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Home My WebLink About2007-03-27r: _ ,,; °"1 ~ ~' ~'~ ~~nvrn~ ~I"v4 V~~)i~ _ _~ C~~~~r-l~~lcn ~~~~ ~ ~, II ).\HC) I~ REVISED MARCH 26, 2007 CITY COUNCIL REGULAR MEETING AGENDA 1: ,, - - - ~ City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 27, 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 O Joe Borton Charlie Rountree }C Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: A'~-e~ ~aCf~ - ~°,y ~~~" ~°O/' !6 6 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: ~,~ s~.~, o(~ 4. Adoption of the Agenda: w~~ v,e.. 5. Consent Agenda: A. Approve Minutes of February 20, 2007 City Council Regular Meeting: ,~~"~ rnc~ B. Approve Minutes of February 27, 2007 City Council Regular Meeting: a~jrr,rvv~- C. Approve Minutes of March 6, 2007 Pre-Council Meeting: a~~~~-- D. Tabled from February 27, 2007: Resolution No. ~- Adoption of Records Retention Schedule: Table to April 24, 2007: E. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-052 Request for Annexation and Zoning of 5.17 Meridian City Council Meeting Agenda -March 27, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • REVISED MARCH 26, 2007 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 E. McMillan Road: ~~~ w F. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-053 Request for Preliminary Plat approval of 26 single-family residential building lots and 3 common /other lots on 5.17 acres in a proposed R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 E. McMillan Road: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: Grp v.a., H. Findings of Fact and Conclusions of Law and Order for Approval: 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: P~~'""'K" I. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-064 Request for Annexation and Zoning of 27.05 acres from RUT to an R-8 zone for Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: ~~ J. Findings of Fact and Conclusions of Law and Order for Approval: 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 Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: a~~-rr~v~.- K. Findings of Fact and Conclusions of Law and Order for Approval: VAR 07-001 Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandv Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: rv~-c.- L. Findings of Fact and Conclusions of Law and Order for Approval: 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: ~~ Meridian City Council Meeting Agenda -March 27, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ • REVISED MARCH 26, 2007 M. Resolution No.: ®~+ ' S~o :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: ~~~~~ N. Approve License Agreement with Nampa Meridian Irrigation District for the pathway along the Creason Lateral in Crossfield Subdivision No. 3: G~~w~ O. Approve Amendment to Agreement with New Heritage Theatre Company: ,r.~.,r,,r,.~ P. Approve Budget Amendment for Mayors Office for FY 2007 for Volunteer Squared Web based Software: ~~- Q. Off-Site Sewer Easement for Incline Village Subdivision by Idaho Conference of Seventh Day Adventists, Inc.: ~y~.y,,,.-..~- R. Water Easement for Grandview Market Place No. 1 by Kimball Properties Limited Partnership: c~rlv~r~c..- S. Approve Cooperative Agreement with Ada County Highway District for Roadway Construction /Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1st Street, Washington Avenue to Cherry Lane: a~~jrrr-dam T. Development Agreement: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: ~ U. Development Agreement: 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: ~7,5,,~'`°,,~"" V. Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Valley Shepherd Church of the Nazarene: W. Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc. on Meridian Water Building Project: G,.,yry..av~c.~ Meridian City Council Meeting Agenda -March 27, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. REVISED MARCH 26, 2007 X. Approve Budget Amendment for Parks Department for After School Pilot Program at Meridian Middle School: a~~-~-~-- Y. Approve Change Order No. 4 for Ideal Demolition for New City Hall Project for Removal and Abatement of Contaminated Soils for aNot-To-Exceed amount of $249,000.00: e~ r~r`°~- 6. Department Reports: A. Mayor's Office: 1. Resolution No. ~ ~ ~' ~~~ Establishing Appointments, Seats and Terms for the Arts Commission Board Members: ~~v v~-- B. Parks Department: 1. Discussion of Proposed Parks and Recreation Fees: ~-~- ~.e. jv-Cs~r~h .*-,.~ 2. Discussion of the Proposed Properties Naming Policy: ~.vj~ww nyc ~f~rGr-~•-r-~ 3. Discussion of Proposed Temporary Naming of Borup Property: ,~a~.-c a.~ /~o~-H,~, /~noIw"fJ 4. Proposed Baseball Park Complex Naming: h~~-`af f~e~f~~ 7. Items Moved from Consent A~g~en~da: 8. MFP 07-001 Request for a Modification to the Final Plat to relocate the approved perimeter fencing for Medford Subdivision by Dyver Development - SWC of Eagle Road and Victory Road: ~~~-- 9. FP 07-006 Request for a Final Plat approval for 4 commercial building lots and 6 industrial building lots on 32.75 acres in I-L and C-G zones for Creamline Park by Creamline Associates, LLC -1200 W. Franklin Road: ~~m~-- 10. Public Hearing: RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: 11. Public Hearing: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: Meridian City Council Meeting Agenda -March 27, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. REVISED MARCH 26, 2007 12. Public Hearing: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: Ca3.,~i1~v~.e, P/~- ,~,o ~-(v-0 l 13. Public Hearing: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: Cvr~Ywu.~.~ p/!t, ~n 4-/v-07 14. Public Hearing: VAC 07-005 Request to Vacate the public utility, drainage and irrigation easements located on a portion of Lots 1, 2, 3 and 4, Block 2 of Strada Bellissima Subdivision No. 1 adjacent to 3015 S. Meridian Road for Strada Bellissima by Strada Bellissima, LLC - 3015 S. Meridian Road: A~'rr.e wc- /,.,.,~f,.~~ 15. Ordinance No. ~~p -' / ~f 3 12Z 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: ci~~,nov~cy 16. Ordinance No. ~ 7~ l3 0~ AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C- G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: ~..oµc. 17. Ordinance No. ~ ~'/.3 0 S RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: u~~o~ 18. Ordinance No. ~ 7~'~,306 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: ~r~mo~ 19. Ordinance No. 07-1289A AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Approve Correction of Legal Description: ~~r~'N`'°~•c~ 20. Ordinance No. 07-1301 New Fireworks Ordinance - 3rd Reading : li ~r ~.~y„~ ,,,, cJ 21. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -March 27, 2007 Page 5 of 5 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 i lF A •~ & 1 _. , ~? ~~'''' CITY OF LL ~~~ ~. ~'~VL reYl~l~',YI _ IDAHO ,,~ ~y C ~c ~,a~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 27, 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 O Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 20, 2007 City Council Regular Meeting: B. Approve Minutes of February 27, 2007 City Council Regular Meeting: C. Approve Minutes of March 6, 2007 Pre-Council Meeting: D. Tabled from February 27, 2007: Resolution No. Adoption of Records Retention Schedule: Table to April 24, 2007: E. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-052 Request for Annexation and Zoning of 5.17 Meridian City Council Meeting Agenda -March 27, 2007 Page 1 of 5 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. • acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC -1780 E. McMillan Road: F. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-053 Request for Preliminary Plat approval of 26 single-family residential building lots and 3 common /other lots on 5.17 acres in a proposed R-8 zone for Portico Place Subdivision by Portico, LLC -1780 E. McMillan Road: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: H. Findings of Fact and Conclusions of Law and Order for Approval: 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: I. Findings of Fact and Conclusions of Law and Order for Approval: 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: J. Findings of Fact and Conclusions of Law and Order for Approval: 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: Prepare K. Findings of Fact and Conclusions of Law and Order for Approval: 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: L. Findings of Fact and Conclusions of Law and Order for Approval: 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: Meridian City Council Meefing Agenda -March 27, 2007 Page 2 of 5 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. • • M. Resolution No.: :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: N. Approve License Agreement with Nampa Meridian _Irriaation District for the pathway along the Cresson Lateral in Crossfield Subdivision No. 3: O. Approve Amendment to Agreement with New Heritage Theatre Company P. Approve Budget Amendment for Manors Office for FY 2007 for Volunteer Squared Web based Software: Q. Off-Site Sewer Easement for Incline Village Subdivision by Idaho Conference of Seventh Dav Adventists, Inc.: R. Water Easement for Grandview Market Place No. 1 by Kimball Properties Limited Partnership: S. Approve Cooperative Agreement with Ada County Highway District for Roadway Construction /Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1st Street, Washington Avenue to Cheny Lane: T. Development Agreement: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: U. Development Agreement: 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: V. Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Valley Shepherd Church of the Nazarene: W. Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc. on Meridian Water Building Project: Meridian City Council Meeting Agenda -March 27, 2007 Page 3 of 5 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. ~ ! X. Approve Budget Amendment for Parks Department for After School Pilot Program at Meridian Middle School: Y. Approve Change Order No. 1 for Civil Survey, Inc., for $1,946.00 for Water and Sewer Improvements in Conjunction with ACRD Overland, Topaz to Cloverdale: 6. Department Reports: A. Mayor's Office: 1. Resolution No. Establishing Appointments, Seats and Terms for the Arts Commission Board Members: B. Parks Department: 1. Discussion of Proposed Parks and Recreation Fees: 2. Discussion of the Proposed Properties Naming Policy: 3. Discussion of Proposed Temporary Naming of Borup Property: 4. Proposed Baseball Park Complex Naming: 7. Items Moved from Consent Agenda: 8. MFP 07-001 Request for a Modification to the Final Plat to relocate the approved perimeter fencing for Medford Subdivision by Dyver Development - SWC of Eagle Road and Victory Road: 9. FP 07-006 Request for a Final Plat approval for 4 commercial building lots and 6 industrial building lots on 32.75 acres in I-L and C-G zones for Creamline Park by Creamline Associates, LLC -1200 W. Franklin Road: 10. Public Hearing: RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: 11. Public Hearing: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: Meridian City Council Meeting Agenda -March 27, 2007 Page 4 of 5 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. • 12. Public Hearing: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: 13. Public Hearing: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: 14. Public Hearing: VAC 07-005 Request to Vacate the public utility, drainage and irrigation easements located on a portion of Lots 1, 2, 3 and 4, Block 2 of Strada Bellissima Subdivision No. 1 adjacent to 3015 S. Meridian Road for Strada Bellissima by Strada Bellissima, LLC - 3015 S. Meridian Road: 15. Ordinance No. 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: 16. Ordinance No. AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C- G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: 17. Ordinance No. RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: 18. Ordinance No. 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: 19. Ordinance No. 07-1289A AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Approve Correction of Legal Description: 20. Ordinance No. 07-1301 New Fireworks Ordinance - 3rd Reading: 21. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -March 27, 2007 Page 5 of 5 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 I Date/Time 03-23-2007 LocaIID 1 2088884218 Loca11D 2 04:25:07 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Une 1 Local Name 2 Llne 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " f l.~(di9-C. `I o~~' .~` `nut~'G >%Jo~r•ce, - ll~ttt,,vt.k~s I ""`~Z CITY COUNCIL REGULAR er7~1~n MEETING AGENDA tOAFiO I o City Council Cham~rs 38 East Idaho Avenue, Meridian, Idaho Tuesday, March 27, 2007 at 7:00 pm. i4lfhough the City of Merto'Jen rro fo»ger requinas s-aom testlrrlofty, sU priesentatloris baffora the Mayorend City Councft are expected to !~ truthful and honest to best of the abl!!ty of the presenter.° 4. RoiMcail Attendance: David Zan3rnba O .toe Borton Charlie Rountn3e Keith Bird Mayor Tammy da Weard 2. Piedga of Aitegiance: 3. CommunHy Invocation by Pastor Burton Robar~r with Meridian f3oape! Tebernacie: 4. Adoption of the Agenda: $. Consent Agenda: A. Approve Minutes of February 20, 2007 City CouncU Regular Meeting: B. Approve Minutes of Fabnmry 27, 2007 Cily Counc~ Regular Meetir~: C. Approve Minutes of Math 8, 2007 Pre-Counai! Meeting: D. Tabled from February 27, 2007; Resolution No. Ad~#Lon of Records Retantlon Schedule: Table to Aprl[ 24, 2007: E. Findings of Feet and Conciusiona of Law and Order far Approval: AZ 08.OS2 Regnest for Annexation and Z:onir~g of 5.17 PR~Isn Clly Cowwil MeaSng Agenda -MSrt7b 2T, 7A~7 pugs 4 of 5 A9 rr~Hsls pussented d ptdrlic mee8rgs s118dI property of6ee GYy of Meddi~a. Anpone dsatdrig ermmnn for d rei~d !a t~cumanlea~for hsainp, pisses oon~ 9+a CUy CI~Ic s OrN~ st 88Bd433 at hest 48 flours prior to the public mssE~g. 1 Total Pages Scanned : 5 Total Pages Confirmed : 95 No. Job Remote Station Start Time Duration Pages Une Mode Job Type Results 001 988 3810160 03:32:53 p.m.03-23-2007 OO:Q0:00 0/5 1 G3 HS FA 002 988 8989551 03:32:53 p.m.03-23-2007 00:01:31 515 1 EC HS CP19200 003 988 8848723 03:32:53 p.m.03-23-2007 00:02:08 5/5 1 EC HS CP14400 004 988 8886854 03:32:53 p.m.03-23-2007 00:01:09 515 1 EC HS CP31200 005 988 8985501 03:32:53 p.m.03-23-2007 00:02:73 515 1 EC HS CP14400 006 988 8467366 03:32:53 p.m.03-23-2007 00:01:09 515 1 EC HS CP28800 007 988 8950390 03:32:53 p.m.03-23-2007 00:01:12 515 1 EC HS CP31200 Broadcast Report - ~ Date/Time LocallD 1 LocaIID 2 03-23-2007 04:25:14 p.m. Transmit Header Text City of Merldlan Idaho 2088884218 Lotai Name 1 Llne 1 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Llne Mode Job Type Results 008 988 208888 2682 03:32:53 p.m.03-23-2007 00:01:06 515 1 EC HS CP33600 009 988 8886777 03:32:53 p.m.03-23-2007 00:02:08 5I5 1 EC HS CP14400 010 988 8840745 03:32:53 p.m.03-23-2007 00:01:11 5/5 1 EC HS CPZ8800 011 988 208 387 6393 03:32:53 p.m.03-23-2007 00:02:08 5/5 1 EC HS CP14400 012 988 2877909 03:32:53 p.m.03-23-2007 00:02:09 515 1 EC HS CP14400 013 988 2088885052 03:32:53 p.m.03-23-2007 00:01:08 515 1 EC HS CP31200 014 988 8886573 03:32:53 p.m.03-23-2007 00:05:43 5!5 1 EC HS CP9600 015 988 8881983 03:32:53 p.m.03-23-2007 00:01:19 5/5 1 EC HS CP24000 016 988 2083776449 03:32:53 p.m.03-23-2007 00:02:08 5/5 1 EC HS CP14400 017 988 4679562 03:32:53 p.m.03-23-2007 00:01:19 S/S 1 EC HS CP24000 018 988 8886700 03:32:53 p.m.03-23-2007 00:00:00 0/5 1 -- HS FA 019 988 3886924 03:32:53 p.m.03-23-2007 00:01:21 515 1 EC HS CP24000 020 988 8841159 03:32:53 p.m.03-23-2007 00:01:21 5/5 1 EC HS CP28800 021 988 2088840744 03:32:53 p.m.03-23-2007 00:01:29 515 1 EC HS CP26400 Abbreviations: H5: Host send HR: Host receive UVS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fall RP: Report EC: Errortorrect ~ ~ Meridian Citv Council Meeting March 27, 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, March 27, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and David Zaremba. Members Absent: President Joe Borton. Others Present: Bill Nary, Will Berg, Ann Canning, Len Grady, Gene Trakel, Ron Anderson, Mark Neimeyer, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba 0 Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and open tonight's meeting. Thank you for joining us this evening. We are glad you're here. It is, for the record, Tuesday, March 27th. It's 7:00 p.m. I'll start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Alex Coulson. He's with Troop 166. Alex, if you will come-join us in the front and if you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: De Weerd: Alex, I would like to thank you for leading us tonight in the pledge with a pin from the City of Meridian. Thank you. Okay. Item No. 3 is our community invocation. Tonight we will be led in our community invocation by Pastor Burton Roberts. He's with Meridian Gospel Tabemacle. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Roberts: Thank you, Madam Mayor and Council, for the privilege of being here. Let us pray. Most gracious and kind Heavenly Father, we do pause tonight with the joy in our hearts of knowing that we have this wonderful privilege of coming to you and invoking your presence at this time of coming together to talk about the needs of our community and I want to start a part in my heart tonight by just saying thank you, God, very very much for the privilege of living in this community and being led by these people. God, Meridian City Council March 27, 2007 Page 2 of 66 our hearts too often are so busy that we will fail to tum toward you with a simple thanks. So, tonight we say thanks for this country, for this community, for your great love for us and we just simply ask, Father, that you would watch over all of these proceedings, giving to the Mayor and the Council the wisdom and the guidance that they desire in their hearts as they lead us to continue to go forward in this community. So, with our hearts we say thank you and may God bless each one of us we pray in Jesus' wonderful name, amen. De Weerd: Thank you, Pastor. I will take a moment of privilege. Last week we talked about a breakfast that we had attended with Drug Free Idaho regarding the March Against Meth and what we can be doing as workplaces. Last Wednesday, 4,000 people of the Treasure Valley joined in at the Idaho Center a presentation by Milton Creagh on methamphetamine and this kind -- you know, this is the Idaho Press-Tribune and they dedicated a whole edition to methamphetamine, some of the dramatic stories we find in our valley. This is a real dangerous and addictive drug that is a real threat to our communities and I just appreciate the people who attended. I know that there were hundreds, if not thousands more that sat at home and watched it with their families, with their kids, and had valuable discussions with their families about the effects that this homble drug has, in addition to other substances. But, you know, I would like to thank certainly staff and Lieutenant Trakel, if he will please communicate back to Brenda Murdock, Lieutenant Overton, Chief Musser, and all those in the police department that participated and helped in the activities leading up to this March Against Meth. The City of Meridian took a very active and leadership role in this March and I, again, am amazed by our community, but I did want to again thank you Council for your participation in the breakfast. Item 4: Adoption of the Agenda: De Weerd: And with that said I will move onto Item 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the Consent Agenda, Item D, which we will discuss again, has been asked to be tabled to the 24th of April. Item M is a resolution number 07-550 in the Consent. In the Department Reports, Resolution 07-551 in the Mayor's office. And Item -- and Items 15, 16, 17, 18 will be ordinance numbers 07-1303, 1304, 1305, and 1306 and with that I move that we approve the revised agenda. Rountree: Second. De Weerd: We have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council March 27, 2007 Page 3 of 66 Item 5: Consent Agenda: A. Approve Minutes of February 20, 2007 City Council Regular Meeting: B. Approve Minutes of February 27, 2007 City Council Regular Meeting: C. Approve Minutes of March 6, 2007 Pre-Council Meeting: D. Tabled from February 27, 2007: Resolution No. Adoption of Records Retention Schedule: Table to April 24, 2007: E. Findings of Fact and Conclusions of Law and Order for Approval: AZ 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC -1780 E. McMillan Road: F. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-053 Request for Preliminary Plat approval of 26 single-family residential building lots and 3 common /other lots on 5.17 acres in a proposed R-8 zone for Portico Place Subdivision by Portico, LLC -1780 E. McMillan Road: G. Findings of Fact and Conclusions of Law and Order for Approval: 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: H. Findings of Fact and Conclusions of Law and Order for Approval: 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: I. Findings of Fact and Conclusions of Law and Order for Approval: 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: J. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-065 Request for Preliminary Plat approval for 110 residential lots and 7 common lots on 27.05 acres in the Meridian City Council March 27, 2007 Page 4 of 66 proposed R-8 zone for Normandy Subdivision by RMR Consulting, Inc. - 4145 South Locust Grove Road: Prepare K. Findings of Fact and Conclusions of Law and Order for Approval: 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: L. Findings of Fact and Conclusions of Law and Order for Approval: 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: M. Resolution No.: 07-550 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: N. Approve License Agreement with Nampa Meridian Irrigation District for the pathway along the Cresson Lateral in Crossfield Subdivision No. 3: O. Approve Amendment to Agreement with New Heritage Theatre Company P. Approve Budget Amendment for Mayors Office for FY 2007 for Volunteer Squared Web based Software: Q. Off-Site Sewer Easement for Incline Village Subdivision by Idaho Conference of Seventh Dav Adventists, Inc.: R. Water Easement for Grandview Market Place No. 1 by Kimball Properties Limited Partnership: S. Approve Cooperative Agreement with Ada County Highway District for Roadway Construction /Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1st Street, Washington Avenue to Cherry Lane: T. Development Agreement: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - and RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, Meridian City Council March 27, 2007 Page 5 of 66 R-15 and C-G zones for Bienville Sauare Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: U. Development Agreement: 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: V. Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Valley Shepherd Church of the Nazarene: W. Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc. on Meridian Water Building Project: X. Approve Budget Amendment for Parks Department for After School Pilot Program at Meridian Middle School: Y. Approve Change Order No. 4 for Ideal Demolition for New City Hall Project for Removal and Abatement of Contaminated Soils for aNot-To-Exceed amount of $249,000.00: De Weerd: Five. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Consent Agenda, Item No. D, has been asked to be table to April 24th, 2007. Item No. M is resolution number 07-550. With that I move we approve the Consent Agenda as noted and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 5. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: • Meridian City Council March 27, 2007 Page 6 of 66 1. Resolution No. 07-550 Establishing Appointments, Seats and .Terms for the Arts Commission Board Members: De Weerd: Okay. Item 6 under Department Reports. In front of you you have a resolution establishing the seats and terms of expiration of those seats. We did it in a staggered way, since this is a brand new commission. Is there any question? If not, I would entertain a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 07-550. Zaremba: Second. De Weerd: We have a motion and a second to approve Item 6-A-1. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Parks Department: 1. Discussion of Proposed Parks and Recreation Fees: De Weerd: Thank you. Okay. Item 6-B, the Parks Department. Good evening. Barton: Good evening. Madam Mayor, Members of the Council, I am simply here to answer questions about the proposed recreation fees for the coming year, so at this time I'd like open it up to any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: None from me. De Weerd: Okay. Simple task. Barton: Thank you. Meridian City Council March 27, 2007 Page 7 of 66 De Weerd: Thank you. Okay. Mr. Nary? Nary: Madam Mayor, Members of the Council, we will work with the clerk's office to get the noticing out and put this back on for final approval. De Weerd: Okay. Thank you. Nary: We will bring back an approval resolution, so that we have it documented that we are tracking the fees, so - 2. ®iscussion of the Proposed Properties Naming Policy: De Weerd: Thank you. And Dean thanks you, too. Okay. Item 2, discussion of the proposed properties naming policy. Strong: Thank you, Madam Mayor, Members of the Council. Provided to you tonight outside of what was in your packet is a copy of some changes that were made to the naming policy that shows the work that the -- that Deputy Attorney Ted Baird and Commissioner John Nesmith did to change some of the elements of the naming policy. When we set out to do this, you might recall seeing this a couple years ago when it was first put in place. One of the elements of the naming policy that we wanted to change was to put more definitive language in a policy related to neighborhood parks that we would -- we would acquire in developments and the naming of those neighborhood parks to be different than the name of the development. So, that's where it started. And, then, as you can see when we go through the policy there was some additional language to kind of firm up and clarify additional language. We added language to the section on temporary naming, which there will be an issue tonight before us that incorporates some of that proposed language. Procedures for permanent naming of parks. There was added language to that section. In the definitions section there was some clarification or changes in the wording from should to shall and so forth. So, if you have questions I would be happy to answer them at this time, but I think it's -- that the changes were to clean up the naming policy and make specific how a donated piece of land would be named when it's -- when it's in a -- in a development that has a different name. With that I would entertain questions. De Weerd: Thank you, Doug. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Zaremba: None from me. De Weerd: Good. Doug. Meridian City Council March 27, 2007 Page 8 of 66 Rountree: Do we need to calendar this for an ordinance? Nary: Madam Mayor, Members of the Council, as I recall before, I think when we passed the original policy it was a recommendation from the Commission that was approved -- I think by voice vote. I don't recall that we did a resolution. Yeah. I mean we can certainly do that. It probably would be easier to track it if we did. So, we can prepare a resolution and put it back on your agenda for consent approval. De Weerd: Okay. Bird: Madam Mayor, I would prefer that. I don't know what the rest of the Council -- Rountree: I agree. De Weerd: Okay. Thank you. Zaremba: Likewise. De Weerd: We will put that on a future agenda. 3. Discussion of Proposed Temporary Naming of Borup Property: De Weerd: Okay. Doug, Item 3. Strong: Madam Mayor, Members of the Council, as you can see the remaining items on -- in the Department Report relate to activity from our March 14th commission meeting and the next items are related to recommended names of parks and facilities within parks that we would like Council action on. The first one is the temporary naming of the property that we have been referring to as the Borup property west of town that's still the undeveloped piece of property in the city. The commission is recommending that we name that -- give it a temporary name of West Meridian Community Park until such time a permanent name is identified. So, that's the proposal that's brought forth from the commission. De Weerd: Doug, can you tell me why? I'm song. That is a mouthful for a park that is undeveloped and, you know, the Borup property worked really nicely up to this time. Strong: Part of the motivation behind this is when we have undeveloped ground or parks that have not been named, is to start calling them something that we can use in budget documents and other planning documents, like we put RFPs concept drawings and things like that. What we have discovered is when a property is called something over a period of time that becomes the name of the property and it's hard to change. The most recent example is Seasons Park in the Autumn Fair Subdivision. We still have staff referring to it as Autumn Fair Park. It's difficult to make the transition. So, the Meridian City Council March 27, 2007 Page 9 of 66 motivation behind a temporary naming of a park is to put something in place that is a reference to that piece of the property that maybe solves the question of it being kind of becoming known as say the Borup property over time. So, that's the best example or the best answer that I have. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Doug, Imean -- I know that Keith had no -- has no desire to name the property, but why can't we call it Borup Park temporarily? I'm like the Mayor, I mean that's a mouthful. Got the West Meridian Community Park, now come on. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I discussed that with Mr. Baird as well and he had discussed it with Mr. Nesmith, who is chair of the naming committee and part of the motivation was -- well, in fact, the primary motivation is, as Mr. Strong stated, it was to get away --Imean on this particular parcel it may make sense that the Borup property is not difficult to deal with, but to be consistent we have had this same problem with Lochsa Falls. We have had the same problem with Autumn Fair where it -- it's very difficult to change the mind set of people if you continue to call it that. The other thing that the naming committee had recommended is when they did these temporary names, that they be geographically located. So, that, again, when they use them in budget documents and RFPs and contracts, that it's clear where these locations are. This is -- and Idon't -- I mean I don't know, Mr. Strong can probably answer this better. I don't think the intent is to put up a giant sign that says West Meridian Community Park. This is not to develop this property at this time. It's still dirt. It still has the rodeo stand there that the Lion's Club have used in the past. It's simply to make -- to get out of the business of keeping these property names on there that become problematic later when you want to change them and either recognize an individual or recognize someone else, in doing that it's to get that mind set off the table as quickly or reasonably quickly as you can and, again, the intent was to simply just use geographic locations, rather than Cherry Lane Community Park or something else that, again, it becomes identified. No one is going to probably name it ultimately West Meridian Community Park, but I don't think Mr. Strong is talking about putting a big sign there that everybody is going to call it that, it's more an internal function is what he's trying to do and to get the mind set out of other folks that somehow that's what it's going to be forever. So, that was the rationale that the naming committee and the parks commission were using doing that. It didn't seem that long to me. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council March 27, 2007 Page 10 of 66 Bird: In other words, we get it changed and by the time everybody gets West Meridian Community Park out of their mouth and got it located again, it will be time to name it permanent. Borup property -- Borup park is temporary. Let's leave it there. That's two words. And everybody knows where Borup Park is. De Weerd: Not that it's stimulating, I'm simple minded, but -- Bird: I am. Strong: This is a recommendation from the commission and, certainly, it comes to you as a recommendation. If you prefer to refer to this property as the Borup property, we will go with that. De Weerd: Mr. Strong, I guess my point is it's being considered for design this year, which will I think give it more identity for what we would like to see it as and as that unfolds there might be a permanent naming opportunity, so that we only have to -- well, you know, so we only have to do this once. Strong: Madam Mayor, Members of the Council, I do want to take a moment, though, to give credit to this committee and the commission, because as you can see, they spent a considerable time in the last couple of months looking at naming and trying to get names of parks and facilities up to date. So, I do want to give them credit for their work. And this was one that has been discussed over time with all properties, because of what Mr. Nary's mentioned with confusion over how we start out calling a piece of property as we acquire it and what it eventually becomes, so -- but we will follow your direction. De Weerd: So, you know, is staff the who is confused or are we confusing our citizens? Strong: I'm sorry, Ididn't -- De Weerd: Are we confusing our citizens? I mean it's not developed, so most likely no one is referring to it. Strong: It's mostly an internal issue at this point. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And, Doug, no -- I don't think there is any way that we would be belittling that committee, nor the parks and recreation commission. We think a lot of them and appreciate what they do for us. But, I don't know, Ijust -- I think the opportunity to name Meridian City Council • • March 27, 2007 Page 11 of 66 it a permanent name is -- is shortly to come, I hope, and I just don't see any reason to change it from what it is. And, you know -- Strong: If that's your direction, we will take that back to the commission. De Weerd: I guess we would like to ask what you're taking back to the commission. Just that as the design elements come out, that we would rather not have this interim confusion, that we'd like to wait until we can have a permanent name. Strong: We will do. 4. Proposed Baseball Park Complex Naming: De Weerd: Okay. Thank you. Okay. Item 4. Strong: Madam Mayor, Members of the Council, the next item is a permanent naming of a complex within a park. As you are aware we are developing an eight baseball field complex on the west side of Meridian Settler's Park and the naming committee from the parks and recreation commission has proposed a name for that complex of the Layton Family Baseball Complex. And, then, additionally, that the field to the north, the large field in the north part of that complex be named after Trace Layton and be called Trace Layton Field. It still leaves other fields that could be named by donors for fund raising for the Meridian youth baseball league and other projects, but because of the enormity of the contribution over many years, as well as the personal time, as well as financial contribution of the project, it seems like a very appropriate step to take and that's what we are bringing forward to you tonight with staffs support of this naming. De Weerd: Thank you, Doug. And it should be noted that the committee did contact Trace Layton and talk to him and I would note that he was very humbled by this recognition. I believe that both Charlie and Keith -- I'm sorry -- the two Council members to my right, were part of the parks commission or involved in some way when Trace was involved on it. Then he was a founder of the vision for the park out there and the development of baseball fields or baseball complex. And I think he's the only one who has really hung on this long through all the tenuous and tedious process. So, you know, I think that this recognition to the Layton family in terms of what they have done, not just at this park, but at Storey Park -- or not at Storey Park, but the park out -- Fuller Park. So -- Bird: And Storey Park. Rountree: And Storey Park. De Weerd: And Storey Park with the legion field. So, Council, I would look for your approval of this naming of the baseball complex and one of the primary fields. Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 12 of 66 De Weerd: Mr. Bird. Bird: I would move that we name the -- is that called a softball complex? It's called a baseball complex. Strong: It's baseball slash softball. But if we refer to it as a baseball complex. Bird: Okay. Baseball-softball complex. The complex name is the Layton Family Baseball Complex and the main field to the north is the Trace Layton Field. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Mr. Strong. Strong: Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: MFP 07-001 Request for a Modification to the Final Plat to relocate the approved perimeter fencing for Medford Subdivision by Dyver Development - SWC of Eagle Road and Victory Road: De Weerd: So, we will move to Item 8, MFP 07-001. Anna. Canning: Madam Mayor, Members of the Council, we do have a letter stating the applicant is in agreement with the modification to the final plat. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8, PF 07-001 for Medford Subdivision. Bird: Second. Meridian City Council March 27, 2007 Page 13 of 66 De Weerd: Okay. I have a motion and a second to approve Item 8. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Typically -- I did want to make note. We have several young people in our audience today. It is spring break and we know that there are many other places that you probably could be. We appreciate you being here with us. It is tradition, usually, for the students that manage to last through at least half of our meeting, we give them a City of Meridian pin. But I will pass to our city clerk pins for you all, since you joined us during your spring break. But we appreciate you joining us tonight. Item 9: FP 07-006 Request for a Final Plat approval for 4 commercial building lots and 6 industrial building lots on 32.75 acres in I-L and C-G zones for Creamline Park by Creamline Associates, LLC. -1200 W. Franklin Road: De Weerd: Okay. Item 9 is FP 07-006. Anna. Canning: Sony, ma'am. I'm still having problems with these two monitors, getting something up there for you to see tonight. On -- this is the Creamline Park project. The applicant did raise some questions about the conditions in the final plat. We have resolved four of -- actually, we have resolved all of the issues, but I do need to have Council read in some changes. One would be to site specific condition number 17. The applicant is in agreement with the wording I have in your presentation notes and that would be to remove the existing conditions A through C and adopt one that reads: Depict either fencing per UDC 11-3-A6-B3 or the landscaping as an amenity per UDC 11-3-A6-B2, adjacent to the Eight Mile Lateral on the plan. Include fencing details, i.e., construction materials and a picture slash sketch on the plan. The fencing shall be installed with the final plat. The other item that needs to be read into the record is with regard to general requirement number two. The applicant has asked to be allowed to have one building permit prior to the final plat being recorded. Actually, they asked for all of them to be released, but we have compromised on one. If that meets Council's approval, the change that would need to be done to general requirement number two is to add a sentence stating one building permit may be requested prior to recording the final plat and, then, adding the word additional toward the end of that sentence before building permits. The wording is up on the screen. Sorry. De Weerd: Thank you, Anna. Canning: The first one was in your notes, but this one is up just on the screen. Sony about that. De Weerd: Okay. Council, any questions? Meridian City Council March 27, 2007 Page 14 of 66 Bird: I have none. Zaremba: Madam Mayor, I have one comment. De Weerd: Mr. Zaremba. Zaremba: Director Canning, the -- oh. Not speaking loud enough. Okay. In our packet we had a letter from Intermountain Gas Company asking that their easement continue on through the private road and do we need to add that someplace? I'm thinking that's appropriate somewhere around site specific 15. Or is that something that's understood without adding it? Canning: Madam Mayor, Members of the Council, that would be appropriate as stated to add it to item number -- to go ahead and add it to item number 15, I believe. Zaremba: Okay. Just a reference to the letter is good enough or do we need to specify how the easement continues? Canning: Madam Mayor, Members of the Council, we can work out the wording for the final plat order, as long as it's clear what the intent is. So, I think we just -- if you'd give staff direction to add it as a part of the final plat order. De Weerd: Okay. Anything further? Okay. Thank you. Council, do you have direction on this? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9, FP 07-006, directing staff to clarify the access easement as indicated in the correspondence from the gas company. That site specific 17 be changed as noted in the presentation by staff removing site specific comment A through C and adopting the following A, depicting a fence per UDC 11-3- 6B-3 or the landscaping as per UDC 11-3-A-62, which is adjacent to the Eight Mile Lateral on the plan, including fencing details in the parenthetical comment. And that the general requirement number two be modified as shown in the overhead presentation for item two, one building permit may be requested prior to final plat. And the final plat for the subdivision shall be recorded before applying for additional building permits. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • • March 27, 2007 Page 15 of 66 Item 10: Public Hearing: RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: Item 11: Public Hearing: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: De Weerd: Okay. Items 10 and 11 are public hearings RZ 07-001 and PP 07-002. We will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Deklan project. It's located on the east side of West 4th Street near the northeast comer of West 4th and Maple, as shown along the vicinity map. It's just south of the LDS church. The applications before you tonight are a rezone and preliminary plat approval. The rezoning is from currently R-4 to R-8 for 1.59 acres and, then, a preliminary plat approval of six single family residential building lots. The gross density is 3.77 units per acre. The Planning and Zoning Commission did recommend approval at their February 15th, 2007, hearing. Megan Johnson spoke in favor of the application. Laura Lentz was in opposition and also in opposition, but not providing verbal testimony were Bud Larsen, Janet Larsen, John Femandez and Kay Femandez. No one was commenting. Key issues of the discussion by the Commission were the improvements along West 4th Street and there were no changes to staffs initial recommendation. The outstanding issues before the City Council -- the applicant initially requested to have the PI requirement -- pressurized imgation requirement waived for the subdivision. Staff didn't support that request. The applicant didn't raise the question again during the hearing or subsequent letter, so if they plan to install the pressurized irrigation system, there are no outstanding concerns from staff, so -- they did need to do a modification to their cul-de- sac as shown here. It makes their landscape buffer a little narrower just in that one small portion. And with that I will answer any questions that Council may have. De Weerd: Council, any questions for staff? Bird: Not at this time. Zaremba: Madam Mayor, I do have one. De Weerd: Mr. Zaremba. Zaremba: I keep losing track of the area that is supposed to be changing to Old Town. Isn't this within the area that the rezone would be proper to go to OT? Canning: No, sir. The Old Town boundary changes -- I believe on the other side of -- Zaremba: West 3rd, maybe. Meridian City Council • • March 27, 2007 Page 16 of 66 Canning: I think it's -- in some areas it goes to 4th, but not in this particular area. It doesn't start until south of this area. So, this area is still shown as the -- I can bring it up. Hold on. I have that capability. Zaremba: Well, one of these days I will remember where the intended boundaries are, so you have answered my question. De Weerd: Anna, isn't the McFadden property north of that? Canning: No. It's the LDS church. De Weerd: Oh, the LDS church. Okay. Canning: Oh, that doesn't work. No, sir, it's not intended to be -- Zaremba: Thank you very much. De Weerd: That was an easy answer. Okay. Anything further? Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Johnson: Good evening, Madam Mayor and Council. My name is Megan Johnson with WRG Design. Office address is 1173 East Winding Creek Drive, Eagle. 83616. De Weerd: Thank you. Johnson: And I'll make this pretty short. We are in agreement with the conditions of the staff report, with the exception of the pressurized irrigation system and that's simply because there really isn't a reliable source of water. We did meet with Bill Henson from the Nampa-Meridian Irrigation District and we do have a letter from him stating that there isn't a reliable source of pressurized imgation water on this property and that there really -- there aren't any other established pressurized irrigation systems in this area for the project to connect into. Our engineer is here to answer any technical questions you may have about this system, because I don't know that. I don't know all the details. But that's the general information, so if you have any questions I'm more than happy to stand for questions. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council March 27, 2007 Page 17 of 66 Rountree: What are the size of the common lots that you have in total for this development? Johnson: The common lots? It's -- I believe it's about .1 acre, 6.3 percent of the site. Rountree: Thank you. De Weerd: Anything further from Council? Len? Grady: Madam Mayor, Members of the Council, it was our opinion that if they could -- we realize that the water rights there are not as reliable as they could be, but if they could capture whatever water they do get and supplement with the city's water, we would be much happier. Underground tank of some sort that we could supplement with city water. De Weerd: Thank you. Do you understand that comment or -- Johnson: Right. And I think I'd actually prefer to have Ryan Morgan, the engineer, come and discuss that. He knows the technical -- De Weerd: Thank you. Morgan: My name is Ryan Morgan. Also with WRG Design, 1173 Winding Creek Drive, Eagle, Idaho. 83616. Madam Mayor, Members of the Council, we looked at the possibilities of capturing the water and did some extensive research with the Nampa- Meridian Irrigation District and it comes down to the fact that we have 1.2 shares of imgation water for this particular piece of property, which is equivalent to nine gallons a minute and we only get water delivered one day out of the week, if that, and during the summertime it's often less than that. We have talked with the neighbors in the area and they say it's oftentimes less than that. So, we are looking at putting a tank in -- not an extremely large tank, there would be a tank involved and, then, probably a one, maybe two horse pump to facilitate this and for the amount of use that it would get, we just felt that it would not be that beneficial as per the amount of water that we would be using. We understand the need for conserving water and we are in agreement that it takes a lot of time and effort to treat water to a drinking water standard, but we also feel that in this particular instance with the amount of water that we would be using, that it would just not be beneficial, not only to our client, but also to the neighborhood in general. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council ~ • March 27, 2007 Page 18 of 66 Zaremba: Just for me to have a frame of reference, how much -- how much water do you think you would need and have you identified how much you would get? Do you need a hundreds times that or ten times that or -- Morgan: Typically for irrigation needs for the amount that we have got for this particular project, you're looking at 30 to 40, maybe as high. as 50 to 60 gallons per minute for a two to three hour -- actually, I take that back. For a one hour period two to three times a week. So, we are not talking a whole lot of water, but, like I said, the problem comes in the fact that we only get water one day a week, so we would be storing this water, most of which, if we get it on a Monday, most of which will be evaporated and gone by the time you go to use it on Wednesday and a Friday. So, you'd only be able to use that water one day a week, because most of it, then, would evaporate even if you did put it in an underground, you know, vault, with the temperatures through especially July and August, you would, just through the natural process, lose a lot of that water that you tried to retain anyway. Zaremba: Okay. That helps. Morgan: Thank you. De Weerd: Len? Grady: Madam Mayor, Members of the Council, Iwould -- I would still argue that if they receive water on Monday, that they set their timers on Monday. Evaporation losses would be insignificant. Because it is such a small area, I think the tank required would be relatively small. I kind of did a ballpark estimation, about a six foot diameter pipe manhole, maybe ten feet deep or less would cover it, but that was just the back of an envelope calculation. De Weerd: Okay. Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I did have some answers for Councilmember Rountree, if you wanted them. De Weerd: Okay. Councilman Rountree? Canning: It appears that the open space on the north side of the entrance road is about 2,700 square feet. Then, this one I think shows up at 24 -- it's a little hard to read it, so totaled they are a little over 5,000 square feet. But it is a small in-fill site. It's only .one and a half acres, so -- De Weerd: Thank you, Anna. Okay. Council, any further information needed? Meridian City Council • March 27, 2007 Page 19 of 66 Bird: I have none. De Weerd: Does the applicant have any last words? Johnson: No. Just to, again, ask for the waiver of pressurized irrigation, but that's it. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a question for the applicant. Do you have anything that would represent the design of the homes that you propose to build in there? Johnson: Yes. I believe we submitted building elevations with the application. Rountree: Anna has those. Johnson: I think I have some in my folder, but I believe we are looking at about 1,500 square foot homes. Single story, I believe. And, yes, more of a patio home, kind of in- fill development. Canning: Sir, would you like me to get those -- do you want to look at them in the file or do you want me to put them up on the overhead? Rountree: If you'd stick them up on the overhead. Canning: Okay. It will take me a minute. It's not fired up yet. Grady: Madam Mayor? De Weerd: Yes, Len. Grady: While she's putting that up, just a further note. If the Council does waive that requirement, they would be required to have well development fees that -- I think they are roughly a thousand dollars per ERU is what we charge for lots that hook up to city water for PI. Just a reminder. De Weerd: That was your understanding? Johnson: Yes. We were aware of that. Canning: That's one elevation and I have another one. Meridian City Council • • March 27, 2007 Page 20 of 66 Rountree: Thank you. I have nothing more. De Weerd: Okay. Thank you. Okay. Council, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on RZ 07-001 and PP 07-002. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 10 and 11. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Further information needed from staff? Do I have a motion? Rountree: Madam Mayor, I have a question for staff, because I can't get the comments up on my computer. What was ACHD's comments about 4th Street and its potential to be extended to Cherry Lane or some improvements on the end of 4th Street, because it just kind of goes out into a vacant field right now. Canning: I will have to check the comments briefly, but I can bring them up and you can look at them at the same time. Madam Mayor, Councilmember Rountree, it appears that the conditions don't state much more than -- other than improving the portion of 4th Street that adjoins this property. I can look and see if we have got a copy of the staff report. Unless Mrs. Richardson happens to know, who's sitting in the audience hiding quietly. De Weerd: Do you know? Okay. Council, to consider her testimony, I would need you to open up the Public Hearing. Rountree: So moved. Bird: Second. De Weerd: Okay. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Meridian City Council March 27, 2007 Page 21 of 66 Richardson: Good evening. Christy Richardson, representing ACHD, 3775 Adams Street, Garden City. Madam Mayor and Members of the Council, with relation to 4th Street, staff report doesn't address its future or its extension. It is a local street and how it develops in the future will depend on adjacent development, such as the application before us this evening. But there are no ACHD plans or funding to extend it to the north. Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Question. Is there a requirement on ACHD's part to put up some type of bamer to indicate that the road doesn't go through? And I'm not aware there is one there now. Richardson: Madam Mayor, Members of the Council, while there is not a specific condition written into the staff report, it is standard that those types of barricades are put up. And I can certainly add that into our comments just as a flag to our standard conditions that it be noted to be included. Rountree: Thank you. Zaremba: Madam Mayor, if I'm interpreting the aerial correctly, there is one more property north of this property along 4th that still needs access, so the bamer wouldn't actually be at the end of this property. Am I interpreting that correctly? Bird: I think you're right. Canning: There appears to be -- Madam Mayor, there appears to be half a road already constructed. Mrs. Richardson, do you know if that's the case? Richardson: I'm not familiar with the site. Canning: And as you go further north I know that -- I know that it's -- that these properties on the north end of 4th Street do take access from 4th. There seems to be a full street section and this section. We have looked into this recently, Madam Mayor, Councilmember Rountree, because the church is considering requesting a rezone, so we have been looking at what requirements may be appropriate and we have been talking to them about that. So, I believe that these properties still take access from the kind of existing half street 4th Street and there appear to be improvements the full length, although it's not fully improved, obviously. Richardson: Madam Mayor, I would be happy to take this back and we can take a look at it and put up appropriate signage if necessary and certainly we wouldn't restrict access to anyone who is on that street, but if we need to make some additions, we would be happy to do that. Meridian City Council March 27, 2007 Page 22 of 66 Rountree: Thank you. De Weerd: But, Anna, they are fully developing that road up to the north end of the property; correct? Canning: Correct. Which would be this location. De Weerd: Okay. Canning: Mr. Berg said that the pavement ends there. Is that correct, Mr. Berg? Here? Bird: The third house down is where it ends. On the Cheny Lane. De Weerd: Ms. Johnson looks like she has the answer. Johnson: Well, I actually just drove by the site before the hearing, because I was a little early, so I thought I would drive by. There is -- starting just south of our property, there is a full street section and, then, we would be improving our frontage and there is already a paved half street section, which continues up -- and I'm not really sure where the canal -- there is a canal ditch that goes across 4tth and there is a half street section all the way up to where that canal cuts across 4th and it is just currently grass and used for parking, I believe, for the ball fields right now, the other half of the right of way. So, it doesn't end at our property boundary. De Weerd: Thank you. Council, any further information needed before we close the Public Hearing? Okay. Rountree: Madam Mayor, I'd move we close the Public Hearing. Zaremba: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. If there is no discussion, do I have a motion? Okay. Any further information needed? Zaremba: No. Madam Mayor, let's make an attempt at -- after considering all staff, applicant, and such public testimony as there was, I move to approve file numbers RZ 07-001 and PP 07-002 as presented in the staff report for the hearing date of March 27th, 2007, with no modification. De Weerd: Okay. I have a motion. Do I have a second? Meridian City Council • • March 27, 2007 Page 23 of 66 Rountree: I will second that and I have a question for the maker of the motion. Your motion indicating staff comments, that's an affirmative that there will be installation of pressurized irrigation? Zaremba: Yes. That was my intent, the requirement for pressurized imgation will stand. Rountree: Thank you. De Weerd: Okay. Any discussion? That motion is to approve Items 10 and 11 with no changes. Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: Clarification. With regard to the staff comments that -- there was questions from the Council regarding the elevations. I wasn't clear if they wanted a DA with the elevations or just as proposed. Rountree: As proposed. I guess. Canning: Thank you. De Weerd: I think, Anna, I guess in the past we have been asking that elevations be attached to the development agreement. Is that not what Council would desire? Oh, there isn't a development agreement. Bird: But it is part of the record. Rountree: It's part of the record. De Weerd: It would be desired that the elevations be attached to the Findings. Canning: Madam Mayor, Members of the Council, we have had this -- when there -- in the past when we had a lot of conditional use permits for projects and we tied the elevations to those conditional use permits, we had -- we had a mechanism. But we haven't figured out how to tie elevations to a plat yet and we are not allowed to tie elevation to a rezone. So, if the Council wants us -- wants those elevations or are Meridian City Council • • March 27, 2007 Page 24 of 66 concerned about that, then, we probably do need to have a development agreement just for that purpose. De Weerd: Okay. Council? Or, Mr. Nary, is that the direction we need to go, then, with the development agreement? Nary: Madam Mayor, Members of the Council, if the desire of this Council is to have the development agreement -- a development agreement as part of the conditions of approval for the annexation and tie those to that, we could -- you certainly have the ability to do that. In this particular incidence there is only six homes, so that -- it's your decision on whether you think that's vital in this case. What we have done in other ones -- so as Mrs. Canning says, we normally couldn't tie that to a plat, but, again, in an in-fill development of this type and of this size, it's totally within your discretion if you think you would like to have something like that. Might make sure the applicant's still here if that's what you want to do. De Weerd: They are standing outside. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I mean we just passed it on what was there. I don't have any problems with it. It's only six homes being built. De Weerd: Mrs. Johnson, I guess the discussion has been -- Council in the past we have usually tied the elevations to the project. Because this is a rezone and a plat, it's - - we can't do that without a development agreement. Johnson: Okay. De Weerd: So, the Council has been discussing whether a development agreement is needed to make sure that the elevations don't change. Oftentimes we get projects in front of us, they walk out the door and we think we have this certain looking project and, then, when we drive by six months later it looks different than what we thought we approved. So, they have been tying those as much as possible to the development that came in front of us. So, Council, what was the discussion there going on to my right? Rountree: Madam Mayor, I think Councilman Bird indicated that he was comfortable, because of the size of the subdivision, and I am as well, but I think that we have worked under the assumption for a number of months that this was happening and apparently it's not and I think our next agenda items will be a specific item that's precisely that where we assumed, based on previous testimony and possibly our assumptions are wrong. So, I guess just as a matter of possibly starting something consistent that in particular matter of design and lack of design review, but the design approval on the part of the Council, that we probably ought to be looking at some kind of a development Meridian City Council March 27, 2007 Page 25 of 66 agreement that speaks specifically to that element of all developments, so there isn't future confusion. So, I would say -- I don't think this is a biggy, but I would think that -- let's start -- let's go ahead and start it tonight and get consistent about what it is we do with design. Canning: Yes, sir. Rountree: If we need to get a brief development agreement specifically related to the design components of this particular project, hopefully we can get something like that that's canned and move it expeditiously. Canning: And Madam Mayor, Members of the Council, the reason I asked for the clarification is because this is -- this didn't have a DA and Ihave -- I'm very sensitive to the fact that you're concerned about the buildings that get built, especially the residential buildings. So, I pointed them out to you. So, don't fret too much that we have missed them, because I don't think we have and that's exactly why (questioned -- I asked for the clarification, because I wasn't sure that you were fully aware of that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe to follow up on that comment by Mrs. Canning, I don't think -- I guess I'm not going to say we are pertect, but I don't think between planning and my office if you have had projects presented in front of you and they have brought elevations and you have spent any moment talking about them, we have attached them to the DA. There is very few that we have brought forward in the last two years that I have been here that - of any size, larger than six lots, that don't have a DA attached to them. So, we may have missed one or two, because I'm just assuming we might have, but generally we have not. So, most of them do have elevations. This one happens to be small enough that I think that the planning staff felt that the in-fill type of nature of this development, they were comfortable that it wasn't as critical as some of the larger ones that we have dealt with. DeWeerd: Okay. Mrs. Johnson, we just didn't want to do anything while you were standing outside. Johnson: Well, I appreciate. I apologize, I didn't realize the discussion was continuing. De Weerd: No. We were done. Kind of. Rountree: Sort of. Bird: Sort of. Johnson: So, we aren't doing a DA; is that -- Meridian City Council March 27, 2007 Page 26 of 66 Canning: Correct. Johnson: Okay. Thank you. Item 12: Public Hearing: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: Item 13: Public Hearing: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: De Weerd: Okay. Items 12 and 13 are public hearings on AZ 06-059 and PP 06-059. I will open these two public hearings on Items 12 and 13 with staff comments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: May I interrupt for a moment just to comment. About a week after you graciously appointed me to this Council I had a very pleasant hour or so talking with Barbara Fulcher and her husband discussing this project, listened to their concerns, perhaps gave her some advice about how the process was going to work and how to get her concerns more widely noticed, and at the time I think I believed that the application had not been filed yet. I believe I learned later that it had actually been. My question, I guess, is should I sit here through this? I have no personal financial interest in this project one way or the other, but I wondered whether my opinion has been tainted. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess the first question, Councilmember Zaremba, is whether you think it's been tainted. Based on the nature of the conversation and what you just stated, the first person to answer whether there is a conflict is you. Secondarily, if you would like -- if you don't believe you have a conflict, the second -- the second step in that analysis is whether the rest of the Council agrees with that and whether they think it's a conflict. The case law in Idaho is not as crystal clear as I would like it to be as to what prior contacts and the nature of those, how significant those contacts are. The cases on point say what you have just done in revealing those prior contacts is sort of adequate, it just doesn't -- the case law doesn't give me enough comfort level to tell you that that's sufFcient. So, again, I think it's sort of your decision. If at the time when you had the conversation you were unaware that Meridian City Council March 27, 2007 Page 27 of 66 the matter had been filed and, then, technically, legally, that's not a conflict to have the discussion. The fact is you have revealed the nature of those contacts and that discussion is what the courts have said is required. But whether or not you think your advice and the nature of the discussion was such that you feel it may impact the appearance or whether or not your decision is based on the prior discussion and not just testimony you have heard today, only you can answer that. Zaremba: My opinion on that would be that while I listened sympathetically, Idid not make a decision, because I knew I had not heard both sides. Nary: So, if you don't think it's a conflict, unless the members of this body think that that's a conflict that they aren't comfortable with, you have the ability, Council members, to ask Councilmember Zaremba to recuse himself if you think that that is too close or too difficult a line to draw tonight. De Weerd: Council, any problems with Councilmember Zaremba? Bird: Madam Mayor, I don't. Rountree: Well, there might be, but not on that particular item. Zaremba: Thank you so much. De Weerd: Boy, I didn't ask that right, did I. Zaremba: I will stay, then. De Weerd: Okay. Thank you, Mr. Rountree. Okay. This is an open Public Hearing and I will ask for staff comments. Canning: Madam Mayor, Members of the Council, this is the Blackrock Castle Greens project. It's located on the west side of Eagle Road, approximately aquarter -- or, excuse me, a half mile south of Amity Road. Idid want -- it doesn't show up on our vicinity map. The annexation path is through this property. They have received approval for R-4 zoning and, then, it connects point to point to another R-4 zoned property on the north side of Amity Road. And, then, I also, while we are on the vicinity map, wanted to point out this is the existing Blackrock Subdivision approved in Ada County. It's part of the annexation request, but not part of the preliminary plat request. The applications before you tonight are annexation and zoning and preliminary plat approval. The annexation and zoning is for a mix of R-2, R-4 and R-8 zoning, totaling 224.26 acres. The R-2, which is the existing Blackrock Subdivision, is 45.93 acres or 20 percent. The R-4 zoning requested is 73 acres or about 33 percent and the R-8 zoning is for 105 acres or about 47 percent of the site. The preliminary -- in the R-4 zoning is going to be lighter shaded areas. The zone boundary comes down to the park, comes out to the park, and, then, follows the road again down to this road and, then, it pops out to that comer down here and wandering south down to the south Meridian City Council ~ • March 27, 2007 Page 28 of 66 property line. So, that's, basically, the boundary of the R-4 zoning. It is the lighter colored lots. And, then, this would be the R-8 zoning here on the east side of the property. And, then, the preliminary plat proposes 644 single family residential lots, 30 common lots, and one city park. You can see the city park. All of the homes within the development are proposed to be single family detached. The gross density of the project -- and this excludes the 44 lots previously developed. The density is 3.6 dwelling units per acre. Approximately 15.4 percent of the area being subdivided is set aside for open space. As I mentioned before, there are 44 single family home sites on the kind of southwest comer of the property that were previously approved. I'm sorry. On the Comprehensive Plan future land use map it does show a potential city park site shown on the property and they have provided that. They are proposing to construct an 8.7 acre city park and the applicant has worked with the parks commission regarding proposed park dedication and they have received a favorable recommendation from that commission. We have some elevations and I believe the applicant has additional ones. These are the four in the Signature series, four in the Legend series, and this is the rear elevation. The Planning and Zoning Commission recommended approval at the February 15th, 2007, hearing. Kent Brown and Don Hubble spoke in favor of the application. Scott Fulcher, Barbara Fulcher and Russ Fulcher spoke in opposition. No one commented. Key issues of the discussion by the Commission were the building materials and architecture of the proposed homes. There were no changes to staffs initial recommendation. Outstanding issues for City Council -- there still is opposition, as represented by the additional written testimony largely from the Fulchers and, then, although the Commission seemed on the verge of requiring elevations attached as part of the DA, they did not do that. So, the development agreement before you has not tied the applicant to any -- any of the provisions of the elevation shown on these pictures. The written testimony since the staff report is noted previously from Russ Fulcher. Also from Martin and Patricia Prubristia -- hope I got that right -- and Don Cantrill. And with that I will answer any questions that the Mayor or Council may have. De Weerd: Okay. Council, any questions for staff at this point? Bird: Not at this point. De Weerd: Okay. No? Canning: Madam Mayor, Members, there was a question from the audience during the presentation, the difference between the R-4 and the R-8. If it -- would it be -- would the Council like me to briefly address that issue? Thank you, Madam Mayor, Members of the Council. The R-4 zoning is an 8,000 square foot minimum and has a larger frontage requirement, I believe it's 50 feet of frontage on a public street. The R-8 allows for down to a 4,000 square foot home for an attached home -- these are proposed to be single family detached homes and so for those it would be a 5,000 square foot minimum lot size. That is the basic difference between the two zoning categories. De Weerd: Thank you, Anna. Meridian City Council • • March 27, 2007 Page 29 of 66 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Also in the difference isn't the width of the street part of the lot different in the 45 in the R-8 and -- Canning: Yes, sir. In the R-8 it's 40 for an attached unit and I think it's 50 for a detached and for the R-8 it's -- I mean for the R-4 it's 60. Bird: It's what? Canning: It's not 80 feet anymore, sir. Sony. Bird: I know that. De Weerd: Okay. Council, anything further? Is the applicant here? If you will, please, state your name and address. Brown: Good evening. Kent Brown, 1500 East Iron Eagle, Eagle, Idaho, is my business address. Thank you. De Weerd: Thank you. Brown: I think Anna covered most of the items. We do have six lots that will attach to the 44 that are already existing. Those are R-2 also. The R-2 boundary, basically, follows the greenbelt that we have at the toe of the hill with the multiple micropaths. To kind of give you an overview of this area, we sit at the toe of a predominant ridge that runs between here and Nampa. It gets to Amity Road and continues along the south side of the freeway that we are familiar with. In the Comprehensive Plan you asked for low density in this area and we have accommodated that in our lots. We also have a micropath along our southerly boundary. In this particular area the slope goes up rather quickly. We have put our stub street as what we felt as far to the west as we could. We also -- we also have another stub street that is a little further east. We have stubbed to this -- I think it's ten acres here that the McKays own in two locations south of the main entrance street that comes into the development. We have gone and received approval from the parks commission with this park site. We spoke to them earlier when we were doing the Comprehensive Plan modification for this area and proposed a park there. As we got closer to having a hearing with the -- with them, we went back to the school district and asked them if they wanted a school site on this property and would work out, you know, with the parks department for maybe a joint facility. They were not interested in a school site on this property. So, we continued forward with our design. We have a Meridian city water booster pump station that is located here for the area and, then, we have the shelter, the tot lot area, and, then, they call them court games. There was some interest, a desire to maybe have a tennis court, but at the same time they could put basketball hoops at each end and play basketball also. Put up some backstops in i ~ Meridian City Council March 27, 2007 Page 30 of 66 this location, plus the parking that we have here. Anna, if you could go back to the overall or -- we have an additional seven acres of open space that are in parks that are located in these three locations. The northwest one is almost three acres in size that's located here. I believe we have a basketball court that's located in this. The police department spoke that they would like it moved further away from the homes and we moved that a little closer to that inside comer of the street there. We have a tot lot that's located here in a 1.8 acre park. And, then, down in the bottom one we have a two acre park with a gazebo that's located in the northern end. We have the pathways, again, that's along the toe of the hill and along here. We believe we have good circulation for that. We have the Ten Mile Creek corridor. We have approached Scott Fulcher at the request of the planning department to see if we could maybe make that connection across his property. That didn't look likely and so we stubbed in a connection at this location and at this location, so that you can come down to Ten Mile Creek pathway and, then, back out and get onto Eagle Road. Tonight prior to the meeting a representative for the Fulchers contacted me and said that they would like to work with us. They -- Scott maybe would want to swap some -- some ground to make that pathway work. We have at least 20 feet here at the south and we could maybe move things around to accommodate that, but we are not unopposed to working with them to try to make that connection straight. In speaking with their representative -- and they are going to speak -- they are looking at a commercial type of use and we are interested in the street stub being stubbed across the Ten Mile feeder in that location. We could -- they would still like access to public services, utilities, water, sewer, so-forth. We could accommodate that and maybe swap that out with amicro-path, if that's your pleasure. We tried to create with this park the ability to enter that park and really make that neighborhood park function the way that your Comp Plan calls out that neighborhood parks are supposed to, being able to work to it from different directions. We believe that we have a good plan that we have tried to have less density that is further in and, then, higher density closer to the potential that Eagle Road will be in the future with having higher speeds of traffic on Eagle Road. We have 15 acres of park space that is strictly just park space. The seven and a -- or the 8.7 acre city park and, then, the miscellaneous other three parks that add up to another seven acres. Seventy-eight percent of these lots back up to an open space or share a side to open space. The way that I counted those that they might have a landscape buffer that's in the back or a landscape pathway that is in their backyard or a micro-path that's along them or they are across the street from a park. So, one of the three neighbors that each home would have 78 percent of the people that are in this neighborhood have open space as one of those neighbors. We believe that we have done a good job. We have tried to address all the issues as they have arisen. We have put these landscape bubbles in to address the concern of the police department that those might have on those. But, for the most part, the two residential collectors that we have running through the project are going to handle that traffic. This residential collector here, if someone lives in this area, doesn't have to drive past very many homes and doesn't impact very many people to get back into the development. And we believe that our collector system does that, that it facilitates that, that people can move freely without burdening the streets that would have a lot of people driving by them. I would like to speak to one item. We have been working with the ditch company. The Beasley Lateral currently comes at this location • Meridian City Council March 27, 2007 Page 31 of 66 and comes at an angle and, then, goes north in this location. They don't want any trees or shrubs. They don't mind if it's grass. So, along our northerly entrance there where we have landscaping, if we put the Beasley Lateral in that location, we wouldn't be able to put trees. We would like to leave it open. I know that that creates a problem, but we think that at least looking at the water in the ditch would be some kind of amenity versus just the grass. I apologize to staff, because I didn't really think about that until we have been trying to address some of these issues with the ditch company as the water is coming into the ditches. That was one of the items that came up recently and we tried to approach them about eliminating the need for the Beasley Lateral. There is a handful of water users. If we were able to do that, then, it becomes a users ditch and, then, we could reduce the easement that's needed and still provide the piping and so forth. But that doesn't look like that that's going to come to fruition and so you might think about that. That was one of the things that at least we would want that to look nice and make it look like a stream. I know that the concern has to do with child safety and that would be a concern of ours also. But we think that we can make it child safe in that area and leave that portion open. I will stand for any questions that you might have at this time. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kent, we -- on the exterior of the subdivisions we try to get larger lots. Is there any way that we could trade those R-8s up there on the north -- north and east comer to at least R-4s, make those R-8s in somewhere else? Brown: You're talking about in this location? Bird: Yeah. Along there. And Iknow -- I know you don't have anything there right now, but I'm sure before long we will have, but -- Rountree: There is R-4 adjacent to it. Bird: Uh? Rountree: There is R-4 adjacent to it. Bird: Yeah. So, I -- is there anyway that you guys would be acceptable to doing that and putting -- say you got to stay with R-8s, you need that kind of R-8s to pencil out, put it inside somewhere. I just like to have larger lots on the exterior of the subdivisions like that. Brown: Are you talking along the ditch also? Bird: All your boundary there. You have got R-4s on the -- i r Meridian City Council March 27, 2007 Page 32 of 66 Brown: We have got R-4s up to -- Bird: Right there. Brown: -- right here. Bird: And, then, you got your R-2 and R-4s down there. Brown: And this is where the R-4 zoning is to the north of us. Bird: Yeah. And, then, you go R-8 on -- Brown: And, then, we have R-8 that is in this location. Bird: Is there any way we could flip those for R-4s? Brown: We are here to tonight to be approved and if we need to do something like that and move some of those things around, I think that we have gone forward multiple times, made multiple changes. When we first did this Comprehensive Plan we had a layout that was used as a part of coming up that there was a park space and where do we transition. Upon staffs recommendation and, then, upon your approval of that Comprehensive Plan, we ended up losing 20 lots in this area to accommodate the movement of that line, that -- because it did move further into our project and I guess we can accommodate that one way or another, but -- Bird: Is it doable, Kent, is what I'm asking. And I don't know what you're going to back up to there on the southeast comer and the south in there, I don't know what you back up to there, but Ijust - I just feel that if we can get the larger lots on the exterior, then, subdivision can deal with the small lots inside. And, then, that way we are more accommodating to our neighbors -- neighboring subdivisions and stuff. So, if you could work it out -- I mean I'd certainly appreciate it. And we have been asking for people to back up to at least match or come close to matching the same size lots. Brown: I guess that would be the only one area that I could think of where we haven't fully tried to buffer our neighbors. I mean we have, basically, one lot against these neighbors here, because we have that open space or that common area micro path that's there. We have that same provision here. Nampa-Meridian's requirement for that area, the closest that any house could be to you is 100 feet with -- that is along that Ten Mile Drain. Bird: I don't know. I just prefer the larger lots on the exterior and your higher density inside, but -- Brown: We definitely can look at that. Meridian City Council March 27, 2007 Page 33 of 66 Bird: Okay. Thank you. De Weerd: Kent, what is your phase plan? Phasing. Brown: Phase one includes the entrance here, comes over to the park, and, basically, runs up in this location and these lots here with the entire park. I have the facts and figures for the cost of the park if you're interested. I'm looking at those numbers. We did provide those to the parks commission. We have a million and a half dollar donation to the city with approvement of that park. I think -- and the city's contribution, 270,000 to our million and a half to have a fully improved park. De Weerd: And I guess the police department usually requires -- or fire department usually requires a secondary access at a certain point. When -- where is that secondary access? I see one. Brown: We will work with them on that. We have very little frontage here. We have to bring the sewer from the north to the south. We have worked on those before and we have worked with Joe Silva to work those out. I know that they have a distance and all of those things. Currently along our southerly boundary there is a road here that's being used as a construction road. So, there is a number of I guess you could say opportunities for us to look at that secondary access, the conditions in place. We understand the condition and we understand we have to work with that as we bring in the different phases. De Weerd: You have very little frontage on Eagle Road. How are you working with the highway district? That's a huge subdivision and the roads in south Meridian have no place holder on the side of your plan, so I guess my concern is with the development that is already developed in that area, what is the plan and all the trips that you will be putting onto these roads and how will you participate in any road improvements? Brown: And you already understand how roads get built and how that funding mechanism works. We are -- De Weerd: And I recognize something needs to be done differently. Brown: I understand that. We are -- and before the full build out of this, we would be required to build a stop light at the intersection. We are somewhat limited because of this ridge that runs through this area as to how you can multiply connect and we have many connections. I think we -- overall we have nine connections. As the sewer goes out into an area, then, there is -- there is other connections that will come as other development takes place. When the highway district looked at our numbers, they spent an extra week -- two weeks and had additional traffic counts ran and, then, they took all of the projects that they had approved and you had approved that were between us and the interstate and took those numbers into consideration and we are still in that favorable area of approval for this area. Meridian City Council March 27, 2007 Page 34 of 66 De Weerd: Really? Brown: Yes, ma'am. De Weerd: Wow. Any other questions from Council? Bird: I have none. De Weerd: Okay. Thank you, Kent. Okay. This is a Public Hearing. I do have a couple of people who have signed up to perhaps testify or indicate support or opposition. First I have Carol Jarvis, if you would like to provide testimony. If you will, please, state your name and address. Jarvis: Carol Jarvis. 1875 Suzanne Drive in Meridian. De Weerd: Carol, you can pull that microphone down a little bit. Thank you. Jarvis: I don't know what the requirements are as to notification, but we were never notified by the county that they were -- that all the other people you mentioned that had already made statements, was through the county hearing? De Weerd: No. That would have been through our Planning and Zoning hearing of the city. Jarvis: Oh. De Weerd: This doesn't go through the county. This -- Jarvis: When was that? De Weerd: Can you tell us when the -- Jarvis: I came to the first one. De Weerd: -- Planning and Zoning meeting was? Zaremba: They heard this on February 15th. February 15th, 2007. De Weerd: And, typically, the notification is anyone that is within 300 feet of -- Jarvis: My property is right up against this site right here at the top. It's right in that area that she's showing now. And we didn't -- we got the one hearing here that was canceled and put forth to a later date. De Weerd: I don't know why you wouldn't have gotten the first one, but we will apologize for that. • Meridian City Council March 27, 2007 Page 35 of 66 Jarvis: I guess my one question -- and some of the questions I have already been answered by what he was saying now, but felt like it's kind of leap frogging out here to put in -- to put in -- the other part of this subdivision is all one acres, the part that's already been done just at this comer part is there and so it was kind of a shock to find out that they are putting in 640 lots or something out there in the middle of a mile, which has nothing less than maybe one or two houses snuck in and are on smaller than an acre, but everything else is pretty much multiple acre property. And also as you were saying, the roads are -- particularly Eagle Road is really -- a mess now coming and -- I mean like at work time. I assume from what was said that they will be doing it in pieces. I mean this has been -you know, they are not going to try to go in and put all those lots in atone time. But I mean can I -- over what kind of period of time is the -- do they have in mind to do this, instead of -- De Weerd: You can ask your questions and, then, we will ask the applicant at the end - Jarvis: Okay. De Weerd: -- to get up and -- Jarvis: That was -- you know, like that was one thing I was wondering about, too. I had a question about why they wouldn't be putting in a school and I still wonder about the school district allowing this big of -- it sounds like probably six to 1,200 children eventually in that big of subdivision. I think, like I say, he just answered several questions that I had. Now what -- is there going to -- there will be a road that goes to Amity; is that right? Or not? De Weerd: They do have connections -- stub streets that would stub in that direction that would be carried by other development. Jarvis: Okay. So, that wouldn't happen until they -- De Weerd: That's correct. Jarvis: Okay. I guess that -- like I say, several things I was wondering about were already answered, so - I'm kind of appalled at those really small lots being put in there, but I guess there is not much that I can do about it. When you subdivide you subdivide, so -- we had, you know, always thought probably they would, you know, be -- I guess we thought they would divide -- I mean the subdividing has come south so fast, it's, you know, like two and a half, three years that it was two miles -- De Weerd: Yes. Growth has come to the valley. That's true. Thank you for your testimony. Jarvis: Thank you. Meridian City Council March 27, 2007 Page 36 of 66 De Weerd: Okay. We have Penelope Riley. I believe she's with the applicant? No? Well, when I see Treasure Valley Engineers, I just assume. Signed for. Riley: I'm Penelope Riley. I'm with Treasure Valley Engineers, 1204 6th Street North, Nampa, Idaho, and I'm here to represent the Fulchers. De Weerd: Thank you. Riley: Who live in the northeast comer of the site. support for the proposed subdivision this evening. couple of items we would like to have assurances shows a stub street called -- I don't like getting old. South Marble and that stub street, which is a sp access to Mr. and Mrs. Gale Fulcher's residential Ic Kent discussed, that provides -- De Weerd: Ms. Riley, you want to use the pointer? We have come tonight to lend our Later on in my testimony there is a about. First of all, the current plat I have to take my glasses off to see. lit entry up in the comer, provides ~t. There is a second stub street, as Riley: Sure. Where is that? There is it. No. That's a pen. Okay. That requires glasses. De Weerd: We'll have you juggling. Riley: There you go. The thing I want to point out right here and that will connect the development site to the elder Fulcher's residents. This stub street right here is the one that will connect access -- public road access to Mr. Scott Fulcher's site and that street is called South Slate. I do want to point out that this development is going to have a substantial affect on the Fulchers and their residence and I'm here to help them navigate this process and maybe make sure that they have some protections in the end as we are done. The Fulchers do require assurances that sewer and water will be stubbed to the parcel boundary -- to the outward boundary of the site or as close as possible for both Scott Fulcher and Mr. and Mrs. Gale Fulcher's site and that would -- a good location would be where those stub streets already connect. Scott does support the South Slate stub street. With regard to South Marble, we would like to have the opportunity to discuss that a little further with the application. We still have some questions about potential uses of the Fulcher site and we are not quite ready to make a decision. If that would be amenable to the Council, we'd appreciate having that flexibility to work with Kent and his client regarding that. They shifted the R-8 lots away from the northwest comer of the site and put them further into the site, would make those that I represent very happy. They'd like to see that change occur if it's at all possible. The pathway along Ten Mile -- and, of course, Kent has already referenced that. Scott will work with the applicant to shift his parcel -- his one and a half acre parcel a little bit to the south, so that there is big continuity and connectivity for that path that stays along the creek and moves straight over to South Eagle Road. And, again, we'd like the opportunity to work with the applicant on that. Just for future references, the Meridian City Council March 27, 2007 Page 37 of 66 Fulchers are looking at the possibility of an attractively designed self-storage facility to be located in that parcel. It is sitting on top of a substantial swath of flood plane and it is small compared to the development that's occumng next door to it. So, we hope that Providence Development will support us in our development plans in the future. I would be happy to answer any questions you have. De Weerd: Council, questions? Bird: I have none. Rountree: I have none. Zaremba: I just -- because of the concems that Barbara Fulcher expressed to me, I just wanted to make sure that she's in agreement that things are being worked out and -- Riley: I believe so. I have had her concurrence. Zaremba: -- can support the future of what's happening here. Riley: Yes, sir. That is correct. Zaremba: Thank you. Riley: Thank you. De Weerd: Tim Taylor signed up for. Taylor: Hi, Madam Mayor and Members of the Council. My name is Tim Taylor. I live at 1488 East Blue Tick here in Meridian. De Weerd: Thank you. Taylor: Usually I'm on the other side of the fence as a developer, but I am purchasing one of the larger lots up there in the already approved section and I'm here to show support for this development, but also to -- I guess make sure that the quality that we see here on paper carries through and a good quality community is maintained. And I'm sure some of these people can address some of my concems. Today I spent a few minutes driving through some of the Hubble subdivisions in the area, both in Boise, Meridian, and Kuna and the -- we have all seen the billboards for Hubble and they are selling the monthly payment. And it seems that frequently people are spending their last penny to get into these homes and -- and are just able to make the monthly payments and so if some things aren't accomplished up front, then, they are never accomplished and there is some deterioration in the subdivision after many months. The first seems to be that -- well, I feel that I would like a commitment from the developer that the front landscaping is included in the price of the home or is paid for before they close on the home. Second is that the homes have some eaves clear Meridian City Council • • March 27, 2007 Page 38 of 66 around the house. I would also like to see some at least the wing fences put up. Wing fence meaning that fence -- part of the fence that goes from the house to the side boundaries of the lot. And I think it would certainly help if there was some stone or brick on the front facade of the house. I realize that Hubble fills a very important need to provide a substantial amount of space for a very reasonable price, but I think these things can be worked in for another 15, 25 dollars a month on that monthly payment and insure that the community is looking good for years to come. I do like those -- De Weerd: Sir, if you will, please, summarize. Taylor: That's my summary. I think if those four things are committed to by the developer, then, they will have a good community for years to come. Thanks. De Weerd: Thank you. I have Tom Sylvester signed up for. And Don Cantrill. Cantrill: Madam Mayor, Council Members, my name is Don Cantrill. I live at 3000 East Lake Hazel, Meridian. 