractor and employees must have and maintain an Idaho professional applicators license through the Department of Agriculture. Names of the applicators and their license number and expiration dates must be submitted on the bid form. Only licensed professional applicators can apply herbicides or insecticides under this LANDSCAPE MAINTENANACE SERVICES - page 14 of 18 ~ ~ contract. Notification of chemical applications Contractor shall notify the Parks department 48 hours advance notice of any chemical or fertilizer application. Notification numbers Mike Barton 440-8742 Elroy Huff 371-1755 Irrigation System The Contractor is responsible for the daily Maintenance of the Irrigation System. All irrigation systems shall run in the evening hours from 11:00 p.m. to 7:00 .am. Meridian Parks Department will tum on the irrigation systems in the spring and ensure that each site is fully operational before they are tumed over to the contractor. The Parks Department will communicate with the contractor to determine when water will need to be turned on. Meridian Parks Department will do all irrigations system winterization in the fall. Blowouts will usually be completed in the 3~d week of October. Irrigation Repairs The Contractor must notify the Parks Department Representative before any repair work can be done. The contractor should be ready explain the reason and the cost for the repairs. The contractor may be approved to do the repairs at that time. The Parks Department reserves the right to do repair work to its own irrigation systems. Repairs by the Parks Department will be completed within 24 hours or as soon as possible. Sprinklers shall be replaced with the same product. Inspection of repairs will be done by the Parks Department Representative. The contractor will be notified if repairs are not satisfactory. The Parks Department may inspect repairs by the contractor at any during the repair process. If it can be determined that the irrigation system was damaged by the contractor during any maintenance function, the contractor will affect repairs with no cost to the City of Meridian. LANDSCAPE MAINTENANACE SERVICES - page 15 of 18 • r Turf Grass Maintenance The Contractor is responsible for Turf Grass management. Turf areas shall be mowed weekly. The Parks Department currently uses mulching blades on all of our mowers. The contractor mayor may not do the same. Mowing heights shall be 2 to 3 inches. If grass clipping get to heavy they shall be picked up or swept up. All debris shall be picked up before mowing begins. After mowing is completed back pack blowers shall be used to blow grass clippings off of the sidewalks on to grass. The sidewalks should be clean before employees leave the site. Turf shall be Fertilized 4 times per season. Liquid fertilizers or granular may be used. [Iron] products in granular fertilizers are prohibited. Granular fertilizers shall be blown off of sidewalks after application. Broad leaf Weed Control shall be applied 2 times per season. Weed control products containing [Dicamba] are prohibited. Pre-emergent herbicides shall be applied for crabgrass and control of other annual grasses. Except for [A.C.H.D. drainage bed.] Insecticides for billbug and other grub control shall be applied. Except for [A.C.H.D. drainage area] and the [H.R. building]. Turf insect control shall be applied in granular form at recommended label rates. Shrub Bed Maintenance Shrub beds shall be kept clean and free of leaves, debris, and litter on a weekly basis. Shrubs shall be pruned naturally. Evergreen shrubs at City Hall are the only-shrub that power shearing equipment may be used. At least 2 trimmings per season. Pre and post emergent herbicides may be used for weed control in shrub beds. Mechanical weed control may be used as an alternative to chemicals. Shrubs shall be sprayed for aphids, insects and spider mite control 1 time per season. Applications shall be completed before 6:30 a.m. The use of [ Casaron 4g] herbicide in shrub beds is prohibited unless approved by the LANDSCAPE MAINTENANACE SERVICES - page 16 of 18 ~ ~ Parks Department. New mulch may be applied to shrub beds if approved by the Parks Department. Tree Maintenance No trees will be maintained under this contract. Tree wells shall be maintained to the same standard as shrub bed maintenance. Care shall be taken to see that trees are not damaged by weed eaters or mower decks. Trees that die from mechanical damage will replaced by the contractor. Care should be taken to see that mower wheels and mower decks do not encroach inside the perimeter of the tree well. Valuable organic mulch can be lifted and blown out of the tree well. Tree wells shall be edged during the season as needed. Pre emergent herbicides may be used in tree wells for weed control. Mechanical controls may also be used. The use of Broad leaf herbicides, or [Casaron 4g ] in tree wells is prohibited. Spot weed control applications with [Round Up herbicide] is permitted for