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2007-02-06
i ~~. `` CITY OF ~ly* ~.,:,~ _. C~~~rl~lcn , ~, 1DAH0 Fc r CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 6, 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: 0 David Zaremba ~ Joe Borton ___c~ Charlie Rountree _ C~ Keith Bird D Mayor Tammy de Weerd 2. Pledge of Allegiance: felt y f~,c.,~ ~.„,/~ r /~O~ ~GO~" ~'°`v~ ~ b6 3. Community Invocation by with Cherry Lane Christian Church: hzazl~ 13°~~---~- 4. Adoption of the Agenda: "'y~j'""m~ k~ ~ 5. Consent Agenda: .1-Py,~,,,..~~g ~ ~~ A. Approve Minutes of November 28, 2006 Pre-Council Meeting: Gy~-~`' B. Approve Minutes of December 12, 2006 Pre-Council Meeting: a~~-"""~. C. Approve Minutes of December 19, 2006 Pre-Council Meeting: w~~r-~~-- D. Approve Minutes of January 2, 2007 City Council Joint Meeting: ~~.~- E. Approve Minutes of January 16, 2007 City Council Regular Meeting: ~,f,,,,~...c.. F. Findings of'fF~act and Conclusions of Law for Approval: PP 06- 055 Request for Preliminary Plat approval of 8 lots on 39.28 acres Meridian City Council Meeting Agenda -February 6, 2007 Page 1 of 6 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. • • in existing I-L zone and C-G zones for Seyam Subdivision by Ronald Van Auker - 3660 East Lanark Street: ~ G. Findings of Fact and Conclusions of Law for Approval: AZ 06- 031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: o~r..•~-- H. Findings of Fact and Conclusions of Law for Approval: PP 06- 031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: ~ww~ I. Development Agreement: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: c~~~...- J. Development Agreement: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: ~Jr'I~'-'~'"`- K. Development Agreement: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashtyn Park Annexation by David N. Price -- 201 West Ustick Road: ~,..~ L. Sanitary Sewer and Water Main Easement Agreement for Sparrowhawk III by David Waldron, Douglas Keith, and Russell Curtis: ~c~Hc.. M. Water Main Easement Agreement for Meridian Village by ASH Investments: e~j~,o r-c. N. Water Main Easement Agreement for Sevoy Antiques by Paul Sevoian: ~~-~ Meridian City Council Meeting Agenda -February 6, 2007 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • O. Sanitary Sewer and Water Main E_ asement Agreement for Sevov Antiques by Fairview Terrace, LLC: ~ P. Water Main Easement Agreement for Precision Loa Homes by Precision Craft Log Homes: G ~- Q. Chance Order No. 1 of Contract with JUB Engineering for Design of Water $ Sewer Improvements in Conjunction with ACHD Ten Mile, Franklin to Cherry Project for a Cost of $5,000.00: ~j~-- R. Public Works Change Order No. 4 for Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separation for a Cost of $56,652.00: ~~,~,,,,~.,-,~ S. Public Works Change Order No. 2 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. for $75,650.80: ~,I,,.,.-~ T. Task Order #0664 with Civil Survey for Design and Construction Oversight Services for Cherry Lane Mobile Home Parks Water System Upgrades for $15,135.00: P,~rf',..o..c.~- U. Request for Reduction in Sewer Connection Fee for Bill ~ Lynn's Place at 229 West Franklin Road: ~p~-.•~- V. Approve Award of Bid /Agreement for #CH-07-001 Well Abandonment to McLeran Well Drilling, LLC not to exceed $65,000.00: .r~j~,•~-~ W. Maintenance Agreement for DI System at Wastewater Treatment Plant Lab with Siemens Water Technologies: ,~.~,,,,..~ X. Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: ,5~ Y. Approve Contract for the Canal Crossings for the Bitter Creek Lift Station and Pipelines with H2 Excavation, Inc. for $36,713.02: ~- Z. Amendment No. 3 to the Bitter Creek Lift Station and Pipelines Proiect with CH2M HILL for $53,100.00: ~~.,,,,..,~_ Meridian City Council Meeting Agenda -February 6, 2007 Page 3 of 6 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. • AA. Approve Contract for the Meridian Water Department Well Drawdown Meters / SCADA Maintenance with DC Engineering, P.C. for $23,227.00: ~Nv~- BB. Approve Contract for the Task Order 2 with HDR Engineering, Inc. for $10,000.00: A~j-,.~...~ 6. Department Reports: A. Public Works Department ~~ /Gy~~ ~~~~~ 1. Broadway Water and Sewer Project Update: 7. Items Moved from Consent Agenda: ti„tr•.