83642. De Weerd: Thank you. Cantrill: My property is adjacent to the Blackrock on the south side down. Berg: Sorry. De Weerd: Really, your time isn't up yet. Cantrill: Anyway, right down here. I have got the 30 acres down here and over here we have got the Diamond Ridge Estates, which I have two lots there as well. Then, there is 6155 South Eagle I also own that, too. I would like to see the change of R-8 to R-4 on the south side of Blackrock. Same as they have done on their one acre lots up on the top on the west side down over here. I had the intentions of purchasing the property to develop into one acre lots. I would like to see perhaps a berm and trees over here once -- when I purchased the property there was a 15 year moratorium in '96. There is another four years on that moratorium, which, in return, the intentions is to build on this 30 acres of one acre lots and yet I have got these 800 square foot houses here. I believe I wasn't notified on the second meeting, but I was notified on the original. I didn't know anything was -- one prior to this one. But, any who, we are requesting that these be switched to R-4 and perhaps, once again, a berm and trees to divide our development from their development. As the last speaker had stated, I, too, have been to many of the Hubble homes and watched a few of the children two weeks ago out there digging up their trees. Obviously, there was a day off of school. Not to say that we are going to have the same issues here, but the fact is is that I'd like to protect our investment from their investment. That's all I have to say. De Weerd: Thank you, Mr. Cantrill. Any questions from Council? Meridian City Council • • March 27, 2007 Page 39 of 66 Rountree: I have none. Thank you. De Weerd: Thank you. Those are the names that have signed up to testify. Is there anyone who would like to provide testimony at this time? Okay. Would the applicant like to conclude? Okay. Please state your name and address. Hamel: Chad Hamel. 701 South Allen Street, Meridian. I am here tonight on behalf of Hubble Homes. Do you have the full Powerpoint? I'd like to just address some of the architectural questions that were brought up. We realize that there is some concem in the community regarding our product and what we are planning on building out there. I would like to tell you that we are building the same product that we are currently building in Sawtooth that got approved in front of you people last year and -- De Weerd: Where? Hamel: April of last year, I believe. Rountree: Sawtooth. De Weerd: No. I mean -- Hamel: Sawtooth at the intersection of Meridian and McMillan. We haven't started it yet. De Weerd: Okay. Hamel: It is similar to what we building currently at Razzberry Crossing. And it is the -- it is -- can you go down to these pictures right down here? We are planning on building two series of homes, our Legend series and Signature series. And with these two series of houses off we will be offering a total of 13 different floor plans that will range from 1,400 square feet up to 4,400 square feet. Each floor plan will have four different exterior elevations available. Our base elevation, which we are building in Sawtooth and Razzberry is called our Traditional elevation, which is -- you can see in this depiction right here. We realize the concem regarding architecture and we have made a concerted effort to bring some more curb appeal to our neighborhoods by sprucing up and modifying our exteriors. De Weerd: It's not moving. Hamel: These -- is there any way we can go down to the actual photos? Canning: Madam Mayor, Members of the Council, we have confused the computer. Hold on one moment. Bird: I thought I was the only one that could do that. • • Meridian City Council March 27, 2007 Page 40 of 66 Hamel: We would be willing to submit elevations per a developer's agreement and I have brought along some language that we have worked with the city of Nampa regarding architecture and would be more than willing and happy to submit that as part of the developer's agreement as well. It does address eaves and siding and some of these different architectural concerns that people may have. De Weerd: Now, do your elevations -- do your fronts have accents on them? Hamel: Yes. Accents? De Weerd: Like architectural rock or brick or variation of -- Hamel: Yes. De Weerd: -- your siding. Hamel: Yes, we do have that. De Weerd: Just not on that one. Hamel: Not on this slide that we can't get past. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Mr. Hamel, do you have any problem with taking -- making your exterior lots throughout R-4s? And is there a chance you could make them say like 100 wide and 80 deep or 80 wide and 100 deep? Hamel: I think we would be willing to explore that option. If we want to extend R-4 all the way around? Bird: I think -- I think it would be -- I think it would be nice for your neighbors, to be truthful. And it's not something that we have just come up with. Hamel: Sure. Bird: Mr. Rountree and I have sat on the Council for a lot of years and we have always tried to make sure the exterior ones were larger lots and -- Hamel: We feel the development could sustain that if we could gain some of the density back in the interior. Bird: That -- in my opinion that's where it should be. • Meridian City Council March 27, 2007 Page 41 of 66 Hamel: And we have no problem with that. Bird: If I come in there and buy on an R-4 and I know that there is going to be a lot of R-8 -- Hamel: Within the community. Bird: -- little lots there beside me, then, that's fine. That's me. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Councilman Bird has been leading the charge, so I haven't said anything, but I agree with him. Hamel: We do have some photos of the product we have been building at Razzbeny Crossing and I don't know how many of you can see that right there, but it is a pretty attractive product we feel. De Weerd: Do we have it in our packets? Bird: Is this like the ones you're putting out on the McCurdy old place there off of -- Hamel: At Charter Point? Bird: On Maple Grove and -- Hamel: Yes. Similar. Bird: I think, if I remember right, you have brick or something on it, don't you? Hamel: Yes, we do. Oh, thank you. There it is. Canning: It took awhile, but Madam Mayor, Members of the Council, we have their presentation up. I'm sorry. Hamel: If you could go to -- and here is a layout -- a description of what we are offering out there. Our Legend series is the 1,400 to 3,500 square foot product. We will be offering eight different floor plans and each floor plan will have four different exterior elevation options available to it. The first will be the Traditional -- is what we call our Traditional elevation and, then, from there the buyer can upgrade to whatever look they want. The Signature is a little bigger series we do, 3,200 to 4,400 square feet. But, once again, we will have four different exterior elevations optional. This kind of talks about what I was mentioning earlier with the additional ten percent brick accents, 30 hard board, some stone and a third car garage. Lots of combinations available and we Meridian City Council ~ • March 27, 2007 Page 42 of 66 really have made an effort to address people's concerns regarding the product itself. And here is our base elevation -- elevation A is what we call it. Traditional. B has two tone stucco, some different eaves placing, gabled -- the two gables. And, once again, here different combination of siding and a different look and, then, stucco and siding as well. And this will -- we will have this available for every floor plan we have out there. De Weerd: In your elevation A and B on the -- what is your accent on there? Hamel: Shutters. And this will be a two tone stucco. I'm not sure Iguess -- I'm not sure I understand the accent question fully. De Weerd: Well, usually it's not really the window dressings, it's more of the rock or brick or -- I don't know of any of the terminology, but it's a different face. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Most of the time if they put -- if they put stucco up they don't put brick. You know, there is a lot of houses -- De Weerd: You put rock. Bird: -- that -- De Weerd: Okay. I put rock. Stanley: I'm Suzanne Stanley and I'm also with Hubble Homes at 701 South Allen Street. And I just wanted to address the issue of the brick or stone accents that's available. We have a standard elevation package for all of our products and you will see that there is four different elevation choices and so with every one of those choices a buyer can choose if they want to have a brick accent on the front, so it would go like a wainscoting on the front of the elevation, with either brick or stone. So, it's a buyer choice that they can add that accent with their elevation if that's something that they want to do. It's available on all of the plans. So, I just wanted to clarify that. We don't have that drawn, but it is an option for the buyers. Zaremba: If I'm understanding you correctly, one of the options is not to do it; correct? Stanley: Yes. Zaremba: So, theoretically, there could be no homes with the accent. Stanley: The package could have accents on every single one of them, though. It's a buyer choice. • Meridian City Council March 27, 2007 Page 43 of 66 Zaremba: If the buyer chooses to. Stanley: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What you're telling me, then, is your custom building every house. You're custom building every house. You're not building them until you sell? Stanley: Every one of our homes it's -- I like to call it -- it's like a subway sandwich line where our buyers get to choose -- we put the package together and they can enhance that. So, they if would like to add stone or brick, they can go in and customize their home, yes. So, it is a buyer choice and it is something that buyers pick up -- Bird: You don't build a home spec? Stanley: That's not our business model, no. Bird: Okay. Stanley: So, that's all I wanted to clarify is it is a buyer choice and it is available. We have a lot communities where a lot of buyers to choose that. So, it is an option in all of our communities. De Weerd: I guess the question -- and one of the people that testified said can you make it a requirement that you have at least a minimum of ten percent of some type of an accent. Stanley: And that would be something that Chad would need to -- could address for you. But the way that the package is structured now I just wanted to clarify that. It would be basically concession for this community, so -- De Weerd: Thank you. Hamel: Madam Mayor, Members of the Council, we have not discussed that internally as far as making that a requirement for our Traditional elevation requiring ten percent stone or something to that effect. De Weerd: But would you consider it? Hamel: I think we would. I can't say that -- for sure that we would do that. Unfortunately, Don isn't here right now, so I don't want to speak for him, but -- so, if we just kind of run through here to the next -- this, once again, is our 4,400 square foot plan. And, then, the last -- and next slide. And this is what we are building right now • Meridian City Council March 27, 2007 Page 44 of 66 out at Razzberry Crossing. And this -- these are our new plans with the Traditional elevation out at Charter Point. And our new product. And I'd like to end by -- that's fine. You know, I'd like to end by sharing with you our mission statement is to build quality homes and neighborhoods which exceed the expectation of home buyers by providing more space for less money. And, then again, with the more personal choices in an overall enjoyable home building experience. I think we have been very successful at doing that and we have built a quality product that -- that is definitely not a detriment to Meridian at all and we look forward to building in this community and being civic partners and, you know, building a quality park and neighborhood and building a neighborhood that people can be proud of. So, I'd like to answer any other questions, if there are any at this time. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We are considering -- what are considering as accent? Rock, brick, and stucco? Hamel: Yes. Bird: And ten percent of the front you can't commit to in one of those accents? Canning: Councilmember Bird, we are having a hard time hearing you tonight. Bird: Gee, that's a first time. I'm sorry. I was just asking if they -- if they would have any problems with ten percent of the -- either brick, stone, or stucco required in their -- in their phase -- front elevation. Hamel: Like I said before, that's something we are willing to consider. That does add a significant -- I would think -- it does add price to the home. Is that something typical that is required in the City of Meridian? I don't recall seeing that anywhere. De Weerd: We have. Hamel: For accents on the front of houses? De Weerd: Uh-huh. Hamel: Okay. De Weerd: You know, Iguess -- and maybe I will save it for Kent. Sony. Any other questions, Council? Bird: That's all I've got. No. I have got a couple for Mr. Brown. Meridian City Council March 27, 2007 Page 45 of 66 Zaremba: I would just comment on the last if I may, Madam Mayor, that -- that it has not always been a necessity to require it, because quite often it's been offered by the developer that there would be accents. I guess to forward the discussion, my feeling is that I'm comfortable with the purchaser of the home choosing whether it's rock or stone or some other accent. I'm not comfortable with no as a choice. De Weerd: Okay. Thank you. Kent. If you will restate your name for the record. Brown: For the record, Kent Brown, 1500 East Iron Eagle. De Weerd: Thank you. Brown: Eagle, Idaho. We will start with Mrs. Jarvis and she spoke about the school -- again, Iwill just restate for the record we did approach the school district about looking -- if they were serious in wanting a school site in this location and they told us they were not. To help you understand, they have one in Tuscany -- actually, it's Messina Hills Subdivision. There is one located there. They also have a middle school site that is at Amity and Eagle Road that there is a three acre site. And I think we need to pat the Meridian School District on the back in the fact that the Meridian School District is looking at the cost of land, about making their schools smaller, making the footprint small and going up with some of those facilities. They said that they could probably put the middle school site that traditionally has been required on a 20 plus acre site, they can put that on a seven, which I thought was amazing. And that's some of the things that they spoke to us about. She asked about build out. We are anticipating a seven year, approximately, build out, building the first phase sometime in '08 for it to be in. If we can work out sewer and other issues that would be related to that. So, a build out in 2014. Tim spoke to the eaves. The fencing and the front lawn landscaping -- as I understand those are things that are required after occupancy on the front landscaping; is that correct? So, we could commit to that that we will have at closing the front landscaping done. That -- I mean we have been approaching that so many days after they move in, I think we have to have some leeway and I'm sure that we would put that in there weather, depending on the time of year when some of those landscaping things are done and that's -- that's a typical type of a deal. Mr. Cantrill spoke to the trees and berm. We have the berm existing -- or, actually, the landscaping and the trees along the southerly boundary. I think one of the things that we never really pointed out is that the smallest lots in this area are 12,000, the largest ones are 18,000 square foot lots. I don't see us being opposed to making these changes. What we did is -- typically what we do, we follow that comp plan line that is an arbitrary line that was kind of drawn and was agreed upon by the Council. We initially had had that line somewhere over in here and as a part of doing the Comprehensive Plan it got asked to be moved back into this area, so we moved that over. Obviously, these are R-4 lots that are right here. If we need to change those or the ones on the boundary, we can resubmit a revised legal and we can modify those lots. The shallowest depth that we have in lots in here is 105 feet. We are not going to what I would say typical development is, it will only go to 100 that we see a lot of in neighborhoods. So, if we were to look at some locations like that, I • Meridian City Council March 27, 2007 Page 46 of 66 think that we could manipulate that line and work with your staff, still keep the same number of lots. That would be our goal, but give you the perimeter that you're looking for for them to be R-4s. Bird: Madam Mayor? Brown: I think -- Bird: Go ahead. Brown: And I don't know if I was real clear when I talked about it. When we moved that line the first time we dropped 40 lots as a part of making that change and, you know, I think that the plan is good and I think that we have done a good job. I don't think that you normally see this amount of open space. Instead of putting that open space -- or putting that area into lots, you know, we have 15 acres of park space -- sorry, Will. Fifteen acres of park space and we have got 27 acres of open space that is in this development. We have made a conscious effort to really make awell-connected neighborhood that provides those amenities and not everybody wants to mow lawn and pull weeds and -- but I can understand your concern and if moving those lots and massaging that would make you happy, we can do that. I think -- De Weerd: Do you want to summarize? Brown: I can sure do that. We are here to be approved and that's the bottom line, I guess. I think that some of those things that they talked about and we can look into -- we can look into that with a development agreement as we are going forward. I think we have made a good faith effort in trying to move this forward and I'll stand for questions. De Weerd: Thank you. Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your build-out timing? And I know it's speculation, but -- Brown: That was the seven years. I'm sorry if that wasn't really clear when I first started. Mrs. Jarvis had asked that question. 2014. Roughly seven years. I apologize. Bird: Madam Mayor? Kent, do you have any problem in our development agreement or whatever -- De Weerd: Don't mumble, Mr. Bird. • Meridian City Council March 27, 2007 Page 47 of 66 Bird: Do you have any problem if we was to have a stipulation that 90 percent of the lots would be on the exterior -- would be R-4 lots, which you have got about 30 percent of them now, either R-4 or R-2s, and having say like -- you say all your lots are 105? Brown: Yes, sir. Bird: So, if we went about 75 by 105, we would have our 8,000 square feet? Do you have any problem with that? Brown: And along those lines I guess as a part of your Comp Plan when you adopted that, this McKay property here, for example, is on our external boundary. I have spoke with the McKays and have actually tried to do a layout on their property. Making our lots bigger on all of our neighbors really -- that's one that would be really different. I mean they have looked at some attached housing to try to get the density numbers in there. The width that they chose to keep is kind of difficult. Again, as I said, we are here to be approved, but that would be one location where I wouldn't make that change. I have done a layout for Scott Fulcher's property. He asked us to look at purchasing that from him. Basically, if you put a knuckle on that outside 90 degree bend you can get four pie-shaped lots that fit there and still allow the micro-path or the greenbelt to go along the northerly boundary and, then, landscape buffer along Eagle Road. It gives them internal access. If we make those lots smaller in that location, that would make it difficult for four to happen in that area also. But along the northerly boundary and the southerly boundary, if that's the 90 percent, I think we are very supportive of doing that. Bird: I could say you basically already got at least 30 percent of already R-4s and R-2s, so you're only asking for six -- Brown: That is correct. Bird: And I -- you know, if they back up to something, but Ijust -- I feel more comfortable with it. At least R-4s. Brown: Councilman Bird, I don't know if you remember, but when we first started addressing this Comp Plan in this area, we looked at that in here next to the ridge that when you're going to have view lots, for example, that there needed to be a transition to a lower density. I think that that is why the line initially got kind of moved and that there would be a distance coming down the hill, instead of at the bottom of the hill, but, obviously, we can do that along our northern and southern boundaries. De Vlfeerd: Any other questions, Council? Zaremba: Madam Mayor, I was just going to comment that as Councilman Bird is asking, one of the other things that's allowed in the Comprehensive Plan is transition lots they call it, even though an area may be intended to be zoned medium density or lower density or something, that the exception for the perimeter lots to make them transitional the larger neighboring lots, is legitimate within the Comprehensive Plan as Meridian Ci4y Council March 27, 2007 Page 48 of 66 well. So, I support the questions that Councilman Bird has been asking. I guess just to run a couple of things by again, though, just either a clarification or a confirmation of that. It would be workable that -- for us to specify that all elevations have at least ten percent of some kind of treatment left up to the buyer and left up to the buyer whether they want to go to 20 or 30 percent, but the minimum is ten. And clarify, again, for me the timing of the front landscaping. I didn't quite catch that. De Weerd: Was it by closing? Front landscaping would be -- Brown: I took that from Mr. Taylor's comments that he asked to take place at closing and I mean what -- what can you do with the tool man, you got to kind of go along with him, so -- Zaremba: Just for my part, those are all things that I would support. Brown: You can only do that to high school classmates, though. De Weerd: I guess while you're standing here, I would like to ask a couple of questions of our staff. And that would be for Chief Anderson. We have one -- one egress-ingress to Eagle Road and the build out is seven years and that's an assumption that let's say nothing else connects to them. They can't build 644 houses without another outlet, can they? Anderson: No. That was one of the things I was addressing with the planning director here and my concern is -- I haven't seen - I guess maybe Kent could explain to us where they are going to get that secondary access from, because they don't own the property currently that borders Amity Road and they don't have enough frontage on Eagle Road there and so our requirement is they could only build up to 50 houses and if they try to build 51, then, we wouldn't allow to that happen. We wouldn't issue anymore building permits until they had a secondary access road. But that can be a temporary access road, but I don't know where that's going to come from. He hasn't adequately explained that I guess forme yet. De Weerd: So, now the question would be directed to you, Mr. Brown. Brown: For us to get the sewer we have to provide the sewer department with a road over the top of the sewer to get to the site. So, we would have to come from Amity Road where the sewer is located at and come south. That is one of the possibilities. The other one is getting an easement with McKays to come here at the south and, then, make another connection in. The fire department has formulas, I would call them, the distance from where they -- the one entrance is to where another one would be. So, basically, those are the two initial ones that we have gone over in our mind as to where we would have -- De Weerd: But you would be going into that knowing that there is that restriction. Meridian City Council March 27, 2007 Page 49 of 66 Brown: We definitely understand the existing condition of approval that is proposed of the 50 lots and what we have to do to accomplish that, yes. De Weerd: Kent, I do have a question for ACRD. Brown: Did I answer both of yours? You have to remind me. De Weerd: Yes. So far. Zaremba: I think so. De Weerd: If you will restate your name for the record. Richardson: Christy Richardson with Ada County Highway District. De Weerd: Thank you. I guess my question to ACHD -- and it's something that your commissioners have discussed on -- not just in regard to adequate public facilities, but in regard to road capacities and looking at phasing of developments as well. You know, it's always kind of that first one in doesn't get all the requirements, last one in gets them piled on them, and they have been talking about evening the playing field on that. Has ACHD looked at that in terms of this? I mean this is 644 houses. The build out plan is over seven years period and there is not a road improvement out there on the five year plan. So, can you tell me maybe what ACHD's perspective is of this type of -- these numbers? Richardson: Sure. Madam President, Members of the Council, first of all, the Commission did hear this on January 24th and deferred action and requested further information from staff until they actually took an action on February 7th to address those concerns and while the answers aren't necessarily there -- I mean it's, obviously, a first step and you asked what they are thinking and how they are moving forward. In this particular -- with this subdivision the commission asked for updated traffic counts and, then, they asked for staff to go through and look at the subdivisions that have been approved by the city and county, maybe not built out or maybe not even final platted, just approved lots, even those not built on -- 15 new traffic counts added, the un-built traffic to those counts, and as Kent stated in his testimony, for the difficult segments of Eagle Road from Lake Hazel to Amity with that -- taking that closer look at it, with existing traffic plus approved development of that segment is still better than C. Amity to Victory, that segment does go to level of service E. And, then, the segment south of Overland is also better than C. So, we are not -- I realize they are two lane roads, but the capacity which we use through the Compass model and the five year work program with CIP all deal with those levels of service and level of service C and D are very acceptable. Additionally, then, I might add that the traffic study actually forecasts a build out year of 2016 and so the commission had asked for a specific list of projects in that area that -- that are projected to be completed within that time frame of build out. And so the list that was provided to the commission with the intersection of Victory and Eagle is in the five year work program to be widened and signalized in 2008-2009. Meridian City Council • • March 27, 2007 Page 50 of 66 Eagle Road is in the five year work program to be widened to five lanes between the Ridenbaugh Canal and Victory in 2008-2009 time frame. Eagle Road between Amity and Lake Hazel is in the CIP to be widened to five lanes. That's long range, though. Also long range is the intersection of Lake Hazel and Eagle to five lanes. And, then, also the intersection of Amity and Eagle is in the CIP for the long range widening, but that intersection is also part of an ACRD roundabout study that's looking at the possible roundabouts along the Amity Road comdor. And that study is going on now. So, that would be more nearer term than the long term. So, that's the information that was provided to the commissioners. De Weerd: Thank you, Christy. Any questions from other Council members? Zaremba: I have none. Bird: I have none. De Weerd: Okay. Appreciate that. Richardson: Madam Mayor, may I address one other item? And that has to do with connectivity and there was a request perhaps that one of the stub streets not be extended and connectivity is another way that a highway district and the city can help deal with the traffic on the arterial roadways and that is to provide more connections to adjacent properties, so that the travel can occur within those -- in the mile sections on the collectors and on the local streets to prevent traffic from having to travel on the arterial roads, which does increase levels of service at the intersections and along the roadways and so the commission did require stub streets as the applicant's proposal indicates. And we would not support a reduction in that. Thank you. De Weerd: Thank you. Kent Brown for the record. Brown: Kent Brown for the record. I'm song. I apologize. 1500 East Iron Eagle. And I would comment from what Christy was making reference to with ACHD, they said with this and the other projects that have been approved between Amity and Victory and, actually, Amity all the way to Overland Road, that they were going to take a closer look at that area and look at moving that into the capital improvement process, because of this and other developments out in that area. And that -- they said those numbers would -- with other development that would take place after us, would push that over and would probably require that. So, they were looking at that, so -- De Weerd: Yeah. It's more the cumulative effects that are of concern as well. We do accommodate development traffic further south and, you know, you always wonder if some of those trips are also captured. And I appreciate that the area of impact is expanding a lot further than it has in the past, so I appreciate the information we received from Christy Council. Any questions for Kent? Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 51 of 66 De Weerd: Uh-huh. Bird: Just a question. Kent, how -- if you're able to redraw this preliminary plat showing the 90 percent R-4s on the exterior, what kind of a time line do you have -- would you have to do that? Brown: Is next week okay? Bird: Well, the problem Ihave -- and it's just me personally -- is approving something without seeing it -- without seeing the preliminary plat and -- but I want to be fair with you and I want to make sure that you had no problem with doing the 90 percent. Brown: For the record, I think that we are clear on the fact that we are willing to make that happen if we can transfer that density to some of those areas that are internal and we definitely can have that to your staff by Friday of this week very easily, making those kind of changes. Bird: For approval next week? Brown: For approval next week. Zaremba: Madam Mayor, my question to staff would be whether they want ten days to look at it. Nary: But Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Ithink -- I mean that actual cutoff is Thursday for the clerk's office to have this back in front of you. That doesn't give staff more than a day, really, to even look at it. I mean I think two weeks is probably more adequate to make sure -- I'm concerned -- and the DA part, but I know Mrs. Canning is concerned with the plat in having the opportunity to look at all that to see if how those are going to match up. So, I guess my recommendation would be two weeks, rather than one. De Weerd: I personally like your sense of urgency, but we do like staff to have evaluation time. Brown: And I'm not opposed to that. I mean we -- for the plat changes -- today is Tuesday. I could have those to Anna for Wednesday, but that, again, doesn't give them a time to review that and I understand that. De Weerd: Okay. • • Meridian City Council March 27, 2007 Page 52 of 66 Brown: I'd have to go home and do it tonight. De Weerd: Len? Grady: Madam Mayor, just -- just some clarification required I think for our building department. Does the 50 lots include the 44 that are already approved up in the upper Blackrock, which wouldn't leave much down for the lower units. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: There is no other access into the others, because the section is going that way, is there? Grady: No. And that's -- I just wanted to point that out. Bird: So, from what I heard from what the Chief said, 50 lots that would include the whole subdivision. Grady: Including the existing Blackrock. Bird: How do you get into Blackrock now? Brown: We come in through the collector road that's -- that we are proposing to improve. Bird: That's the one we got here is the one entrance. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council -- and maybe all of you realize this. The Blackrock Subdivision isn't part of the annexation request -- or excuse me. Blackrock Subdivision is part of the annexation request. When it was separately granted access -- or city water approval and this Council granted them water and- sewer approval when they were in the area of impact, they were already required to annex. So, I mean you have -- they have them as one application, even though you actually have a separate consent agreement from Blackrock to annex. Whether that matters to you or not, I don't know. I just wanted to make sure you were aware of that. But this Castle Greens project I think there isn't any other access besides what's there for those approvals of Blackrock that I think have already come forward, so -- but I don't know what the state of building is. Mr. Grady might. I don't know. Grady: Sorry. The last part was you don't know what stage of the building -- Meridian City Council • • March 27, 2007 Page 53 of 66 Nary: Of the Blackrock -- are all of those 44 lots already built? Grady: No. Nary: Okay. So, the 50 lot requirement that Chief Anderson talked about would apply to both, but -- Grady: In my opinion. Nary: -- some of them may have -- they may not have 44 building lots -- permits that have already been granted; correct? Brown: Correct. Nary: Okay. Canning: Madam Mayor, Members of the Council, actually, what the chief and I came up with was a modification of condition 3.9 to add the sentence: Prior to approval of the final plat -- or it would be the first final plat in this case -- the applicant shall provide written documentation for the fire department approving the secondary emergency access. Zaremba: Acceptable. De Weerd: Okay. Council, any other questions? Bird: Madam Mayor? De Weerd: Yes. Bird: I'd like to ask Kent, the applicant, if we were -- if you were to get this -- it would be redrawn and we was to continue these public hearings until April what? April 10th? Does that give everybody time, Anna? Canning: Yes, sir. If Council wants a draft development agreement provisions added, if they could just let us know what they are seeking to add for that date that would be helpful. De Weerd: Kent, could you also bring back information on the public -- or the proposed city park as well and the cost -- and the cost that -- Brown: I have those available for you tonight if you'd like to -- De Weerd: Okay. Well, it looks like we will need to bring it back for the plat anyway, if you want to provide it. Meridian City Council • • March 27, 2007 Page 54 of 66 Brown: That would be fine. Uh-huh. Bird: Is that agreeable with the applicant if we continue these -- Brown: That's fine. Bird: -- until April 13th -- or 10th I mean. Brown: 10th. Bird: I can't speak for the other two Councilmen, but I would make a motion that we continue public hearings AZ 06-059 and PP 06-059 until April 10th, 2007. Zaremba: I would second that, but a question whether we want to specify exactly what we are looking for. Do we need to delineate that or is it already pretty clear? Bird: I think that's pretty well. I think there is a lot of points they want to probably get in and the applicant needs to have some definite answers on a couple of things that we asked for from them. I think -- I think it will be a short Public Hearing. De Weerd: Well, since this motion really doesn't have discussion involved in it, let me first ask you to vote on it and, then, we can add in the specifics. Bird: Exactly what the motion is. De Weerd: I hate to ruin this discussion, but all those in favor of continuing Items 12 and 13 to April 10th say aye. Okay. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Now discussion. Bird: I don't have any now. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: This particular application concerns me a great deal. We are here on the premise that Blackrock was going to be a real gem for Meridian in terms of a community, estate lots, so we extended ourselves knowing to some degree that there was a possibility of what we see this evening to occur. I hear things from the applicant that we have an irrigation ditch out there, might be a safety problem. We could maybe make a child safe, but no indication that they will. We are working with trades with adjacent property owners, but we are not sure how that's going to come out and the Meridian City Council March 27, 2007 Page 55 of 66 property owners did present that and I appreciate that, that they are working, but we don't know what that's going to be. We will see specifics on the park, but I want to see specifics as to how that arrangement will or won't take place and whether it will or won't be a city park. We have gone around and around on some of these in the past. I hear comments that past activities have taken 20 lots, plus or minus, to deal with park issues and other issues with this subdivision. The reality is is nothing has been taken, because there is nothing there to give at this point in time. The request is for annexation to the City of Meridian. Without that there is nothing to gain or lose. We will have a temporary road situation, which will come at a future date and I can appreciate that. We have the issue that you can only develop so many parcels without a secondary access. We need that resolved. We have heard what our position has been in the past on these kinds of rural -- urban developments surrounded by a rural environment where we have required larger lots and I'm talking lots that are in the 12 to 17 thousand square foot range to border adjacent properties that are larger properties. Some resistance from the applicant in that particular item, but, again, I think that's something that I'm going to have to see to be supportive. I'm concerned about 644 dwellings when the applicant indicates we have done some things to make the curb appeal better or to have some -- to quote him, some more curb appeal. But we find that that's at the option of the buyer. We could, in theory, have 644 clones out there, a sea of them, and not be the wiser until it's all done. We haven't done business like that in the past. I hope we don't do business like that in the future. We need some certainty, not only for the surrounding property owners, but we need some certainty for the people who are going to invest in that area. And they are not going to want to see their house 643 times out there. We have no indication of a way to control it. We have testimony from the public that have gone out and surveyed this development -- the developer's projects and indicated they support this project and I appreciate that, too. And maybe they are more kind than I, but I think the statements need to be made. They have indicated there is some problems with these developments, not the least of which is people get in over their heads and can't improve their properties, so they don't landscape them, they don't put up fences and that sort of thing. We hear from the developer that, well, we will take care of that with the CC&Rs. I have dealt with CC&Rs for way too many years and that's not going to make it work. It's not an acceptable solution. So, those are my thoughts. At this point I'm not -- I'm not convinced that this project does not fall into my category is that I'm not in that big a hurry to have development in Meridian to approve annexation of this particular project. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think I tend to do this mostly at the Planning and Zoning Commission, maybe not as much here, but the Council has given some direction as to changes to this application that they would like to see that they are generally in favor of and I guess I'd like to at least caution both the applicant and the other members of the audience that are present and maybe in addition to the light of the written testimony we received -- the direction that Council has given is not any indication that this is an approved project. Meridian Ci4y Council • • March 27, 2007 Page 56 of 66 The Council's requested some changes that might make it more attractive or what the Council's desire is, which is within their discretion. I know Mr. Brown understands that, that in two weeks this Council has within their power to deny this project regardless of the changes. So, I think the matter is still open. I think everyone knows it, but I wanted to make sure that the applicant understands that all the Council has asked is for some changes that may make it more attractive, but it's certainly not approved based upon those changes. They may make them and the Council still has the power to make more changes, remand it back to the Planning and Zoning Commission or deny it. I just wanted to make sure that was clear for all the audience that's here. De Weerd: You know, I guess also one more thing to consider bringing back -- I know that Hubble has made a real attempt to appeal to workforce housing needs and to provide choices, but I guess what I'd like to see in the plan here is, you know, do you have those -- do you have them sprinkled throughout? Do you have certain areas where you have a market for the first time home buyer, so that you know where some of these areas Council has suggested to do some more of a protection of the surrounding property owners for a quality of home. You know, is it -- you can do the minimum in some of these upper end lots or not. So, I think it would be helpful to bring back that kind of detail, if you have that kind of plan, so that you have a better tracking of what is -- what is the actual plan out there. And how do you protect the property values. Because I think that's a concern in some of the lower end housing and how you intermix it with some of these upper -- upper price ranges. So, if you can bring that as well. And with that, any further -- Canning: Madam Mayor? De Weerd: -- ideas? Yes. Canning: Can I ask for a clarification of - I just want to make sure that my staff analyzes -- or provides the analysis that the Council was looking for in two weeks. So, we can look to see if it meets the R-4 versus R-8 standards, but I wasn't sure what else you wanted us to address or if you just want them to bring back a revised proposal that addresses your concerns and -- I need a little help. I'm song, sirs, and ma'am. De Weerd: Sirs and ma'am. I believe it was mainly for the lots on the far south piece and, then, the north -- Canning: So, would you like us to evaluate whether 90 percent of the perimeter lots have -- meet the R-4 standards? Okay. Bird: I'd like it as close to it -- they said all their lots are 105. I'd like them as close to 75 wide as they can get. De Weerd: Or would you rather just say a square footage? Meridian City Council ~ • March 27, 2007 Page 57 of 66 Bird: Well, if 8,000 square foot is an R-4, so that's -- if they are 105, then, their widths got to come out. De Weerd: And you did hear what another Councilman suggested as well. Canning: And that's on the north and the south, but not along the five acre cutout there? Is that correct? Bird: Well, that might be where the ten percent they want to leave in. I would prefer -- and that's -- you know, what they come up with is -- is what we will look at. And if they want to give 20,000 square foot lots along there, I will be happier than Charlie. De Weerd: Happier than Charlie. That's a gauge. Happier than Charlie. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would also appreciate a staff analysis of whatever treatment they are going to make of the open or closed waterway that runs along the collector road. De Weerd: And I think I saw some other questions out there. It will -- we are continuing the public hearings, so we can take additional testimony, because we anticipate this plat will change, so -- and you might also talk to the applicant. Thank you for being here tonight. Zaremba: Madam Mayor, I would comment for those that may not know, since this meeting was noticed and everybody's had the opportunity to be here and hear us continue the meeting two weeks from now, would not be noticed in the same fashion. People are noticed because they are here. Is that correct, Mr. Nary? De Weerd: That is correct. Nary: That's correct. Zaremba: Thank you. De Weerd: Thank you. Okay. Council, why don't we take a five minute break. (Recess. ) Item 14: Public Hearing: VAC 07-005 Request to Vacate the public utility, drainage and imgation easements located on a portion of Lots 1, 2, 3 and 4, Block 2 of Strada Bellissima Subdivision No. 1 adjacent to 3015 S. Meridian Road for Strada Bellissima by Strada Bellissima, LLC - 3015 S. Meridian Road: Meridian City Council • March 27, 2007 Page 58 of 66 De Weerd: Okay. I will go ahead and open up the meeting again. Item 14 is Public Hearing VAC 07-005. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Strada Bellissima vacation. As you know, it's -- Strada Bellissima is located at the south -- or it's on Amity Road just east of Meridian Road and the requested vacation is for public utility drainage and irrigation easements, as shown here. They will vacate these along -- everything that's not along Amity and, then, they will replace it with an easement along Amity. Victory. Why am I saying Amity. Bird: I was just going to say, when did we get to Amity? Canning: That was the last -- that was the last application. Sorry. Bird: Is that that new crew? Canning: Staff is recommending approval. We have received all the necessary relinquishments and to our knowledge there are no outstanding issues before Council, other than the question of the road, which is Victory. De Weerd: Could have told you that. Council, any questions for staff? Bird: I have none. Rountree: None. Zaremba: None. De Weerd: Okay. Well, I don't see an applicant here. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I take it nobody's going to testify, so I move we close the Public Hearing on VAC 07-005. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? Meridian City Council March 27, 2007 Page 59 of 66 De Weerd: Yes, Mr. Bird. Bird: I move we approve VAC 07-005 for Strada Bellissima. Rountree: I'll second it. Bellissima. De Weerd: I have a motion and a second by the very linguistic experts. Any discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Ordinance No. 07-1303 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: Item 16: Ordinance No. 07-1304 AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Item 17: Ordinance No. 07-1305 RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Square Subdivision by Red Cliff Development, LLC - 2935 North Eagle Road: Item 18: Ordinance No. 07-1306 IZZ 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 Property by Paradigm Real Estate Holding - 39 W. Pine Avenue: Item 19: Ordinance No. 07-1289A AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Approve Correction of Legal Description: De Weerd: Okay. Items 15, 16 -- oh, let's see. Rountree: Through 19. Bird: Through 19. De Weerd: Yeah. Mr. Berg, will you, please, read ordinances 15 through 19 -- Items 15 through 19 by title only. Meridian City Council March 27, 2007 Page 60 of 66 Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1303, an ordinance finding that Joint School District No. 2, the owners of real property, has made a written request for rezone of the zoning classifications for real property being all of Block 1-6 and 7 and portions of Block 2, 3, 4, 5 and 8, Mindy's Addition, as recorded in Book 2 of Plat at Page 75, Ada County Recorder, together with vacated streets and alleys as vacated by the following documents recorded in the office of the County Recorder of Ada County, Idaho, Instrument No. 252762 recorded in Book 19, Page 563 of Miscellaneous Records, Instrument No. 247805 recorded in Page 19 -- or, excuse me, Book 19 of Page 396, Miscellaneous Records, Instrument No. 369171 recorded in Book 28 of Page 14 of Miscellaneous Records, Instrument No. 9610106 and Instrument No. 8658134, together with a parcel of land located in the south one half of the northeast one quarter of Section 12, Township 3 North, Range 1 West of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-4 to OT in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 07-1304, an ordinance Bienville Square Subdivision for annexation and being a portion of the northeast one quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to and R-1 to C-G, R-8 and 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. Berg: Ordinance 07-1035, an ordinance finding that Mason Creek, LLC, the owners of certain real property have made a written request for rezone or the zoning classification for land being a portion of the north one quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and the rezoning of certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from C-G to R-8, R-15 and C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Meridian Ciry Council • March 27, 2007 Page 61 of 66 Berg: 07-1306, an ordinance finding that Valley Shepherd Church of the Nazarene, the owners of certain real property has made a written request for rezone of zoning classification for real property being the west half of Lot 1, Block 1, of the West View Addition to Meridian, located in the north one half of the southeast one quarter of Section 12, Township 3 North, Range 1 West of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-8 to OT in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Amended Ordinance No. 07-1289A, amended ordinance for annexation of property being a portion of the east one half of the northeast one quarter of the northwest one quarter of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Bird: Madam Mayor? De Weerd: Mr. Bird, before I recognize you, I do need ask if there is anyone who would like to hear these -- Bird: Oh, I'm sorry. De Weerd: --ordinances read in their entirety. Seeing none. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinances 07-1303, 07-1304, 07-1305, 07-1306, 07-1289A, with suspension of rules. Zaremba: Second. Rountree: Discussion? De Weerd: Okay. I have a motion and a second with some discussion. Mr. Rountree. Meridian City Council • March 27, 2007 Page 62 of 66 Rountree: On item 13, Will, did -- have we seen anything on the resolve of the Pine Street school? Berg: On 15? De Weerd: On Item 13? Bird: On 15. Fifteen, Charlie. Rountree: Fifteen. Yeah. Excuse me. If I said 13, I misspoke. Bill or -- Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, if you recall -- and Maybe Councilman Rountree -- maybe it was the meeting you weren't here. We did have -- we did have testimony from the school district that they have already made the arrangements for the move of the Pine Street School. They have got donated -- one of the moving companies has already donated the time and one of the local contractors has donated some of the material and the time to build a foundation to move the school onto the Meridian Elementary School property immediately adjacent to the school. So, they already have that in the works and the plan and they have had previous discussions about moving it to Settler's or moving it to other places and those never panned out. So, they already have made those -- those agreements and they are already in the plan of getting that done probably sooner, rather than later. Rountree: And did we get squared away in more detail the arrangement that we have with the school district as far as joint custody or maintenance or activities as it relates to the Pine Street School? I discussed that with Mr. Freeman, their attorney that we probably need to get that a little better clarified, since we have this ancient agreement that doesn't really spell out exactly what the maintenance obligations are. It's going to be on their property, but he agreed that -- and I think Dr. Clark would agree that we probably need to work that out. At this point we don't have any final agreement, but I anticipate we would be bringing that back in front of you at some point in the future. Rountree: Thank you. De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • March 27, 2007 Page 63 of 66 Item 20: Ordinance No. 07-1301 Reading: New Fireworks Ordinance - 3rd De Weerd: Thank you. Okay. Item 20 is Ordinance No. 07-1301. Mr. Berg. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Before we proceed, this morning I discovered an a-mail from State Senator Kate Kelly mentioning that she was aware of our move to enact this fireworks ordinance and supporting our efforts and Meridian's leadership on this issue. I would like to give this a-mail -- or a copy of the a-mail to the clerk and have it be in the record. Is that appropriate? Bird: Sure. De Weerd: Sure. Zaremba: Okay. Done. De Weerd: Yeah. It is in the record. Zaremba: Well, there was an answer -- I answered her and, then, she answered me back and I don't think you got her answer back. De Weerd: You're right. I just forwarded the a-mail that you sent to all of us. Zaremba: Yeah. But she answered that, so I was putting that in the record. She said she was aware of what I pointed out and that's exactly what they were trying to solve and, again, appreciated our efforts. De Weerd: Very good. Okay. Mr. Berg, well you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, 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, definition, sales, storage, possession, and/or discharge of fireworks, inspection by the 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, violation and penalties, permits for public fireworks displays and public fireworks displays. Meridian City Council • • March 27, 2007 Page 64 of 66 De Weerd: Okay. Well, you have now heard this for the third time. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't hear anybody jumping up, so I move we approve Ordinance No. 07-1301. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Ordinance No. 07-1301. Is there any discussion? Rountree: Madam Mayor, I would just like to point out this is the third reading, the third opportunity for folks to have their say or request changes. There have been none that I'm aware of, so let's move on. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for clarification, we did have a couple of changes that the Council made recommendations after the first reading, those were done, they have been posted on the website for the last two weeks and final draft of the ordinance. There hasn't been any other request that I'm aware of, either by a-mail or phone call to either my office or to the fire department or to the Mayor and Council, requesting any additional changes or reviews than what has already been previously discussed, so this is the third reading, so it's property before you for approval. Bird: Thank you. De Weerd: Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. I did a-mail Chief Anderson and would ask that whatever changes we make could be summarized, along with any comments that had substance to it, so we can get it out to the Treasure Valley Partnership. Okay. Thank you so much. Meridian City Council March 27, 2007 Page 65 of 66 Item 21: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Our next item is 21, Executive Session per Idaho State Code 67- 2345 (1)(f). Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we go into Executive Session per Code 67-2345(1)(f). Bird: Second. De Weerd: I have a motion and a second to adjoum into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay, do I have a motion to adjoum? Rountree: So moved. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council ~" March 27, 2007 Page 66 of 66 MEETING ADJOURNED AT 11:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ ~ MAYOR TAM EERD \\`~,~~\\'\\1111- -!!!-°°~~`,'~a, AT~i ,~;~~D: ~_88 ®!allV99V V0 1!114\\\1 L_J ~ , 2~, o ? DATE APPROVED G. BERG JR., C~`TY CLERK March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of February 20, 2~7 City 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 DtSTRICT: 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 Clay of Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of February 27, 2007 City Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST': INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emaiied: COMMENTS Date: Phone: Staff Initials: Materials presented at public meeflngs shall became properly of the Ctty of Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-C REQUEST Approve Minutes of March 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 shall become prgperiy of the City of Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-D REQUEST Tabled from February 27, 2007: Resolution No. Adoption of Records Retention Schedule AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packet MERIDIAN POST OFFICE: OTHER: Request to Table to April 24, 2007 City Council Meeting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 23, 2007 AZ 06-052 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT POrfICO, LLC ITEM NO. S-E REQUEST Findings for Approval -Request for an Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision - 1780 E. McMillan 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 Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Ctty of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A-ND DECISION & ORDER ._ ' ~~, 4 ~17f~11' r ~'~'". In the Matter of Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to ~ 8 (Medium Density Residential) and Preliminary Plat (PP) of 26 Single-family Residential Building Lots and 3 Common Lots for Portico Place Subdivision. Case No(s). AZ-06-052 & PP-06-053 For the City Council Hearing Dates of: January 23, 2007; February 6, 2007; & March 6, 2007 (F~ndings on the March 27, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 23, 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, CaNCLU'SIONS OF LAW AND DECISION 8c QR.DER CASE NO(S). AZ-06-052 & PP-06-053 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the Gity of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 23, 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, 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 ~iiual plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the Gity 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 Gode CITY OF MERTDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat 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 far Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 ~J. By action of the City Council at its regular meeting held on the Z ? '"' day of ,. , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~ COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CTiARLIE ROUNTREE COUNCIL MEMBER KEITH Bl'RD VOTED ~9 `~d~-~ VOTED__~~'G`~/ VOTED__~~~ MAYOR TAMMY de WEERD VOTED ~~ (TIE BREAKER) ~~,~~~GGG~~ Mayor~~' ~ ,d~~~W'eerd Attest: `,~` ~~~ ~ ~`'..,, ~~o 's ~~~~, William G. Berg, Jr., City erk ~~ '~ 1 ,~ ~..t P R,1~. y Copy served upon Applicant, The Planning G,9~~;,P~lic'l~Torks Department and City Attorney. By: ~ ~~~ '1.~.` =% Dated: --` ~ -C"l City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 STAFF REPORT Hearing Date: January 23, 2007 TO: Mayor & City Council FROM: Sonya Wafters Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Portico Place Subdivision • AZ-06-052 p amr rK ~. V 4 lta,at1~ ,,,, •~ 3~ Annexation and Zoning of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-053 Preliminary Plat of 26 single-family and townhouse building lots and 3 common lots on 5.17 acres in a proposed R 8 zone 1. SLIMIVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Portico, LLC, has applied for Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R 8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision. Alternative Compliance is also being requested for a reduction to the street buffer width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home. The site is located at 1780 E. McMillan Road, on the north side of McMillan Road, just east of the intersection of Locust Grove and McMillan Roads, in Section 29, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Number 50529336250. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-052 and PP-06-053) were submitted to the Planning Department for concurrent review. Staffhas provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and .Preliminary Plat applications. Staff recommends approval of A7r06-052 and PP-OCrOS3 and the request for Alternative Compliance for Portico Place Subdivision :is presented In the staff report for the hearing date of December 21, 2006, subject to the conditions listed in Exhibit B. eridian Plannin d Zonin Commission heard these items on December 21 2006. At the public hearing they moved to recommend approval, a. Summary of Commission Public Hearingl i. In favor: Ron Sargent fapplicant(ownerl ii. In opposition: None iii. Commenting• None iv. Staff presenting application: Sonya Wafters v. Other staff commentin,~on application: Caleb Hood b. Key Issues of Discussion by Commission: i. Retention of existing accros to McMillan Road for resident of e~sting house G Key Commission Changes to Staff Recommendation: i. Require a Development Agreement that will include a provision fora 3S-foot wide landscape buffer to be installed along McMillan Road when Lot 17 Block 1 re-develops. re-anbdivides. or modiflcadons to the building/lot are made that requires a building Hermit, and requirement for the existing Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JANUARY 23, 2007 house on Lot 17. Block 1 to take access internally from N. Beethoven Avenue and for theme direct access to McMillan to be terminated (see Exhibit d. O~ ending Issue(s) for City Council: i. Retaining existiL access to McMillan Road for resident of existing house The MpridlSLn itv unc'l hid these items on Tanuarv 23 2QQ7• February 5 2007• & ~ ~ d nn th ~ e followt~as<I reV~.6ed elevations withdra~l of the r¢azest for direct access to BOdd fur the ead.~~a~nme and a mOdL~catlon t0 th¢ Ori:uinal rEQUest fur Peductron _ to t he stree t buffer width slop McMilla Road from >;p re~~!ired 35 feet to 30 feet. in-ctpad of 25 f eet as o rlelnally proposed in the~nnrtlnn that ~~,g~J~ent to the eaactsng ce. R ~nmm rv of City o nfi 1 Pub is Aearinc: , i. In f~yor: Ron~ar~e__n__t=Po!fico. i.i.C (Ao~licant~Ownerl ii, in opposition: None ~ ~iyn~• one iv. Wrltten_te~tt~Lmo~v: None V. staff prese~t~ app icatlon: nn~ a pin vi. f,,,~ther stn commenting on application: None ~ Kev Is sues of Discussion by Council: ' i. t5-foot wide street bLff r along Rednetion in the wid h of the rea ired LV(el ilian Road: ii. The o mission-i~tiated n o~•ision n the DA that ate f Y t 17. Bloch 1 ~Y~jse»s- re-cub videg,gr ~tf ~y~- mo ~$cations to ~i lot are made that reu sire the itv to is~Le a building nernit that he X1135-foot wide s ee iii. buffer ~71ne~i l to be platted & constructed alon~cMillan_Boa~. Access to the egi 'n home seta Beethoven Avenge or Wldte 1Rawk Street with a ~rnaronnd on site that wlll alipw vehicles to nn11 not netn Beethoven rather Kev C than back ou • not a I wino direct access to McMillan Road. ~tion : ouncil Chances to Commission Recomme ~ . _ ' i. nc Reauiir a Development Agreement fDA) that will nclnde the foilo qt wade dsc~pe buffer hall be iustailed adiacent to the e~stig ~ __ hump ~lnn~ F McMillan Road• the remainde~of the buffer sh I be 35-feet wide ~s ream~v UDC 11 2 6 in return_fozapuroval of the reduced Portico Place Subdivision AZ-06-052, PP-Ob-053 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ANUARy 23, 2007 Approval After considering all staff, applicant and public testimony, T move to approve File Numbers AZ- 06-052 and PP-06-053 as presented in the staff report for the hearing date of January 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Dewial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 052 and PP-06-053 as presented during the hearing on January 23, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) C®ntinuance After considering all staff, applicant and public testimony, I move to continue File Numbers A~-06-052 and PP-06-053 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) far a continuance.) 4. APPLICATICIN AND PRC)PERTY FACTS a. Site Address/Location: 1780 E. McMillan Road Section 29, T4N, R1E Tax Parcel: 50529336250 b. Applicant /Owner: Portico, LLC 18$3 N. Wildwood Avenue Boise, ID $3713 c. Representative: Ron Sargent, Portico, LLC d. Present Zoning: RUT (Ada County) Portico Place Subdivision AZ-Ob-052, PP-06-053 PAGE 3 CITY OF MERIbIAN I'LANIVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request:: The applicant has applied for Annexation and Zoning (AZ} of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision.. The building lots consist of 20 attached units, 5 detached units, and 1 existing detached home. The proposed grass density for the subdivision is 5.03 dwelling units per acre with a net density of 6.98 dwelling units per acre. A gazebo, pathway, and parking areas are proposed within the common area located centrally within the subdivision. Alternative Compliance is also being requested for a reduction to the street buffer width along E. McMillan Road fram 35 feet to 25 feet on the south side of the existing home. 1. Date of Preliminary Plat, Sheet Pl (attached in Exhibit A): October 3, 2006 2. Date of Landscape Plan(s), Sheet Ll.l and L1.2 {attached in Exhibit A): October 6, 2006 g. Applicant's Statement(Justification: Per the narrative submitted by the applicant, the applicant is requesting annexation and zoning of 5.17 acres to R-8 and. preliminary plat approval of 26 building lots consisting of single-family detached and attached homes with 3 common lots. Alternative Compliance is requested for a reduction to the required buffer width along McMillan Road from 35 feet to 25 feet along the south side of the existing home. As att alternative to the width, 42 additional shrubs and 3 additional trees beyond the required amount are proposed within the McMillan Road landscape buffer. The applicant is alsa requesting that the current resident, Mrs. Buckley, continue to have direct vehicular access from McMillan Road to her garage until such time as she no longer lives there. At that time, the direct access would be eliminated and the house would be accessed solely by N. Beethoven Avenue, an internal street. To guarantee that the access point to McMillan Road would be removed and landscaping installed in the area where the driveway was, the applicant has agreed to submit a cash surety to the City to be held until the applicant removes the driveway and installs the required landscaping in the street buffer. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 4, 2005, and December 18, 2006 (Commission}; January 1.2007 and January 15.2007 (Gifu Councill d. Radius notices mailed to properties within 300 feet on: November 22, 2006 (Commission}; Decem er 29, 2006 (City Council) e. Applicant posted notice on site by: December 8, 2005 (Commission}; Jannary 8.2007 and February 1S. 2007 (City Councill 6. LAND USE a. Existing Land Use(s): Single-family rural residential b. Description of Character of Surrounding Area: A mix of single-family residential uses and rural residential county land. This azea is rapidly transitioning from rural to urban. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 4 CITY ©F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 c. Adjacent Land Use and Zoning: 1. Narth: Vacant land, zoned RUT (Ada, County) and single-family residential (Sheridan Place Subdivision), zoned R-8. 2. East: Single-family residential (Sheridan Place Subdivision), zoned R-8. 3. South: McMillan Road and Idaho Power Substation, zoned R-8. 4. West: Rural residential properties, zoned Rl and RUT (Ada. County). NOTE: The parcel directly on the northeast corner of McMillan Road and Locust Grove Road is currently requesting annexation and L-O zoning in the City (Woodland Springs). There is one parcel between Portico Place and Woodland Springs. d. History of Previous Actions: NA e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This development is proposing sewer service via extension of a sewer main in E. Roaring Creek Street. Location of water: This development is proposing water service via extension of mains in E. McMillan Road. Issues or concerns: There is no direct right-of-way connection to this parcel in the location of the sewer main therefore the applicant is proposing extension through a common lot, between a sand and grease trap and infiltradon trench. Staff has some concerns of the practicality of excavation so close to the storm drainage facilities. 2. Vegetation: Landscaping and trees around the existing house 3. Floodplain: NA 4. Canals/DitchesJIrrigation: No major facilities are located on this site, however all ditches on this property shall be tiled per City Code. See Exhibit B below. 5. Hazards: NA 6. Proposed Zoning: R-8 7. Size of Property: 5.17 acres £ Subdivision Plat Information: 1. Residential Lots: 26 (20 attached units, 5 detached units, and 1 existing detached home) 2. Non-residential Lots: 0 3. Total Building Lots: 26 4, Common Lots: 3 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.17 acres Portico Place Subdivision AZ-06-052, PP-Ob-053 PAGE 5 CI1`Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 9. Gross Density: 5.03 units per acre (Net density; 6.98 units per acre) 10. Lot Sizes: Lot sizes range from 4,000 square feet to 7,054 square feet with one large lot of 20,142 square feet (where the existing house is.) g. Landscaping: Width of street buffer(s): 35 feet required along E. McMillan Road; 25 feet proposed along south side of existing house through Alternative Compliance. Forty-two additional shrubs and three additional trees beyond the required amount are proposed along the entire length of the McMillan Road landscape buffer in return for the reduced buffer width. Landscape buffers along streets shall comply with UDC 11-3B- 7. See below for analysis regarding the proposed alternative compliance. 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 0.56 acres or 10.8% (6% usable open space) 4. Other landscaping standards: Landscaping must be provided within the street buffer along E. McMillan Road and within the common lot on Lot 1, Block 3 in accordance with UDC 11-3B-7 Landscape Buffers Along Streets and 11-3G Common Open Space Requirements. h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings. R-8 Dimensional Standards (in feet) Setbacks Proposed Required Front Living Area (from back of sidewalk) 15 15 Side Accessed Garage (from back of sidewallc) 15 15 Front Accessed Garage (from back of sidewalk) 20 20 Side {5' public utility & drainage easement is required) 4 4 Rear 12 12 Frontage (detached, with garage facing street) 50 50 Frontage (detached, with shared driveway) 40 40 Frontage (attached) 40 40 Lot Size (detached, w/garage facing the front property line) 5,000 5,000 Lot Size {attached and detached w/shared driveway) 4,000 4,000 Maximum Building Height 35 35 * No changes to the dimensional standards in UDC Table 11-2A-S were requested. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sale access to the development will be provided from E. McMillan Road via N. Beethoven Avenue, a proposed public street. The existing home currently has direct access to E. McMillan Road and is requesting to keep this access until such time as the curre~rt resident no longer lives there. A secondary access is also proposed to N. Beethoven Avenue for the existing home, creating asemi-circular driveway. The Planning Department, the Police Department, and ACRD are not supportive of the retention of the existing access to McMillan Road. A stub Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 street for future connectivity is provided at the north boundary from N. Chopin Avenue for access to the undeveloped County parcel to the north. In general, Staff is supportive of the proposed roadway design except for the proposed direct lot access to McMillan Road for the existing home. . 7. COMMENTS MEETING On December 1, 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. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 26 single-family lots on 5.17 acres for a gross density of 5.03 dwelling unitslacre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• - Sanitary sewer and water service wild be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire .District Once annexed the lands wild be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Oj,~ice. Once annexed, the dandy will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada Caunty Highway District (AChID). This service will nat change. A The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 7 Cl'IY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 The' applicant is proposing a residential zone. Stajj finds that the proposed development is compatible with the existing residential uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping and fencing is proposed and wild be provided on the site in accordance with UDC 11-3B and UDC 11-3A-7as shown on the landscape plan submitted with the application. Signage for the subdivision is required to comply with UDC 11-3D and will require separate sign permit approval. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed to temporarily retain the existing access to McMillan Road for the existing house. hTowever, Staff is requesting that the access be terminated and access to the house be provided solely from N. Beethoven Avenue, in compliance with the Comprehensive Plan, and at the request of the Meridian Police Department, and ACRD. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Six foot tall solid fencing is proposed along the west, east, and south boundaries per the landscape plan. The existing fencing, consisting of barb wire and a small section of 6 foot tall cedar fencing; along the north boundary is proposed to remain; However, Sta,~`'is requesting that the existing barb wire section be replaced with fencing to match the rest of the fencing on the site). Perimeter fencing is required to be installed prior to issuance of building permits (see Section 10 below and Exhibit B). • Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residenfial categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the Gity with a range of affordable housing opportwuties. The subject application includes a request for the R-8 medium-density zoning designation. The subject property is located adjacent to land zoned R-8 and land zoned RUT (rural urban transition) in Ada County. The applicant is proposing both attached and detached units, which Sta_,~'believes will provide the City with a variety of housing types. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 6% usable open space located centrally within the subdivision with a gazebo, walking paths, and parking areas. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traf6ic flow. One stub street is proposed at the north boundary which wild provide future connectivity for the property to the north when it develops. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 8 CITY OF 10~1ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 9. i7NIFIlEb DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family attached and detached dwellings as principal permitted. uses in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a r~uirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. X0. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application {prepared on October 2, 2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff is not recommending that a DA be entered into at this time. However, the Commission and Council may require a DA if they deem it necessary at the public hearing. P18EL]aVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R 8 zone per UDC Table 11-2A 5: All proposed lots, except for Lot 2, Block 1, meet the dimensional requirements of the R-8 zone for property size & street frontage. Lot 2, Block 1 does not meet the minimum 40-foot street frontage requirement; Staff has included a condition that the plat be revised to meet this requirenoent {see Exhibit B). The lots along the east boundary that abut Sheridan Place Subdivision average about 4,415 square feet; the abutting lots in Sheridatt Place Subdivision average about $,543 square feet, with the largest lot being 15,420 square feet at the southwest coraner. All of the proposed lots along the east boundary will be for attached dwellings. All lots shall meet the rninim~ setback & maximum building height requirements stated in UDC Table 11-2A-5 and #6h above. NOTE: Alternative Compliance is requested far a reduction in the street landscape buffer width along E. McMillan Road, an Entryway Corridor, from 35 feet to 25 feet for the portion on the south side of the existing house. See Alternative Compliance below for analysis. Landscaping: Two landscape plans were submitted for this project, Sheet Ll.l labeled "No McMillan Access" and Sheet L1.2 labeled "McMillan Access". Sheet L1.2 is not approved. The landscape plan prepared by Jensen felts Associates, on 10-06-06, Sheet L1.2 "No McMillan Access," is approved with the following modifications/notes: Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 • Widen the McMillan Road landscape buffer fronn 19 feet to 25 feet in front of the existing house (as mentioned in the narrative letter). Construct the McMillan Road landscape buffer in accordance with the UDC requirements, as amended with the Alternative Compliance request. Provide landscaping (shrubs and trees) in the area where the driveway was proposed to remain. • Per UDC 11-3G-3A, set aside at least 6% (0.31 of an acre) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on desigtung, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed itl~ UDC 11-3B-14. Nate: A tifoat wide strap of landscaping is shown along the west side of N. Beethoven Avenue; ACitID's report states that the west side should have a 3 foot wade gravel shoulder and barrow ditch adjacent to the property dine within 40 feet of right-of-way (see AChD report, Site Specifac Condition ofApproval #S). Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common AreaslOpen Space: The applicant has provided 0.31 acres (6%) of landscaped usable open space, meeting the S% minimum required by UDC 11-3G-3A-1. A 13,520 square foot common area is proposed within the center of the development with a gazebo, pathway, and parking areas located at each end of the common area. Maintenance of all common areas shall be the responsibility of the Portico Place Subdivision Homeowners Association. Staff is supportive of the proposed open space and landscaping shown on the landscape plan with the conditions of approval listed in Exhibit B. Alternative Compliance: Alternative Compliance is requested for a reduction to the required buffer width along McMillan Road from 35 feet to 25 feet along the south side of the existing home. Due to the current location of the home, the buffer width would go right up to the existing structure. In return for the reduced width, 42 additional shrubs and 3 additional trees beyond the required amount will be planted along the entire length of the McMillan Road landscape buffer. Staff is snpporhtve of the regnest for Alternative Compliance and the applicant's proposal to provide additional landscaping. Common Drives: Lots 7-10, Block 2 and Lots 13-15, Block 1 shall be accessed by common drives and the owners of said lots shall be responsible for the maintenance thereof. Staff recommends approval of the common drives shown an the plat and has included conditions of approval for said common drives in Exhibit B. All common drives shall meet the requirements of UDC 11-6G3D. Access: Access to the subdivision is proposed from E. McMillan Road via N. Beethoven Avenue. No on-street parking is allowed on N. Beethoven Avenue, as it is a reduced street section. On-street pazking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue, which connect to Beethoven Avenue. No parking signs shall be installed accordingly. Access to the existing house is proposed to remain temporarily from E. McMillan Road until the current resideirt no longer lives there. An additional access is also proposed to N. Beethoven Avenue for the existing house. Staff is not supportive of Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP 7ANUARY 23, 2007 the request to retain the existing access to McMillan Road for Lot 17, Block 1 because the Comprehensive Plan (limits access to arterials), the Police Department, and ACID are not supportive of additional access points onto arterial roadways other thaw those required for subdivision access (see Section #8 above and Exhibit B). Also, an additional access point for the existing home would be located approximately 45 feet from the access point for the proposed subdivision (N. Beethove~a Avenue). if approved, this would potentially create a safety hazard for traffic exiting/entering either of the access points at the same time. Elevations: The applicant has submitted several examples of single-story typical elevations for the attached and detached units proposed in this subdivision. Staff recommends approval of the proposed elevations; however, Staff is concerned about the layout and access of the attached unit proposed on Lot 7, Block 2. This lot is required to take access from the common drive and the other half of the attached unit, Lot 6, will take access from N. Portico Avenue. Staff recommends that the applicant bring, to the Commission hearing, a site plan showing the footprint of the homes on Lots 6 and 7 and elevations of the homes that show how these homes will look from the street. TJ4e applicant provided a side plan at the Commission meeting showing how Lot 7. Block 2 would access the common drive (the driveway curves slishtly to the common drive): no elevations were provided. as the footprint of the building is not affected. Pressure Yrrigadon: 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 saurce. 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 Stub Streets: The applicant should be required to provide a public stub street to the property to the north (Parcel #50529336100) as proposed on the plat. A temporary turn- around is not required as the length of the stub does not exceed 150 feet in length. Existing Residence: The site currently contains an existing residence located on Lot 17, Block 1 that is promised to remain. The existing home meets the setback requirements of the requested zone. The applicant has stated to Staff that the existing house will remain an the site after the current resident no longer resides there. Direct lot access for the existing residence to E. McMillau Road is not supported by Staff, the Police Department, and ACHD. Access should be taken internally from N. Beethoven Avenue. Fencing: Six-foot tall solid perimeter fencing is shown on the landscape plan at the west, east, and south boundaries. The existing fencing is proposed to rexnaiuu along the north boundary, which consists of barb wire with a small section of 6-foot tall cedar fence. However, Staff is requesting that the applicant provide fencing to match the rest of the fencing proposed on the site where the barb wire fence currently exists as UDC 11-3A 7A3 does not allow barb wire fencing in the R-$ zone. The applicant should submit a detailed fencing plan with the .final plat application for the subdivision. All perimeter fencing must be installed prior to issuance of building permits. Fencing should taper down to a 3 fast maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06- 052 and PP-06-053 substantially conform to the Comprehensive Plan policies and iTDC standards. Staff recommends approval of said AZ and PP applications, and the request for Alternative Compliance, smb3ect to the conditions listed in Exhibit B. The Meridian Planning and Zoning Comlmission heard these items on December 21 2006 At the Dnblic he ~ they moved to recommend annroval The Meridian ['itv Co ncil h~.ard these i~ ix. Errs A. Drawings 1. Preliminary Plat (Dated: October 3, 2006) 3. Landscape Plan _ Sheet L1.2 (Dated: October 6, 2006) - No McMillan Access B. Conditions of Approval 1. Planning Departrraent 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District $. Central District Health Department 9. Idaho Power Company C. Legal Description 8t Exhibit Map D. Required Findings from Unified Development Code Portico Place Subdivision Az-06-052, PP-Qb-053 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, Z(?07 A. Drawings 1. Preliminary Plat r w~..J g~° up ~~ v ~ ~Yr~m L~T n°~ 1 ., :. ., ~~ ..r+~y.~P • ~ L17') '~ ! ~ D1L~-ttl 7N7 y °pa m' w ~w~ei ^t 'Vml~ t~~,~ $$11~ a$r,~~1 ~~~id1t~~~i~~~`i'dt#,~~pd 4~°~~ I ~t~~9!}~ddd- ~$d dd~f ° ' •i 01$$t t~.i~~t e i t~id ~ f ` ~ ~ f y ~Y 1l,• (,` ~~ ~ i ii r ~~ ~ ...s~s6~l.pi~~ j r (1 ltJ~ ~t:n.l~!!~~~ p. ~ ,e ~~„~ 1 ~~ ~ •.~re'1!_ '•.b.y .TNi+r~ tr L ~p, qw ud ~<.e- ~? T1f ~ 6 a k. ~ • ~ - . - ~, ,. ~.. . U ~6. ~~! - ®~ e - + JP W'),o Aqf, ~ ~~ __ L` :~(• 4~ °R6 ~6 !:~ ~_-,~~r-,1p i ~~ ~~ i ~; .a:' ~ ~ .~ I~_ ' ~~ -- %~~ ~~ ~~~ ~`~ .ry, _ ~_~ ,"'~ 1 d ' ! d ~ B d t i ; , t;: ii ~ ! ~f ~ . ~ .~ $ ~~ 0 ~ ~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF' JANTJ•ARY 23, 2007 3. Landscape flan - Sheet L1.2 (No McMillan. Access) ~. I ~ { aura ~nnw~w - - _ 3 f i~~~ 3JV'1d ~JI1dQd ~ : _ 1 ~9 4 Q a -~s~ A ~1 -q' •~ ~. _¢_ y ;~~ r::~ r (~ F ! •~, ~;, z, ~ ~ 11 ,•,~t 'S'S ,, •F~ .5 •°~ l ! ~.~ d FBI ~: •~f~JiSr 2S SSSY6 .~, ~ V1 1 ~ t ~ ¢ ~.,r ~I i ~ ~ ~ 0 ~i~ b 0. if iF~ ~ 1~Edt8a ~ ~A .ii ~ ~y 4D A s rt ~~ .vsaa a 4:.r~ _ ~ ~~ ? 0~' ~ ~ ~3 ~ • ~ T =: .. ~. .,,{I~q{{ I~ I ,t 9 ~• - 75..1"1 1SY Y•• i,i .~•~ Fl~:1ll ~f,'~ ~ .i Y 1 ,. ~. a ioo d) '~ "~ 1 • • ~~ 1B ~€ t Exlo~bit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Exhibit A CITY OF MERIDIAN PLANNING DBI'ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 SCALE: 1 "=4d' NO ACS TO N. ~casN ave ©nsruco ~ to BE RE110VED, SHRUBS AtAt MICBEETHOVEW TO B~ UPS THAN 3' TAU.. NO BERM AT CORNER• _ E. MCJIiW.AN RD PQRTICO PLACE ~UBDIVISI~I~ Drivewray Pfan Lot 17, Block 1 03•/i 9/2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 ~. ~ Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on October 2, 2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2. Prior to the annexation ordinance approval, a Development Bement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at ~$-4433 to initiate this process. The DA shall incorporate the followina• • The existinE direct access to E. McMillan Road from the exisdng house shall be terminated and access to the house shall be taken internally from N Beethoven Avenue; direct lot access to E. McMillan Road is prohibited. • A~O~oot wide landacane b ffer all be nR ailed adiacent to tine ems 'nQ home along E Mc ilian Road: the remainder of the b offer sh 11 be 5-feet wide a reanir d by 1L-2A-6_ In return for approval of be reduced buffer wid h_ +hp g...a;..,,,,t cl.sll nrniri~a 4A~ addition I shrub nd 3 ad itional trees over and above code requirements in the lw McMillan Road street buffer. • Fntnre attAched homes wi in h sub ivisio Il omnly h the levations approved at the City Go nc I hea 'nE on Mar h 6 ~nn7• ~. ~nnv of +~aid enpvati_o_ns .h.n Hn ~_ _e>>~+~pd bit in the bA. f ee F habit A4 of is s aff renort.l 1.2 SITE SPECIFIC REQUIliEMENTS-PRELIlI~TARY PLAT 1.2.1 The preliminary plat labeled as Sheet Pl, prepared by The Land Group, dated October 3, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-052) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-053). 1.2.2 The landscape plan prepared by Jensen Belts Associates on October 6, 2006, and labeled Sheet L1.2 is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.31 of an acre) of the site for useable open space, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • The applicant's request for Alternative Compliance along McMillan Road anal the existing house is approved. Widen the street buffer along McMillan Road on the south side of the existing house from 19 feet to ~ ~Q feet and provide landscaping (shrubs and trees) in the azea where the driveway was proposed to remain. • Except for adjacent to the existing house, provide a 35-foot wide landscape buffer along McMillan Road. • Forty four ad itinn~l hnchec •..d tl~rap= additional treee_ over and above en~p rea irements_ are required to be Rlanted wit in the atre huller along Mcli'~illan ]Boad_ in retarn for the reduced huller width annroved throw h Itpr~a•~t'.~ C~Liance. • A 3-foot wide gravel shoulder and b rrow itch Is reanired long the west aide of 13~eethoven Avenute ~diacent to the nronerty Line within 411 feet of rich! nf_wav nmr reawLrement of ACRD: no landscanin is $ lowed this area ner ACI~_ • .andsean'nQ adiacent to B pthov n Avenue an the west side of .n 17_ Rlnelr,~, shall be desiaaed to meet the clear vision trian~ rl standards ner UD 11 _3A-~ • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Note: A 6 foot wide strap of landscaping is shown along the west side of N. Beethoven Avenue; ACFID's report states that the west side should have a 3 foot wide gravel shoulder and barrow ditch adjacent to the property line within 40 feet of right-of-way (see ACFID report, Site Specific Condition ofApprovad #S). Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 No on-street parking is allowed an N. Beethoven Avenue; install signage accordingly. On- street parking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue; install signage accordingly. 1.2.4 The existing direct access to E. McMillan Road from the existing house shall be terminated and access to the house shall betaken internally from N. Beethoven Avenue. 1.2.5 Remove the graphic depiction of the existing driveway to the existing house and associated notes from flue plat. Place a note on the face of the final plat prohibiting direct lot access to McMillan Road. 1.2.6 The address for the existing house may need to be changed from E. McMillan Road to N. Beethoven Avenue {contact Tricia Biemen, 89$-5500 for more information). 1.2.7 Widen the common lot {Lot 16, Block 1) along McMillan Road on the south side of the existing house from 19 feet tom ~!! feet as ' d by the itv ~~il. The rem finder of he b ff r tha is no adiacen he e~is ns~ how ~ ha 1 be 35 feet in width. .-._._._.._, . Exlu'bit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 1.2.8 All existing buildings on the site that do not meet setbacks shall be removed prior to signature on the final plat. 1.2.9 An 11-foot wide ACRD sidewalk easement is required to be placed on the plat for the sidewalk along E. McMillan Road. 1.2.10 Trash pick-up for the existing house an Lot 17, Block 1 shall be located on N. Beethoven Avenue. 1.2.11 Lot 2, Block 1 does not meet the minimum 40-foot wide street frontage requirement for the R-8 zone; revise plat to meet this requirement. 1.2.12 Fencing installed on the perimeter boundary of Lot 2, Block 1 shall be restricted to 4-foot tall closed vision fencing or 6-foot tall open vision fencing to provide visibility to the common area (Lot 1, Block 1) on the north and east sides of the property. 1.2.13 Permanent perimeter fencing shall be installed along the north boundary of the subdivision in the section where the barb wire fencing currently exists to match the rest of the fencing proposed on the site at the perimeter boundary (6-foot tall solid). 1.2.14 Perimeter fencing must be installed along the boundary of the subdivision prior to issuance of building permits to prevent debris from blowing onto adjacent properties during construction. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.15 1VIaintenance of all common areas shall be the responsibility of the Portico Place Subdivision Homeowners Association. 1.2.16 Include a note on the final plat that Lots 7, 8, 9, and 10, Block 2 and Lots 13,14, and 15, Block 1 shall take access from the proposed common drives and owners of said lots shall maintain the common drive. The common drive easement should also be shown graphically on the plat. Widen the common drive easement shown for Lots 7, 8, 9, anal 10, Block 2, to the edge of Lot 10 to meet the requirement of UDC 11-6C-3D for access to the common drive. All common drives shall meet the requirements of UDC 11-6C-3D. UDC 11-6C-3D7 requires setbacks, and orientation of the lots and structures to be shown on the plat; building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Single-family dwellings shallhave atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. 1.2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS PRELIIVIINARX PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions oz terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6Ii-7. 2. PUBLiC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of a sewer main in E. Roaring Creek Street to the north. There is no direct right-of--way connection to tbds parcel therefore the applicant is proposing extension through a common lot, between a sand and grease trap and infiltration trench. Staff has some concerns of the practicality of excavation so close to the storm drainage facilities. During plan review the applicant shall coordinate with the Public Works Department and acceptable routing of this sewer. This may include, but not be limited to, an extra manhole, reconfiguration of the infiltration trench, removal/replacementlrelocation ofthe sand and grease trap, or placing the sewer main in a sleeve which conforms to the City of Meridian's Standard Specifications. 2.2 The applicant shall install sewer 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 aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in E. McMillan Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9~-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. 2.5 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of public Exhibit B CITY OF MERII)IAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 right of way (include all water services and hydrants). 2.6 The applicant's application indicates the required pressurized irrigation system in this development is to be owned and maintained by Settlers Irrigation District. It is staff s understanding that the p.i. pump station they are proposing to connect to is owned and maintained by the Sheridan Place HOA. Prior to construction plan approval, the applicant shall submit documentation from the Sheridan Place HOA approving connection to this system. Z.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Imgation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (LJDC 11-3A-6). The applicant should be r~uired 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. 2.9 With. the final plat, the applicant shall dedicate a 5-foot wide Public XTtiflities, Drainage and Irrigation easement along all interior lot lines not spanned by an attached unit. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the i'mal plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a Ixve 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 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 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. 2.15 Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature an the final plat. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post OflYCe. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.23 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. 2.24 The engineer shall be required to certify that the street centerline elevations are set a m;nimLm of 3-feet above the highest established Beak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.25 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required om 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 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 No on-street pazking shall be allowed on N. Beethoven Avenue. 3.2 On-street parking shall be allowed only on one side of N. Portico Avenue 8i N. Chopin Avenue. 3.3 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.4 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. 3.5 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and be capable of suppartiuag 75,000 pounds. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 3.7 The proposed 26 lot subdivision with an estimated 2.9 residents per household would have a total estimated populatior- of 75.4 residents at build out. 3. $ The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.9 Where a portion of the facility ar building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved 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). 