use in tree wells. The applicator should take special care to make sure that Round Up is not sprayed onto exposed roots or onto the trunk of the tree. LANDSCAPE MAINTENANACE SERVICES - page 17 of 18 ~ r Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ TASK DESCRIPTION DATE AMOUNT A• TOTAL YEAR ONE (1) for 36 weeks $34,646.00 B• TOTAL YEAR TWO (2) for 36 weeks $35,340.0 C• TOTAL YEAR THREE (3) for 36 weeks $36,400.00 TOTAL FOR THREE YEARS + 10% CONTINGENCY $117,024.00 FOURTH AND FIFTH YEAR OPTIONS D• TOTAL FOURTH YEAR OPTION for 36 weeks $37,500.00 E• TOTAL FIFTH YEAR OPTION for 36 weeks $38,620.00 H. LANDSCAPE MAINTENANACE SERVICES - page 18 of 18 March 9, 2007 FP 07-004 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Paramount Development Inc ITEM NO. 8 REQUEST Final Plat approval for l Osingle-family residential building lots and 11 common lots on 5.22 acres in an R-8 zone for Paramount Subdivision No 15 -West of Meridian Rd and North of McMillan Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. Phone: BEFORE THE MERIDIAN CITY COUNCIL C/C March 13, 2007 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 10 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 11 COMMON LOTS ON 5.22 ACRES IN AN R-8 ZONE LOCATED WEST OF MERIDIAN ROAD AND NORTH OF MCMILLAN ROAD IN THE SE '/ OF T. 4N., R.1W., SECTION 25 CASE NO. FP-07-004 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 Mazch 13, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: Mazch 13, 2007 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 PARAMOUNT SUBDIVISION NO. 15 LOCATED IN THE SE % OF T. 4N., R. 1 W., SECTION 25, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 15 / (FP-07-004) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 01/30/07, SHEET 1 OF 4, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments asset 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: March 13, 2007, listing 14 SITE SPECIFIC REQUIltEMENTS/FINAL PLAT and 11 GENERAL REQUIl2EMENTS, 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 Brighton Corporation, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their March 13, 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-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER. OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 15 / (FP-07-004) Page 2 of 4 obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more 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 may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 15 / (FP-07-004) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~`~" day of _ _. _ `" tl ' l ~- ~ ~ .2007. By: Tammy ~,rc9 erd ~~~~• ~ n,~_?: ; ,Mayor, of Meridian Attest: ~,,.~``a~"~ Q ---',~~~ -. ,,, V ~' -~ .. C..:......- ~.....S - William G. Berg, Jr., City erk ~~ ~`~ hC~ /` Copy served upon Applicant, the Pl ~ 8~e~arhnent, Public Works Department, and City Attorney. ',~~~~~~iir~n ~ ~ ~ i i i~~~~`~~~\~` By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 15 / (FP-07-004) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: March 13, 2007 Transmittal Date: March 8, 2007 Mayor and City Council rriv of _ : - ,~ -. ~~ ~~~~~~~ uawsa .; ~~,Y Kristy Vigil, Assistant City Planner 208-884-5533 ~ G Michael Cole, Development Services Coordinator 208-898-5500 Paramount Subdivision No. 1 S Request for Final Plat Approval of Paramount Subdivision No. 15 Consisting of 10 Single-Family Residential Building Lots and 11 Common Area Lots on 5.22 Acres in an R-8 Zone by Paramount Development, Inc (File# FP-07-00~. 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 SUNIlYIARY & LOCATION The applicant, Paramount Development, Inc, has applied for fmal plat approval of 10 single-family residential building lots and 11 common azea lots on 5.22 acres of land for Paramount Subdivision No. 15. The zoning district for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 1.91 dwelling units per acre; the net density is 3.9 dwelling units per acre. Paramount Subdivision No. 15 is located 1/2 mile south of Chinden and on the west side of North Meridian Road in the SE '/a of T. 4N., R. 1 W., Section 25. This property has not been previously platted Staff is requiring a special setback on lots fronting infiltration trenches, to comply with the Department of Environmental Qualities Catalog of Stomwater Best Management Practices for Cities and Counties, of 20-feet of separation between an infiltration trench and a building foundation. While staff generally doesn't provide much analysis of conditions in the summary of a Final Plat Staff Report, it has come to staff's attention that this may be a discussion item for Council as the applicant is attempting to vacate a similar condition on a previous phase of Paramount Subdivision and may wish remove this condition of approval. See site specific condition # 9. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 3,960 s.f. for detached units and from 6,500 s.f to 3,159 s.f. for attached units; a reduction in the minimum dwelling size from 1,301 s.f. to 1,101 s.f for the detached units; a reduction in the front setbacks for living areas from 15' to 10' for both the detached and attached units; a reduction in the street side setbacks from 20' to 10' for both the detached and attached units; and a reduction in street frontage for each lot from 65' to 36' for the detached units and from 65' to 27' for the attached units. The City Council approved the preliminary plat for Paramount Subdivision on June 24, 2003 and the submitted final plat substantially complies with the approved preliminary plat. Exhibit "A" FP-07-004 Paramount Subdivision No. 15 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of Paramount Subdivision No.15 with the comments and conditions stated in this report. SITE SPECIFIC CONIDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-00$) and development agreement (Inst. No. 103137116). 2. The Final Plat approval for this subject phase shall expire if it is not signed within 18-months from the signature of the City Engineer of phase 14. The applicant has indicated that the Homeowners Association will own and operate the required pressurized irrigation system in this development. Therefore plans and specifications will be reviewed and approved by the Public Works Department during the construction plan approval process. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 6. Sanitary sewer and water service to this site is being proposed via extensions of existing mains installed in previous phases. Applicant will 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 standazd forms of easements, for any mains that are required to provide service. 7. The water main in W. Producer Drive shall be 12-inch. The applicant shall dedicate additional Public Utilities, Drainage and lmgation Easement along interior lot lines where the pressurized irrigation system is being installed. The width needs to be sufficient to ensure 5-feet past the centerline of pipe. 9. Graphically depict a special setback on the following lots. The setback needs to be sufficient to ensure the 20-foot separation between an infiltration trench and a building foundation as required by The Department of Environmental Qualities Best Management Practices. a) The northwest boundary of Lots 3 and 4 Block 40. b) The northwest boundary of Lots 2-4 Block 41. 10. Revise or add the following note(s) on the face of the plat prepazed by Engineering Northwest, LLC., stamped on 01/30/07 by James Washburn, prior to signature of the final plat by the City Engineer: 2.) Revise to include a dedicated 10-foot wide Public Utilities, Drainage and Irrigation Easement, centered on interior lot lines. Exhibit "A" FP-07-004 Paramount Subdivision No. 15 FP.doc FAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. The landscape plan, prepared by The Land Group, and dated 03/01/07 is approved with no changes. 12. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and Iot & block numbering. Make all corrections necessary to comply. 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. 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. Staffs failure to cite specific ordinance provisions or conditions from the prelnninary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItE1VIENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit "A" FP-07-004 Paramount Subdivision No. 15 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Carps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMI~~NDATION Staff recommends approval of the final plat for Paramount Subdivision No. 15 (FP-07-004) with the above stated comments and conditions. Exhibit "A" FP-07-004 Paramount Subdivision No. 15 FP.doc PAGE 4 March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. 9 REQUEST Continued Public Hearing from March 6, 2007 for Writ#en Testimony: Proposed Fireworks Ordinance: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aftached March 6 2007 Draft minutes OTHER: See Comments from Bob Brown, Spencer Martin 8 Scott Thomson Contacted: Date: Phone: Emaited: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT ITEM NO. ~ O REQUEST Ordinance No. :New Fireworks Ordinance - 1st Reading: 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 Ordinance OTHER: See Comments from Bob Brown, Spencer Martin ~ Scoit Thomson Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. March 9, 2007 AZ 06-046 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Great Sky, Inc ITEM NO. ~ ~ REQUEST Continued Public Hearing from February 27, 2007: Request for Annexation Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision - 34b5 8~ 3595 E Victory Road and 3432 & 3467 E Falcon 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 Atl~oched Comments OTHER: Contacted: Date: t~none: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 9, 2007 PP 06-04$ MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Great Sky, Inc ITEM NO. 12 REQUEST Continued Public Hearing from February 27, 