4. POLICE DEPARTMENT 4.1 The Police Department has concerns with Lots 15 of Block 1 and Lot 8 of Block 2, as they create residences that will be isolated from their surrounding neighbors. 4.2 Any interior fencing on Lot 2, Block 1 shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 Existing house should take access from inside subdivision. 5. PARK$ DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (CTDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the Exhibit B CITY OF MERIp1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGH WAY DLSTRICT 7.1. SITE SPECIFIC CONDITIONS 7.1.1 Construct E. Wlutehawk Street as a 36-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks within 50-feet of right-of--way. 7.1.2 Construct North Chopin Avenue (the stubbing section) as a 29-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks within 42-feet ofright-of--way; and obtain fire department approval for the reduced street section. 7.1.3 Construct N. Chopin Avenue (the primary internal section, abutting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the east side, within 42-feet ofright-of--way; and obtain fire department approval for the reduced street section. 7.1.4 Construct N. Portico Avenue (abutting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the west side, within 42-feet of right- of-way, and obtain fire department approval for the reduced street section. 7.1.5 Construct N. Beethoven Avenue as a half street section with 26-feet of pavement, rolled curb, gutter, and 5-foot attached concrete sidewalk on the east side and 3-foot gravel shoulder and barrow ditch on the west side (adjacent to the property line), within 40-feet ofright-of--way, in compliance with District policy. 7.1.6 Dedicate either 38-feet or 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed (48-feet if the sidewalk is to be located within the right- of-way). Sta, f~`'has spoken with the applicant after the issuance of the original report. It has been determined at this time that aright-of-way dedication of 37 feet from centerline would be acceptable for 11dcMillan Road due to site constraints. If the applicant chooses to dedicate 37 feet of right-of-way, the sidewalk easement should be increased to 11 feet. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHI) right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.1.7 Construct a 5-foot concrete sidewalk no closer than 41-feet from the centerline of McMillan Road to match improvements to the east (Sheridan Place Subdivision). If the sidewalk is located outside of the right-of--way, the applicant should provide a sidewalk easement. 7.1.8 Any existing driveway access to McMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets, to be noted on the final plat. All lot access within this subdivision should be located a minimum of 50-feet from the intersection of any two public streets (measured near edge to near edge). 7.1.9 Construct the stub street to the north, N. Chopin Avenue, approximately 105-feet west of the east property line as a 29-foot street section with rolled curb, gutter, and a 5-foot attached concrete sidewalk within 42-feet ofright-of--way. This street should be signed as follows: "THIS STREET WILL BE EXTENDED IlV TIRE FUTURE." Exhibit H CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 7.1.10 Construct pedestrian pathways (in lieu of sidewalk) across Lot 1 of Block 3, and stripe all intersections of walking paths as cross walks (from the end of path to the adjacent public sidewalk). 7.1.11 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers} for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. Am engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 3$7-6190 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 izt 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 restrictioxts 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. Exhibit ~ CITY OF MERIbIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 8. CENTRAL DISTRICT HEAX.TS bEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal far central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare. 8.3 Run-aff is not to create a mosquito breeding problem. 9. YDAIiO P,QWER COMPANY 91 Idaho Power, upon receipt of a formal request, may possibly need to upgrade existing infiastructure in order to provide electrical services to this development. 9.2 There is an existing 13 $ kV line so Idaho Power requests a 25 foot setback from the center of the line beano building zone. 9.3 The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. Exhibit B CITY OF MIJRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF JANUARY 23, 2007 C. Legal Description & Exhibit Map ~~~ ~rrv~i.u+~mr~xua ta~,,auran~ EXHIBITA - Rezone sand MneacafPon DescNp~ian for Portico, LLC Jab No. C40B7 '101212006 Lane in tfiB 8W7/4 oT the 8W1M of SedGon 28. T4N, R1 E, B.M.,. CItY of AAetidien, Ada'Caunlyi, ktaho, dead es follows C08HAENt.ING at ttte soutlnn~ast•Corrier of maid SWi/4 t~u+lfiweet vainer tlt'Se~!'an 28?, m~iced by a tirtarea'cep as Per lamer Perp~uatlon t?ecarYi, Iget, Na. X117251: Oter-ce, akmg the Smith LIB.#•said Seatlon Z9. South 8S'12'28' East, 48.5.80•fe®f to tRe PQWT OR BEOtNNINq; ~ . itierice No-th 02°12'41' East, 884.46 feet< thence 8auth 89°2b'43" East, 339.18 fBalrto afound 5/8 ir,zit.retlar wlrlti a Rt~tic:caP.~msulieat `Ptti 4431' and b96tg ~ angle po~if an the•botot~®ry at Stietkiart Place 8kibdhdsian, as per the Plat thereat, in Book 9Z, at Paga 10886, Ada t,.fluirty, hlahp Pit tieoards; thence aloulg s6id Subdhrisiaf botuxtary., South 02°16'63" West. 88$.28 ieatto 8 ft>'urni 6i8 inch nttbar~wfq> a plastFa:Cap rrtaiked °PI 84431".on the Soirt?I Une~of said SeaBion 2B, said rabeu' ~~ ~ '1Re:d PoUtt ~ ~e~nltlg' on t#ia Piet•ot safd Pfiaoe g~~ thence along said South Section Lira, NorO- 89°1x'28' Weal: 338.S5fe~ to the POINT dF t3E(91NNINQ Coi~alrting 6-17' scree Ar 225.24 st7t~era 1~ef. more ar lass, end subJact Lo arty or r~hts-cf~ray of rscgM ar o~ea,a~ng. ~~~~ OCT 19 T,0~6 ~ a'-z • caS Tre~aara Yedey.~a~lnee- . /ne. 1204 6~, Strcei Naifi kar^I~, tMho83687 OS]cc C,~)~I63-U~US Fat:.( 453;4391 wWm.TYEtnc.ckm Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 ~~ ~~ a~~- fi ~ ~•~ ~~,~ F~~w C7 ~~~ ~~~ i t/.1 'D. t ~ ~~~ 1 ~~ I ~~ ~~ .. ~~ ~. (~' 1~ ~4 ~~ ~, a N ;!1 . ~ .. Z ~~ . !wt'tlltr.69.vXs~t~~srae icJGd1ca.¢~ssrt~ ~ ~~ r ,~ .~ o s ,~., ~..:~. ~ ~~, ~,. alp e ~~ ,'1, f 1 ~ .,~ t ~R~ ~ ~., ~6 J ~-,. • a'' .i .~ ,~ -. i Exhibit C CITY OF M$RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ANUARY 23, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigat$on and shall, at the public hearing, review the application. In order to grant an annea:ation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendme~ complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that single-family residential dwellings are allowed within the requested zoning district of R-8 as Principal Permitted TJses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the proposed attached and detached dwellings. 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 finding. 4. The map amendment shall not result in an adverse impact upon the delivery of serntces 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 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 will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. Tn accordance with the findings listed above, The City Council finds that Annexation and 7Aning of this property to R-S would be in the best interest of the City, 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 plat is in substantial compliance with the adopted Comprehensive Plan. The City Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of Exhibzt D CITY OF 1vIERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OF .IANUARY 23, 2007 the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section $, of the Staff Report. Z. Public services are available or can be made available and are adegaate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own 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, ACfID, etc.) to determine this fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. G. 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 features) of major importance of which staff is unaware. Exhibit D March 23, 2007 PP 06-053 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT POrfICO, LLC ITEM NO. 5-F REQUEST Findings for Approval -Request for Preliminary Plat approval of 26 single- family residential building lots and 3 common/other lots on 5.17 acres in a proposed R-8 zone for Portico Place Subdivision - 1780 E. McMillan 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 Findings In AZ Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 :~ ~~ ~ ;' F$ ~, a~:eg-ao ,~ ~~ rf~ In the Matter of Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat (PP) of 26 Single-family Residential Building Lots and 3 Common Lots for Portico Place Subdivision. Case No(s). AZ-06-052 & PP-06-053 For the City Council Hearing Dates of: January 23, 2007; February 6, 2007; & March 6, 2007 (Findings on the March 27, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 23, 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-06-052 & PP-06-053 ~- o 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 23, 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, 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 Ciry 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 By action of the City Council at its regular meeting held on the ~ ~ ~ day of !i , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~l~/ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ;~ William G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED ~~~~~ VOTED__~~~ VOTED__~~~ VOTED Mayor T , ~ -~ Weerd ~~~ der ~,~ -® {~ ~~~ ;rk = ~~ The Planning ~~p~ d . ,~ . ~~~,~I~l~blic Works Department and City f BY~ C~ ~~'~ ~~~~- ~' Dated: ~' -~`-1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-052 & PP-06-053 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 STAFF REPORT Hearing Date: January 23, 2007 TO: Mayor & City Council FROM: Sonya Wafters Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Portico Place Subdivision • AZ-06-052 ~3 1~ ,, ` ~ j ~~Q~ ~~,,~r~;~r ~"~~i~ _ ,~ !~ ~s~o d,~ ~~~. Annexation and Zoning of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-053 Preliminary Plat of 26 single-family and townhouse building lots and 3 common lots on 5.17 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Portico, LLC, has applied for Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision. Alternative Compliance is also being requested for a reduction to the street buffer width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home. The site is located at 1780 E. McMillan Road, on the north side of McMillan Road, just east of the intersection of Locust Grove and McMillan Roads, in Section 29, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Number 50529336250. 2. SiJNIMARY RECOMMENDATION The subject applications (AZ-06-052 and PP-06-053) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of AZ-06-052 and PP-06-053 and the request for Alternative Compliance for Portico Place Subdivision as presented in the staff report for the hearing date of December 21, 2006, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on December 21, 2006. At the uublic hearing they moved to recommend auuroval. a. Summary of Commission Public Hearin i. In favor: Ron Sargent (auulicant/owner) ii. In ouuosition: None iii. Commenting: None iv. Staff uresenting auulication: Sonya Wafters v. Other staff commenting on auplication: Caleb Hood b. Key Issues of Discussion by Commission: i. Retention of e~sting access to McMillan Road for resident of e~sting house c. Key Commission Changes to Staff Recommendation: i. Require a Develoument Agreement that will include a urovision fora 35-foot wide landscaue buffer to be installed along McMillan Road when Lot 17, Block 1 re-develous, re-subdivides, or modifications to the building/lot are made that requires a building uermit, and requirement for the existing Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 1 !~ O CITY OF MERIDIAN PLANNING DEP TMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 d. for ;~ Portico Place Subdivision AZ-06-052, PP-(#6-053 PAGE 2 CITY OF MERIDIAN PLANNING DEP TMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 11. 111. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-052 and PP-06-053 as ~ resented in the staff report for the hearing date of January 23, 2007, with the following mo ifications to the conditions of approval: (Add any proposed modifications.) i Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 052 and PP-06-053 as presented during the hearing on January 23, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff applicant and public testimony, I move to continue File Numbers AZ-06-052 and PP-06-053~ 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 PROPEI'~TY FACTS a. Site Address/Location: 1780 E. McMillan Road Section 29, T4N, R1E ~' Tax Parcel: S05293362~0 b. Applicant /Owner: Portico, LLC 1883 N. Wildwood venue Boise, ID 83713 c. Representative: Ron Sargent, Portico, LLC d. Present Zoning: RUT (Aida County) Portico Place Subdivision AZ-06-052, PP-Ofd-053 PAGE 3 • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request:: The applicant has applied for Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision.. The building lots consist of 20 attached units, 5 detached units, and 1 existing detached home. The proposed gross density for the subdivision is 5.03 dwelling units per acre with a net density of 6.98 dwelling units per acre. A gazebo, pathway, and parking areas are proposed within the common area located centrally within the subdivision. Alternative Compliance is also being requested for a reduction to the street buffer width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home. 1. Date of Preliminary Plat, Sheet P1 (attached in Exhibit A): October 3, 2006 2. Date of Landscape Plan(s), Sheet L1.1 and L1.2 (attached in Exhibit A): October 6, 2006 g. Applicant's Statement/Justification: Per the narrative submitted by the applicant, the applicant is requesting annexation and zoning of 5.17 acres to R-8 and preliminary plat approval of 26 building lots consisting of single-family detached and attached homes with 3 common lots. Alternative Compliance is requested for a reduction to the required buffer width along McMillan Road from 35 feet to 25 feet along the south side of the existing home. As an alternative to the width, 42 additional shrubs and 3 additional trees beyond the required amount are proposed within the McMillan Road landscape buffer. The applicant is also requesting that the current resident, Mrs. Buckley, continue to have direct vehicular access from McMillan Road to her garage until such time as she no longer lives there. At that time, the direct access would be eliminated and the house would be accessed solely by N. Beethoven Avenue, an internal street. To guarantee that the access point to McMillan Road would be removed and landscaping installed in the area where the driveway was, the applicant has agreed to submit a cash surety to the City to be held until the applicant removes the driveway and installs the required landscaping in the street buffer. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 4, 2006, and December 18, 2006 (Commission); January 1, 2007 and January 15, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: November 22, 2006 (Commission); December 29, 2006 (City Council) e. Applicant posted notice on site by: December 8, 2006 (Commission); January 8, 2007 and February 15, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single-family rural residential b. Description of Character of Surrounding Area: A mix of single-family residential uses and rural residential county land. This area is rapidly transitioning from rural to urban. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 c. Adjacent Land Use and Zoning: 1. North: Vacant land, zoned RUT (Ada County) and single-family residential (Sheridan Place Subdivision), zoned R-8. 2. East: Single-family residential (Sheridan Place Subdivision), zoned R-8. 3. South: McMillan Road and Idaho Power Substation, zoned R-8. 4. West: Rural residential properties, zoned Rl and RUT (Ada County). NOTE: The parcel directly on the northeast corner of McMillan Road and Locust Grove Road is currently requesting annexation and L-O zoning in the City (Woodland Springs). There is one parcel between Portico Place and Woodland Springs. d. History of Previous Actions: NA e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This development is proposing sewer service via extension of a sewer main in E. Roaring Creek Street. Location of water: This development is proposing water service via extension of mains in E. McMillan Road. Issues or concerns: There is no direct right-of--way connection to this parcel in the location of the sewer main therefore the applicant is proposing extension through a common lot, between a sand and grease trap and infiltration trench. Staff has some concerns of the practicality of excavation so close to the storm drainage facilities. 2. Vegetation: Landscaping and trees around the existing house 3. Floodplain: NA 4. Canals/Ditchesllrrigation: No major facilities are located on this site, however all ditches on this property shall be tiled per City Code. See Exhibit B below. 5. Hazards: NA 6. Proposed Zoning: R-8 7. Size of Property: 5.17 acres f. Subdivision Plat Information: 1. Residential Lots: 26 (20 attached units, 5 detached units, and 1 existing detached home) 2. Non-residential Lots: 0 3. Total Building Lots: 26 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.17 acres Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 9. Gross Density: 5.03 units per acre (Net density: 6.98 units per acre) 10. Lot Sizes: Lot sizes range from 4,000 square feet to 7,054 square feet with one large lot of 20,142 square feet (where the existing house is.) g. Landscaping: 1. Width of street buffer(s): 35 feet required along E. McMillan Road; 25 feet proposed along south side of existing house through Alternative Compliance. Forty-two additional shrubs and three additional trees beyond the required amount are proposed along the entire length of the McMillan Road landscape buffer in return for the reduced buffer width. Landscape buffers along streets shall comply with UDC 11-3B- 7. See below for analysis regarding the proposed alternative compliance. 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 0.56 acres or 10.8% (6% usable open space) 4. Other landscaping standards: Landscaping must be provided within the street buffer along E. McMillan Road and within the common lot on Lot 1, Block 3 in accordance with UDC 11-3B-7 Landscape Buffers Along Streets and 11-3G Common Open Space Requirements. h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings. R-8 Dimensional Standards (in feet) Setbacks Proposed Required Front Living Area (from back of sidewalk) 15 15 Side Accessed Garage (from back of sidewalk) 15 15 Front Accessed Garage (from back of sidewalk) 20 20 Side (5' public utility 8t drainage easement is required) 4 4 Rear 12 12 Frontage (detached, with garage facing street) 50 50 Frontage (detached, with shared driveway) 40 40 Frontage (attached) 40 40 LOt Size (detached, w/garage facing the front property line) 5,000 5,000 Lot Size (attached and detached w/shared driveway) 4,000 4,000 Maximum Building Height 35 35 * No changes to the dimensional standards in UDC Table 11-2A-S were requested. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be provided from E. McMillan Road via N. Beethoven Avenue, a proposed public street. The existing home currently has direct access to E. McMillan Road and is requesting to keep this access until such time as the current resident no longer lives there. A secondary access is also proposed to N. Beethoven Avenue for the existing home, creating asemi-circular driveway. The Planning Department, the Police Department, and ACHD are not supportive of the retention of the existing access to McMillan Road. A stub Portico Place Subdivision AZ-06-O52, PP-06-053 PAGE 6 ~ o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 street for future connectivity is provided at the north boundary from N. Chopin Avenue for access to the undeveloped County parcel to the north. In general, Staff is supportive of the proposed roadway design except for the proposed direct lot access to McMillan Road for the existing home. 7. COMMENTS MEETING On December 1, 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. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary Plat includes 26 single-family lots on 5.17 acres for a gross density of 5.03 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer s expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 7 ~ o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 The applicant is proposing a residential zone. Staff finds that the proposed development is compatible with the existing residential uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping and fencing is proposed and will be provided on the site in accordance with UDC 11-38 and UDC 11-3A-7as shown on the landscape plan submitted with the application. Signage for the subdivision is required to comply with UDC I1-3D and will require separate sign permit approval. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed to temporarily retain the existing access to McMillan Road for the existing house. However, Staff is requesting that the access be terminated and access to the house be provided solely from N. Beethoven Avenue, in compliance with the Comprehensive Plan, and at the request of the Meridian Police Department, and ACfID. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Six foot tall solid fencing is proposed along the west, east, and south boundaries per the landscape plan. The existing fencing, consisting of barb wire and a small section of 6 foot tall cedar fencing, along the north boundary is proposed to remain; However, Staff is requesting that the existing barb wire section be replaced with fencing to match the rest of the fencing on the site). Perimeter fencing is required to be installed prior to issuance of building permits (see Section 10 below and Exhibit B). Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 medium-density zoning designation. The subject property is located adjacent to land zoned R-8 and land zoned RUT (rural urban transition) in Ada County. The applicant is proposing both attached and detached units, which Staff believes will provide the City with a variety of housing types. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal N, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 6% usable open space located centrally within the subdivision with a gazebo, walking paths, and parking areas. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street is proposed at the north boundary which will provide future connectivity for the property to the north when it develops. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family attached and detached dwellings as principal permitted uses in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on October 2, 2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff is not recommending that a DA be entered into at this time. However, the Commission and Council may require a DA if they deem it necessary at the public hearing. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the R-8 zone per UDC Table 11-2A-5: All proposed lots, except for Lot 2, Block 1, meet the dimensional requirements of the R-8 zone for property size & street frontage. Lot 2, Block 1 does not meet the minimum 40-foot street frontage requirement; Staff has included a condition that the plat be revised to meet this requirement (see Exhibit B). The lots along the east boundary that abut Sheridan Place Subdivision average about 4,415 square feet; the abutting lots in Sheridan Place Subdivision average about 8,543 square feet, with the largest lot being 15,420 square feet at the southwest corner. All of the proposed lots along the east boundary will be for attached dwellings. All lots shall meet the minimum setback & maximum building height requirements stated in UDC Table 11-2A-5 and #6h above. NOTE: Alternative Compliance is requested for a reduction in the street landscape buffer width along E. McMillan Road, an Entryway Corridor, from 35 feet to 25 feet for the portion on the south side of the existing house. See Alternative Compliance below for analysis. Landscaping: Two landscape plans were submitted for this project, Sheet Ll.l labeled "No McMillan Access" and Sheet L1.2 labeled "McMillan Access". Sheet L1.2 is not approved. The landscape plan prepared by Jensen Belts Associates, on 10-06-06, Sheet L1.2 "No McMillan Access," is approved with the following modifications/notes: Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 • Widen the McMillan Road landscape buffer from 19 feet to 25 feet in front of the existing house (as mentioned in the narrative letter). Construct the McMillan Road landscape buffer in accordance with the UDC requirements, as amended with the Alternative Compliance request. Provide landscaping (shrubs and trees) in the area where the driveway was proposed to remain. • Per UDC 11-3G-3A, set aside at least 6% (0.31 of an acre) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Note: A 6 foot wide strip of landscaping is shown along the west side of N. Beethoven Avenue; ACFID's report states that the west side should have a 3 foot wide gravel shoulder and barrow ditch adjacent to the property line within 40 feet of right-of-way (see ACFID report, Site Specific Condition of Approval #5). Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Common Areas/Open Space: The applicant has provided 0.31 acres (6%) of landscaped usable open space, meeting the 5% minimum required by UDC 11-3G-3A-1. A 13,520 square foot common area is proposed within the center of the development with a gazebo, pathway, and parking areas located at each end of the common area. Maintenance of all common areas shall be the responsibility of the Portico Place Subdivision Homeowners Association. Staff is supportive of the proposed open space and landscaping shown on the landscape plan with the conditions of approval listed in Exhibit B. Alternative Compliance: Alternative Compliance is requested for a reduction to the required buffer width along McMillan Road from 35 feet to 25 feet along the south side of the existing home. Due to the current location of the home, the buffer width would go right up to the existing structure. In return for the reduced width, 42 additional shrubs and 3 additional trees beyond the required amount will be planted along the entire length of the McMillan Road landscape buffer. Staff is supportive of the request for Alternative Compliance and the applicant's proposal to provide additional landscaping. Common Drives: Lots 7-10, Block 2 and Lots 13-15, Block 1 shall be accessed by common drives and the owners of said lots shall be responsible for the maintenance thereof. Staff recommends approval of the common drives shown on the plat and has included conditions of approval for said common drives in Exhibit B. All common drives shall meet the requirements of UDC 11-6C-3D. Access: Access to the subdivision is proposed from E. McMillan Road via N. Beethoven Avenue. No on-street parking is allowed on N. Beethoven Avenue, as it is a reduced street section. On-street parking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue, which connect to Beethoven Avenue. No parking signs shall be installed accordingly. Access to the existing house is proposed to remain temporarily from E. McMillan Road until the current resident no longer lives there. An additional access is also proposed to N. Beethoven Avenue for the existing house. Staff is not supportive of Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 the request to retain the existing access to McMillan Road for Lot 17, Block 1 because the Comprehensive Plan (limits access to arterials), the Police Department, and ACHD are not supportive of additional access points onto arterial roadways other than those required for subdivision access (see Section #8 above and Exhibit B). Also, an additional access point for the existing home would be located approximately 45 feet from the access point for the proposed subdivision (N. Beethoven Avenue). If approved, this would potentially create a safety hazard for traffic exiting/entering either of the access points at the same time. Elevations: The applicant has submitted several examples of single-story typical elevations for the attached and detached units proposed in this subdivision. Staff recommends approval of the proposed elevations; however, Staff is concerned about the layout and access of the attached unit proposed on Lot 7, Block 2. This lot is required to take access from the common drive and the other half of the attached unit, Lot 6, will take access from N. Portico Avenue. Staff recommends that the applicant bring, to the Commission hearing, a site plan showing the footprint of the homes on Lots 6 and 7 and elevations of the homes that show how these homes will look from the street. The applicant provided a site elan at the Commission meeting showing how Lot 7, Block 2 would access the common drive (the driveway curves slightly to the common drive ; no elevations were provided. as the footprint of the building is not affected. 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 Stub Streets: The applicant should be required to provide a public stub street to the property to the north (Parcel #S0529336100) as proposed on the plat. A temporary turn- around is not required as the length of the stub does not exceed 150 feet in length. Existing Residence: The site currently contains an existing residence located on Lot 17, Block 1 that is proposed to remain. The existing home meets the setback requirements of the requested zone. The applicant has stated to Staff that the existing house will remain on the site after the current resident no longer resides there. Direct lot access for the existing residence to E. McMillan Road is not supported by Staff, the Police Department, and ACRD. Access should be taken internally from N. Beethoven Avenue. Fencing: Six-foot tall solid perimeter fencing is shown on the landscape plan at the west, east, and south boundaries. The existing fencing is proposed to remain along the north boundary, which consists of barb wire with a small section of 6-foot tall cedar fence. However, Staff is requesting that the applicant provide fencing to match the rest of the fencing proposed on the site where the barb wire fence currently ezists as UDC 11-3A-7A3 does not allow barb wire fencing in the R-8 zone. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. All perimeter fencing must be installed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06- 052 and PP-06-053 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications, and the request for Alternative Compliance, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on December 21 2006 At the Aublic hearing they moved to recommend aAUroval he Meri ian itv ounc'1 heard thpc :tpm lfl. EXHIBITS A. Drawings 1. Preliminary Plat (Dated: October 3, 2006) ~~ 3. Landscape Plan - Sheet L1.2 (Dated: October 6, 2006) - No McMillan Access B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Power Company C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 A. Drawings 1. Preliminary Plat m M IUD 9 .~~~arn -0f30i1 ~A1TV °~"Mf'frePly a [~ 8L@U" e#dK#i.~eU+~q °~Mafa':yusu m a~arroe lea ~ ~ p~ t~t~~ ~ ~~-~~ ~~~ e at ~!~}1 ~ i' a f , i~~ ~ii~ ! -~ + ~ ~ {~~~1 ~~~ ~,D~f:FStf£$°~ '~`+11 9ise.ld3}~~7 ~~ m ~; , ,., ~ iII~ ctl$ ! h~l.eta6.~e t' a ~--fe• uR.a„e+# ~ ~i~il t~s I!~ i~ i~!~~~~ _~ _ _~I ~, - ~~ ~ , , ~j 1 1 ~~ ~+ ~ ~ q .~ K +'y v =r ~. "'i n b ~ ~tlJ ~rafc. ~ r ~ ~ .~ f 1t" '~. r~ G~" ~, ~:j Is ~g~_.~ ~~- _~ ~ a ~,,~, `u ~ ~ i C.7 ¢ ~ J fl ~ ~, ~ ~ ~. r ~ ~ _I ~ -.,. ~r I i a o r-- ~ ±,yf 4 I ~~ ~ .~' 9 w[~!!~ 9~F ~ $• I' t~ , ~ ~' 1` ~ - g ~ t ~ ~ o J j + tI (a ~ p e i iii ~ j ~ ~ ~~~ .~ - • u p Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Exhibit A CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 3. Landscape Plan - Sheet L1.2 (No McMillan Access) ~~ < <. `i. I0 _! ~~ ~~ i ~i ~I A ~ 91~~ p ~~ ~ ~ . ~ I ~ g 9 ~yyMMy~~j I` ~ ~ ~ Y; 7p}, I if.~ ~ ~ L. ~ ~ ~ ~ ill eh fit 21 ~#~E~ n. i.PA #A ~~ , ^~ ~ e ~ ~ ~ QTY ~ ~ ~ ~ ~ q gg~~ ~~~~ ~~ ~ ~ ~~ ~ • u. i ~'. Exhibit A ~ o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 ~.:./ SCALE: 1 "=40' PROPOSED o DRIVEWAY - ACCESS TO N. _ BEETHOVEN AVE :~ ~ ,~' ~ 17 _ Q NO ACCESS TO N. j ~-'°:_;"; - BEETHOVEN AVE I E~QSIING HOUSE EXISTING TREE TD BE REMOVED, SHRUBS AT CORNER QF McMILLAN AND BEETHOVEN TO BE LESS THAN 3' TALL, NO BERM AT CORNER to E MC+'aIILLAN RD PORTICO PLACE SUBDIVISION Driveuvay Plan Lot 17, Block 1 03/19 f 2007 Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on October 2, 2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the followins: • The existing direct access to E. McMillan Road from the existing: house shall be terminated and access to the house shall be taken internally from N. Beethoven Avenue; direct lot access to E. McMillan Road is prohibited. • 30-foot wide landscape buffer shall be insta led adiacent to the exi tins home slop cMillan Road: the remainder of the buffer shall be 35-feet wide as rea sired by L1DC 1-2A-6. In return for approval of the reduced buffer width. the app icant cha 1 provide 44 additional shrubs and 3 additional trees over and above code requirements in the McN iLllan Road street buffer. • The north side of the driveway from Lot 17, Block 1 to Beethoven Avenue sha 1 be located 50 feet south of White Hawk Street. • The driveway on Lot 17. Block 1 shall be designed with a turn around so that vehicle .ot 17 wL be pulling out onto Beethoven rather than back nnt, A drawing o ' driveway and turnaround shall be included as an Exhibit 'n the DA. ( ee hibi A5 of this staff report.l • Future attached homes within the subdivision shall comply wit the elevations approved at the Citv Council hearing on March 6.2007: a cony of said elevations shall he included as an exhibit in the DA. (See Exhibit A4 of this staff report) 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P1, prepared by The Land Group, dated October 3, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-052) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-053). 1.2.2 The landscape plan prepared by Jensen Belts Associates on October 6, 2006, and labeled Sheet L1.2 is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.31 of an acre) of the site for useable open space, as proposed. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • The applicant's request for Alternative Compliance along McMillan Road and the existing house is approved. Widen the street buffer along McMillan Road on the south side of the existing house from 19 feet to ~ ~Q feet ' ~~ and provide landscaping (shrubs and trees) in the area where the driveway was proposed to remain. • Except for adjacent to the existing house, provide a 35-foot wide landscape buffer along McMillan Road. • ~~y_four additional bushes and three additional trees over and above code ~guirements, are required to be planted within he ctr .e* hnffer along Mc illan oad in return for the reduced buffer width anuroved through Alternative C~nliance. • A~-foot wide caravel cho old .r and harrow di rh is rewired along the west side of Beethoven Avenue adiacent to the p~p~y line within 40 feet of right-of-wav ner requirement of ACl®: nolandscunin~ is allowed in this area uer ACHD. • L.andscanin~ adiacent to Beethove~Avenu_e on the west side of Lot 17. Block 1 shall be desiun_ed to meet the clear vision triangle standards ner UDC 11-3A-5 so that vehicles exiting Lot 17 are clearly visible to traffic trave ins on Beethoven. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Note: A 6 foot wide strip of landscaping is shown along the west side of N. Beethoven Avenue; ACfID's report states that the west side should have a 3 foot wide gravel shoulder and barrow ditch adjacent to the property line within 40 feet of right-of-way (see ACID report, Site Specific Condition of Approval #S). Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.3 No on-street parking is allowed on N. Beethoven Avenue; install signage accordingly. On- street parking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue; install signage accordingly. 1.2.4 The existing direct access to E. McMillan Road from the existing house shall be terminated and access to the house shall betaken internally from N. Beethoven Avenue. 1.2.5 Remove the graphic depiction of the existing driveway to the existing house and associated notes from the plat. Place a note on the face of the final plat prohibiting direct lot access to McMillan Road. 1.2.6 The address for the existing house may need to be changed from E. McMillan Road to N. Beethoven Avenue (contact Tricia Biernen, 898-5500 for more information). 1.2.7 Widen the common lot (Lot 16, Block 1) along McMillan Road on the south side of the existing house from 19 feet tom ~Q feet as as approved by the Citv Council. The remairideLQf~he hnffer that is nn adiacent to the existin hou a hall be 35 feet in width. Exhibit B • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 1.2.8 All existing buildings on the site that do not meet setbacks shall be removed prior to signature on the fmal plat. 1.2.9 An 11-foot wide ACRD sidewalk easement is required to be placed on the plat for the sidewalk along E. McMillan Road. 1.2.10 Trash pick-up for the existing house on Lot 17, Block 1 shall be located on N. Beethoven Avenue. 1.2.11 Lot 2, Block 1 does not meet the minimum 40-foot wide street frontage requirement for the R-8 zone; revise plat to meet this requirement. 1.2.12 Fencing installed on the perimeter boundary of Lot 2, Block 1 shall be restricted to 4-foot tall closed vision fencing or 6-foot tall open vision fencing to provide visibility to the common area (Lot 1, Block 1) on the north and east sides of the property. 1.2.13 Permanent perimeter fencing shall be installed along the north boundary of the subdivision in the section where the barb wire fencing currently exists to match the rest of the fencing proposed on the site at the perimeter boundary (6-foot tall solid). 1.2.14 Perimeter fencing must be installed along the boundary of the subdivision prior to issuance of building permits to prevent debris from blowing onto adjacent properties during construction. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.15 Maintenance of all common areas shall be the responsibility of the Portico Place Subdivision Homeowners Association. 1.2.16 Include a note on the final plat that Lots 7, 8, 9, and 10, Block 2 and Lots 13,14, and 15, Block 1 shall take access from the proposed common drives and owners of said lots shall maintain the common drive. The common drive easement should also be shown graphically on the plat. Widen the common drive easement shown for Lots 7, 8, 9, and 10, Block 2, to the edge of Lot 10 to meet the requirement of UDC 11-6C-3D for access to the common drive. All common drives shall meet the requirements of UDC 11-6C-3D. UDC 11-6C-3D7 requires setbacks, and orientation of the lots and structures to be shown on the plat; building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Single-family dwellings shall have atwo-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. 1.2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of a sewer main in E. Roaring Creek Street to the north. There is no direct right-of--way connection to this parcel therefore the applicant is proposing extension through a common lot, between a sand and grease trap and infiltration trench. Staff has some concerns of the practicality of excavation so close to the storm drainage facilities. During plan review the applicant shall coordinate with the Public Works Department and acceptable routing of this sewer. This may include, but not be limited to, an extra manhole, reconfiguration of the infiltration trench, removaUreplacement/relocation of the sand and grease trap, or placing the sewer main in a sleeve which conforms to the City of Meridian's Standard Specifications. 2.2 The applicant shall install sewer 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. 2.3 Water service to this site is being proposed via extension of mains in E. McMillan Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 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. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public Exhibit B • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 right of way (include all water services and hydrants). 2.6 The applicant's application indicates the required pressurized irrigation system in this development is to be owned and maintained by Settlers Irrigation District. It is staff's understanding that the p.i. pump station they are proposing to connect to is owned and maintained by the Sheridan Place HOA. Prior to construction plan approval, the applicant shall submit documentation from the Sheridan Place HOA approving connection to this system. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.9 With the final plat, the applicant shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines not spanned by an attached unit. 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 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 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. 2.14 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. 2.15 Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 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. 2.23 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. 2.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.25 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 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 No on-street parking shall be allowed on N. Beethoven Avenue. 3.2 On-street parking shall be allowed only on one side of N. Portico Avenue & N. Chopin Avenue. 3.3 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of Z hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.4 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. 3.5 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and be capable of supporting 75,000 pounds. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 3.7 The proposed 26 lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 75.4 residents at build out. 3.8 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 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). 4. POLICE DEPARTMENT 4.1 The Police Department has concerns with Lots 15 of Block 1 and Lot 8 of Block 2, as they create residences that will be isolated from their surrounding neighbors. 4.2 Any interior fencing on Lot 2, Block 1 shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 Existing house should take access from inside subdivision. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC CONDITIONS 7.1.1 Construct E. Whitehawk Street as a 36-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks within 50-feet ofright-of--way. 7.1.2 Construct North Chopin Avenue (the stubbing section) as a 29-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks within 42-feet of right-of--way; and obtain fire department approval for the reduced street section. 7.1.3 Construct N. Chopin Avenue (the primary internal section, abutting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the east side, within 42-feet of right-of--way; and obtain fire department approval for the reduced street section. 7.1.4 Construct N. Portico Avenue (abutting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the west side, within 42-feet of right- of-way, and obtain fire department approval for the reduced street section. 7.1.5 Construct N. Beethoven Avenue as a half street section with 26-feet of pavement, rolled curb, gutter, and 5-foot attached concrete sidewalk on the east side and 3-foot gravel shoulder and barrow ditch on the west side (adjacent to the property line), within 40-feet ofright-of--way, in compliance with District policy. 7.1.6 Dedicate either 38-feet or 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed (48-feet if the sidewalk is to be located within the right- of-way). Staff has spoken with the applicant after the issuance of the original report. It has been determined at this time that aright-of-way dedication of 37 feet from centerline would be acceptable for McMillan Road due to site constraints. If the applicant chooses to dedicate 37feet of right-of-way, the sidewalk easement should be increased to 11 feet. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.1.7 Construct a 5-foot concrete sidewalk no closer than 41-feet from the centerline of McMillan Road to match improvements to the east (Sheridan Place Subdivision). If the sidewalk is located outside of the right-of--way, the applicant should provide a sidewalk easement. 7.1.8 Any existing driveway access to McMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets, to be noted on the final plat. All lot access within this subdivision should be located a minimum of 50-feet from the intersection of any two public streets (measured near edge to near edge). 7.1.9 Construct the stub street to the north, N. Chopin Avenue, approximately 105-feet west of the east property line as a 29-foot street section with rolled curb, gutter, and a 5-foot attached concrete sidewalk within 42-feet ofright-of--way. This street should be signed as follows: "THIS STREET V6~ILL BE EXTENDED IN THE FUTURE." Exhibit B • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 7.1.10 Construct pedestrian pathways (in lieu of sidewalk) across Lot 1 of Block 3, and stripe all intersections of walking paths as cross walks (from the end of path to the adjacent public sidewalk). 7.1.11 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five yeazs 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 Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze 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. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare. 8.3 Run-off is not to create a mosquito breeding problem. 9. IDAHO POWER COMPANY 9.1 Idaho Power, upon receipt of a formal request, may possibly need to upgrade existing infrastructure in order to provide electrical services to this development. 9.2 There is an existing 138 kV line so Idaho Power requests a 25 foot setback from the center of the line beano building zone. 9.3 The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. Exhibit B ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 C. Legal Description & Exhibit Map V ,~~_.-._ ExwiBiT ~ _ Rezone and Annexation Description for Portico, LLC Jab No. 040#!7 1012J2oo8 Land in the 5VV9J4 of file SW1/4 of Sectlart 28, T4N, R1 E, B;AA., t~ty of AAAeddian, Ada Caurity, Idaho, described as follows: tENCAVG st the Sotathwrresttomer of said SW1i4 {Southavest comer of Sec~on 29), marked try a brace cap as par comer perpetuation record, Inst. No. 98197251; thence, along tho Sau8h Line of -said Section 29. South 89°12`28° East, 485.60 feet #o the Pt]INT OF BEOUVAUNG; thence North 02'°72'41 ° East, 684.45 feet; thence South 89'20'43° East, 339.99 feet, to a found 5B inch rebarwith a plastic ~ nmrked `PLti 4439° and being an angle pant on the boundary of Sfterialan Plate SubdiWsion, ~ par the Plat thereof, in Book $2, at Page 1488fi, Ada Cr~urtty, Idaho Plat Recordsi thence along said Sulydivi~n boundary, South 02°913'53° West, 885.28 feetto a frond 5i8 inch rabar~ith a plastic cap marked "RLS 4939° on the South Ltna df saki Section 28, said caber marking the "Real Point of Beglnedng° on the Plat of saki Sharfdan Place Sultan; thence along said Satoh Section tine, North 89°12'28° West, 338.55 teat, to the Pt3tT1'r DF ~Et3fNNINt3; Cattalrting 5.17 aGieB or 225,224 square feet, more or less, and subject to arty easertrents or rights-of-weir of record csr otherwise axistfng. R OVAL tom' QC3 ' ~ ~ t t~-a,v6 i*.+sm~HP~ 1'IeeelTBr°awgssa,.°y~huii~ra~g,l~s~mcs° asaoe ens R~~- ~~' Trraspre VaIIPy ~agPnearc, Tuc. s 2a4 6`~. Street Noah Pd~n~, 18ahc1S36S7 ~frltt: J?.{&S) 943-63fl3 Fax:• 4,~U8J A63-~.3~1 ~vw•cc.TV6lnc:eom Exhibit C ~- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 .~ o~ .~ ~~ ~~ ~~:~ ~: ~~r Q aea r t ~° ~~Q ~~ .~ ~~A ~~ ~ .~ ~. ~~= i ~ ~~ 1 ~~' as t~ a qj i~ zy F~ ,~ ~, F ,~ l ~, ~, ~ ~~~ . ~, ~m r ~~ tsXa~{,a~ss~H~cva.~`sr~ [s~fae~.sa.5~;~,s,^J ,a ..^.s .sc .za s 94 3 l~ ~ ; ~, ~~ ~ ~~ _~ ~~~~ ~~~` ~rl a I u. m Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 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 R-8. 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that single-family residential dwellings are allowed within the requested zoning district of R-8 as Principal Permitted Uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the proposed attached and detached dwellings. 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 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 delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 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 will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. In accordance with the findings listed above, The City Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 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 fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The City Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of Exhibit D ~- i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fords that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own 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 Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. 6. 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 fords 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 March 23, 2007 AZ 06-04b MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Great Sky, Inc ITEM NO. 5-G REQUEST Findings for Approval -Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision -3465 & 3595 E. Victory Road and 3432 8~ 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 wESr: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Attached Findings Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FJNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 23.05 acres from RUT to R-4 AND Preliminary Plat Approval for 60 single-family building lots and 6 common lots, on 22.37 acres in the proposed R-4 zone, for Harcourt Subdivision, by Great Sky, Inc. Case No(s}. AZ-06-046, PP 06-04$ For the City Council. Hearing Dates of: February 27 and March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the heating date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the heaving date of March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 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. 02-3$2 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS OF I,AW AND DECISION & ORDER CASE N O(S). AZ-Ob-04b & PP-06-048 (PAGE 1 of 4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of Mazch 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED on March 8, 2007, by the City of Meridian, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Mazch 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-06-046 & PP-06-048 (PAGE 2 of 4) timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-003, 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (2$) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title b7, Idaho Code. F. Attached; Staff Report for the hearing date of March 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-046 & PP-06-04$ (PAGE 3 of 4) 7~ By action of the City Council at its regular meeting held on the ~ Z day of ~/tG`+..~ , 2007. COUNCIL MEMBER DAVID 7ARFMBA VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TANIlVIY de WEERD (TIE BREAKER) VOTED !7 ~a~~~ VOTED_~~~ VOTED--~~~`'i~..• VOTED May ,,,,may de Weerd Attest: ,~•~` ~~ ~~~~~~': o William Gr. Berg, Jr., City erk Copy served upon Applicant, The Planning'~~I~t~~~~~a~~ic Works Department and City Attorney. By: ~WI ^t Dated: G~-?-8`-~`t city clerk CI'T`Y OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ob-046 & FP-06-048 (PACrE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/2007 Continued Froze: 2/27/Z007 T®: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Harcourt Subdivision • AZ-06-046 Annexation and Zoning of 23.05 acres from RUT (Ada County) tv R-4 (Medium Low-Density Residential) zone • PP-06-048 Preliminary Plat of 60 single-family building lots and ~ 6 commozl lots on 22.37 acres in a proposed R-4 zone 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Great Sky, Inc., has applied for Annexation and Zoning (AZ) of 23.05 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 60 single family residential lots and S 6 common lots for Harcourt Subdivision. The subject applications were scheduled to be heard before the Planning and Zoning Commission on November 2, 2006. Prior to said meeting, the Applicant and Planning Staff were notified that ACRD requested relocation of S. Zephyr Avenue, Harcourt's access to Victory Road, to align with S. Bay Star Drive, Sutherland Farms' access to Victory Road to the north. This ultimately prompted a substantial redesign of the preliminary plat. The new plan also proposes one less building lot. The subject property is located on the south side of Victory Road, approximately 1/6 mile east of Eagle Road in Section 28, Township 3 North, Range 1 East, B.M. The site has been previously platted and is currently identified as Lots 1, 2, 4, and 6 of Golden Eagle Estates Subdivision. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-046 and PP-06-048) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Harcourt Subdivision subject to the R-4 standards and the conditions listed ixr Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on November 2 and December Zx. Z006. On ~anuary l.$, 2007, the Commission moved ~osr som~mend approval to the Citv Council. Harco~n't Subdivision AZ-06-046, PP-06-048 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. Snmmary of Commission Public Hearitta: i. In Favor: Darer Fluke (Applicant ii. In Opposition: Brady Turner iii. Commenting: Michael Reedy: Robert Aldridge: Harold Krasinski iv. Written Testimony: BradyTurner~Dartmoor Homeowners Association? v. Staff Presentin A lication: Amanda Hess vi. Other Staff Commenting on Application: Caleb Hood: Michael Cole b. Kev Issues o~ Discussio~a by_Commisaioo: i. Type of fencing to be installed (perimeter and mieropathway /common open space) ii. Redevelopment potential of I{rasinski's oroperty to the southeast iii. Potential for drains a and run-off to affect neighboringproperties iv. Preserving ditch/canal irrigation currently serving t~gighboring properties v. Preserving trees within the ri t-af--way at the terminus of the E. Falcon Drive cul-de-sac vi. Possible transitioning of lot sizes adjacent to Dadsnoor Subdivision c. Kev Commission Changes to Staff Recommendation: i. Restricting Lots 7, 8, 9, 10, & 11, Block 7. to a 25-foot rear setback ii. uirin the A licant to install vin 1 erimeter fencin d. Outstandins Issue(s) for City Council: i. Staff has not received an updated landscaping plan by the date requested and, therefore, has not been able to evaluate it The Meridian Citv Council heard these items on February 27.2007. At that. mac hear3n~ the~ouncil moved to continue the subieet annL'eatio arch 13.2007. a. i. In Favor: Darer Fluke (Applicant's Representative) ii. In Opposition: None iii, t' Bra 'ck St iv. Written Testimonv:_..~atold and ChanteLle I{rasinski v. A li 'on• vi. Othe Staff Commenting on Application: Non b. i. Transitionina of lot sizes adjacent to Dartmoor Subdivision ii. Use of numerous cul-de-sacs within the deYelo~ffit iii. Increased traffic funneling to Eagle Road iv. en space G Outstandin~I cu for i Council: i. As Council requ~ i ination of one of the lots at the south property line Council should decide if the Commission's ' ement of a 25-foot rear setback for those monerties is still Th~Meridian City Ceuneil he_ard,Ihese items on Marchl3, 2007. At the_March 13~ nnbLic hearing the Coup '1 move to annrove the subiect annlicatitons. a. i. In Favor• Doren Fluke 1Apalicant's Representative) ii. In OA asition• None iii. Commenting: Brady Turner. Robert 'dge iv. Written_Testimon :y~I g~ v. Staf~Presenting Application• Anna finning vi. Other Staff Commenli,~t3.Q on Applica__tion: None b. I{gy Issues of Discussion by Coun~c L~. i. Discussia of the revisions to the relirt>i»arv plat Hazcourt Subdivision AZ-t16-046, PP-06-048 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 200? ii. Increased traffic funneling to Eagle Road 3. PROPOSED MOTIONS A~-praval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06-046 and PP-06-048, as presented in the staff report for the hearing date of March 13, 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 Nu~oabers AZ-06-046 and k'P-06-048, as presented duritag the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Gontinuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-Ob- 046 and PP-06-048 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: 3465 & 3595 E. Victory Road, and 3432 & 3467 E. Falcon Drive Meridian, ID 83642 Section 28, T3N, R1E b. Owner /Applicant: Great Sky, Inc. 3895 Girdner Lane Meridian, ID 83642 c. Representative: Doren Fluke, J-U-B Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request (See Exhibit A): 1. Date of Preliminary Plat: REVISED ~2T00~ March 8.2007 2. Date of Landscape Plan (See Exhibit A): REVISED February 22, 2007 g. Applicant's Statement/Justification: This is a viable, attractive project which complies with the spirit and intent of Meridian's Comprehensive Plan and Zoning Ordinance. The gross density of the proposed development is 2.68 dwelling units per acre. Lot sizes range from approximately 9,000 square feet to 22,250 square feet. All lots meet or exceed the R-4 district standards and no variances are requested nor required. The subdivision will provide 1.42 acres, or 6.4% open space, including 8' parkways throughout the entire project. 5. PROCESS FACTS Harcourt Subdevision AZ-06-046, PP-06-048 ~ PAGB 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 16, 2006, and October 30, 2006 (Planning & Zoning Commission) February 5, 2007,Land February 19.2007 (City Council) d. Radius notices mailed to properties within 300 feet on: October 6, 2006 (Planning & Zoning Commission) February 2, 2007 (City Council) e. Applicant posted notice ozr site by: October 30, 2006 (Planning & Zoning Commission) February 17.2007 (City Council) 6. LAND USE a. Existing Land Use(s): Four existing homes and vacant land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Sutherland Farms No. 1 Subdivision, zones Rte; Residential, zoned RUT (Ada County) 2. East: Rural residential, zoned RUT (Ada County) 3. South: Kingsbridge No. 1 Subdivision, zoned R-2; Rural residential, zoned RUT (Ada County) 4. West: Rural. residential, zoned RUT (Ada County) d. History of Previous Actions: NIA e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in Victory Road. Location of water: There is currently water in Victory, and Eagle Road. Issues or concerns: 1) Water redundancy; 2) ACT-ID stormwater facilities located within buildable lots. 2. Vegetation: Existing trees will be retained or relocated on site. 3. Floodplain: N/A 4. CanalslDitches(rrrigation: McDonald Lateral Harcourt Subdivisio» AZ-06-046, PP-06-048 PAGE 4 CITI'' Ql~ MERIAIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 S. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property: 23.05 acres f. Subdivision Plat Information: 1. Residential Lots: 60 2. Non-residential Lots: 0 3. Total Building Lots: 60 4. Common Lots: ~ 6 5. Total Lots: 65 6. Open Lots: 0 7. Residential Area: 22.37 acres 8. Gross Density: 2.68 units per acre (3.75 net density) 9. Lot Sizes: Lot sizes range from approximately 9,000 to 22,250 square feet. The average lot size is approximately 12,000 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Victory Road is designated an arterial road. The UDG (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan (Sheet L1.0) proposes a 25-foot wide buffer along Victory Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.47 acres (6.6%) 4. Other landscaping standards: Landscaping within parkways should comply with UDC 11-313-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of-curb to edge-of-sidewalk and shall contain trees (UDC 11-3G-3B-5). h. Proposed and Required Non-Residential Setbacks: As per the R~ zone for detached single family dwellings. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from Victory Rvad. The access is located approximately 1,150 feet east of the Eagle Road /Victory Road intersection. The second access to the development will be via Falcon Drive, a public street constructed with Golden Eagle Estates Subdivision. Falcon Drive is currently constructed as a 24-foot wide cul-de-sac with/withvut sidewalks, curb and gutter. Three stub connections to the east will be constructed to provide connectivity to the County parcels upon their redevelopment. ACRD is snppordve of the proposal as long as all Site Specific and General Requirements are met. (See Egbibit B-'n 7. COMMENTS MEETING Ou October 13, 2006, and January 12, 2007, Planning Staff held agency comments ~meetiungs. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPRIEHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Harcourt Subdivision AZ-Ob-046, PP-06-048 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2447 Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 60 residential building lots on 22.37 acres for an approximate gross density of 2.68 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan. The following Comprehensive Plan policies apply to this application with Staff's analysis in italics: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have plan~aed for the provision of all public services. When the City established its Area of City Impact, property. The City of Meridian plans to provide annexed in the following manner: it planned to provide City services to the subject municipal services to the lands proposed to be • Sanitary sewer and water service wild be extended to the project at the developer's expense. • The subject lands currently die within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource oral personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff "s Office. Once annexed, the lands will be serviced by the Meridian Folice Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should su, f)"er no revenue loss as a result of the subject annexation. Municipal, feesupported, services wild be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Wallang in all land- use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, as well as the proposed micropathway. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff believes that this project does propose residential uses that are generally compatible with the existing uses in the area. • Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, I$azcourt Subdivision AZ-06-046, PP-06-048 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 condominiums, etc.) far the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. The subject property is located adjacent to city parcels zoned R-4 and county residential lands. Staff finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. ~ Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flaw {Chapter VI, Goal II, Objective A, Action 6) Three stub streets have been proposed to connect with the currently undeveloped properties to the east, of which Staff is supportive. Staff recnmmenafs that the Commission and Council rely on any verbal or written testimony that nosy be ,provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distirnguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application, prepared by Ronald M. Hodge, PLS, on August 15, 2006, shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-5$-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for aU future uses. As there are no issues regarding annegatlon of the subject property which necessitate a Development Agreement, Staff believes that a DA is not required in this instance. All applicable conditions regarding the development of this property are contained iin the preliminary plat approval. PRELIMINARY PLAT ANALYSES: Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING IpATE OF MARCH 13, 2007 Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D far detailed analysis of facts and findings for a preliminary plat. Access: The Applicant has proposed a public street from Victory Road as the primary access to the subject development. The development will have secondary access via E. Falcon Drive, currently improved as a cul-de-sac with 24 feet of pavement and no curb, gutter, or sidewalk. ACHD is not requiring that E. Falcon Drive, in entirety, be improved as a 36-foot street section with rolled cub, gutter, and 5-foot sidewalk; just that portion which lies within the subdivision boundaries. Additionally, three public street stubs are proposed to adjacent county parcels; two to the unplatted parcel to the east and one to Lot 7 of Golden Eagle Estates at the southeast. 2. Internal Streets: Internal streets sections are proposed to be at least 36-feet wide with 8-foot wide parkways and 4-foot detached sidewalks. The proposed design of the cnl-de-sacs mast meet the Fire Department's requirements for access. The Fire Department requires all cul de•sacs to have a turning radius of 28' haside and 48' outside radius. Landscaping: The Applicant has provided '~---= -~_~~$~ 1.47 acres (6.6%1 of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of open space is provided in the farm of parkways throughout the entire development. Staff is generally supportive of the proposed landscape plan prepared by South Landscape Architecture, labeled Sheets L1.0, Ll.l, and L1.2, and dated ~ 2/22/2007. The plan shall demonstrate compliance with the following standards. Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-af-curb to edge-of sidewalk and shall contain trees (LTDC 11-3G-3B-5). Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said path. All landscaping adjacent to Victory Road should conform to the requirements of UDC 1 I -3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Harcourt Homeowners Association. 4. Mieropaths: One micropath connection is proposed to Lot 3 of Golden Eagle Estates Subdivision at the northwest comer of the subject property. This will provide future pedestrian cross-access between the subject development and said parcel when it redevelops in the future. The updated pre ' plat depicts one micropathwa~/ common lot internal to the subdivision (Lot 14, Block 6). This common lot was not proposed with the original application. All gnicropaths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all mieropaths should comply with UDC 11-3B. Maintenance of all micropathways shall be the responsibility of the Harcourt Homeowner's Association. The Police Department has concerns related to visibility of the micropathway from Nest Cullen Drive and requests the Applica~ provide sufficient lighting along the micropathway. Harcourt Subdivision AZ-06-046, PP-06-048 PAGE S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR THE HEARING DATE OF MARCH 13, 2007 5. 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 MGC 9-1-28. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. ]Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to six feet in height, if open vision. Yf closed vision is need, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 8. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 9. E~tsting Stractares: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-4 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-046 and PP- 06-048 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications sabject to the conditions listed in Exhibit B. The M~rYdian Phtnning and Zoning Commission heard these items on November 2 and December 21.2006. and January 18.2007. At the January 18, 2007, hearing the Commission Ilarcoun Subdivision AZ-06-046, PP-1-048 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 moved to annrove the subiect a n icatlons lll. E~L~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (REVISED 3,~~gg~ ~ March 8, 2007) 3. Landscape Plan n~arv 22.20071 B. Conditions of Approval 1. Flanning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Pazks Department 6. Nampa & Meridian: Irrigation District 7. Ada County Highway District C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Harcourt Subdivision AZ-06-046, PP-Ob-048 PAGE 10 CITY' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 A. Drawings 1. Vicinity Map .: a/~a/zoos Q-os.~-s~+n~.~u ~~uw souni<~a:as-oi~-P~aM~v~o~o~v;vo~rtr Exhibit A H~iRC U URT ~ ITBD.IVI.S It? N CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE bF MARCH 13, 2007 •- ~ z _ e ,..~~'~r~ M.a._. ^ _ ~ - ... . • .. .. t = `:~.~ t ~'~° ~ rw M r ~-~ _ •a C ~i n ~L. _ _„~ `•' ~•f~ ca=p. • ~ I - 'ln lusm La~^~~ G . ~ ~~ r ~"~.. ~+:46~ 0++76 CT~'fL' `F ' -~ -•_: 111 S a~ _ _ -~ ~~.- ` 91+ t ~ ....r _ ' .~ •~ t ~ ~ v ~/ : -~. - _ ~1,.'"..., `~"~'~_"'~--tire'. ~ .~,.P "' Ohhl GM~n ExLibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2. Landscape Plan FVISED Febr~rv 22, 20071 {{ d ~ o~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 e~ ~~~ B~9 !I ~~~ Exhibit A --- w s • ~ ~ • • ,.~ v e ~~ 1 hL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 ~r rereura~rt, ~ ~ ~ ~ ~ * • • r r • • R,_ c • ~~ ~~ 6~ 3~~ 1~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NFARnvG DATE OF MARCH 13, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated August 15, 2006, and prepared by Ronald M. Hodge, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELA~IIINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PP-1, prepared by ~ U-B Engineers, and revised on ~ ~;-~';'; ~ March 8. 2007. is approved with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06- 048). 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Provide street connections to Assessor's Parcel Numbers S1128212635 and 83193250030 to the east, as depicted on the preliminary plat. a ~ s . , 1.2.6 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'autside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed around the cut-de-sacs. Modify all applicable roads /cut-de- sacs to reflect this requirement, if necessary. 1.2.8 Place a note on the face of the final plat. stating that Lots 7. 8. 9. 10, ~i 11, Black 7, shall be subject to a 25-foot rear setback. 1.2.9 Provide 1. 7 acres 16.6%1 for landscaped open space, as proposed. 1.2.10 The landscape plan prepared by South Landscape Architecture, revised an , Februazv 22.2007. and labeled L1.0, L1.1, & L1.2, is approved. The following revisions shall be made: • Provide vinyl perimeter fencin • The vinyl fencing adiacent to the common areas shall be either 4-fit solid rrinyl f -foot oven-vision vinyl fencing. • Per UDC 11-3G-3B5 all pazkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk AND contain one Class II tree for every 35 linear feet of parkway. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT I;OR THE HEARING DATE OF MARCH 13, 2007 • The proposed micropathway on Lot 7, Block 1, shall be, at minimum, 5 feet wide and constructed in accordance with UDC 11-3A-$. All landscaping adjacent to the pathway shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A 7A 7b, all fencing adjacent to micropathways and common areas shall be either four feet {4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this regniremen~ • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. ere the Atrolicant has submitted a 1 n cape plan. and where Staff has reviewed such elan t~ l~ndsca~ing shall be consistent with mid elan with mo ificationc ag proposed by Staff The ~ceedin~ moditiu es should be shown,on a revised tan cane elan sub fitted with. the final plat annlication~fsl. 1.2.11 Maintenance of all common areas shall be the responsibility of the Harcourt Subdivision Homeowners Association. 1.3 GENERAL REQUIlZEMENTS-PRELIlVLTNARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on dictory Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of-way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the .final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.b The Applicant shall submit a fencing plan with the final plat application for the subdivision. IF permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1.3.$ Staff's failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT Z.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory Road. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Victory Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the number of houses proposed on one water feed, the Applicant shall be required to connect to water mains in both Eagle and Victory Road. 2.4 Per City of Meridian "to and through" ordinance the applicant shall be required to install sewer and water lines along their frontage of Victory Road, and E. Falcon Drive. 2.5 The preliminary plat shows ACHD storm drainage facilities being routed through buildable lots. ACRD policy 8009-1-2 states that all stormwater facilities {including conveyance facilities) must be located within the right-of--way or a common lot owned and maintained by the HOA. If these facilities are to remain out of the right-of--way then the Applicant shall revise the plat to include the storm pipes into 20-foot wide common lots. All remaining lots must still meet the minimum dimensional standards of the approved zone. 2.6 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. 2.7 The Applicant shall pmvide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). A 14-foot wide all weather access road shall be provided to all manholes, water valves, and blow offs outside of the right-of--way. 2.8 The Applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 The Gity of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 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 The existing houses shall be required to connect to the municipal services. The Applicants shall be responsible for payment of assessments prior to signature on the plat by the City Engineer. The Applicant shall be responsible for the actual physical connection prior to Certificate of Exh4bit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH>r HEARING DATE OF MARCH 13, 2007 Occupancies being released. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non domestic purposes such as landscape irrigation. Z.15 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 nrigation/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. 2.16 Street signs are to be in place, water system shall be installed and aetivat~, sewer system shall have passed air testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall. be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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 maybe 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 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 baclffill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. Tbis 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 Exhibit B CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 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 na 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 Departrnent 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 flydraztts shall have the 4 %" outlet face the main street or pazking 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 careers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.4 All entrance and internal roads, and. cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.5 No on-street pazking shall be allowed along the cul-de-sacs. Vehicles shall be pazked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 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. 3.8 The proposed 60-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 174 residents at build out. 3.9 Building setbacks shall be per the International Building Code for one- and two-story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured amend the perimeter of the building. 4. POLICE DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 5. PARKS .DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathways and / or trail shall be constructed in accordance with the Meridian Parks Department's requirements. 5.2 Standard far Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (T.JDC 11-3B-10) will be followed. 5.3 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT 6.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 6.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 6.3 All laterals and wasteways must be protected. 6.4 The developer must comply with Idaho Code 31-3805. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 36-foot street sections with rolled curb, gutter, and 5-foot attached concrete sidewalk within 50-feet ofright-of--way, as proposed. 7.1.2 Construct a knuckle without and island at the intersection of W. Cullen Place and South Cullen Place. 7.1.3 Construct a 5-foot concrete sidewalk for the frontage on Victory Road, as well as for the frontage for the parcel to the west that will not receive sidewalk improvements with the intersection project (off-site). District Staff has determined that the noted off-site sidewallc improvements can be paid for with District Developer cooperative funds. The design of the off-site sidewalk should be coordinated with ACRD Staff (Kathy Smith, Project Manager: (208) 387-6275) to ensure that it is constructed in its ultimate location. For the site's frontage, the sidewallc should be located a minimum of 28 feet from the centerline of Victory Road. 7.1.4 Dedicate 35 feet of right-of--way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. A11ow up to 30 business days to process the right-of--way dedication afrer receipt of all requested material. The owner will be paid the fair market value of the right-of way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the Impact Fee Administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance No. 200), if funds are available. 7.1.5 Construct the intersection of W. Zephyr Drive and Victory Road {entry road) approximately 250 feet west of the east property line (in alignment with Zephyr Drive to the north), with a center island. 'The island should be constructed with a minimum 21-foot street section on both sides, be a Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR~IG DATE OF MARCH 13, 2007 minimum 4 feet width, and be a minimum 100 square feet. 7.1.6 Construct all cul-de-sac turnarounds with a minims Ong ~~ of 45 feet. 7.1.7 Construct two stub streets to the east as the internal street section (36150), located approximately 160 and 460 feet south of the north property line. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 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. 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 mad impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact 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 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING,, DAT)r OF MARCH 13, 2(}07 at the time the change in use is sought. Exhibit B CTT'Y OF MERIDIAN PLANNING DEPAR'T'MENT STAFF REPORT FOR THE HEARING DATE eJF JULY 20, 2Q06 C. Legal Description and Annexation Map Projeet: 1o-Q5-379 Bete: August 19, 7.OQb PARLEL DESirR,Pllt}AI ANNEXAI'tQN BDiH+g]ARY All of Lots 1, Z; d; and 6, and Rstadways:wltMn cal0erl Eagt~e Estates, 8ofdr 33; page. 2D17, Ada y- rerords, ~ a.{twtioo•o1•Seexian 28, TowreMp 3 NsNih, Rage 1• East, 6oise Aleridlan, Ada qty, CdBFm, and.more 'partlatlarty desrtiGed as t'oliows: . 1 Clcing at ~ NorRMnnext ex af.sahl5ectbn~•28; thence slang the Nortl~r}y bounrlaary.af sa3d~ Nartltwest !& of SNCiiare 28,• 5adh 89.3814" Bast. 529:93 feet W the AOINIY pF B1:GININHG; thence coming atoreg said brnatd~t, South 89' 3b 14" East, 907.04 feet; t17e~e al~g fhe Faeteriy berry of said lot 2, South QO'30'38'' west, 849:67. feet to the Easterly cornei°'af'said Lett 2; . thernie thaw S~lttaxl7 t>ot~dary of saki Lot x, iilortti x'•2923` west; 219.98 f~; tireneye f~ a.~o~~5aut-,erty.bo~ry at•Loc 4 of Golsen Eagle E~tat~ aat~ falinv9ng~tiiree comes: 1. ~tlr41'35'ZB" West.1W.00 feet;.. t. Soitdt 84"35'28" west. 150.CO.feer: 3. South 87'$0'02" West, 56.47 feet to tfte f'alopn Rowel. right of-v~ay; •ther~ce said -o[ way on a ran-tangent.eun+e to the right 92.77' fe+efi, het+lir$.a radius of •i5.00' feet; a plaits of 11b'W'09 ; ~~ a lbwtg•drord vrltWt gRars 5outit 10'53`33° ~ 77'.20 feet to ttis kortheast corner of Lot 6 at GaldeQi Eagle Estates,; ~ . 'theitCe alaetg the bouridaxi4ss bf said Lot b the' fatlcaviirg ,three coutise~c: !. South 01' 1Tl.Z" West, x.59"feet to a point oft the Southerty boteidary •ot• Plorth b4••of fire ~~Ni.trf 5eetle1e128; 2. Netrth 89'30'1T wasL 80l.45'(e~et:abng sad ~ ,Y, 3. OO'32'tb' East. 467.14 feet to,tlie Se>,~rty tlglte-of-way of Fffiiean~R.nad, il~eee dxtthtuing aiarg said titue, North 0'32'16 East: 82.36 feet to a Wfnt on tlie~ Idortherdy right-of=way nF Falaen Road; . t1l~eer elcxig the liortherly~ rim-etl-vray of falects tad the foU~owing 3 eourse§; 1 R Nwtia 73"'16'39' East, 27.45 feelM Z. a tar~ent.aov+e ~ the rlgl+c 64:26 f®et, having a tadhts• e4 t ~"00 t~et, a dens. ot. ~'491}I', and 8 Irk chord whidr tlE~ae'S Soutt 88' 18'S[," East, bd. tb feet; 3. _ Soutl169'•5845" Extst.109.05 faie~; . th0txsa~al~ the Weslexly botau4ary ihrd- of Let 4 of W1d8+1 Eagle Eststsn-, i~{oith W' 29'06` West; 411:65 feet to tlfa f!tordltnMest colrtptr of saW Lot 4; thence aloetg the 6aerederles ~ Lbt 101 Gobi F.agte Estates•tl~e foilowirtg tltree'~ses: 1. North 56.`09'25" 1Yest, •tt7.7it feet; 2r thence N~ f8"f97T Fast, 170.01 feet; 3. thence Korilt OD'30"39" East, "f67.00 feet; -tie tatrth tlD`~23`46' East, 33.im feet, to tits PO,hR' ~ SEWNN1ti6. Cgntatedt~ Z3.OS4 acres, timre: or' less. .C3~ OF DESCliI~inN ate'. p tt~-iew .AR~va _ . j ~ ~~, ~1 ev . Jp U-~B• ed~, u><. / a ~ 857~~ ~ AUK 1$ 2~ RId M. Fiisdge. P.I,.S. ,,, $ 1 S ~? IAN ~lE~~ ~ws_~~~` DR• ~~ er ~~ ~j~$1' GEti7lhc. 70~04~efP9~Swa+gla~d Fanll SastM14t15~q~9-Adni6A10$S~D79~A~a+edve Exhibit C g,THE ~A~G T)ATE OF Jt1L~ 24, 2a©6 G DEppg,~lE~ ST~g gF±40RT FO CITY OF ME~~ PLA~ r i .~ N ~ F R _ '`~~ Q •~ •{~ 1./~I d ~~ 7.$~ 4 ~ '~ ~y [ ~ \i '~ n ' Z~~ wE~~ N i r I~G 1~. T _1..tiH~' LJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Coancil shall make a full investigation and shall, at the public hearing, review the application. In order to grant an a>anexration 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 R-4 (Medium Law-Density Residential). The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, speci5cally the purpose statement; The Council finds that single-family residences are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend Council rely om any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat', the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is compatible with the adopted Comprehensive Plan. Staff and the Commission support the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIp1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 The Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) c. The plat is in conformance with scheduled public improvements in accordwith the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in. their analysis. Staff and the Commission recommend that the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or envirnnmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss ar damage of any natural, scenic or historic feature(s) of major importance. Staff and the Commission recommend that Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. Exhibit D • • March 23, 2007 PP 06-048 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Great Sky, Inc ITEM NO. 5-H REQUEST Findings for Approval -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 Road and 3432 8~ 3467 E. Falcon Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Findings In AZ Packet 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: GU~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER LJ 1 ~- ,~ss~r~w ~rF ~~ ~,ri r ~. ,a.c~ 5~} ~~~ nazi rtia~'~ In the Matter of Annexation and Zoning of 23.05 acres from RUT to R-4 AND Preliminary Plat Approval for 60 single-family building lots and 6 common lots, on 22.37 acres in the proposed R-4 zone, for Harcourt Subdivision, by Great Sky, Inc. Case No(s). AZ-06-046, PP-06-048 For the City Council Hearing Dates of: February 27 and March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 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-06-046 & PP-06-048 (PAGE 1 of 4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, REVISED on March 8, 2007, by the City of Meridian, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-046 & PP-06-048 (PAGE 2 of 4) • • timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-046 & PP-06-048 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the Z ~ day of ~/d/t.G~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED /'! ~~~~~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_~~~ VOTED__~~~"~' VOTED Ma~~' ~}}~y de aWeerd X111 ~~~~/ 0 Attest: `,~``~` ~~ g°,°°. ~ ~ , .t~= ~~~ William G. Berg, Jr., City erk ~ Copy served upon Applicant, The Planning's Zit ~ ~ ~~C~°ic Works Department and City /~iiri~ oin~i~ Attorney. By: f J l l C~~ ~Y? ~'I~ t ~1 Dated: City Clerk C%~~-7--~'~Z CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-046 & PP-06-048 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/2007 Continued From: 2/27/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Harcourt Subdivision • A2-06-046 1 ~~ „~ `~' -~ f~r'~ ~ ~& ` I ~~6 ~.~a~ ~~~~ d ~sP~~ ~~- Annexation and Zoning of 23.05 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zone • PP-06-048 Preliminary Plat of 60 single-family building lots and 3 6 common lots on 22.37 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Great Sky, Inc., has applied for Annexation and Zoning (AZ) of 23.05 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 60 single family residential lots and ~ 6 common lots for Harcourt Subdivision. The subject applications were scheduled to be heard before the Planning and Zoning Commission on November 2, 2006. Prior to said meeting, the Applicant and Planning Staff were notified that ACHD requested relocation of S. Zephyr Avenue, Harcourt's access to Victory Road, to align with S. Bay Star Drive, Sutherland Farms' access to Victory Road to the north. This ultimately prompted a substantial redesign of the preliminary plat. The new plan also proposes one less building lot. The subject property is located on the south side of Victory Road, approximately 1/6 mile east of Eagle Road in Section 28, Township 3 North, Range 1 East, B.M. The site has been previously platted and is currently identified as Lots 1, 2, 4, and 6 of Golden Eagle Estates Subdivision. The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-046 and PP-06-048) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval off the proposed Harcourt Subdivision subject to the R-4 standards and the conditions listed in Ezhibit B off the Staff Report. The Meridian Planning and Zonine Commission heard these items on November 2 and December 21, 2006. On January 18, 2007. the Commission moved to recommend approval to the City Council. Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. Summary of Commission Public Hearinss: i. In Favor: Daren Fluke (Applicant ii. In Opposition: Brady Turner iii. Commenting: Michael Reedy; Robert Aldridge• Harold Krasinski iv. Written Testimony: Brady Turner (Dartmoor Homeowners Association v. Staff Presenting Application: Amanda Hess vi. Other Staff Commenting on Application: Caleb Hood; Michael Cole b. Kev Issues of Discussion by Commission: i. Type of fencing to be installed (perimeter and micro ap thway /common open space ii. Redevelopment potential of Krasinski's property to the southeast iii. Potential for drainage and run-off to affect nei,ghboring_pro erties iv. Preserving ditch/canal irrigation currently serving neighboring properties v. Preserving trees within the right-of--way at the terminus of the E. Falcon Drive cul-de-sac vi. Possible transitioning of lot sizes adjacent to Dartmoor Subdivision c. Kev Commission Changes to Staff Recommendation: i. Restrictin~Lots 7, 8, 9, 10, & 11, Block 7, to a 25-foot rear setback ii. Requiring the Applicant to install vinyl perimeter fencing d. Outstanding Issue(s) for City Council: i. Staff has not received an updated landscaping_plan by the date requested and therefore has not been able to evaluate it he Meridian Citv Counc'1 heard thec .items nn Febrn_a_rv 27. 2_11(17_ At that nnhlir h_p±,.-G.... th.. ounc' mo~~d to cont;nue the subiect annLicaNons to March 1 .2007. a. ummarv of 2-27-07 Pub is Hearing: i. Favor: Daren Fluke (Auplicant's Representative) ii. In Opposition: None iii. Commenting: Brady Turner. Rick Stott iv. Written Testimony: Harold and Chantelle Krasinski v. Staff Presenting Application: Anna Canning vi. Other Staff Commenting on Application• None b. ev Issues of Discussion by Counc'I: i. Transitioning of lot sizes adjacent to Dartmoor Subdivision ii. Use of numerous cul-de-sacs within the development iii. Increased traffic funneling to Eagle Road iv. ens ace c. Outstan ing Issue(s) for City Counc'I: i. Council reauested elimination of one of the lots at the southern property line. Council should decide if the Commission's requirement of a 25-foot rear setback for those properties is still warranted. he Meridian City Council heard the a items nn March 1_'t_ 2007_ At the Mar~H_ t__ n' nub is hea 'ng the ounci moved to approve the ubiect ann ication a. ummarv of 3-13-07 Pub is Hearin i. In Favor: Daren Fluke (Applicant's Representative ii. In Opposition: None iii. Commenting: Brady Turner._ Robert Aldrid_ ge iv. Written Testimony: None v. Staff Presenting Application: Anna Canning vi. Other Staff Commenting on Application: None b. ev Issues of Discussion by Council: i. Discussion of the revisions to the preliminary plat Hazcourt Subdivision AZ-06-046, PP-06-048 PAGE 2 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 ii. Increased traffic funneline to Eaale Road 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06-046 and PP-06-048, as presented in the staff report for the hearing date of March 13, 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-06-046 and PP-06-048, as presented during the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 046 and PP-06-048 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: 3465 & 3595 E. Victory Road, and 3432 & 3467 E. Falcon Drive Meridian, ID 83642 Section 28, T3N, R1E b. Owner /Applicant: Great Sky, Inc. 3895 Girdner Lane Meridian, ID 83642 c. Representative: Daren Fluke, J-U-B Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request (See Exhibit A): 1. Date of Preliminary Plat: REVISED March S. 2007 2. Date of Landscape Plan (See Exhibit A): REVISED February 22, 2007 g. Applicant's Statement/Justification: This is a viable, attractive project which complies with the spirit and intent of Meridian's Comprehensive Plan and Zoning Ordinance. The gross density of the proposed development is 2.68 dwelling units per acre. Lot sizes range from approximately 9,000 square feet to 22,250 square feet. All lots meet or exceed the R-4 district standards and no variances are requested nor required. The subdivision will provide 1.42 acres, or 6.4% open space, including 8' parkways throughout the entire project. 5. PROCESS FACTS Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 16, 2006, and October 30, 2006 (Planning & Zoning Commission) February 5 2007 and February 19 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: October 6, 2006 (Planning & Zoning Commission) Februa~SCi Council) e. Applicant posted notice on site by: October 30, 2006 (Planning & Zoning Commission) Feb 17, 2007SCity Council 6. LAND USE a. Existing Land Use(s): Four existing homes and vacant land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Sutherland Farms No. 1 Subdivision, zoned R-4; Residential, zoned RUT (Ada County) 2. East: Rural residential, zoned RUT (Ada County) 3. South: Kingsbridge No. 1 Subdivision, zoned R-2; Rural residential, zoned RUT (Ada County) 4. West: Rural residential, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in Victory Road. Location of water: There is currently water in Victory, and Eagle Road. Issues or concerns: 1) Water redundancy; 2) ACHD stormwater facilities located within buildable lots. 2. Vegetation: Existing trees will be retained or relocated on site. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: McDonald Lateral Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 5. Hazards: N/A 6. Proposed Zoning: R-4 7. Size of Property: 23.05 acres f. Subdivision Plat Information: 1. Residential Lots: 60 2. Non-residential Lots: 0 3. Total Building Lots: 60 4. Common Lots: ~ 6 5. Total Lots: 65 6. Open Lots: 0 7. Residential Area: 22.37 acres 8. Gross Density: 2.68 units per acre (3.75 net density) 9. Lot Sizes: Lot sizes range from approximately 9,000 to 22,250 square feet. The average lot size is approximately 12,000 square feet. g. Landscaping: 1. Width of street buffer(s): As per the Future Land Use Map, Victory Road is designated an arterial road. The UDC (Table 11-2A-5) requires a ZS-foot wide street buffer adjacent to arterials. The landscape plan (Sheet L1.0) proposes a 25-foot wide buffer along Victory Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 1.47 acres (6.6%1 4. Other landscaping standards: Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees (iJDC 11-3G-3B-5). h. Proposed and Required Non-Residential Setbacks: As per the R-4 zone for detached single family dwellings. i. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The primary access to the development will be from Victory Road. The access is located approximately 1,150 feet east of the Eagle Road /Victory Road intersection. The second access to the development will be via Falcon Drive, a public street constructed with Golden Eagle Estates Subdivision. Falcon Drive is currently constructed as a 24-foot wide cul-de-sac with/without sidewalks, curb and gutter. Three stub connections to the east will be constructed to provide connectivity to the County parcels upon their redevelopment. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-7) 7. COMMENTS MEETING On October 13, 2006, and January 12, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 60 residential building lots on 22.37 acres for an approximate gross density of 2.68 dwelling units/acre. The gross density is within the range outlined in the Comprehensive Plan. The following Comprehensive Plan policies apply to this application with Staff's analysis in italics: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land- use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff' believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, as well as the proposed micropathway. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff believes that this project does propose residential uses that are generally compatible with the existing uses in the area. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. The subject property is located adjacent to city parcels zoned R-4 and county residential lands. Stafffznds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) Three stub streets have been proposed to connect with the currently undeveloped properties to the east, of which Staff is supportive. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single-family dwellings as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNTEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application, prepared by Ronald M. Hodge, PLS, on August 15, 2006, shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not required in this instance. All applicable conditions regarding the development of this property are contained in the preliminary plat approval. PRELIlVIIl~TARY PLAT ANALYSIS: Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: The Applicant has proposed a public street from Victory Road as the primary access to the subject development. The development will have secondary access via E. Falcon Drive, currently improved as a cul-de-sac with 24 feet of pavement and no curb, gutter, or sidewalk. ACHD is not requiring that E. Falcon Drive, in entirety, be improved as a 36-foot street section with rolled cub, gutter, and 5-foot sidewalk; just that portion which lies within the subdivision boundaries. Additionally, three public street stubs are proposed to adjacent county parcels; two to the unplatted parcel to the east and one to Lot 7 of Golden Eagle Estates at the southeast. 