2007: Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Subdivision -3465 8~ 3595 E Victory Rd and 3432 8~ 3467 E Falcon Drive AGENCY CITY CLERK: CITY ENGINEER: CIiY 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 Soe Comments In AZ Packet Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 9, 2~7 VAC 07-004 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT Toothman-Orton Engineering ITEM NO. 13 REQUEST Public Hearing -Vacate the water service line easement located on Lot 15, Block 1 of Bonito Subdivision No. 3 for Bonito Subdivision No. 3 - 2971 E. Copper Point Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Objection NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. March 9, 2007 AZ 06-064 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT RMR Consulting, Inc. ITEM NO. 14 REQUEST Public Hearing -Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normanry Subdivision - 4145 South Locust Grove Road AGENCY COMMENTS CITY CLERK: See PZ Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached Recommendations OTHER: See Attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeHn~ shall become property of the Clay of Mertdlan. March 9, 2007 MERIDIAN CITY COUNCIL MEETING March 13, 2007 PP 06-065 APPLICANT RMR Consulting, It1C. ITEM NO. ~5 REQUEST Public Hearing -Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the proposed R-8 zone for Normandy Subdivision - 4145 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See PZ Item Packet /Minutes See Attached Recommendations See Attached Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 9, 2007 VAR 07-001 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT RMR Consulting, Inc. ITEM NO. 16 REQUEST Public Hearing -Variance to the UDC standard of maximum allowable block length of 750 feet for Normany Subdivision - 4145 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No ObJecflon NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached A~davtt of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 9, 2007 MI 07-004 MERIDIAN CITY COUNCIL MEETING March 13, 2~7 APPLICANT Treehaven, LLC ITEM NO. 17 REQUEST Public Hearing-Miscellaneous appQcation for a third amendment modification to the previously approved DA for the Tree Farm Annexation (AZ 06-004) by includng a provision to adjust the zoning boundaries to generally align w/lot lines or the centerlines of streets for Tree Farm DA Modification - n/o Chinden Bivd on both sides of Black Cat Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. March 9, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Treehaven, LLC PP 06-058 March 13, 2007 ITEM No. 18 REQUEST Public Hearing -Preliminary Plat approval of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres in existing R-2, R-8, R-15 and C-N zones for Joker Subdivision -north of Chinden Blvd and West of 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: COMMENTS See PZ Item Packet /Minutes See Attached Recommendations OTHER: See Attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub8c meetings shall become property of fhe City of Meridian. March 9, .2007 MERIDIAN CITY COUNCIL MEETING M 107-003 March 13, 2007 APPLICANT David Waldron ITEM NO. 19 REQUEST Public Hearing -Miscellaneous application to Modify the existing DA to remove Item 6.1 which requires procurement of detailed conditional use permits prior to development /uses of eacf' lot within the subdivision for Sparrowhawk Sub Nos. 1 8~ 2 - n/o Franklin Rd 8~ e/o Locust Grove Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Comments from Bevy ~ Tamura, and John Anderson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. s March 9, 2007 AZ 06-060 MERIDIAN CITY COUNCIL MEETING March 13, 2007 APPLICANT CTD Development ITEM NO. 20 REQUEST Ordinance -- Request for Annexation and Zoning of 5.01 acres from RUT to R-8 & R-15 zones for Arch Rock Subdivision -South of McMillan Road and East of Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDSR~ DAVID NAYARRO AMOUNT .00 ! BOISE IDAHO 0312'1107 Ot PM RECO DED C REQUEST OF ~II ('~I'~'~'II~~I'I'~~~I~I'~~~I ~~ I ~~~ Cily of Meridian 1~7Ei4E~~34 CITY OF MERIDIAN ORDINANCE NO. ~ ~° ~ d ®Z- BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-060 ARCH ROCK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING SITUATED IN A PORTION OF THE NW '/ OF THE NW 1/ OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT), R-15 (MEDIUM-HIGH 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 Si:rNiMARY 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 MERIDL~N, 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: RMC Construction. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential), R-15 (Medium High Density Residential), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-060 ARCH ROCK ANNEXATION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall .also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ 'L G~iL!i~ , 2007. APPROVED BY THE MAYOR OF THE C Y OF MERIDIAN, IDAHO, this --~~ day of ~L~li 007. .. ~pe ~m~-~~~ /~rPli~lBh--f~ ANNEXATION OF A~06-060 ARCH ROCK ANNEXATION Page 2 of 3 f ATTEST: ~~~ ~~J~ WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss. County of Ada ) .<<<~~.; .~~~ t~ - `, ~--- -' ' .~ 6, ,~ rr ~ ~ ~r~ `t~w q,~\ A~ y~'ij'^~$s ti7a ~ ` ~~'BSfJ~psJ/iii9ii 1711@1~j~~t4` On this --~ day of j' r (~~{,~~~'i , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared, 1b,~ $m~~... ~ and WILLIAM G. BERG, JR., known to me to be the~er an~ ity Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~1 GJ1 ~'1~1~c ~~ (SEAL) r • '~e~~~• •• Q~,'$~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ [~G~ :.fir.,[ MY COMMISSION EXPIRES: J ~ ~-~5- ( j ANNEXATION OF A~06-060 ARCH ROCK ANNEXATION Page 3 of 3 Legal Description c~~C~I? ~, Professional l_ngineers, land Suryeyo~santl Planners ,~> 314 Badiola St. Caldwell. !D $3f'~S ~C~ ~l ~~1~ , Jnc. , ~ l;~a$) X54-0~a6' Fax (p08) 454-0973 e mail•~ dhoLhey~~serrQ~us FDR: C.T.II. JOIE NO.: JN13i}6 DATE: September 29, 2046 ANl~I11XATIOIY BOUNDARY An annexation parcel of land being a portion of the NW U4 NWII'4 of Section 36, Tovvnsi~p.4 North, Mange l Nest; Boise Meridian,, ;Ada County Idaho,.more partievlariy d~eribed_as fellows; Commencing at the northwest corx~r of said NVb'114 NWl/4; Tlyence S 04° 14' 42" W 1'or;a distati~ of686.89 fcet along the westlxoundary of said~lVWlf4 l~ W l l4 to the POINT OF BEGII~IMNG; Thence S 84° 2b' l 8" E -for a di stance of 787:97 feet to a point on tha westerly boundary of Cobblefield Crossing Subdivision; . Thence S 26° 0$' 18" GV for a distance of 338.93 feet along said westerly boundary to a.poiut; Whence N 89° 26' 43" W for a distance of 63g.9f feet along the north .boundary of Cobblefieid Crossing Subdivisionto a paint on the west boundary of said NW](4 NWll~ii Thence N 00° 14' 42" E a distance of 305.80 feet along the west boundary 6f said I~114` NW U4 to the PO1(1VT OF BEGiNN1NG. This snriexation parcel contains .5.0 l a aces more or less: 3 UBJECT TO: A11 existing rights of way and easernems of record or imp}ied appearing uri the above-desen'b~ parcel of land. ~; c'}VA1. ~Y ~~ ~~~,tlC ~ytS DEFY. ~ ~~ Prafi~iortal Enge-e~rs, Lana Surveyors and Pl~~rs ,~ X14 Badiola St. Calrlv~oll~ !D 8~fi05 ' Pn ~2oa~ '~.-o~~s F {2~~~ a~~~-a~~s ~~ e-mail: dh©I~e~~+~mseu~us FQR C.T.D: JOS NO.: JN130b DATE: ~JctobEr 25, 2006 _ P~iitC~L R8' _ A parcel of land. being a portion of the NWIl4 NW I/4 of Section 36, Township 4 North, Range 1 West„I3oise llrferidian; l~da County Idaho, move particularly described as f©Tlows;._ Commencing at the northwest corner ofsaid loTWI/4 NWl/~; Thence S 00° l 4' 42" W for h distance of 656.89 feet along the west boun~lacy of said NW 2/4' NWl/4 to a poinrt; __ . 'I'bience S 89° 26' 18'~ E for a d~ttance of 1?8-:~0 feet to the PUIl~T't' QF BEGlTY,t~IIl~IG~; Thence ~ 89° 2fi' 18° E for a distaff of 609:9? feet to a point on the `w`esterly bc~u of Cobblcbeld ~rossitng Thence S 26° 08" 18" W fvr a distance of 33&,93 feet Flo Said westerly ~undary t~ a Pc~irn; Thence l~I'89° 26' 43" W for a distance of 461.81 feet along the north botmdary of Cvbblefield Crossing tc~ a point; , Thence N"09° 4b' 45" E for a distance of 9G.42 feet to the brrgnping of a curve,:, Thence 92.35 feet along.said curve turning to the right through an angle of 1tJ5° 49' 19", having a 'radius of 50.00 feet, and whose Iong chord bear's N 25° 27' ZS" ' W for a distance of 79.77 feet to a Point; Thence 9:50 feet along said curve turning to the left throu,~h an ;angle oft?° 12' 30", having a radius of 20.40 feet, aac whose long card bears N 13~ SO'`S?" E-for a distance of 9.41 feet to a point; MASD1t & STAt'7P'I~ZD, I1VC. :. ~YGQYEBES„SURVE7'o~.S, & PlrlM4'~5 (` 'Thence N QOQ'14" 42"' ~ a distance off' X~3.8~ feet parallel with the v~test bc~und~a-y of saidNV+,'1/4 ~~~ Professional Engineers, Land Surveyors anr~ Planners ,-. «~ , a~..,z~.~~ 314 Batlola St. Caldwell, IQ 03605 ~~ fnc. Ph (248j 45~-0256 Fit (208) 454-0974 a-mail: dholzhe~(~m~enQ.i~s FOR: C,T:I?. JOB Ir1~.: JN1306 DATE:. Clctober 25,`2006 PARCEL R1S A parcel. of land:. being a portion of the NWl./4 NVJI/4 of Section 36, Township 4 North, Range 1 West, Raise Mcridian,'Ada County Idaho,more particularly described as follows; Commencing at the northwest corner of sand NWll4 NV~ll4; Thence ~ 00° 14' 42" W for a distance of 686.89 feet along the west boundary of said NW 1f4 N~N1/4 tb a point; Thence S 89° 26' 18" E for a distance of 3.8.00 feet to the Pt~INT OF BEGIle]:NIP+TG Thence'S 89° 26' 18" E for a distance of 140.00 feet to a point; Thence S 00° 14' 42" W for a distance of 133.89 feet parallel with the west boundary of said. NW 1 /4 NW 114 to the beginning of a curve; Thence 9.50 feet along. said curve turning to the right through an angle of 27° '12' 30",having a radius' of 20.00 feet, and whose long chord bears. S 13° 50' S7" W fora distance of 9.41 feet to a_ point; Thence 92..35 feet along saideur~ve turning to the left through an angle,of 105° 49' 