2. Internal Streets: Internal streets sections are proposed to be at least 36-feet wide with 8-foot wide parkways and 4-foot detached sidewalks. The proposed design of the cul-de-sacs must meet the Fire Department's requirements for access. The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside radius. 3. Landscaping: The Applicant has provided 1 47 acres (6.6%1 of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of open space is provided in the form of parkways throughout the entire development. Staff is generally supportive of the proposed landscape plan prepared by South Landscape Architecture, labeled Sheets L1.0, L1.1, and L1.2, and dated " 2/22/2007. The plan shall demonstrate compliance with the following standards. Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of- sidewalk and shall contain trees (iIDC 11-3G-3B-5). -r,-~ ~:,.....P..,,_-----~ ~ ,.,. ,.._.,_. ` •..,. TT,-... a ., Per UDC 11-3A-8, all zav-zxavxv aca rr ee esvee micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said path. All landscaping adjacent to Victory Road should conform to the requirements of UDC 11-3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Harcourt Homeowners Association. 4. 1Vlicropaths: One micropath connection is proposed to Lot 3 of Golden Eagle Estates Subdivision at the northwest corner of the subject property. This will provide future pedestrian cross-access between the subject development and said parcel when it redevelops in the future. The undated preliminary plat depicts one micropathway /common lot internal to the subdivision_(Lot 14 Block ~. This common lot was not proposed with the original application Ion' ~e~~ 1' L ~i TTr~~ A" micropaths shall be constructed in accordan~cxeRawith UDC 11-3A-8. Landscaping adjacent to all micropaths should comply with UDC 11-3B. Maintenance of all micropathways shall be the responsibility of the Harcourt Homeowner's Association. The Police Department has concerns related to visibility of the micropathway from Nest Cullen Drive and requests the Applicant provide sufficient lighting along the micropathway. Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 5. 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. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to siz feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 8. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 9. E~sting Structures: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-4 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-046 and PP- 06-048 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planning and ZO111IIg Commission heard these items on November 2 and December 21, 2006. and January 18, 2007. At the January 18, 2007, hearing the Commission moved to recommend approval to the City Council. The Meridian Citv Council heard these ebruarv 27.2007 and March 13a'. 2007. At the March 13a' public hea 'n~ the ounc' Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 to annrove the ubie ann ication 11. EI~~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (REVISED T^"••°-~~ ~, ~^^~ March 8, 2007) 3. Landscape Plan VISED February 22 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Nampa & Meridian Irrigation District 7. Ada County Highway District C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Harcourt Subdivision AZ-06-046, PP-06-048 PAGE 10 ~; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 A. Drawings 1. Vicinity Map N. L s/~4/~cws ~:~o;~cnxe~aa~~sn-~--oas-sung Fatea rw~ea-os-oar-~aVx~.aa\~a-®s-sa~_sv-urv Exhibit A H.~RCC?URT ~~CTBDI~ISION o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2. Preliminary Plat (REVISED T^~••^~• ~,'^^'' 1V[arch 8.2007) ,~,.~ ~~ ~~~ m~~ ~~~~ Q ~~W ~IYY~~ z~~ ~~ F-®~'~~ ~~~ n. ~~~2 L ~ "'' ~ f `~~' ~~ $ I~~~ gg~~ ~~~F-~ J ~ ~ ~~~ ~; F ~ ~ • * r q k Y ~x rt~~_ 9 ~a {~ Y ~'JF' ~~ ~~a~ ~a } 5~ a ~~b~~ ~ ~ ~~~ n~c@s~r~rrs .ua~rt~~~ ,~`~~" ~' 4d E ~ !~ ~' ~ ti i ~ ` qSq a ~~yp' e g GG pp FFpp,,~ ,~ ~La° ~ ~.~ ~ P ~ ~ 4 ~ ~ ~) ~ r ~ p~p 1 ~ 5 G tI t ~ y Ti S f F~ ~~~ iln~ ~~ .L t` {MYT~i'~y~ "M ~ 1~ ~~~, 1O §p g~* yy }! ; 4 GGG ~ w G~ _ v~ ~ G ., _ ,. 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Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 __ . ~ ~` ~ v,_ ~ J ll 1Ya A(E~1 p, ! _.r°FW G9~.C~C~T8:6T ~ r¢i -. FA dAgT #' R" i _ r . ~,~ ,~~ ~ ~' ~. --~ ~ _ - -,.~ -. s ~ .i _~.-~_ -=~ Sys ~ ___ ~ _. ~' d ~ ~ h. 2' f)T '... ~ - d 4 `'r _ ~' a~'~b TT 4°~ y' ~.~ ~ ~ _ ~ ~ ..,,.^tA #T < ~~ ~ ~~ ~ _`.-~.,`---,~_ ~~ ~ rt w ~,+ ff ~4t - ~ ,1 .cam yn :^ ,~ tg I -- r P+; ~ LET t of efl.L'~w esye E~TAIE~ t i.:d ~.t.e hies 4 rates ~@ ~ ~ p- ~ _ $ 1 ~- `L` r ~ - 0 ~'° ~ ; ,~ '` I~® ri °~,,~ ~.. ._ ~ ~ r L'~ ~ ~ i4yA 3'a' 14ffil 4t ~ `r. f'F' ~• ~'~, <, .~ a ti d t Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2. Landscape Plan ( REVISED February 22 2007) ~~ ~~~ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 t t ~[~ B~ !~~ ~o~ Exhibit A w e . a s s ~. R F D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 ~~ ~~~ r w ® ~ e r a ~ ~ R c D ~`il !~ ~~~ !~~ #1r ~~ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated August 15, 2006, and prepared by Ronald M. Hodge, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PP-1, prepared by J-U-B Engineers, and revised on 3a ~, ~ ~ arch 8. 2007. is approved with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06- 048). 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Provide street connections to Assessor's Parcel Numbers 51128212635 and 83193250030 to the east, as depicted on the preliminary plat. '~"f A A 11 l.1 1 .1' '.1 .1 1. 4 4 1. 11 L. ~ 0.1 4,. t.., .1;~FF a„4 1..1,.,.L « «-7,.,._.. A......... ~ t_. ~~ ' __ - l.i,...l. ,. 1. ~ T + 1 G 1 0 Ql 1 1 ,] T ~ 1 1 Di 1 7 n a.a.u. - , , , - . ~ 7~ , ].. ~. ,~ L.1' TL. 1' + 1. 11 1. G ~Oco~-a$(~^~~6E~-3 ~~J ~'6$t~'6~zA cmxi6-St~c2~s-Tac~ppaocmt~acsa-o~ 1 . ~ ,..,+e ~ :,1 ,1 1.1 ~. r 1.2.6 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed around the cul-de-sacs. Modify all applicable roads / cul-de- sacs to reflect this requirement, if necessary. *F lslan~en~ ~ Ave~e-en~~E~e~t~~pl~a® 1.2.8 Place a note on the face of the final plat stating that Lots 7 8 9 10 & 11 Block 7 shall be subject to a ZS-foot rear setback. 1.2.9 Provide 1.47 acres (6.6%1 for landscaped open space, as proposed. 1.2.10 The landscape plan prepared by South Landscape Architecture, revised on , February 22.2007 and labeled L1.0, L1.1, & L1.2, is approved. The following revisions shall be made: • Provide vinyl perimeter fencing. • The vinyl fencing adjacent to the common areas shall be either 4-foot solid vinyl fencin or 6-foot oven-vision vinyl fencing. • Per UDC 11-3G-3B5 all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk AND contain one Class II tree for every 351inear feet of parkway. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 • The proposed micropathway on Lot 7, Block 1, shall be, at minimum, 5 feet wide and constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways and common areas shall be either four feet (4') in height, if closed vision, or siz feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. Where the Applicant has submitted a landscape elan. and where Staff has reviewed such plan_ the landscanin~ shall be consistent with said plan with modifications as proposed by Staff The proceeding modifications and notes should be shown on a revised landscape plan submitted with he final plat application(sl. 1.2.11 Maintenance of all common areas shall be the responsibility of the Harcourt Subdivision Homeowners Association. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Victory Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as n®ted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Exhibit B CITY OF MERIDIAN PLANNIN•PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF MARCH 13, 2007 1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory Road. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Victory Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the number of houses proposed on one water feed, the Applicant shall be required to connect to water mains in both Eagle and Victory Road. 2.4 Per City of Meridian "to and through" ordinance the applicant shall be required to install sewer and water lines along their frontage of Victory Road, and E. Falcon Drive. 2.5 The preliminary plat shows ACHD storm drainage facilities being routed through buildable lots. ACHD policy 8009-1-2 states that all stormwater facilities (including conveyance facilities) must be located within the right-of--way or a common lot owned and maintained by the HOA. If these facilities are to remain out of the right-of--way then the Applicant shall revise the plat to include the storm pipes into 20-foot wide common lots. All remaining lots must still meet the minimum dimensional standards of the approved zone. 2.6 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. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). A 14-foot wide all weather access road shall be provided to all manholes, water valves, and blow offs outside of the right-of--way. 2.8 The Applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 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 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 The existing houses shall be required to connect to the municipal services. The Applicants shall be responsible for payment of assessments prior to signature on the plat by the City Engineer. The Applicant shall be responsible for the actual physical connection prior to Certificate of Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Occupancies being released. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.15 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. 2.16 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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 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 are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 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 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 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. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.4 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.5 No on-street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages, driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No Parking." 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 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. 3.8 The proposed 60-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 174 residents at build out. 3.9 Building setbacks shall be per the International Building Code for one- and two-story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.11 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. 4. POLICE DEPARTMENT Exhibit B • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 5. PARK5 DEPARTMENT 5.1 Pathway and Trail Standards: The proposed pathways and / or trail shall be constructed in accordance with the Meridian Parks Department's requirements. 5.2 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 5.3 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. NAMPA & MERIDIAN IRRIGATION DISTRICT 6.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 6.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 6.3 All laterals and wasteways must be protected. 6.4 The developer must comply with Idaho Code 31-3805. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 Construct the internal streets as 36-foot street sections with rolled curb, gutter, and 5-foot attached concrete sidewalk within 50-feet ofright-of--way, as proposed. 7.1.2 Construct a knuckle without and island at the intersection of W. Cullen Place and South Cullen Place. 7.1.3 Construct a 5-foot concrete sidewalk for the frontage on Victory Road, as well as for the frontage for the parcel to the west that will not receive sidewalk improvements with the intersection project (off-site). District Staff has determined that the noted off-site sidewalk improvements can be paid for with District Developer cooperative funds. The design of the off-site sidewalk should be coordinated with ACRD Staff (Kathy Smith, Project Manager: (208) 387-6275) to ensure that it is constructed in its ultimate location. For the site's frontage, the sidewalk should be located a minimum of 28 feet from the centerline of Victory Road. 7.1.4 Dedicate 35 feet of right-of--way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the Impact Fee Administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance No. 200), if funds are available. 7.1.5 Construct the intersection of W. Zephyr Drive and Victory Road (entry road) approximately 250 feet west of the east property line (in alignment with Zephyr Drive to the north), with a center island. The island should be constructed with a minimum 21-foot street section on both sides, be a Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 minimum 4 feet width, and be a minimum 100 square feet. 7.1.6 Construct all cul-de-sac turnarounds with a minimum turning radius of 45 feet. 7.1.7 Construct two stub streets to the east as the internal street section (36/50), located approximately 160 and 460 feet south of the north property line. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 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. 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 DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect Exhibit B i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 at the time the change in use is sought. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Legal Description and Annexation Map Project: 10-OS-3?9 Date: Auguse 15, ANNEfiATIQ SED1tNDAR1' All Of Lots 1, 2, 4, and 6, and Roadways w9thin Gotd~ Eagle Estates, Soak 33, page 2017, Ada ~tY recaards, and a portion of ~ 28, Township 3 North, Range 4 East, 8aise Meridian, Ada qty, Idaho, and more partiaalarty descrii~d as follows: Catnmencing at the Northwest comer of said Section 28; thanes alar~ the NArEherly bDUn~y of said i~t®rthWent'/i of Se~eion 2$, South $g°,3'14° East, y~q, y3 fit to the PDtNT 4E t3E(iWINNG; thence conifriWr~ atortg uid boundary, South 89°36'14" Fist, 907.04 feet: comer af~ aimed Lat~ the Easterly botutdary of said Lat 3, South 00'3028° West, 849.67 feet to the Soutiteasterl y thence the atraeg ~ ~ ~~ of said Lot 2, North 8$tl2423° Wes, 219.98 feet; 1. South 41'3328° W'est,~Q0.i~1 feet; ~ ~~ Estates t~lte fotlowri~ three caur~s: 2. South 84°352$" West, 150.{x(! feet; 3. South 87`50'02°'West- 56.47 feet W the Falcon Road ri thence along said rf~t-of--way en a non-tangent clays to tl~s ~wf-way; delta of 11$°09'09', artd a l 92.77 feeE, having a radius of 45.00 feet, a ~ cJuud which bears Sotuir 10`55'33° Eat, 77,?.Q feet to the Northeast corner of lot 6 of Gattfen ~81e Estates ; thence along the boamdari~ of said Lot 6 the fvi~ three courses: 1. South 01°!7'23` West, 308.59 feet t<s a point on ~ Sout9terly bounds NorthwesC 'Yi of Section 2B; r'y of North y4 of the 2. North $9°3[r17" West, 501.45 feet ebng said SOUlherty boundary! 3- North 06°32'16° E#st, 467,id feet to the Southerly right-of-waY of Faison Road; thence continulr~ along said line, North (iA`32'16° East, 52.36 feet to a pair-t on the iVprtheriy right of way of Falcon Road; therrre along the Northerly ,ot-way of Falcasn Read the fa~lowirtg 3 course's: 9. North 73"!6°39" East,,, 2q 45 feet; 2. along anon-tangent curve to the right 64.26 feet 36°49'01", and a long chord whidt bears South ~° 1$56" a radius of t~.00 fe@tr a delta of 3. South 69°5845" East, !09.03 fit; . 63.16 feet; thence along the Westerly boun~ry tin+a of Lot 4 of Golden Estates, North 09°29'tRi" Wei, 491.65 feet to the Northwest carne of said Lot 4; thence along the bat~,ries of Lafi i of Golden Eagle Estates the fotiwNing three caurs~; 1. Nauth 96e097S' WesE,117.70 feet; 2• thence ~torth 18' 19'37" Ems, 170.07 feet; 3- thence North 00°3029"!East, 167.00 feet; thence North' 00°23'48° East, 33.1)0 feet, to the ~l~T QF I~GIN~IiNG. Containing 23.OS4 acres, flare or less. ENO t)F OESCRiNTiW+I Prepared by: J-U-B ~IGtNEERS, Inc. Ronald M. ti+xige, p:L;s. f!' ~r v+a~pPgo~ - ~e~c worocs ~~~ ' +~~g,a-os-ma.s„e~,~„a ~~ swu,~~a-os~-r~-~u+,uo,a~.p~. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 ~ ~ '~ ~ ~ G s .- n Q VJ yy ~ <ZY ~~ ~3 ~~p ~j(~ ~ ~ as I, Ea" g ' Q ~ Q ~W~+ C ~ j 1 tl) - 1 LLJ ~ ;~ ~~ '~ I f ~~ tt~ I ~~ ~~~~ 3.OI,~.OQA! ~. 9 _ 1 ~p~pq ~~~~~-~lil~~~ ~_ `~ W U U F- C:1 Fa^ D Q EL' ~~ C,U ~! ~~ ~~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property R-4 (Medium Low-Density Residential). The Council fords that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that single-family residences are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). The Council finds that all essential services will be provided by the developer to the subject properly and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council fords that the proposed application is compatible with the adopted Comprehensive Plan. Staff and the Commission support the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 The Council fmds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council fmds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. Staff and the Commission recommend that the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the 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 and the Commission recommend that Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. Exhibit D March 23, 2007 AZ 06-0b4 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT RMR Consulting, Inc ITEM NO. 5-I REQUEST Findings for Approval -Request for Annexation and Zoning of 27.05 acres from RUT to an 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 Attached Flndings 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 LA`W AND DECISION & ORDER P r.~TVa~ ~. . ~,~ ry :~ In the Matter of Annexation and Zoning of 27.05 acres from RUT to R-8 AND Preliminary Plat Approval for 109 single-family building lots and 7 common lots, on 27.05 acres in the proposed R 8 zone AND Variance Approval to the block length standard (UDC 11-6C,3~ within a residential district, for Normandy Subdivision, by RMR Consulting, Inc. Case No(s). AZ-06-064, PP-06-065, VAR-07-001 For the City Council Hearing Date of: March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact 1 • I-Iearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 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-06-064, PP'-0C~-ObS, & VAR-O?-OOI (PAGE 1 of 4) 4. Due cansideration 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 impgse expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated November 15, 2006, by the City of Meridian, is hereby conditionally approved; 2. The Applicant shall eliminate one building lot from the group of lots, one through seven, Block 3, and increase the square footage of the adjacent lots for a fatal minimum of 8,000 square feet. The ma~tmum number of buildable lots for the development shall be 109. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become ;null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior 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 CITY OF MERIDIAN FIl~TDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06.064, PP-06-065, & VAR Q7-001 (PAGE 2 of 4) approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request far a regulatory takings analysis will tall 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 may be 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 d7, Idaho Code. F. Attached: Staff Report for the hearing date of March 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-Qb4, PP-06-065, & VAR-07-d01 (.E'AGE 3 of4) By action of the City Council at its regular meeting held on the 2 7 ~ day of COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED ~~~ VOTED_~~ VOTED_~~~~ VOTED ~~ ~ t ..d May y de Weerd \````~ a ttr-r~,,i~i Attest: •~, _ e ~ ~~ ~ r William G. Berg, Jr., City lerk ~ ~ t~, ~~ r Copy served upon Applicant, The Planriii~g 3'q~ten~; ~iiblic Works Department and City ~~~ltlrr~~Itlll~t~` Attorney. By: ~~'lG~ ~lU~\.~~-tom Dated: ~ ~ ~~~ O`7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & VAR-07-001 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner SUBJECT. Normandy Subdivision • AZ-06-064 Annexation and Zotting of 27.05 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-065 Preliminary Plat of ~ 1~0 single-family building lots and 7 common lots on 27.05 acres in a proposed R-8 zone • VAR-07-001 Variance to the block length standard ([JDC I1-6C-3F) within a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Tnc., has applied for Annexation and Zoning (AZ) of 27.05 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 110 single family residential lots and 7 common lots for Normandy Subdivision. The subject property is located on the west side of Locust Grove Road, approximately %z mile north of Amity Road in Section 30, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S 1130417300. The site has not been previously platted. The subject property is within the City's Area ofImpact and Urban Service Planning Area. The gross density of the proposed development totals 4.06 dwelling units per acre. The application does not directly comply with the Comprehensive Plan Future Land Use Map for the site which desigtaates the area as "Low Density Residential." However, the Comprehensive Plan does allow a step up or down for residentially designated properties. Per the Comprehensive Plan Future .Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The proposed density is in accord with the proposed R-8 zoning district. The Commission should note that the Applicant has also applied for a Variance (VAR) to the residential block lengths standard, UDC 11-6C-3F, within the proposed Normandy Subdivision. Said application will be before City Council concurrent with the subject applications. 2. SUMMARX RECONIlYIENDATION The subject applications (AZ-06-064, PP-06-065, &c VAR-07-001) were subnnitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed Normandy Subdivision subject to the conditions listed in Ezhibit B1 of the Staff Report. The Meridian Pls~wning and Zoning Commission held these ftems on February 1, 2007. At the uublic hearin the Commission moved to recommend ~ptroval to the Citv C until. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. Summary of Comn~aission ~tbli~ Hearins• i. In liavor• Matthew Schultz (Applicant) ii. In Ovnosition: None iii. Commentin :None iv. Written. Testimony None v. Staff Presenting~pplicatign• Amanda Hess vi. Other Staff Commenting on Application• None b. Key Issues of Discussion by Commission: c. from the aroun of lots,_one throu a seven. Block 3 and increase the square foatase of adjacent lots for a total minimum of S 000 square feet Maximum number of buildable lo~shall be 109." d. Clntstandine Issues) for Citv Couneil• i. Staff still supports the removal of one building.,lot from the aforemention grouping, to provide a better transition to the south The Me din iri Co Cecil b rd es i son ar h Q7 A _ nn _ h Orin h y mo to an ova the Lbie ann i ~ti ns i a. Sn marv of Ciri,~'mmc:l P~~b is a ring,,; i. In Fa~n~,Matthew Schulte nnlicantl ii. In Unnosition_'_None iii. Commenting: None iv. Wt~tt~~T_cstimynY~~one v. Staff.Presenting Anplication• nna ni e vi. (der Staff Commenti_~~ on Ap~lication• None b. Kev Issues of Ise .. sin ~ ~n il• i. Transitioning o 1 " ~~t~~tefiec~ion Ridge subdivision to the so~ht ii. V~hethet the see~ase beds lor~ated within the common a will tender the ~ acs ril sable c. Kev Conecil ha ges to-~ommissionBecommendatian: fr m the gro 1 ne u h Blo k 3 _ 'n aaP the uare foo ge ac~'ace lots for a total inrm o 8 000 ~ ~A*P feet M Yitrn~m numhe~- of h„lldable ots s~ be 109 " 3. PRClPOSED PdIOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-0b- 064, PP-06-065, and VAR-07-001, as presented in the staff report for the hearing date of March 13, 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- 064, PP-06-065, and VAR-07-001, as presented during the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat, and/or variance request.} Normandy Subdivision - AZ-06-064, PP-06-ObS, & VAR-07-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Ol~ MARCH 13, 2007 Continuance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-06- 064, PP-06-065, and VAR-07-0O1 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: 4145 S. Locust Grove Road Meridian, ID 83642 Section 30, T3N, R1E b. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 c. Owner: James Patterson 9362 Wichita Street Boise, ID 83709 d. Representative: Matt Schultz, RMR Consulting, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Uescriptian of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): Dated November 15, 2006 2. Date of Landscape Plan (See Exhibit A): Dated December 12, 2006 h. Applicant's Statement/Justification: The proposed annexation, zoning, and preliminary plat application carefully considered all aspects of the Comprehensive Plan, Zoning Ordinance, site location, surrounding neighbors, and the pausing market in Meridian to develop a quality residential development. The proposal complies with the intent of the Comprehensive Plan and the requested zoniing for the development. Please see Applicant's narrative for more information. 5. PROCIESS FACTS a. The subject application will, in fact, constitute an annexationand/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public gearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Normandy Subdivision -- AZ-06-064, PP-06-065, & VAR-07-001 Page 3 CTI'Y OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 d. Newspaper notifications published on: January 1 S, 2007, & January 29, 2007 (Planning & Zozring Commission) February 19, 2007, & March S, 007 (Cit~Couneil) e. Radius notices mailed to properties within 300 feet on: January S, 2007 (Planning & Zoning Commission) Feb~ru ry 16.2007 City Council) f. Applicant posted notice on site by: January 29, 2007 (Planning & Zoning Commission) March 3.2007 (Gifu Council) 6. LAND USE a. fixisting Land Use(s): One existing home and agricultural land. b. L)escriptian of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development in the City. c. Adjacent Land Use and Zoning: l . North: Chatsworth Subdivision, zoned R-8; Pisa Place Subdivision, zoned R-8 2. East: Rural residential, zoned RUT (Ada County) 3. South: Reflection Ridge Subdivision, zoned R-4; Rural residential, zoned RUT (Ada County) 4. West: Reflection Ridge Subdivision, zoned R-4 d. HListory of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public works Location of sewer: This property is proposing sewer to Chatsworth Subdivision to the north. Location of water: This property is proposing water service to via extension of mains in Chatsworth Subdivision, Locust Grove Road, and Reflection Ridge Subdivision. Issues or concerns: The Applicant is proposing severing to mains that are temporarily flowing out of shed. The Applicant shall be responsible for the installation of an-off peak pumping station, if they plan on developing prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Flaodplain: N/A 4. Canals/Ditches/Irrigation: Ridenbaugh Canal runs along the southern property boundary S. Hazards: N/A 6. Proposal Zoning: R-8 7. Size of Property: 27.05 acres f. Subdivision Plat Information: Normandy Subdivision - AZ-06-06h, PF-06-065, & VAR-07-0Ol Fage 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF' REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1. Residential Lots: 110 2. Non residential Lots: 0 3. Total Building Lots: 110 4. Common Lots: 7 5. Total Lots: 116 6. Open Lots: 0 7. Residential Area: 27.05 acres 8. Gross Density: --4.06 units per acre (5.32 net density) 9. Lot Sizes: Lot sizes range from 5,200 square feet to approximately 12,000 square feet. The average lot size is approximately 6,500 square feet. g. Landscaping: 1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Locust Grove Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.2 acres (15.5%) 4. Percentage of site as useable open space: 1.41 acres (5.6%) 5. Other landscaping standards: Landscaping adjacent to micropaths should comply with UDC 11-3B-12. Common I open space lots should include at least one deciduous shade tree per 8,000 square feet (CTDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.}: The primary access to the development will be from a proposed public street intersecting Locust Grove Road. The access, Alencon Street, is located approximately 800 feet south of the '/a mile section between Amity and \lictory Roads. The secondary accesses to the development will be via Ficasso Avenue, a public stub connection constructed with the Chatsworth Subdivision at the north property boundary; and via Reflection Ridge Drive, a public stub proposed with the Reflection Ridge Subdivision to the south. ACRD is supportive of the proposal as long as all Site Specific and Geaeral Requirements are met. (See Ezhiblt 13-7) 7. COMIVIENTS MEETING On January 12, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLYCIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain. single family residences at densities up to three dwelling units per acre. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat includes 110 residential building lots on 27.05 acres for a gross density of 4.06 dwelling units/acre. The proposed density is in accord with the proposed R-8 zoning district. The gross density is not within the low density Normandy Subdivision - AZ-06-064, PP-06-055, & VAR 07-001 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 range outlined in the Comprehensive Plan. As stated above, the application does not directly comply with the Comprehensive Plan Map designation. however, the Comprehensive Plan does allow the Commission and Council to consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Staff is supportive of a step up in density for this project. The following Comprehensive Plan policies apply to this application (staff analysis in italics below policies): • Chapter VII, Goal ffi, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • Sanitary sewer and water service wild be extended to the project at the developer's expense. • The subject lands currently die within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sherifj's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). This service wild not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billfng Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for $icycling and Walking in all laud-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that as safe, accessible and convenient. Sta, fJ' believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal 1•C, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, in addition to the proposed internal micropathway system. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-0O1 Page 6 C1TY OF MERIDIAN PLANNING DEP'AR'TMENT STAFF REPORT' POR THE HEARING DATE OF MARCH 13, 2007 Staff finds that the residential developments to the north and south are generally compatible with the proposed subdivision. h~'owever, Staff believes that Lots 1-7, Block 3, which are proposed along the southwest boundary, do not appropriately transition with that provided by Reflection Ridge across the Ridenbaugh Canal. Staff believes that the lot sizes proposed along this boundary should be increased. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The subject development utilizes two existing stub connections provided by the adjacent subdivisions, Chatsworth Subdivision and Reflection Ridge Subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this properly. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSES: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code. (Please see Comprehensive Plan Analysis above for the Applicant's requested step up in density, from low to medium - R-8 zoning) Staff believes that this is a suitable location far the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepazed by Michael Marks, PLS, on October 23, 2006) shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed in this instance. AU applicable Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-0O1 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 conditions regarding the development of this property are contained in the preliminary plat approval PitELIlVIINAR'Y PLAT ANALYSIS: Based an the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Cade, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: The Applicant has proposed a public street from Locust Grove Road as the primacy access to the subject development. Chatsworth Subdivision. and Reflection Ridge Subdivision, although not fully developed at this time, have supplied Cottswold Villages with two stub street connections, thus providing Normandy with two additional access points to the north and south City and ACHD Staff are generally supportive of the proposed public street access, as proposed. 2. Internal Streets: Internal streets sections are proposed to be at least 36 feet wide with rolled curbs, gutter, and 5-foot concrete sidewalks. The Applicant should note that "Lime A" Street, the extension of the stub connection provided by Reflection Ridge Subdivision, must be renamed to "Reflection Ridge Drive," as the final plat for Reflection Ridge has been recorded and naming for this street already established. 3. Lot Sizes: In order for the project to better comply with the policies outlined in the Comprehensive Plan, Staff is supportive of eliminating one building lot at the southwest property line; specifically, within the grouping of Lots 1-7, Block 3. This reduction in the number of lots would address Staffs concerns over the transitioning of lot sizes from this development with that across the canal within the Refl~tian Ridge Subdivision, where the building lots tota19,600 square feet. 4. Elevations: The Applicant has not provided Staff with sample elevations of the housing products to be constructed within the Normandy Subdivision. Staff recommends that the Applicant bring prospective elevations to the Planning & Zoning Commission hearing. 5. Landscaping: The Applicant has supplied 4.2 acres (15.5%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. Of the 4.2 acres of open space provided, 1.41 acres (5.6%) is considered useable open space. The majority of open space is provided in the form of central common area on Lot 5, Block 4, with a tot lot and basketball courts. Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, no label, and dated 12!1212006. The plan shall demonstrate compliance with the following standards. Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said paths. All landscaping adjacent to Locust Grove Road should conform to the requirements of UDC 11-3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Normandy Homeowners Association. Norn~andy Subdivision - AZ-O6-064, PP-06-(}b5, &VAR-07-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 17ATE OF MARCH l3, 2007 5. Micropathways: Four micropath connections aze proposed within Normandy. This provides for better pedestrian accessibility within the development to the centralized common area as well as the future multi-use pathway on the south side of the Ridenbaugh Canal (being coxistnicted by the developer of Reflection Ridge). The Police Department has concerns related to visibility along all micropathways and requests the Applicant provide sufficient lighting along the micropathway. All micropaths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micropaths should comply with UDC 11-313. Maintenance of all micropathways shall be the responsibility of the Normandy Homeowner's Association. b. 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. 7. Fencing: The Applicant is proposing siz foot vinyl fencing along Locust Grove Road, fYve-foot vinyl-coated fencing along the Ridenbangh Canal, and five-foot wrought iron fencing adjacent to the central common area and all micropathways. There is e~tsting six-foot vinyl fencing installed at Normandy's north property boundary provided by the Chatsworth Subdivision, an e~lsting development The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed azound the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to six feet in height, if open vision. Tf closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, excepting the Ridenbaugh Canal. 9. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that aze removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 1m. Existing 5tractures: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standazds should be removed. VARIANCE ANALYSIS: Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-0?-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF 1ZEPpRT FOR THE HEARING DATE OF MARCH l3, 2007 The Applicant(s), RMR Consulting, Inc., has requested a variance from the UDC 11-6C-3F standard to allow a few residential block lengths within the proposed Normandy Subdivision to exceed the maximum 750-foot black length. The proposed subdivision has twa blocks that exceed the 750-foot block length; Block 1 (900 feet) and Block 2 (875 feet). The location of approved stub streets and the lack of provision of pedestrian walkways in the surrounding subdivisions da not allow these blocks to be broken up by street connections or pathways. Therefore, Staff is supportive of the Applicant's variance request. To grant a variance, City Council must make the following findings: • The variance shall not grant a right or special privilege that is not otherwise allowed in the district; • The variance relieves an undue hardship because of characteristics of the site; and • The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that the developments surrounding the proposed Normandy Subdivision dv not provide stub connections or pedestrian pathways to allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. Staff finds that requiring astub-street or a pathway within Blocks 1 and 2 would not be of any benefit to the City, and would be unreasonable and unpractical, as they would never connect to adjacent developments. Therefore, Staff is recon~unending approval of the Variance application. Please see Exhibit D below for detailed Findings regarding the requested variance. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06-065 and VAR 07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, and VAR applications subject to the condl~lons listed in Exhibit 13. The Meridian Planning and Zoning Commission heard these items on February 1. 2007. At the Dubuc hearing the Commission moved tg recommend aunroval to the City Council. The Meridian City Co~c'1 heard these items on March 13_ 2007. Ai, the public hearing they moved to annrove the snbiec~.SnnGcadnns. l.l.. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated November 15, 2006) 3. Landscape Plan (Dated December 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Normandy Subdivision - AZ-06-064, PP-t}b-ObS, &VAR-07-001 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Off' MARCH 13, 2007 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description and .Annexation Map D. Required Findings from Unified Development Code Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-67-001 Page 11 A. Drawings 1. Vicinity Map Exhibit A 2. Preliminary Plat (Dated November 15, 2006} Exlv`bit A 3. La~adscape Plan {Dated December 12, 2006) .~ .~ Exhibit A 1.3 t'vENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 SidewalksJwalkways shall be installed within the subdivision and on Locust Grave Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-o£ way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required, ff asingle-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 UbC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within ZO feet of all right-0f--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staff's failure to cite specific ordinance provisions or terms within the approved annexation preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. P[TELIC WQRKS DEPARTMENT Z.1 Sanitary sewer service to this development is being proposed via extension of maims in Chatsworth Subdivision. These mains are temporarily flowing out of shed, therefore the Applicant shall wait to sewer this property until the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, or be responsible to install an Off-peak Pumping Station. The design and location of the pumping station shall be coordinated with the Public Works Department. This condition may be rescinded by the City Engineer if information arises from ongoing modeling exercises, or other subsequent sources. 2.2 The Applicant shall install sewer mains to and through this subdivision; applicant shall coordinate main size and routvng 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. 2.3 Water service to this site is being proposed via extension of mains in Chatsworth Subdivision, Exhibit $ Reflection Ridge Subdivision, and Locust Grove Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to connect to the water main in Reflection Ridge Subdivision. 2.5 Lot 13, Block 5, does not meet the minimum frontage requirements; the Applicant shall revise the plat so that all lots meet the minimum dimensional standards. 2.G 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. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. if it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District, then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 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 final plat by the City I.nguaeer. 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 Prior to signature on the final plat by the City Engineer, any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation, 2.13 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 nat be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying far building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, Exhibit B fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 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. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One-hundred watt, high-pressure sodium streetlights, on 25' pole shall be rewired on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pale 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 the subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500' apart. (International Fire Code Appendix C} 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/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 places 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. Exhibit B h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. 3.8 The proposed 110-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 319 residents at build out. 3.9 All portions of the buildings located on Lot 8, Block 3, and Lots 14 & 15, Block 1, must be within 1~' of a paved surface as measured around the perimeter of the buildings. 3.10 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 ar 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 (I 83). 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). 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 4.3 The Police Department requests that, within the common park area, all shrubbery be restricted to two (2) feet in height or less and all tree canopies to six (6) feet in height or taller. 5. PARKS DEPARTMENT 5.1 Standard. for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. Gr. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS Exhibit B 7.1.1 Dedicate right-off way from the centerline of Locust Grove Road to total 35 feet abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-af--way which is in addition to existing right-of way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot concrete sidewalk located a minimum of 28 feet from the centerline of roadway (measured from the face of walk to the centerline of the roadway). 7.1.3 Provide a road trust to the District in the amount of $1,250 for the future construct on sidewalk on the existing bridge south of the site on Locust Grove Road. 7.1.4 Construct a right turn lane on the southbound approach an Locust Grove Road. Coordinate the design and construction of the right-turn lane with District Traffic Services Staff. 7.1.5 Construct the internal streets as a standard 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk within 50 feet ofright-of--way. 7.1.6 Construct one cul-de-sac turnaround with no center landscape island, as proposed. Provide a minimum turning radius of 45-feet for the cul-de-sac turnaround. 7.1.7 Locate the entry road intersecting Locust Grove Road approximately 850-feet south of the north property line (measured property line to centerline). 7.1.8 Construct a stub street to the north, Picasso Avenue, located approximately 563-feet east of the west property line of (measured property line to centerline). This is an extension of a stub street previously approved as part of Chatsworth Subdivision. Full alignment (centerline to centerline} of the two streets is required. 7.1.9 Construct a stub street to the south, Line A, located approximately 563-feet south of the north property line (measured property line to approximate centerlinne). This is an extension of a stub street previously approved as part of Reflection Ridge Subdivision. Full alignment (centerline to centerline) of the two streets is required. 7.1.10 Design and construct the full crossing of the Ridenbaugh Canal with the construction of the stub street to the south. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Line A) for review and approval prior to the pre-construction meeting and plat approval. The District will release the road trust funds collected from Reflection Ridge Subdivision to the Applicant. Coordinate the design of the canal crossing with District Development Review Staff. 7.1.11 Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and shall be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIItEMENTS 7.2.1 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 may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file Exhibit B 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.$ The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-off way. The Applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 1Vo 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. NAIVII°A & MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with john Anderson, Water Superintendent for NNiID, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31-3805. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 9.2 The following plans must be submitted to and appraved by the Idaho Department of Health & Exhibit B Welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B C. Legal Description and Annexation Map -~~o~ but ~GT'~~ , },~l fii~' ~Ili~ ~;~A~~' OFTH~' :'i~1C~;$~Ci~d~+t ~. a ~; :;~ ~T~3F °~~, aria, . ~~ T~t3 ~i "~'. t~~1+,1E~flF i'~ RI~~-$'~, `FHA ~'Gif:I,.t7~WW[Nt3: ;~7.1~ ~~' ;~.~lE T~ T!~ ~~,:;C~ HAVIMt~ A it~p ". ;,fi~w.LE IMF; ~;~:~,L~E1~T' OMB 1~tD iA~ ~ Nt~~ 87~"f~ ; . l~~T' Tt? A •TiE",. .... ', ~°A~'+4~i" 1At~~ ~, ~ ' "PEA ~' i~~~~~ UNE t~ ..` , . , 4. ~' DEC 13 ~~n~b~t c ~~ .~ t~~ ,~,M ~_ , ~ I' 1I~ ~ ~~ ~ ~ ~ . b -` ~ 1 1 ~~ ~' ' ~ ~ ~4 i ~ ~ ~~ f ~ ~R~ ''.~ t a .~ ~~~, f ~,~ ' .~~ ti .,~~ gar ~: ~~~~ ~ '~-.,~ ~ ~,,~ ~ ~~~ ~ ,~ K~ ~ 1 I `,~~ ~~ 1 ~w. ,.`,4 .~ ~• ~ ~.,~,, ,.• • ,, 1 -~~~ t ~+ t ~yRy~~' ~~ .I i ~~'~ ~ i . I I~(ATM+p.~oi ~JfFit817 ~'OAt ~ , ' 1Ap~M, ~T~; 1~1~iNt3 ~o. i ~ ~~ .. • , Exhibit C D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property R-8 (Medium Density Residential). The Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council Ends that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. e. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the City Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an 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 Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (UDC 11-SBi-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the Iand in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R 8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public serntces are available or can be made available and are adequate to accommodate Exhibit D the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details) G The plat is inn conformance with scheduled public improveme~s in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. Staff and the Commission recommend the Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff and the Comxission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. 3. Variance Findings: a. The variance shaII not grant a rlght or special privilege that is not otherwise allowed in the district; The UDC restricts residential block lengths to a maximum of 750-feet. I~Iowever, the Council finds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways that allow Blocks 1 and 2 to meet the 750-foot black length standard in accordance with the UDC. The subject variance would not be granted but for the layout of the surrounding development. Further, the Council finds that requiring stub-streets or pathways within Blocks 1 and 2 would not be of any benefit to the city or future residents in this area and would be unreasonable and unpractical, as they would never connect to any future development. b. The variance relieves an undue hardship because of characteristics of the site; As noted above, the Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the Applicant. The adjacent developments have not provided street or pedestrian connections that would accommodate the aforementioned blocks at less than 750 feet. Based on the nature and location of street and pedestrian connections within adjacent developments, the Council finds that strict compliance Exhibit D with the requirements of LTDC 11-6C-3F would result in undue hardship to the owner, subdivider, and / or developer. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that the proposed variance will not be detrimental to the public health, safety, or welfare. However, Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. Exhibit D March 23, 2007 PP 06-065 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT RMR Consulting, Inc ITEM NO. 5-~ REQUEST Findings for Approval -- 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 - 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the CNy of Meridian. COMMENTS See Findings In AZ Packet CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER ,s C:i7Y 4SF ~ . ' ~*,. u ~ ID.1HC] ~ ~• :~ In the Matter of Annexation and Zo>ming of 27.05 acres from RUT to R-8 AND Preliminary Plat Approval for 109 single-family building lots and 7 common lots, on 27.05 acres in the proposed R 8 zone AND Variance Approval to the block length standard (I7DC 11-6C-3~ within $ residential district, for Normiandy Subdivision, by RMR Consulting, Inc. Case No(s). AZ-O6-064, PP-06-065, VAR-O?-001 For the City Council Hearing Date of: March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference} 2. Process Facts {see attached Staff Report for the hearing date of Mazch 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 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 Flanning 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 Cade, 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-06-064, PP-06-OS5, & VAR 07-001 (PAGE 1 of 4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 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 Chder Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated November 15, 2006, by the City of Meridian, is hereby conditionally approved; 2. The Applicant shall eliminate one building lot from the group of lots, one through seven, flock 3, and increase the square footage of the adjacent lots for a total minimum of 8,000 square feet. The ma~tmum number of buildable lots for the development shall be 109. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission far preliminary plat approval. Upon written request and f led 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DI~CISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, &VAR-07-001 (PAGE 2 of 4) approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-$003, 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 ar denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-ob-Q64, PP-06-065, & VAR-07-001 (k'AGE 3 of4) By action of the City Council at its regular meeting held on the ~ 7 ~ day of ~~ ~_, 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TANIMY de WEERD (TIE BREAKER) VOTED ~`7~Jd~-~` VO'TED_~~.. VOTED',~~'r~"'~ VOTED ~~ ..d May y de Weerd `\`````~, 11 1111!111/// Attest: ~ O G~'~ r~ `~ d .~ William G. Berg, Jr., City lark _ -~ / ~ ~~` Copy served upon Applicant, The Plannii~g,'lten~~3~iiblic Works Department and City !!!tlrr~illlll~~~~ Attorney. By: ~~~ ~ltJ ~~.~~ Dated: ~ ~ ~2~ ~`7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, &VAR-07-001 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/Z007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner SUBJECT: Normandy Subdivision • A7r06-064 Annexation and Zoning of 27.OS acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-Of~065 Preliminary Plat of ~ 1~ single-family building lots and 7 common lots on 27.05 acres in a proposed R-8 zone • VAR-07-001 Variance to the block length standard (iJDC 11-6C-3F) within a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for Annexation and Zoning (AZ) of 27.OS acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 110 single family residential lots and 7 common lots far Normandy Subdivision. The subject property is located on the west side of Locust Grove Road, approximately %z mile north of Amity Road in Section 30, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S 1 130417300. The site has not been previously platted. The subject property is within the City's Area of Impact and Urban Service Planning Area. The gross density of the proposed development totals 4.06 dwelling units per acre. The application does not directly comply with the Comprehensive Plan. Future Land Use Map for the site which designates the area as "Low Density Residential." However, the Comprehensive Plan does allow a step up or down for residentially designated properties. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The proposed density is in accord with the proposed R-8 zoning district. The Commission should note that the Applicant has also applied for a Variance (VAR) to the residential black lengths standard, UDC 11-6C-3F, within the proposed Normandy Subdivision. Said application will be before City Council concurrent with the subject applications. 2. SUMMARY RECOIVIlVIENDATION The subject applications (AZ-06-064, PP-06-065, & VAR-07-001) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary plat, and Variance applications. Staff is recommending approval of the proposed Normandy Subdivision subject to the conditions Ltsted in Exhibit B of the Staff Repgrt. The Meridian Pls~nnins and Z+u1~Commission heard these items on February 1.2007. At the uublic h ~ the Commissign mgved to recommend an~roval to the City C uncil. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR 07-001 page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF MARCH 13, 2007 a. Sµ~ma~ry Of COmQliSSiQII I~libll_C $@$rin8• i. In Favor: Matthew Schultz (Applicant) ii. In Apposition: None iii. Commentiu~: None iv. Written Testimony' None v. StaffPresenting,App~caticZn• Amanda_ H mss, vi. Other Staff Commenting on Application• None b. I{ev Issues of Discussion b~, Commissian- i. Transitionin of lot sizes to Reflgction Ridge Subdivision to the south c. rev Commission Chang_es~o Staff Xtecommenclation• i. Ret moved Staff s Condition of Approval 12 5 which statesx "Eliminate one building lot from the group of lots one throu hg~s~ven, Block 3 and increase the square footage of asltacent lots for a total minimum of $ 000 sgltaze feet Maximum number of buildable lots shall be 109." d. Ont a g Issue, sl for Citv Cauncfl• i. Staff st' 1 supports the removal of owe buildinglot from the aforementioned grouping to provide a better transition to the south The MT 'fin City C'o~~c;l heard hence items on March 13 2007, A~ thgPnb 3 hearin th v mo re.-' to approve the ~biect ~nnlt~tions. a. i, j~avar' Matttle~5_c_hult? Pin i ant) ii. In. Q~nos~n~' None iii. ~°~nmenti~:~T~ne iv. Wzitken Testimo~X_~N___~one v. ,~taffPresenting Arrolic~tion• 1-~n_na Canning Vl. Other StatT~ mentin4r Ori Ap~li~ati0 b. I~ev ><asues ofD3scussiQn by Cnnnc3l: ii. Whether the seenase bps lor~ated wi hip ~e cornm~area yyill Lender the space nucab e c. from tie ~roun of lobs one thror ugh seven Block 3 and 1nM'eage~~ ~arP fnntaoP of r3dLacent lots for a~otai minims of $ 000 aTp feet t~t~Yime,,,~ number of buuldable lots shall be ~ 09 " 3. PROPOSED MOTIt~NS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06- 064, PP-06-065, and VAR-07-001, as presented in the staff report for the hearing date of March 13, 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- Ob4, PP-0~-065, and VAR-07-001, as presented during the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat, and/or variance request.) Normandy Subdivision - AZ-06-064, PP-b6-ObS, & VAR-07-001 page 2 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF MARCH 13, 2007 Contnnnance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-06- 064, PP-06-065, and VAR-07-0O1 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: 4145 S. Locust Grove Road Meridian, ID 83642 Section 30, T3N, R1E b. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 e, Owner: James Patterson 9362 Wichita Street Boise,lD 83709 d. Representative: Matt Schultz, RMR Consulting, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): Dated November 15, 2006 2. Date of Landscape Plan (See Exhibit A): Dated December 12, 2006 h. Applicant's Statement/Justification: The proposed annexation, zoning, and preliminary plat application carefully considered all aspects of the Comprehensive Plan, Zoning Ordinance, site location, surrounding neighbors, and the housing market in Meridian to develop a quality residential development. The proposal complies with the intent of the Comprehensive Plan and the requested zoning for the development. Please see Applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Cede, Title 11, Chapter 5, a public hearing is required before tine City Council on this matter. c. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public heating is required before the City Council on this matter. Normandy Subdivision - AZ-06-064, PP-(16-065, & VAR-07-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARING DATE OF MARCH 13, 2007 d. Newspaper notifications published an: January 15, 2007, & January 29, 2007 (Planning & Zoning Commission) February 19 2007, & March 5.2007 (City Council) e. Radius notices mailed to properties within 300 feet on: January 5, 2007 (Planning & Zoning Commission) February 16.2007 (qty Council) f. Applicant posted notice on site by: January 29, 2007 (Planning & Zoning Commission) March 3.2007 (City Councill 6. LAND USE a. Existing Land Use(s): Qne existing home and agricultural land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some o£ which has recently been proposed for residential development in the city. c, Adjacent Land Use and Zoning: 1. North: Chatsworth Subdivision, zoned R-8; Pisa Place Subdivision, zoned R 8 2. East: Rural residential, zoned RUT (Ada County) 3. South: Reflection Ridge Subdivision, zoned R-4; Rural residential, zoned RUT (Ada County) 4. West: Reflection Ridge Subdivision, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. This property is proposing sewer to Chatsworth. Subdivision to the north. Location of water: This property is proposing water service to via extension of mains in Chatsworth Subdivision, Locust Grove Road, and Reflection Ridge Subdivision. Issues or concerns: The Applicant is proposing severing to mains that are temporarily flowing out of shed. The Applica~ shall be responsible for the installation of an-off peak pumping station, if they plan on developing prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Floodplain: N/A 4. Canals/Ditches/Imgation: Ridenbaugh Canal runs along the southern property boundary 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 27.05 acres f. Subdivision Plat Information: Normandy Subdivision - AZ-06-06A, PP-06-065. & VAR-07-0Ol Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1. Residential Lots: 110 2. Non residential Lots: 0 3. Total Building Lots: 110 4. Common Lots: 7 5. Total Lots: 116 6. Open Lots: 0 7. Residential Area: 27.05 acres 8. Gross Density: 4.06 units per acre (5.32 net density) 9. Lot Sizes: Lot sizes range from 5,200 square feet to approximately 12,000 square feet. The average lot size is approximately 6,500 square feet. g. Landscaping: 1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The UDC (Table 11-ZA-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Locust Grove Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.2 acres (15.5%) 4. Percentage of site as useable open space: 1.41 acres (5.6%) 5. Other landscaping standards: Landscaping adjacent to micropaths should comply with UDC 11-3B-12. Common 1 open space lots should include at least one deciduous shade tree per 8,000 squaze feet (LTDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from a proposed public street intersecting Locust Grove Road. The access, Alencon Street, is located approximately 800 feet south of the '/z mile section between Amity and Victory Roads. The secondary accesses to the development will be via Ficassa Avenue, a public stub connection constructed with the Chatsworth Subdivision at the north property boundary; and via Reflection Ridge Drive, a public stub proposed with the Reflection Ridge Subdivision to the south. ACRD is supportive of the proposal as long as all Site Specific a~ad General Requirements are met. (See Ezhiblt B-7) 7. COMMENTS MEETING On January 12, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential azeas are anticipated to contain single family residences at densities up to three dwelling units per acre. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat includes 110 residential building lots on 27.05 acres for a gross density of 4.06 dwelling units/acre. The proposed density is in accord with the proposed R-8 zoning district. 'The gross density is not within the low density Normandy Subdivision - AZ-06-064, PP-Ob-065, & VAR 07-001 paw 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 range outlined in the Comprehensive Plan. As stated above, the application does not directly comply with the Comprehensive Plan Map designation. However, the Comprehensive Plan does allow the Commission and Council to consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Staff is supportive of a step up in density for this project. The following Comprehensive Plan policies apply to this application (staff analysis in italics below policies): • Chapter VII, Goal ffi, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the follawing manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Grace annexed, the lands will 8e under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff s Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District {ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will 8e provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 - Requre pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, in addition to the proposed internal micropathway system. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Normandy Subdivision - AZ-06-OCs4, PP-06-065, & VAR-07-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Staff finds that the residential developments to the north and south are generally compatible with the proposed subdivision. However, Staff believes that Lots 1-7, Block 3, which are proposed along the southwest boundary, do not appropriately transition with that provided by Reflection Ridge across the Ridenbaugh Canal. Staff`' believes that the lot sizes proposed along this boundary should be increased. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The subject development utilizes two existing stub connections provided by the adjacent subdivisions, Chatsworth Subdivision and Reflection Ridge Subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the pesblic hearing when determining if the Applicant's zoning and development request is appropriate for this property. ~. ZONIl~TG ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R 8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code. (Please see Comprehensive Plan Analysis above for the ApplicaYrt's requested step up in density, from low to medium - R-8 zoning) Staff believes that this is a suitable location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared by Michael Marks, PLS, on October 23, 2006) shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed in this instance. All applicable Normandy Subdivision - AZ-05-064, PP-06-055, & VAR 07-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RHI'ORT FOR THE HEARING DATE OF MARCH 13, 2007 conditions regarding the development of this property are contained in the preliminary' plat approval PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Cade, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: The Applicant has proposed a public street from Locust Grove Road as the primacy access to the subject development. Chatsworth Subdivision and Reflection Ridge Subdivision, although not fully developed at this time, have supplied Cottswold Villages with two stub street connections, thus providing Normandy with two additional access points to the north and south City and ACHD Staff are generally supportive of the proposed public street access, as proposed. 2. Internal Streets: Internal streets sections aze proposed to be at least 36 feet wide with rolled curbs, gutter, and 5-foot concrete sidewalks. The Applicant should note that "Lime A" Street, the extension of the stub connection provided by Reflection Ridge Subdivision, must be renamed to "Reflection Ridge Drive," as the final plat far Reflection Ridge has been recorded and naming for this street already established. 3. Lot Sizes: In order for the project to better comply with the policies outlined in the Comprehensive Plan, Staff is supportive of eliminating one building lot at the southwest property line; specifically, within the grouping of Lots 1-7, Block 3. This reduction in the number of lots would address Staffs concerns over the transitioning of lot sizes from this development with that across the canal within the Reflection Ridge Subdivision, where the building lots tota19,600 square feet. 4. Elevations: The Applicant has not provided Staff with sample elevations of the housing products to be constructed within the Normandy Subdivision. Staff recommends that the Applicant bring prospective elevations to the Planning & Zoning Commission hearing. 5. Landscaping: The Applicant has supplied 4.2 acres (15.5%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. Of the 4.2 acres of open space provided, 1.41 acres (5.6%) is considered useable open space. The majority of open space is provided in the form of central common area on Lot 5, Block 4, with a tot lot and basketball courts. Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, no label, and dated 12112/2006. The plan shall demonstrate compliance with the following standards. Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said paths. All landscaping adjacent to Locust Grove Road should conform to the requirements of IJL7C 11-3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Normandy Homeowners Association. Normandy Subdivision - AZ-06-064, PP-A6-065, & VAR-07-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 5. Micropathways: Four micropath connections are proposed within Normandy. This provides for better pedestrian accessibility within the development to the centralized common area as well as the future multi-use pathway on the south side of the Ridenbaugh Canal (being constructed by the developer of Reflection. Ridge). The Police Department has concerns related to visibility along all micropathways and requests the Applicant provide sufficient lighting along the micropathway. All nvicropaths shall be constructed in accordance with UDG l I-3A-8. Landscaping adjacent to all micropaths should comply with UDC 11-3B. Maintenance of all micropathways shall be the responsibility of the Normandy Homeowner's Association. 6. 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. 7. Fencing: The Applicant is proposing siz-foot vinyl fendng along Locust Grove Road, tYve-foot vinyl-coated fencing along the Ridenbaugh Canal, and five-foot wrought iron fencing adjacent to the central common area and all micropathways. There is existing siz-foot vinyl fencing installed at Normandy's north property boundary provided by the Chatsworth Subdivision, an e~tsting development. T'he Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to six feet in height, if open vision. Tf closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, excepting the Ridenbaugh Canal. 9. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 10. Existing Structures: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. T?rior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. VARIANCE ANALYSIS: Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-O7-0Ol Page 9 CITY OF MERIDIAN PLANNING DF,PARTNIENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 The Applicant(s), RMR Consulting, Inc., has requested a variance from the UDC 11-6C-3F standard to allow a few residential block lengths within the proposed Normandy Subdivision to exceed the maximum 750-foot block length. The proposed subdivision has two blocks that exceed the 750-foot block length; Block 1 (900 feet) and Block 2 (875 feet). The location of approved stub streets and the lack of provision of pedestrian walkways in the surrounding subdivisions do not allow these blocks to be broken up by street connections or pathways. Therefore, Staff is supportive of the Applicant's variance request. To grant a variance, City Council must make the following findings: • The variance shall not grant a right or special privilege that is not otherwise allowed in the district; • The variance relieves an undue hardship because of characteristics of the site; and • The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that the developments surrounding the proposed Normandy Subdivision dv not provide stub connections or pedestrian pathways to allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. Staff finds that requiring astub-street or a pathway within Blocks 1 and 2 would not be of any benefit to the City, and would be unreasonable and unpractical, as they would never connect to adjacent developments. Therefore, Stag' is recommending approval of the Variance application. Please see Exhibit D below for detailed Findings regarding the requested variance. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06-065 and VAR 07-0O1 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, and VAR applications subject to the conditions listed in E~'bit iS. Tple Merldian Planning and Zoning Commission heard these items on February 1. 2007. At the public hearing the Commission moved to recommend ~pnroval to the City Council. The Meridian Citv Co neil_ heard these items on Mar h 1 2007. At t e .public hearing they moved to annrove he snbiec__ann i ons ],].. EXHYBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated November 15, 2006) 3. Landscape Plan (Dated December 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Normandy Subdivision - AZ-06-064, PP-06-ObS, &VAR-07-001 Page 10 CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Ada County Highway District $. Nampa & Meridian Inrigation District 9. Central District Health Department C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Nozmandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 11 A. Drawings 1. Vicini~.}+ Map Ex}ubit A 2. Preliminary Plat (Dated November 15, 2006} Extu`bit A 3. Landscape Plan (Dated December 12, 20Q6) r:,. T~`'.;: /~'l i1 i': ~' ~M } L aC Q Exhibit A 1.3 GENERAL REQUIREMENTS-PRELIMTNAI7.Y PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Locust Crrave Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle--point connection to the culinary water system shall be required. If a single-point connection is utiliized, 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 MGC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. Tf permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staff's failure to cite specific ordinance provisions or terms within the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of maims in Chatsworth Subdivision. These mains are temporarily flowing out of shed, therefore the Applicant shall wait to sewer this property until the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, or be responsible to install an Off-peak Pumping Station. The design and location of the pumping station shall be coordinated with the Public Works Department. This condition may be rescinded by the City Engineer if information arises from ongoing modeling exercises, or other subsequent sources. 2.2 The Applicant shall install sewer mains to and through this subdivision; applicant shall coordinate main size and routvng 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. 2.3 Water service to this site is being proposed via extension of mains in Chatsworth Subdivision, Exh~'bit 8 Reflection Ridge Subdivision, and Locust Grove Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to connect to the water main in Reflection Ridge Subdivision. 2.5 Y.ot 13, Block S, does not meet the. minimum frontage regwlrements; the Applicant shall revise the plat so that all lots meet the minimum dimensional standards. 2.6 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. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public tight of way (include all water services and hydrants). 2.8 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this prof ect. If it is to be owned and maintained by an Irrigation District, then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LTDC I1-3A-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. ff asingle-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. Z.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 Prior to signature on the final plat by the City Engineer, any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 2.13 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. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, Exhibit B fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 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. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the Applicant to ensure that all development features comply wrath the Americans with Disabilities .Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to tlae Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One-hundred watt, high-pressure sodium streetlights, on 2S' 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 the 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. F]atE DJEPART'MEIVT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of S00' apart. (International Fire Code Appendix G) 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41/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 hydraat 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. Exhibit 13 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than. 50 homes. 3.$ The proposed 110-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 319 residents at build out. 3.9 All portions of the builldings located on Lot 8, Block 3, and Lots 14 & 15, Block 1, mast be within iS0' of a paved surface as measured around the perimeter of the buildings. 3.10 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 read, 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. 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). 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 4.3 The Police Department requests that, within the common park area, aU shrabbery be restricted to two (2) feet in height or less and all tree canopies to sior {~ feet in height or taller. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (LTDC 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 (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS Extu`bit B 7.1.1 Dedicate right-o£ way from the centerline of Locust Grove Road to total 35 feet abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested raaaterial. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot concrete sidewalk located a minimum of 28 feet from the centerline of roadway (measured from the face of walk to the centerline of the roadway). 7.1.3 Provide a road trust to the District in the amount of $1,250 for the future construct on sidewalk on the existing bridge south of the site on Locust Grove Road. 7.1.4 Construct a right turn lane on the southbound approach an Locust Grove Road. Coordinate the design and construction of the right-turn lane with District Traffic Services Staff. 7.1.5 Construct the internal streets as a standard 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk within 50 feet ofright-of--way. 7.1.6 Construct one cul-de-sac turnaround with no center landscape island, as proposed. Provide a minimum turning radius of 45-feet far the cul-de-sac turnaround. 7.1.7 Locate the entry road intersecting Locust Grave Road approximately 850-feet south of the north property line (measured property line to centerline). 7.1.8 Construct a stub street to the north, Picasso Avenue, located approximately 563-feet east of the west property line of (measured property line to centerline). This is an extension of a stub street previously approved as part of Chatsworth Subdivision. Full alignment (centerline to centerline) of the two streets is required. 7.1.9 Construct a stub street to the south, Line A, located approximately 563-feet south of the north property line (measured property line to approximate centerline). This is an extension of a stub street previously approved as part of Reflection Ridge Subdivision. Full alignment (centerline to centerline) of the two streets is required. 7.1.10 Design and construct the full crossing of the Ridenbaugh Canal with the construction of the stub street to the south. Submit the bridge plans for the crossing o£ the Ridenbaugh t„anal(Line A) for review and approval prior to the pre-construction meeting and plat approval. The District will release the road trust funds collected from Reflection Ridge Subdivision to the Applicant. Coordinate the design of the canal Grassing with District Development Review Staff. 7.1.11 Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and shall be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIltEMENTS 7.2.1 Existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with fide Exhibit B number) far 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 Polfcy Manual, ISPWC Standazds 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.$ The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.4 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees 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 breakimg ground within ACRD right-off way. The Applicant shall contact ACRD 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 aze 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. NAMPA ~ MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. ' 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final, plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Cade 31-3805. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 9.2 The fallowing plans must be submitted to and approved by the Idaho Department of Health & F,xhibit B Welfare, Division of Environmental Quality: central sewage and cemtral water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit S C. Legal Description and annexation Map ~~~~`~ ~~f !~l~i1~t T~ . ;. ~ ~ ~~,t ., . w~ ,r~;~. °~~i t~FTH ;'~ '~'f't?F '~'N~ ~. ~©~..~: ~!~ T.~,i~l.. l~.fi •E.~ ..., ~~; PO~iT fly' ... ?$. . ~.•~ AC~°"3~' ~ 7~QI TI~ .. ~- k C~' ;ICI •; ~.~~El~il:tME~dfi`Ti~~Rl~~11t'..~ , , `FH€~f~Ll.~'7ANtNt3: . ~$ ~ ~ "1~:~9 SET Tt~.A ~ '~A~RE: ;$87.12 B ~!l~11'E Tfl' ~„k;Cl~FB i~1VIAPf~ A ~it~ ",,;~ ;„~iA~fi.E t~SF,: ~~,~-:t,~il~ERlT t~F . , ~~ ~';~1•~°+~'4~I~It` .~ : ~ ~~, `" '~A'~+t~.~~~t~TH LANE ~ >~ . ,~;- ~;. D~~ ~ 3 ~- Exhibit C ~~~ ~~ I. ~~ ''' ` ~~.. ~.~ t i =~. _-~~._ _ ..~_ ~ f ~- __ ~~ I~ `~ •,; ~ ~ ~ ~ ~1 f4 ram ~, ~ ~4 ' ~~~ 14 ~ ~~~ ~ti ~, 1 ~,~~ i t • "r n ~ ., ~ ~' '~. 3` ~~ I I ~~~. `~ 1 .1~d4 ~ '• ~~ •.J r_ ~, ~s ter. ~ ~~ •~+~rtrrv S t ~.~ ~~+ mac. # ~~ . .. .. .~ ~~-~ I~'!'ti ~tHt@~T F't~ ~'~~~~ ~ ~ 7H~ ~ t ~ , ,. ~~, ~ , ~ ~ ~ S. ~ tar ' iAp~t ~T~; 1€3AFIa ~ Sao: .. ~~ .=~ 9F.f:~'~ ~A4Et ~ r ~ ~ aae ~~a ai .., Exhibit C D. Retluired Findings from Unified Development Code 1. Annexation Findings: Upou 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 R-8 (Medium Density Residential). The Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section $, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that single-family residences are allowed within the requested zoning district of R 8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detriimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the City Council rely on any oral or written testimony that may be provided when detwrmining t~s 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 distracts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (LJDC 11-5'13-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. Tlae Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R S would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and tlnal plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Pnbllc services are available or can be made available and are adequate to accommodate Exhibit D the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details) G 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 own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff and the Commission recommend the Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff and the Cvmuaission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic features} of major importance of which Staff and the Commission are unaware. 3. Variance Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the clistrict; The UDC restricts residential block lengths to a maximum of 750-feet. However, the Council finds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways that allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. The subject variance would not be granted but for the layout of the surrounding development. Further, the Council finds that requiring stub-streets or pathways within Blocks 1 and 2 would not be of any benefit to the city or future residents in this area and would be unreasonable and unpractical, as they would never connect to any future development. b. The variance relieves an undue hardship because of characteristics of the site; As noted above, the Council finds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the Applicant. The adjacent developments have not provided street or pedestrian connections that would accommodate the aforementioned blocks at Iess than 750 feet. Based on the nature and location of street and pedestrian connections within adjacent developments, the Council finds that strict compliance Exhibit D with the requirements of UDC 11-6C-3F would result in undue hardship to the owner, subdivider, and I or developer. c. The variance shall not be detrimentaY to the public health, safety, and welfare. The Council finds that the proposed variance will not be detrimental to the public health, safety, or welfaze. However, Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. Exhibit D March 23, 2007 VAR 07-001 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT RMR Consulting, Inc ITEM NO. 5-K REQUEST Findings for Approval -- Request for a Variance to the UDC standard of maximum allowable length of 750 feet for Normandy Subdivision - 4145 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Findings in AZ Packet for AZ, PP 8 VAR Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Date: Phone: • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .. f~ ~~ ~ } ~~ - e,r-~,a ~~ ~~ ~ s1 ~ -t "~ a .,~, r~~x ~ ~ ~1 a, ,~.~~a ~~~a F~~~ ~~ In the Matter of Annexation and Zoning of 27.05 acres from RUT to R-8 AND Preliminary Plat Approval for 109 single-family building lots and 7 common lots, on 27.05 acres in the proposed R-8 zone AND Variance Approval to the block length standard (UDC 11-6C-3F) within a residential district, for Normandy Subdivision, by RMR Consulting, Inc. Case No(s). AZ-06-064, PP-06-065, VAR-07-001 For the City Council Hearing Date of: March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 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-06-064, PP-06-065, & VAR-07-001 (PAGE 1 of 4) C 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated November 15, 2006, by the City of Meridian, is hereby conditionally approved; 2. The Applicant shall eliminate one building lot from the group of lots, one through seven, Block 3, and increase the square footage of the adjacent lots for a total minimum of 8,000 square feet. The maximum number of buildable lots for the development shall be 109. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & VAR-07-001 (PAGE 2 of 4) • • approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & VAR-07-001 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the G 7 ~ 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 / ~ ~J~ VOTED_ I~~lti VOTED_~~~~~ VOTED ~r /~a~~~' ~ Mayo y de Weerd \e~`4~~~ ~n itteotieisi o\e\o~~ ~~ `ds®®o/ Attest: ~~~ William G. Berg, Jr., City Jerk .~ ~ e Copy served upon Applicant, The Plannil~~ttttr„t" 1111ant{,3~liblic Works Department and City Attorney. B ~'lC~,~1~'"lU~i~.~~~ Dated: ~~~Z~- Y City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & VAR-07-001 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner SUBJECT: Normandy Subdivision • AZr06-064 ~~ '~ •,~ ~,,4~r, ~, ; ' ~~fi ~ ~ , ~~ ~ 1 cry ~n~ V i «6~ 4 S 4i ~~ Fr Annexation and Zoning of 27.05 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-065 Preliminary Plat of ~ 10~ single-family building lots and 7 common lots on 27.05 acres in a proposed R-8 zone • VAR-07-001 Variance to the block length standard (iJDC 11-6C-3F) within a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for Annexation and Zoning (AZ) of 27.05 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 110 single family residential lots and 7 common lots for Normandy Subdivision. The subject property is located on the west side of Locust Grove Road, approximately %z mile north of Amity Road in Section 30, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S1130417300. The site has not been previously platted. The subject property is within the City's Area of Impact and Urban Service Planning Area. The gross density of the proposed development totals 4.06 dwelling units per acre. The application does not directly comply with the Comprehensive Plan Future Land Use Map for the site which designates the area as "Low Density Residential." However, the Comprehensive Plan does allow a step up or down for residentially designated properties. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The proposed density is in accord with the proposed R-8 zoning district. The Commission should note that the Applicant has also applied for a Variance (VAR) to the residential block lengths standard, UDC 11-6C-3F, within the proposed Normandy Subdivision. Said application will be before City Council concurrent with the subject applications. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-064, PP-06-065, & VAR-07-001) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed Normandy Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoninn Commission heard these items on February 1, 2007. At the public hearing the Commission moved to recommend annroval to the City Council. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 a. Summary of Commission Public Hearin: i. In Favor: Matthew Schultz (Applicant) ii. In Opposition: None iii. Commenting. None iv. Written Testimony: None v. Staff Presentin A lication: Amanda Hess vi. Other Staff Commenting on Application• None b. Kev Issues of Discussion by Commission: i. Transitionine of lot sizes to Reflection Ride Subdivision to the south c. Kev Commission Changes to Staff Recommendation• i. Removed Staff's Condition of Approval 1 2 5 which states "Eliminate one building lot from the ou of lots one through seven. Block 3 and increase the sauaze footage of adiacent lots for a total minimum of 8 000 sauaze feet Maximum number of buildable lots shall be 109." d. Outstandin Issue(s) for Citv Council: i. Staff still supports the removal of one building lot from the aforementioned grouping to provide a better transition to the south The Meri ian ity OLDC~I h .ard thpge iteinc_ nn Mgrnh 1'i ~nn~ S} }},o „„}~~;~, ho.,..:..,. H.e., .....~prl ---- ----- - - - -- ----- ------ o annrove the sLbie aDD i bons a. Summary of ity ounc'1 1?Lhli Fipa_rinu~ i. In Favor: Matthew Schultz (Applicant) ii. In Opposition: None iii. Commentine: None iv. Written Testimony None v. StaffPresentin¢ Application• Anna CanninE vi. Other Staff Commenting on Application: None b. ev I cue of Di ncsion by ounc'l: i. Tr3nsitionine of lot sizes to Reflection Ridee Subdivision to the sout ii. Whether the seepaee beds located within the common area will render the cnar.P „n„cahlP c. Kev Counc'1 .hanaec t ommis. ion Rernmm .nd ' i. Reinstated Staffs Condition of Approval 1 2 5 which states "Eliminate nne huildin¢ Int from the group of lots one through seven Block 3 and increase the sausre footage o adiacent lots for a tota_1 minimum of 8 000 square feet Max_ imam nnmh_Pr of hnilriahlr~ lots shall be 109." 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06- 064, PP-06-065, and VAR-07-001, as presented in the staff report for the hearing date of Mazch 13, 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- 064, PP-06-065, and VAR-07-001, as presented during the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat, and/or variance request.) Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Continuance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-06- 064, PP-06-065, and VAR-07-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4145 S. Locust Grove Road Meridian, ID 83642 Section 30, T3N, R1E b. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 c. Owner: James Patterson 9362 Wichita Street Boise, ID 83709 d. Representative: Matt Schultz, RMR Consulting, Inc. e. Present Zoning: RiTT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): Dated November 15, 2006 2. Date of Landscape Plan (See Exhibit A): Dated December 12, 2006 h. Applicant's Statement/Justification: The proposed annexation, zoning, and preliminary plat application carefully considered all aspects of the Comprehensive Plan, Zoning Ordinance, site location, surrounding neighbors, and the housing market in Meridian to develop a quality residential development. The proposal complies with the intent of the Comprehensive Plan and the requested zoning for the development. Please see Applicant's narrative for more information. 5. PROCESS FACT5 a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 d. Newspaper notifications published on: January 15, 2007, & January 29, 2007 (Planning & Zoning Commission) February 19, 2007, & March 5, 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: January 5, 2007 (Planning & Zoning Commission) Feb 16, 2007 (City Council) f. Applicant posted notice on site by: January 29, 2007 (Planning & Zoning Commission) March 3.2007 (City Council) 6. LAND USE a. Existing Land Use(s): One existing home and agricultural land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development in the city. c. Adjacent Land Use and Zoning: 1. North: Chatsworth Subdivision, zoned R-8; Pisa Place Subdivision, zoned R-8 2. East: Rural residential, zoned RUT (Ada County) 3. South: Reflection Ridge Subdivision, zoned R-4; Rural residential, zoned RUT (Ada County) 4. West: Reflection Ridge Subdivision, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing sewer to Chatsworth Subdivision to the north. Location of water: This property is proposing water service to via extension of mains in Chatsworth Subdivision, Locust Grove Road, and Reflection Ridge Subdivision. Issues or concerns: The Applicant is proposing sewering to mains that are temporarily flowing out of shed. The Applicant shall be responsible for the installation of an-off peak pumping station, if they plan on developing prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: Ridenbaugh Canal runs along the southern property boundary 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 27.05 acres f. Subdivision Plat Information: Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-0O1 Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1. Residential Lots: 110 2. Non-residential Lots: 0 3. Total Building Lots: 110 4. Common Lots: 7 5. Total Lots: 116 6. Open Lots: 0 7. Residential Area: 27.05 acres 8. Gross Density: 4.06 units per acre (5.32 net density) 9. Lot Sizes: Lot sizes range from 5,200 square feet to approximately 12,000 square feet. The average lot size is approximately 6,500 square feet. g. Landscaping: 1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Locust Grove Road. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 4.2 acres (15.5%) 4. Percentage of site as useable open space: 1.41 acres (5.6%) 5. Other landscaping standards: Landscaping adjacent to micropaths should comply with UDC 11-3B-12. Common /open space lots should include at least one deciduous shade tree per 8,000 square feet (LTDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from a proposed public street intersecting Locust Grove Road. The access, Alencon Street, is located approximately 800 feet south of the % mile section between Amity and Victory Roads. The secondary accesses to the development will be via Picasso Avenue, a public stub connection constructed with the Chatsworth Subdivision at the north property boundary; and via Reflection Ridge Drive, a public stub proposed with the Reflection Ridge Subdivision to the south. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-'n 7. COMMENTS MEETING On January 12, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat includes 110 residential building lots on 27.05 acres for a gross density of 4.06 dwelling units/acre. The proposed density is in accord with the proposed R-8 zoning district. The gross density is not within the low density Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 range outlined in the Comprehensive Plan. As stated above, the application does not directly comply with the Comprehensive Plan Map designation. However, the Comprehensive Plan does allow the Commission and Council to consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Staff is supportive of a step up in density for this project. The following Comprehensive Plan policies apply to this application (staff analysis in italics below policies): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff' is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, in addition to the proposed internal micropathway system. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Staffflnds that the residential developments to the north and south are generally compatible with the proposed subdivision. However, Staff believes that Lots 1-7, Block 3, which are proposed along the southwest boundary, do not appropriately transition with that provided by Reflection Ridge across the Ridenbaugh Canal. Staff believes that the lot sizes proposed along this boundary should be increased. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The subject development utilizes two existing stub connections provided by the adjacent subdivisions, Chatsworth Subdivision and Reflection Ridge Subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code. (Please see Comprehensive Plan Analysis above for the Applicant's requested step up in density, from low to medium - R-8 zoning) Staff believes that this is a suitable location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared by Michael Marks, PLS, on October 23, 2006) shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed in this instance. All applicable Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 conditions regarding the development of this property are contained in the preliminary plat approval. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: The Applicant has proposed a public street from Locust Grove Road as the primary access to the subject development. Chatsworth Subdivision and Reflection Ridge Subdivision, although not fully developed at this time, have supplied Cottswold Villages with two stub street connections, thus providing Normandy with two additional access points to the north and south City and ACRD Staff aze generally supportive of the proposed public street access, as proposed. 2. Internal Streets: Internal streets sections aze proposed to be at least 36 feet wide with rolled curbs, gutter, and 5-foot concrete sidewalks. The Applicant should note that "Line A" Street, the extension of the stub connection provided by Reflection Ridge Subdivision, must be renamed to "Reflection Ridge Drive," as the final plat for Reflection Ridge has been recorded and naming for this street akeady established. 3. Lot Sizes: In order for the project to better comply with the policies outlined in the Comprehensive Plan, Staff is supportive of eliminating one building lot at the southwest property line; specifically, within the grouping of Lots 1-7, Block 3. This reduction in the number of lots would address Staff's concerns over the transitioning of lot sizes from this development with that across the canal within the Reflection Ridge Subdivision, where the building lots tota19,600 square feet. 4. Elevations: The Applicant has not provided Staff with sample elevations of the housing products to be constructed within the Normandy Subdivision. Staff recommends that the Applicant bring prospective elevations to the Planning & Zoning Commission hearing. Landscaping: The Applicant has supplied 4.2 acres (15.5%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-1. Of the 4.2 acres of open space provided, 1.41 acres (5.6%) is considered useable open space. The majority of open space is provided in the form of central common azea on Lot 5, Block 4, with a tot lot and basketball courts. Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, no label, and dated 12/12/2006. The plan shall demonstrate compliance with the following standazds. Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said paths. All landscaping adjacent to Locust Grove Road should conform to the requirements of UDC 11-3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Normandy Homeowners Association. Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 5. Micropathways: Four micropath connections are proposed within Normandy. This provides for better pedestrian accessibility within the development to the centralized common area as well as the future multi-use pathway on the south side of the Ridenbaugh Canal (being constructed by the developer of Reflection Ridge). The Police Department has concerns related to visibility along all micropathways and requests the Applicant provide sufficient lighting along the micropathway. All micropaths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micropaths should comply with UDC 11-3B. Maintenance of all micropathways shall be the responsibility of the Normandy Homeowner's Association. 6. 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. 7. Fencing: The Applicant is proposing siz-foot vinyl fencing along Locust Grove Road, five-foot vinyl-coated fencing aflong the Ridenbaugh Canal, and five-foot wrought iron fencing adjacent to the central common area and all micropathways. There is existing six-foot vinyl fencing installed at Normandy's north property boundary provided by the Chatsworth Subdivision, an existing development. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 8. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, excepting the Ridenbaugh Canal. 9. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 10. Existing Structures: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. VARIANCE ANALYSIS: Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 The Applicant(s), RMR Consulting, Inc., has requested a variance from the UDC 11-6C-3F standard to allow a few residential block lengths within the proposed Normandy Subdivision to exceed the maximum 750-foot block length. The proposed subdivision has two blocks that exceed the 750-foot block length; Block 1 (900 feet) and Block 2 (875 feet). The location of approved stub streets and the lack of provision of pedestrian walkways in the surrounding subdivisions do not allow these blocks to be broken up by street connections or pathways. 7['herefore, Staff is supportive of the Applicant's variance request. To grant a variance, City Council must make the following fmdings: • The variance shall not grant a right or special privilege that is not otherwise allowed in the district; • The variance relieves an undue hardship because of characteristics of the site; and • The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways to allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. Staff finds that requiring astub-street or a pathway within Blocks 1 and 2 would not be of any benefit to the City, and would be unreasonable and unpractical, as they would never connect to adjacent developments. Therefore, Staff is recommending approval of the Variance application. Please see Exhibit D below for detailed Findings regarding the requested variance. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06-065 and VAR 07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, and VAR applications subject to the conditions listed in Exhibit B. The 1bleridian Planning and Zonine Commission heard these items on February 1. 2007. At the uublic hearing -the Commission moved to recommend approval to the Citv Council. The 1Vleridian City Council heard these itpmc nn Mar h 1 ~_ 007. At the uLblic hearing they moved to auurove the ubiect ann ication 11. EX~IT5 A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated November 15, 2006) 3. Landscape Plan (Dated December 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Normandy Subdivision - AZ-06-064, PP-06-065, & VAR-07-001 Page 11 A. Drawings 1. Vicinity Map •. ~ -- _ N ~stnaasns xan~~awao~ - ,- -- i _ .~- ~ ~,l ~ s.•t ~ .~r L_____ ~ __ ~ ~ -- ,.; ' - ~ ~- I -; ~ _ p ~T,~L ~ } ~ ~ ~,-~ - ~T i~ '~ ~ F~ -I ~ -' ~F~ ~ _ _ ~~ i~' } 1,' ~~ ~~~'- _~ ~ -_ ~. -' 4 y ., j r ,~~~ ¢' I !4®~ ~ ~ '~ L ,I4 ( n ~ hJ `~ ~~ _ ~ ~-Ldl~~ I i/ ,, - ~. a I Ira ry~I , i ,: r- 1 I_ .. _ _ -i,--- _ __. 4- ~~ ~h.W ~ ~~ S ~-- ~ (... ,L..~ µa4 to ~f~_ ~ <~ ~ ~ ` f ~ ~ I i. ~~, ~ 6~~ ~ ~ ~J I ~ f' ~ ~~y4 ~ ~ ~y. i _ _~ _~ ~l E tr, ~- ~ ~- :- ~: ~ -_ -~ L 1 'L~ 4 :d I Exhibit A 2. 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Landscape Plan (Dated December 12, 2006) ~~~ ~, ~~ !' t I a ~~_ ,`-.. Y u}~ ~~ ~~ ~~ a ~~~s ¢t ~ ~~t N a D ~ ~' e~ ~ ~~ ~ I$ ,E~~~~ ~ ~ ] ~ b j ~~~~~~~~ ~~ ! ~~ ~ ~,~ ~: ~ 0. y i ~~ ~~ ~g~ {~ ~ t 4 ~ ~ ~~~~~ 4 ~ '° ~~ ~~ ~Q~~ l1 R ,~ 9~ ~~~~~ gy U ~+ ~~ F't# jay ~ ~~ C • ~ ~ ~~ ~ ~ ~~ Z ~~ st .r.. Q ~~ 7- W a ~~ ~ ~~ ~ '~ ~ QC ~Yi/ •. ~I K oo~~ ~r~aa~ I~ '~~~~*.'~ h~,`57 ., ,.~.~ a ~ ~.~~~ ~~ ~ ~~ ~ ~ ~ ~~. ~~ ~~~ I ~ ``~` -^~.. ZI Q FI ~I O Exhibit A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated October 23, 2006, and prepared by Michael Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by Stanley Consultants, Inc., dated November 15, 2006, is approved, with the conditions listed herein. 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 All blocks divided by public streets shall be referred to by different block numbers. On the final plat, assign new lot and block numbers to Lots 8-13, Block 3. 1.2.4 "Line A" Street must be renamed to "Reflection Ridge Drive." 1.2.5 liminate one building lot from the aroun of Lots 1-7. Block 3. and increase the square footage o the adjacent lots accordingly to total. at minimum 8.000 square feet. The maximum number o buildable lots on this nroberty shall be 109. 1.2.6 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. Modify all applicable roads / cul-de-sacs to reflect this requirement, if necessary. 1.2.7 Provide 4.2 acres (15.5% of the site) for landscaped open space, as proposed. All common areas approved as open space shall be vegetated and usable by residents. 1.2.8 The landscape plan prepared by Jensen Belts Associates, on December 12, 2006, no label, is approved with the following modifications/notes: • Provide 4.2 acres (15.5% of the site) for landscaped open space. • The proposed micropathways shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements of UDC 11-3B-12. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. All standards of installation shall apply as listed in UDC 11-3B-14. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.9 Maintenance of all common areas shall be the responsibility of the Normandy Subdivision Homeowners Association. Exhibit B • i 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Locust Grove Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staff's failure to cite specific ordinance provisions or terms within the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Chatsworth Subdivision. These mains are temporarily flowing out of shed, therefore the Applicant shall wait to sewer this property until the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, or be responsible to install anOff--peak Pumping Station. The design and location of the pumping station shall be coordinated with the Public Works Department. This condition may be rescinded by the City Engineer if information arises from ongoing modeling exercises, or other subsequent sources. 2.2 The Applicant shall install sewer 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. 2.3 Water service to this site is being proposed via extension of mains in Chatsworth Subdivision, Exhibit B Reflection Ridge Subdivision, and Locust Grove Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to connect to the water main in Reflection Ridge Subdivision. 2.5 Lot 13, Block 5, does not meet the minimum frontage requirements; the Applicant shall revise the plat so that all lots meet the minimum dimensional standards. 2.6 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. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District, then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 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 Prior to signature on the final plat by the City Engineer, any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 2.13 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. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, Exhibit B • fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 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. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One-hundred watt, high-pressure sodium streetlights, 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 the 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 are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500' apart. (International Fire Code Appendix C) 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %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. Exhibit B h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. 3.8 The proposed 110-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 319 residents at build out. 3.9 All portions of the buildings located on Lot S, Block 3, and Lots 14 & 15, Block 1, must be within 150' of a paved surface as measured around the perimeter of the buildings. 3.10 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). 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 4.3 The Police Department requests that, within the common park area, all shrubbery be restricted to two (2) feet in height or less and all tree canopies to six (6) feet in height or taller. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS Exhibit B • 7.1.1 Dedicate right-of--way from the centerline of Locust Grove Road to total 35 feet abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot concrete sidewalk located a minimum of 28 feet from the centerline of roadway (measured from the face of walk to the centerline of the roadway). 7.1.3 Provide a road trust to the District in the amount of $1,250 for the future construct on sidewalk on the existing bridge south of the site on Locust Grove Road. 7.1.4 Construct aright-turn lane on the southbound approach on Locust Grove Road. Coordinate the design and construction of the right-turn lane with District Traffic Services Staff. 7.1.5 Construct the internal streets as a standard 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk within 50 feet ofright-of--way. 7.1.6 Construct one cul-de-sac turnaround with no center landscape island, as proposed. Provide a minimum turning radius of 45-feet for the cul-de-sac turnaround. 7.1.7 Locate the entry road intersecting Locust Grove Road approximately 850-feet south of the north property line (measured property line to centerline). 7.1.8 Construct a stub street to the north, Picasso Avenue, located approximately 563-feet east of the west property line of (measured property line to centerline). This is an extension of a stub street previously approved as part of Chatsworth Subdivision. Full alignment (centerline to centerline) of the two streets is required. 7.1.9 Construct a stub street to the south, Line A, located approximately 563-feet south of the north property line (measured property line to approximate centerline). This is an extension of a stub street previously approved as part of Reflection Ridge Subdivision. Full alignment (centerline to centerline) of the two streets is required. 7.1.10 Design and construct the full crossing of the Ridenbaugh Canal with the construction of the stub street to the south. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Line A) for review and approval prior to the pre-construction meeting and plat approval. The District will release the road trust funds collected from Reflection Ridge Subdivision to the Applicant. Coordinate the design of the canal crossing with District Development Review Staff. 7.1.11 Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and shall be noted on the final plat. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 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 may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file Exhibit B ~J number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any 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 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. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31-3805. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & Exhibit B u Welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B C. Legal Description and Annexation Map Ii~~SGRIPTIt?IV Ft?R tt~L?~iNlAMl3'~ 3~UBI~tWISIti~ t]~Tt~BEI~ ~~, ~ l__J ~ F~,~2QEt ~F' LAIWD f=E~V A I~{`~f'f'~f~ +(~F THE E'l ~CtF ~~~'~C~A~I gyp, Tt)'~'['dS~Hlf~ 3 lVC3RTH, R~,E '~ T tJF THE 8~i~5E I~fER1L~lAl'+1, ~1DA- C~Jk~1JT'~"~.IQ,AHCI, BEItV ARE F'ART1Gll1.}4RL.Y DE~Qf~18Ef~ Ft71.Lr~~NS. +C.C~IiAfUIEI~~it~G ~T THE I~+C~RTHFAST C{3RNER`C?F THE SE ~: SET 7p#~~NERj p~~3FdySC~~QyT1t~sCll~titC3~t1/ti~t1T~.n~'y~"~j.A1~1.1 L~... ByNI;. THE ~t-1. R~i~PtT' f~F ff7E~~~~~ a,SE- J f-11a7YGw7Rrf~Sr 1 ~V1~j,- THEIVGE ~ 00°30'25' E f~84:~0 l~°Ef.~`t',~.t~NG ~'HE EAST L11 C]F SA1C3 SE~YfC~f'V ~[! Tfl A P{~i1NT C]N THE~EHI'ERL#N~ ~~ ~'HE F~~1EN®Ai3GH` GAI;"~Ai..: AL~-[~C THE +QEfi~fTERLINE f~!F T~fE RIDENB~lo1C~H +~~tt~A~.. THE f=C3LLt~dIN THENGE S- 59°'5r~'S9" U1~ 208,1 f=Ef`1° Tt? A PCItI~fiTT t~f~ l~#~1/AT~1~~,' .7 ,E~Y~ ~iV ~I ~~i ~~ V'f~~.M~~7i4s A~T~ ~1/1 F. t9.-fV~~~~^~.i F'~~~i#~~dF4 iff.la QF 3'~Oryl~~yF/EsETrypy~,~E~~Tin~1,~~~11~'~G~+I.;E ~F~y54n°~~~0p'Ee11~~ig~,it~~r#,T~A+~Af~GE-t~+^~'C?F i.~G ~Ct~+A,1/~~-#d AL l+s~/~1u~1SQ ~!'A~[,~I'YL3 97! ~~p~iT 04~ 3YY L~SdaG~ P'GG I 9 ~[NT ~f 1 ~i~ik7~~ (j, TH~~E: t~ '''~ 5'Sa° W'' ~..~t5: ~EE1` Tt? A Ft31NT t7F Cl.~R1lATUk~f=; THEI~~E 238~~9 FEET CAM A QLiF21fE T~ THE R1GHT, SA-iQ ~~JRVF H~A1d'IN~ l4 t~,f~ll,~~ ~7F x'04>{?l~ 1=E~']', ,~ ~ELT~4 AIVGL,E t7F 19°32'12", ~ T/~Ur+tGENT 43 ~f 20.51 FEET J~li1~'] A F~I~} BEAFtINt"s ~155'`°'~4f~' W~ ~2~3:. FEET T~3 ~1 PC~jh!'f" t~F-Ti4l+JCEt~1"s ~Hf ~~E 4~~ ~!lf ~;~~' ~~' T~ -1NT ~QfV T`HE t~CbRTH LINE C3 THE ~E ~ ~~ lf~ SEQTd(311i 3~~ t,~a4'V1f~f~ :SHE CENTERLINE !t:~~ `1'~E 1~1~!EIVEAlJGH ~Ci4(+~A1..:. ~9 ~t~..1"W~~ t'4 C t~a'f~M7+p.. 1 /6iJn~~ ~~G ~! 'V111*r7 IV Vfi! r! ~f;'ll~ T4.Y mow. SAL. faC?INT ~l~ f~~1Nff~i i,~F Tf•H~ CE~QI~JI~'t`It`~111, ~M~RI a1NC 2 05 ~-GRE~ [ti-I9RE C3R LEA. o •- .;~ ~ ~' ~~ ~: l ~~5~}aS~JB S ~$ ~' ~~ ti 4.~ Tf~~!~Mtbpe,,~(l1Y y~~kCl Gl~~i Exhibit C • t~ 1 ~~~ ~ a ~1~ ~ ~ ~t` i ~ ~ ~ s .. ~~i le i '' ~ '~~ p CHATS RTH ~~~'111~If1N ~~~ ;~ :.,. ~ _._~ , - -~-- -__,.. _ -~ ~ ~ _ a ~ e 5;,~ e l ] 1 ' I 1 ~ ~ 1 ~ N4RT~iEAST Ct~NER i a ~ ~ (1/~ tAR'NER) i ~., ',,, `~ti ~ f o '. I ~ i ~ °6't9~ y'~Ib . 1 ~ ~ 2~e~ ~~~~ ~ ~~ '~ ~ E .. a y. `_"r ,.o- i .. ~ A - -~ Wt3R1C9 ~1~'G - --- ~ ~ ~ ~, RtD~+18,+~UGH CAto ~ ~ ;~! curve ram ~~~ 4~lJRV~ ~ RA131tJS tlTEtTA TANf,~Ni ~ +'_ J ~ s~t~rvs AN~J~~tATi~N E}~Wl81T ~'®#i. ~IORNf~(~7Y ~lJBpi'~iSIdN ~C~. ttV TIME SE 1~~ 4)- SECTIQPJ 3p, T3N, R'1E~ B~ '~~o ~ ~on~is waY ~edA ~~i1NTY, ~~~h,H~ stt~rE ~~ r e~~~~. s3~ea~ 2~S-281-057 '~ _T ~ ~ DATA: 11/3€56 pia t` = 3i}4' dt~B 9tU. t~stig4 Exhibit C D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property R-8 (Medium Density Residential). The Council fmds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the City Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (iJDC 11-5B-3.E). The Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. Z. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council fmds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate Exhibit D • the proposed development; The Council fmds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council fmds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend the Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff and the Commission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the 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 and the Commission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. 3. Variance Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The UDC restricts residential block lengths to a maximum of 750-feet. However, the Council fmds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways that allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. The subject variance would not be granted but for the layout of the surrounding development. Further, the Council fmds that requiring stub-streets or pathways within Blocks 1 and 2 would not be of any benefit to the city or future residents in this area and would be unreasonable and unpractical, as they would never connect to any future development. b. The variance relieves an undue hardship because of characteristics of the site; As noted above, the Council fmds that strict compliance with the City's Ordinances would not be of benefit to the City, the surrounding property owners, or the Applicant. The adjacent developments have not provided street or pedestrian connections that would accommodate the aforementioned blocks at less than 750 feet. Based on the nature and location of street and pedestrian connections within adjacent developments, the Council finds that strict compliance Exhibit D ~ i with the requirements of UDC 11-6C-3F would result in undue hardship to the owner, subdivider, and / or developer. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that the proposed variance will not be detrimental to the public health, safety, or welfare. However, Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. Exhibit D • • March 23, 2007 PP 06-058 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Treehaven, LLC ITEM NO. S-L REQUEST Findings for Approval -- 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 - Norfh of Chinden Blvd and West of Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ;~ 'y ' .. r ,l ~~ eer~~r~ ~4y~1 ~~;'~~ ~~ ~ ~~ ~~, ~~:m,-rte ~~, '~fi 6 ~.tl 3 In the Matter of Preliminary Plat Approval for 277 single-family residential building lots, 27 common lots and 1 commercial/common lot, in the ezisting R-2, R-8, R-15 and C-N zones, by Treehaven LLC. Case No(s). PP-06-058 For the City Council Hearing Date of: March 13, 2007 (Findings on the March 27, 2007 City Council agenda)) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date March 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 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). PP-06-058 (PAGE 1 of 4) 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 Deparment, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated October 13, 2006, is hereby conditionally approved; 2. The Site Specific and Standard Conditions of Approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension. of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-058 (PAGE 2 of 4) • • timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 13, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-058 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the 2 7 day of ~C1it.!~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~ J~~ti COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ /~~~"'~ VOTED_ I~~iv VOTED--~~~~- ~- VOTED Mayor ~1,~~ Weerd Attest: ,o~~ ~°~ `moo ~. ~® -- - ~~n~e = William G. Berg, Jr., City ler ~°~, s ~, ~~ r y~~c ,0 ,, f e~ O ~, !®ov~` ,~ Copy served upon Applicant, The Planning D~p,J 3it~~',~b~ic Works Department and City Attorney. By: b~ ~~~ fly ,~>1/l~t-,~`-1~''~ Dated: 'C~~j-Z~ Z>~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-058 (PAGE 4 of 4) i i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/07 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner 208-884-5533 SUBJECT: Jayker Subdivision ~' ~ '~~, y4wY ~5~~. .~~ ; ~~~,~ PP-06-058 Preliminary Plat of 277 single-family residential building lots, 27 common lots and 1 commerciaUcommon lot, in the existing R-2, R-8, R-15 and C-N zones, by Treehaven LLC. Note: In response to condition 1.1.2 of this report the applicant has submitted a Miscellaneous Application (1VII-07-004) to modify the existing development agreement for the Tree Farm Council agenda. Please see the MI-07-004 staff report for more details regarding the request to modify the development agreement. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Treehaven, LLC, has applied for preliminary plat approval of 277 single-family residential building lots, 27 common lots and 1 commerciaUcommon lot (which will contain the proposed community center) in the existing R-2, R-8, R-15 and C-N zones. The site is located on the north side of Chinden Boulevard, approximately '/z mile east of Black Cat Road extending east to approximately Ten Mile Road (if it were extended north across Chinden Boulevard). This site has approximately 1,400 feet of frontage on Chinden Boulevard. The site is currently vacant except for the existing tree farm, one single family home, and associated out buildings. All of the existing structures will be removed/relocated. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUNIlVIARY RECOMMENDATION The subject application (PP) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat application. Staff is recommending approval of the proposed Jayker Subdivision (PP-06- 058) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard this item on February 1, 2007. At the public hearing the Commission moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Gary Henkel. Sherry Ewing, Tuck Ewing, Linda Lazaris ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. -Access to properties served by Basco Lane ii. -Crossing of the Phyllis Canal; and. iii. -Location of the stub streets to the Henkel property to the east Jayker Subdivision PP-06-O58 PAGE ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 c. Key Commission Chances to Staff Recommendation• i. -Modified conditionl.l.l l to allow the 10 foot pathway along Chinden to be placed within the IT I) preserved right of way area d. Outstanding Issue(s) for City Council: i. - In coniunction with this application the applicant has also submitted a request to modify the development agreement for the Tree Farm (1VII-07 004). Please see the MI-07-004 staff report for more details regarding the re uest. .~ i. In favor: Derick O'Neill Ga~ Henkel Tuck Ewing Sherry Ewing ii. In onnosition: None iii. Commenting: None iv. Written testimony None v. Staff presenting application: Anna Canning vi. Other staff commentine on application• None lz. ev Issuec of Di cuc ion by o in i. one ~. ev Council C"hanaec t o miccinn RecnminnnAal~r~r. i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06- 058 as presented in staff report for the hearing date of March 13, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-06- 058 as presented during the hearing on March 13, 2007 for the following reasons: (You should state specific reasons for denial of the plat.) Continuance I move to continue File Number PP-06-058 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4410 W. Chinden Boulevard14740 W. Chinden Boulevard; north side of Chinden Boulevard in Section 21, Township 4 North, Range 1 West. b. Owner: MDC, LLC 4410 W. Chinden Boulevard Meridian, ID 83642 Jayker Subdivision PP-06-058 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 c. Applicant: O'Neill Enterprises, LLC. 2242 E Riverwalk Drive, Suite 200 Boise, ID 83706 d. Representative: Derick O'Neill e. Present Zoning: R-2, R-8, R-15, C-N f. Present Comprehensive Plan Designation: Medium Density Residential and Mixed Use Community g. Description of Applicant's Request: The applicant is requesting Preliminary Plat approval of 277 single-family buildable lots, 27 common lots and 1 commerciaUcommon (which will contain the proposed community center) lot. All of the homes within the development are proposed to be single-family, and can broken down into the following categories: 28.2% (78 building lots, R-2) estate homes; 33.6% (93 building lots, R-8) single family detached housing; and 38.2% (106 building lots, R-15) lifestyle housing (attached units). 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. The total gross density of the project is 1.93 dwelling units per acre. Approximately 39.1 acres (27 %) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 10/13/06 2. Date of landscape plan (attached in Exhibit A): 10/06 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 4a' and December 18a`, 2006 (Planning Commission), February 19a' and March Sa' 2007 (City Councill c. Radius notices mailed to properties within 300 feet on: November 22aa, 2006 (Planning Commission), Feb 16a`, 2007 (Ci Councils d. Applicant posted notice on site by: December l la', 2006 (Planning Commission), March 3ra 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing wholesale nursery (tree farm), one home and other outbuildings on the subject site. b. Description of Character of Surrounding Area: This azea is primarily rural residential in nature. This area, especially south of Chinden, is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Phyllis Canal; Rural residential; Agricultural, zoned RR and Rl (Ada County) 2. East: One-acre lots in Spurwing Subdivision and WestWing Subdivision, zoned RR (Ada Couny) Jayker Subdivision PP-06-058 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 3. South: Several rural properties in Ada County, zoned RUT (Ada County) 4. West: Agricultural and rural residential, zoned RR (Ada County) d. History of Previous Actions: This area was previously annexed and zoned as part of the Tree Farm Annexation (AZ-06-004). As part of that annexation, the property owner was required to enter into a development agreement for this property, which is recorded in the Office of the County Recorder as instrument number 106151218 on September 21, 2006. As part of that development agreement the applicant agreed to develop this area in general compliance with the conceptual plan that was submitted with the annexation application. The subject preliminary plat is the first phase of development in this area, which encompasses the eastern portion of the conceptual plan. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is master planned to sewer to the North Black Cat Lift Station. Location of water: This property will receive water service from United Water of Idaho. Issues or concerns: 1.) Extension of sewer mains to the east. 2.) Sewer depth needs to be in conformance with the City of Meridian's Sewer Master Plan. 3.) Administrative concerns with the use of United Water. 4.) Fire hydrant placement. 2. Canals/Ditches Irrigation: There are various minor irrigation facilities that traverse this site and one major facility, the Phyllis Canal. Any irrigation ditches, laterals and canals (not Phyllis) that cross this property should be tiled. 3. Hazards: Staff is not aware of any hazards associated with this property. 4. Existing Zoning: R-2, R-8, R-15, C-N 5. Size of Property: 142.97 acres f. Subdivision Plat Information: 1. Residential Lots: 277 2. Non-residential Lots: 1 (commerciaUcommon lot, which will contain the proposed community center) 3. Total Building Lots: 277 4. Common Lots: 27 5. Other Lots: 0 6. Total Lots: 305 7. Gross Density: 1.94 units per acre 8. Minimum House Size: 1,500 square feet (on R-2 zoned lots only) g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC 11-2A) and the Comprehensive Plan, a 35-foot wide landscape street buffer is required adjacent to Chinden Boulevard, an entryway corridor. Per the UDC a 20-foot wide street buffer is required adjacent to the Jayker Subdivision PP-06-058 PAGE t} • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 proposed collector streets Tree Farm Boulevard and Jayker Way. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 27% (39.1 acres) 4. Other landscaping standards: All micro path landscaping should be designed in accordance with UDC 11-3B-12 h. Amenities: Community Center (on the proposed commerciaUcommon lot), pool, open space/parks, ponds, pathways. i. Off-Street Parking: UDC 11-3C-6A requires single-family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20' x ZO' parking pad in front of each garage. j. Summary of Proposed Streets and/or Access: The applicant is proposing to construct various public streets as part of this project. Two collector streets are planned for this development, Tree Farm Boulevard and Jayker Way. Tree Farm Boulevard, which acts as the main entry into this development, intersects with Chinden Boulevard at the half mile point between Ten Mile Road and Black Cat Road. Jayker Way runs through the center of the development and continues along the northern boundary of the subject preliminary plat. Jayker Way is proposed to have an eight foot wide sidewalk along the north side of the street and no side walk on south side of the street (see section 10 for a more detailed analysis of Jayker Way). A number of stub streets are also proposed as part of this development. These stub streets include: Jayker Way (stubs to the west, future phase of this development); Jayker Way (stubs to the north, Teco One Property, parcel # SO422314800; Silverlace Drive (stubs to the east, Henkel property, parcel #89323930190); and, King Maple Avenue (stubs to the south, Henkel property, parcel #89323930190). Staff is generally supportive of the street system as proposed (see section 10 below for more specific analysis). ACHD has provided site specific conditions of approval which can be found in Exhibit B of this report. 7. COMMENTS MEETING On December 1, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential", "Low Density Residential", and a small portion is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 99 of the Comprehensive Plan.). Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 277 single-family lots on 142.97 acres for a total gross density of 1.94 dwelling units/acre. Even though the 1.94 dwelling units per acre is below the Comprehensive Plan designation for the "Medium Density Residential" portion, it is important to note that when this property was annexed, a specific concept plan for this entire Tree Farm area was approved by the City Council. The proposed preliminary plat is generally consistent with that concept plan for this portion of the overall annexation area. That being said, staff considers this project to be generally compliant with the recommended density for this area as shown on the conceptual plan. Furthermore, a step down in density is allowed by the Future Land Use Map as Jayker Subdivision PP-06-058 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 long as the change is with in one "step" of the map designation (Medium to Low in this instance). After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Currently the City is in negotiations to establish this area as part of the Area of City Impact. The City ofMeridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer service will be extended to the project at the developer's expense. • Water service will be provided by United Water. • The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. • The lands are serviced by the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID and The Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject application complies with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Staff is supportive of the proposed street design and connections in this subdivision. Furthermore, the applicant's proposal to locate a collector road at the half mile point between Ten Mile and Black Cat Roads is consistent with the cities goals and policies for development along state highway. The applicant is also proposing various stub streets that connect with neighboring parcels. Staff is generally supportive of the number of stub streets provided, but further analysis on the location of the proposed stub streets is provided in Section 10 below. Jayker Subdivision PP-06-058 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct sidewalks along all of the proposed streets in the subdivision. Furthermore the applicant is proposing to construct a micro pathway connection to the Spurwing Subdivision to the east and a multiuse pathway that will connect to Chinden Boulevard. The proposed sidewalks and pathways will enhance pedestrian connectivity in this area. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the proposed subdivision is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the R-2, R-8, and R-15 zoning district. (The C-N zone is only located on a small portion of Lot 1, Block 1 (the proposed community center). This lot is dominated by the R-15 zone and would not be developable as a commercial lot. For this reason the C-N standards aze not included in this section of the report. For more detail about the zoning district boundaries please see section 10 below.) b. Purpose Statement of Zone: R-2, R-4 and R-15: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Common driveways: The applicant is proposing several common driveways. UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standazds as described in the UDC. These standazds aze listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standazds: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the building setbacks, and building orientation on the lots shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of Jayker Subdivision PP-06-058 PAGE '] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. d. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-2, R-8, R-15, and C-N zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Zoning Boundaries: As mentioned earlier, this property has already been annexed and zoned. As currently depicted on the preliminary plat there are several lots within the proposed subdivision that are split between two zoning districts. At the time this property was annexed and zoned the applicant did not have a detailed plat design that depicted the exact location of roads and lots within the development. Due to that lack of detailed information, the zoning district boundaries were drawn as a "best guess" based on future development plans. Now that those more precise locations are identified (through the subject preliminary plat) staff believes it is necessary to "clean up" the zoning designations to more accurately reflect the specific development that is proposed with the subject plat. Realigning the zoning district boundaries so that they do not bisect lots has various benefits including but not limited to: 1) The setback requirements and use restrictions, as described in the UDC, are clear and not confused by dual zoning designations; 2) The tax designation of the lot is not skewed by an inconsistent zoning designation. Furthermore, UDC 11-1-SC 1 states that where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. Staff believes that zoning district boundaries should coincide with the proposed property (lot) lines or the center lines of the streets adjacent to said properties. Due to the fact that the zoning boundaries are only being adjusted slightly, and that revised boundaries would still be generally consistent with the approved concept plan for this property, staff in consultation with the applicant and the legal department, determined that a standard rezone application would not be necessary in this situation. In place of the rezone application, it was determined that the most effective and efficient way to adjust the zoning boundaries would be through a modification of the original development agreement on this property. Through the development agreement modification process, the applicant would be required to submit new zoning legal descriptions that adjust the boundary lines to coincide with property lines or the center lines of streets. It should be noted that the development agreement modification application does require City Council approval and a full public hearing (which includes all standard noticing and site positing requirements). This process will allow any concerned citizens or members of the Council to voice their comments or concerns about the proposed zoning boundary adjustments. It should also be noted that Jayker Subdivision PP-06-058 PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 this process to amend the zoning boundaries through a development agreement modification is staff s recommended solution to this issue, the final approval of such a modification can only be made by the City Council. (NOTE: If the Council approves the future development agreement modification, anew/revised ordinance will need to be prepared by Legal Department Staff and recorded.) Staff recommends, that four weeks prior to the City Council hearing for this project that the applicant submit a request to modify the development agreement in effect for The Tree Farm annexation. if received within an adequate amount of time, the request to modify the development agreement can be heard concurrently, by the City Council, with this preliminary plat application. Below, staff has provided some direction on the changes that should be incorporated into the revised zoning boundaries within the area of this preliminary plat: • The zoning boundary between the R-15 and C-N zones that is located on Lot 1, Block 1, should be shifted south so that it runs along the centerline of the proposed street, Old Gold Way. • The zoning boundary between the C-N, R-15 and R-8 zones that runs adjacent to the proposed Tree Farm Boulevard should be moved to the east and south, so that it runs along the centerline of Tree Farm Boulevard from the intersection of Tree Farm Boulevard and Chinden Boulevard to the intersection of Tree Farm Boulevard and Old Gold Way. • The zoning boundary between the R-2 and R-8 zones located in the north west comer of the plat should be moved so that it runs east along the centerline of Jayker Way (from the center of the intersection of Jayker Way and Old Gold Way), and north along the boundary of the proposed preliminary plat. • The zoning boundary between the R-15 and R-8 zones (located near the center of the proposed preliminary plat) that runs in the same general direction as Jayker Way should be relocated so that it runs along the center line of Jayker Way from the intersection of Jayker Way and Tree Farm Boulevard to the intersection of Jayker Way and Silver Sage Dr. • The zoning boundary between the R-2 and R-8 zones (located in north east portion of the proposed preliminary plat) that runs through various estate lots, should be shifted to the west so that it coincides with the boundary of the proposed preliminary plat. • The zoning boundary between the R-2 and R-8 zones (located across Lots 53 and 61, Block 12) should be relocated so that it runs behind Lots 54, 55, 56, 57, 58, Block 12. • The zoning boundary between the R-15 and R-8 zones (referring to the strip of R-8 zoning located near the south east subdivision boundary) should be relocated to run from the centerline of Chinden Boulevard north along the western property boundary of Lot 16, Block 17, and continue north along the centerline of Redbud Place, and then north along the centerline of Ponderosa Drive, and then east around the rear Lots 68, 69, 70, Block 12. Note: The recommendations above represent staff's best effort to resolve the zoning boundary issues that have arisen with this preliminary plat application. Staff realizes that further analysis and communication with the applicant will be necessary to confirm the exact locations of the requested zoning boundary adjustments. Jayker Subdivision PP-06-058 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Jayker Way/Multiuse Pathway: As proposed by the applicant the street section for the collector road, Jayker Way, only shows a detached eight foot wide sidewalk on one side of the street. UDC 11-3A-17 requires sidewalks on both sides of the street. After carefully reviewing this situation and speaking with the applicant it became clear that the intention of the eight foot wide sidewalk on one side of the street was that it would act as a multiuse pathway. Staff is supportive of this concept as long as the proposed multiuse pathway is a minimum of 10 feet wide and designed in accordance with UDC 11-3A-8. Staff also believes that this pathway should be extended to the south, along Tree Farm Boulevard, such that it connects with the required 10 foot pathway along Chinden Boulevard. Having a multiuse pathway in this area is generally consistent with the concept plan approved for this development. Access: As proposed, the only access into this development is provided by the collector street, Tree Farm Boulevard, which connects with Chinden Boulevard. The Fire and Police Departments have raised concerns that this access is not adequate to serve such a large development. Working with the applicant, the Fire Department has requested two emergency access roads to serve this development. The first should be located on Chinden Boulevard to the west of the proposed intersection of Tree Farm Boulevard and Chinden Boulevard. The second emergency access requested by the Fire Department is meant to serve the large lots in the north east comer of the development that are only served by one access (Silver Sage Drive). To alleviate this problem the Fire Department is requesting an emergency access connection that would connect Jayker Way to Impereta Way. Both of these secondary access roads should be designed to meet all Fire Department Standards. The emergency access easement should be graphically depicted on the face of the final plat. Chinden Boulevard is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the '/z mile between sections. The existing access points to Chinden Boulevard should be abandoned, prior to the signature of the first fmal plat. Further, a note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should also be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD's design requirements adjacent to the residential uses (the applicant is proposing a ten foot berm, which appears to meet these requirements). The applicant should dedicate or preserve right-of--way, in accordance with TI'D's requirements, to allow for future highway expansion (100-feet from centerline proposed to be preserved). The applicant should construct a 10-foot wide pathway along Chinden Boulevard exclusive of any existing or preserved right-of--way (not currently shown on the plans) as required by UDC 11-3H-4C3. Stub Streets: The applicant should provide the following stub streets as proposed: Jayker Way, stubs to the west, future phase of this development; Jayker Way, stubs to the Teco One Property to the north, parcel #SO422314800. Staff has some concerns about the location of the other two stub streets proposed by the applicant which are: Silverlace Drive, stubs to the Henkel property to the east, parcel #89323930190; and King Maple Avenue, stubs to the Henkel property to the south, parcel #89323930190. These two stub streets are provided to a 25.85 acre parcel that is currently zoned R-1 in Ada County. This property has a Low Density designation (up to three dwelling units per acre) on the City of Meridian Future Land Use Map. Staff is concerned about the location of both of these stub streets as they relate to the possible future redevelopment of the Henkel property (parcel #89323930190). To begin, King Maple Jayker Subdivision PP-06-058 PAGE 1 ~ ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Avenue currently stubs to the Henkel Property from the north in direct alignment with Double Eagle Lane which borders the eastern boundary of the Henkel property. At first staff thought that aligning these roads made sense so they could be connected at some point in the future. Yet, after some reseazch and discussion with the Henkel's it became clear that they had no access, and that Double Eagle was a private lane. Double Eagle Lane only serves the seven one acre lots on its east side of the road. Due to the Henkel's lack of access to the private lane staff believes that the stub street, King Maple Avenue, should be shifted to the west to provide public street access to the Henkel property from the north that is not encumbered by the private lane. ACRD came to similaz conclusion and required that the stub street King Maple Avenue be shifted approximately one hundred feet west from it current location. Staff is supportive of this requirement and also believes that this stub street should be shifted to the west a minimum of 100 feet. The other stub street involving the Henkel parcel is Silverlace Drive, which is stubbed to the west side of the Henkel property. Staff also has concerns about the proposed location of this stub street. The subject preliminary plat borders the western side of the Henkel property for approximately 1,200 feet. Silver Lace drive is stubbed to this 1,200 foot property line from the east, approximately 300 feet from the northern boundary of the Henkel property. No other street is proposed to cross this shazed property boundary. Because the stub street is only located 300 feet from the northern properly line staff is concerned about the Henkel properties ability to meet the maximum block length requirements (750 feet without an intersecting street or alley) described in UDC 11-6C-3F when it develops. It appeazs that any future block adjacent to this shazed property boundary would exceed the 750 foot maximum because there would not be an opportunity for a street connection to the east. To avoid the possibility of excessive block lengths or long streets on the Henkel property staff recommends that the stub street (Silver Lace Drive) be shifted southward approximately 200 feet (to be approximately half way between Chinden Boulevazd and the north property line). Staff believes that this new stub street location will help the Henkel property to the east develop a street system that is consistent with the UDC in the future. Basco Lane: Any easements associated with the existing private road, Basco Lane, should be vacated prior to signature of the final plat by the City Engineer. Street Buffers: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35-foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35-foot wide landscape buffer along Chinden Boulevazd, located outside of the future 100 foot right-of--way for the highway. There is approximately 55 additional feet that should be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by IT'D for future roadway expansion. Per the UDC a 20-foot wide street buffer is required adjacent to the proposed collector streets Tree Farm Boulevazd and Jayker Way. The applicant should locate these buffers as proposed on the preliminary plat and construct them in accordance with UDC 11-3B-7. All of the required street buffers should be placed in common lots exclusive of ACHD/ITD right-of--way (unless the sidewalk is detached, then the width between the curb and walk may also count towards the width requirement). If ACHD requires any portion of a street landscape buffer to be placed Jayker Subdivision PP-06-058 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 within the right-of--way alicense/maintenance agreement should be entered into between ACRD and the property owner to ensure that the buffer the required buffer within the right-of--way is properly maintained. Micro-Pathways/Common Areas: The concept plan approved by the City Council at the time of annexation shows various micro-pathway connections through out the proposed development. The landscape plan submitted by the applicant does not show these pathways. Staff believes that pathway connections consistent with the approved concept plan should be included with this development. This would include micro pathway connections through Lot 14, Block 2; Lot 17, Block 7; Lot 15, Block 20; Lot 4, Block 12; Lot 12, Block 13; and Lot 27, Block 12. All micro pathways shall be designed in accordance with UDC 11-3A-8 and landscaped in accordance with UDC 11-3B-12. Open Space/Amenities: UDC 11-3G-3 requires a minimum of five percent open space for all developments exceeding five acres. The UDC also requires one additional site amenity for each additional ZO acres of development azea. Using that standard the applicant is required to provide an additional 7 amenities for a development of this size (142.97 acres). The applicant is providing 39.1 acres of usable open space with this development which equals approximately 27% of the total development azea. Along with that ample amount of open space the applicant is proposing pathways, and a community center that will house various amenities such as a swimming pool and other facilities described in more detail below. After carefully reviewing these proposed amenities staff is confident that the applicant will meet or exceed the amenity requirements as described in the UDC. Proposed Community Center: Both the preliminary plat and landscape plan designate Lot 1, Block 1 as the location of a future community center that will serve the residents of this subdivision. In the applicant's narrative the community center is described as an approximately 9,000 square foot building that will include swimming pools, outdoor play azeas, kitchen, and exercise facilities. While staff is supportive of this concept there aze some concerns as to the timing of the proposed community center. Staff believes that such an important amenity should be constructed and available for use within a reasonable timeframe. While staff understands that the community center will not be built first, staff believes that it should be constructed and ready for occupancy prior to 200' building permit that is issued for this development. This will ensure that the community center is up and running well before all of the homes in the development aze completed. Common Drives: Numerous common driveways aze proposed with this development. All of the proposed common drives should be designed in accordance with UDC 11- 6C-3D (described at length in Section 9 above). UDC 11-6C-3D7 requires setbacks, and orientation to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement, pavement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have a two-caz garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towazds the required pazking pad azea. The Fire Department is requiring that all common driveways be designed to support a minimum of 75K pound load. Staff would also like to emphasize the requirement that all properties that abut a common drive should take access from the driveway; note(s) to this effect should be placed on the face of the fmal plat. Jayker Subdivision PP-06-058 PAGE l2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Landscaping: The landscape plan prepazed by River Ridge Engineers, Inc., dated 10/06, is approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Chinden Boulevazd as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide noise abatement, in accordance with UDC 11-3H-4D and ITD's requirements, along Chinden Boulevazd. • Provide a 10-foot wide pathway along Chinden Boulevard. • Provide micro pathway connections through Lot 14, Block 2; Lot 17, Block 7; Lot 15, Block 20; Lot 4, Block 12; Lot 12, Block 13; and Lot 27, Block 12. Landscaping adjacent to all micro pathways should be designed in accordance with UDC 11-3B-12. • Per UDC 11-3G-3E, all common open space azeas shall be suitably improved for its intended use. The submitted landscape plan does not identify ground cover for the common open space azeas. All of these common open spaces should contain grass, shrubs and other vegetative groundcover that makes them suitable for use. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standazds of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Existing Buildings/Structures: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings should be removed or relocated, prior to signature of the final plat by the City Engineer. Fencing: No fencing is shown on either of the submitted plans. The applicant should discuss fencing plans at the public hearing. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed azound the perimeter. Perimeter, common open space, and micro- path /mufti-use pathway fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common azeas should be the responsibility of the Jayker Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways, that intersect, cross or lie within the azea being subdivided should be covered (excluding the Phyllis Canal). Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. Jayker Subdivision PP-06-058 PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 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. b. Staff Recommendation: Staff is recommending approval of the proposed Jayker Subdivision (PP-06-058) with the conditions listed in Ezhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard this item on February 1, 2007 At the public hearing the Commission moved to recommend approval The Meridian Citv Council heard these items on March 13 2007 At the public hearing the approved the subject Preliminary Plat request. 11. EXH~ITS A. Drawings 1. Preliminary Plat (dated: 10/13/06) 2. Landscape Plan (dated: 10/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District (not received) 8. Central District Health Department 9. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Jayker Subdivision PP-06-058 PAGE 1 t} • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 A. Drawings 1. 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Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT (PP-06-058) 1.1.1 The preliminary plat labeled Sheets 1-4 of 12, prepared by River Ridge Engineering, Co., dated 10/13/06, is approved, with the conditions listed herein. 1.1. The Applicant shall comply with all previous requirements of this site associated with AZ-06-004, as well as the Development Agreement (Instrument No. 106151218) in effect for The Tree Farm development. 1.1.2 Prior to submittal of the first final plat application for this project the applicant shall submit and receive City Council approval for a development agreement modification application that includes revised zoning legal descriptions for the subject property. These revised zoning legal descriptions shall be generally consistent with the approved Tree Farm Concept Plan and all revised zoning boundaries shall align with property lines or the centerlines of streets (see section 10 of the Staff Report for recommended zoning boundaries). 1.1.3 In lieu of the required sidewalks on both sides of Jayker Way, the applicant shall construct a multiuse pathway on one side of the street as proposed. Said multiuse pathway shall be a minimum of 10-feet wide and be designed and constructed in accordance with UDC 11-3A-8. This pathway shall be located along the north side of all of Jayker Way and extended to the south, along Tree Farm Boulevard, such that it connects with the required 10 foot pathway along Chinden Boulevard 1.1.4 Per the Meridian Fire Department's requirements, two emergency access roads shall be constructed for this project. The first emergency vehicle access road shall be located to the west of the proposed intersection of Tree Farm Boulevard and Jayker Way and shall be constructed prior to issuance of 51St building permit on this site. The second emergency access road shall connect Jayker Way to Impereta Way and shall be constructed prior to issuance of 51St building permit on the area of the plat served by Silversage Drive. Both of these secondary access roads shall be designed to meet all Fire Department Standards. The emergency access easement shall be graphically depicted on the face of the final plat. 1.1.5 Provide the following stub streets as proposed: 1) Jayker Way, stubs to the west, future phase of this development; 2) Jayker Way, stubs to the Teco One Property to the north, parcel #SO422314800. 1.1.6 Silverlace Drive, which is currently shown as a stub street to the Henkel property to the east, parcel #89323930190, shall be shifter southward approximately 200 feet, to be located approximately 800 feet north of the south property line. 1.1.7 King Maple Avenue, which is currently shown as a stub street to the Henkel property to the south, parcel #89323930190, shall be shifted westward approximately 100 feet, to be located approximately 430 feet east of the west property line. 1.1.8 Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard. 1.1.9 Any easement associated with the existing private road, Basco Lane, shall be vacated prior to signature of the final plat by the City Engineer. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1.1.10 Construct a 35-foot wide landscape buffer and berm, designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D, along Chinden Boulevard, located outside of the future 100 foot right- of-way for the highway. 1.1.11 Construct a 10-foot wide pathway along Chinden Boulevard, p~s€~e~~g~ of t~guse~~~~i-1i7xi~3 this athway may be placed within the ITD preserved ri t of way area. 1.1.12 Construct 20-foot wide street buffers along Tree Farm Boulevard and Jayker Way. These buffers shall be designed and constructed in accordance with UDC 11-3B-7. 1.1.13 Provide micro pathway connections through Lot 14, Block 2; Lot 17, Block 7; Lot 15, Block 20; Lot 4, Block 12; Lot 12, Block 13; and Lot 27, Block 12. All micro pathways shall be designed in accordance with UDC 11-3A-8 and landscaped in accordance with UDC 11-3B-12. 1.1.14 Provide 39.1 acres (27%) of usable open space, as proposed. 1.1.15 Provide a community center amenity that includes the following: club house, swimming pools, outdoor play areas, kitchen, and exercise facilities. All of these amenities shall be constructed and ready for occupancy prior to issuance of the 201St building permit for this development. 1.1.16 Common drives shall be designed in accordance with UDC 11-6C-3D. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Common driveways shall be designed to support a minimum of 75K pound load. 1.1.17 Construct noise abatement features in compliance with UDC 11-3H-4D and ITD's design requirements for residential uses adjacent to state highways. 1.1.18 The landscape plan prepared by River Ridge Engineers, Inc., dated 10/06, is approved with the following modifications/notes: • Provide a 35-foot wide landscape street buffer along Chinden Boulevard as depicted. The landscape buffer along the street shall be designed in accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. • Provide micro pathway connections through Lot 14, Block 2; Lot 17, Block 7; Lot 15, Block 20; Lot 4, Block 12; Lot 12, Block 13; and Lot 27, Block 12. Landscaping adjacent to all micro pathways should be designed in accordance with UDC 11-3B-12. • Per UDC 11-3G-3E, all common open space areas shall be suitably improved for its intended use. The submitted landscape plan does not identify ground cover for the common open space areas. All of these common open spaces should contain grass, shrubs and other vegetative groundcover that makes them suitable for use. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 1.1.19 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. Exhibit B -Page 3 s ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 1.1.20 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 must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.21 Maintenance of all common areas shall be the responsibility of the Jayker Subdivision Home Owners' Association. 1.1.22 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway (also excluding the Phyllis Canal), that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.1.23 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11- 3A-15 and MCC 9-1-28. 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT (PP-06-058) 1.2.1 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). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. 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. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 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. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B -Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2. Public Works Department 2.1 Sanitary sewer service to this property is being proposed via extension mains that flow to the North Black Cat Lift Station. This lift station and pressure sewer are planned to be completed in early to mid 2008. Extension of the trunk in Black Cat Road will be the responsibility of development, and will not be installed by the City. The City of Meridian does not guarantee sewer service in the timelines established in the UDC. 2.2 This property shall gravity sewer to the North Black Cat Lift Station, and no temporary or interim lift stations shall be allowed. 2.3 The applicant shall install the North Black Cat Trunk through this subdivision. Minimum pipe slopes may be required to ensure the depth is in general conformance with the master sewer plan. 2.4 A 12-inch sewer main shall be stubbed to, or in general alignment with, N. Spurwing Way, and an 8-inch sewer main shall be stubbed to, or in general alignment with, W. Balata Court. If no right-of--way is required in this location then a 20-foot wide common lot shall be place in this location, with a blanket sewer easement in favor of the City of Meridian. No trees shall be allowed in this easement. If at final construction plan approval the applicant can prove that a single main stubbed to the east shall be sufficient to ensure that properties to the east of this, but still in this sewer shed, can be adequately served by a single main, then this condition maybe rescinded by the City Engineer. 2.5 The applicant shall install sewer main in the proposed unnamed stub street, which is in the vicinity of Basco Lane. 2.6 Sewer mains shall be required to be installed in all stub streets to West Wing Estates. 2.7 The applicant shall install sewer 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. 2.8 The off-site sewer through this property shall have at a minimum 14-foot wide all-weather access road place over it. If this road is to double as a secondary emergency access road then it shall be 20-feet wide and built to the Fire Department's standards for emergency access. 2.9 No manholes shall be allowed within the landscape islands. If mains are routed under these islands then they shall be sleeved per City of Meridian's standard details. 2.10 Water service to this site is being proposed via extension of water mains under the jurisdiction of United Water. There maybe administrative issues arise once procedures for dealing with a separate water agency are implemented. The applicant shall coordinate with the City of Meridian during this process. 2.1 l Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval. 2.12 Structures of 3600 square feet and larger, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2003 International Fire Code. 2.13 Prior to construction plan submittal (which is concurrent with the final plat application) the applicant's engineer shall have a joint meeting with Rich Greene, a representative from United Water, and Bruce Freckleton, to discuss administrative procedures for construction plan review. Exhibit B -Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2.14 Prior to construction plan approval the applicant shall submit documentation from United Water that they have approved the water plans. 2.15 Prior to scheduling of apre-construction meeting the applicant shall submit documentation from United Water that all of their requirements have been met to be able to go to construction. 2.16 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. 2.17 The applicant shall provide a 20-foot easement for all public sewer mains outside of public right of way. 2.18 A pressurized irrigation system providing service to all lots shall be required with this development. The applicant has indicated Settler's Irrigation District will own and operate the pressure irrigation system in this proposed development. Prior to scheduling apre-construction meeting the applicant shall submit a letter from Settlers that all their requirements have been met. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.24 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.25 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.26 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.27 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 2.28 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.29 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. 2.30 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.31 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.32 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. 2.33 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. 2.34 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.35 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 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 fire prot~tion 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 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 e~sting buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Provide an approved turnaround at the terminus of Greenspire Court. Exhibit B -Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Must support 75K weight load. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13' 6. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.10. Building setbacks shall be per the International Building Code for one and two story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.13 The proposed 2771ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 803 residents at build out. 3.14 The fire department requests that any future signalization installed as the result of the development of this proj~t be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 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). Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.18 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. All cul-de-sac islands shall have rolled curbs and a minimum of 24 feet of driving surface around the island. 3.19 Provide secondary access to connect estate lots to Jayker Way. 3.20 Provide additional visitor parking on cul-de-sacs to help prevent vehicles from obstructing fire lanes. 3.21 The Fire Department has concerns about the water supply for this project. Homes could be up to 7,770 square feet including garage. 2,500 GPM on hydrant spacing 400' centers. 3.22 Provide pedestrian connections on Fire storm Place and Snow Cherry Ct. which are 10' wide. 4. Parks Department 4.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (LTDC 11-3B-10) will be followed. 4.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 4.3 Due to the size of this development and future phases a possible city park may be necessary in this are in the future. Please contact Doug Strong to discuss further. 5. Police Department 5.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall use walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 5.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5.3 Secondary access is required and shall be worked out with the Fire Department. 5.4 Adequate lighting shall be provided for all common areas and micro paths. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District 7.1 Comply with the requirements of the Idaho Transportation Department for frontage improvements and access to Chinden Boulevard (US 20/26). Exhibit B -Page 9 ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 7.2 Construct one residential collector roadway, Tree Farm Boulevard, to intersect Chinden Boulevard in direct alignment with the main access for Bainbridge Subdivision on the south side of the roadway. This access requires specific approval from the Idaho Transportation Department. Construct the roadway with two 14-foot travel lanes, a raised 18-foot center median, two 6-foot bike lanes, vertical curb, gutter, and detached 6-foot concrete sidewalks within 64-feet ofright-of--way. Provide a minimum 21-foot street section on each side of the proposed center medians. Parking is prohibited on this roadway. 7.3 If ITD approves a signal at the main entrance, the applicant shall design, construct, and install a traffic signal at the intersection of Tree Farm Blvd. and Chinden Blvd. If approval for a signalized intersection cannot be obtained from TTD, significant re-design of the site may be necessary based on the submitted traffic impact study. The center island design at the intersection shall be closely coordinated with District Traffic Services staff in conjunction with the signal design. The center island shall be identified as right-of--way for approximately the first 100-feet north of the intersection to allow the District to make modifications in the future, if needed, based on the signal function. The applicant may enter into a license agreement for the landscaping of that portion of the island. 7.4 Construct Jayker Way as a residential collector with no front-on housing and no on-street parking. Construct the roadway as a 36-foot street section with vertical curb, gutter, and an 8- foot concrete sidewalk on one side (north-west side) of the roadway. This roadway may generally be constructed within 40-feet ofright-of--way, except were it abuts the Teco One property. The right-of--way for Jayker Way shall be extended adjacent to the northerly property line (the southerly property line for the Teco One properties) to allow for future access to the Teco One property. 7.5 Construct the following local streets as 29-foot street sections with two travel lanes, parking on one side, curb, gutter, 8-foot planter strips and 5-foot detached sidewalks within 55-feet of right- of-way: • Old Gold Way • Viburnum Drive • Ponderosa Drive • Moon Drummer Way • Silverlace Drive • Silver Sage Drive • Impereta Drive 7.6 Construct the following local streets as 29-foot street sections with two travel lanes, parking on one side, curb, gutter, and 5-foot attached concrete sidewalks within 50-feet ofright-of--way: • Red Bud Place • King Maple Drive • Snow Cherry Court • Honeyrose Place • Caragana Court • Cotoneaster Place • Deodora Place • Pinyon Pines Place • Firestorm Place • Irish Gold Court • Red Jade Court Exhibit B -Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Greenspire Court 7.7 Receive written Fire Department approval for all of the proposed reduced street sections within the development. Install "No Parking" signs on one side of all the reduced street section roadways as identified in conditions 5 & 6. 7.8 Shift the proposed stub street to the south approximately 100-feet west (to be located approximately 430-feet east of the west property line) to stub to the 25-acre open space lot within Westwing Estates. Provide a temporary turnaround at the terminus of the roadway, and install a sign at the stating, "THIS ROAD WILL BE EXTENDED IN THE FiJ'TURE." 7.9 Construct Silverlace Drive as a stub street to the east, located approximately 920-feet north of Chinden Boulevard (measured centerline to centerline), to the open space portion of Westwing Estates. Provide a temporary turnaround at the terminus of the roadway, and install a sign at the stating, "THIS ROAD WILL BE EXTENDED IN THE FLJTCTRE." 7.10 Construct Jayker Way and Tree Farm Boulevard as residential collector stub streets to the west for future phases of this development. 7.11 Construct a curb return approach from Jayker Way to the Teco One property to serve as primary access in lieu of Basco Lane. 7.12 Extend the right-of--way for Jayker Way adjacent to the northerly property line to allow for future access to the 3.4-acre and 2.5-acre Teco One properties. There shall be no lots between the right- of-way boundary for Jayker Way and the property line of the Teco One property (see attachment #5). Enter into a license agreement with the District for any required landscaping between the edge of the roadway and the property line. 7.13 Submit a road trust deposit to the District for 69% of the total cost of constructing a 36-foot residential collector roadway (within 50-feet ofright-of--way) that could be constructed on property owned by the applicant, on the gulch between the two Teco One properties. The dollar amount for the road trust deposit will be determined by District Development Review staff during the construction plan review phase. The amount will be based on the above identified percentage and the District's estimated cost of the roadway at that time. 7.14 Coordinate the specific design of the turnarounds and parking within the islands with District Development Review and Traffic Services staff. The non-standard turnaround design and the proposed parking within the island is required to be specifically approved by the Fire Department. 7.15 Construct three local roadway intersections with Tree Farm Boulevard and two intersections with the residential collector, Jayker Way. The first local street (Old Gold Way) shall intersect Tree Farm Boulevard approximately 400-feet north of its intersection with Chinden Boulevard. 7.16 Direct lot access is prohibited to Tree Farm Boulevard and Jayker Way. This access restriction shall be noted on the final plat. 7.17 Comply with all Standard Conditions of Approval. 8. Central District Health Department Exhibit B -Page 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Idaho Transportation Department 9.1 Per current TTD policy and Meridian ordinance access, the only direct access allowed to the highway should be at the half mile. All other access points should be abandoned. It appears that the plat complies with that requirement however a permit application has not been submitted. Access to the highway will require a permit. The applicant should contact Jon Ogden at 344-8377 for permit application information. 9.2 A setback of 100 feet from the highway centerline should be required to accommodate future highway widening and roadside clear zone. I was unable to verify if the plat showed this due to the drawing scale. Please confirm. 9.3 Site design should provide connectivity to adjacent parcels to minimise future approach requests to US 20-26. 9.4 Per the City of Meridian ordinance, a collector type facility should be constructed roughly parallel to US 20-26, connecting the half mile access road to Black Cat Road. Connection to Ten Mile may not be feasible due to the Golf Course. 9.5 Noise abatement will be the responsibility of the developer. Exhibit B -Page 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 C. Legal Description Project: 05013 Date: October 11, 2006 Page: 1 of 3 PRELIMINARY PLAT BOUNDARY DESCRIPTION A parcel of land situated in the south 1/2, and in the south %z of the south %z of the north '/z of Section 22, Township 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the south'/a comer of said Section 22, from which point, the southwest corner of said section beazs, N.89°17'17"W., 2647.16 feet; thence, along the south line of said section, 1) N.89°17'17"W., 55.02 feet; thence, 2) N.00°30'29"E., 118.84 feet to the beginning of a tangent curve; thence, 3) Northwesterly along said curve to the left having a radius of 380.00 feet, an arc length of 111.78 feet, through a central angle of 16°5]'12", and a chord bearing and distance of N.07°55'07"W., 111.37 feet to a point of reverse curvature; thence, 4) Northeasterly along said curve to the right having a radius of 225.00 feet, an azc length of 176.88 feet, through a central angle of 45°02'28", and a chord bearing and distance of N.06°10'31"E., 172.36 feet; thence, tangent from said curve, 5) N.28°41'45'E., 73.67 feet; thence, 6) N.61 ° 18' 15"W., 20.67 feet to the beginning of a tangent curve; thence, 7) Northwesterly along said curve to the left having a radius of 72.50 feet, an arc length of 38.98 feet, through a central angle of 30°48' 14", and a chord bearing and distance of N.76°42'22"W., 38.51 feet; thence, tangent from said curve, 8) 5.87°53'31"W., 107.74 feet to the beginning of a tangent curve; thence, 9) Northwesterly along said curve to the right having a radius of 187.50 feet, an arc length of 144.13 feet, through a central angle of 44°02'36", and a chord bearing and distance of N.70°05'11"W., 140.61 feet; thence, tangent from said curve, 10} N.48°03'53"W., 184.22 feet io the beginning of a tangent curve; thence, 11) Northwesterly along said curve to the right having a radius of 227.50 feet, an arc length of 185.06 feet, through a central angle of 46°36'27", and a chord bearing and distance of N.24°45'40"W., 180.00 feet; thence, tangent from said curve, 12) N.Ol°27'26"W., 15221 feet to the beginning of a tangent curve; thence, 13) Northwesterly along said curve to the left having a radius of 372.50 feet, an arc length of 117.85 feet, through a central angle of 18°07'37", and a chord bearing and distance of N.10°31'14"W., 117.36 feet; thence, tangent from said curve, 14} N.19°35'03"W., 265.08 feet to the beginning of a tangent curve; thence, C:\!RR\050131Prelim Plrit Boundary.doc Exhibit C -Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Page: 2 of 3 15) Northwesterly along said curve to the left having a radius of 337.50 feet, an arc length of 101.61 feet, through a central angle of l7°15'00", and a chord bearing and distance of N.28°12'33"W., 101.23 feet to a point of compound curvature; thence, 16) Northwesterly along said curve to the left having a radius of 137.00 feet, an arc length of 59.61 feet, through a central angle of 24°55'53", and a chord bearing and distance of N.49°17'59"W., 59.14 feet; thence, tangent from said curve, 17) N.61 °45' S6"W., 93.82 feet to the beginning of a tangent curve; thence, 18) northwesterly along said curve to the right having a radius of 183.00 feet, an arc length of 197.68 feet, through a central angle of 61°53'34", and a chord bearing and distance of N.30°49'09"W., 188.21 feet; thence, tangent from said curve, 19) N.00°07'38"E., 383.45 feet to the beginning of anon-tangent curve; thence, 20) Southeasterly along said curve to the left having a radius of 620.00 feet, an arc length of 69.21 feet, through a central angle of 06°23'46", and a chord bearing and distance of S.88°05'58"E., 69.18 feet to a point of compound curvature; thence, 21) Northeasterly along said curve to the left having a radius of 377.50 feet, an arc length of 165.74 feet, through a central angle of 25°09'21", and a chord bearing and distance of N.76°07'28"E., 164.41 feet; thence, tangent from said curve, 22) N.63°32'48"E., 183.91 feet to the beginning of a tangent curve; thence, 23) Northeasterly along said curve to the right having a radius of 422.50 feet, an azc length of 48.31 feet, through a central angle of 06°33'06", and a chord bearing and distance of N.66°49'21"E., 48.29 feet; thence, tangent from said curve, 24} N.70°05'54"E., 45.04 feet; thence, 25) N.00°25'07"E., 217.01 feet to the southwesterly corner of that certain 6.00 acre parcel of land as shown on Record of Survey No. 2006; thence, along the southerly line of said pazcel and the easterly prolongation of said southerly line, 26) 5.89°30' 12"E., 790.81 feet to a point on the westerly line of that certain parcel of land as shown on Record of Survey No. xxxx; thence, along the westerly and southerly lines of said parcel the following courses: 27) 5.00°13'10"W., 9.14 feet; thence, 28) S.86°30'59"E., 189.75 feet; thence, 29) S.47°25'06"E., 249.20 feet to the most southerly corner thereof; thence, leaving said parcel lines, 30) 5.40°51'21"E., 81.04 feet to the beginning of anon-tangent curve; thence, 31) Southeasterly along said curve to the right having a radius of 660.00 feet, an arc length of 377.77 feet, through a central angle of 32°47'43", and a chord bearing and distance of 5.28°58'26"E., 372.64 feet; thence, non-tangent from said curve, C:1!RR1p50131Prelim Plat Boundary.doc Exhibit C -Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Page: 3 of 3 32) N.77°25'26"E., 331.86 feet; thence, 33) N.13°41' 14"E., 884.80 feet to a point on the southerly right-of--way line of the Phyllis Canal; thence, along said southerly line the following courses: 34) N.73°44'23"E., 255.71 feet; thence, 35) N.79°59'01"E., 931.36 feet to a point on the easterly line of said Section 22; thence, leaving said canal right-of--way, along said easterly line, 36) S.00°30'15"W., 400.04 feet to the east t/< comer of said section; thence, continuing along said easterly line, 37) 5.00°20'38"W., 1317.45 feet to the northeast corner of Westwing Estates Subdivision recorded in Book 70 of Plats, at Pages 7200 through 7201, Ada County records; thence, along the northerly and westerly lines of said subdivision the following courses: 38) N.89°18'37"W., 1291.68 feet; thence, 39) S.00°25'45"W., 1276.93 feet to a point on the northerly right-of--way line of State Highway 20-26; thence, leaving said Westwing Estates boundary line, along said northerlyright-of--way, 40) N.89°17'35"W., 1023.59 feet; thence, 41) S.00°30'35"W., 40.00 feet to a point on the southerly line of said section; thence, along said southerly line, 42) N.89°17'35"W., 330.00 feet to the POINT OF BEGINNING. SAID PARCEL containing 142.97 acres, more or less. SUBJECT TO, all Covenants, Rights, Rights-of--Way, Easements of Record, and other Encumbrances. C:\!RR105013\Prelim Plat Boundary.doc Exhibit C -Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 o ~ ' I ! I '~ `%~ I 1' `~ T9d I ~ ' i 1 ..'~..b-a' ~'~`r w ~ m m~ tA' f ~ ~ o ~ I . i m p 34 ~ I x ~ '\ ~. I m < p rap + c me ~ ~~ ~l ~ zo ~x ~z a 1, ~\ + A t ~~~ 3 ,.m_.. ~' ' i ~ y I i -. 4 p i~ ~ 0 t Z ~n i Bj ~ }'~1 ~ ,~+ No ~v3 ' I \1 I ..z N ~' ~ ! \ \ ~..._.._ _ ._ ._ z e B CK TROAD I -~ ~ `" !--- ~~~~\ - P+ ' ~ '1 0o o I ~ ~ ~ g ri1 O~ ~ ~ p I ~\ df J i j ~f , ~ ~ ' ~ - + Z 1 ~ ~ Y i ~ ~ 4 l df ~--+ O l ~ ~ ~~ c y ; ~ ` 1v P'( ~ ~y < ~, I z ~ ~ rf ~ " --- a ~ ~ I ~ n ~ Cn z~ ~~ ,. II ~ ~ j ^~ g ~ bd --_.._~._ _ .._..- I- --- - - _ - f ~ _i I ~ f ~ a _ ~~ ~ I rn a I_~ V h '-I x r G ~ ~---~-„ -. ~ ] ~ O o .a ~"~ ~~T+ M m ~ ~ r~ j n --+ D D ~ 1 ~ r - v - - ~- ~ y /~ ~o ~ ~ mp I ~ ~ o V1 .~., ~~ ~ ~~ S C Ul w ~~ ~S I ~ p c l ~ '~ 1° ~ f to 3 T ~ y ~ ~ ~ fl' ~~ I PI ~ rn ~I D~ ~ z r ~ ~ ~ 1 ~ ~~ ~~. I ig ~ t0 I m I i f ~ ~ 1 1.. i~% 10 LE RD. 1 ~ ' / ~ ~ ___. ~ ~~ I S i I a \ p ~r /1 ~ +> ~ ' W ~ Z ~ / ~~ a _ , ,t, ~ _ - -- , Exhibit C -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 D. Required Findings from Unified Development Code 1. Preliminary Plat Findings: 1';n consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 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. D. 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. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council 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. F. 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 fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should 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 -Page 1 • March 23, 2007 • VAC 07-004 MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Toothman-Orton Engineering ITEM NO. 5-M REQUEST Resolution No. :VAC 07-004 Request for a Vacation of the water service line easement located on Lot 15, Block 1 of Bonitio Subdivision No. 3 for Bonito Subdivision No. 3 - 2971 E. Copper Pointe Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER IO NAVARRO AMOUNT .00 BOISE IDAHO 03/29/07 01: M DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III RECORDED-REOUEST OF Meridian City 10713~~~~#~ CITY OF MERIDIAN RESOLUTION NO. ~ ~"` J J ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE WATER SERVICE LINE AND METER EASEMENT LOCATED ON LOT 15, BLOCK 1, BONITO SUBDIVISION N0.3, LOCATED IN THE EAST %Z OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2007 the City Council of the City of Meridian, held a hearing on the vacation of the water service line and meter easement located on Lot 15, Block 1, Bonito Subdivision No. 3, located in the East'h of Section 20, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the of the water service line and meter easement located on Lot 15, Block 1, Bonito Subdivision No. 3, located in the East 1/2 of Section 20, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF THE WATER SERVICE LINE AND METER EASEMENT -VAC 07-004 Page 1 of 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z~ *day of `'12 ~G~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z 7 day of ~ Q/L (i~v , 2007. a~ ATTEST: de WEERD >\ D _ `! ~ ~' ~~~ Q0' jtlry~9 `~ °~~~. < <f%1 WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss County of Ada ) ~"`'. ~~~~ - ~ ~ :°' :~ ®~ P' 4 ~'(• tee` 111 Ilii pia/s/////~~~Ill iii®1~`r~t`~~`\n On this c ~ d~ day of ~ GL~1 G~n , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .c f • ~ • i ,...... • u.ON .~ •. ~' • G~.d ~ `~---~ NOTARY PUBLIC FOR IDAHO RESIDING AT: V~ ~ 6~~. ~oP MY COMMISSION EXPIRES: /0-~3 =!~ VACATION OF THE WATER SERVICE LINE AND METER EASEMENT -VAC 07-004 Page 2 of 2 ss ~ 0~ ~ "~ ~ ' " ----------- _,-_ _- ---- ~.~ ^ ^ S i I;II .~ __ m •e~ I,II ~" t;l ~ -- I;11 ~ a I;II _ Nr o w ~ ~ N °~ Y ~ °- 00 L I;II ~~"~~ , ~~ ~ .7 -- I EXISTING WATER I II SERVICE LINE - I III EASEMETNT TO ~~"- BE VACATED 8 `~ ~ III I II ,~ ; I III a m Y , t~ ~ t l 1 ~. t ~ ~ 4 ~ ~ '~ ~ ~ ~ a~~k Ki ~8,5 ~ ~~~8 ~ ~`'..~ ~ S _ e S ~~ d TOOTHMAN-ORTON ENGINE ERING CO. O 1O ZO 4O GO ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD BOISE. IDA HO 83714-2008 PHONE: 208-323-2288 FAX: 2 08-323-2399 c~ E-FlLE G:\04107\Lot 15 VAC PIon.DWG DATE: 12/21/06 JOB: 04107 • • March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Nampa Irrigation District ITEM NO. 5-N REQUEST Approve License Agreement with Nampa Meridian Irrigation District for the pathway along the Cresson Lateral in Crossfield Subdivision No. 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Agreement 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. u ~~ J ~: -ter'.-~Lr ~L ~`~ ~; ~~ ~~arrrag arnj erg ~ ~ ,rind rnmmur~~es fortlte future _. LLP 1029 N. Rosario Street, Suite 100 MAR 20 ~OG7 Meridian, iD 83642 Phone: (208) 938-0980 City of Meridian Fax: (208) 938-0941 City Clerk Office LETTER OF TRANSMITTAL To: Mr. Ted Baird City of Meridian Attorney 33 East Idaho Meridian, ID 83642 Date: 3/1/2007 Project Name: Crossfield Subdivision. No. 3 Project Number: 51027 X For A royal A roved as Submitted Submit for Distribution For Your Information A roved as Noted Return Corrected Prints X As R nested Returned for Corrections For Pre-Construction X For Review and Comment/Si nature/Recordin Price For Bids Due: Resubmit for A royal Remarks: Ted: Please review the attached license agreement prepared by Nampa & Meridian District's attorney. If acceptable, please schedule for approval by the Meridian City Council and recordation. If you have questions or need additional information, please call me. Thanks! Co to: Heron River Develo ment File Si ned;: Shari Stiles These are transmitted as indicated helnw~ ~ • ~ CITY OF ~ ~ " ~, ~~%~V(eY1G~1G"YI ~ IDAHO yR. f `.M1rF~i J~ T~:ensuite V,v~Y 8 7903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 April 3, 2007 Nampa Meridian Irrigation District 15031st South Nampa, ID 83651-4395 Re: Dear Sirs, Enclosed you will find two signed originals of the above Agreement approved by Meridian City Council on March 27, 2007. Please pursue the appropriate signatures upon your earliest convenience. You may return the documents to my office for recording, or complete that process yourself if that is your usual practice. Please return one original recorded document to the Meridian City Clerks Office for distribution and storage. Please feel free to contact our office at 208-888-4433 with any questions. Sincerely, Sh~~.Srn~-I~-~ Sharon Smith Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4278 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2007, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," WIT1vESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement /right of way (burdened with the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as CREASON LATERAL (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT -Page 1 WHEREAS, the Licensee desires a license to perform construction, maintenance and operation of a pathway within the District's easement for the Creason Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. Licensee may perform construction, maintenance and operation involving the paving of the pathway within the District's easement for the Creason Lateeral, located within the Crossfield Subdivision Nos. 2 and 3, south east of the intersection of Linder Road and Ustick Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By. Its President ATTEST: Its Secretary LICENSE AGREEMENT -Page 2 ATTEST: STATE OF IDAHO ) ) SS: County of Canyon ) THE CITY OF MERIDIAN ,,~~ItIIItI~Irg~~ ~~ ~ - :_ i '~' r, ° a d 'ss ~~ ~ , 5 J~~~r-991f1 Itt6lt~t~L 3-2~-a7 On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have. hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) '1 ss: County of ttC~ G~ ) Notary Public for Idaho Residing at ,Idaho My Commission Expires: t2/ ~~ , On this "~ ~ day of ~ 2 k , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared ` 1 C~.V~.rvw~~,t. ~;;~.~., ~. and ~w'; UuG;r,, ~ , ~ ~l ~.-J ,' ,known to me to be the YY1.U<~kUY and l`.-°.-wtii C°, f,~~~~ ,respectively, of The Y OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •~~~~~~• oii ~~ ~ iii . ; ; • • s i f as i i :,~ a :~-,~ tri,%Qiii ~~`1 G~~l ~r~ t ti ~~; -~~-= Notary Public for . ' - ~;.~,;,-~ Residing at 1„u ~h ~ , ~c~ My Commission Expires: l ~ ~- I ~ - d ~ LICENSE AGREEMENT -Page 3 ! ~ EXHIBIT A Le~?al Descri tv ion Aright-of-way in the North West 1/4, Section 1, Township 3 North, Range 1 East, B.M., Meridian, Ada County, Idaho. EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. No other construction or activity is permitted within or affecting the Cresson Lateral or the District's easement. b. Licensee acknowledges and confirms that the District's easement for the Cresson Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Creason Lateral, and to access the Creason Lateral for said purposes and is a minimum of 60 feet, 20 feet to the lest and 40 feet to the right of the centerline looking downstream. 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AW( I '-~i" ~ 6 I 1 I I WWP W g ~ I 91 P I @ ® 8~ ul l t•g v ~ 1_~ I [ad 1 ~ I 1 I r a. i p / i / i i • ~ Exhibit B March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT New Heritage Theatre ITEM NO. 5-O REQUEST Approve Amendment to Agreement with New Heritage Theatre Company AGENCY COMMENTS CITY CLERK: See Attached Agreement 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. • • AGREEMENT TO PERFORM WRITTEN WORK BETWEEN THE CITY OF MERIDIAN AND NEW HERITAGE THEATRE COMPANY TffiS AGREEMENT made this Z~v~~ day of ~ S~Gt.~. 200 '~, between The New Heritage Theatre Company (hereinafter referred to "New Heritage"), located at 723 Taylor, Meridian, Idaho, 83642/P.O. Box 44269, Boise, Idaho, 83711 and the Mayor's Anti-Drug Coalition, by and through the City of Meridian (hereinafter referred to as "City/MADC"), and located at 33 East Idaho Avenue, Meridian ID, 83642. The City has designated New Heritage to perform the written work herein described. WHEREAS, New Heritage is a professional theater company comprised of a resident repertory company, a theatrical training conservatory and educational and community outreach programs; and, WHEREAS, New Heritage is a non-profit organization exempt from federal taxes under 26 U.S.C. § 501(c) (3); and, WHEREAS, the Mayor's Anti-Drug Coalition, by and through the City, desires to contract for the work of New Heritage and to commission New Heritage to perform a written work, specifically, a play promoting adrug-free lifestyle and adrug-free community (hereinafter referred to as "Tuned Out"); and, WHEREAS, the parties previously engaged in an agreement to create the play "Tuned Out" NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1. Performance specifications. New Heritage hereby agrees to perform the play "Tuned Out" consistent with the script that was provided subject to artistic interpretation. 2. Sponsorship credit. The City/MADC's sponsorship of the play "Tuned Out's development shall be acknowledged whenever the Play is performed and/or published, whether such performance and/or publication is of the play in its entirety, or is of any component thereof. 3. Payment. The City's payment to New Heritage shall be $35,199.99, of which $4,999.99 is reimbursement for ezpenses from a State of Idaho Grant from the Governor's office for "Children and Families Against Drugs", for performances in the Spring of AGREEMENT TO PERFORM WRITTEN WORK -- NEW HERITAGE THEATRE COMPANY PAGE 1 OF 5 • • 2007 in the Meridian School District. Additional funds will be raised for performances if necessary. A proposed budget for the performances of the play contemplated by this Agreement is attached and is incorporated herein by reference. While the City shall administer the funds for payment of the purchase price, no tax revenues shall be expended for such payment; rather, such funds shall be fundraising monies provided by the Mayor's Anti-Drug Coalition (MADC). New Heritage may submit invoice(s) for payment and will be paid timely by the City. 4. Performance date (s). The contracted performances will be held between March 1-31, 2007. The number of performances of the play is to be determined between the City/MADC and New Heritage. "Tuned Out" shall be performed at schools selected by the Ciry/MADC on dates to be agreed between New Heritage and the individual schools. 5. Termination. If either parry willfully or negligently fails to fulfill its obligations under this Agreement, the other party shall have the right to terminate the Agreement, by giving written notice to the defaulting party of its intent to terminate and specify the grounds for termination. The defaulting party shall have fourteen (14) calendar days after receipt of the notice to cure the default. If the default is not cured, this Agreement shall terminate. The City may terminate this Agreement for any reason at any time by giving at least fourteen (14) calendar days' notice in writing to New Heritage. In the event of termination or default for non-performance by the City, then City shall compensate New Heritage for reasonable accrued costs for actual time spent performing the Play, less the payments of compensation akeady paid. In no event shall such costs exceed the total contribution specified herein. The City shall not be responsible for the cost of services performed or expenses incurred subsequent to such notice of termination. 