19", having a radius of 50.00 feet, and whose long chard bears S 25° 27' 28" E for a distance of 79.77 feet to a point; Thence S 09°46' 45" ~ for a distance of 96.42 feet to a point on the north boundary'of Cohblefield Crossing Subdivision;. Thence,N 89° 26' 43" 11+7 for a distance of 140.1 S feet along said north boundary to a point; IViASRN & S"PtWFIELD, ING. SURi'EYORS~ ENGINEERS & P4riNHF~S Page 1 of t t ~~ Thence N 00° 14' ~2" E a distance of 305.80 feet parallel with acct 38.00 feet east of the t~G~est boundary of said NW1~4 NV~U4 to the PC,~IIeIT Off' I3EGTIYNIPI+G, This parcel contains 1:016 acres more or less. SI3SJECT TO:'All existing rights of way and easements of record or mplied_appearing on the above-described parcel of land. Y tt a ~~~ ~~~*~ ~~~~~ ~,~~~ REV P VAL BY N0~ t 7 ~~~ ~ WORKS QEPT.~C l-~sox 8a STANFtEfeD, INC, Suntg~Oxs, ~vcln~ges&Fi,sNivEas Page Z oft r (~~ {. a' MCM}LLAN Ri~AD 1 - N89 24' 26B}.80' ~-N64' f~FG -- PGHNT Gtr' CO:t411F11G`~ME1YT- A cw~~ ~av o~ -a ~; 2 y ~., MER{~1P,N P0gL1C WORKS DEPT: RTS~ FIXNT Of 3a. ac7' D Ohl ~ ~t~ SB926'}8"E 40, 609.97- 3 ~' a- °ro 'vYi °a u fi o^ ~ ~^~ }` M~ R}5 R8 '? 7.02 Ac. 2 3,.73 Ac. } ' y ~ -~~, er a~+ ti~ 0, r`i., ph ~ A~ ,y: h ~ P- ~ ~~ ~ry }40.75• `N89~6'43 W ' 38.00'. CTD MERID~W I11fFILL ate xo. JN,8Q8 ~ ~ vwc ao. t3.6KiY SK6TCh- _ ason ~, & ~' ;~v p to n~ie~~ ~„~. ~1ae~ r ~ni~s P~Jss~~ CURt>~ TABLE 1L AAC A CHORD B.RC. 6t _. 8 20.C0 i( c1 -sz,rs oo s Ys' »n- ~ '~ ,,, ',,,~ ~. clTV of ,~;< y' = ~ i j' ~,Y1l.~IG~" ;; ~ ~~AI-,~ ~~ c ~ ~ ~ v~Y l MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Chazles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Pazks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 MAR 13 ~p~7 ~„~ ~fM~di~ ~~ty ~i~1~ 0<~c DELIQUENCY FOR TURN OFF Schedule for March 14, 2007 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for March 13, 2007. Users having delinquent utility bills will be shut off on March 14, 2007. The total amount past due is $ 12,417.60. The number of past due customers is 144. Jaycee Holman Billing Manager CrrY HALL 33 EAST IDAxo AvENUE MERIDLAN, IDAxO 83642 208) 888-4433 CfCY CLERK -FAX 888-421 S CITY ATTORNEY / HR -FAX 884-8723 FINANCE 8L UTILITY BILLING -FAX 887- 13 MAYOR'S OFFICE - Fax 884-8116 s CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Mar 13, 2007 05:08pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 14.20.0134.4 ABBOTT, STEVE ~ LORI 58.32 96.19 1811 GREENFIELD AVE N 2 17.34.0708.4 ABEL, RANDY 74.44 146.99 2217 AMETHYST AVE N 3 15.21.1720.2 ADAMS, SHIRLEY 74.97 119.42 2121 LEANN WAY 4 14.20.1840.3 BARYON, TIFFANY 107.19 238.43 3815 SEA ISLAND CT 5 15.21.2128.2 BATES, SUMER 58.32 128.77 2860 ANN ST W 6 7.04.1122.2 BEASLEY, KISMET 85.13 193.52 1821 GRAND CANYON DR E 7 6.06.9878.1 BIYDS IDAHO 87.53 110.61 2018 REDWICK CT E 8 12.40.0402.2 BLACKMON, LEANNA 50.26 109.67 3394 MAPLESTONE AVE N 9 7.52.0107.1 BOULDER CREEK BUILDERS 221.89 252.65 3661 SUMMERCREST PL N 10 3.90.0330.2 BRANDON CRIBBS $ DESERAE ALEO 50.26 122.64 3079 DIVIDE CREEK DR W CASH ONLY UNTIL 6/20/07 FOR PAM MILLER (RENTER'S MOTHER) DUE TO NSF. 11 16.32.1558.4 BROWN, BRIAN & TANG 91.00 148.59 2554 8TH AVE NW RENTER (BROWN) PHONE 208-906-0365 12 14.14.3698.3 BURDINE, JANET 54.82 81.93 4035 NIEMANN ST W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Mar 13, 2007 05:09pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compa red to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 13 17.79.0611.3 BUTCHER, VALERIE & CLIFFOR 103.18 169.00 2037 COUGAR WAY N 14 17.85.0421.2 CARRERO, SHERRIE & BRIAN P 80.37 142.59 136 BALDWIN ST E 15 14.14.3012.2 CHAMPAGNE, KIMBERLY 8~ DENNIS 55.57 119.29 4350 NIEMANN DR W 16 17.34.0966.1 CHRISTIANSEN, SCOTT L 54.29 124.74 2611 VALMET PL N 17 8.81.0525.2 COFFMAN, DANIEL 8~ KIM 58.72 119.01 515 HERITAGE PARK ST E 18 15.21.1766.1 COFFMAN, RICK K. 71.55 130.19 1960 MARIANNA PL 19 8.81.0818.2 COLARUSSO, LENORE 79.00 122.40 556 HERITAGE PARK ST E 20 15.22.1606.3 CONCANNON, KEVIN 82.50 176.25 1660 BEARDON CT CONCANNON (RENTER) PH: 362-3525 21 8.85.0006.2 CRANER, DON ~ TERA 93.68 155.02 4075 BEAHAM PL N 22 18.42.2530.2 CRAWFORD, CHRISTIAN 55.62 141.24 2031 LOCHMEADOW CT E NO ARRANGEMENTS TIL 11/24/07!!!-CASH ONLY TIL 11/24/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 23 15.21.0458.2 CROW, KEN ~ ALICA 78.24 105.07 2966 OLD STONE WAY N 24 14.19.7138.5 DAROSA, JOE 51.12 75.25 3488 SCOTTSDALE ST W 25 15.21.2228.3 DAVIS, JESSICA 134.89 312.08 2864 KANDICE CT W 26 16.31.3002.3 DENKER, ERIN & JEFF 50.26 100.39 2240 15TH ST NW • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Mar 13, 2007 05:09pm Current Period: 03!20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 27 12.40.0601.2 DIETRICH, DENISE ~ JO 62.35 135.95 4934 BEECHSTONE ST W 28 13.13.8962.2 DOMINGUEZ, FELIX 85.85 131.95 2732 DAYSIDE AVE N 29 15.22.1342.2 DUNN, LINDY 70.41 138.76 1877 MCGLINCHEY ST W 30 17.34.0592.1 ELLIS, TODD & DANA 54.55 107.83 2328 AMETHYST AVE N 31 15.15.0412.2 