6. Ownership of the play. The City, recognizing that the Play is the exclusive artistic creation of the Author (Sandra Cavanaugh, a member or the Dramatists Guild), agree that it will not make, require or permit to be made any addition, omission and/or alteration of the Play without the prior written consent of the Author. Any change in the manuscript, stage business, or performance of the Play suggested by the City or any third party, which is acceptable to the Author, shall be the property of the Author, free and clear of all liens and encumbrances, and the Author shall not be obligated to make any payments to any Person who makes or suggests any changes in the Play. AGREEMENT TO PERFORM WRITTEN WORK -_ NEW HERITAGE THEATRE COMPANY PAGE 2 OF 5 • The City represents and warrants that it shall not, and shall not permit any person under its control, direction or employ to publicly or privately, directly or by implication, represent, imply or agree that the Play is a collaborative or joint project or a Joint Work as defined in 17 U.S.C. Section 101, or that the authorship of the play is held by any Person other than the author. 7 Entire agreement. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by a mutually agreed upon written instrument duly executed by both parties. 8. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 9. Notices and changes of address. All notices shall be sent to the addresses set forth in the first paragraph of this document. Each party shall give written notification of any change of address prior to the date of said change. 10. Hold harmless and indemnification. New Heritage agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any damages or losses of any nature whatsoever, including damage or loss to New Heritage, and all liability or expense for any causes of action arising from or connected with the services provided by New Heritage, its agents, employees, assigns, heirs, or representatives pursuant to this Agreement, whether brought against City by third parties or otherwise, unless caused by the sole negligence of City. 11. Independent entity. It is the express intention of the parties that New Heritage, and any official, agent, or employee thereof, is an independent entity and is not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between New Heritage and City or between New Heritage and any official, agent, or employee of City. Both parties acknowledge that New Heritage is not an employee of the City. New Heritage shall retain the right to perform services for others during the term of this Agreement. 12. Discrimination prohibited. AGREEMENT TO PERFORM WRITTEN WORK -- NEW HERITAGE THEATRE COMPANY PAGE 3 OF 5 In performing the services set forth herein, New Heritage shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Attorney's fees. In any action by the City or New Heritage for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 14. Governing law. This Agreement shall be governed by the laws of the State of Idaho and the City Code of the City of Meridian. 15. Assignment or transfer of agreement prohibited. New Heritage acknowledges and agrees that an essential element of this Agreement is the skill and creativity of New Heritage and any persons employed or utilized by New Heritage. New Heritage shall not, therefore, in any manner, directly or indirectly, by operation of law or otherwise, hypothecate, assign, transfer, or encumber this Agreement or any portion thereof or any interest therein, in whole or in part, to any third party without express, prior written consent of City. New Heritage shall not subcontract outside of New Heritage any work to be done pursuant to this Agreement without the written consent of the City. 16. Binding agreement. This Agreement shall be binding on the parties hereto and their heirs, executors, administrators, successors, personal representatives, and assigns; provided, however, neither this Agreement nor any part hereof, except for monies previously earned and due to New Heritage may be assigned to anyone without the written consent of the City. 17. City Council approval requu-ed. The validity of this Agreement shall be expressly conditioned upon City Council approval hereof. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. AGREEMENT TO PERFORM WRITTEN WORK __ NEW HERITAGE TxEATRE COMPANY PAGE 4 OF 5 • • IN WITNESS WI~REOF, the parties hereto have signed this Agreement on this ~~ day of ~~~G~Gv:. 2007. CITY: Attest: ~~--= /° e William G. Berg, Jr., City Clerk And this day of _ , 2007. NEW HERITAGE THEATRE: Andy Cavanaugh,'~ir-actor ~~ AGREEMENT TO PERFORM WRITTEN WORK -- NEW HERITAGE THEATRE COMPANY PAGE 5 OF 5 City of Meridian • CITY OF MERIDIAN CONTRACT AMENDMENT CONTRACTOR NAME: DEPARTMENT NAME: The New Herftage Theatre Company City of Meridian ADDRESS: ADDRESS: 723 Ta for Meridian, ID 83642 Meridian,hD 83642 CURRENT CONTRACT INFORMATION: Amendment Date: 3/74/07 Previous Amendmenffi: 0 Current Contract Dates: START: 3/9/07 COMPLETION: 5/31/2007 Current Contract Amount (Inclusive of Previous Amendments to Date): $35. 199.99 CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE OPTION TO RENEW 'and check off any applicable amendments under that column. STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that annly) (Check all that ADnlvl _ Amendment to Contract Pertormance (Scope) Amendment to Contract Pertomtance X Amendment to Contract Dates Amendment to Contrail Dates Amendment to Contrail Amount Amendment to Contrail Amount Other. (Explain) Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach a/l relevanf documenfatlon defai/ing amendment): Paragraph 4 of the original contract required that the contracted performances were to be held between March 1-31 2007 , . These performances have not occurred. The parties to the contract have agreed that the ftrst pertormance will now occur on April 4, 2007. The parties have agreed that the other performance whose number, dates and venue will be determined by the artles er the contrac will occur between the months of Se tember and December of 2007. NEW CONTRACT INFORMATION: Amendment Date: 3/14/07 New Contract Dates: START: 3/14/2007 COMPLETION: 12/31/2007 Amount of Amendment Change $ 0,00 Current Contract Amount (Inclusive of Previous Amendments to Date): $35.199.99. ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN BY: ~~ ~,~((.A1 TAMMY de 1 D, MAYOR ,°°`~\\,',``""'"~-,,,; ~,,o Dated: ~~ v'®~ m°° ~~ `'> Approved by Council: Attest: .; i. ~/ ~ f '~ G. BERG, JR., d • i y^'°F CLERK p~ d~ ~~ W 'i ~. ~e ~ ~ ~ ` l~ a w`~ P1S~. ~,\ o°: T~ , .~. New Heritage Theatre BY: Ap BY: to ~~ i March 23, 2007 • MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-P REQUEST Approve Budget Amendment for Mayors Office for FY 2007 for Volunteer Squared Web based Software 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 Budget Amd Spreadsheet ~f Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~ 0 10 L -° Q~ O O 7 U ~ C U N w C O. N m `,~ ~ V C 7 D. y U Z' m C .U V N IO N N N.'L- C~°~ 7 LL° Z w `~ m O C m V Q l0 ~ L O 7 C N m W t0 O N E: ~ L i+ a m N w 7~ C 10 C C C g' ,t ~ m m N pN } ~ 3 X U m +r7 A y~ m~ O~ w U ~ W m'O C N° C N 7 O c.ms "- o ~ l0 a m ° m .O m N m Of 7 __ U X "O w-C-. O' . 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V Q ~ 3 $ ~ ~ ~ a 3 w Z ~ m O y ~ V m 0 O (7 0 O t'7 0 ~ N aa O C7 P N 0 N N 0 ~ 0 N N 0 o FY W O U av C o r v ~ a ~ er P v N ~r N a N v N a a ~ O c E li C it Z o N ~ c o t 0 ~ m W ~ ~ ~ ~ OOf W E a H i N A v ~ z ® x ~ W ~ ~ a C ~ LL O m ~ ~ O en ¢ OI- O O W yzy,,~~ W` a ° m w e m W E P N F ~ v ~ ' ~ ~ ~ aQ o O ti !- O p V s O a O C O .C o. a N o- ~ m O ° m n O N .' `0 1Q a C ° m c m m 'O X m m m 3 L7 r m y C N l6 N C m W C_ C N '~ s C O ~ A m ,Q7 'O O V O m zo ~ ' o N ~ C ~ ~Q O~ U ~j C R y~~D m L 1 = C F a m E~'~~ O m n.~ ~ H N C °"-O ~~zE m ~ m 7 z ~ R HtA w ~ l0 m 0~.~- m `o ~ ~ o ~ o m,Z,+O ~I EU cLm. W m m ~r.3v° y ~ C N L ~ ~~ ~ m•-Ea C ~ .° ~ V1 N c 'O 0 m m c R 'O C l0 N C m m .D C N 3 Q ~U N C ~ c ~ c ° O U L N E ~ 'O ~ c ~~ O O N n~ m c w m m m L v ~O m o m C7 m ~ m 07 m ~ t ~ H ma y 7 .O W O T m w m= ~~ m ~ t6 w N m j~ lC0 C C - j C U o m ra E w O ~ c c U C C ~ C ~ m m .mn'S- C - ~ 'lp .~ Y E ~ a~ o ro O '~ o N fl m ~ O '~ ~ m O N y N L m ,~mc `>>>llltiltlil6 ,,,® r ,,`~ ~+~ e ~ m ~d ~,~~~ ~ ~~ i~ ,, ~~~''rm, a l C C c _ m \~'.~ c E m O1 N N ~~ U ~ ~ ~~ C O ~ d' (~ a m °d a r e ~~ a W ®a~ ,_.®~a 1 ` N J ~ zW ~o LL ~ Wp U d O~ H O~ zW F Q ~~ m~ H. ~ m ~r ~_ ~z U~ D ~ WY ZV ~w tp U • March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Idaho Conference of Seventh Day Adventists ITEM NO. 5-Q REQUEST Off-Site Sewer Easement for Incline Village Subdivision 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 Agreement u" I " ~ Date: Phone: Emailed: Staff Initials: Materials presented at pubtlc meetings shall become property of the CNy of Meridian. a' ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO04106/07 01:38 PM DEPUTY Usa Irby !! RECORDED-REQUEST OF ~II ~~~I~~~~'~I~~I~~~~~'~II~~~~~ ~~~ III City of Meridian 11~7'0~4~it~4 SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of rK acc4~. 2007 between Idaho Conference of Seventh-Day Adventists Inc ,the parries of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary 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 Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed.within the area described in this easement that was placed therein violation of this easement. Sewer Main Easement Incline Village sewer easement ParrP, t ~f THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, ar perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Idaho Conference of Seven h-Day Adventists Inc. By: Don Klinger, Secretary STATE OF IDAHO ) ss County of Ada ) On this ~iL day of ~~1ir~!'l , 20~, before me, the undersigned Notary Public in and for said State, p rsonally appeared Don Klinger, known or identified to me to be the Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 'aQ':- `,0 ill n~. •'~ G •;s ~ d o® °'' ~ NOTARY P C O ID ~'~~ Residing at: A , ~, .~•. '~~ Commission Expires:_~ ~~~i9~F ~ O F • ~~,~~~~` Sewer Main Easement Incline Village sewer easement D.~.v., ~ ..~R GRANTEE: CITY OF MERIDIAN Tammy de We ayor ~ ~.. Attest by William G. Berg, C Clei Approved By City Council On: ': ~ ,~~~Nrunntll~~~f~ ~~ ,` `~ '~jj ~G ~~ STATE OF IDAHO, ) ss. County of Ada ) On this ~~~` day of ~~ , 20~~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~i~f~ aTAg~ • `. ~;~~°U' ~~ .;E Sewer Main Easement NOTARY PUBLIC FOR IDAHO Residing at: "~1'L.Z ~ 6aoi ; ~c(~ Commission Expires:_ ~0 -~~=1( Incline Village sewer easement Page~of d~. N ~L . I- ~, ~ ~C SCALE: 1 "=100' _ „ S89'18l47~E 491.54= ~•O.g.~ t0 --- - ------ ---- N89'18'47"W , - - - 491.54' -' - '^ ` ` ' -" W ~ N00'37'43"E ~ 3 A ~ ' 25.00' ~o ~ 0 '~ N W ~ O fI') N I 4,~3 w .M~ N ~~ ;M O N Z 39'18'47"W 38.00' N w) o ~ 010 W M Q ,~ U ,r~i Y o U oQ -- z J m ~ ~~D `G~sr~~ s W. CHERRY LANE ~,/~ ~ - 4s Z j1~1'ob~o ~ SE COR. ~E `~~, ~~ SEC. 4- OF ~g ~ E HOLD w~w.eamc~.nma°ma~emv~" °naceouuoas~m ../'^ ~~'~~$ EXHIBIT B "°~`~'"""°'~°~°'"' °"°'°X'&'L"~°' INCLINE VILLAGE '~C°"` UTILITY EASEMENT a~onsr:aa~ ,~°~ 1 OF ~ 1 ~ Page. d` o~ Project: 10-05-125 Date: pecember 14, 2006 PARCEL DESCRIPTION UTILITY EASEMENT EXHIBIT A That portion of the Southeast ~/a of the Southeast ~/a of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Section 4; thence along the Easterly boundary line of Che Southeast % of the Southeast ~/a of Section 4, North 00°37'43" East, 1,064.62 feet to the Northeast corner of a parcel of land as shown on Record of Survey No. 6876 records of Ada County; thence North 89°18'4T' West, 38.00 feet to the Westerly right-of-way of North Black Cat Road the POINT OF BEGINNING; thence along said right-of-way South 00°37'43" West, 25.00 feet; thence 25.00 feet Southerly from and parallel with the Northerly boundary tine of that parcel of land as shown on Record of Survey No. 6876, North 89° 18'47" West, 491.54 feet to the Westerly boundary line of said parcel; thence North 00°3T43" East, 25.00 feet to the Northwest corner of said parcel of land as shown on Record of Survey No. 6876; thence along the North boundary line of said parcel South 89° 18'47" East, 491.54 feet to the POINT OF BEGINNING. Containing 0.282 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. LANp ~., ~, ~r~,tZ-ley)°'°o \~~ ~ o>± oy Asa E.A~ GEH/lhc H:~GAL170.05.125 -Incline Village\10.05-125 - Adminlbescriptions110-05.125-Utility-Black Cat.doc T3~rra ~ n~' Publicdvlforl~s Dspt Memo ~~~ MAC ~ ~ 2~~7 City of 1Vlericlia~ City Clerk Office T~ Mayor De Weerd S City Cour~il From: Kane Glenn ~ Fde Dates 3/20!2007 RAe: Proposes Agenda Items for 3/27/07 City Couna'I Meeting The Public Works Department respecifiugy requests that the foitowing items be placed on tits 3/27/07 City Council agenda, on the Consent Agenda, for Council's oonsberation: 1) Off--Site Sewer Easement for indine ~I a S~bliivision by Idaho Canf fo Seventh-Dav Adventists. Inc. Typical Off-Site Sewer Easement R~ommended Coundl Action: Approve the C1ff-Si~6e Sewer Easement for incline Village Subdivision by Idaho Cont fo Seventh-Day Adventists, Inc and audhorize the Mayor to sign and City Clerk to atb~t. 2) Water Easement for Grandview Market Ptaos #1 by Kimbali Proaerties Limited Partnership. Typical Water Easement. Recomnrende~d Council Action: Approve the Wafer i?asemerrt for Grandview Market Place #1 by Kimball Properties Limited Partnership and authorize the Mayor to sign aril City Cork fio attest. • page 1 • Memo Toy Karie Glenn From John Boyd ~~ CC: File 320/2007 iRee Incline Village Subdivision - OfF-Site Sewer Easement Attached is the ofd site seHrer easement for Incline ~Ila~ Subdivision. This easement runs through private property to the East of the Subdivision. The Subdivision wilt sewer through this line to the existing sewer in Black Cat Road. I have reviewed it for ac:cinracy and find it preserrtable for City Carnal anion. Ifi you need any more information on this matter please do not hesitate to oontad me. •P~e1 Fnxn the desk of... 1oHN E. Bore Drvc~a~vrAnracrsrll Merldfan Ptttddc Works Department 660 E. Watertower, Sde 200 Merrd~an, Idaho 83642 Ph: (208) 898-5500 r.... n+nn~ nnn nrr. SANITARY SEWER EASEMENT M THIS INDENTURE, made this ~ 2 `day of tK arcG. 2007 between Idaho Conference of Seventh-Day Adventists Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide a sanitary 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 Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement Incline Village sewer easement i r THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and Iawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Idaho Conference of Seven h-Day Adventists Inc. By: Don HIinger, Secretary STATE OF IDAHO ss County of Ada ) On this ~iL~ day of , 20~, before me, the undersigned Notary Public in and for said State, rsonally appeared Don Klinger, known or identified to me to be the Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. L: •;~~: .:: ` ::: s~~ C' NOTARY Residing at:~ Commission Expires: IDA V Sewer Main Easement Incline Village sewer easement GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement Incline Village sewer easement ~ ~ 4 3 w ~ N (71 M JL " '~ ~~ O N Z Ql V 00 , ~ SCALE: 1 "=100' p.~.8. N89'18'47"W S89'18'47"E 491.54' 38.00' N89'18'47"W 491.54 - - _ - ' - _ ~' 3 o ~ 25.00' n °o c"i -' •"'N 7C ~ a W N I 1 N I N ~ oIQ ~ O ~ ~ F- w Q w ~ U r Y o U z° J m ~' a.~p W. CHERRY LANE 6 ~ SE CCfR. 2.~r4 ~O~~o SEC. 4- u.B ~ INC INE VIL GE 1 _~~ UTILITY EASEMENT of ~,,... i Project: 10-05-125 Date: December 14, 2006 PARCEL DESCRIPTION UTILITY EASEMENT EXHIBIT A That portion of the Southeast'/ of the Southeast % of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Section 4•, thence along the Easterly boundary line of the Southeast''/a of the Southeast''/a of Section 4, North 00°37'43" East, 1,064.62 feet to the Northeast corner of a parcel of land as shown en Record of Survey No. 6876 records of Ada County; thence North 89°18'47" West, 38.00 feet to the Westerly right-of-way of North Biack Cat Road the POINT OF BEGINNING; i thence along said right-of-way South 00°37'43° West, 25.00 feet; thence 25.00 feet Southerly from and parallel with the Northerly boundary line of that parcel of land as j shown on Record of Survey No. 6876, North 89°18'47° West, 491.54 feet to the Westerly boundary line of said I parcel; i thence North 00°37'43" East, 25.00 feet to the Northwest corner of said parcel of land as shown on Record of Survey No. 6876; ' thence along the North boundary line of said parcel South 89°18'47" East, 491.54 feet to the POINT OF BEGINNING. Containing 0.282 acres, more or less. END OF DESCRIPTION Prepared by: J-U-13 ENGINEERS, Inc. Gregory E. Holkesvfg, P.L.S. t. i ~Z-I~y f o ~o a~ A ~S ~'~F~ ti~ GEH/lhc Fi:1GAU70-05-125 -incline Village\10.05-125 - Admin\Descriptions\10.OS•125•Utility-Black Cat.doc • March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Kimball Properties Limited Partnership ITEM NO. 5-R REQUEST Water Easement for Grandview Market Place No 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached 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 property of the City of Merldtan. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 04/06107 01:~ PM DEPUTY Usa Irbil ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~I~~~~~~ ~~~ RECORDED-REQUEST OF 1004131$5 City of Meridian CITY OF MERIDIAN WAT.E~ReFALCILITIES (METERI EASEMENT THIS INDENTURE, made thi~~ day of~, ~-~l 2t~ ~ between Kimball Properties Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water easement right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines and surface facilities to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water facilities over and across the following described property: AN EASEMENT LOCATED IN PARCEL 6 OF RECORD OF SURVEY NO. 7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59" E 5.00 FEET TO A POINT; THENCE N 00°08'01" E 8.00 FEET TO A POINT; THENCE S 89°51'59" E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28.00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; (SEE ATTACHED EXHIBIT A) 19496 Water facilities Easement p~~~-~- The easement hereby granted is for the purpose of construction and operation of a water service and it's allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G 4R: Winston Moor , P r STATE OF IDAHO ) ss County of Ada ) 19496 Water facilities Easement Pa~e~ o On this ~~= day of _~ A ~~ , 20 b"1 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Moore . known or identified to me to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day --, ~ . . ~~~ ~ • i~=~~Ll~~ NOTARY PUBLIC FOR IDAHO Residing at:~~ :~~~,p Commission Expires: ~ l - l 3 ~ Z.U tl- Attest by William G. Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) ``,,t~i~~tiu~tt~r~ri~,; . ,-mil a. ~, .r On this-L ~~' day of ~~(1~,~.,C, , 20 ~ 7, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afixed my official seal the day and year first above written. (SEAL) ~ •• O'S~~, ••'; ~,}~. . r • ~; . ~ ~ . • ; / f ~ / • t, i Q t • ~ 1C,• • 19496 Water facilities Easement NOTARY PUBLIC FOR IDAHO Residing at: ~'~ ~ ~~, ::J' c~ Commission Expires: ~Q---/ ~ ( ~ P~va ~. J n'~ ~.. vv. rv. v, v-f. sV asata rvVrVVa.V.Z ylAltLYii VV1tyl.iLlllitly ~/. VV4 DESCRIPTION FQR MERIDIAN WATER FAGILITIES (METER) EASEMENT MARCH 19, 2007 AN EASEMENT LOCATED IN PARCEL 6 QF RECORD OF SURVEY N0.7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N,, R.1 E., B.M., THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59" E 5.00 FEET TO A POINT; THENCE N 00°08'01" E 8.00 FEET TO A POINT; THENCE S 89°51'59A E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28,00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REAL POINT OF BEGINNING OF TWIS DESCRIPTION; MICHAEL E. MARKS, P.L.S. N0.4998 19496-WA'z=METER EA.$E EXHIBIT "A" LINE TAB LE LINE LENGTH 1~ARING L-1 20.00 N p0~ L-2 SAO S 89'S1'S9'E L-3 8.00 N 00'O8'01'E L-4 20A0 S 8951'S9'E L-s 28.00 s ooroa-oiv L-6 25.00 N B9'S1'S9'V 171s 1 /4 CORNER ~ INTERSTATE-84 EASTBOUND OFF RAMP w w O O 17 20 ~------------z---- N ~ I I ----------z-----1 L, ' I I I I I I f II II ~ I I EXISTING CffY OF MERIDIAN WATER MAIN I I ' ~~ 1 I ~ EASEMENT, INSTR. N0. 106042307 Z ~ ~ /% O ~ I j i t ~ ; EXISTING ~ o I I _ I I DORADO i ~~~~g;;; ~ ~ ~ ~~- , ~4 - - - ~ ~ SUBDIVISION :~~ ~~~~"~ .~ ~ ~ ~ \ PARCEL 6 I ~~ I I~_6 \ OF ROS N0. , , ~ 4 ~~~ i i i \\ 7551 i ~~ ~~t~~~.~ ~~~ \ ~~~ I r--------~ ~I S L------- i i ~6 ~~~'' 1 I I I ~ \~ ~ 1 I I I I I I I \ I I I I \ I I I I \ ~-~-~- - 1/4 CORNER ~' ~I ~- ~I o~ zl w z ~• zl W. N ~a° ~o I~ I~ 62' I ._. .-.-.-._. ._ _ _ ~1~16 sECnoN uNE s ss•4s'18"W 265&.73• 20121 OVERLAND ROAD REVISIONS WATER FACILITIES (METER) EASEMENT IN PARCEL 6 OF ROS N0. 7551 AT EXISTING DORADO SUBDIVISION IN SE 1/4 SECTION 17, T.3 N., R.1 E.,B.M ADA COUNTY, IDAHO IRAWN: MEM DATE: 01 /08/07 SCALE: 1 °=150' Stanley Consultants ~G 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-28$-0573 JOB N0. 19496 Publ~c~vlforlcs Dept. Memo MAC ~ Q 2~U7 City of 1V~ericlia~. City Clergy ®ffic~ Tm Mayor De Weerd 8 City Cavil From: Kane Glenn CC; Fle Dam 3202007 Re: Proposes Agenda {tamsfor327/07 City Council Meeting The Public Works Department respedfuny requests that the following items be placed on the 327/07 City Council agenda, on the Consent Agenda, for Camdl's consideration: 1} Otf-Site Sewer Easement far tndine Viila~ae Subdivision by Idaho Conf fo Seventh-Dav Adventists. {nc. - - - Typic~l Off-Site Sewer Easement Recommended Coundt Action: Approve the Off~Sibe Sewer Easement for Incline Village Subdivision by Idaho Conf fo Sevens-Day Adventists, Inc and authorize the Mayor to sign and City Cferk to atbe~t. 2) Water Easement for Grandview Market Place #1 by Kimball Properties Limited Partnership. Typical Water Easement Recommended CouncO Action: Approve the Wager Easement for Grandview Market Place #1 by Kimball Properties Limited Partnership and au~orize the Mayor to sign and City Clerk to attest. • Page 1 i Memo To: Kane Glenn From:Steve O'Brien CC: File oats: 3~aro~ Re: Grarx9view N~rket Piaoe #1 Water [.~ Easement i Please forward the above easement to City Council for approval and signatures. This is for a new water me#er serving a new commercial building. Thanks... • Page ~ FROM THE DESK oF: STEVE O'BRIEN DEVeLOPMENT ANALYST MERIDIAN PUBLIC WORKS DEPARTMENT 660 E. WATERTOWER SUITE 20O MERIDIAN, IDAHO 83642 PH: (208) 898-5500 FAX: (208) 898-9551 CITY OF MERIDIAN WATER FACILITIES (METERI EASEMENT THIS INDENTURE, made this day of , 20 between lKimball Properties Limited Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water easement right-of--way across the premises and properly hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines and surface facilities to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines and facilities from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water facilities over and across the following described property: AN EASEMENT LOCATED IN PARCEL 6 OF RECORD OF SURVEY N0.7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 106042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59" E 5.00 FEET TO A POINT; THENCE N 00°08'01" E 8.00 FEET TO A POINT; THENCE S 89°51'59" E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28.00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; (SEE ATTACHED EXHIBIT A) 19496 Water facilities Easement The easement hereby granted is for the purpose of construction and operation of a water service and it's allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. G OR: Winston Moor , P STATE OF IDAHO } ss County of Ada ) 19496 Water facilities Easement • On this ~~ = day of ~ t~.~ , 20~, before me, the undersigned, a Notary Public in and for said State, persanally appeared Winston Moore known or identified to me to be a partner, of the Limited Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist •~,l,~,gye written. .,~ ~ SOyi~~ \.iA ~.t,10 ~J` i .'~ NOTARY '•: ? NOTARY PUBLIC FOR IDAHO * c ••~ ~ ~ _= Residing at:~,~ •L(~1.61~t.0 . ~'UBLIC ? ~ Commission Expires: h ( - l 3 ' Z-0 l~ GRANTEE: Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires:, 19496 Water facilities Easement 03/20/2007 04:48 FA% 2082880574 ~ STANLEY CONSULTANTS • I~j002 DESCRIPTION FQR MERIDIAN WATER FACILITIES (METER) EASEMENT MARCH 19, 2007 AN EASEMENT LOCATED IN PARCEL 6 OF RECORD OF SURVEY N0.7551 AS RECORDED AT THE ADA COUNTY RECORDER'S OFFICE, SAID PARCEL LOCATED IN THE SE 1/4 OF SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHEAST CORNER OF SECTION 17, T.3 N., R.1 E., B.M., THENCE N 56°25'37" W 760.04 FEET TO A POINT ON THE RIGHT OF WAY OF AN EXISTING CITY OF MERIDIAN WATER EASEMENT, INSTRUMENT NO. 906042307, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 00°08'01" E 20.00 FEET TO A POINT; THENCE S 89°51'59° E 5.00 FEET TO A POINT; THENCE N 00°OS'01A E 8.00 FEET TO A POINT; THENCE S 89°51'59° E 20.00 FEET TO A POINT; THENCE S 00°08'01" W 28.00 FEET TO A POINT; THENCE N 89°51'59" W 25.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; MICHAEL E_ MARKS, P.L.S. N0.4998 19496-WAT-METER EASE EXHIBIT "A" LINE TAB LE LINE LENGTH BEARING L-1 20.00 N 00.08'01'E L-2 SAO S 09'S159'E L-3 BAO p DO'~'01'E L-4 20A0 S 89'S1'S9'E L-5 28A0 S 00'08'OiN L-6 25A0 N 99'S1'S9'V 17 1s 1/4 CORNER ~ INTERSTATE--84 EASTBOUND OFF RAMP w f~ W 0 17 20 r' - - - - ---------L --- - I r-----------L----, 1 ~ I ~ I , I I I I I ~ I I EXISTING CITY OF MERIDIAN WATER MAIN i t ~ J~+ I i EASEMEM, 1NSTR. N0. 106042307 ~ I ~~ Z ~ ~/ I I o ~ I ; ; I N i i i i EXISTING ~ °m I I _____ I ~ DORADO ~ F .~~~ ,~ ~;-. ~ ~~ ~4 ~ ~ SUBDIVISION I ~~,~,~~~,tt~T .~ ~ ~I ~.~ PARCEL 6 ~ ~ ~ C ~.~, , ,~ ~ OF ROS N0. , , rt ,. I I I L- 6 ~ -~ ~ , , ~ ~ 7551 ; ~ ~~ ~~ I I I I ~~H ~ ! II .r' . ~I~ - I I ------ I \ ~S6> I I r-------J ~ ~~S• f L-------~ , ~6'O '\J'~ ~ i I I I ~ I I I I ~ I I ' ' \ ~ I I I I ~- - - 1/4 CORNER SECTION UNE S 89'46'18°W 2656.73' OVERLAND ROAD REVISIONS WATER FACILITIES (METER) EASEMENT IN PARCEL 6 OF ROS N0. 7551 AT EXISTING DORADO SUBDIVISION IN SE 1 /4 SECTION 17, T.3 N., R.1 E.,B.M ADA COUNTY, IDAHO )RAWN: MEM DATE: 01 /08/07 SCALE: t "=150' ~i ~. N of 0 zl W Z Z~ 0 NI °a s2' i 211121 Stanley Consultants N~~. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19496 March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ACRD ITEM NO. 5-$ REQUEST Approve Cooperative Agreement with Ada County Highway District for Roadway Construction/Water Facility Adjustments and Relocations for ACHD Project 806023.001, W. 1 st Street, Washington Avenue to Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached 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 property of the City of Meridian. • Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File C~ C~ MAR 2 0 ~1~07 City of Meridian City Clerk Office Date: March 20, 2007 Re: Proposed Agenda Item for August 22, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 27 City Council agenda, under Consent Agenda, for Counal's consideration: Coooerative Agreement with ACHD for Roadway Construction /Water Faalfir Adjustments ~ Relocations for ACHD Proiect 806023.001. W 1 ~` Street -Washington Avenue to Cherry Lane The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Cooperative Agreement with ACHD for Roadway Construction / Water Facility Adjustrnents 8 Relocations for ACHD Project 808023.001, W 1st Street - Washington Avenue to Cheny Lane, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • page 1 • AGREEMENT FOR: ROADWAY CONSTRUCTION /WATER FACILITY ADJUSTMENTS & RELOCATIONS W 1ST STREET -WASHINGTON AVENUE TO CHERRY LANE ACRD PROJECT N0.806023.001 THIS AGREEMENT made and entered into this ~~'day of n~rL- , 2007, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of rebuilding the roadway of West 1St Street between Washington Avenue and Cherry Lane, including water facility adjustments and relocations as detailed in Project Number 806023.001, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the adjustment and relocation of the water facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water facility design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; Page 1 ®f 5 • • d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade roadway. Centerline or offsets and MERIDIAN staking water facilities. control necessary for construction of the stationing shall be established prior to 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, Page 2 of r • compaction testing, and soils work required solely for the adjustment and relocation of the water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the adjustment and relocation of the water facilities or to the removal of any or all items from the Contract that are associated with the adjustment and relocation of the water facilities. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; Page 3 of 5 • h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY~ C~ ~. ~ ~ ~ By: Susan Slaughter William J. Sc ei Senior Administrative Assistant Director ATTEST: ,,,,,,,,,,,,~ \y11, jf 6 CITY OF MERI IAN eBl~~s atit`1\ ~ ~~ >~ ~ ~•a:r B ~ ~ ® y. ~ William G. Berg,~lr. T~nmy d erd City Clerk ~, ~ Mayor • ~ ~ .~ f/,~f~fllllOt 459~~1'11\\\\~` ~r~IG' / 3-2?-07 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this l ~~ day of ~ c .,a~~. , 2007, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person Page 4 of 5 • who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '~yr: SOT p$ ~, : "A y ® ~.~ ~ ~ -?~°ea 1' U B ~~'~ O , •'••~ ~'E ®F 19 po ~~~.___ ~ C~.. Notary Public for Idaho Residing at i~-Y,,;a.~ ,Idaho My commission expires: ~ _~ _ Z ~ ~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~ }( °+~° day of ~- 2007, before me, the undersigned, personally appeared TAMMY EWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. J~'ICi.~I/s?b~ 1~--~ Notary Public for Idaho Residing at f "~ ~.e ~ 1~~, ,Idaho My commission expires: lD-lam Page 5 of 5 L J March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 AZ 05-057 & RZ 05-019 APPLICANT Red Cliff Development, LLC ITEM NO. 5-T REQUEST Development Agreement-AZ 05-057 Request for Annexation & Zoning of 17.25 acres fror RUT 8~ R1 to R-8, R-15 8~ C-G zones for Bienville Square Sub-RZ 05-019 Request for a Rezone of 10.05 acres from C-G to R-8, R-15 8~ C-G zones for Bienville Square Subdivision - 2923 North 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: Emailed: COMMENTS See Attached Development Agreement Date: Phone: Jiait InlTlalS: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J.~D NAVARRO AMOUNT .00 74 BOISE IDAHO 03/29107 01:49 PM DEPUTY Neava Haney III I'II'I'I'I'lll'll'II'IIIII~I'll'II RECORDED-REQUEST OF Meridian City 1 ~7E144347 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Mason Creek LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of~ Ali~~ , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Mason Creek, LLC, whose address is 2060 South Eagle Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and zoning of the Property's describedr in Exhibit A, and has requested a designation of R-8 (Medium Density Residential), R-15 (Medium High Density Residential and C-G (General Commercial), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVII..LE SQUARE SUBDIVISION PAGE 1 OF 12 • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Properly held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2nd day of May, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 2 OF 12 • • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Mason Creek LLC, whose address is 2060 South Eagle Road, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential), R-15 (Medium High Density Residential and C-G (General Commercial), attached hereto and by this reference incorporated herein as if set forth at length. 4. U5E5 PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2 and 11-2B-2 which are herein specified as follows: Construction and development of up to 54 Single Family Residential lots, 22 Multi Family Residential lots, l4 common lots and up to 7 commerciaUoffice lots (to include up to 65,000 square feet of retail/restaurant/and office uses in the proposed C-G zone) pertinent to AZ-OS-057, PP-OS-059, RZ-OS-Ol9, PS-OS-002 and CUP-OS-052 applications. Part of the 28.48 acre site was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). a'he DA, instrument no. 104107406, requires that any future use be approved either though DEVELOPMENT AGREEMENT (AZ OS-057 8r. RZ OS-019) BIENVILLE SQUARE SUBDIVISION PAGE 3 OF 12 a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for informational purposes. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated February 13, 2006, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. Except for the single family lots, all future buildings on this site shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: The site has an existing development agreement Instrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. 2. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 4. That the applicant be responsible for all costs associated with the sewer and water service extension. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 4 OF 12 • • 5. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6. That the maximum square footage of the C-G portion of the project shall not exceed a 20% increase or decrease of 54,000 sq. ft. for a mininnum of 43,200 sq. ft. and a maximum of 65,000 sq. ft. That the maximum square footage of one single building in the C-G portion of the project shall not exceed 32,500 square feet, which is approximately 1/z of the maximum allowable commercial square feet on this property. 7. That prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commerciaUoffice lots should include either a permanent easement or be redesigned to include landscaping in common lots. 8. The applicant has committed a plan to provide a pathway with specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on April 4, 2006. 9. The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. The elevations shall be in substantial conformance to the elevations presented at the Apri118, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. 10. The elevations for the commerciaVoffice buildings shall substantially comply with the elevations submitted by the applicant at the April 18, 2006 hearing. Further, the applicant shall coordinate with the developer of S adie Creek Promenade to create a unified appearance throughout both projects. 11. The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 5 OF 12 • 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners/Developers heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developerfails to cure such failure within six (6) months of such notice. 9. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 10. DEFAULT: 10.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDIVISION PAGE 6 OF 12 • remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIIZEMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 7 OF 12 • 14. SURETY OF PERFORMANCE: The City may require irrevocable letters of credit, cash deposits, certified check as allowed under Meridian City Code Section 11-5-C, to insure installation of any unfinished improvements that are not in conflict with Section 15 of this Agreement. At the City's sole discretion the Owner/Developer agrees to provide surety in the form as required by the City, if necessary. 15. CERTIFICATES OF OCCUPANCY: 15.1 For Residential Developments or for the Residential Phases of Mixed Use Developments: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements within each phase are installed, completed and accepted. Improvements are defined as those expressly noted in the Conditions of Approval for this development, and all others required by Code. 15.2 For Commercial Developments or for the Commercial Portions of Mixed Use Developments: The Owner/Developer agrees that no Certificates of Occupancy will be issued on any commercial parcel until all life safety, health, and irrigation improvements are completed. Temporary Certificates of Occupancy may be issued by the City on any commercial parcel in which the required improvements have not been installed, completed, and accepted by the City, if the Owner/Developer provides surety pursuant to Section 14 of this agreement. The Owner/Developer agrees that no Permanent Certificates of Occupancy will be issued until all improvements on each commercial parcel are installed, completed and accepted. Improvements are defined as those expressly noted in the Conditions of Approval for this development, and all others required by Code. 16. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDIVISION PAGE 8 OF 12 • 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Mason Creek, LLC 2060 South Eagle Road Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIlV~ IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner DEVELOPMENT AGREEMENT (AZ OS-057 &. RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 9 OF 12 and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhas fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-057 & RZ OS-019) BIENVILLE SQUARE SUBDIVISION PAGE 10 OF 12 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER MASON CREEK, LLC -.-_.~ BY: CORY S anaging Member CITY OF MERIDIAN ATTEST: ~~-. CITY CLERK BY: MAYOR T de WEERD ~~~°v~cL ~a~ G~i~j ~~~~C 3-21-07 ~~~~~~~~~! a urrerrr~P® <,~ ~ ~~ ®® .. ~l~.a e 0 ', ~ ~~, ~ 4 r ~ ~~ 1~-t , ~~~ DEVELOPMENT AGREEMENT (AZ OS-057 & RZ 05-019) BIENVILLE SQUARE SUBDIVISION PAGE 11 OF 12 STATE OF IDAHO, ) ss County of Ada, ) On this day of ~. 2007, before me, the undersigned, a Notary Public m and for said State, personally appeared CORY SWAIN, known or identified to me to be the Managing Member of Mason Creek LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. \\~~`~~~~~p~HY ~AqT~~~ (SEAL) ;' NOTARY':. *' _ °•~ :* ~'UBLIC ._ STATE OF IDAHO ) ss County of Ada ) --- N ary Pub ' ~fo • daho` -~~ ._~ ~~ Residing at: ~'~2~~1 --y~-l.(%~P My Commission Expires: MISSION EXPIRES ENDED TNRU NOTARY PUBLIC UNDERVyIOTER$ On this ~~~~ day of ~ lti`~ C'`~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DBBSOBtos (SEAL) ; ~ ~ ; Notary Public for Idaho -~ ,` o Residing at: ~'Y1.P (~~ ~ _ ~~ s~.,~~,; •~•" Commission expires: (D ~ / ~- /~ cif •~ DEVELOPMENT AGREEMENT (AZ OS-057 & RZ OS-019) BIENVILLE SQUARE SUBDMSION PAGE 12 OF 12 • DESCRIPTION FOR BIENV}LLE SQUARE SUBDIVIS}ON ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N,, R. 1 E., B.M., THENCE S 00°00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNINC9 OF THIS DESCRIPTION; THENCE S 00°00'00" E 691,06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00° W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18° W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET TO A POINT; THENCE S 77°26'30p W 667.38 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87°06'00" E 335.19 FEET TO A POINT; ®V~- BY THENCE N 77°06'00" E 267.75 FEET TO A POINT; MAR 0 9 2007 THENCE S 79°07'00" E 319.00 FEET TO A POINT; THENCE N 89°54'00° E 200.00 FEET TO A POINT; THENCE S 64°11'00" E 79.87 FEET TO A POINT; THENCE S 83°54'00° E 144.00 FEET TO THE REAL POINT OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MC BIENVILLE-ANNEX ~~ ®E~'fG r DESCRIPTION FOR BIENVILLE SQUARE SUBDMSION R8 ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY N0.6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'009 W 567,57 FEET TO A POINT; THENCE N 71°28'10"W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71 °28'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.,35 FEET TO A POINT; THENCE S 72°35'42" E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50..00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43° E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'S3fl W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A BIENVILL~-R-8 • • TANGENT OF 103,81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11°16'08" E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50,00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148,60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.,00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.,96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300,00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18,12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46,98 FEET AND A CHORD BEARING N 08°49'36" E 92,84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. ®VAL BY MAC 0 92007 SERI ®UBLIC BIEN~ILLE R-8 • DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C-G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO.. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T, 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 96$.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'OOL W 78,21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 213..51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 786.75 FEET; THENCE S 83°54'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. RE~lI OVA. BY a ~ 2007 'it~N PUBLIC ~S pEPT. BIENVILLE-COIVA~IERCIAL • • DESCRIPTION FOR BiENViLLE SQUARE SUBDIVISION R15 ZONE MARCH 9, 2007 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION ;, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, 1DAH0, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N.., R. 9 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20" W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIV}SIGN: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEETALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171,74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575,00 FEET, A DELTA ANGLE OF 20°28'02°, A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01°02'08" E 204,.31 FEET TO A POINT OF TANGENCY; THENCE N 11 ° 16'08° E 53.21 FEET TO A POINT OF CURVATURE; BIENVILLE-R-15 f, n THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625,00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117,49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21 `123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.,81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11,96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'OS", A TANGENT OF 46.9$ FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71°28'10" E 609.64 FEET TO A POINT; THENCE S 83°54'00" E 133.56 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. ®i/AI~ BY MAR 0 9 2007 MERID Pu13LIC WORI<s ®E~-r. BIENVILLE-R 15 • • USTICK ROAD 32 33 5 r4 i ~ ~ i ~ i UNPLATTED ~ ~~, i `~ i i ~~'`- ~",• i ~~ o _ N ~ ~ PREVIOUS ANNEXATION ~ ~° > i ~ ° 0o E s 79. ~~ ~o i'°Q m ~ N 87'06'00"E P1 77 75' _31g. DOE ~r°p~ cn ~ Zg7. .,^_~._~.~,,,,pOp N $9"54 00"E I .._.. ,]L ~ ~: __ ~::::~,~_~_.:.~.~... ~~.T_..._. 200.00' ~,r , 335.19 .,,,~: = _.-~_-<-_.- ..__._............_.._.....___......_._._..._.__.._....____.... ._..._......_._.......,;_......._...._........__.._...... Q ~ ..._...._ _ ......._..._..__..._....._.._~ .M _..__..__......... _.._._. _..._ _ __._~......_-.:..____ . J ......._.._..........__............_.........._._._...._.._......_ ~.......__.._.. u~ ~ ~~:.:_;•;~::;~>-•-=;~-~:~--_=-~•__-;::;_;-~~::;:r::~~::::::: =:-~;;.~~:.=:: mac:--._.~.;_=-~- ===;;;= ~:._~-~.~::==:'.' .-:~:::.::......_...~..........._. ____..~....____.._......_............___._.._r____. „, .. .~...._._._..____....._ ~:: max^.:::::;:::._:. ....___._._...~_........~~.__..~.___._..-- ~ ~~ . -- ~,~ ~~~~ CAROL'S SUBDIVISION ~ / ~~ i --- 78 21' I N 90"00'00° Vd ~aR o ~ ~oa7 ~, ERIDI Pl~~k~0~: 6~KS ~E J (/} R~ 131/05 ANNEXATION EXHIBIT FOR ~ / BIENVILLE SQUARE SUBDIVISION `~ LOCATED IN THE NE 1 /4 OF SECTION 5, Si~nley Comsul#ants ~. 1940 S. BONITO WAY TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. sufTE 140 ADA COUNTY, IDAHO MERfDIAN, 1DA~tO 83642 ~ 208--288--0573 a BRAWN: MEM DATE: 10/20/05 SCALE 1= 300' J4B N0. BfENVILLE • USTICK ROAD 32 33 N JL J N 2 ~ REVIS{ONS a MEM REZONE EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1 /4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, B. M_ ADA COUNTY, IDAHO DATE_ 03/08/07 SCALE: 1= 300' LINE TABLE LINE LENGTH BEARING L-1 41.56' N 75'44'02" W l-2 148.60' N 89'22'40° W L-3 111.52' S 10'01'28° E L-4 53.21' S 11'16'08° W L-5 171.74' S 09'11'53" E L-6 105.87' S 8922'40° E L-7 132.52' S 00'37'20" W Stanley Consultants ~L 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19281 {18801) Z O ~_ M Q N l `~ ~ l °~ o o ° ~ Z U I 5 I4 UNPLATTED ~~ 26 ` N 7 803 90, `o r ~ 28'0,. U~, C- -2 C~ 896 ~ 567.57' w N 83'54. ° + 133 56 '~ +00 W -° 434.01 °o 0 O PROPOSED ~ BIENVI E SQUARE SUBDIVISION RS ZONE R15 ZONE M ~ _ 0 ~ ~ 10.11 AC_ ~ 10.03 AC o ^ C G Z NE ~ ~ 8.73 AC ~ ~ ~ ~ ~ Q W 1 L-6 c' '>>~ ~__ 11 -... N ~2 3 3~\ ~ ~'J/ !, 59.4,+6 66 6~3Q" w ~V 72'24'04'° W ~~ c',c' g 77° 221 28' A° ~ os s~, CAROL'S SUBDIVISION '~~ 78.21 N 90°00 00° W CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C-1 93.21' 300.00' 17'48'08° 46 98' N 08'49'36" E 92$4' C-2 1813' 300.00' 3'27'42° 9.07' S 15'59'49" W 18.12' C-3 23.81' 100.00' 13'38'38° 11.96' S 82°33'21° E 23.76' C-4 69.25' 50.00' 79'21'12° 41.48' N 49'42'04° W 63.85' C-5 23228' 625.00' 21'17'37° 117.49' N 00'37'20° E 230.94' C-fi 205.40' 575.00' 20'28'02° 103.81' S 01'02'08° W 204.31' C-7 87.17' 50.00' 99"49'13" 59.40' N 40'42'43" E 76.50' • DESCRIPTION FOR NORTH PARCEL BIENVILLE SQUARE ANNEXATION MARCH 22, 2007 A PARCEL OF LAND BEING A PORTION OF PARCEL "D" OF RECORD OF SURVEY N0. 6418 AND ROAD RIGHT OF WAY, LOCATED IN THE NE'/4 OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 277.57 FEET ALONG SAID EAST LINE TO A POINT; THENCE N 83°54'00" W 144.00 FEET TO A POINT; THENCE N 64°11'00" W 79.87 FEET TO A POINT; THENCE S 89°54'00" W 200.00 FEET TO A POINT; THENCE N 79°07'00" W 319.00 FEET TO A POINT; THENCE S 77°06'00" W 267.75 FEET TO A POINT; THENCE S 87°06'00" W 335.19 FEET TO A POINT ON THE EASTERLY BOUNDARY OF CAROL'S SUBDIVISION N0.2; THENCE N 00°15'11" W 560.14 FEET ALONG SAID BOUNDARY TO A POINT; THENCE S 71°28'10" E $03.90 FEET TO A POINT; THENCE S 83°54'00" E 567.57 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10,43 ACRES, MORE OR~LESS. 19281-NORM-PARCEL • USTICK ROAD 32 33 ~ ~ 5 i4 i i UNPLATTED I ~ ...:. ~~~. -~ ... s ~~ 28' . o i~ i r rr ..... . ..,14 ~~0, E• i ~ 1• r '~'` ~~ ..'~,. S 83 5400" E i I w ~ ~ ............. .. .... ...... ..... ... . o o ~ ~ . .. ............ . o .. ~ ............ •.. ~ . r ... ........... ...... r .... 335.19' ,~ 26 Op~W N 79'07' 200.00 ••.:..~~. i Uy ~ S 8T06'00 W g 7 ° S 89°54°00.W ~~ +•I~ J ~~ ••°6'°00~ ~,iN BIENVILLE SQUARE SUBDIVISiON~~ MIS v z~ ° ANNEXATION Z Z+ ! ~ 18 438 AC ~ ~~ r ~ I ~'rr~'``~ ~ 1 N ~ ?33 J~`•r"'~• ~ : p W N 72"24'04" W~~ ~ 111 23S• 5 ~ 221 28' A ~ 1 ~2. w CAROL'S SUBDIVISION os~ ~ ~ 78 21' I N 90"00 00" W I I I O w ca ~w m z ~ REVISIONS ANNEXATION EXHIBIT FOR ~~ z 10/31/05 BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1 /4 OF SECTION 5, gtanley Consultants ~N~. 1940 S BON1T0 WAY TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. sulrE 140 ADA COUNTY, IDAHO MERIDIAN. IDAHO 83642 208-288-0573 DRAWN: MEM DATE: 03/22/07 SCALE: 1= 300' JOB N0. 1928] FBECEAVED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA~V AND DECISION & ORDER ~~ 2 20 ~- ~rg~., _ ~~°.,.~p~ 4 ~ p i~~`~ s `, ~ ~~ t ~.:: ``~ s~;z ; .~-- - .~ 9q'" In the Matter of Annexation and Zoning of 18.43 acres AND Rezone of 10.05 acres to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C-G (General Commercial) AND Preliminary Plat Approval for 54 single family residential lots, 22 multi-family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres AND CUP-05-052 -Conditional Use Permit for mixed use development within 300-feet of a residence AND PS-06-002 for a Private Street to provide frontage to Multi-Family units, For Bienville Subdivision by Red Cliff Development Inc. Case No(s). AZ-05-057, PP-OS-059, RZ-05-019, PS-05-002 and CUP-05-052 For the City Council Hearing Date of: May 2, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) 4. Required. Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~c ORDER CASE NO(S). AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002 and CUP-OS-052- PAGE 1 of 4 • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 2, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REMISED February 13, 2006 is hereby conditionally approved; and, 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated Submitted and REMISED February 13, 2006 is herby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached .Staff Report for the hearing date of May 2, 2006 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, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002 and CUP-OS-052- PAGE 2 of 4 • • and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 2, 2006 By action of the City Council at its regular meeting held on the ~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002 and CUP-OS-052- PAGE 3 of 4 • ~,~F~11kY~SS7f4?kgASf,~a. e „i ATTEST: w-.' . '~:==~i tea:. '~~~. WILLIAM G. BERG, JR., C CLERK$ ~<~v"y~yR~~' ~j .~ "`~ _ -"u a Copy served upon: ~ Applicant __~~ Planning Department Public Works Department City Attorney BY~ Dated: ~-~-C~~O i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002 and CUP-OS-052- PAGE 4 of 4 r~ L CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 ~;~~ ~w f f `~ STAFF REPORT Hearing Date: May 2, 2006 ;,-,~. ;~ 4~I~ ~~'-; y i. _~ ,. City Council Hearing Dates: April 18, 2006 ~-~~~~ ~~ ,, ;,, Continued from: March 14, 2006 `~&•~~~~ }~ `°~,~. ~} ~sw Planning & Zoning Commission Hearing Dates: February 16, 2006 1 ~f~rr` ~ ~"~ Continued from: February 2, 2006 '~` Continued from: January 5, 2006 TO: Meridian City Council FROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Bienville Square Subdivision. All applications are for Bienville Square Subdivision by Red Cliff Development, Inc. AZ-OS-057 -Annexation and Zoning of 18.43 acres from RUT and Rl to R-8 (Medium Density Residential), R-15 (Medium High Density Residential) and C- G (General Commercial). RZ-OS-019 -Rezone of 10.05 acres of C-G (General Commercial) to R-8 (Medium Density Residential) and R-15 (Medium High Density Residential). PP-OS-059 -Preliminary plat for 54 single family residential lots, 22 multi- family residential lots, 14 common lots, and 7 commercial lots on 27.30 acres. CUP-OS-052 -Conditional Use Permit for mixed use development within 300- feet of a residence. PS-OS-002 -Private Street for providing frontage to multi-family site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Red Cliff Development, INC, is requesting approval of a Preliminary plat with a Conditional Use Permit (CUP) to construct retaiUrestaurant/and office uses as well as a mixture of attached, detached and alley-accessed residences on approximately 27.36 acres within the Bienville Square Subdivision development located approximately 1/a mile south of the southwest corner of Ustick Road and Eagle Road/SH-55. A portion of the subject property was in the Kissler, Cobb, Eagy annexation project AZ-03-018 and a corresponding Development Agreement (DA). (Similazly, a portion of the Sadie Creek Promenade Subdivision project immediately north of this site was also in that annexation application.) The DA (Instrument No. 104107406) requires that any future use be approved either through a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for information purposes (not for formal approval). The overall design of the site is paramount on City Council and ITD approval of the Eagle Road approach. However, if the applicant is unsuccessful in obtaining an approach, Staff feels the proposed conditions and an amended Development Agreement for the 27.36 acres could sufficiently address interconnectivity issues associated with development of the site. Currently the Sadie Creek Promenade Subdivision property to the north provides one public street access to Ustick Road, and staff is proposing cross access to the two other approved Ustick Road approaches. Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2. SUMMARY RECOM1VlENDATION History: On December 8, 2005, the Commission continued the Sadie Creek Promenade project to the January 5, 2006 hearing in order to discuss both the subject property and the Sadie Creek Promenade property at one time. The original intent was to have a full hearing of both prof ects at that time and to address issues common to both development proposals. On January 5, 2005 the Commission voted to table the item at the applicant's request until the February 2, 2006 hearing. The applicant was considering redesigning the site, but has instead decided to proceed with the original configuration as advertised for the public hearing; therefore no changes to the site layout were proposed prior to February 2, 2006. On February 13, 2006 the applicant submitted a revised master plan reflecting the Planning Commission discussion of February 2, 2006. Staff supports the revised design as submitted which includes open vision fencing along the Finch Lateral as the applicant is no longer proposing to the the ditch as submitted for the February 16, 2006 hearing date. The Commission has noted that the applicant has submitted a Variance application and has made recommendation that the site plan dated February 13, 2006 be approved as submitted with approval of the variance request. The Variance request proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access driveway. Idaho Transportation Department approach permits on this site. The Variance application pertains only to the right-in/right-ou paccess~lying approximately 1,300 feet south of Ustick Road. Staff is recommending approval with conditions of the subject applications (AZ-OS-057, PP-OS-059, RZ- OS-019, PS-OS-002 and CUP-OS-052). Staff is recommending denial of the variance application (VAR- OS-023) The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Bob Unger, Red Cliff Development ii. In opposition/commenting: Billy I~norpp, 2972 Leslie Drive -Opposed to increased traffic Steve Grant 1534 Leslie -wanted masonry fence on west property boundary. Candy Seeley 1567 North Leslie Way- Fencing and change Multi-family to office. Linda Morns. 1374 Leslie Way -Fencing and pathway issues Betty Rosso 2832 Leslie Drive -Canal tiling; multifamily, traffic David Thurston. 1470 Leslie Way -Canal and imgation iii. Staffpresenting application: Joe Guenther, Associate iv. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. -Eagle Road Access; ii. -Perimeter buffers including landscaping, screening, elevations, pathways, canals and fencing material; iii. -Cross access requirement to other properties to the north c. Key Commission Changes to Staff Recommendation: i. -Revise Condition 1.1.16 to read that Eagle Road access is essential and a full access at the % mile is preferred. ii. Revise Condition 1.1.4 to read that no changes to the landscaping along Eagle Road are required.. d. Outstanding Issue(s) for City Council: Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-05-052/RZ-OS-019/PS-OS-002 Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 i. Eagle Road access conditioning in this report has not changed with the Planning Commission Recommendation. Planning Staff is recommending denial of the access point to Eagle Road and to maintain consistency with Staffs recommendation the staff report dated March 14, 2006 has not been altered with respect to modifications to the Eagle Road right of way. ii. The Planning Commission made a recommendation based on the site design dated February 13, 2006. The Commission requested that if the City Council Denies the Variance then the site design dated February 13, 2006 be remanded to the Commission in order to make a revised recommendation on a site plan showing no access to Eagle Road. Staffrecommended approval of the subject applications (AZ-OS-057/PP-OS-059/RZ-OS-019/PS-OS-002 and CUP-OS-052) with the conditions noted in this report and denial of the access variance VAR-OS-023 to the Planning Commission on February 16, 2006. PROPOSED MOTIONS (to be considered after the public hearing) Approve-Project After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 as presented in Staff Report for the hearing date of May 2, 2006 with the following modifications: (Add any proposed modifications.) Deny-Variance After considering all staff, applicant and public testimony, I move to deny File Numbers VAR- OS-023 as presented in the Staff Report for the hearing date of May 2, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ- OS-057/I'P-OS-059/RZ-OS-019/PS-OS-002/CUP-OS-052 and VAR-OS-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW corner of Ustick Road and Eagle Road/SH55 Township 3N, Range lE, Section 5 b. Owners Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 John Ewing 1500 El Dorado Street, Suite 4 Boise Id 83704 c. Applicant: Red Cliff Development, INC 2060 South Eagle Road Meridian Id 83624 d. Representative: Ashley Ford, WRG Design,lNC Bienville Square Subdivision AZ-OS-057/PP-05-059/CUP-OS-O52/RZ-OS-019/PS-OS-002 Page 3 \J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 e. Present Zoning: General Retail and Commercial (C-G), Meridian, RUT-Rl-Ada County f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Stanley Consultants) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. h. Applicant's StatemenbJustification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RetaiURestaurant/ OfficelDrive through and other Commercial uses oriented around automobile traffic, the rear portions of the site are designed around transitional uses of a mix of single-family detached units and multi-family residential units. The applicant notes that the site is an ideal location for a retaiUresidential complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor, and develop the new public street to improve traffic movement in the area. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning (including rezones) as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use /planned development 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 City Council on this matter. d. Newspaper notifications published on: Council -December 19 and January 2, 2005 e. Radius notices mailed to properties within 300 feet on: Council -December 19, 2005 f. Applicant posted notice on site by: December 26, 2005 5. LAND USE a. Existing Land Use(s): Bare land, two single family residences. b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning 1. North: Future pad sites within Sadie Creek Promenade proposal zoned C-G and Ada County Rl . 2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 3. South: Residential Subdivision zoned Meridian City R-2 and Ada County Rl 4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05!02/06 Road. d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. The 18.43 acre out parcel immediately south of the C-G site is included with this project. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road/Sadie Creek Promenade Location of water: Extension of mains in Ustick Road/Sadie Creek Promenade Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazazds: None identified 6. Size of Property: 27.3 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated pazking and landscape improvements along Eagle Road. Attached townhouse and single family residential, front accessed and alley accessed products. f. Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 54 single-family residential lots of which 20 units with street side garages along the western property line are located in Block 2 (lots 20-40) which are in the 6,000 to 8,000 squaze foot range. The 34 alley accessed homes are located in Block 3 and are approximately 4,500 square foot in area. These lots are designed to meet the minimuYn standazds of the R-8 district. The submitted plat also includes 221ots in an R-15 proposed zone. These R-15 products are designed around a modified townhouse design and each building would be contained on a lot with potential for a future condominium plat on the individual units. The applicant has included a clubhouse and additional pazking contained in common lots. The submitted plat also contains seven lots in a C-G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail and office spaces with two approximate 12,000 square-foot buildings and five approximate 6,000 square-foot buildings. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet L1.1) proposes a 35-foot wide buffer along Eagle Road. If the applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the landscaping standards required, in the UDC. 2. Width of buffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer between commercial uses on C-G-zoned land and residential uses. The properties to the west are zoned R-2 (City of Meridian) and Rl (Ada County), and are currently residential. Lots adjacent to the site on the west and south as shown on the landscape/site plan shall include a ZS-foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.3 acres or 16.4 percent and applied as an additional amenity. This calculation should be reduced to not include any landscape buffers. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 4. Other landscaping standards: The landscape buffer along Eagle Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: To be determined, 44,000 square feet shown 2. Proposed building height: 65 feet, or C-G standards 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: 3.53 acres, 12.9% 5. Percentage of site devoted to paving: Not defined. 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant is providing a clubhouse in Lot 12 Block 1, recreational facilities in Lot 20 Block 2 and additional open space for the residential amenities. The applicant is also proposing a water feature in the turnabout in Block 6. k. Off-Street Parking (residential uses) -provided within the R-15, to meet the multi-family standards set forth in UDC 11-4-3.27 1. Proposed and Required. Residential Standards - R-8 and R-15 bulls standards apply as found in UDC 11-2A. R-8 (Standards) Setbacks ('gall streets local) Proposed Req~~ Front Living Area 15 15 Side Accessed Garage 15 15 Front Accessed Garage 20 ZO Street side 15 15 Side 4 4 Rear 12 12 Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Frontage-alley loaded 45 40 Frontage-garage fronted 60 50 Lot Size-alley loaded 4,630 4,000 Lot Size-garage fronted 6,023 5,000 Lot Size- Corner 5,188 5,000 R-15 (Standards) Setbacks (*all streets local) Proposed Required Front Living Area 10 10 Front Accessed Garage 20 20 Street side 20 20 Side 4 4 Rear 12 12 Frontage 20 0 Lot Size 8,424 2,400 Maximum building height 40 40 m. Proposed and Required Non-Residential Parking -One off-street parking space required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading area (per UDC 11-3C-8). The proposed total building floor area is 40,000 s.f., which requires 80 parking spaces. The total number of parking spaces has not been calculated. This maybe addressed during detailed CUP review and building design review but the design appears to meet the minimum standards of the UDC parking requirements. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one new access point to Eagle Road/SH55 to serve the Bienville Square project at approximately 1,000 feet south of the Ustick/Eagle Intersection. As noted previously, ITD must issue aright-in/right-out permit for this access, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by ]TD at a point to be determined by ACRD. This project will connect with Sadie Creek Avenue, a proposed public street connecting to Ustick Road through the Sadie Creek property, to meet the frontage road requirement and possibly connect to Eagle Road. In addition, the applicant will be required. to connect to and provide cross access to the three new access points to Ustick Road at the following locations in the proposed Sadie Creek Promenade Subdivision applications: ^ Driveway #1 - 400 feet west of Eagle (right-in/right-out with center median) ^ Driveway #2 - 600 feet west of Eagle (full access) ^ Driveway #3 -1,100 feet west of Eagle (full access public street (Sadie Creek Avenue) with proposed traffic signal) Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to S lanes. The intersection was widened to include dual left turn lanes. The applicant's CUP site plan shows a connection with the new public, commercial street extending south of Ustick Road, beginning approximately % mile west of Eagle Road/SH55. The preliminary plat (Sheet 1) shows this roadway (Sadie Creek Avenue) as a 50-foot street section, continuing as a public street in a loop design around the R-8 development with private streets providing frontage for the townhouse development. The area (Kissler Annexation site) concept plan shows the road connecting to the property south of the site with a looped design and possible connection to Eagle Road through this site. The area plan shows private, internal driveways connecting to this public street; such driveways run mostly north south connecting Sadie Creek Avenue to Ustick Road. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On October 28~' 2005, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area. that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City sef-vices to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manneY~ • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff ys Office. Once annexed the lands will be serviced by the Meridian Police Department (N1PD). • The roadways adjacent to the subject Zands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 • The subject lands are currently serviced by the Meridian Library District. This sef vice will not change and the Meridian LibYaYy DistYict should suffeY no revenue loss as a result of the subject annexation. Municipal, fee-suppoYted, services will be pYOVided by the Meridian Building Department, the Meridian Public YYot-ks Department, the McYidian WateY Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use Map. Although strictly commercial uses have not been specifically planned for this property on the Comprehensive Plan Future Land Use Map and through the Development Agreement from the annexation, the overall site plan when combined with the proposed Sadie Creek Promenade Subdivision meets the general classifications for mixed use regional. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is proposing access from the adjoining commercial areas from micropaths, sidewalks and shared streets which will provide future connection to residential areas west of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACFID evaluates access points in their analysis; no direct lot access is allowed to any of the arterial/collector roadways. The proposed access points to the arterial streets generally comply with ACM's standards. Please see the AChID staff report and Exhibit B for the conditions from AChID. This site does not front on an ACLID controlled arterial road although Sadie Creek Avenue provides a collector system for the internal circulation of residents. 7'he Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for a wide variety of uses. North of the site is planned for commercial uses, east of the site are proposed commercial Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 developments also tied in with this project by development agreement, and west and south of the site are very low density uses and expected to continue these uses as per the Comps-ehensive Plan FutuYe Land Use Map. The pYOject pYOVides a transition fYOm the intense commercial uses along Eagle and Ustick Roads into a mix of residential densities from the C-G District to the R-8 and R-1 S Districts. The applicants have included Yesidential to residential use buffers along the south and west boundaries as well as additional open spaces along the commercial corridors by providing amenities and open spaces. • Chapter VII, Goal lV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent arterial streets. By ordinance, a minimum 2S foot wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada, County. The capacity of this arterial should be protected by minimiTing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, page 71) • "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). ^ "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail and Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 constitute strip commercial development and encourage clustering of commercial development. a General Off-Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (SOO~quare feet of gross floor area. d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an entryway corridor (UsticklEagle Roads) are subject to the design standards listed in this section. e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along Federal and State Highways: Unified Development Code (iJDC) 11-3H-1, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." g. UDC 11-3H-4.B, Standards: Access to State Highway 55- "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." h. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 4. No new approaches directly accessing a state highway shall be allowed. 5. Public street connections to the state highway shall only-be allowed at: a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." i. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/RZ/CUP/PS applications appear to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-OS-057) Rezone (RZ-OS-019): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and fmdings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 10/24/2005 by Michael Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future 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. UDC 11-SB-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximity of existine and future residential uses staff believes that a Develo meat A Bement is necess to ensure that this ro is develo ed in a fashion that is consistent with the com rehensive lap desi ation and does not ne ativel im act nearb ro erties. Staff believes that the Development Agreement should include the following provisions: Prior Develo went Agreement• The site has an existing development agreement Instrument 1~To. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. Phasin Plan: Generally, the applicant anticipates the phasing plan to begin with the commercial lots near the Eagle Road intersection and then continue development to the south and east. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of this request but believes that some of the amenities proposed with the development should be constructed prior to the development build out. Therefore, that prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commerciaUoffice lots should include either a permanent easement or be redesigned to include landscaping in common lots. Fencing/pathwva: The applicant has committed a plan to provide a pathway with Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 specific fencing along the southern and western boundaries. The fencing plan shall be constructed as detailed at the public hearing on Apri14, 2006. Non-Residential Buildin s• The applicant has requested a maximum of 54,000 square feet of retaiUrestaurant/office spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (65,000) for more mazketable conditions. The maximum square footage of one single building shall not exceed %Z of the maximum request. Residential Buildings• The applicant has shown several elevations for both the alley acc~ecssed residential, condominium, and detached single family residential products. rSJta~t~S~1pF11'kC 1'114~i9-nl ti - l.,~t ..1.] 1 ~ .~ s ~ , ~~'~5~4'-~'1~-F,F1Ti to ~ •~' .•s~. .7 F r +l. at, T A The elevations shall be in substantial conformance to the elevations present April 18, 2006 hearing. These elevations shall have similaz modulation and treatments to the elevations presented to council as determined by the Planning Director. Pathwavs: The applicant shall coordinate with the Meridian Pazks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Finch Lateral. The applicant shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. 2. PP Application (PP-OS-059): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of the internal streets/drive aisles. The sidewalks may be detached from the curb with a 5-foot wide landscape strip. The proposed landscape strips do not include trees, only grass. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that the trees should be planted between the curb and the sidewalk to provide the pedestrians with cover and to make the streetscape more attractive. The width of the planter strip between the sidewalk and the curb should be increased to a minimum of 8-feet wide and include Class II trees. Since the applicant has submitted a plan which is conceptual in nature staff feels the sidewalk locations shall be made Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 consistent with the UDC including drive aisles which shall include at a minimum a 5' attached sidewalk or 4' detached sidewalk. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 25-foot wide landscape buffer is required between single-family homes and C-G zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 30-foot wide buffer between the single-family homes and the detached single family residential lots, as well as the commercial and multifamily lots on the landscape plan, but the buffer is not shown on the preliminary plat. The applicant should be required to create a 30-foot wide landscape buffer lot along the lots that abut the single-family lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. The pathway proposed shall be landscaped in accordance with UDC 11- 3B-12. See Exhibit B below. Landscape Street Buffers• Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road is classified as an Arterial Road. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Eagle road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots as per UDC 11-3B. See Exhibit B below. Commercial Streets: UDC 11-2B requires a 10-foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10-foot wide street buffer along both sides of W. Bourbon Street and Cajon Court. However, the street buffer easements aze not labeled on the plat. The applicant should be required. to depict the required 10- foot wide street buffer easements along local roads on the face of the final plat. Ditches. Laterals, and Canals• There are several imgation laterals that bisect this pazcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is-proposing to file all of the irrigation facilities located on site with the exception of the Finch Lateral. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (CTDC 11-3A-15). 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, a single point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. Fencing: The applicant is showing a six foot cedaz and block fence along the perimeter of the properly which would meet the standazds of the UDC. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporazy construction fencing to contain Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-O52/RZ-OS-019/PS-OS-002 Page 14 C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 debris must be installed. around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. The applicant has submitted a Yevised fencing Yequest as diYected by the Planning Commission on 2/2/06. The Yequest is foY a six foot open vision fence along the Finch LateYal and a composite fence along the southenz boundaYy. The Planning Commission appYOVed the Yedesigned fencing plan along the finch ZateYal and a consistent block fence along the westean pYOpeYty boundary with a consistent fence appYOVed in the Sadie Creek Subdivision pYOject. See Exhibit B below. Cross-access Internal• There are some commercial lots that do not have frontage on a public street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lots within the office and commercial portions of the subdivision to use the driveways and parking aisles. The site will be redesigned if not granted access to Eagle Road by the Meridian City Council and/or IT'D. The Commission has conditioned the Sadie Creek Project to provide at least one of the non-signalized access points to Ustick Road to be designed to serve as a commercial collector for interconnectivity to the north and south and vehicular movement in the north/south direction. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCRs. See Exhibit B below. Cross-access North• The applicant shall be required to provide cross access to the parcels north of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Eagle Road Access• The Idaho Transportation Department (TTD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one- halfmile intervals in urban areas. IT'D allows approaches (other than intersections) in special cases and on a temporary basis. The access point shown at approximately 1,000 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either I'TD or the Meridian Comprehensive Plan. However, the this property immediately south of the site has been developed by Ada County which makes a break in the area which does not allow for a frontage/backage road to be created on the south west side of Eagle and Ustick. The applicant has an open application with l'TD for the access to Eagle Road. 3. CUP Application (CUP-OS-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staffls interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road and the new road on west boundary) must still meet the other standards listed in 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02J06 following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying pazapet heights; and e) cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line, d) Color and Materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 2. Refuse/Service Area Screen: Neither the Site Plan or Landscape plan call-out how or if the refuse/service area on the west side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions aze fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must cleazly demonstrate how this standard is met. Cross Access: The property to the north will be providing two points of access for interconnectivity and is directly tied with the existing Development Agreement for providing a frontage road to Eagle Road. The applicant has provided a design consistent with two points of access, one point at Sadie Creek Avenue and the second point for the drive aisle approximately 700 feet west of the Ustick/Eagle intersection. There shall be cross access with a section designed to meet private street standards with the second point of access not designated as a public street. 4. Private Streets: The applicant is proposing to use Lot 1 Block 8 to provide future access N. Castille Street. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standazds are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets. See Exhibit B. The Meridian Fire and Police Departments aze requesting a minimum of 24' paved sections for alleys which shall not apply to the R-15 district as this would exceed the standards set forth by ACRD and the UDC. 5. Common/Onen Sbace• The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 16.4% of qualified open space in the residential district which meets the requirements of a minimum of 5% open space. 6. Multi-Use Pathwav: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan. The pathway shall be along the Finch Lateral in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID has a 40' easement upon which the Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 16 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 applicant is proposing to install the pathway. All NMID standard conditions shall be applied to this site and all pedestrian. access easements shall be enacted. Staff will require the applicant to construct or bond for improvements to the multi-use pathway prior to occupancy of any commercial building. The pathway connection is listed as an amenity to the residents and users of the site and will be essential for pedestrian connection from Ustick Road to Eagle Road. The pathway with the associated landscape standards will also buffer the future commercial uses and the transitional residential lot sizes to the existing large lot Ada County Subdivision which surrounds the site. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of the site. 7. Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: 11-3G-3C-1 -Quality of life amenities -Picnic azea/basketball court in Lot 10 Block 2 11-3G-3C-2 -Recreation amenities -Clubhouse, in Lot 12 Block 1, tennis courts in Lot 10 Block 2 11-3G-3C-3 -Bicycle circulation amenities -Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi-use Pathway along the Finch Lateral. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Bienville Squaze (Home or Business) Owners Association. The landscape azchitect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Variance Application (VAR-OS-022) the proposed access variance does not comply with the Unified Development Code or the Meridian Comprehensive plan. Please see the staff report for VAR-OS-023 for fiuther analysis. Listed below are various documents in the public record pertaining to this application. The relevant point within each document and an analysis of those points follows (staff's analysis in italics). For additional analysis, see the Variance Findings in the staffreport for VAR=OS-023 for the hearing date of Mazch 14, 2006. • Eagle Road Arterial Studv -Final Report (Avri120041 This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "I'fD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACFID has pYOVided thYee access points to the site which lie along the bYOadest dimension of the site. The depth of the site would pYeclude any access to Eagle Road which would consolidate the accesses to the new public street (Sadie CYeekAvenue) Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 17 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 or the approved approaches to Ustick Road. These approaches all lie within S70 feet of Ustick Road which would be an acceptable length of which commercial users would expect public road access. - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City s commitment to reducing the number of trips and potential accidents on Eagle Road. Traffic Accident Data Finally, to conclude staffls analysis, we obtained 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, Lanark and Fairview). Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE/FAIRVIEW 82 FAIRVIEW/LOCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 FAIRVIEW/RECORDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 28 MAI WFRANKLIN 23 EAGLE/OVERLAND 20 In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ//RZ/PP/CUP/PS applications substantially conform with the adopted DA, Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the building elevations be submitted in compliance with the entryway corridor standards, the access point to Eagle Road be eliminated and redesigned, and a private street section for cross access provided to the south be added to the preliminary plat in place of the proposed Eagle Road access. We recommend approval of the AZ/RZ/PP/CUP/PS application with the conditions shown in Exhibit B. 10. E~~ITS A. Drawings 1. REVISED Plat (by Red Cliff Development, no date -Stamped February 13, 2006) 2.Preliminary Plat (by Stanley Consultants, no date) 3. Landscape Plan (by The Land Group, dated October 13, 2005) 4. Site Plan (dated July 9, 2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 19 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. Sanitary Services 7. ACRD D. Required Findings from UDC - 1. Annexation 2. Rezone 3. Preliminary Plat 4. Conditional Use Permit 5. Private Street Bienville Square Subdivision AZ-OS-057/PP-OS-059/CUP-OS-052/RZ-OS-019/PS-OS-002 Page 20 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit Al: Amended Site Plan Dated February 13, 2006 (Red Cliff Development) F P~Y 1~161~~~F~s9~ 1 zya ~ ~~ ., ,~ _ ~_ ~ , .'~ J £~ 6' 8~ ,; ,_ ~ a1 e S # 5 its` ~~~ t ~ _, Y w S z w rA ~~~~_ ;C. `. 1 t ~s~ ffi 4~ ~~ U~ ~~. 1~''~ Bienville Square Subdivisiott Exhibit A Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 AZ Preliminary Plat 1(Stanley Consultants) No date ~~I~~ _ Bienville Square Subdivision Exhibit A Page 2 a ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 .. .~ ~ . ,: ( f+ f ~ q { i RC. Y ~ f ~ lR ~I.~J ii 4 _ j ~ ~ /~ __~ 1 } _ '{: ~ __ _r _ •• r<~`~ ~~ $~ -ice ~, ~~ ~. ~'F ~ I ^~ r!~ r { i ~ i, • ---- _ _ . ! 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M~09 0.1fi ~~T~r~y a~irab o~•K iV uy ~"~7 +~~ww Hat. ~ OCTOS8R2p$ ~ ~k IffiI lffi-l0A __ _.._.__ _. _..._ _.._ ~t ~~.~o°'°~•~+ W 6817 aY0SH Bienville Square Subdivision Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit A3: Landscape Plan L1.0 (The Land Group) Dated October 13, 2005 ~VS Y %~ 's zpp' F ro zi' ~ql d7«a d ~ a• _y ~ ~ 9 t" C O e t t ~ j e(I ~~ ~ ~ . .>~: m . ~.. r ~~ ~~ ~ ib { ~ ~+ ~~i i ~ ~ ~ ~ ~,~ '~~ ffii~i i a'~' i~i i ~ ~, i f w i~i ~ -s~ ~ ~i~i i i . c ~ i ~ i ~ ~i 6 i ,~ ~~ ~ ~ i i i 1~~ i ~ ilr i ~ ~ ~ ~ ~~~ i ~~t ~ ~~i ~ ~ r~i ~ ~~ ~ L~ ~ ~ rIi m ~ `,~ ~~I i t` h~ ;'~ ,~ Bienville Square Subdivision Exhibit A Page 4 ~ ¢' ~ c,'i{ga~ ~ f P} •E 9~1'!!i ~ i 8~~~~/~LL~ $QU}~II~E __~ _._ p¢1 _ ~`I~y4. _ -- - -- AAERfOWN, tDAH4 j '~(~ ';,~~~;' e • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02!06 Exhibit A3: Landscape Plan Ll.l(The Land Group) Dated October 13, 2005 9 ,f~r~ ~~y ~y ~9 2 i~9a ; 9 s~ i a a ~, ltd, ~ ~~~~i~! %e4~~ ~al~t~ ~t~ s ~~ _$~ s~ ~~~ ~~~ 9 dj f~~ t ; r ' $~g €° rtP7frrp~}f~~'jt9 ~§ A' ~~E Sd 4, ~ (~t ~~: .' `N 4 B1EiVVILLE SQUARE MERlDlAN, IDAHp pp~ A _~~. t' Y: aa3 i 6 6 d3 ~! ~ .~ -. ~..,~°' Bienville Square Subdivision Exhibit A Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 ExhibitA4: Site Plan - - -- ----- __ - _ - _ _-_ r.. _ lta : ~~-- ' . ~,. ~ _i ~ ~ ' ~~ ~ . { ~ ~ ~ ' "' ~~ i . --.,.., .. _ ... _ ~t !i ~„ ~~ ~ _ tt f rpm `,-. _~y~ ~ ~_ ~ ' ~ ~ ~ ~~ ~ _ ~1 ~ _ ~~ t ~ ~ ~ .. _ .. - _. _. 1 ~~ i ~I. r v~ _ ~ ~j t' I F 9~ i ~.i tom ~ ) ~ ~' ~~ ` ~= r E~ f ~ ' it ~` ~ ~ ' . '. ~, ry i .r"a ~~ i "' i jam. ~.. .j i 1. f i j JAi GI j~~l. ~ ~~ (ry~~i~ a~ .~._ ` ~ -- ~~ ~~I ~_~_ .~ ~ ~ ^ @ 9 1 @ E ~ ~_ # , 9 U ~ ~ ~' ~ n ~ W ,: ~ ~, `; ,. ~ ~ ~~ k__ ._ --- - __ ^I A4 ~ ~I. ;~ I i i _ t i .- } i Bienville Square Subdivision Exhibit A Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description -Subdivision DESCREPT60N FOR BIENVdLLE S~lUARE SUI~I~dYISION OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'I OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 9 EAST OF THE BOtSE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENC[NG AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N_, R. 1 E., B.M., THENCE S 00°00'QQ" E G77.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00° W 57.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 01 °14`39° W 974.96 FEET ALONG SAID RIGHT OF WAY TO A POINT; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING; THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04° W 221,28 FEET TO A POINT; THENCE S 77°26'30" W 667.38 FEET TO A POINT; THENCE N 72°35'42° W 233.35 FEET TO A POINT; THENCE N 00°15'11" W 1129.35 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE S 71 °28'10" E 803.90 FEET TO A POINT; THENCE S 83`54'00" E 590.21 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 27.36 ACRES, MORE OR LESS. SAL?(E-PARCEL A Bienville Square Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 _ _ _ USTiiv~ ROA® ~2 .~3 ~ + s u~Pt_ar~rt"a : ~°° ' S ~~ ~ Ct S B f~ _ L? Q ~°~ C 7 q.h •ti O f}~ :v 8? (lE!'tJD' E ~t 7~~ x''75 ; ;..... ~ S aC+~b~ N 89'4' E ~ ~~~ ~ .; . ~ 33519 -- ~ ~~ .~ '_"'~ a s:_.s, ~ "'~ ".we°' e ~ m _ ~~ ~~~ ~ .~~ ~ ~ ~~ a 3" >F ~ v s7~3'-.-.-. ~ ~~t`y.',z-n..~. - 9~J. .£ ..x~ yam. $._. ,,.~{ Q annN `^'c.~..i _ ." .rr - ~..._~~,.~,..1~/~ ^4'SlT' z._ ~~ '2 ~ -+~ max:-..an 3, .. ~~:zv-rsa~":~=d z~ .~.~.x`'i ~ l0 .~ , ,Y ~ ~~~.~~~~~ ~ +b ~ ~$ ¢~S' 'g-'~"" $ 17 26' ~C! 'H M 72'?q~'t11 " ~I! ~ 8~. ~ CAROL'S SU~DtVtSlOtV '8s - ~ ~ i ~~~~}st~,h7t ~lidNE?~,~TtOPJ E~H(8(7 FOR '~~~'~'__= BIEhdV1Lt_E SOUARF SU~CIVIStOt4i ~-Q~~TED t~l T'HE NE 1 ~~# QF SECTIOi~ ~, J ~ ~ ~ ~ ~ ,ark, , y,,. ~}~(!5- ; h,J~~)~-~~°( ~~~~.P,aC;~ ~ ~ ~~,~ ~, ~ °~s S BL3hPiTt? ~'kY z1 t - ~ fir. ~i ~; I -a ~ z~Ji~~'z, it~J'<i~~> fio4~~d~2U41, '~'4 _.. _ ,--, .. - - 3f _ °~: x tai ~_ (3~,'~r3c r E Bienville Square Subdivision Exhibit B Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description e Annexation DESCl41PTlOi4I F4?R 13tEhlFf'ILLE 3C~U~9RE SlIC~DlVIsIO~i A611~1EXAT1®N OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE '/< OF SECTION 5, TOWNSHIP 3 NORTH, RANf~E 1 EAST OF THE BOISE MERIDIAN, AtIERlDIAN, ADA COUNTY, PDAHO, BEING I~(ORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI<tIENCPNCs AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°6(1'00° E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAl.1'OiPll° QF gEGiN!'e!!NG OF THPS DESCRIPTION; T'HENGE S 00°00'00" E 691 O6 FEET- ALONG SAID SECTION UNE TO A POINT; THENCE N 90°00'00" W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWWG: THENCE N 44°05'19° W 227,63 FEET TO A POINT; THENCE N 72°24'04" W 221.28 FEET- TO A POINT; THENCE S 77°26'30" W 667.38 FEET TO A POINT; THENCE N 72°35'42° W 233.35 FEET TO A POINT; THENCE N QO°15'11" W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAPD BOUNDARY OF CAROL°S SUBDIVISION: THENCE N 87°06'00" E 335.19 FEET TO A POINT; THENCE N 77°06'00" E 267.75 FEET TO A POINT; THENCE S 79°07'00" E 319.00 FEET TO A POINT; THENCE N 89°54'00" E 200.E FEET TO A POINT; THENCE S 64°11'00" E 79.87 FEET TO A POINfi; Tl~iEPVt~E R3=54'~Jtr E 1~4 OCR FEET TO THE REAL POIPVY OF I~EG C31= THiS GESCRPPT(Uty, GOP~IPRISING 98.438 ACRES. PvtORE OR 131ENVILL&ANNEX CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Ezhibit B: Legal Description - C-G (General Commercial) DES~CIdIPTION FOI~Z [~IENVILLE SQUARE SUBI3I~/IStC}N G-G ,ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL °D° OF RECORD OF SURVEY NC). 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MER{DIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00° E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE DEAL POINT OF BEGINNING OF THIS bESCRIPTION; THENCE S 00°00`OQ° E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00`00° W 78.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLQWING: THENCE N 44°05'18° W 227.63 FEET TO A POINT; THENCE N 72°24'04° W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20° E 786.75 FEET; THENCE S $3°54'00° E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. BIEI3VILLE-Ct~AdA.1ERCLgL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - R-15 (Medium High Density Residential) DE SCRPPTtO~I FOR B{I`~d10dLl~ SOI~ARE SfJBt31VIS{OA{ R15 BONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL °D" OF RECORD OF SURVEY N0.6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOU~IS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S QO°00'00^ E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 434.01 FEET TO THE REA! POINT OF BEGIFJR11N6~ OF THIS DESCRtPTtON; THENCE S 00°37'20" W 78&,75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWENG: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°26'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40^ E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43° E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53° W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY: THENCE N 11°16°03" E 53 ''1 FEET TO A PAINT OF CURVATURE BIENVFLLE-R-t 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 THENCE 232.28 FEET AL€?NG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21 °i 7'37". A TANGENT OF 117.49 FEET AND A CHORD BEARING N QO°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"~M1f 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123". A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04° W 63.85 FEET TO A POINT of rANGENCY; THENCE N 89°22'40° W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID GURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23,76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°2742°, A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" W 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE 70 THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08°, A TANGENT OF 46.98 FEET AND A CHORD BEARING P108°49'36° E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71°28'10" E 609.64 FEET TO A POINT; THENCE S 83°54'00° E 133.58 FEET TO THE REAL POINT OF t3EGtlltYING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. BIE~,'VILLE-R-I S • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit B: Legal Description - R-S (Medium Density Residential) IZESCRIPTBf7N ti=OR Btlr~dillLLE S(~lIARE SUBDtVtSlOhl Rs zoNE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL °D" OF RECORD OF SURVEY NO. 6418 AND OF THE NE'/ OF SECTION 5, TOINNSHlP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIVPENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.AA., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 567 57 FEET TO A POINT; THENCE N 71°28'10"W 609.64 FEET TO THE REAL. ROINT OF BEGIlVNf(JG OF THIS DESCRIPTION; ThfENCE N 71°28`10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDPVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72°35'42° E 233.35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132,52 FEET TO A POINT; THENCE S 89°22'40° E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEF?, SAID CURVE HAVING A RADIUS OF 50,00 FEET, A DELTA ANGLE OF 99'49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76,50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; t`i,^~El~t~~A R~C71US Or 5750.~t~ EET, A DE ®A AN~;LE GF 20~~3'Q23~ ~ BIEirtV'ILLE-R-S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05!02/06 TANGENT OF 103.81 FEET AND A CE-LORD BF~RtNG N Oi °02`(I8" E 20.31 FEET TO A POINT OF TANGENCY; THENCE N 11°i6°08° E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 2i°17°37°, A TANGENT OF 1 i 7.49 FEET AND A CHORD BEARING N ~°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21 `123", A TANGENT OF 41.48 FEET AND A CHORD BF-ARfNG N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE NAVfNG A RADIUS OF 100.00 FEET, A DELTA ANGLE OF i3°38'38", A TANGENT OF 11.96 FEET AND A CHORD BEARING N 82°33'21" W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02° W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEETALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42°, A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49° E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD SEARING N 08°49'36° E 92.84 FEET TO THE REAL P{lINT tIF BEGiNN!(JG OF THIS ©ESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. BIEN MLLE-R-8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS-- (Bienville Square) 1.1.1 The preliminary plat labeled as 1 prepared by Stanley Consultants, with no date, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-OS-057) and Conditional Use Permit (CUP-OS-052) applications shall also be considered conditions of the Preliminary Plat. 1.1.2 Create an open space lot for the proposed 30-foot wide landscape buffer along the south and west boundaries. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. A multi-use pathway shall be located as depicted on the master site plan submitted February 13, 2006 and dated Febniary 8, 2006, the construction of the pathway shall comply with UDC 11-3A-8 1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Eagle Road. Depict on the face of the final plat a 10-foot wide landscape buffer along both sides of W. Burbon Street and N. Cajon Court. Said landscape buffers shall be in either a common lot or an easement adjacent to the rights of way. 1.1.4 The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. ~n~.1.~,~ana tear ~ t ~' '~ ' + ^ 11 1 .,,7 i r. ~ 1.1.5 A detailed fencing plan shall be submitted consistent with the master site plan dated February 8, 2006 and stamped received on February 13, 2006 for fencing along the Finch Lateral. All other fencing shall remain consistent with the landscape plan dated October 13, 2006. 1.1.6 Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi-use pathway shall also be completed prior to issuance of any certificate of occupancy for Bienville Square Subdivision. 