FERGUSON, CHARLOTTE 54.29 113.70 2471 MARBURG AVE N 32 17.34.2874.2 FONTANA, GENE 79.80 135.29 2968 BOULDER CREEK AVE N 33 8.08.5096.2 FRAZER, CHARLES 55.62 130.55 4437 SUPAI AVE N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 34 9.92.0420.2 GABICA, MIKE 59.50 107.70 4644 ZACHARY WAY N 35 13.09.0806.2 GARCIA, REANA 55.62 129.02 3046 ELISHA AVE N 36 13.13.6042.3 GARDNER, CHEREE GOODING 73.70 122.51 3085 VALLEY GREEN WAY N (CORNE 37 8.81.0119.2 GHAFARSHAD, ABDUL $ ELIZABETH 52.97 129.11 3789 TUPIZA AVE N NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 38 12.40.0206.2 GIBBS, GAYLENE $ JOSEPH 50.26 115.63 3390 OAKSTONE AVE N 39 16.31.3416.2 GORE, ROBERT & BONNIE 62.19 184.34 1033 FAIRWOOD CT 40 9.15.3508.2 GRIFFIN, DAVID 8~ DIANE 96.15 123.26 4440 RHODES AVE N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Mar 13, 2007 05:09pm Current Period: 03/20/2007 -Transaction s Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compa red to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 41 12.40.0230.2 GRIFFIN, KEVIN ~ SUAFA 55.62 121.44 3482 ELMSTONE PL N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 42 3.18.1213.2 GRIMMETT, SCOTT & NANCY 50.26 115.63 2217 APGAR CREEK DR W 43 15.22.2326.6 GUINN, PHILLP M 58.32 154.74 1813 WHITESTONE CT W 44 15.21.0462.3 GUNNERSON, PATRICK 8~ IVY 65.06 189.42 2470 WHITESTONE DR W NO ARRANGEMENTS TIL 7/11/07!!!-CASH ONLY TIL 7/11/07 FOR IVY & PATRICK GUNNARSON (RENTERS)WROTE NSF TO KEEP/GET WATER BACK ON. 45 15.22.0910.5 GURZHIY, VADIM 322.43 322.43 2041 CHATEAU DR W 46 10.10.2482.2 HARAS, RAYMOND $ DEBORAH 51.87 130.99 2259 TEANO DR W PH.# FOR RENTER (HARAS) IS 598-1521 47 14.20.1606.4 HARDY, MICHAEL 66.38 135.61 3920 SUGAR CREEK DR 48 17.34.0512.1 HARRIS, WILLIAM & EMO JEAN 74.97 211.91 2132 SAPPHIRE PL N 49 8.08.5188.4 HAUGEN, CELINE 67.71 183.68 1198 GRAND CANYON ST E 50 16.31.3490.2 HICKEN, BARON M 95.12 146.41 1967 11TH AVE NW 51 18.43.0424.2 HOPPING, ROSEMARIE 99.00 134.47 2487 CHALLIS ST E 52 18.42.2388.3 HUDDLESTON, TIM 72.42 114.62 2255 GREEN MEADOW CT E • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Mar 13, 2007 05:09pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 53 8.08.5062.3 HUGHES, J. ~ YOUNGBLOOD, S. 80.19 149.72 4497 HERITAGE VIEW AVE N 54 8.08.5196.3 JACKSON, MORGAN "BEN" 84.01 140.27 1116 GRAND CANYON ST E 55 16.32.1332.5 JAMES, SHEILA 51.59 114.83 64 WOODBURY DR W 56 15.21.2830.1 JESSEE, KEVIN 59.65 132.48 2471 MAN O' WAR AVE N 57 8.08.1336.3 JOHNSON, SUZANNE 75.46 109.75 3520 PESCADO WAY N 58 15.22.0330.1 JONES, ELDON & LORI 78.47 145.94 2312 MONACO WAY NO ARRANGEMENTS TIL 7/26/07!! DID NOT KEEP LAST ARRANGEMENTS!!! 59 3.15.4005.3 JUSTICE, BEVIN 85.79 143.71 2588 LADLE RAPIDS ST W 60 9.15.1421.1 KAUTH, DICK 54.29 120.71 551 YOSEMITE DR W 61 17.34.1526.5 KENT, JASON, & APRIL RELEFORD 57.61 122.98 2887 WOLVERINE AVE N 62 7.48.0188.2 KOROCK, STEVE $ MELINDA 65.61 153.23 2259 BOWMAN ST E 63 12.40.0412.1 KRAUSE, RYAN & JAIME 62.20 104.27 4937 ALDERSTONE ST W NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 64 15.21.2176.3 KUPAU, SAMUEL ~ KRISTA 54.29 105.47 2972 HIGAN ST W 65 15.21.2814.2 LANDOW, JOANN 50.80 141.09 2496 MORELLO AVE N 66 9.92.0130.2 LANG, PHILIP 120.56 120.56 1343 COBBLEFIELD ST W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Mar 13, 2007 05:10pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 67 6.45.0416.2 LASH, CHRISTOPHER 66.16 89.24 4880 SCHUBERT AVE N 68 17.33.1856.3 LAWRENCE, CHRIS 8 AMANDA 64.25 130.35 2475 EUREKA AVE N 69 19.10.1514.2 LEARY, KIETH 87.06 140.62 2860 LANCER AVE N 70 16.31.2234.2 LEVICK, LINDA & STEPHEN 91.09 149.56 264713TH ST NW 71 3.15.1330.4 LOPEZ, GILBERTO 64.17 117.73 1899 MARTEN CREEK DR 72 12.40.0303.1 LUSBY, ED 51.59 111.28 3367 MAPLESTONE AVE N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 73 17.34.2898.2 MACMILLIAN, GINA 134.66 189.70 3151 BOULDER CREEK PL N 74 3.90.0324.3 MADINA, JOSE 81.81 104.89 5263 AREZZO AVE N 75 9.09.0284.2 MAIR, JULIE & BRUCE 87.06 150.78 3639 PRICE WAY N 76 17.07.0305.2 MALONE, JOSH 52.28 94.35 3087 TIMBERFALLS WAY N 77 13.09.0614.2 MAN, RICHARD 88.05 111.13 2860 CHRISTIAN WAY N 78 18.42.2332.1 MARIN, JOSE 82.50 165.00 1902 GREENMEADOW CT E 79 4.70.0078.3 MASSEY, CORD 50.79 102.10 1302 HITCHCOCK ST W 80 14.14.1034.2 MASSEY-TAYLOR, MCKENZIE 200.00 257.92 4489 CAMPFIRE ST W 81 7.52.0106.1 MATRIX HOMES 115.76 124.91 3629 SUMMERCREST PL N 82 10.20.0070.3 McCAULEY, JAMES R 116.07 181.89 3864 COOL RIVER WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Mar 13, 2007 05:10pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 83 16.32.0504.4 McQUILKIN, IVA RAE 54.29 125 79 2029 CRESTMONT DR . 84 10.20.0072.2 MILICH, KIMBERLEE 79.13 135 67 3908 COOL RIVER WAY N . NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 85 17.07.0406.2 MILLER, MAUREEN 66.91 105 23 2948 TIMBERFALLS PL N . 86 18.42.1878.2 MOFFIT, DON 82.50 169 03 2072 SEQUOIA PL N . 87 9.09.7170.2 MUNOZ, MICHAEL 79.00 124 50 1580 LORETTA ST W . 88 9.09.0724.1 MURILLO, EDUARDO 103.52 103 52 3863 THAIN AVE N . 89 15.21.1158.3 NILSON, ERIC ~ CHRISTINE 54.82 151 24 2472 MAXIE WAY N . 90 8.08.1610.3 O'BANION, BRIAN 62.88 101.20 346 PATAGONIA DR E 91 18.42.2776.2 OLSON, MARK & JULIA 88.43 130.63 1640 MEADOWGRASS ST E 92 8.81.0538.3 PARSONS, JASON 85.16 108.24 3724 TIPTON PL N 93 12.40.0304.2 PENA, JESS & SUSAN 54.29 121.76 3341 MAPLESTONE AVE N 94 3.18.1617.2 PENNINGTON, JARA 150.64 150.64 2628 DITCH CREEK DR W 95 8.81.0208.2 PLANTE, JERRY 8 THIA 87.06 194.12 269 ANTON ST E NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 96 9.90.1609.3 PLOTT, CAROL LEE 77.37 159.91 4168 BRYCE CANYON AVE N ! • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Mar 13, 2007 05:10pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 97 15.21.2180.5 POULSON, SHAUN 3026 HIGAN ST W Past Due Balance 67.87 128.61 98 11.11.5000.2 POWELL, RHONDA 62.35 119.49 3610 USTICK RD W 99 16.32.0570.4 PREHODA ,BRYAN 67.32 154.91 630 CRESTMONT CL 100 17.34.1940.2 PRESLEY, ALLISON 124.19 167.27 723 WILLOWBROOK DR E 101 3.15.2424.2 PRINCE, MARK 8 JULIE 62.35 133.85 1865 RATTLESNAKE DR W 102 15.21.0012.2 RAINFORD, ROBERT & ALINDA 77.80 123.90 1722 TODD WAY 103 17.85.0415.2 RAMOS, RENEE 104.94 104.94 2733 ALDGATE WAY N 104 17.85.0510.2 RAMOS, RENEE 341.74 341.74 2710 ALDGATE WAY N 105 9.09.0196.3 REUTIMAN, HEIDI 64.25 98.09 138 CORNELL CT W 106 8.08.1050.3 RIDDLE, WILLIAM $ TINA 53.96 170.38 173 MOSKEE ST E NO ARRANGEMENTS ALLOWED FOR RIDDLE (RENTER) UNTIL 1/29/2008-WROTE NSF TO GET/KEEP WATER ON. CASH ONLY. 107 18.43.2452.2 RILEY, RYAN & CHRISTINA 110.71 160.97 2150 HICKORY WAY N 108 12.40.0409.2 ROSE, STEPHANIE R. 50.26 95.31 4823 ALDERSTONE ST W NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 109 16.32.1686.5 SANCHEZ, JAVIER 53.36 117.08 29 WATERBURY DR W 110 10.20.0118.2 SANDOVAL, ANGELICA $ MEDA, JOR 63.68 125.30 1757 QUIET PEAK ST W • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Mar 13, 2007 05:10pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 111 18.42.2066.1 SAWAS, NAJI 76.16 118.36 2092 DEVLIN AVE N 112 15.21.3286.2 SHARP, EILEEN & PERRY 134.91 160.69 3120 PEBBLESTONE ST W 113 17.33.2346.4 SHAW, NATHAN & MAREN 54.87 113.51 634 WOODBURY DR E 114 15.21.2836.2 SINGLETON, RODNEY 61.03 150.00 2777 STALLION ST W 115 15.15.0414.3 SMITH, MARK 8 SHELLIE 74.97 117.32 2380 BAYSTONE DR N (CORNER) 116 13.09.0304.2 SMITH, MILLER, STRACHAN, CLARK 58.88 122.60 3059 CHRISTIAN WAY N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 117 9.92.0128.2 SOLIMENA, ROBERT ~ TATYANA 118.63 118.63 1301 COBBLEFIELD ST W 118 9.20.0504.2 SOTIRIADIS, IRENE EFFI 548.58 548.58 3723 BUCKSTONE AVE N 119 16.21.0719.2 STENGE, SYLVAN & SLAVENSKY, W 85.17 108.25 2835 RIDGE HAVEN WAY N 120 16.21.0206.2 STEWART, SCOTT ~ STEVEN 135.15 208.69 2706 RIDGE HAVEN WAY N 121 13.09.0407.2 STUPAK, PAVEL 108.32 108.32 2804 ELISHA AVE N 122 9.92.7070.3 STURGEON, SARAH & EMILY 54.29 115.63 1258 ANN TAYLOR ST W 123 6.06.9594.3 SWANSON, CORY 83.03 123.45 5180 SCHUMAN AVE N 124 17.33.2772.3 TAYSOM, ERIK 8~ SHARON 100.52 155.73 550 EDGAR ST E NO ARRANGEMENTS ALLOWED TIL 12/22/07....RENTER (TAYSOM) PH: 208-283-9328 125 17.33.2768.5 THOMAS, JEAN 107.10 130.18 596 EDGAR ST E ~, ~. CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Mar 13, 2007 05:11 pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 126 16.32.1616.3 THOMAS, PAUL C 88.09 141.65 2569 RIDGEBURY WAY N 127 16.31.0248.3 TITLE ONE EXCHANGE CO 132.37 132.37 1528 CHERRY LN W 128 16.32.1770.2 TJB INVESTMENTS, LLC 198.01 265.14 2835 MERIDIAN RD N 129 16.32.1772.2 TJB INVESTMENTS, LLC 86.26 109.34 2825 MERIDIAN RD N 130 3.92.0403.2 TURLEY, GRANT 100.77 100.77 2956 LOST RAPIDS DR W 131 15.15.0164.2 TYUKAYENKO, NATALYA ~ YURIY, B 64.25 121.84 2135 WHITELAW DR W 132 13.13.8918.3 UNDERWOOD, SUZANN 60.22 86.00 2735 SWEETWOOD AVE N 133 14.14.3018.1 VAIL, RANDY ~ VICTORIA 51.59 125.47 3075 HIGH DESERT WAY N (CORNER 134 4.70.0172.4 WALKER, TRAVIS & GABRIELA 66.11 89.19 1274 BARRYMORE DR W 135 9.09.9666.2 WANAKA, MICHEL $ RAECHELE 92.46 142.59 988 WHITE SANDS DR W 136 15.21.2096.3 WATSON, PAUL 8~ TRICIA 86.53 223.76 2936 STEPHANIE CT W 137 7.04.1611.3 WESTGATE, LARRY 8 JOANN 58.06 81.14 2128 SIDEWINDER DR E 138 15.21.2988.2 WILKERSON, JASON & JAYMEE 222.23 417.14 3151 MIRAGE CT W 139 17.85.0406.2 WINCH, GREGORY 70.94 94.02 2746 RICHTER AVE N 140 17.34.1892.2 WRIGHT, GILMAN 58.85 92.09 2152 LARK PL N 141 15.22.1530.2 WUPPER, ROBERT & JENNIFER 54.29 113.53 1931 KINGSWOOD CT 142 15.22.1756.2 YEDID, LAVI ~ BARBARA 100.19 125.97 3079 MARBURG AVE N ~ ~, ~ CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Mar 13, 2007 05:11 pm Current Period: 03/20/2007 -Transactions Included Through: 03/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 143 16.32.0692.1 YOCOM, KATHERINE 66.19 187.24 268 CRANMER DR 144 16.31.3248.2 YOUNG, REBECCA 58.44 124.86 1167 DELMAR DR Grand Totals: 144 Customers Listed 12,417.60 20,632.71 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No