1.1.7 With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.8 Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Home Owners Association(s). 1.1.9 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 The awnings on the east elevations shall extend at least 20 feet beyond the entry doors, measured from the building face to the outer edge of the awning for the retail buildings. The applicant shall submit a drawing at the time of CZC application submission to demonstrate compliance with this condition. 1.1.12 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.13 No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.15 Provide cross access/cross parking agreement(s) for all lots in Bienville Square Subdivision. All cross access drive aisles shall only approach the ACRD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.16 Other than the points of access approved by ACHD, City of Meridian, and 1'ID, direct lot access to Eagle Road, is prohibited. A note shall be placed on the final plat restricting access to Eagle Road. The planning commission suppoYts the access point to Eagle Road as shown on the site plan stamped FebncaYy 13, 2006. 1.1.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental protection Agency. 1.1.19 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. GENER-AL REQUIREMENTS-PRELIMINARY PLAT 1.1.20 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.21 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.22 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 aze 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 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standazds 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. 1.1.23 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.24 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 1.1.25 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled, unless otherwise approved by the Irrigation District(s). 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. 1.1.26 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.27 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned. in Sadie Creek Subdivision. Currently there is no sewer adjacent to this site and the City of Meridian does not guarantee service in the timelines outlined in the UDC. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Sadie Creek Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The applicant shall be required to connect to the existing main in N. Eagle Road with a 10-inch main. 2.5 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a sepazate document using the City of Meridian's standazd forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. ff it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. ff a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department, If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. 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 and private roads. 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. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed., drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 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. 2.15 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 per Resolution 02-374. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom ` CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 elevation of the crawl spaces of homes is at least 1-foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined. after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Meridian 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the lFC Section 509.5. 3.3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.6 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. 3.7 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. 3.8 The new commercial lot will have an unknown impact on Meridian Fire Department call volumes. 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. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the trash dumpster enclosure. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 3.11 Provide a Knoxbox entry system for the complex prior to occupancy. 3.12 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). 3.13 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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). 4. Police Department 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Sadie Creek Avenue. 4.2 The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public azeas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.4 The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. 4.5 The loading azeas shall be separated from all public parking areas. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ACRD Site Specific Conditions of Approval 7.1 Extend Sadie Creek Avenue into the site from the north property line. Transition the roadway from a 40-foot commercial street section to a 36-foot wide street within 50-feet ofright-of--way, with curb, gutter and 5-foot wide concrete sidewalk. 7.2 Sadie Creek Avenue north of this site to Ustick Road will need to be constructed and dedicated prior to, or in conjunction with final plat approval for this site. 7.3 All local streets in the subdivision should be constructed as 36-foot street sections within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalk. 7.4 The proposed alley may be constructed as a public alley if it is paved 16-feet wide within 20-feet ofright-of--way. OR The proposed alley maybe constructed as a private drive/street, if it is signed accordingly. 7.5 Bourbon Street shall temunate in.a culdesac and shall not extend to SH-55. 7.6 Public road access to SH-55 is prohibited. 7.7 Provide a letter from ITD stating required improvements and access decisions. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 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. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 7.13 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. 7.14 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze and certify all improvement plans. 7.15 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.16 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. 7.17 Payment of applicable road impact fees will be required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.18 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. 7.19 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. 7.20 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 Exhibit D. Required Findings from Zoning Ordinance iJ1~C 11-SB-3E. Annexation/Rezone Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed. Use Regional' is defined as areas including commercial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes commercial products for the subject site (PP-OS-059/ CUP-OS- O52). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the various proposed commercial uses would be allowed (permitted) within the requested C-G zone. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. Staff finds that the proposed C-G zone with the proposed retail, office and restaurant uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The Council finds that the R-15 zoning designation along a C-G General Commercial will be an appropriate use buffer. Furthermore the R-8 proposed zoning designation along the western boundary of the site further transitions these uses from the low density residential uses west of the site. C~ J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended chazacter envisioned by the Comprehensive Plan. The Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazazdous to the existing or future neighboring uses. The Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road and extended south through Sadie Creek Avenue to be looped with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similaz to other properties in the area. The applicant and/or future property owners will be required to pay pazk and highway impact fees. ACHD had not submitted a staff report with site specific and standazd conditions which will be attached as Exhibit C prior to the hearing date of November 17, 2005. On December 13, 2005, a joint agency/deparkment comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regazding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfaze. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). If the applicant enters into a Development AQxeement._(DAl with the City the Council fords that the annexation and zoning of this property to C-G R-15 and R 8 would be in CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 the best interest of the Citv 2. Preliminary Plat Findings: UDC 11-6B-6 In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare 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. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the Finch Lateral as well as providing an additional use buffer. 3. Conditional Use Findings UDC 11-SB-6E 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: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council finds that the site is 27.3 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed residentiaUretaiUrestaurant/office uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, or an access variance is granted, this finding will be met. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed retail uses complies with the uses permitted in the C-G zone and those uses allowed under the Development Agreement. The building height, pazking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The property adjacent to the west boundary to approximately 320 feet south of Ustick Road is zoned R-2 and is proposed as low density residential uses. The applicant will be required to construct the proposed buffer between land uses to address this less intensive use where commercial lots abut. The multifamily proposal is an appropriate transition from the Commercial uses to the lower density residential uses which surround the site. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/PP/AZ /RZ conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and ITD have reviewed the application and placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation aze available to the subject property. A recently completed public-private partnership to improve Ustick Road to five lanes and ACHD includes planning to install a traffic signal at the west boundary of the site shown at Sadie Creek Avenue. The commercial land use should not have any impact on the school system. Please refer to other comments prepared by the Meridian Fire Department. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the sanitary sewer and water .mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze of the surrounding area, The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds the future buffer between land uses along the property boundary and the use and Eagle Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unawaze of any other scenic or historic features. 4. Private Street -UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed or proposed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 26 feet of paved surface for all private streets other than alleys. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 05/02/06 The Council does not anticipate any conflict with the comprehensive plan. See findings above for comprehensive analysis. March 23, 2007 RZ 06-013 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Paradigm Real Estate Holding ITEM NO. 5-U REQUEST Development Agreement -- Request for a Rezone of .43 acres from an R-8 to O-T zone for Valley Shepherd Church of the Nazarene Property at 39 W. 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached DA . ADA COUNTY RECORDER J~fID NAVARRO AMOUNT .00 ~ BOISE IDAHO 03/29107 01: DEPUTY Neava Hanel RECORDED-REQUEST OF II I I' II'I'lll I~ I I'I I'I I' ~ I"I~'ll ~'I~ Meridian City 1070443#9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazazene, Owner 3. Pazadigm Real Estate Holding, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Pazadigm Real Estate Holding, whose address is 12058 Le Grange, Boise, Idaho 83709, hereinafter called DEVELOPER, and Valley Shepherd Church of the Nazazene, whose address is 39 W. Pine, Meridian, Idaho 83642, hereinafter called OWNERS. 1. RECITALS: 1.1 WI~REAS, Developer and Owners aze the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested adesignation of O-T (Old Town District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 1 OF 12 • • subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 13~' day of March, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer andlor Owners to enter into a development agreement with relation to the O-T (Old Town District) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 2 OF 12 • • NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Paradigm Real Estate Holding, whose address is 12058 Le Grange, Boise, Idaho 83709, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to Valley Shepherd Church of the Nazarene, whose address is 39 West Pine, Meridian, Idaho 83642 the parties that own a portion of said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned O-T (Old Town District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11 which are herein specified as follows: Conversion of the existing home on the site to a professional office in the proposed O-T zone on .43 acres, and the pertinentprovisions DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 3 OF 12 • of the City of Meridian Co`nprehensive flan are applicable to this RZ 06-013 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. 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. 5. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to the conversion of the existing home to an office use. 6. Any exterior modifications or new construction shall be subject to the standards outlined in the Downtown Meridian Design Guidelines. 7. 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. 8. 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. 9. The site shall be developed in general compliance with the concept plan submitted by the applicant (no date). 10. The applicant shall complete all required improvements prior to obtaining DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 w. PINE) PAGE 4 OF 12 u a Certificate of Occupancy for the proposed development. 11. If the existing building ever is removed and a new building is built on the site, that access to West Pine Avenue be abandoned and, thereafter, access only be taken from West 1st Street. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owners or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two yeazs of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer and/or Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer andlor Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. g. DEFANLT: 9.1 In the event Developer and/or Owners, or Developer and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 5 OF 12 • 9.2 A waiver by City of any default by Developer and/or Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Developer and/or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Developer and/or Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 6 OF 12 responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Paradigm Real Estate Holding 12058 Le Grange Boise, ID 83709 OWNERS: Valley Shepherd Church of the Nazarene 39 West Pine Meridian, ID 83642 DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 7 OF 12 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owners have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 8 OF 12 • this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 9 OF 12 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: PARADIGM REAL ESTATE HOLDING r Gl~ C®' ®G~rJ't.~i~ '~ ~ e~ y~~u~a's~t ~~ y`'!~~° OWNERS: CITY OF MERIDL~N By ~+~%~ MAYOR de WEERD Attest: ~.~-•% ~ CITY CLERK ~+_' °s / ~ ` `~ s ,~ S /,./' ``e \~ \ '',~~~11111111I 11111\1\\1 ~~j L~~ 3~z?-07 DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 10 OF 12 VALLEY SHEPHERD CHURCH OF THE STATE OF IDAHO, ) ss County of Ada, ) u On this ~ day of ~ ~,Y c~~ , 2007, before me, the un ersigned, a Notary Public in and for said State, personally appeared ~~ ~ , ~ ~ S-~ner , known or identified to me to be the (~61a•~.w ~ of Pazadigm Real Estate Holding, acknowledged to me that they executed a same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. t~ gate ~ ~` Notary Public Idaho Residing at: '"~~„~ ~c~,al~ My Commission Expires: STATE OF IDAHO, ) ss County of Ada, ) My Commission Expires ~0~ November 12, 2Qt#7 On this _~ day of ~t 2007, before me, the undersigned, a Notary Public in and for said State, personally appeazed Ge o r ~ Z~ ~ ~~ , known or identified to me to be the fZ~,,es.~.~~-,F.D, o Valley Shepherd Church of the Nazazene, acknowledged to me that they executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ffici day and yeaz in this certificate first above written. •~~~`' C,~R®IdV ,,s •i ~~ ~ =' No blic for Idaho v - ~` ~ ®~.•'~~' Residing at: '1~.a~ ~-~rt~.. i T~- • ~, ,. ®'•., ~'T~ q T~ ®~ , '' My Commission Expires: ~~~ U-S~d ooh ®®a.,..~....~ss DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 w. PINE) PAGE 11 OF 12 • STATE OF IDAHO ) ss County of Ada ) On this ~i () ~ "~ day of ~~,~ (;~ ~ ~, ~ ~'` , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and .year in this certificate first above written. ,,. ~... (SEAL) ' i s ~ ! . ~ • e , i e ' ~ ~ ~ A ~ `` ' a ~flr Ij~~jv/b7~~+ fP~~ ~/®~~` Notary Public for Idaho Residing at: _ ~`~2-~ ~~, ~ ~ ~oQ Commission expires: _ ~ C r / ~- ~ ~ DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE) PAGE 12 OF 12 A. Legal Description '- r~,~ ay November 1, 2006 Project: Garland Risner ~VIROI:KSdEPT.~~ 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.1W., B.M., city of Meridian, Ada County, Idaho, which is also the centerline of Meridian Street and centerline of West Pine Ave.; thence North 89024'44° West 162.89 feet along the northerly boundary of said Southeast i/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 038'03" 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~scd;~rcel of land. ~+' eparad by: d ~ hn T. Eddy PLS 972 9 2 Exhibit A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER crev ~~ ~ ~ ~ ~~ ~~ ~'~ ~~ 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 Hearnng Date of: February 27, 2007 (Findings on the March 13, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report 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 CJ 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the 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 ! ~f~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCII. MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED `---'~ Copy served upon Applicant, The Attorney. By: ~hG~-~~~ ~-~~~~ City Clerk VOTED_~7~~ VOTED-~~~~'~ VOTED~~~~`" VOTED__~~2~- Public Works Department and City Dated: ~~ ~ ~ 1 `,~~-~ `7 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-013 ! i 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 Continued from 2/20/07 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 ~:~y -~ e~Y t7p .~~.~~ '° ~~~~ ~ ir~~ ,~ 'f.~. ~r~ ~~~ ~. QTY 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. STTNIlVIARY 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 corner of Pine Street and West 1~ 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. SUIVIlVIARY RECOMMENDATION Staff recommends approval of R~06-013, as presented in the staff report for the hearing date of February 27, 2007, based on the Findings of Fact as listed in Ezhibit 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 hearur~ 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 Issne(sl 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 Rs i. In favor: Garland Rimer ii. In opposition: None iii. Commentin¢: None iv. Written testimony: None v. tall presentine application: Anna Canning vi. Other staff commenting on application: None j~ ev Issues of Discussion by Council: i. Coss access to the property to the west ii. liminatin~ the access to Pine upon complete redevelopment of the property ~. ~V Counc'1 Change to Co mic. ion Reco mendation: i. dded a DA provision stating that if the existin¢ buildine was ever removed and 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 Va11ey Shepherd Church (39 W. Pine) RZ-06-013 PAGE 2 • ~ 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 FACT5 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 ls`, and January 15~', 2007 (Planning Commission), Jannary 29~, and February 12a'. 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: December 21g`, 2006 (Planning Commission), January 26~. 2007 (Gifu Councill d. Applicant posted notice on site by: January 8`~, 2006 (Planning Commission), February 10~', 2007 (City Councill 6. LAND USE a. Existing Land Use(s): Single family residentiaUChurchuse 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. 1 ~` 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.1~ 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 ACRD 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 1 ~` 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 GOAL5 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 more intense uses such as pYOfessional ojjzces to locate on this property will increase the viability of the downtown area as an office 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 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 are 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 similar 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 area 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 parking space for every 500 square feet of gross floor area. Using that calculation the applicant is required to provide seven parking spaces on this site. The applicant is proposing eight parking spaces (three standard 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 parking 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 are 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 March 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 parking 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 parcel 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 (LTDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. 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 welfare by reason of excessive production of traffic, noise, smoke, fumes, glare 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 m;n;mum, 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. • the existing building ever is removed and a new building is built on the site. that access to West Pine Avenue be abandoned and. thereafter. access only be taken from West 1 s treet. b. Staff Recommendation: Staff recommends approval of the proposed rezone (R~06-013), subject to the Development Agreement provisions listed above. The Meridian Planning and Zonin¢ Commission heard this item on Jannary 18. 2007. At the nnblic hearing they moved to recommend approval. a Meridian Citv Council heard these items on February 27. 2007 At the nublic hearing they apnroyed the subiect rezone request. 11. EDITS A. Drawings 1. Vicinity /Current honing 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 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 A. Drawings 1. Vicinity /Current Zoning Map R4 SITE r__ QT Ci a a W ~ ~ moo ~_~L Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 2. Conceptual Site Plan ,£L"bS m ~' :~ aav~eat~n I m n~ ~ I m ~, .. I I I z I~ ~ ~I w ~ ~ a I ? ~~ I ~ o ~; ~ ~ .~.~ ~ I I 3 I ~ `°~~+ :~; ; ~ z.p~. w a ~ ~~~~ I I - ~_ . I ~ ~~' N ,£L"~S 133~1S 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. FIRE 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 41/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'. £ 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 speck 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 1 ~` Street 30 to 35 -feet from the centerline of the roadway to the back of curb to accommodate 5 diagonal parking 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 pazking 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 1 ~` Street. Construct vertical curb, gutter, and 5-foot attached concrete sidewalk along in inside of the diagonal pazking area to make a clear distinction between the parking 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 near edge), as proposed. Exhibit B LJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 C. Legal Description riEb, k.~DvAL '- r~.~ Ry J ~T November 1, 2006 MERIDfAN Fi1BG~ Project: Garland Risner lA'CR'.K5dEPT 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.1W., B.M., city of Meridian, Ada County, Idaho, which is also the centerline of Meridian Street and centerline of West Pine Ave.; thence North 89524'44" 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 8921'36" 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 o~38'03" East 114.69 feet to the point of beginning. SUBJECT TO: AlI existing easements and road rights-of-way of record or appearing on the abo~ nd. by: Eddy PLS 972 Exhibit C i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007 J ~Q ~~ ~~C~ ~L- y~ e~ ~I g~~i to $ {{ ~~ ~8~~~aaz~i~~~~~~ li ~ 0B•~oo0®•$~ I~ ` I~ I~ o ~ ~;~~ ~~ ~o~ _~. ~ ~~! ~ I ~ o = ~o -~ Z ~ ~j ~ ~ ~ ~ <~ o ~ b9•fiii or ~*.~ ' .~~ ~~ a I ~I ~';h ~~ ~ i~ ~~ i ~ ~ ~ i~ ~ .~ ~--- ~~ ~I ~a a ~: i "~ ~~ w~ ~r. ~ ~ rC ,n i ®#~ ~~e a ~ ~~~ ~~~~~~~ ~~i~~~~ ~ ~~ ~~ .~ ~ ~/,~07g N 0 V 0 ---------r---- I I I I ~ I W o ~, i --- ~~s, ----------~---- ~~o ~ i i ca z o Q z a 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 lndings: 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 aze permitted within the requested zoning district of O- T. Staff and the Commission believe that the existing parcels in the azea 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 appeazance 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 staff s 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 fmds 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, glaze, 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 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 5-V REQUEST Approve Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 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: COMMENTS Materials presented at public meetings shall become property of the City of Mertdtan. • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/21 /2007 Re: Proposed Agenda Items for 3/27/07 City Council Meeting cE~ MAR 2 1 2iiuP City of Meridia8 City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 3/27/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement and Contract for Black Cat Sewer Phase 4 by Vallev Sheaerd Churcb of the Nazarene Recommended Council Action: Approve the easement and contract as presented and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. ~ Page 1 • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Dexrlption: 10-06-059 Black Cat Sewer 9~P d Parcel # and Owner: 51224417650 Vallev Shepherd Church of the Nazareae Date of Offer: March 7.2007 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 Valley Shepherd Church of the Nazarene, herein called "GRANTOR". WHEREAS, 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 Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. The City shall repair the portion of the grantor's property encumbered by the described easement to a condition comparable to that existent prior to undertaking the construction. 2. The City agrees to attempt to minimize the impact of the temporary easement, in the event of new building construction within the Grantor's property. 3. The City agrees to design and install at their cost an 8-inch stub out of two manholes. Grade attd location to be determined by the grantor to best serve their needs. 4. 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, 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. Page 1 of 2 S1Pubtic WorksUN~ce Coklvalky Shepherd Fasememlvatky SheyhW CTuteh e~emeot cootraa-zickeroox.me • IN 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, Jr., City Clerk Date approved by Council: GRANTOR Page 2 of 2 S:\Wblic WorkxlMike Cok\Vatky Shepherd Fastmear\Vetley Shephttd C3mch maemear contren-7rckeRbse.doc City of Meridian, Public Works Engineering Infe~ffice Memo To: Tara Green From Karie Glenn CC: Date: 4/13/2007 Re: Original /Recorded Does for Vault 107051801 4/12/2007 SEWER Valley Sheperd Church Black Cat Sewer easement From the desk of... Kane A Glenn Dept Speaalist Supervi~r Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax (208) 898-9551 • Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 • BOISE IDAHO 04I12107~8 PM RECORDEDe REQUEST O_F ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ Meridian City 1070 1801 SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~,~ ~ day of_ ~`JA-rte , 2007, by the undersigned Vallev Shepherd Church of the Nazarene, who maintains a mailing address of 831 N. Main Street. Meridian Idaho, hereafter referred to as "GRANTOR" 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 "CITY". 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 property: (SEE ATTACHED EXHIBITS A-1, A-2, B-1, & B-2) 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 temoorary 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 placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 f'~I~e `J 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~pd._kear first hereinabove written. Shepherd By:, George 7~ic~Cefoose,~xecy~tive P STATE OF IDAHO) ss County of Ada ) On this 20 day of ~r~rclti , 207, before me ~e~~ .~~ Z~~~od~ , personally appeared ~~ei#i~-Rick~i#s; proved to me on t e basis o satisfactory evidence to be the person whose names is subscribed to the within instrument, and acknowledged that they executed the same. ~'~ A' N A PUBLIC FOR IDAHO ~~P=~~-~'~ ~.- # PuB ~G ~ o = My Commission Expires on ~ ~~~~ a/,a~9 ~ .~ ~ ,: .,~~~rq TEe OF `p . Beneficiary: CITY OF MERIDIAN SANITARY SEWER EASEMENT, Page 2 of 3 ~: • BY: Tammy ATTEST: ~/", le Weerd, y Berg, r., City C Date approved by Council:, ~~ ~8'e gtlltl@fltFCrrr`o/ ~ s -~®~~ °"~ ~~ ~ ~~ ~;. ~ , _ .r~sL~i..e - ~ ~~' 81t 11 ..,., +, , ~°~ w. SANITARY SEWER EASEMENT, Page 3 of 3 4~~ ... • • STATE OF IDAHO, ) . ss. County of Ada ) On this_~day of , 2007, before me, the undersigned, a Notary Public m and fors id State, personally appeared TAMMY DE ` WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument; ,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiicial seal the day+~pd+first above written. (SEAL) ; + NOTARY PUBL 'FOR IDAHO RESIDING AT: '~ ~ y : MY COMMISSION EXPIRES: q • • ! S$9'14'45°E L- ~...-P~- _-- P/LC~~----PfL-----pjL - ~ ._., ~. - _..~ _S 1 -._.__.-_-- it 1 ~- I I~ ~ ~ i~ ~ 1 ~i i 1 II f I I NI i I"r, PARCEL 8 i ~) I f ~ R.as. No. 7zss ~ ~I JJ I~ ~E°EIHC ~ cS I i I i ~ Cvt~l uR~l ~ ~a~AR1=NE i 1 ~i I I fl f I n IIf i f a ~I JI I~ ~ ~ ~) 1f f ~ I a gel to i ~° z ii J~ ~ ~ if I ~ ~Q~~ i i( i f ~, o c" 3ou~ J I i j- -S89 25'07"E 674.33' I JI ^- -------------I N89'25'07"W +~!-= - - -- - -.; - .-= _ - _ 65.00' - _. - P/L - - ~°_ "per ~1,892~~7 yIV P/L 724,_435`_ - P/L - rn i P.O.B I N. a iN f~ JL ~~ SCALE: 1 "=200' VICTORY ROAD I "' ~- 1 I ~ N~ I r7 io I z° SE COR. SEC. 24 30 TEMPORARY CONSTRUCTION EASEMENT • • Project: 10-06-059 Date: March 6, 2007 EXHIBIT B PARCEL DESCRIPTION FOR A TEMPORARY EASEMENT That portion of the Southeast ~/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on exhibit B-1 and more particularly described as follows: Commencing at the Southeast comer of Secfion 24; thence along the Easterly boundary line of said Southeast %, North 00°38'24" East, 1,377.92 feet; thence North 89°25'07" West, 65.00 feet to the Westerly right-of-way line of South Meridian Road, the POINT OF BEGINNING; thence parallel with and 10.00 feet North of the Northerly line of a sewer easement as shown at Instrument No. 10618260b, Ada County Records, North 89°25'OT' West, 724.43 feet; thence parallel with and 10.00 feet East of the Easterly tine of said sewer easement North 00°45'15" East, 959.02 feet; thence South 89 ° 14'45° East, 50.00 feet; thence South 00°45'15" West, 908.87 feet; thence South 84 ° 25'OT' East, 674.33 feet to the Westerly right-of-way line of South Meridian Road; thence along said right-of-way line South 00°38'24" West, 50.00 feet to the POINT OF BEGINNING. Containing 1.875 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. GEH:Ihc P:~PHKl90-06-054 Black Cat PH4\EasementslValley Shepherd Church Temp.doc f'g8e'~^L.~ • S89'14'45"E - - -P~- .,,_ i 0.00' - e - - - s -, P/1- - P/L - -~ p~~, ~-- - -S-_ _.. - _. - - ~ -1 ~_____----~ jj I j ~~ j a ~I I I II I I II I I I I Ilcv I R.o.~ o. 7269 ( allla g I III I c R~ u°~D.c I I I ~' I vnu.Elr s~~n I I I CHRUC~) OF NAZAR©+IE I o1I I I II I I III I I d I I o j jl~ i ~ ~ III ~ I _a o° ~ig I I ~° z l l v, I J~ ~i II I I~ ~ , I J1 I JNO ~, I f `~° -I o III ~-,.-_______________ `~O^ - ~L= -S89'25'07"E _ _ -724.43-_ -~ -N89'25 CS~W- - - - Pfl- -- - P fL - 734.-~54 _ - P/L t~ P.0.8 I I I~ i~ JL ~~ SCALE: ~ "=200' ° I VICTORY ROAD J24 PERMANENT SEWER EASEMENT N89'25'07"W 65.00' ~-- sE coR. ~ SEC. 24 30 ~ • Project: 10-06-059 pate: March 6, 2007 EXHfB1T A PARCEL pESCRIPTION FOR A PERMANENT EASEMENT That portion of the Southeast Ya of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on exhibit A-1 and more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Easterly boundary line of said Southeast ~/, North 00°38'24" East, 1,367.92 feet; thence North 89°25'OT' West, 65.00 feet to the Westerly right-of-way of South Meridian Road, the POINT OF BEGINNING; thence coincident with the Northerly line of a sewer easement as shown at Instrument No. 10618260b Ada County Records, North 89°25'07" West, 734.45 feet; thence coincident with the Easterly line of said sewer easement, North 00°45'15" East, 969.05 feet; thence leaving said Easterly line South 89 ° 14`45" East, 10.00 feet; thence parallel with and 10.00 East from said Easterly tine, South 00°45'15° West, 959.02 feet; thence 10.00 feet North #rom and para[!el with the Northerly line of said sewer easement, South 89°25'07" East, 724.43 feet to the Westerly right-of-way of South Meridian Road; thence along said right-of-way South 00°38'24" West, 10.00 feet to the POINT OF BEGINNING. Containing 0.389 acres, more or less. ENp OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. ~i a Gs ~a3~7la7 ~-,~, ~~ Eg~ ~ GEH:Ihc P:\PHK\i0-06-059 Black Cat PH41Easements\VaUey Shepherd Church Perm.doc • March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-W REQUEST Findings of Fact and Conclusions of Law and Order Granting Appeal by Designer Floors, Inc., on the Meridian Water Building Project: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. ~J 1 J BEFORE THE MERIDIAN CITY COUNCIL C/C 03/13/07 HEARING ON THE MATTER OF A BID PROTEST FOR THE MERIDIAN CITY WATER BUILDING PROJECT BY BID PROTEST HEARING FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL DESIGNER FLOORS APPELLANT The above entitled matter having come on for hearing before the City Council on March 13, 2007, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, for Designer Floors to protest the awarding of a bid contract by the City of Meridian for a bid package on the Water Building project. Richard and Tyler Brown of Designer Floors ,appeared and testified, and the City Council based upon its Findings of Fact and Conclusions of Law, and Decision and Order in this matter does hereby grant their appeal. FINDINGS OF FACT The City issued a public bid offering for a public works construction project to build a new building to house the Water Department of the City of Meridian. The offering contained numerous and various "bid packages" for various portions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE 1 OF 4 project. Bids were issued January 15, 2007 to all trades. The relevant bid package for this protest was Package 16. On February 8th, 2007 our Construction Manager for the Project, Kreizenbeck Constructors, Inc., opened all bids. The low bidder was Great Floors (initially awarded low bidder) and the 2nd low bid was Designer Floors (appellant). On February 20, 2007 the City Council awarded the bids on this project. Great Floors was awarded the bid and Designer filed their appeal the next day. Idaho Code 67-2805 grants the authority to the political subdivision i.e. the City, the discretion to decide the protest of a bid. CONCLUSIONS OF LAW On public bidding projects the City of Meridian has the authority to award bids to the lowest bidder, rejects any and all bids, reject any bids that are incomplete or non- responsive, or to waive any minor irregularities in the bid and accept the bids as compliant. In the current matter before the City Council, the Purchasing Agent made the discretionary decision to waive a defect in the bid proposal by the Great Floors, as a minor irregularity. The irregularity was a failure to provide an acknowledgement of the addendum that was sent to all potential bidders that pertained to numerous bid packages, but not Package 16, which is the focus of this protest. The addendum was directed to all bidders was indicated in the bid offering that it was to be returned with the bid. The appellant had provided the acknowledgement as directed. The City Council reaffirms their right to independently review any and all bids and retains the right to determine if any defect is a minor irregularity based upon the circumstances of the individual case. The City Council has discretion to determine if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE 2 OF 4 process and bids are compliant with Idaho Code and the City of Meridian Purchasing Policy and practice. In the foregoing case the City's Purchasing Agent was within his discretion to initially accept the lowest bid and to preliminarily waive the defect as a minor irregularity. Upon review of all the evidence the City Council determined that bid package material was properly communicated and identified to all bidders that all documents needed to be acknowledged and returned to be a valid bid proposal. The appellant did comply with that requirement. The initially awarded bidder, Great Floors did not. In this specific case the failure to properly acknowledge the addendum to the bids was not a minor irregularity and is not waived. DECISION AND ORDER Pursuant to the City Council's authority as provided in Idaho Code 67-2805 and based upon the above and foregoing Findings of Fact which are herein adopted: the appeal is granted and the bid for Package 16 for the City of Meridian Water Building project is awarded to Designer Floors. IT IS HEREBY ORDERED AND THIS DOES ORDER that based upon the foregoing Findings of Facts, Conclusions of Law, and Decision Order the City Council does hereby grant the appeal by Designer Floors. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code §67-2805. The decision of the City Council is final. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE 3 OF 4 • f~ By action of the City Council at its regular meeting held on the 2 ~ `day of March, 2007. ROLL CALL: COUNCILMAN KEITH BIltD VOTED _~~~ COUNCILMAN JOE BORTON VOTED /~~~~ COUNCILMAN CHARLIE ROUNTREE VOTED _Z~~,, COUNCILMAN DAVID ZAREMBA VOTED -~~~'~`' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~~ Z ~ ' ~ MOTION: ATTEST: CITY CLERK APPROVED: ~ DISAPPROVED: \ai`\\\1n eo.r .. ```4`a~~ .. ~' F9/4 9 1 ~ ~~ p ~~ ~j~'/v'e~'iPP 1\\`~4\\e`~`\ ~•~ PPP111 1111 de WEERD Copy served upon the Appellant, the Purchasing Agent, Public Works Department and the City Attorney. BY~ _ ~~V I Ct,''~ ~`~~ jWL~"f 1~--~ Dated: ~~--C`?j"_~--1 City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL GRANTING APPEAL OF DESIGNER FLOORS, INC. ON MERIDIAN WATER BUILDING PROJECT PAGE 4 OF 4 March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-X REQUEST Approve Budget Amendment for Parks Department for After School Pilot Program at Meridian Middle School: 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 Budget Amendment Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • . . e ~e A ~ ~e ~ Memo To: Mayor /City Council Cc: 11Vili Berg From: LeAnna Thomas Doug Strong Date: March 22, 2007 Re: Budget Amendment Request for After School Pilot Program The Parks and Recreation Staff is requesting funding to implement a pilot program to offer recreational activities in an after school setting at Meridian Middle School. The pilot program would be implemented in April 2007 and end June 1, 2007. The funding request is $11,00. This pilot program is proposed as a non fee based program. Listed below are important points of explanation: - In return for implementing this pilot program the department will have access to Meridian Middle School as a facility to conduct other revenue- generating recreation programs and classes. - While the After School Program requires an investment with no direct financial return the option to offer revenue-generating programs is expected to offset the cost of the program - Having access to Meridian Middle School as a base for recreation programs establishes a distinct location for such. ft also allows for recreation program services to the community on a broader base. Staff is requesting approval of the attached budget amendment as requested by City Council at your March 20, 2007 meeting. ~ ~ N ~ C ~~wo~ L '° a z ° ~=~.~s =v A ~t~~m~ ~~~giii '-'~WjUs1 ~yccE~~ V ~.r ~ f0 3 '~" ~ ~~~0~~8 ~~~~~ ~~~~~~~ ~~~~~~~ o~ ~~ ~~m=y~ ~zL o ,,, ~~ w ~~-> `o n g_, CI V m~ f6 +~' ~ = C m = 1O _Ert ~ c o E ~ $ m ~ - Q C $ N `.~„ O LdL LS. m A~p V WYj ~ 7 wO~c~LY r°-TWW O U C ~~ w C ~W~m T ~ ~ ®~ of Qd~e~.~ d a c ~ ~ m~W~~~ c2WE$ a v. oo-~@ 5 c m~~~ m~~$gm m~~E c m p~ no~D~~ ~-~W~ EE~`v o'er ~o W m ~'Qpmj~.~~ m~~ ,~~ ~r aa,~ N E ~~.oB~c~~~~a~ .A= E~ ma ® WaQ~ ~~ ~ s m a w~ ~~ ~ m c r ~ (A Z W~gZpg U~ gZ~° d ~ Ki ~ ~ t~ ~ c7i W ~ 3 ~ 9 ~ c W O O l% ~ ~ ~ ~ c T~ "- m _ ~ ~ $ q q 1 ~q ~ ~ $ 6 ~ a $ w Z ~ ,~ m s e e~ o a v e v a C F H r s ~ ~ .~ 8 L° ; T m Q ~ ~q' tto T W 'L' ~~~~a ~~ ~Q _~.~~~ gg c m b ~ ~ ~~~~~ ~~~y~ ~~ ~ g.a~~ c o~~'~o~E m,p~o ~ ~ ~~ W a .G ~ n mom . ~F~=~~ -c ~ .~L=~~'~ g~=aa'~ c~e.@$EAc M ~ ~ QQ ~?i g u'i 4 e N ~ m E N F ~ z ~ g ~ ~ o ~. "' o F T W c m .t.. 'O m ~U ~~ ~~ ~ N = o E o a~ m= ~` ~~ ~~ 'o ~~ 6 Z a W a z w m w g D W d F a ~a w ® m J ~ U~ ~O LL U LL ~ ~ o~ oW ~o z~ ~a ~ ~ ~ a ar - s m ~ ~ a ~ a a ~r ~_ F ~° g ~ p O (~ ~ ~ ~ 8~ a ~ ~ ~ -iv Program Pro~sal for After School Program Pilot Program at Meridian Middle School (Anticipated implementation April June 2~7) Program Overview A recreation based after school program at Meridian Middle School will serve students in 6~` through 8s' grade. The program will be staffed and funded by the City of Meridian through the Parks and Recreation Department. The Recreation Superintendent oversees the program and meets with school district staff to coordinate facility use. Staff has met with the school principal and other school staff as well as other community youth leaders regarding the need for such a program. Currently there is no documentarion verifying a need for after school programs in Meridian. However, the proposed pilot program would allow the opportunity to conduct a needs assessment as well as measure possible impacts. The After School program will serve multiple purposes. By partnering with the school and making available the needed resources an after school program will have direct impact in that it will • Provide a fun and safe place for middle school students during after school hours • Provide positive interaction with caring adult role models • Encourage and develop life skills, respect, and positive social interaction • Introduce and engage youth in positive, potential life-long recreational pursuits • Provide homework help and study skills development with school staff Indirectly, the implementation of the program is expected to • Potentially decrease juvenile crime • Provide a balanced lifestyle for youth participants • Effectively increase health, wellness and fitness for youth • Support an active learning environment in the school • Build and nurture a strong community partnership between the City, School District and other youth service organizations ActYVitres Program activities will be planned on a monthly calendar and be theme-based. Activities would include a variety of recreation options such as: • Outdoor Skills & Environmental Education • Fitness & Exercise • Sports • Field Games • Dance & Music • Arts, Crafts & Cooking • Theater • Leadership Development & Community Service • Special Guests • Field Trips • Recreation leaders will present activities, provide equipment and supplies, and instruct or lead activities. Participation is not mandatory but strongly encouraged. Students will have opportunities to provide input and help plan field trips As appropriate and when available outside experts would be included in program activities to introduce areas of expertise, lead discussion or activity groups or provide tours. Activity Schedule Schedules and calendars will be available the last week of each month for the upcoming month. Students are encouraged to offer suggestions and help plan activities. A monthly newsletter will provide program updates. Emergency & FirstAid Patents will need to keep "Emergency Information" and "Medical Release for Treatment" forms up to date. If parents would like program staff to administer medication as needed an "Authorization to Administer Medication" form is required. Each of these documents is kept on site for staff to refer to in the event medical attention is required. If medical attention is needed staff make every effort to contact parents. All program staff is First Aid and CPR certified. Earthquake, Fire 6z Emergency Evacuation Program staff will follow the evacuation guidelines as outlined by the Meridian School District and the specific plan for each school site. Phone Use Phones will be available for student use on a restricted basis. Patents may contact the program staff or the school site. Food Daily snacks will be provided, however students should not expect a full meal! Some snacks may be part of cooking and nutrition activities. Hours of Operation & Daily Schedule The After School Program will follow the Meridian School District calendar, with operating hours Monday through Friday, 2:45-6:00 p.m. The program will be closed on holidays, school break and vacations and all noncontract school days. The program is open on early-release days, adjusting hours to open at the time school is dismissed. Staff is NOT responsible for student supervision after 6:00 p.m. Program Schedule: 2:45.3:1Opm Sign in/snacks/leisure activities 3:10-5:15pm Planned activities 5:30-5:45pm Participant sign out 5:45-b:00pm Staff clean up Facility Program activities generally take place on site at the school. Activity areas may include the home economics room, ~feteria, gymnasium and other classrcx~ms as available. Outdoor activities will take place on school play fields. Transportation Biking and walking by neighborhood students is encouraged. Parent pickup must take place no later than 6:00 p.m. There will be no staff supervision after that time. Staff is prohibited from transporting participants in private vehicles. School activity busses maybe provided depending on school availability. Enrollment & Attendance Requirements Because of the drop•in nature of the program students are not "required" to attend. Daily sign in and sign out is required. If parents would like students to have the option to sign out and leave the program before 6:00 p.m written permission to do so is mandatory. A "Child Pick Up/Release" form is required for any person other than the immediate parents/guardians to pick students up. Once students sign out they will NOT be readmitted to the program for the daq. Staff to student ratio is maintained at a ratio between 1:12 and 1:15 depending on the activities as well as student needs. Program participants are expected to adhere to the rules in force during the school day. This includes any rules regarding attire or dress codes, language, respect for authority, and being in the appropriate area of the school facility. Staffing Recreation leaders in the after school program are employees of the City of Meridian Parks and Recreation Department. A Site Supervisor and one to three Recreation Leaders will be at each school. The Site Supervisors interact daily with school administrators, custodial staff, and student participants. Their primary role is to plan the activities and maintain a cooperative program atmosphere. At times, this may include addressing behavioral issues and resolving concerns. They arc happy to meet with parents to discuss issues or accept suggestions. The Recreation Leader's primary responsibility is to present fun recreational activities. They provide basic instruction and lead participants in games, arC or craft projects, fitness activities, outdoor skill activities, dance and music and field trips. These individuals maintain constant interaction with participants. Fees The daily drop in is free of charge. Special field trips, such as bowling or roller-skating, will be charged a minimal fee. Students interested in field trips are required to submit a Field Trip Registration form. These will be made available prior to each field trip. Anticipated Program Costs Program costs will include staffing and program supplies. For the pilot program staffing needs include one Recreation Specialist. The responsibilities and employment requirements of this position fits within Grade Level "E". The median rate of pay for this grade level is $15.21 hourly. This position would need to be at the program during program hours (1S hours per week) as well as provide set up and dean up and be available for meetings with school staff when needed. This position will be part time at 19.5 hours per week but would be increased on weeks with early-release dates. Additional staffing needs include Recreation Leaders. This position plans, leads and instructs program participants and directly interacts with them. The responsibilities and employment requirements of this position fits within Grade Level "C". The median rate of pap for this position is $12.57 hourly. This position will need to be on site during program hours as well as assist with some set up and dean up. This position will be part time at 19.5 hours per week or less. During weeks with earlyrelease dates hours will be increased. Based upon the established staff to participant ratio of 1:12 or 1:15 it is expected that each program site have one Recreation Specialist and up to three Recreation Leaders.. Program supplies will include snacks and other items needed to successfully complete projects. Cost Breakdown: (Pilot program period of April June) • Staffing (1 Recreation Specialist & 3 Recreation Leaders) _ $ 9,300 • Program supplies (snacks, arC supplies, sports equipment, etc.) = 2.5QQ TOTAL $11,800 _ nip $~~83 ~° ' m 'S o ~~~~~ ~ m o~,'b W ~o~t° 8S N OI{ ~ m ~ C Z i. v c" ~ v ~ c m ~ c d ~ a a a ~~ ~p s W ~ ~~ m m W ~ G7 "' ~ ~ '~° b ~ ~_ LL O C C0~ p C 0? 7 ~ = O ~ C ° 'p.~mt`o1~21 ~"~ `~~.~ I$ nj 3 ~~ ~ E~w a. ~ m5 o~v Z z' g° D Z W m gw~ off= ~o 0 c3mc~~ ~~$ `,~ ~ U ~ ~~ m ~ $~ C ~ ~ ~ C `3~ °~Oa AWE ~6 ~>?'~ nom _~ p) ~ 9° m 'Q v v D. n ~ g ° 's tS a~~~ g a ~ m m o m O ~ a° S ~~~ m ~cm a°~ m~ ~ _ aE a~~~~$ oar ,s v ° E aQm~.o ~~n. ~_' ~~ Wn 'Gm'S~t3 ~~5~ O~~~S~j C~~~ °~n~s ~ ~ ~ E O ~ C ~'pg~ rangy $~,6tmm c.SE~ m~~~'S mm~~a$ N~ •r9 p G d C G~ O ~t/J°a~vC~~~o W~z U~~ W 7} nnZmWK FSZ ZL~ d R ao N ~ f~0 ~ ~ ~ ~ H l7 rn ~ ~ m c - m ~ o m W 8 o e ~ H ~ F ~ o E ~ c y t " m a ` zA m ~ O ~ U m 3 ar 3 ~ o ~ ~ W a $ 3 E w ~ ~ z N ~ O V p Op p O O N p Vp N NN N N N W Q~ ~ C P) v P1 a v /7 a 0 ~ 0 ~ 0 e 0 ~ d Q Q ~ a ~ g~"'~~ °a~~E d ~ ~ ~ W a~;ra 3 mQra c m 3 ~ ~ pi ~ ~$ ~ n ~ ~ E m E ~ ~ ~mmmn~ o mm~~~~ m mm~S'co~~ ~m~c~~3° ~' ~ $ 3 Y! ° ~ t W V C ~ C ~ ~ ~ m W ~ N ~~ C~ o=.°mQoma m Q $ O.~ ~ E > a ~8o'Og~ alo ~~mco~ a a °~~~~~~ gg++ g ~~ onm~-S~ A D W 'O C LL m ~ ~ m y", u m c ~ ~U ~ m m ~ C ~_ Tf g c ~ 9O O O ~ 0) E c c C a `o ~ m ~ E $ O .~ ~ ~ o m pW Q `t,tttiillitlrrrrj~ ova` b b,''r~ w'`' c W ! m c v ~ ~~ N i-i m m r~ a J 7 rc a rarrrt~l~i~~ D ~o LL U~ LL ~~ W ~ W ~a mo ~~ J U~ o~ W U ~W to U T,_e.. `~ • March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. S-Y REQUEST Approve Change Order No. 1 for Civil Survey, Inc., for $1946.00 for Water and Sewer Improvements in Conjunction with ACHD Overland, Topaz to Cloverdale: 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 Cffy of Meridian. ~ ~~ COMMENTS See Attached Memo, Change Order Memo • RECEIVED MAR v~ ~ 2001 To: Will Berg; Tara Green City Of 1Vleridia~, Frown Brent Blake City Clerk Office CC: File, Len Grady, Keith Watts Date: 3/21!2007 Re: Proposed Agenda Item for March 27, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 27, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order Number 1. Water and Sewer Improvements in Coniunction with ACHD Overland. Topaz to Cloverdale: This change order of $1,946.00 adds 40 feet of water main and a 90-degree fitting to the project in order to extend water main to the eastern most city limits along Overland Road. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 for 40 feet of additional Water Main in Conjunction with ACHD Overland, Topaz to Cloverdale for a cost of $1,946.00 and authorizes the Mayor to sign lti Thank you for your consideration. Please contact me if you have any questions regarding this item. ~ Page 1 • • CHANGE ORDER NO.1 No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER Citv of Meridian CONSULTANT Civil Survey Inc. CONTRACT: Water and Sewer Improvements In Conjunction with ACHD Overland Topaz to Cloverdale Project ENGINEER Ci of Mendian Description: This change order consists of the following work: This change order of $1,046.00 adds 40 feet of water main and a 90-degree fitting to the project in order to extend water main to the eastern most city limits along Overland Road. CHANGE IN CONTRACT PRICE: Original Contract Price $__298.397.90 Net Increase (Decrease) from previous Change Orders No. to $0 Contract Price prior to this Change Order: $ 298.397.90 Net increase (decrease) of this Change Order: $ 1.946.00 Contract Price with all approved Change Orders: $ 300.343.90 RECOMMENDED Brent Blake, Inspector 1 Date: Approved by City Council: APPROVED CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) rammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: ~~ ~`\ J ~~ ~ ~ ~'~ C~k ~,~ ~ ~~ ~~ ~~~ ~, EJCDC 191o-8-B (1996 Edition] Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of Amerip and the Construction Speafications Institute. ~. Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Ted Baird Date: 3/26/07 Re: March 27 City Council Meeting Agenda Items i) ' ~~ ~ ~1AR 2 ~ ~ ~ ~~ ~i:t~ ®f ~ m '~°~twl ~~~'~r~ The Purchasing Department respectfully requests that the following item be placed on the March 27 City Council Consent Agenda for Council's consideration. Ideal Demolition Change Order #4 Removal and Abatement of Contaminated Soils. All work under this Change Order #4 will be completed pursuant to the existing Asbestos Abatement and Demolition contract executed October 27, 2006. Recommended Council Action: Approve Change Order #4 to Ideal Demolition Inc. for excavation, loading, covering, hauling, and abatement of contaminated soil from the Meridian Creamery Site for a Not To-F~cceed amount of $249,000.00, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 4 PROJECT NO. CH-06-001 DATE: 3/27/07 EFFECTIVE DATE: 3/27/07 CONTRACTOR: IDEAL DEMOLITION SERVICES, LLC PROJECT: ASBESTOS ABATEMENT & DEMOLITION The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciptlon: Excavation, loading covering, hauling & abatement of contaminated soil at the Meridian Creanery site. Price is $82.00/CY per proposal by David Aparicio dated 11/9/2006 with aNot-To-Exceed amount of $90,000.00. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Contaminated soil discovered that was not on original Haz-Mat Survey. Attachements: Proposal by Ideal Demolition CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 390,800.00 Original Contract Times: Completion 1/12/06 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $208,556.30 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order: (calendar days or date) $509,356.30 a/5/2o0~ Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $249,000.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $758,356.30 4/5/2007 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CIONTRf~CTOR) By: By: David Apriclo Date: ,'~e~t~ti~~-tl-IroireJ Date: \` AP/PR VED• (CITY PURC}iASINGRGENT) COUNCIL APPROVAL ~~~` ~0 F~ ~ B .Keith Watts Date: 3 27~b'7 Date: ~~Z 7~p ~ ~-- APPROVED• (CITY) - ATTEST: ~~ ~ ~° B .Mayor Tam de Weerd "6 By: City Clerk, W(II Berg Jr. '~.,~ ' Date: i i Z~~Q ~ Date: ~i 2 ~~ Q ~ ~~i~ T~ e i ~~ A 4t ~e` '® ®,'r rd ~e ~. • March 23, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Resolution No. :Establishing Appointments, Seats and Terms for the Arts Commission Board Members AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: p CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: /~ I/ ADA COUNTY HIGHWAY DISTRICT: ~ 6 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. O 7- ~~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 06-1280, on November 28, 2006, added Title 2, Chapter 5 to the Meridian City Code and thereby created the Meridian Arts Commission; and WHEREAS, pursuant to Meridian City Code § 2-5-3(B)(2), on February 27, 2007 Mayor Tammy de Weerd appointed, and the City Council approved, the appointment of six persons to the Commission; and WHEREAS, Meridian City Code § 2-5-3(C) states that initial appointments to the Commission shall be made as follows: one one-year term, two two-year terms, two three-year terms, and as to the youth member, a term of up to one year; and WHEREAS, the members of the Commission, at their inaugural meeting on March 8, 2007, voted to recommend appointment of the members of the Commission to the terms of service enumerated in Meridian City Code § 2-5-3(C) as follows; and WHEREAS, the Meridian Arts Commission intends to incorporate into their bylaws the following designations of the terms of service enumerated in Meridian City Code § 2-5-3(C); NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-5-3(C), the following members of the Meridian Arts Commission be appointed to the following seats and terms of service: Seat 1, one-year term: Nancy Rountree; Seat 2, two-year term: Sandra Cavanaugh; RESOLUTION FOR APPOINTMENT OF MERIDIAN ARTS COMMISSION Page 1 of 2 Seat 3, two-year term: Dwight Williams; Seat 4, three-year term: David Stolhand; Seat 5, three-year term: Fred Shaddick; and Seat 6, three-year term: Meg Glasgow. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this Z ? day of Gt/t,~~ , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 ? '' day of ~, e~~ , 2007. APPROVED: ~r `lao ~ c~~~,~"> eerd ®~ :~~ P ATTEST: ,'~ ~ ~~~^~ ~~~~ ~ ®,, ~~ ~ -_ By' ~ William G. Berg, Jr., City Jerk = ,~ a RESOLUTION FOR APPOINTMENT OF MERIDIAN ARTS COMMISSION Page 2 of 2 March 23, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Parks Department ITEM NO. 6-8-1 REQUEST Discussion of proposed Parks & Recreation Fees 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. March 23, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Parks Department ITEM NO. 6-B-2 REQUEST Discussion of the Proposed Properties Naming Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~ CITY POLICE DEPT: CITY FIRE DEPT: ~' /''' CITY BUILDING DEPT: Q ~~ CITY WATER DEPT: ~ /W CITY SEWER DEPT: JCS ~ uuu""" CITY PARKS DEPT: ~ See Attached Mem® 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 Merldtan. • Department Reports March 27, 2207 Meridian Parks & Recreation emo ~~ MAR ~ ~ 2~u~ To: Mayor /City Council pity of Nleridiarx CC: Will Berg ,~(~ ~itY Clerk ®ffic~ Dou Stron I'U From. g 9 ~ Date: March 22, 2007 Re: Proposed Properties Naming Policy During the March 14, 2007 Parks and Recreation Commission meeting, the Meridian Parks and Recreation Properties Naming Policy was reviewed and passed by the commission to be sent forward to the Mayor and City Council for approval. The Parks and Recreation Commission approved the policy with one minor word change located on page 3 under Definitions, changing "shall be applied" to "sha// be considered': The Parks & Recreation Commission and Park Staff are requesting your approval of the Properties Naming Policy. Backup documentation is enclosed for your review. Mar 22 07 11:S8a Bruce Macxoy ~3122~2®~77 hs:34 ~3~~i5~1'~ i G° ~~r~ ~: n ~,~ ~7--9204 p.6 M17tM1~11A1Y 4-'AhCKb rra4aG a~ T~ ~,. ~~~~~~~~ ff~ ~.~.~ ~ ~kgEA1T63N ~t)k'"'iT~3 N ~T:IC~' . ~ ~~~~~ ~d~l~ ~~N~t[S~JIO~ 8s ~Att7'1~E~1'i' '~ , . '~ ~' ~ Tla~~ ~~ ~ ~~.~ ~~~~¢~ ~° ~a~ offi his sue. ,- o~ 1' x~a~a t~ zoq~ .~ crn ~n- - Ci~err~i~-rr ~~.~~r~ ~. ._ ,. ~Sn~i 4iw.. u:Yy"~ Project Name: Department: Applicant: ~~ SUMMARY OF PARKS AND RECREATION COMMISSION'S RECOMMENDATION TO CITY COUNCIL MERIDIAN PARKS & RECREATION PROPERTIES NAMING POLICY PARKS & RECREATION PARKS & RECREATION COMIVIISSION & DEPARTMENT P&R Commission Meeting Date: MARCH 14, 2007 Recommendation: The recommendation coming from the Parks & Recreation Commission is to approve the Meridian Parks & Recreation Properties Naming Policy as presented to the commission. Key Commission Comments: • The commissions only change to the policy is on page 3 under Definitions; changing shall be applied to shall be considered. Outstanding Issues for City Council: • There are no outstanding issues for City Council on this matter. APPROVED: Bruce MacCoy, President ,~ Jo Nesmith, Vice President Revisal January 10, 2007 • MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY Adopted , 2007 I. PURPOSE: A sound-naming policy can add meaning, significance, and uniformity to the park and recreation properties of the City of Meridian by developing park names that embody the values and heritage of the local community. It is the intent of the naming policy to establish reasonable criteria in which to suitably honor and acknowledge both individuals and organizations for their contributions to the City of Meridian. II. POLICY: A. It is the policy for designation of names for park and recreation properties to be in accordance with criteria and procedures set forth below: 1. To minimize confusion, proposed park names that are similar to those of existing parks in the system shall be avoided. 2. Conditions and/or stipulations of original property donation, deed or development shall be honored regarding the name of a park. 3. To avoid the appearance that the public park is a private park, the name of the adjacent or surrounding subdivision shall be avoided as the name of the public park. 4. If a park is to be named after a living individual then their permission should be secured prior to the name being selected or the City Council may consider a change if an objection is made by the person after the selection. 5. When a park is proposed to be named after a person who is deceased, then the permission of the closest living relative of an individual, if practical, should be secured prior to the name being selected. The City Council may consider a change if an objection after the selection. 6. Park names should represent community values and be mindful of future generations. III. PARKS OR PORTIONS OF PARKS MAY BE NAMED IN THE FOLLOWING MANNER: A. Park Names: An attempt should be made to name parks utilizing the Department theme for naming parks. The theme is as follows: Community Parks and Neighborhood Parks should be named for easy recognition; utilizing reference to historic sites, geographical features or descriptive names. The words "Community Park" or "Neighborhood Park" shall be affixed to the end of the park name. MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY -Page 1 of 3 D. Temporary naming: 1. The Parks Commission may recommend the temporary naming of portions of facilities. The Commission shall work with the individual organization seeking a temporary name to determine the appropriate criteria for the temporary naming to be consistent with the rest of this policy. The Commission may allow a variance from this policy for a temporary name. 2. This temporary naming policy may apply to any playground, sports field, sports court, amenity, or any other portion of the park facilities that can be suitably and appropriately named to honor an individual or organization. This temporary naming policy may also be applied to undeveloped parcels in the City's parkland inventory to provide a convenient means of identification prior to development. 3. Temporary naming under this policy can be for any designated period of time, but shall not be longer than one (1) year from the date of approval with the exception of undeveloped parcels which shall maintain their temporary names until the selection of a permanent name pursuant to this policy. Subsequent requests to continue the temporary naming may be considered, but such request must be made annually. C. Procedures for a Permanent Name: 1. Preliminary action in naming a park or facility may be initiated by the Mayor, City Council, Meridian Parks and Recreation Commission or any subcommittee thereof9 Meridian Parks and Recreation Department staff, property donor, or individual citizens. A formal letter of proposal shall be submitted to the appropriate subcommittee of the Meridian Parks and Recreation Commission which shall consider the proposal(s) and submit a recommendation to the Meridian Parks and Recreation Commission. The Commission shall review the proposed name(s), take public comment, and make a recommendation for the name to the Mayor and Meridian City Council. 2. In all cases, the Meridian City Council shall have the authority to accept or reject the proposed park or facility permanent or temporary name and to waive any requirements of this policy. 3. The City Council shall have final authority on the permanent or temporary names and the length of time that such name may be used in connection with the park or any portion thereof. D. Changing of Names: Nothing in this policy shall be construed to prohibit the changing of names of parks or facilities by the City Council. E. Final Decision: MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY -Page 2 of 3 All decisions for the permanent naming of a park facility or any portion of park property shall be approved by resolution of the City Council. This shall not apply to the memorial trees that are placed in the parks pursuant to this policy. IV. DEFINITIONS: A. The following guidelines shall be considered when naming a park based upon a donation: 1. Neighborhood Parks: When at least fifty (50) percent of the value of the parkland is donated or when "substantially all" of the development is donated at no cost to the City of Meridian. 2. Community Parks: When at least twenty-five (25) percent of the value of the parkland is donated or when "substantially all" of the development is donated at no cost to the City of Meridian. 3. Facilities: When "substantially all" of the facility development is donated at no cost to the City of Meridian. 4. Valuing Donations: Valuing donations for the above section shall be determined by City staff with the advice of the Commission. Donations must be without costs or expense to the City of Meridian and are based upon value at the time of donation. Donations that require credit towards impact fees or if impact fees are to be reimbursed to the grantee shall not be considered donations for the purposes of this naming policy. 5. Substantially all: The City staff with the advice of the Commission shall determine whether the value donated is "substantially all" of the development. 6. Development: Development must be in accordance with the approved site master plan or statement of character and/or criteria approved by the Meridian City Council. 7. Donations: For the purpose ofthis policy, donations may include monetary as well as in-kind donations and may be cone-time or cumulative donation or a bequest. All donations are subject to final approval and acceptance by the City Council. MERIDIAN PARKS AND RECREATION PROPERTIES NAMING POLICY -Page 3 of 3 Page 1 of 1 Sharon Smith From: Kyle Radek Seat: Monday, March 26, 2007 3:46 PRA To: Sharon Smith; UMII Berg Cc: Brent Blake Subject: Agenda Item Sharon, We have an agenda item that is mis-iabeled In the cover memo and in th® actual change order. Item Y is a change order with Masco, Inc., not Civil Survey. We would like this item puffed from the agenda and we will resubrtdt for next weak. Please let me know if you can do it. Thanks, Kyle Radek, P.E. Staff Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 3/26/200? PURPOSE: A sound-naming policy can add meaning, sig°ifican`ce' and uniformity to the park and recreation properties of the City of Meridian by developing park names that embody the values and heritage of the local community. it is the intent of the naming policy to establish reasonable criteria in which to suitably honor and acknowledge both individuals and organizations for their contributions to the City of Meridian. POLICY: It is the policy for designation of names for park and recreation properties to be in accordance with criteria and procedures set forth below: used park names that are similar to those of existing pazks in the - To minimize confusion, prop system shall ~ avoided. - Conditions and/or sttpulat~ons of original property donation, deed or development shall be honored regarding the name of a park. ~-To avoid the appearance that the public park is a private pazl~ the name of the adjacent or surrounding subdivision she shall be avoided as the name of the public park..-the-preger~y ~~' _ - If a park is to ~ named after a living individual th resider a change if an objection is made bytthe the name being selected or the City Council may person after the selection. - When a park is proposed to be named after a Person who is deceased, then the permission of the closest living relative of an individual, if practical, sh°uld be secured prior to the name being selected. 'The City Council.may consider a change if an objection after the selection. - Pazk names should represent community values and be mindful of future generations. Parks or Portions of Parks maybe named in the followins manner: Park Names: An attempt should be made to Warne parks utilizing the Departnnent theme for naming parks. The theme is as follows: ~ p~ ~ RECREATION PROPERTIES NAMING pOEICY -Page 1 of 4 VII Coinmuuity parks and Neighborhood Parks should be named for easy recognition; utilizing reference to historic sites, geographical features or descriptive names. The words "Community Park" or "Neighborhood Park" shall be affixed to the end of the park name. Tempor"ar9 naming: recommend the temporary naming of portions of facilities. The The Parks Commission may ~e Commission shall work with the individual organization seeking a temporary name to determine the appropriate criteria for the temporary naming to be consistent with the rest of this policy. The Commission may allow a variance from this policy for a temporary name. naming policy may apply to any playground, sports field, sports court, amenity, or any This temporary atel named to honor an individual or other portion of the park facilities that can be suitably and appropri y organization. This temporary namin licy may also be apphed to undeveloped parcels in the City's arkland invento to ovide a convenient means of identification or to level meat Temporary naming under this policy can be for any designated ~riod of time, but shall not be longer than. one {1) year from.the date of approval with the exception of undeveloped parcels which shall maintain their temporary names until the selection ofma pe~ onsi.d ~e but such treques must be umade annually. requests to continue the temporary naming y procedures for a Permanent Name: preliminary action in naming a park or facility may be initiated by the Mayor, City Council, Meridian parks and Recreation Commission or any subcommittee thereof, Meridian Parks and Recreation Department staff *•rnnerty donor, or individual citizens. A formal letter of proposal shall be submitted to the appropriate subcommittee of the Meridian Parks and Recreation Commission which shall consider the ro sal s and submit a recommendation to the Meridiem Parks and~~eatiaond ~°~ rec m~mendation Commission ~ review the proposs~ed name{s), P for the name to the Mayor and Meridian City Council. In all cases, the Meridian City Council shall have the authority t ~~ept o~r_ te~hctyh'e proposed Park or facility permanent or temporary name and to waive any >cequirem The City Council shall have final authority on the permanent or tem oporary names and the length of time that such name may be used in connection with the park or any ports Changing of Namesc Nothing in this policy shall, be construed to prohibit the changing of names of parks or facilities by the City Council. ~~~ pARgS AND RECREATION PROPERTIES NANIING POLICY -Page 2 of 4 VII Final Decision: All decisions for the permanent naming of a park facility or any portion of park property shall be approved by resolution of the City Council. 'This shall not apply to the memorial trees that are placed iri the parks pursuant to this policy. DEFINITIONS: The following guidelines s shall be applied when naming a park based upon a donation: Neighborhood Parks: Whew at least fifty (50) percent f the value of the parkland is donated or when "substantially all" of the development is donated at no cost to the City of Meridian. Community Parks: ty- (_ ) p~ ~ QOM ""~ ^f the value of the parkland is donated When at least twen five 25 cent ~ ~ ems-----~- orwhen "substantially all" of the development is donated at no cost to the City of Meridian. Facilities: When "substantially all" of the facility development is donated at no cost to the City of Meridian. Valuing Donations Valuing donations for the above section shall be determined by City staff with the advice of the Commission. Donations must be without costs or expense to the City of Meridian and is~are based upon value at the time of donation. Donations that require credit towards impact fees or if impact fees are to be reimbursed §yto the grantee; shall not be considered donations for the purposes of this naming policy. Substantially all: The City staff with the advice of the Commission shall determine whether the value donated is ~~~ ~1 ~ F ~~ w1~4...~ as ~ --~ w. ash 1... ..4..~ "substantially of the development. """"r r } , ~ ~ i t rL... - t ~1, h... .~ j ... Development: Development must be in accordance with the approved site master plan or statement of character and/or criteria approved by the Meridian City Council. MEgID~ pARK5 AND RECREATION PROPERTIES NAMING POLICY ~ Page 3 of 4 • VII Donations: For the purpose of dais policy, donations may include monetary as we11 as in-kind donations and may be a one-time or cumulative donation or a bequest. All donations are subject to final approval and acceptance by the City Council. ~g~~N PARKS ANO RECREATION PROPERTIES NANIING POLICY -Page 4 of 4 • ~J March 23, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Parks Department ITEM NO. 6-8-3 REQUEST Discussion of Proposed Temporary Naming of Borup Property: 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: COMMENTS G~/V' ~_ Q ^~~ ~' 1 _ See Attached Memo p 1//~ ~,S ~~ ~~ Materials presented at public meeflngs shall become property of the City of Meridian. • Memo To: Mayor /City Counc6l Cc: Will Berg From: Doug Strong ~~ ®ate: March 22, 2007 u c _ ~l..r~ f~AR ~ ~ 207 City of MeridianY City Clerl~ ®ffie~ Re: Proposed Temporary OVaming of the Borup Property During the March 14, 2007 Parks and Recreation Commission meeting, a recommendation was brought forward to temporarily name the park currently known as the Borup Property to "WEST MERIDIAN COMMUNITY PARK". The Parks & Recreation Commission approved the temporary name of the future parkland and therefore is asking the Mayor and City Council for their approval. The Park Staff is also requesting Council approval for the temporary name of the park property currently known as the Borup Property to °°West Meridian Community Park" at your March 27, 2007 City Council meeting. Backup documentation is enclosed for your review. IVlar 22 07 11:57a Bruce Mac~oy ~3I2212807 18:34 6g8556~ 7 9204 p.3 iN£RTDIl~hi PARKS s'Atat to ~~~` ~~~~~ ... r ~ ~~~.~ ~~ ~vRVp PRUP~RTY { ;. u~i~,~a: ~ ~~~~ c~a~afmg ~'com tt~ A'afks 8c Rvn Co~rmaiss~on:s tm ' y nine ~-~° "`~;~~~' ff~T G~MMUI~TI'E'Y' PA][~". ~ I~a~°ty ~ a~~ht ~ ~ ~~a~~ t® c~® the ~ ~~ ~~~ebe . ~ Aced t~ ~s~k~ ~.~ aid ~ leas ao intt i~. t+~trnia3g t~.~: ~`h ~ T~i~ ire ~®~ dares ~§~e~ ~~~ ~`ity ~txast~il pn this cUatt~C s~ 1Vb: B~zup ~ zeo i fps sRraen~ ~ ~~~«.. ~~~ sate a~tlbe ~raperty used bytes .~Pf~R® ~~ CB ~1!!Yat~J'r ~~ .~ q !~0 ~ ~,Q,~'cm~cm C%~eri~ian ~~,.~K, ;. ,e . ,~~~~ a7ru_~.wti Yox~` gip Project Name: Parr: Applicant: L J • SUMMARY OF PARKS AND RECREATION COMMISSION'S RECOMMENDATION TO CITY COUNCIL BORUP PROPERTY (CHERRY LANE & MCDERRMOTT RD) CURRENTLY KNOWN AS THE BORUP PROPERTY PARKS & RECREATION COMMISSION P&R Commission Meeting Date: MARCH 14, 2007 Recommendation: The recommendation coming from the Parks & Recreation Commission is to temporarily name the Borup Property "WEST MERIDIAN COMMUNITY PARK". Key Commission Comments: • Property owner's right from the donation to name the proposed park property. Outstanding Issues for City Council: • Doug Strong talked to Keith Borup and he has no interest in naming the proposed park property. • There are no outstanding issues for City Council on this matter since Mr. Borup has no interest in naming the future park site on the property purchased by the city. APPROVED: Bruce MacCoy, President Revised Janustry 1Q, 2007 60 RU P PROPERTY: Park SIQnInA and Naming Committee Report John Nesmith, Chairman of the Park Signing and Naming Subcommittee held a meeting on January 31, 2007 to discuss the naming of what is currently being called the Borup Property. The recommendation coming from that meeting is to temporarily name the park land currently known as the Borup Property "West Meridian Community Park". The subcommittee would like the Parks & Recreation Commission to approve this recommendation and move it forward to the City Council for their approval. Park Sign and Naming Subcommittee Mtg 01/31/07 • • March 23, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Parks Department ITEM NO. 6-8-4 REQUEST Discussion of Proposed Baseball Park Complex Naming 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 J'" _ ~a r-~ ~~ ~ p ~ GI/ ~f' ./"~ ~~ ~ ~ V`.' See Attached Memo ~~ ~~ 4~ ,fi~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. Memo ~~ LIAR 2 ~ ~`:°~: ~ To: Mayor /City Council Cc: Will Berg From: Dou Stron '~~ 9 9 Date: March 21, 2007 Re: Proposed Park Complex Naming City of 1VYeridaan City Clerk OfficE During the March 14, 2007 Parks and Recreation Commission meeting, a recommendation was brought forward to name Meridian Settler's Park Baseball Complex currently known as the Meridian Youth Baseball Softball Complex the °`LEIGHTON FAMILY BASEBALL COMPLEX". Also brought forward as a recommendation was the naming of the main field to the north as the "TRACE LEIGHTON FIELD". Trace Leighton has been notified of the recommendation and was extremely overwhelmed and speechless by the recommendation from the commission. Trace has accepted the recommendation and feels honored for the entire family. The Parks & Recreation Commission approved the naming of the complex and main field therefore asking the Mayor and City Council for their approval. The Park Staff is also requesting Council approval that the Meridian Settler's Park baseball complex be named after the Leighton Family and the main field to the north be named after Trace Leighton at the March 27, 2007 City Council meeting. Backup documentation is enclosed for your review. Mar 2~ EQ7 11:57a ~~tzz~z~e7 ;, ~7.02td4 p.5 h~Ed~?ts P~ sue, _ 'Ifi~a~ ~~~~~n~~~~~~~ ~m€~asa~ the P & 'am i~ a~ ~~ ~ eta X11 ~ra~pf~a~ ~ a~.1 Seer's t® d ~ tB~ t~~tY~; ~:~~ Bruce Macxay ~5~;84 8~5~0~ %~~ t~~ east ~.~~' ~ m nr L`~!I~ ~-' ~i~~~j~n SUMMARY OF PARKS AND RECREATION COMMISSION'S 1 f' IDAN(~ COMMENDATION TO CITY COUNCIL Project Name: MERIDIAN YOUTH BASEBALL SOFTBALL COMPLEX NANIING Park: MERIDIAN'S SETTLER' S PARK Applicant: PARKS & RECREATION COMMISSION P&R Commission Meeting Date: MARCH 14, 2007 Recommendation: The recommendation coming from the Parks & Recreation Commission is to name the entire softball complex located in Meridian Settler's Park; "LEIGHTON FAMII.Y BASEBALL COMPLEX" and to name the main field to the north; "TRACE LEIGHTON FIELD" Key Commission Comments: • Personally notify Trace Leighton of the recommendation coming from the Parks & Recreation Commission on naming the complex and field in honor of the Leighton family and Trace Leighton himself. • Trace Leighton and the entire family has been instrumental in building the complex dedicating many hours, materials and supplies to the building of the complex. • Allow Meridian Youth BasebalUSoftball Inc. to use the other fields for fundraising purposes such as sponsor fields. Outstanding Issues for City Council: • There are no outstanding issues for City Council on this matter. • Trace Leighton has been contacted and he is extremely overwhelmed and speechless by the recommendation from the commission. Trace has accepted the recommendation and feels very honored for the entire family. APPROI~F.D: Bruce MacCoy, President ~~ Nesrraith, Dice President x~~aea Jay i o, aaa~ MERIDIAN YOUTH BASEBALL/SOFTBALL COMPLEX: Park Signing and Naming Committee Resort John Nesmith, Chairman of the Park Signing and Naming subcommittee held a meeting on January 31, 2007 to discuss the naming of the Meridian Youth Baseball Softball Complex and the main field to the north. The recommendation coming from the meeting is to name the entire complex: "Leighton Family Baseball Complex" The recommendation for the main field to the north is: "Trace Leighton Field" This would leave the remaining fields open to be used as an annual fund raiser for field sponsorships by Meridian Youth Baseball Softball, Inc. The subcommittee would like the Parks & Recreation Commission to approve this recommendation and move it forward to City Council for their approval. Park Sign and Naming Subcommittee Mtg 01/31/07 March 23, 2007 MFP 07-001 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT DyVer Development ITEM NO. 8 REQUEST Modification to the Final Plat to relocate the approved perimeter fencing for Medford Subdivision - SWC of Eagle Road and Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Aftached Commer~is CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Commenf 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. ~ ~ March 23, 2007 FP 07-006 MERIDIAN CITY COUNCIL MEETING March 27, 2007 q APPLICANT Creamline Park ITEM NO. 9 REQUEST Final Plat approval for 4 commercial building lots, 6 industrial lots and 3 common lots on 32.75 acres in I-Land C-G zones by Creamline Associates, LLC - 1200 W. Franklin 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: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See Attached Comments from Gas Co. MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LJ • BEFORE THE MERIDIAN CITY COUNCIL C/C March 27, 2007 IN THE MATTER OF THE APPLICATION OF CREAMLINE ASSOCIATES, LLC FOR FINAL PLAT APPROVAL OF 4 COMMERCIAL BUILDING LOTS AND 6 INDUSTRIAL BUILDING LOTS ON 32.75 ACRES IN C-G AND I- L ZONES LOCATED AT 1200 W. FRANKLIN ROAD INTHE W %Z OF THE SW 1/ OF SECTION 12, T. 3N., R.1W. CASE NO. FP-07-006 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 March 27, 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: March 27, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CREAMLINE PARK SUBDIVISION LOCATED IN THE WEST %Z OF THE SW '/ OF SECTION 12, T. 3N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREAMLINE PARK SUBDIVISION / (FP-07-006) Page 1 of 5 i • HANDWRITTEN DATE: 03/13/07, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", CREAMLIKE ASSOCIATES, LLC, 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 27, 2007, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIlZEMENTS, 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 Brad Miller, 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 response letter from Intermountain Gas Company, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their March 27, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their March 27, 2007 meeting, and specifically pertaining to the staff report, under Conditions of Approval, number 17 and General Requirement number 2, such that they now read as follows: CONDITIONS OF APPROVAL 17. *xnzi~~ixc "1 ,.., t1,e 4..1„« ,.o.. rmn 1i-~z~i-~ij~J~tl9 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREAMLIKE PARK SUBDIVISION / (FP-07-006) Page 2 of 5 Depict either fencing_,per UDC 11-3A-6B3, or the landscaping a,s an amenityper UDC 11-3A-6B2 adjacent to the 8-Mile Lateral on the plan. Include fencing details (i.e. construction materials & picture/sketch) on the plan. The fencing shall be installed with the final plat. GENERAL REQUIREMENTS 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 one building_permit maybe requested prior to recording the final plat. The Final Plat for this subdivision shall be recorded, prior to applying for additional building permits. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR CREAMLINE PARK SUBDIVISION / (FP-07-006) Page 3 of 5 ! ~ 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Deparhnent, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGIIT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREAMLIKE PARK SUBDIVISION / (FP-07-006) Page 4 of 5 • ICJ 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 of ~Q rC~. , 2007. 21~ day .~'`~~ ~ ~R T de WEERD ATTEST: ~ ~ ~ ~. ®''-- ~~ ; ~. - WILLIAM G. BERG, JR., C '- ~ ./~~J Pss////,JJJ-IJIPII It011111~~e``e~`~ Copy served upon: ~ Applicant -1~ Planning Department Public Works Department City Attorney By: _ Dated: 5- 2 ~ ~~ i y Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CREAMLIKE PARK SUBDIVISION / (FP-07-006) Page 5 of 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT s STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: March 27, 2007 Transmittal Date: March 22, 2007 Mayor and City Council Kristy Vigil, Assistant City Planner 208-884-5533 Michael Cole, Development Services Coordinator 208-898-5500 Creamline Park Subdivision -~'1 c Request for Final Plat Approval of Creamline Park Subdivision Consisting of 4 Commercial Building Lots and 6 Industrial Building Lots on 32.75 Acres in I-L and C-G Zones by Creamline Associates, LLC (File# FP-07-006). submittal and offer the following comments and conditions of the applicant. ~e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUIVIlVIARY & LOCATION The applicant, Creamline Associates, LLC, has applied for final plat approval of 4 commercial building lots and 6 industrial building lots on 32.75 acres of land for Creamline Park Subdivision. The zoning districts for the proposed subdivision are C-G (General retail and service commercial district) and I-L (Light Industrial). Creamline Park Subdivision is located on the north side of Franklin Road, approximately 350 feet east of Linder Road in the SW % of T. 3N., R. 1 W., Section 29. This property has not been previously platted. The City Council approved the preliminary plat for Creamline Park Subdivision on December 5, 2006. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Creamline Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ-06-048), development agreement (Inst. #107022431), and preliminary plat (PP-06-050) for this subdivision. 2. Prior to signature of the final plat by the City Engineer, the applicant shall submit an alternative compliance application to the Planning Department requesting a reduction to the 25-foot landscape buffer between land uses on the western property line to be a 10-foot landscape buffer with a 6-foot vinyl fence. Per the preliminary plat findings, the Fire Department reserves the right to restrict future uses that involve hazardous or flammable materials in areas that are only served by one access, this shall only apply to Lots 4-7 Block 1. r ,~ ~, ,. ep~1l ~` ! Irl t^~, ~ ~ q ~~ ~ ~ ,'1~' : `~ q . iorvic~ ~ r ~- r Exhibit "A" FP-07-006 Creamline Park Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Per the approved development agreement any future buildings shall be generally consistent with the submitted design goals for the subdivision. 5. The Final Plat approval for this subject phase shall expire on 12/05/08, if City Engineer's signature has not been obtained. 6. Sanitary sewer and water service to this site is being proposed via extensions of existing mains adjacent to the site. 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 standard forms of easements, for any mains that are required to provide service. 7. The applicant shall be required to upsize the water main in this development to a minimum of 10- inches. 8. The applicant shall be required to connect the water system to the stub on the eastern boundary of this subdivision installed with the 84 Lumber Building. 9. Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 10. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval shall be submitted prior to scheduling of a preconstruction meeting. 11. Nampa and Meridian Irrigation District requires that their pump stations are on a separate lot dedicated to them. Revise the plat to include this NMID lot. 12. Graphically depict a Pressure Irrigation Easement along 5-feet of each side of the proposed pressurized irrigation mains, which are not covered by the standard easement notes. 13. 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 fmal plat by the Meridian City Engineer. 14. The bearing depicted along the western boundary of this property does not appear to match the Bearing of Record, please confirm this and uaclude the bearing of record in parenthesis on the face of the plat. 15. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 03/13/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 1.) Revise to read, "... of the City of Meridian at the time of submittal". *.) Add note, "This plat is subject to a develo mU ent agreement recorded as instrument number 107022431 of Ada County Records." *.) Add a note advising of the floodplain that includes the FIRM map number. *.) Add a note dedicated a 10-foot wide Public Utilities, Drainage and Irrigation Easement along all public right-of--way, and the exterior boundary of this subdivision. 16. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be Exhibit "A" FP-07-006 Creamline Park Subdivision FP.doc PAGE 2 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 17. The landscape plan, prepared by South Landscape Architecture, P.C, and dated 02/20/07 shall be revised as follows, a. Depict the required fencing adjacent to the 8-Mile Lateral on the plan per UDC 11-3A- 6B3. The fencing shall be installed with the fmal plat. b. Include fencing details for the fencing adjacent to the 8-Mile Lateral (i.e. construction materials, & picture/sketch). c. Depict the required landscaping adjacent to the 8-Mile Lateral on the plan. The landscaping for the individual lots/buildings shall be reviewed with each individual CZC. Furthermore, the landscape buffer along the western property line shall be approved with the required alternative compliance application (see Site Specific Condition #2 above). Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 18. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 19. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 20. 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. 21. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Eight Mile Lateral, 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. Exhibit "A" FP-07-006 Creamline Pazk Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMI~~NDATION Staff recommends approval of the final plat for Creamline Park Subdivision (FP-07-00~ with the above stated comments and conditions. Exhibit "A" FP-07-006 Creamline Park Subdivision FP.doc PAGE 4 Kristy Vigil • 1'agc 1 of i From: Bradley E. Miller [bmiller@vanauker.com] Sent: Monday, March 26, 2007 12:36 PM To: Kristy Vigil Cc: 'Greg Schwanke; Ron Van Auker, KBrown@baileyengineers.com; AJLopez@baileyengineers.com; Justin Lucas Subject: Creamline Park Subdivision Kristy... Hope you are well. I have reviewed the Staff Report for the Creamline Park Subdivision and have a couple of items I wanted to mention. 1. Site Specific Conditions. Section 16. The only perimeter fencing which is required is the vinyl fence on the west boundary lot Lots 3, 4 & 5. We may provide additional perimeter fencing depending on the security and safety requirements of each use, but I want to make sure that this condition is not stating that we will provide perimeter fencing on the entire project. 2. Site S ecific Conditions. Section 17. Our intent is to incorporate the ditch into the overall development without the need for fencing. It is likely however that certain uses or tenants on the north side of the ditch will require perimeter fencing around the lot. The lots on the south side of the ditch will be mare commercial uses and the 8 Mile Lateral could be a great amenity. Can any fencing along the 8 Mile Lateral be subject to the requirements of UDC 11-3A-6B2? 3. General Requirements. Section 1. The City Council waived the requirement that we cover the ditch, so this item needs to be modified. 4. General Requirements. Section 2. We would like to have the right to submit for and receive building permits prior to the recordation of the Final Plat and other conditions stated in this section. We agree that a Certificate of Occupancy will not be issued until the Final Plat is recorded and the other conditions of this section are met. This Section 2 appears to be somewhat in conflict with Section 4. Section 4 appears to be consistent with what I am requesting. Please let me know you thoughts in regard to these items. Thanks, Brad Exhibit "B" 5!2/2007 LJ `'~, WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD P.O. BOX 7608 BOISE, ID 83707 (208)377-6000 FAX (208)377-6867 MAR 0 8 2001 To Planning and Zoning, ,,.. .,- ~F ~~~~~~ t.^ .. Intermountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, Mishelle Singleton Engineering Tech cc: Roger Phillips Exhibit "C" March 23, 2007 RZ 07-001 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Heritage Development, LLC ITEM NO. 1 ~ REQUEST Public Hearing -Rezone of 1.59 acres from an R-4 to an R$ zone for Deklan Subdivision -East of the NEC of W. 4th Street and Maple 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: COMMENTS SEE PZ Item Packet /Attached Minutes See Attached Recommendations MERIDIAN POST OFFICE: OTHER: See Piat Submitted by Megan Johnson / Afftdavlt of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials present®d at public meetings shall become property of the City of Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 PP 07-002 APPLICANT Heritage Development, LLC ITEM NO. 11 REQUEST Public Hearing -Request for Preliminary Plat approval of 6 single family building lots and 2 common lots on 1.59 acres in a proprosed R-8 zone for Deklan Subdivision -east of NEC of W. 4th St. and Maple 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: COMMENTS SEE PZ Item Packet /Attached Minutes See AtFached Recommendations MERIDIAN POST OFFICE: OTHER: See Plat Submitted by Megan Johnson / Atftdavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 AZ 06-059 APPLICANT Providence Development ITEM NO. 12 REQUEST Public Hearing -Annexation and Zoning of 224.26 acres from RR to R-2, R-4 & R-8 zones for Blackrock Casale Greens Subdivision -West of S. Eagle Road and South of Amity 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: COMMENTS See P >ii Z Item Packet /Attached Minutes See Attached Recommendations MERIDIAN POST OFFICE: OTHER: See Affidavit of Posting /Don CarrtreR >i~ Martin >li Patricia Fabricius Comments Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Date: Phone: March 23, 2007 MERIDIAN CITY COUNCIk. MEETING March 27, 2007 PP 06-059 APPLICANT Providence Development ITEM NO. 13 REQUEST Public Hearing -Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for BMckrock __ __ Castle Greens Subcllaislon -West of S. Eagle Rd ~ South of Amity 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 PAZ Item Packet / Se® Attached Minutes See Attached Recommendations See Attached Memo R~ Park Properly OTHER: See Afitdavit of Posting /Don Catdrep >!~ Martin & Patricia Fabdcius Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy o! Meridian. March 23, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Strada Bellissima, LLC ITEM NO. 14 REQUEST Public Hearing -Vacate the public utility, drainage & irrigation easements located on a portion of Lots 1, 2, 3 8~ 4, Block 2 of Strada Bellissima Subdivision No. 1 adjacent to 3015 S. Meridian Road for Strada Bellissima - 3015 S. Meridian 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 Objection 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. March 27, 2007 VAC 07-005 • March 23, 2007 RZ 06-014 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Joint School District No 2 ITEM NO. 15 REQUEST Ordinance -Rezone of 15.58 acres from an R-4 zone to an O-T zone for Joint School District No 2 - 911 N. Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Ordinance Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER d~'4VID NAVARRO AMOUNT .00 I SOISE IDAHO 03/~/O7 01~ M RE 0 DEDs REQUEST OF III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~ Martdlan Clty 1 g70~4~4344 CITY OF MERIDIAN ORDINANCE NO. ~ ~ ` l ~ ~ .3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT JOINT SCHOOL DISTRICT N0.2, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-014 - JOINT SCHOOL DISTRICT N0.2) FOR REAL PROPERTY BEING ALL OF BLOCK51, 6 AND 7, AND PORTIONS OF BLOCK 2, 3, 4, 5 AND S, NIDAY'S ADDITION A5 RECORDED IN BOOK 2 OF PLATS AT PAGE 75, ADA COUNTY RECORDER, TOGETHER WITH VACATED STREETS AND ALLEYS AS VACATED BY THE FOLLOWING DOCUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ADA COUNTY, IDAHO; INSTRUMENT N0.252762 RECORDED IN BOOK 19 AT PAGE 563 OF MISCELLANEOUS RECORDS, INSTRUMENT N0.247805 RECORDED IN BOOK 19 AT PAGE 396 OF MISCELLANEOUS RECORDS, INSTRUMENT NO. 369171 RECORDED IN BOOK 28 AT PAGE 14 OF MISCELLANEOUS RECORDS, INSTRUMENT N0.9610160 AND INSTRUMENT N0.8658134; TOGETHER WITH A PARCEL OF LAND LOCATED IN THE SOUTH % OF THE NORTHEAST I/ OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO O-T (OLD TOWN 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 REQUIItED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as E~chibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Joint School District No. 2. RE-ZONE OF JOINT SCHOOL DISTRICT N0.2 - RZ-06-014 Page 1 of 3 SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Density Residential) to O-T (Old Town District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian 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 fiill force and effect upon its passage, approval and publication. PASSED BY THE CITY CO//U,n,NCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 ? day of /yL ~ G~°- , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2~ ~ day of / `'~-~ ~ 2007. RE-ZONE OF JOINT SCHOOL DISTRICT N0.2 - RZ-06-014 Page 2 of 3 ATTEST. WILLIAM G. BERG, JR.; STATE OF IDAHO, ) ss. County of Ada ) e`er ~ ,~~'y,~~~Q;'~ ~"~ '~` e a~/_ ~~~ ~.E _/ ~ ~~~ 1 /,,,/ t 1~~~'4 de WEERD On this 2~~~(~ day of ~~~'(,,~~ C~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) s p~Y~l~1 Q~j Q •• Y •• ~pTAlp •• ~ • • e~• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~J'l~ fl ~, , 9~ MY COMMISSION EXPII2ES: /U ~s =i~ RE-ZONE OF JOINT SCHOOL DISTRICT N0.2 - RZ-06-014 Page 3 of 3 ~~ t ~, BAH O 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 06-268 Description for Rezone to "Old Town" Joint School District No. 2 November 14, 2006 Being all of Blocks 1, 6 and 7, and portions of Blocks 2, 3, 4, 5 and 8, Niday's Addition, as filed in Book 2 of Plats at Page 75, records of Ada County, Idaho, together with vacated streets and alleys as vacated by the following documents recorded in the office of the County Recorder of Ada County, Idaho: Instrument No. 252762 recorded in Book 19 at Page 563 of Miscellaneous Records, Instrument No. 247805 recorded in Book 19 at Page 396 of Miscellaneous Records, Instrument No. 369171 recorded in Book 28 at Page 14 of Miscellaneous Records, Instrument No. 96101060 and Instrument No. 8658134; together with a parcel of land located in the South %Z of the Northeast'/a of Section 12, Township 3 North, Range 1 West, Boise Meridian, Boise, Ada County, Idaho, more particularly described as follows: Beginning at a brass cap monument marking the East 1/4 corner of said Section 12; Thence along the mid=section line of said Section 12 North 89°26'40" West, 325.97 feet to a point marking the centerline intersection of W. Pine Ave. and W. 1St Street; Thence along said centerline of W. 1St Street North 00°23'08" East, 138.00 feet; Thence departing said centerline North 89°26.'40" West, 150.47 feet to a point on the East right-of--way of a public alley, said point also marking the Northwest corner of Lot 3, Block 2 of said Niday's Addition; Thence along said right-of--way of the North 00°23'33" East, 90.00 feet; Thence North 89°26'.40" West, 196.47 feet to a point on the West right-of--way of W. 2na Street said point also marking the Northeast comer of Lot 6, Block 3 of said Niday's Addition; `Thence North 00°24'01" East, 4.00 feet; Thence North 89°26'40" West, 119.72 feet; Thence South 00°28'50" West, 4.00 feet to a point lying on the East right-of=way of a public alley, said point also marking the Northwest corner of Lot 6, -Block 3_ .of said Niday's Addition; Thence North 89°26'38" West, 155.13 feet to a point that bears South 89°26'38'' East, 10.59 feet from the centerline of W. 3~ Street; Thence North 23°19'23" West, 31.04 feet; Professional) Land Surveyors I' Thence North 66°53'58" West, 135.79 feet; Thence North 89°26'22" West, 22.65 feet to a point on the Eastright-of--way of a public alley; Thence along saidright-of--way North 00°33'29" East, 353.58 feet to a point marking the intersection of the East right-of--way of said public alley and the centerline of vacated Carlton Ave.; Thence North 00°26' 18" East, 220.22 feet to a 5/8" rebar lying on the South boundary of Frost Addition, as filed in Book 12 of Plats at Page 674, records of Ada County, Idaho; Thence along said South boundary South 89°25'04" East, 791.24 feet to a point lying on the centerline of W. 1~` Street; Thence along said centerline South 00°28' 10" West, 219.77 feet to a point marking the centerline intersection of W. 1 ~` Street and Carlton Ave.; Thence along said Carlton Ave. centerline South 89°27'02" East, 148.03 feet; Thence South 00°23'23" West, 326.03 feet to a 5/8" rebar; Thence South 89°26'52" East, 168.01 feet to a point lying on the East section line of said Section 12; Thence along said East section line South 00°23'37" West, 336.11 feet to the Point of Beginning. Containing 15.58 acres, more or less. Prepared By: Idaho Survey Group, P.C. O15 ' 9 ~9 ~~114~0~~ ~ ~ ~~f~'k JO. SC ~~~ Patrick J. Scheffler, PLS p .OVAL. REV BY NC ~ ~ 7 24x6 I+~ERtD{AS pEPTIG WORK 0~ Z 7 L~~~ MERIDIAN PUBLBG WORKS DEPit. - _ WA HINGTON STREET - - - I - - ~ S 89'2 '04° E 791.24' i~ I c0 I I I I HI ~I ~~ 3 I I LINE TABLE LINE LENGTH BEARING L1 138.00 N 00°23'08" E L2 150.47 N 89°26'40" W L3 90.00 N 00°23'33" E L4 196.47 N 89°26'40" W L5 4.00 N 00°24'01" E L6 119.72 N 89°26'40" W L7 4.00 S 00°28'50" W L8 155.13 N 89°26'38" W L9 31.04 N 23°19'23" W L10 135.79 N 66°53'58" W L11 22.65 N 89°26'22" W IDAHO 1450 E. WATERTOWER ST. SURVEY ~ ~e o1 A n,, IDAHO 83642 GROUP, P.C. `~''~ I CARLTON AVE. -~ z a 0 I~ 1o I cc 11 6 11 © 11 M I NI I 3 I I e MI I M 3 V~1' M ~~ J I O 31 t- o 16 1 i 6 I O I 16 I O ~ ~ --L.- ~_ i_ ~_ 1 3 _ - ~1i4 ~ W. PINE AVE. N 89'28'40' W 325.97' S.12 5.7 I~ ~ LEGEND - - PROPERTY BOUNDARY LINE J L - - LOT LINE ~~ RIGHT-OF-WAY LINE - - - - CENTERLINE SCALE: 1 " = 200' EXHIBIT DRAWING FOR MERIDIAN JOINT SCHOOL DISTRICT N0. 2 ZONE CHANGE TO "OLD TOWN" ZONING LOCATED IN THE NE1/4 OF SECTION 12, T3N., R.1W.° B.M., MERIDIAN, ADA COUNTY, IDAHO msr OB-268 MEET N0. DWG. DATE 10/20/08 • • March 23, 2007 AZ 05-057 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Red Cliff Development, LLC ITEM NO. 16 REQUEST Ordinance -Annexation and Zoning of 17.25 acres from RUT and R1 to R8, R15 and C-G zones for Bienville Square Subdivision - 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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. ADA COUNTY RECORDER J.,~`VID NAYARRO AMOUNT .00 11 ~~ BOISE IDAHO 03/29/07 01:4, .,I DEPUTY Neaua Haney III I~~~~~~~~~'~~~~~I~~I'~I'~'III II' RECORDED-REQUEST OF II Meridian Ciy 107044~~#5 CITY OF MERIDIAN ORDINANCE NO. ~ ~"` l~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-05-057 BIENVILLE SQUARE SUBDIVISION) FOR ANNEXATION OF LAND BEING A PORTION OF THE NE 1/a OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND Rl (ADA COUNTY) TO C-G (COMMERCIAL GENERAL DISTRICT), R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WTTH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Mason Cree1~ LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT and Rl (Ada County) to C-G (Commercial General District), R-8 (Medium Density Residential District) and R-15 (Medium-High Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-05-057 BIENVILLE SQUARE SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ A/LCi~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1i~ ~~ day of _ /~~-yl`- , 2007. MAY T de WEERD ANNEXATION OF AZ-OS-057 BIENVILLE SQUARE SUBDIVISION Page 2 of 3 e~111f1i:i;i:tlf// ATTEST: - `~ ~~ ~, ~, t WILLIAM G. BERG, JR., CITY CLEI~~'® ~p ~~-~ , ~~~ ~.~'~ 9, c~ ,,/~~~~~haaeot aa4eaoti~~~~`l4~ STATE OF IDAHO, ) ss. County of Ada ) On this ~~;1~-G. day of `'')ti~ ~'1 C'~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ;S c~ ~~ ~~ ~S ~~~~ (SEAL) .~e.e~ NOTARY PUBLIC FOR IDAHO RESIDING AT: _ N~~ ~:L~~L ,~c{ MY COMMISSION EXPIRES: (0-~~=ll ANNEXATION OF AZ-05-057 BIENVILLE SQUARE SUBDIVISION Page 3 of 3 DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION ANNEXATION OCTOBER 24, 2005 A PARCEL OF LAND BEING A PORTIONS OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T, 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 955.14 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 691,06 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00° W 78,.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04° W 221.28 FEET TO A POINT; THENCE S 77°26'30° W 667.38 FEET TO A POINT; THENCE N 72°35'42" W 233.35 FEET TO A POINT; THENCE N 00°15'11° W 569.21 FEET ALONG SAID BOUNDARY TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 87°06'00" E 335.19 FEET TO A POINT; Rl~l ®VAL- 13Y THENCE N 77°06'00" E 267.75 FEET TO A POINT; MAR 0 9 2007 THENCE S 79°07'00" E 319.00 FEET TO A POINT; SERI®~ PUBLIG THENCE N 89°54'00° E 200.,00 FEET TO A POINT; WORKS ®EPT- THENCE S 64°11'00" E 79.87 FEET TO A POINT; ~ ---. ~ ~ ~~~ THENCE S 83°54'00" E 144.00 FEET TO THE REAL POINT 0 -'~ ~t-~ , OF THIS DESCRIPTION, COMPRISING 18.438 ACRES, MORE R L ~ • ~....d..I'.D...... f BIENVILLE-~?-NNEX ~ a_ .2 a ~® .. ~~~4llfil~ ~'°~~~L ~ DESCRIPTION FOR BIENVILLE SQUARE SUBDMSION R$ ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY N0.6418AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T.. 3 N., R.. 1 E.., B.M., THENCE S 00°00'00" E 677,57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 567,57 FEET TO A POINT; THENCE N 71°28'10"W 609.64 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 71°28'10" W 194.26 FEET TO A POINT ON THE BOUNDARY OF CAROL'S SUBDIVISION; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE S 00°15'11" E 1129.35 FEET TO A POINT; THENCE S 72°35'42" E 233,35 FEET TO A POINT; THENCE N 77°26'30" E 73.22 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13", A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171.74 FEET TO A POINT OF CURVATURE; THENCE 205.40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°28'023", A BIENVILLE-R-8 (. TANGENT OF 103,81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11 °16'08" E 53.21 FEET TO A POINT OF CURVATURE; THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21°17'37", A TANGENT OF 117.49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 69.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50,00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N $9°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.$1 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.,96 FEET AND A CHORD BEARING N 82°33'21 ° W 23.76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18..13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18,12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92,84 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.11 ACRES, MORE OR LESS. ®~/AL. BY MAR 0 ~ 2007 MERIDIAN Pl1BI.IC WOwcs BIEN~TILLE R-8 DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION C-G ZONE OCTOBER 13, 2005 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO.. 6418 AND OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T, 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677.57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00° E 968.63 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 90°00'00" W 78,21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 44°05'18" W 227.63 FEET TO A POINT; THENCE N 72°24'04" W 213.51 FEET TO A POINT; LEAVING SAID BOUNDARY OF CAROL'S SUBDIVISION: THENCE N 00°37'20" E 7$6.75 FEET; THENCE S 83°54'00" E 434.01 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 8.73 ACRES, MORE OR LESS. REVI OVAL BY $~ ~ 2007 ~. ?i~N PUBLIC ~~ ®EPT. BIENVILLE-CONIMERCIAI, DESCRIPTION FOR BIENVILLE SQUARE SUBDIVISION R15 ZONE MARCH 9, 2007 A PARCEL OF LAND BEING PORTIONS OF PARCEL "D" OF RECORD OF SURVEY NO. 8418 AND OF THE NE'I OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, 1DAH0, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R, 1 E., B.M., THENCE S 00°00'00" E 877.57 ALONG THE EAST LINE OF SAID SECTION 5 TO A POINT; THENCE N 83°54'00" W 434.01 FEET TO THE REAL PO1NT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°37'20° W 786.75 FEET; ALONG THE BOUNDARY OF CAROL'S SUBDIVISION THE FOLLOWING: THENCE N 72°24'04" W 7.77 FEET TO A POINT; THENCE S 77°28'30" W 594.16 FEET TO A POINT; LEAVING SAID BOUNDARY OF GAROL'S SUBDIVISION: THENCE N 00°37'20" E 132.52 FEET TO A POINT; THENCE S 89°22'40" E 105.87 FEET TO A POINT OF CURVATURE; THENCE 87.11 FEETALONG A CURVE TO THE LEFT, SAlD CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 99°49'13°, A TANGENT OF 59.40 FEET AND A CHORD BEARING N 40°42'43" E 76.50 FEET TO A POINT OF TANGENCY; THENCE N 09°11'53" W 171,74 FEET TO A POINT OF CURVATURE; THENCE 205,40 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 575.00 FEET, A DELTA ANGLE OF 20°2$'02", A TANGENT OF 103.81 FEET AND A CHORD BEARING N 01°02'08" E 204.31 FEET TO A POINT OF TANGENCY; THENCE N 11°18'08" E 53.21 FEET TO A POINT OF CURVATURE; BIENVTLLE-R-15 THENCE 232.28 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 625.00 FEET, A DELTA ANGLE OF 21 °17'37", A TANGENT OF 117,49 FEET AND A CHORD BEARING N 00°37'20" E 230.94 FEET TO A POINT OF TANGENCY; THENCE N 10°01'28"W 111.52 FEET TO A POINT OF CURVATURE; THENCE 89.25 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 79°21'123", A TANGENT OF 41.48 FEET AND A CHORD BEARING N 49°42'04" W 63.85 FEET TO A POINT OF TANGENCY; THENCE N 89°22'40" W 148.60 FEET TO A POINT OF CURVATURE; THENCE 23.81 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A DELTA ANGLE OF 13°38'38", A TANGENT OF 11.98 FEET AND A CHORD BEARING N 82°33'21" W 23,76 FEET TO A POINT OF TANGENCY; THENCE N 75°44'02" W 41.56 FEET TO A POINT ON A CURVE; THENCE 18.13 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 03°27'42", A TANGENT OF 9.07 FEET AND A CHORD BEARING N 15°59'49" E 18.12 FEET TO A POINT OF REVERSED CURVATURE; THENCE 93.21 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A DELTA ANGLE OF 17°48'08", A TANGENT OF 46.98 FEET AND A CHORD BEARING N 08°49'36" E 92.84 FEET TO A POINT ON A CURVE; THENCE S 71°28'10" E 609.64 FEET TO A POINT; THENCE S 83°54'00" E 133.58 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10.03 ACRES, MORE OR LESS. OVAL. BY MAR 0 9 2007 M SRI S DEF'TIC BIENVII,LE-R 15 ~- ~ USTlCK ROAD 32 33 I 5 ~4 I ~ ~ ~ ~ I UNPLATTED i ~~' ~ ~ ``~~``~. i. ~."' ~ ,~ I ._ S ~ "`,•. ~ ~~~ .. I N. ~~ z d `> 0 m cn , ~ N J ~ O ~ ~ U 0 0 z CAROL'S SUBDIVISION '~-~ ~`' 0 W J Ca ~Q o ~ rn co ~~ v . ~~ a aor ~s-aua ~ / I 78 21' I N 90`00'00' W MAR 0 ~ 2007 ~~s ®~P-~ J 2 O ~ REV~sIONS ANNEXATION EXHIBIT FOR 10/31/05 BIENVILLE SQUARE SUBDIVISION Stanley consultants ~~. LOCATED 1N THE NE 1 /4 OF SECTION 5, 1g4o s. aoNrro WAY TOWNSHIP 3 NORTH, RANGE 1 EAST, B_M. suITE 14D ~ ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 a 208--288-0573 DRAWN: MEM DATE: 10/20/05 SCALE: 1= 300' JOB N0. BIENVILLE USTICK ROAD J N Z REVISIONS iv 4 0 MEM REZONE EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1 /4 OF SECTION 5, "OWNSHIP 3 NORTH, RANGE 1 EAST, B. M_ ADA COUNTY, IDAHO DATE: 03/08/07 SCALE: 1= 300' ...~. LINE TABLE LINE LENGTH BEARING L-1 41.56' N 75'44'02" W L-2 148.60' N 89'22'40" W L-3 111.52' S 10'01'28" E L-4 53.21' S 13'16'08° W L-5 171.74' S 09'11'53° E L-6 ] 05.87' S 89'22'40" E L-7 132.52' S 00'37'20" W Stanley Consultants w~ 7 940 S. BONffO WAY SUITE '! 40 MERIDIAN, IDAHO 83642 208-288-0573 JOB N0. 19281 (18801} 3233 .~ ~ 5 14 UNPLATTED ~ I ~ L-z ~ I ~~~ ~ &Q96 ~ 5&7.57' w z + ```Oj33 S6 N 83'S`00~~ W o° 1V _O 434.01 0 M O m ~ ~ PROPOSED I N JL ~ _~ I BIENVI E SQUARE SU~DIVISlON ~I U' ~' R8 ZONE ~ ~ o `o z 10.11 AC~ ~ 0 03 ~ C o ^ C-G ZONE ~I ~ ~ I 8..73 AC. ~ .~ I I w I I 1 -6 ~' '>> ,,~ N ~~333~r. :VI ®V6~42" I'1' ,,.,~. 5g~6, 6673 0" W N 72'24'04" W ~ ~ 5 7~~26~ 221 28' s~?~ os s~ CAROL'S SUBDIVISION '8~ 78.21 N 90'00 00" W CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C-1 93.21' 300.00' 17'48'08° 46 98' N 08'49'36° E 9284' C-2 1813' 300.00' 3'27'42° 9.07' S 35'59'49" W 18.12' C-3 23.81' 100.00' 13'38'38° 11.96' S 8233'21° E 23.76' C-4 fi9.25' 50.00' 79'21'12° 41.48' N 49'42'04° W 63.85' C-5 23228' 625.00' 21'17'37" 117.49' N 0037'20° E 230.94' C-fi 205.40' 575.00' 20'28'02° 103.81' S 01'02'08° W 204.31' C-7 87.11' 50.00' 99"49'13" 59.40' N 40'42'43" E 76.50' • March 23, 2007 RZ 05-019 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT Red Cliff Development, LLC ITEM NO. 17 REQUEST Ordinance - Rezone of 10.05 acres from C-G to R-8, R-15 and C-G zones for Bienville Square Subdivision - 2935 Norfh Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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. ADA COUNTY RECOR '. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 03129/0 ~ x:49 PM DEPUTY Naava Haney RECORDED-REQUEST OF III IIII'I'lIIIIII'~(I~~'!I'~III~ II III Meridian City 1 ~~~'~~~~~ CITY OF MERIDIAN ORDINANCE NO. ~ ~~ ~ Q BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT MASON CREEK, LLC, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-05-019 - BIENVILLE SQUARE SUBDIVISION) FOR LAND BEING A PORTION OF THE NE 1/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM C-G (COMMERCIAL GENERAL DISTRICT) TO R-8 (MEDIUM DENSITY RESIDENTIAL), R 15 (MEDIUM-ffiGH RESIDENTIAL DISTRICT) AND C-G (COMMERCIAL GENERAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Mason CYeek, LLC. SECTION 2. That the above-described real property is hereby re-zoned from C- G (Commercial General Density) to R-8 (Medium Density Residential), R-15 (Medium- High Residential District) and C-G (Commercial General District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE OF BIENVILLE SQUARE SUBDIVISION- RZ-05-019 Page 1 of 3 (~ SECTION 4. That the City has complied with-all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 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 Z ~ day of ~ ~ ~- , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2~ ~ day of ~/~-~ G~ , 2007. MAYO ANIlViY de WEERD RE-ZONE OF BIENVILLE SQUARE SUBDIVISION- RZ-05-019 Page 2 of 3 ATTEST: ~~ WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) a~ ,~ ~ ::, ~~' ~'~J l = - ~ C"'' cITY cL3~I ~ ,~~ , ~~ , a o,/,O/,d~ ' ~~~,C`c> ,~ff'Pfllli liiiid4~~4,~ i On this ~ ~~ day of ~1' ~ (`~`L CL~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~~a~ (SEAL) .•••• ~~~••~•. • pTA,~ • ~ ~~ ~ P . . • `. ~ ••~~;~1~••• ••...•• ~~ ~ CM r~'1 Jk~l~'~.i~14--- NOTARY PUBLIC FOR IDAHO RESIDING AT: °"Yb~ (~, ~ ~~ MY COMMISSION EXPIRES: _ ~ p - / s- / ~ RE-ZONE OF BIENVILLE SQUARE SUBDIVISION- RZ-OS-019 Page 3 of 3 DESCRIPTION FOR NORTH PARCEL BIENVILLE SQUARE ANNEXATION MARCH 22, 2007 A PARCEL OF LAND BEING A PORTION OF PARCEL ND" OF RECORD OF SURVEY NO. 6418 AND ROAD RIGHT OF WAY, LOCATED IN THE NE'/< OF THE NE'/ OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, T. 3 N., R. 1 E., B.M., THENCE S 00°00'00" E 677..57 ALONG THE EAST LINE OF SAID SECTION 5 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°00'00" E 277.57 FEET ALONG SAID EAST LINE TO A POINT; THENCE N 83°54'00" W 144.00 FEET TO A POINT; THENCE N 64°11'00" W 79.87 FEET TO A POINT; THENCE S 89°54'00" W 200.00 FEET TO A POINT; THENCE N 79°07'00" W 319.00 FEET TO A POINT; THENCE S 77°06'00" W 267.75 FEET TO A POINT; THENCE S 87°06'00" W 335.19 FEET TO A POINT ON THE EASTERLY BOUNDARY OF CAROL'S SUBDIVISION N0.2; THENCE N 00°15'11" W 560.14 FEET ALONG SAID BOUNDARY TO A POINT; THENCE S 71°28'10" E 803.90 FEET TO A POINT; THENCE S 83°54'00" E 567.57 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, COMPRISING 10,43 ACRES, MORE OR LESS. 19281-NORTH-PARCEL ~_ (. USTICK ROAD 32 33 5 i4 I i i UNPLATTED s I~ r•..:..: ,.~`~ .. 8' 2810• ~ i ~ .... ...:•...,. i .... r ...... -• :'.•~..~ 567 i o Z ~ .. .. ... ~-.+.~~~, .ST o tY (n int. f~~E~I f~~J S . A~ NE?~.A:~~~ ... .. ~ ~^ o° ... ........... ...... ...................~ 31 ~~•~;,~;;,;;;,~....•..... ~ ..................~~,w,,.: 75' 9 0 .. ~ ,.,..~.~ 267 ,w N 79° 0 200.00 ~} ~ = t] ~ ~ S 8706100"W g 77'06 00 07'00 ~~W g 89'54'00'00 l l ~ O J ~ i~i ° °~ °o o f tY Q ~'N BIENVILLE SQUARE SUBDIVISION ~~ ~~~ ~ ~ v Z~ ° ANNEXATION Z z+ r° w ~ 18.438 AC ~ ;~ i ~ !~ I~~+ A/ 233 3\_'+'""~~ g6 6; 0' W N 72"24'04" W 2`` i 1 ~2 35.42. S 77 Z 221 28' SOS su' w CAROL'S SUBDIVISION '~~ ~ ~ ~s 21' ~ N 90' 00 QO" W I I i a ~ REVISIONS ANNEXATION EXHIBIT FOR ~~ 4 10/31/05 gIENVILLE SQUARE SUBDIVISION LOCATED 1N THE NE 1 /4 OF SECTION 5, ~tan~ey Consultan#s ENS 1940 5 BONITO WAY TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. suITE Too ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 ' 208-288-0573 a ORAWN: MEM DATE: 03/22/07 SCALE: 1= 300' JOB N0. 1928] ~. USTICK ROAD 3233 - - - I .- - -. ____ - - - 5 14 UNPLATTED ~I X94 2g r ` N ,'~Q3 90 ~ j v~,~- 2 C~ 508 6g~ 567.57' w z ~ 133 56 N `5400" W o0 N _O 434.01 ,,°o M O o N ~ PROPOSED ~ ~ ~ I BIENVI E SQUARE SUBDIVISION ~I -U' ~ R8 ZONE -° ^ o o z 10.11 AC_ ~ RO 03 ACE o ^ C-G ZONE ~I w 8.73 AC. ~ J ~ I I ~ I L'-' I I ~.r 596 '~ ~ JJ N 7 2333, 3.? 6 ~~3p" W N 72"24'04" W 2sr~'2 2 3g 42 g 77.2 221 28' ~~ E ~Y ~~ ~ CAROL'S SUBDIVISION s'~~-- MAR 0 92007 N 90.00 os w ~iEf2lt~l~9 PU~LI~ CURVE TABLE j y Z O ° REVISIONS iJ a c~ MEM REZONE EXHIBIT FOR BIENVILLE SQUARE SUBDIVISION LOCATED IN THE NE 1 /4 OF SECTION 5, '-OWNSHIP 3 NORTH, RANGE 1 EAST, B. M_ ADA COUNTY, IDAHO 03/08/07 ~ SCALE: 1= 300' LINE TABLE LINE LENGTH BEARING L-1 41.56' N 75'44'02" W L-2 148.60' N 89'22'40° W L-3 111.52' S 10'01'28° E L-4 53.21' S 11'16'08° W L-5 171.74' S 09'11'53" E L-6 105.87' S 89'22'40" E L-7 13252' S 00'3720" W Stanley Cor'lsultants ~. 1940 S, BON7T0 WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-fl573 JOB N0. 19281 (18801} CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C-1 93.21' 300.00' 17'48'08° 46 98' N 08'49'36° E 9284' C-2 1813' 300.00' 3'27'42° 9,07' S 75'59'49" W 18.92' C-3 23.81' 100.00' 1338'38° 11.96' S 82'33'21" E 23.76' C-4 69.25' 50.00' 7921'12" 41.48' N 49'42'04° W 63.85' C-5 23228' 625.00' 21'17'37" 117.49' N 0037'20° E 230.94' C-6 205.40' 575.00' 20'28'02" 103.81' S 01'02'08° W 204.31' C-7 87.11' 50.00' 99'49'13" 59.40' N 40'42'43" E 76.50' March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 RZ 06-013 APPLICANT Paradigm Real Estate Holding ITEM NO. REQUEST Ordinance No. -- Request for a Rezone of .43 acres from an R-8 to O-T zone for Valley Shepherd Church of the Nazarene Property at 39 W. Pine Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Ordinance Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. ADA COUNTY RECORQE~DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 03/~/O7 , PM DEPUTY Neaua Haney RECORDED-REQUEST OF III I~II~I~I~I~III~II~IIIII~III~III III Meridian City i ~~F1~43~#S CITY OF MERIDIAN ORDINANCE NO. D ~ - l ~3Q BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT VALLEY SHEPHERD CHURCH OF THE NAZARENE, THE OWNERS OF CERTAIN REAL PROPERTY HA5 MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-013 -VALLEY SHEPHERD CHURCH OF THE NAZARENE) FOR REAL PROPERTY BEING THE WEST % OF LOT 1, BLOCK 1 OF THE WEST VIEW ADDITION TO MERIDIAN LOCATED IN THE NORTH %Z OF THE SOUTHEAST % OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDTiJM DENSITY RESIDENTIAL) TO O-T (OLD TOWN DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCII. OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Valley Shepherd Church of the Nazarene. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential) to O-T (Old Town District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE OF VALLEY SHEPHERD CHURCH OF THE NAZARENE- RZ-06-013 Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 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, h IDAHO, this ~ day of ~ ~ G~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ?i7 day of ~ ~ ~~- 2007. /~~ MAYOR de WEERD RE-ZONE OF VALLEY SHEPHERD CHURCH OF THE NAZARENE- RZ-06-013 Page 2 of 3 ~l~ ; - ~; ATTEST: ~,`` ~~ _ /~ _~ ~ "~ WILLIAM G. BERG., JR, CITY CLEF ~ ~~' ° iiy ~~ ~ ~ ~ ~~ • e~~'~ e~ ~ ~° ~4® ///'~~~~'rrrlrrnaa aai®aaaa°®,4q~a STATE OF IDAHO, ) ss. County of Ada ) On this Z~~ day of ~7C~ j ~ `~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~1~~~~ ~ ~~~ ~ ~~~ (SEAL) ~®....,• NOTARY PUBLIC FOR IDAHO .•~®Q~ $~I.~`•,~ RESIDING AT: rl'J.~' ~`~~ , ~a~ :. ~0,~~~..~,,.: MY COMMISSION EXPIRES: /~ /S = // ® ~'~_ ~9' • ~ i r • ~ ~ • o a ~ e • e • a~ e • '•...~• RE-ZONE OF VALLEY SHEPHERD CHURCH OF THE NAZARENE- RZ-06-013 Page 3 of 3 ~" 92£Vl ~ae .,~ ~Y `/ November 1, 2006 •• flAERIDI,Afd F'UBLi~' Project: Garland Risner -~oRKSDepT. 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 SEC~.'ION 12 T.3N.,R.1W., B.M.,. CITY OF MERIDIAN, ADA COUNTY, IDAHO /~i 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. ,Ft. 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 Fi~.'st St . thence leaving said centerline of West Pine Ave. South 028'51" West 114.57 feet along the centerline of West First St. to a point; thence leaving said easterly boundary South 8,921'36" East 162.65 feet along the southerly boundary of the said°Tnlest 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 038'03" East 114.69 feet to the point of beginning. SUBJECT TO: AlI existing easements and road rights-of-way of record or appearing on the above d~scr~s~rcel of land. ~`~' epared by f hn T. Eddy PLS 972 9 ~ :~f'~a ~~ Boa ~ ~y n J ~l R ~ ~ z ~ $ ~ ~ ~ yDa ~~ ~ ~~~ ~~ ~ e ~ ~~ ~~ ~~~~ ~i ~ I I $ ~ N O ~ ~~< ~ o I ~ ~~~$~~ ~~~ ~ ~ m U W C ~ ~ ® d~ 6 .,_- p ~~r ~ a ,yam I 'Y m • ~, --- ~ I w------------OYO~I N670/dO`Y H1d~ON .~ ------- . -----~---- I '~ I~ o ~ ~• ~~ ~~ ~ n~~ _ _~ ~ I W j ,~°~ ~~ o j ~- I X30 ~ ~~ ~,~ ~, z - - ~ ~I ~~ !~ ° o ~j ~I o "~ I b ~ ,~ ~ ~ - ~I - y r" ~ ~~ , i~ j ,~ ~,, - - g j .~F~ ~~sg -~------ 9N/~9 .~O S/519 I ~ - ' ~ • March 23, 2007 MERIDIAN CITY COUNCIL MEETING AZ 06-044 March 27, 2007 APPLICANT Dan Wood ITEM NO. 19 REQUEST Ordinance 07-1289A -Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision - 2135 East Amity 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: Corrected Legal attached to Ordinance See Attached Ordinance MERIDIAN POST OFFICE: OTHER: Originally Approved January 16, 2007 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ( ADA COUNTY RECORD DAVID NAVARRO AMOUNT .00 BOISE IDAHO 03/29107~..~9 PM DEPUTY Neava Haney II I I (II'I'III II I I II I'~ I' I I'I II II II'll RECORQEQ-REQUEST OF 1~7~44~43 Meridian City CITY OF MERIDIAN AMENDED ORDINANCE NO. 07-1289A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE (AZ-06-044 WHITEBARK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE EAST %Z OF THE NORTHEAST I/ OF THE NORTHWEST '/ OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Cindy K. Lewis Trust. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. AMENDED ANNEXATION OF A~06-044 WHITEBARK SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote ofone-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z? day of /~?i~-~-- 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2~ ~ day of /~~ ~-- , 2007. ~~ i~~~/y MAYOR de WEERD AMENDED ANNEXATION OF AZ-06-044 WffiTEBAItK SUBDIVISION Page 2 of 3 \`~lt ATTEST: Y ~ ~~ WILLIAM G. BERG, JR., CITY CLERK®~ ~ ~, ~~.~ , F;~ ~~ s`; STATE OF IDAHO, ) ss. County of Ada ) On this ~r~~' day of ~ ~,-~ C`'~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) : `•• ~ ~ s® • O ~• • .. ® ~ e • i e ® . • ~ e ~+ ~~~ ~%.~~~~ L t ~? NOTARY PUBLIC FOR IDAHO RESIDING AT: /YL~ ~`j~ ~~~ MY COMMISSION EXPIRES: /C~ /S -// AMENDED ANNEXATION OF A7ri16-044 WHITEBARK SUBDIVISION Page 3 of 3 IDAHO SURVEY GROUP 1450 East Watertower St Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 May 1, 2006 Revised August 10, 2006 Lewis Annexation Description A portion of the East 1/2 of the NE 1/4 of the NW 1/4 of Section 32, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 29, 30, 31, and 32 of T.3N., R.lE., B.M.; Thence South 89°43'50" East, 1983.82 feet to the REAL POINT OF BEGINl\TING. Thence continuing along the North boundary of said Section 32 South 89°43'50" East, 500.72 feet; Thence South 00°18'40" West, 356.50 feet; Thence South 89°43'50" East, 160.50 feet to a point on the North-South mid- section line of said Section 32; Thence South 00°18'40" West, 980.66 feet to the C-N 1/16 corner; Thence North 89°45' 14" West, 661.99 feet to a 3/4" iron pin set in a concrete filled 6"XS' iron post; Thence North 00°20'39" East, 1337.43 feet to the Point of Beginning. Containing 19.0 acres, more or less. Prepared By: Idaho Survey Group, P.C. ~yi ' p~ppapVAL. ®1( MAR 1 ~~ ~ ~ WORK8 ~P~~G ® ~r~ ofr ®~~ \~~ ~ D. Terry Peugh, PLS Professional Land Surveyors ~` (" ~_-. ~ ~ ~g U~ ~ a J ~ 4q ,, ~ ~~ ~ _ ~~ • .... QY ~ ~ p ~~ ~ aQ Lil ? ~ ~~~~ m " ~~ ~ ~ p ~ ~ ~~~ 8 W oa ,.,~ ~ - p ~W~ . soon s'4o"w W ~ S00'18'4o"W ~ ~ ~ 1 co ~ o, ~ ~. ~ ~ w I ~ ~ I F ~ w~°n~; ~? ;~~ ~~ ~? +~ ~ ava `~; ~ w ' . ; z ~ ~ W~ ~ ~Q ~ ~ ~ M~ o N00'2o'39"E ~' ~ a 1337.43' ~ `- z 0 N t~ j ~ In i (% j ~ r~ I r7 ~ ~i ~~ March 23, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Ordinance -New Fireworks Ordinance - 3rd Reading • March 27, 2007 ITEM NO. ZO AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: COMMENTS See Attached Ordinance CITY BUILDING DEPT. CITY WATER DEPT: I CITY SEWER DEPT: 'n ~/ ` ' CITY PARKS DEPT: U 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: ~6~° Contacted: Date: Emailed: Phone: ~iuii nnncaw. Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ®` ~ 6 ~~ r BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA 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; SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS; INSPECTIONS BY FIItE CHIEF; PERMITS FOR RETAIL SALES OFNON-AERIAL COMMON FIREWORKS; RETAIL SALES OF NON- AERIAL COMMON FIREWORKS; STORAGE OF NON-AERIAL COMMON FIREWORKS; GENERAL PROHIBITIONS; LIABILITY OF PARENTS OR GUARDIANS; VIOLATIONS AND PENALTIES; PERMITS FOR PUBLIC FIREWORKS DISPLAYS; AND PUBLIC FIREWORKS DISPLAYS. WHEREAS, the regulation of the sale, storage, possession, and dischazge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to pass police regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq.), specifically, Idaho Code § 39-2604(1) authorizes the City of Meridian to require a permit for the retail sale of non-aerial common fireworks; and WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code § § 39-2601 et seq.), specifically, Idaho Code § 39-2605(1) authorizes the City of Meridian to require a permit for a public fireworks display; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39- 2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 4, Title 5, of the Revised and Compiled Ordinances of the City of Meridian be repealed. SECTION 2: That a new Chapter 4, Title 5 shall be enacted to read as follows: Section 5-4-O1: SHORT TITLE: MERIDIAN FIREWORKS ORDINANCE Page 1 of 22 This chapter shall be known as THE MERIDIANFIREWORKS ORDINANCE. Section 5-4-02: DEFINITIONS: A. FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including items classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. B. DANGEROUS FIREWORKS: All fireworks other than non-aerial common fireworks. C. NON-AERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Non-aerial common fireworks shall not include firecrackers, jumping jacks, or similar products. D. NOVELTY FIREWORKS: Any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance. E. OPERATION: A business, whether formally or informally organized, in which the operator sells fireworks at retail. F. OPERATOR: Any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers. G. SHORT-TERM STORAGE CONTAINER: Any container that is used for the storage of non-aerial common fireworks when: 1. The non-aerial common fireworks stored therein are possessed under the authority of a Non-aerial Common Fireworks Permit and: a. The operation is closed, and/or b. Such fireworks are inventory and/or not actively being sold or offered for sale. MERIDIAN FIREWORKS ORDINANCE Page 2 of 22 2. The non-aerial common fireworks stored therein are possessed under the authority of a Public Fireworks Display Permit and such fireworks are not actively being used for public fireworks display. Except as otherwise provided in this chapter, for purposes of this definition, short- term storage facilities may include, but are not limited to, the following, where fireworks are stored therein: any stand, tent, truck, trailer, or other vehicle; a fully enclosed inter modal container; or a shed, detached garage, barn, outbuilding, or other permanent structure. H. SUMMER SALES AND USE PERIOD: From 11:59 p.m. June 22 to 11:59 p.m. July 5. I. WINTER SALES AND USE PERIOD: From 11:59 p.m. December 25 to 11:59 p.m. January 1. J. CARETAKER UNIT: A recreational vehicle or motor vehicle equipped as living quarters parked at the site of an operation for the purpose of providing security for an operation during non-business hours. This definition shall not include camping tents. K. PERMITEE: The person to whom aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit is issued pursuant to this chapter. L. PUBLIC FIlZEWORKS DISPLAY: The discharging of fireworks for the purpose of producing a visible or audible effect. This definition shall not include the discharging of novelty fireworks. M. TEMPORARY FIREWORKS STAND: A temporary stand or tent from which non- common aerial fireworks are sold and/or offered for sale. A temporary fireworks stand may serve as a short-term storage container pursuant to the provisions of this chapter. Section 5-4-03: SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS: A. The sale, storage, possession, and/or discharge of dangerous fireworks is prohibited at all times, except where such sale, storage, possession, and/or discharge complies with: 1. A Public Fireworks Display Permit validly issued pursuant to this chapter; and 2. All provisions of this chapter. B. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of non-aerial common fireworks is prohibited at all times, except that non- MERIDIAN FIREWORKS ORDINANCE Page 3 of 22 aerial common fireworks may be sold and/or stored during the summer sales period or the winter sales period so long as such sale and/or storage complies with: 1. ANon-aerial Common Fireworks Permit validly issued pursuant to this chapter; and 2. All provisions of this chapter. C. The possession for purposes of discharge and/or discharge of non-aerial common fireworks is prohibited at all times, except that non-aerial common fireworks maybe possessed and/or discharged during the summer sales period, the winter sales period, or the period specified in a validly issued Public Fireworks Display Permit, so long as such possession and/or discharge complies with all provisions of this chapter. D. Novelty Fireworks maybe sold, stored, possessed, and/or discharged at any time. Section 5-4-04: INSPECTIONS BY FIRE CffiEF: The Fire Chief and/or his or her designee shall be authorized to: A. Inspect any and all operations at which fireworks are sold, offered for sale, and/or stored to ensure compliance with this chapter and any and all other applicable laws. B. Inspect any and all temporary fireworks stands from which fireworks are sold, offered for sale, and/or stored. C. Inspect and/or require operator to produce any records required by law. D. Revoke aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit on the grounds and pursuant to the procedures set forth in this chapter. E. Conduct any other inspections or undertake any other acts authorized by this chapter and any and all other applicable laws. Section 5-4-05: PERMIT FOR RETAIL SALES OF NON-AERIAL COMMON FIREWORKS: A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess or store for the purpose of sale; sell; cause to be offered for sale; cause to be possessed or stored for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose. MERIDIAN FIlZEWORKS ORDINANCE Page 4 of 22 B. Application for aNon-aerial Common Fireworks Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If operation is a partnership, corporation, or limited liability company, the names and addresses of, as applicable: a. All partners; b. All corporation and corporate officers; or c. T'he company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Idaho sales tax seller's permit number, if applicable; 6. Physical address and description of each and every location at which fireworks are to be stored; 7. Dates during which non-aerial common fireworks are to be stored; 8. Physical address and description of any and all locations at which non-aerial common fireworks are to be sold and/or offered for sale; 9. Dates during which non-aerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short-term storage container to be located at the sales site; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans. MERIDIAN FIREWORKS ORDINANCE Page 5 of 22 C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter; and 2. Whether use of such permit by applicant or applicant's agent, employee, partner, or officer will likely endanger the health, safety, and/or welfare of persons or property. The City Clerk shall notify the Planning Department, Building Department, Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Non-aerial Common Fireworks Permit. D. Applications for Non-aerial Common Fireworks Permits authorizing the permitee to sell non-aerial common fireworks during the summer sales period or during the winter sales period shall be filed with the City Clerk on or before April 15, or the next business day if such date falls on anon-business day. E. So long as the application is filed by the applicable April 15 deadline, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant more than 30 days after the respective April 15 deadline shall be denied. F. A separate application shall be filed for each and every operation and location at which non-aerial common fireworks are to be sold and/or offered for sale. G. An operator intending to sell fireworks during the winter sales period pursuant to a Non-aerial Common Fireworks Permit shall provide written notification of such intent to the City Clerk by mailing same by U.S. Post to the City Clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. H. The City Clerk shall deny an application for aNon-aerial Common Fireworks Permit: 1. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. MERIDIAN FIREWORKS ORDINANCE Page 6 of 22 2. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding one (1) year of a violation of the Unified Development Code of the City of Meridian. 3. Where the City has revoked from applicant, or applicant's agent, employee, partner, orofficer aNon-aerial Common Fireworks Permit issued pursuant to this chapter, in the preceding one (1) year. 4. Where the Planning Department, Building Department, Fire Department or Police Department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property. Any denial of an application for aNon-aerial Common Fireworks Permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. I. Each Non-aerial Common Fireworks Permit application shall be accompanied by an application fee of twenty-five dollars ($25.00) for each operation for which a permit is sought. J. Each Non-aerial Common Fireworks Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. K. ANon-aerial Common Fireworks Permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. L. The City Clerk, the Fire Chief, or a designee of either, may revoke aNon-aerial Common Fireworks Permit issued pursuant to this chapter where: MERIDIAN FIREWORKS ORDINANCE Page 7 of 22 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of Meridian City Code, including, but not limited to, this chapter. Any revocation of aNon-aerial Common Fireworks Permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing address as set forth in the application. The permitee may request a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-06: RETAIL SALES OFNON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The sale of non-aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess for the purpose of sale; sell; cause to be offered for sale; cause to be possessed for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose. B. Only one (1) temporary fireworks stand shall be allowed per site. MERIDIAN FIREWORKS ORDINANCE Page 8 of 22 C. No temporary fireworks stand used during the summer sales period shall be erected before June 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on July 12. No temporary fireworks stand used during the winter sales period shall be erected before December 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on January 8. D. One (1) caretaker unit maybe allowed per sales site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five feet (25') from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8. E. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. F. Non-aerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, andlor business shall not be conducted within the public right-of--way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by a structure, stand, tent, or sign associated with an operation, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. G. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for access as established by the appropriate transportation authority. H. No operation shall sell non-aerial common fireworks and/or offer non-common aerial fireworks for sale at a location lacking adequate off-street parking upon asphalt or other dustless material. Inadequate parking shall include, but shall not be limited to, such situation where parking by patrons of the operation displace off-street parking spaces or loading areas serving the site's permanent and/or primary use(s). I. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise. J. No person shall construct, or cause to be constructed, any permanent structure for the sale and/or offering for sale of non-aerial common fireworks. No operator may sell or offer for sale non-aerial common fireworks from or in a permanent structure. MERIDIAN FIREWORKS ORDINANCE Page 9 of 22 K. No person shall have an open flame oruse anexposed-element heating device in any temporary fireworks stand. L. During business hours, each and every operation shall be staffed by at least one (1) person who is twenty-one (21) years of age or older. M. No person under sixteen (16) years of age shall be allowed in the non-public areas of a temporary fireworks stand. N. No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. O. Fireworks offered for retail sale shall not be readily accessible to the public. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands. 1. Any and all temporary fireworks stands shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and all required permits. 2. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within athirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of six hundred (600) square feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two feet (32') of rear wall in excess of thirty-two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. MERIDIAN FIREWORKS ORDINANCE Page 10 of 22 5. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one (1) type 2AlOBC rated fire extinguisher, and one (1) 2A water type fire extinguisher. Such extinguishers shall, at all times: be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as ashort-term storage facility, in which case all provisions of this chapter governing short-term storage facilities shall apply, including, but not limited to, section 5-4-07(J). 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within fifty feet (50') of any temporary fireworks stand. 13. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least two (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 15. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all MERIDIAN FREWORKS ORDINANCE Page 11 of 22 temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be non- combustible and shall have asecurely-fitting lid. 17. All permits are required to be posted in the stand at all times. Section 5-4-07: STORAGE OF NON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The storage of non- aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall store for the purpose of sale or cause to be stored for the purpose of sale non-aerial common fireworks in any manner or for any use or purpose. B. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per site. C. Short-term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8. D. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. E. Short-term storage containers shall not be placed or erected within the publicright-of- way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by ashort-term storage container, a minimum width of four feet (4') shall remain unobstructed along the entire~width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. F. No person shall construct, or cause to be constructed, any permanent structure for the storage of non-aerial common fireworks. G. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator. MERIDIAN FIREWORKS ORDINANCE Page 12 of 22 H. No operator shall cause or allow any exit from ashort-term storage container to be obstructed, unopenable, inaccessible, or malfunctioning. I. As to each and every short-term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers. 1. Any and all short-term storage containers shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and all required permits. 2. Non-aerial common fireworks may be stored in a short-term storage container no longer than sixty (60) days prior to, and fifteen (15) days after, the dates during which the sale ofnon-aerial common fireworks is allowed under aNon-aerial Common Fireworks Permit. The storage of fireworks by any person at any other time or for a longer duration shall be unlawful. 3. Prior to erecting, placing, and/or utilizing any short-term storage container, and throughout the applicable sales period, the ground underlying such short-term storage container and all ground within athirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. 4. No short-term storage container shall have a floor area in excess of three hundred and twenty (320) square feet. 5. Any and all short-term storage containers shall be located at least twenty-five feet (25') from any other building or structure, including, but not limited to, any temporary fireworks stand. 6. Any and all short-term storage containers shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all short-term storage containers shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. Any and all short-term storage containers shall contain a minimum of one (1) pressurized water fire extinguisher with a minimum rating of 2A, which fire extinguisher shall be located in an accessible and visible location within forty- eight inches (48") of the access door. If such container has more than one access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight inches (48") of each and every access door. MERIDIAN FIREWORKS ORDINANCE Page 13 of 22 9. No person shall sleep at any time in any short-term storage container. 10. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any short-term storage container. 11. No person shall smoke within any short-term storage container, nor within fifty feet (50') of any short-term storage container. 12. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 13. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 14. No operator shall permit a fire nuisance or hazard to exist in or around any short- term storage container. 15. No operator shall permit the accumulation of rubbish or trash in or around any short-term storage container. 16. Waste receptacles or garbage cans are prohibited in any and all short-term storage containers, unless such receptacle is non-combustible and has asecurely-fitting lid. J. Where a temporary fireworks stand is used as ashort-term storage facility, such temporary fireworks stand: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter. 2. Where such temporary fireworks stand is constructed with hard sides, shall be secured with a lock and key at all access points. 3. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. A dog or other animal is not a substitute for a person for purposes of this section. MERIDIAN FIREWORKS ORDINANCE Page 14 of 22 ~ ., K. Where a truck trailer or a vehicle is used as a short-term storage container, such truck trailer or vehicle: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter. 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. 3. Be marked in accordance with United States Department of Transportation requirements. L. Where a permanent building or structure is used as a short-term storage container, such structure: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter; 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading; 3. Shall contain no open flames; 4. Shall have no heating source; 5. Shall have no lighting source, except that hand-held, battery-operated flashlights may be used therein; and 6. Shall be separated by a minimum of twenty-five feet (25') from any other structure that: a. is used as a residence or business; b. is used for human habitation; c. contains open flames; d. contains a heating source; andlor e. contains a lighting source. Section 5-4-08: GENERAL PROHIBITIONS: A. It shall be unlawful for any person to: MERIDIAN FIREWORKS ORDINANCE Page 15 of 22 1. Alter any fireworks, except where such alteration complies with: a. A Public Fireworks Display Permit validly issued pursuant to this chapter; and b. All provisions of this chapter. 2. Throw or discharge any fireworks from, into or at a vehicle or structure. 3. Throw or discharge any fireworks at any person. 4. Sell, store, possess, discharge, or use fireworks in violation of this chapter. 5. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the Fire Chief or his/her designee, provided that notice of such areas is given in advance. 6. Discharge fireworks within three hundred feet (300') of any temporary fireworks stand or short-term storage container. 7. Smoke within fifty feet (50') of any temporary fireworks stand or short-term storage container. 8. Ignite a flame within fifty feet (50') of any temporary fireworks stand or short- term storage container. 9. Park a motor vehicle within twenty-five feet (25') of any temporary fireworks stand or short-term storage container. l0. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container. B. It shall be unlawful for any person under the age of sixteen (16) years to purchase, possess, or discharge fireworks, except in the presence of a parent or legal guardian. Section 5-4-09: LIABILITY OF PARENTS OR GUARDIANS: The parent, guardian or other person having custody or control of a minor shall be liable for damage caused by the discharge or use of fireworks by the minor. Section 5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. MERIDIAN FIREWORKS ORDINANCE Page 16 of 22 B. Application for a Public Fireworks Display Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If the public fireworks display for which the permit is sought is to be performed by a partnership, corporation, or limited liability company, the names and addresses of, as applicable: a. All partners; b. All corporation and corporate officers; or c. The company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Physical address and description of each and every location at which fireworks aze to be stored; 6. Dates during which non-aerial common fireworks are to be stored; 7. Physical address and description of location at which public fireworks display is to occur; 8. Date(s) on which public fireworks display is to occur; 9. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a. Location, type, and dimensions of short-term storage containers to be used; b. The distance from other structures of any short-term storage container. 10. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standazds set forth in National Fire Protection Association standazds ("NFPA") 1123 or NFPA 1126. 11. Description of prior pyrotechnical experience. MERIDIAN FIREWORKS ORDINANCE Page 17 of 22 C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed activities and/or uses are in compliance with this chapter and/or all other applicable provisions of Meridian City Code; 2. Whether the proposed activities and/or uses will be supervised by a qualified person; 3. Whether the proposed activities and/or uses will constitute an unreasonable hazard to persons or property; and 4. Whether the proposed activities andJor uses on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. The City Clerk shall notify the Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Public Fireworks Display Permit. D. Applications for Public Fireworks Display Permits shall be filed with the City Clerk at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur. E. So long as the application is filed at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant within thirty (30) days of the proposed public fireworks display shall be denied. F. A separate application shall be filed for each and every public fireworks display. G. The City Clerk shall deny an application for a Public Fireworks Display Permit where: 1. The applicant is under the age of twenty-one (21) years. 2. The applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. MERIDIAN FIREWORKS ORDINANCE Page 18 of 22 3. The City has revoked from applicant, or applicant's agent, employee, partner, or officer aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit issued pursuant to this chapter, in the preceding one (1) year. 4. The Fire Department or Police Department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of Meridian City Code; b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a Public Fireworks Display Permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. H. Each Public Fireworks Display Permit application shall be accompanied by an application fee of one hundred twenty-five dollars ($125.00) for each operation for which a permit is sought. I. Each Public Fireworks Display Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. J. A Public Fireworks Display Permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. K. The City Clerk, the Fire Chief, or a designee of either, may revoke a Public Fireworks Permit Display issued pursuant to this chapter where: MERIDIAN FIREWORKS ORDINANCE Page 19 of 22 The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions andlor limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a Public Fireworks Display Permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing address as set forth in the application. The permitee may request a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-11: PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. B. All Public Fireworks Display Permittees, and/or his or her agents, contractors, and/or employees, shall, in all facets of a public fireworks display undertaken pursuant to a validly issued Public Fireworks Display Permit, including, but not limited to, set-up, staging, and performance, strictly comply with any and all provisions of the current edition of each and all of the following National Fire Protection Association standards: 1. NFPA 1123, Fireworks Display; and MERIDIAN FIREWORKS ORDINANCE Page 20 of 22 2. NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. C. Storage of dangerous fireworks to be used in a public fireworks display authorized by a valid Public Fireworks Display Permit issued pursuant to this chapter shall be stored in accordance with any and all applicable provisions of this chapter governing short- term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks: 1. In a temporary fireworks stand; 2. In any soft-sided structure, including, but not limited to, a tent; 3. In any place or in any manner allowing access to such dangerous fireworks by anyone other than the permittee; and/or 4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. Section 5-4-12: VIOLATION AND PENALTY: A. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. Any violation thereof shall constitute a misdemeanor, which may be punishable by a fine and/or imprisonment. B. All fireworks possessed, discharged, or used in violation of this chapter maybe confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department. SECTION 3: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 4: That this Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED by the City Council of the City of Meridian, Idaho, this 2 ~ ~` day of `f /_Gr/l.li~.., , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 ~ day of ~ ~°LGt/Lfil~.. , 2007. MERIDIAN FIREWORKS ORDINANCE Page 21 of 22 APPROVED: ATTEST: ~t;~:~~ ITY CLERK ~'~ °~® ~ ~~~ • ~ ~®°•` ii/`/ ~ ~~A ~a~4a /s/~~ ~/!1l l t 1111 1 ``+1~~`y~® MERIDIAN FIREWORKS ORDINANCE Page 22 of 22 March 23, 2007 MERIDIAN CITY COUNCIL MEETING March 27, 2007 APPLICANT ITEM NO. 2~ REQUEST Executive Session per Idaho Code 67-2345(1) (f) to consider and advise its legal representatives in pending litigation: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. • March 15, 2007 MERIDIAN CITY COUNCIL MEETING March 20, 2007 APPLICANT ITEM NO. 2Z REQUEST Ordinance -New Fireworks Ordinance - 2nd Reading AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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. e ~ • CITY OF MERIDL~N ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA 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; SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS; INSPECTIONS BY FIRE CHIEF; PERMITS FOR RETAIL SALES OFNON-AERIAL COMMON FIREWORKS; RETAIL SALES OF NON- AERIAL COMMON FIREWORKS; STORAGE OF NQN-AERIAL COMMON FIREWORKS; GENERAL PROHIBITIONS; LLABILITY OF PARENTS OR GUARDIANS; VIOLATIONS AND PENALTIES; PERMITS FOR PUBLIC FIItEWORKS DISPLAYS; AND PUBLIC FIItEWORKS DISPLAYS. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to pass police regulations for the protection of the people's health, safety, and. welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; '' WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq.), specifically, Idaho Code § 39-2604(1) authorizes the City of Meridian to require a permit for the retail sale ofnon-aerial common fireworks; and WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code §§ 39-2601 et seq.), specifically, Idaho Code § 39-2605(1) authorizes the City of Meridian to require a permit for a public fireworks display; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39- 2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 4, Title 5, of the Revised and Compiled Ordinances of the City of Meridian be repealed. SECTION 2: That a new Chapter 4, Title 5 shall be enacted to read as follows: Section 5-4-01: SHORT TITLE: MERIDIAN FIREWORKS ORDINANCE Page 1 of 22 This chapter shall be known as THEMERIDIANFIREWORKS ORDINANCE. Section 5-4-02: DEFINITIONS: A. FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including items classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 033b 1.4G. B. DANGEROUS FIlZEWORKS: All fireworks other than non-aerial common fireworks. C. NON-AERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Non-aerial common fireworks shall not include firecrackers, jumping jacks, or similar products. D. NOVELTY FIREWORKS: Any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices -which contain twenty-five hundredths (.25) of a grain or less of explosive substance. E. OPERATION: A business, whether formally or informally organized, in which the operator sells fireworks at retail. F. OPERATOR: Any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers. G. SHORT-TERM STORAGE CONTAINER: Any container that is used for the storage ofnon-aerial common fireworks when: 1. The non-aerial common fireworks stored therein are possessed under the authority of aNon-aerial Common Fireworks Permit and: a. The operation is closed, and/or b. Such fireworks are inventory and/or not actively being sold or offered for sale. 2. The non-aerial common fireworks stored therein are possessed under the authority of a Public Fireworks Display Permit and such fireworks are not actively being used for public fireworks display. Except as otherwise provided in this chapter, for purposes of this definition, short- term storage facilities may include, but are not limited to, the following, where MERIDIAN FIREWORKS ORDINANCE Page 2 of 22 fireworks are stored therein: any stand, tent, truck, trailer, or other vehicle; a fully enclosed inter modal container; or a shed, detached garage, barn, outbuilding, or other permanent structure. H. SUMMER SALES AND USE PERIOD: From 11:59 p.m. June 22 to 11:59 p.m. July 5. I. WINTER SALES AND USE PERIOD: From 11:59 p.m. December 25 to 11:59 p.m. January 1. J. CARETAKER UNIT: A recreational vehicle or motor vehicle equipped as living quarters parked at the site of an operation for the purpose of providing security for an operation during non-business hours. This definition shall not include camping tents. K. PERMITEE: The person to whom aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit is issued pursuant to this chapter. L. PUBLIC FIREWORKS DISPLAY: The discharging of `fireworks for the purpose of producing a visible or audible effect. This definition shall not include the discharging of novelty fireworks. M. TEMPORARY FIREWORKS STAND: A temporary stand or-tent from which non- common aerial fireworks are sold and/or offered for sale.:A temporary fireworks stand may serve as ashort-term storage container pursuant to the provisions of this chapter. Section 5-4-03: SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIItEWORK5: A. The sale, storage, possession, and/or discharge of dangerous fireworks is prohibited at all times, exceptwhere such sale, storage, possession, and/or discharge complies with: 1. A Public Fireworks Display Permit validly issued pursuant to this chapter; and 2. All provisions of'this chapter. B. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of non-aerial common fireworks is prohibited at all times, except that non- aerial common fireworks maybe sold and/or stored during the summer sales period or the winter sales period so long as such sale and/or storage complies with: 1. ANon-aerial Common Fireworks Permit validly issued pursuant to this chapter; and 2. All provisions of this chapter. MERIDIAN FIREWORKS ORDINANCE Page 3 of 22 ~ ~ C. The possession for purposes of discharge and/or discharge of non-aerial common fireworks is prohibited at all times, except that non-aerial common fireworks maybe possessed and/or discharged during the summer sales period, the winter sales period, or the period specified in a validly issued Public Fireworks Display Permit, so long as such possession and/or discharge complies with all provisions of this chapter. D. Novelty Fireworks maybe sold, stored, possessed, and/or discharged at any time. Section 5-4-04: INSPECTIONS BY FIRE CHIEF: The Fire Chief and/or his or her designee shall be authorized to: A. Inspect any and all operations at which fireworks are sold, offered for sale, and/or stored to ensure compliance with this chapter and any and all other applicable laws. B. Inspect any and all temporary fireworks stands from which fireworks are sold, offered for sale, and/or stored. C. Inspect and/or require operator to produce any records required by law D. Revoke aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit on the grounds and pursuant to the procedures set forth in this chapter. E. Conduct any other inspections or undertake any other acts authorized by this chapter and any and all -other applicable laws. Section 5-4-05: PERMIT FOR RETAIL SALES OF NON-AERIAL COMMON FIREWORKS: A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess or store for the purpose of sale; sell; cause to be offered for sale; cause to be possessed or stored for the purpose of sale; or: cause to be sold non-aerial common fireworks in any manner or for any use or purpose. B. Application for aNon-aerial Common Fireworks Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If operation is a partnership, corporation, or limited liability company, the names and addresses of, as applicable: MERIDIAN FIREWORKS ORDINANCE Page 4 of 22 • i a. All partners; b. All corporation and corporate officers; or c. The company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Idaho sales tax seller's permit number, if applicable; 6. Physical address and descriptitn of each and every location at which fireworks are to be stored; 7. Dates during which non-aerial commonfireworks are to be stored; 8. Physical address and description of any and all locations at which non- aerial common fireworks are to be sold and/or offered for sale; 9. Dates during which non-aerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short-term storage container to be located at the sales site; b. Parking "areas; c. ,Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans. C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter; and MERIDIAN FIREWORKS ORDINANCE Page 5 of 22 ~ ~ 2. Whether use of such permit by applicant or applicant's agent, employee, partner, or officer will likely endanger the health, safety, and/or welfare of persons or property. The City Clerk shall notify the Planning Department, Building Department, Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Non-aerial Common Fireworks Permit. D. Applications for Non-aerial Common Fireworks Permits authorizing the permitee to sell non-aerial common fireworks during the summer sales period or during the winter sales period shall be filed with the City Clerk on or before April 15, or the next business day if such date falls on anon-business day. E. So long as the application is filed by the applicable April 15 deadline, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant more than 30 days after the respective April 15 deadline shall be denied. F. A separate application shall be filed, for each and every operation and location at which non-aerial common fireworks' are to be sold and/or offered for sale. G. An operator intending to sell fireworks` during the winter sales period pursuant to a Non-aerial Common Fireworks Permit: shall provide written notification of such intent to the City Clerk by mailing same'by U.S. Post to the City Clerk between the period of December 1 and December 15 preceding the winter sales period -during which the fireworks are to be sold. H. The City Clerk shall deny an application for aNon-aerial Common Fireworks Permit: 1. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, .larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. 2. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding one (1) year of a violation of the Unified Development Code of the City of Meridian. MERIDIAN FIREWORKS ORDINANCE Page 6 of 22 3. Where the City has revoked from applicant, or applicant's agent, employee, partner, orofficer aNon-aerial Common Fireworks Permit issued pursuant to this chapter, in the preceding one (1) year. 4. Where the Planning Department, Building Department, Fire Department or Police Department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an'unreasonable hazard to persons or property. Any denial of an application for aNon-aerial Common Fireworks Permit shall be made in writing and shall describe there son(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council: At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. I. Each Non-aerial Common Fireworks Permit application shall be accompanied by an application fee of twenty-five dollars: ($25.00) for each operation for which a permit is sought. J. Each Non-aerial Common Fireworks Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. K. ANon-aerial Common Fireworks Permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. L. The City Clerk, the Fire Chief, or a designee of either, may revoke aNon-aerial Common Fireworks Permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. MERIDIAN FIREWORKS ORDINANCE Page 7 of 22 ~ ~ 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of Meridian City Code, including, but not limited to, this chapter. Any revocation of a Non-aerial Common Fireworks Permit shall be made in writing and shall describe the. reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing-address as set forth in the application. The permitee may requesf a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief,` or the designee thereof who revoked the permit shall present findings axzd information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-06: RETAIL SALES OFNON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The sale of non-aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess for the purpose of sale; sell; cause to be offered for sale; cause to be possessed for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose. B. Only one (1) temporary fireworks stand shall be allowed per site. C. No temporary fireworks stand used during the summer sales period shall be erected before June 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than MERIDIAN FIREWORKS ORDINANCE Page 8 of 22 noon on July 12. No temporary fireworks stand used during the winter sales period shall be erected before December 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on January 8. D. One (1) caretaker unit may be allowed per sales site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five feet (25') from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period'shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site afternoon on January 8. E. The sale of fireworks shall be prohibited in residential' districts as such districts are defined by the Meridian Unified Development Code. F. Non-aerial common fireworks andlor related merchandise''shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right-of--way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by a structure, stand, tent, or sign associated with an operation, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. G. No entrance andlor exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for access as established bythe appropriate transportation authority. H. No operation shall sell non-aerial common fireworks and/or offer non-common aerial fireworks for sale at a location lacking adequate ofF street parking upon asphalt or other dustless material. Inadequate parking shall include, but shall not be limited to, such situation where parking by patrons of the operation displace off-street parking spaces or loading areas serving the site's permanent and/or primary use(s). I. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise. J. No person shall construct, or cause to be constructed, any permanent structure for the sale and/or offering for sale of non-aerial common fireworks. No operator may sell or offer for sale non-aerial common fireworks from or in a permanent structure. K. No person shall have an open flame oruse anexposed-element heating device in any temporary fireworks stand. MERIDIAN FIREWORKS ORDINANCE Page 9 of 22 i • L. During business hours, each and every operation shall be staffed by at least one (1) person who is twenty-one (21) years of age or older. M. No person under sixteen (16) years of age shall be allowed in the non-public areas of a temporary fireworks stand. N. No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. O. Fireworks offered for retail sale shall not be readily accessible to the public. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands. 1. Any and all temporary fireworks stands shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and ail required permits. 2. Prior to erectingany temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within athirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, andlor debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of six hundred (600) square feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two feet (32') of rear wall in excess of thirty-two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 5. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any other building or structure. MERIDIAN FIREWORKS ORDINANCE Page 10 of 22 ~ ~ 6. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one (1) type 2A1 OBC rated fire extinguisher, and one (1) 2A water type fire extinguisher. Such extinguishers shall, at all times: be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 9. Any and all temporary fireworks stands shall be' emptied of all fireworks when not open for business. This provision shall'not apply where the operation is not open for business and the temporary fireworks stand sused as ashort-term storage facility, in which case all provisions of this chapter governing short-term storage facilities shall apply, including, but not limited to, section 5-4-07(J). 10. No person shall sleep at any tixxre in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within fifty feet (50') of any temporary fireworks stand> 13. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least two (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 15. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. MERIDIAN FIREWORKS ORDINANCE Page 11 of 22 ~ ~ 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be non- combustible and shall have asecurely-fitting lid. 17. All permits are required to be posted in the stand at all times. Section 5-4-07: STORAGE OF NON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The storage of non- aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall store for the purpose of sale or cause to be stored for the purpose of sale non-aerial common fireworks in any manner or for any use or purpose. B. Only one (1) short-term storage container in addition to-the temporary fireworks stand shall be allowed per site. C. Short-term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8. D. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. E. Short-term storage containers shall not be placed or erected within the public right-of- way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by a short-term storage container, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. F. No person shall construct, or cause to be constructed, any permanent structure for the storage of non-aerial common fireworks. G. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator. H. No operator shall cause or allow any exit from ashort-term storage container to be obstructed, unopenable, inaccessible, or malfunctioning. FIREWORKS ORDINANCE Page 12 of 22 Revised 01-03-07 • I. As to each and every short-term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers. 1. Any and all short-term storage containers shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and all required permits. 2. Non-aerial. common fireworks maybe stored in a short-term storage container no longer than sixty (60) days prior to, and fifteen (15) days after, the dates during which the sale of non-aerial common fireworks is allowed under aNon-aerial Common Fireworks Permit. The storage of fireworks by any person at any other time or for a longer duration shall be unlawful. 3. Prior to erecting, placing, and/or utilizing any short-term storage container, and throughout the applicable sales period, the ground underlying such short-term storage container and all ground within athirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. 4. No short-term storage container shall have a floor area in excess of three hundred and twenty (320) square feet. 5. Any and all short-tern storage containers shall be located at least twenty-five feet (25') fromany other building or structure, including, but not limited to, any temporary fireworks stand. 6. Any and all short-term storage containers shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all short-term storage containers shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. Any and all short-term storage containers shall contain a minimum of one (1) pressurized water fire extinguisher with a minimum rating of 2A, which fire extinguisher shall be located in an accessible and visible location within forty- eight inches (48") of the access door. If such container has more than one access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight inches (48") of each and every access door. 9. No person shall sleep at any time in any short-term storage container. MERIDIAN FIREWORKS ORDINANCE Page 13 of 22 10. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any short-term storage container. 11. No person shall smoke within any short-term storage container, nor within fifty feet (50') of any short-term storage container. 12. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 13. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 14. No operator shall permit a fire nuisance or hazard to exist in or around any short- term storage container. 15. No operator shall permit the accumulation of rubbish or trash in or around any short-term storage container. 16. Waste receptacles or garbage cans are prohibited in any and all short-term storage containers, unless such receptacle is non-combustible and has asecurely-fitting lid. J. Where a temporary fireworks stand is used as a short-term storage facility, such temporary fireworks stand: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter. 2. Where such temporary fireworks stand is constructed with hard sides, shall be secured with a lock and key at all access points. 3. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. A dog or other animal is not a substitute for a person for purposes of this section. K. Where a truck trailer or a vehicle is used as a short-term storage container, such truck trailer or vehicle: MERIDIAN FIREWORKS ORDINANCE Page 14 of 22 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter. 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. 3. Be marked in accordance with United States Department of Transportation requirements. L. Where a permanent building or structure is used as ashort-term storage container, such structure: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter; 2. Shall be effectively secured by a working lock or locks'at all times and at all access points, except during active loading and/or unloading; 3. Shall contain no open flames; 4. Shall have no heating source; 5. Shall have no lighting source, except that hand-held; battery-operated flashlights may be used therein; and 6. Shall be separated by a minimum of twenty-five feet (25') from any other structure that: a. is used as a residence or business; b. is used for human habitation; c. .contains open flames; d. contains a heating source; and/or e. contains a lighting source. Section 5-4-08: GENERAL PROHIBITIONS: A. It shall be unlawful for any person to: 1. Alter any fireworks, except where such alteration complies with: MERIDIAN FIREWORKS ORDINANCE Page 15 of 22 a. A Public Fireworks Display Permit validly issued pursuant to this chapter; and b. All provisions of this chapter. 2. Throw or discharge any fireworks from, into or at a vehicle or structure. 3. Throw or discharge any fireworks at any person. 4. Sell, store, possess, discharge, or use fireworks in violation of this chapter. 5. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by;the Fire Chief orhis/her designee, provided that notice of such areas is given in advance. 6. Discharge fireworks within three hundred>feet (300') of any temporary fireworks stand or short-term storage container. 7. Smoke within fifty feet (50') of any temporary fireworks stand or short-term storage container. Ignite a flame within fifty feet (50') of any temporary fireworks stand or short- term storage container. 9. Park a motor vehicle within twenty-fire feet (25') of any temporary fireworks stand or short-term storage container. 10. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container. B. It shall be unlawful for any person under the age of sixteen (16) years to purchase, possess, or discharge fireworks, except in the presence of a parent or legal guardian. Section 5-4-09: LIABILITY OF PARENTS OR GUARDIANS: The parent, guardian or other person having custody or control of a minor shall be liable for damage caused by the discharge or use of fireworks by the minor. Section 5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. MERIDIAN FIREWORKS ORDINANCE Page 16 of 22 • B. Application for a Public Fireworks Display Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If the public fireworks display for which the permit is sought is to be performed by a partnership, corporation, or limited liability company, the names and addresses of, as applicable: a. All partners; b. All corporation and corporate officers;. or c. The company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Physical address and description of each and every location at which fireworks are to be stored; 6. Dates during: which non-aerial common fireworks are to be stored; 7. Physical address and description of location at which public fireworks display is to occur; 8. Date(s) on wfiich public fireworks display is to occur; 9. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a. Location,. type, and dimensions of short-term storage containers to be used; b. The distance from other structures of any short-term storage container. 10. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards ("NFPA") 1123 or NFPA 1126. 11. Description of prior pyrotechnical experience. MERIDIAN FIREWORKS ORDINANCE Page 17 of 22 • • C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed activities and/or uses are in compliance with this chapter and/or all other applicable provisions of Meridian City Code; 2. Whether the proposed activities andlor uses will be supervised by a qualified person; 3. Whether the proposed activities and/or uses will constitute an unreasonable hazard to persons or property; and 4. Whether the proposed activities and/or uses on the'date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. The City Clerk shall notify the Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Public Fireworks Display Permit. D. Applications for Public Fireworks Display Permits shall be filed with the City Clerk at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur. E. So long as the application is filed at least forty-five (45) days preceding the date on which the proposed. public fireworks display is to occur, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant within thirty (30) days of the proposed public fireworks display shall be denied. F. A separate application shall be filed for each and every public fireworks display. G. The City Clerk shall-deny an application for a Public Fireworks Display Permit where: 1. The applicant is under the age oftwenty-one (21) years. 2. The applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. MERIDIAN FIREWORKS ORDINANCE Page 18 of 22 • 3. The City has revoked from applicant, or applicant's agent, employee, partner, or officer aNon-aerial Common Fireworks Permit or Public Fireworks Display Permit issued pursuant to this chapter, in the preceding one (1) year. 4. The Fire Department or Police Department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of Meridian City Code; b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a Public Fireworks bisplay Permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. H. Each Public Fireworks Display Permit application shall be accompanied by an application fee of one hundred`twenty-five dollars ($125.00) for each operation for which a permit is sought. I. Each Public Fireworks Display Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho J. A Public Fireworks Display Permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. K. The City Clerk, the Fire Chief, or a designee of either, may revoke a Public Fireworks Permit Display issued pursuant to this chapter where: MERIDIAN FIREWORKS ORDINANCE Page 19 of 22 s • 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. 'The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of a~ay ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a Public Fireworks Display Permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing address as set forth in the application. The permitee may request a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable: at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-11: PUBLIC FIItER~ORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. B. All Public Fireworks Display Permittees, and/or his or her agents, contractors, and/or employees, shall, in all facets of a public fireworks display undertaken pursuant to a validly issued Public Fireworks Display Permit, including, but not limited to, set-up, staging, and performance, strictly comply with any and all provisions of the current edition of each and all of the following National Fire Protection Association standards: 1. NFPA 1123, Fireworks Display; and MERIDIAN FIlZEWORKS ORDINANCE Page 20 of 22 . ~. 2. NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. C. Storage of dangerous fireworks to be used in a public fireworks display authorized by a valid Public Fireworks Display Permit issued pursuant to this chapter shall be stored in accordance with any and all applicable provisions of this chapter governing short- term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks: 1. In a temporary fireworks stand; 2. In any soft-sided structure, including, but not limited to, a tent; 3. In any place or in any manner allowing access to such dangerous fireworks by anyone other than the permittee; and/or 4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. Section 5-4-12: VIOLATION AND PENALTY: A. It shall be unlawful for any person, firm or corporation to .violate any of the provisions of this chapter. Any violation thereof shall constitute a misdemeanor, which may be punishable by a fine and/or imprisonment. B. All fireworks possessed, discharged, or used in violation of this chapter maybe confiscated and destroyed. by the Meridian Police Department or the Meridian Fire Department. SECTION 3: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 4: 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 the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on the day of 2007 its passage, approval and publication. MERIDIAN FIREWORKS ORDINANCE Page 21 of 22 A f CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Mar 27, 2007 04:50pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No 11,~~E1 V ~~ MAR ~ 7 ~R97 City of I1~iericiian City Clerk Offic® Ref No Cust No Name /Service Address ~ Past Due Balance 1 22.51.2648.1 A SHADE BETTER PAINTING 221.83 403.64 655 KING ST E 2 31.52.6601.1 ACHD 59.44 87.60 1475 FRANKLIN RD E 3 46.16.1202.2 ALCALA, OSVALDO, TRUST 83.83 171.69 3773 LEANATO AVE S 4 24.03.0848.2 ANDREW, JEREMY ~ LINDA 68.21 109.23 652 BROWNFIELD WY W 5 22.50.1990.2 ANSON, RICK 8 REBECCA 125.53 167.43 1088 CROSSBILL CT E NO ARRANGEMENTS ALLOWED UNTIL 11/13/07. REMOVED CHECKMARK. 6 22.50.1904.5 ARAGON, SALVADOR & JULIE 80.37 127.52 1522 PENRITH PL N 7 30.74.3558.3 AULTMAN, W. ~ WILLIAM, M. 89.80 181.90 1052 HONKER DR W NO ARRANGEMENTS ALLOW ED-AULTMANNVILLIAM (RENTERS) 8 23.02.3872.4 BALES, SUMMER 76.23 124.43 1213 MERIDIAN ST 9 46.60.0004.2 BARR, TIMOTHY & TAUNIA 54.29 111.60 3837 ARNO AVE S 10 46.16.1508.2 BECK, JAMES 93.68 149.30 2156 SICILY ST E 11 24.04.2010.7 BELAIR, DENNIS 69.50 110.80 2118 SUNNY SLOPE DR W 12 37.37.3040.1 BLOWERS, DAN ~ MADELEINE 74.91 131.91 3054 BEAR CLAW PL S • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL page; 2 Standard Payment Customers Mar 27, 2007 04:51 pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 13 37.37.3284.4 BOYENGER, ERIC 119.82 184.88 2949 BEAR CLAW WAY S 14 23.01.0800.1 BREWER, SID ~ SHELLY 109.00 152.40 423 BROADWAY AVE W 15 22.50.1928.4 BROWN, AARON & BLANCA 80.37 134.53 1488 STONEHENGE WAY N 16 32.55.1544.1 BRS ARCHITECTS 63.61 120.77 3085 MAGIC VIEW DR E 17 23.02.2562.3 BRUCE, MARTINA & HEATHER 67.71 178.60 1314 CRESTMONT DR N 18 22.51.3610.1 BURNHAM; F.M. 90.89 163.43 42 KING ST E 19 45.25.0108.2 BYERS, VILNA 72.20 124.43 1488 SICILY ST E 20 23.02.2290.4 CABRAL, DEBRA 8~ PHILLIP BUNN 54.29 110.55 1230 2ND ST W 21 22.50.4550.3 CARREL, PAM 51.44 89.76 312 PINE AVE E 22 37.37.3016.2 CASON, EDWARD L. ~ TRACI L. 96.09 145.03 2893 DENALI WAY S 23 22.50.2234.4 CATTI, CATHLEEN 62.88 103.13 1042 CRESTLEY AVE N 24 22.50.2074.4 CHAVEZ, ERNIE & CONOVER, MARY 104.44 206.25 1414 STONEHENGE WAY N 25 30.74.2850.1 CHEESBROUGH, JAMES G. 50.26 110.55 519 SPOONBILL AVE S 26 23.23.3024.1 CHRISTENSEN, DWAYNE 55.62 143.21 976 IDAHO AVE W 27 23.02.3702.2 CROW, ED 8 KARA 83.46 134.64 1635 MERIDIAN ST 28 30.74.0322.3 CUTLER, SHIRLA 79.80 196.82 684 PENNWOOD ST • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Mar 27, 2007 04:51 pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 29 22.50.2122.2 DAVIS, STEVE & SANDI 72.20 118.30 1052 GRANDBURG CT E 30 31.52.1082.1 DEPARTMENT OF LABOR 136.71 299.74 205 WATERTOWER ST E 31 32.32.4902.3 DEVAULT, AARON 8~ TARA 58.32 157.72 1737 BOLLMAN ST E NO ARRANGEMENTS ALLOWED UNTIL 2/6/08. DID NOT KEEP LAST ARRANGEMENT. 32 24.04.1166.3 DONALDSON, NEAL 68.28 121.39 2620 FORECAST ST W 33 24.04.2282.1 DRURY, PATRICK 122.46 177.67 1422 SANTA ROSA PL N 34 20.46.0854.1 DURRANT, ALAN C 58.03 116.52 3692 FLORENCE DR E 35 36.69.0524.1 ELORDI, PAT i~ BEKKI 82.50 173.06 1082 PEACOCK ST E 36 24.04.1940.2 EXNER, VERNON & ELIZABETH 54.82 88.06 2158 SONOMA DR W 37 23.01.0460.3 PARSON, LESLIE 72.85 102.05 716 8TH ST W 38 23.02.1690.5 FEEDER, KENNETH 8~ ANGELA 97.31 182.12 16162NDSTW 39 30.74.3190.3 FISHCHER, DONALD & LAURA 113.03 155.38 917 GREENHEAD ST W 40 30.30.6242.2 FLAUGH, ELIZABETH 66.38 137.88 1144 GRAYLING AVE S NO ARRANGEMENTS TIL 8/3/07!!!-CASH ONLY TIL 8/3/07 FOR FLAUGH (RENTER) WHO WROTE NSF TO KEEP/GET WATER BACK ON. 41 37.37.4218.3 FRETWELL, RYAN ~ JULIE 58.32 150.67 2073 BEARTOOTH WAY S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Mar 27, 2007 04:51 pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 42 22.51.3870.2 GEORGE, RICHARD & JAN 4193RDSTE 43 22.20.0120.3 GIGGEY, JESSICA 1315 ALVEY LN N Past Due Balance 52.13 109.04 126.49 159.73 44 23.02.0422.4 HARRIS, KATHY 62.26 133.28 579 CRITERION ST W 45 46.16.1219.3 HIATT, SCOTT 76.34 122.57 3758 MARSALA AVE S 46 25.05.0722.2 HOLLEY, ANNA 51.09 108.68 3540 FIR CREEK CT W #1 47 22.51.0938.5 HORACEK, RANDY ~ LAURE 69.57 111.98 707 PINE AVE E 48 30.30.6068.4 HORNER, VICKIE ~ JARRY 8~CARAME 108.47 177.87 1008 SPOONBILL AVE S 49 35.65.0708.1 HUDDLESTON, CODY 73.12 195.55 2299 BAYOU BAR WAY S 50 45.20.1020.6 JACOBS, MARIE 75.77 153.68 1416 IONIA DR E 51 30.74.3508.3 KIMMEL, BRET & JOHNSON, ALANNA 52.36 108.90 1071 HONKER DR W 52 37.37.3340.3 KYNASTON, RODGER 114.40 156.60 478 BEAR TRACK DR W 53 30.74.0426.1 LACY, GLORIA 110.37 153.49 623 BARRETT ST W 54 22.50.2238.3 LANDON, WILLIAM JR & PAULA 81.59 126.92 1086 CRESTLEY AVE N 55 24.04.1620.7 LANGORGEN, BRIAN 66.23 126.35 2746 WILLARD ST W 56 24.04.1146.4 LEWIS, AMY 51.59 109.18 1128 MAURA AVE N 57 22.50.2336.1 MAGNUSON, ERIC 76.34 118.41 1228 SHELLBROOK DR E • r CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Mar 27, 2007 04:51 pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 58 24.03.0806.4 MARCUM, CARL & JULIE 87.40 122.29 715 OCEAN AVE N 59 23.02.2300.3 MARINO, JASON 70.94 110.31 133 CHERRY AVE W 60 30.74.3628.3 MARTINEZ, RICHARD 96.38 153.69 1035 EIDER DR W 61 24.03.0312.4 MATHES, CHAD 60.67 114.23 2019 SNYDER DR W 62 24.03.0314.3 McDOUGAL, MIKE 83.03 139.57 2001 SNYDER DR W CANCELED D/P ON 9/20/06 PER KELLIE SUTTON (RENTER) REQUEST. PUT ON DIRECT PAY 7/17/06. 63 36.36.0986.2 McKINLEY, BRAD 220.85 278.44 437 FOREST RIDGE DRS (CORNER) 64 25.95.0618.2 MEDLEY, T. & KINDALL, T. 104.97 142.24 916 STRONGHOLD AVE N 65 30.74.3570.3 MEYER, LISA 78.47 166.09 844 PELICAN WAY S NO ARRANGEMENTS UNTIL 10/1/07. CUSTOMER BROKE 9/29/06 ARRANGEMENTS-NOT ALLOWED TO DO ANY ARRANGEMENTS UNTIL 10/1 /2007. 66 22.51.3920.2 MONTGOMERY, D & L $ ALVAREZ, R 77.64 152.61 210 ADA ST E 67 24.04.0856.3 MOORE, JACOB 71.82 119.25 1136 ROPER PL N 68 22.51.4214.2 MOORE, LAWRENCE & KRISTIN 66.91 99.10 323 BOWER ST E 69 34.60.1107.2 MURGOITIO, BENITA 54.82 85.08 2611 GROOM WAY S 70 35.35.0063.3 OVERGAARD, JOSH ~ ALLYN 101.59 151.12 2761 GREEN CANYON DR E i ~ CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Mar 27, 2007 04:52pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 71 23.01.3130.2 PETERSON, JIM 98.45 178.08 935 PINE AVE W 72 37.37.4182.1 PETTENGILL, RAY 8~ DEBBIE 80.37 118.54 464 DAVENPORT ST W (CORNER) 73 24.04.1960.2 QUESNELL, GIL & LESLIE 60.11 96.05 2358 SONOMA CT W 74 23.23.3490.2 RAYBORN, ROBERT 62.79 106.19 890 BROADWAY AVE W 75 23.02.0100.1 READE, JOHN & DONNA 114.40 171.71 903 2ND ST W 76 22.50.1706.3 RETHERFORD, JASON 53.08 76.16 16 WASHINGTON AVE E 77 24.04.1552.2 ROMANO, SANTINO 72.20 121.28 2839 SANTA CLARA DR W 78 35.35.3028.1 ROTTA, JOE & DARCIE 132.59 417.62 2715 BAYOU BAR WAY S 79 20.47.0074.2 RUMSEY, PHILIP 8~ JENNIFER 103.18 170.93 4111 DRIFTWOOD DR E 80 36.69.1076.1 RUPERT, DAVID ~ LAURIE 52.64 120.11 923 STE MARTIN DR E 81 30.74.3066.3 RUST, MANDY 118.43 173.64 936 LOON ST W 82 23.02.6380.5 RYAN, JOHN ~ TRACY 67.71 151.75 908 WASHINGTON DR W 83 30.74.2846.2 SCHROEDER, PHILLIP 8 MARGORIE 98.85 127.01 479 SPOONBILL AVE S 84 36.69.1304.2 SHERMAN, KEVIN ~ 57.26 89.45 2508 ABACO WAY S 85 22.50.3754.3 SHEW, JACOB 74.17 103.38 1589 BUCHMAN CT E 86 24.03.0038.2 SPANGENBERG, TODD 50.79 82.98 2175 JAYTON DR W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Mar 27, 2007 04:52pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 87 30.74.2902.5 STEWART, RANDY 8 BURNSIDE C. 62.67 100.54 440 SPOONBILL AVE S 88 23.02.3070.2 STINNETT, ROWDY 8~ FOX, CHANTEL 119.82 177.74 1505 7TH ST W 89 37.37.3982.2 TALLMAN, JULIE & TROY 52.07 94.27 2096 ALASKA WAY S 90 30.30.6220.3 TAYLOR, SEAN 50.79 80.00 1340 JACKSNIPE DR W 91 46.60.0118.2 THAMMAVONGSA, SUWANKHAM 88.32 159.82 3711 ARNO AVE S 92 23.02.2200.3 TODD, RICK 56.90 94.17 315 CHERRY AVE W 93 33.40.0201.1 TOUCHMARK LODGE HOMES 50.90 67.81 3953 CLOCKTOWER DR E 94 35.35.6018.2 VANDERLAAN, RUDOLPH 8~ GAYLE 112.55 175.99 1797 FIRESIDE CT E 95 32.32.4934.3 VICK, LARA 100.94 140.31 401 TRUSS AVE S 96 23.02.4550.1 VINCENT, TOMMY & MARY 81.09 139.73 132913TH AVE W 97 25.95.0909.2 VOILES, JOSH & AMBER 76.23 119.18 4318 HEARST ST W 98 46.46.7080.3 WATSON, THOMAS ~ BARBARA 54.29 96.49 3815 CALABRIA PL S 99 36.01.0005.1 WILLIAMS PIPELINE OFFICE 109.54 219.08 1301 LOCUST GROVE RD S 100 45.25.0406.2 WILLIAMS, TIMOTHY 67.71 135.46 1272 SICILY ST E 101 22.50.2418.2 YEAGER, RON 8~ YEAGER, ROBERT 92.46 149.77 1383 DRUCKER ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Mar 27, 2007 04:52pm Current Period: 04/05/2007 -Transactions Included Through: 04/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance Grand Totals: 101 Customers Listed 8,297.62 14,418.08 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No