~ 8. Reauest for Reconsideration of Denial for Annexation and Zonin and Preliminary Plat for Portico Place Subdivision by Portico Place, LLC: ~ rv+~- rG ~d f ~r Z c2~l~ 9. Findings of Fact and Conclusions of Law for Denial: 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: v~mc~ /G~ E ~~ 10. Findings of Fact and Conclusions of Law for Denial: 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: ~ra.c~k, ~G/34 c~ 11. FP 06-054 Final Plat approval for 26 single-family residential building lots and 6 common lots on 10.59 acres in an R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: ~~r-swc. K~3 tGf2~ 12. FP 07-001 Final Plat approval for 41 single-family residential building lots and 5 common lots on 11.85 acres in an R-8 zone for Bellingham Park Subdivision No. 4 by Bellingham Park, LLC -Locust Grove Road and approximately'/z mile south of Victory Road: ~~~ ~GI3 ~ ~/L- 13. MFP 06-006 Request to modify the approved fencing, landscaping and amenities for Madelynn Estates (aka Basin Creek) by Pacific Landmark Development - 5603 North Locust Grove Road: y,~.~.y~p,,.~ c/L ~ /Gl3 14. Continue Public Hearing from January 23, 2007: RZ 06-008 Request fora Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Meridian City Council Meeting Agenda -February 6, 2007 Page 4 of 6 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. • Subdivision No. 12) from R-4 to C-N zone for Lochsa Falls Office / Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: ~,,,~,~,,,,,,,~ ~`~ ~ ~~,Q ~--. ~~~,,,,., ~~~ 15. Continued Public Hearing from January 23, 2007: MCU 06-002 Request for Modification of the approved Conditional Use Permit / Planned Development to remove the requirement for detailed Conditional Use Permit approval for development on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12 for Lochsa Falls Office /Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: ~-,~~~„c ~/F t cl-l ,~~~,~-C, 16. Public Hearing: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: ~~,,,,~h~, p/h, ,c,o 2-~3-07 17. Public Hearing: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: ~~,,,,~ ~,;~,,~, ~ /~ ,~.~ 2~~3_p7 18. Public Hearing: TE 07-001 Request for an 8 month Time Extension to record the final plat for Secret Garden Subdivision by Oliver Cleaver - 2490 North Locust Grove Road: h,/~.~,.,,.~ B h„~ ,~ ~~.f, ,,,, 19. Continued Public Hearing from January 9, 2007: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for SpurwinA Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: ~~,,,,,~ ,~~~ ~ ~Ge ~ ~~~--~ 20. Continued Public Hearing from January 9, 2007: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwing Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 21. Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwinc~ Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Meridian City Council Meeting Agenda -February 6, 2007 Page 5 of 6 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 22. Ordinance No. __ O 7' / ~ ~O AZ 06-055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: aY~ ~-- 23. Ordinance No. ~ ~' ~ yg C AZ 06-053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Hi~hwav District Locust Grove Road Pond by Ada County Highway District -1280 North Locust Grove Road: ~r~~ 24. Ordinance No. ~ ~ - ! 2 ~ Z AZ 06-048 Request for Annexation and Zoning of 32.75 acres.from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: 25. Ordinance No. d ~" ~ ~' ~ RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: a~Y~ 26. Ordinance No. D ~ - ! 2~ `~ AZ 06-034 Request for Annexation and Zoning of 2.95 acres. from R4 (Ada County) to L-O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: ,~" 27. Ordinance No. G ? ' ~ Z ~ C' AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprings Subdivision by Mike Hill -1035 East McMillan Road: ~~ 28. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fi~ - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -February 6, 2007 Page 6 of 6 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. ~Plecfse ~~-~ ~~. N~~c~-"Iha.ruw'!I {d ... ~ y'_: I~c ' ~fififi ~~ ,~' CITY OF ~~o ~h Fc ~R ~ Tr~asuae V nti~'Y t~'e~ai CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, February 6, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of November 28, 2006 Pre-Council Meeting: B. Approve Minutes of December 12, 2006 Pre-Council Meeting: C. Approve Minutes of December 19, 2006 Pre-Council Meeting: D. Approve Minutes of January 2, 2007 City Council Joint Meeting: E. Approve Minutes of January 16, 2007 City Council Regular Meeting: F. Findings of Fact and Conclusions of Law for Approval: PP 06- 055 Request for Preliminary Plat approval of 8 lots on 39.28 acres Meridian City Council Meeting Agenda -February 6, 2007 Page 1 of 6 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 888-44433 at least 48 hours prior to the public meeting. in existing I-L zone and C-G zones for Sevam Subdivision by Ronald Van Auker - 3660 East Lanark Street: G. Findings of Fact and Conclusions of Law for Approval: AZ 06- 031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for South Ridge Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: PP 06- 031 Request for Preliminary Plat approval of 224 lots including: 189 residential Dots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridae Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: 1. Development Agreement: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: J. Development Agreement: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: K. Development Agreement: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashtyn Park Annexation by David N. Price -- 201 West Ustick Road: L. Sanitary Sewer and Water Main Easement Agreement for Sparrowhawk III by David Waldron, Douglas Keith, and Russell Curtis: M. Water Main Easement Agreement for Meridian Village by A&H Investments: N. Water Main Easement Agreement for Sevoy Antiques by Paul Sevoian: Meridian City Council Meeting Agenda -February 6, 2007 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Sanitary Sewer and Water Main Easement Aareement for Sevoy Antiques by Fairview Terrace, LLC: P. Water Main Easement Aareement for Precision Loa Homes by Precision Craft Log Homes: Q. Change Order No. 1 of Contract with JUB Engineering for Design of Water 8~ Sewer Improvements in Conjunction with ACRD Ten Mile, Franklin to Cherry Project for a Cost of $5,000.00: R. Public Works Chanae Order No. 4 for Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separation for a Cost of $56,652.00: S. Public Works Chanae Order No. 2 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. for $75,650.80: T. Task Order #0664 with Civil Survey for Design and Parks Water System Upgrades for $15,135.00: U. Request for Reduction in Sewer Connection Fee for Bill 8< Lynn's Place at 229 West Franklin Road: V. Approve Award of Bid /Aareement for #CH-07-001 Weil Abandonment to McLeran Well Drilling, LLC not to exceed $65,000.00: W. Maintenance Aareement for D9 System at Wastewater Treatment Plant Lab with Siemens Water Technologies: X. Hold Harmless Aareement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: Y. Approve Contract for the Canal Crossings for the Biiter_Creek Lift Station and Pipelines with H2 Excavation, Inc. for $36,713.02: Z. Amendment No. 3 to the Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $53,100.00: Meridian City Council Meeting Agenda -February 6, 2007 Page 3 of 6 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. • AA. Approve Contract for the Meridian Water Department Well Drawdown Meters / SCADA Maintenance with DC Engineering, P.C. for $23,227.00: BB. Approve Contract for the Task Order 2 with HDR Engineering, Inc. for $10,000.00: 6. Department Reports: A. Public Works Department 1. Broadway Water and Sewer Project Update: 7. Items Moved from Consent Agenda: 8. Reauest for Reconsideration of Denial for Annexation and Zoning and Preliminary Plat for Portico Place Subdivision by Portico Place, LLC: 9. Findings of Fact and Conclusions of Law for Denial: 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: 10. Findings of Fact and Conclusions of Law for Denial: 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: 11. FP 06-054 Final Plat approval for 26 single-family residential building lots and 6 common lots on 10.59 acres in an R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: 12. FP 07-001 Final Plat approval for 41 single-family residential building lots and 5 common lots on 11.85 acres in an R-8 zone for Bellingham Park Subdivision No. 4 by Bellingham Park, LLC -Locust Grove Road and approximately'/2 mile south of Victory Road: 13. MFP 06-006 Request to modify the approved fencing, landscaping and amenities for Madelynn Estates (aka Basin Creek) by Pacific Landmark Development - 5603 North Locust Grove Road: 14. Continue Public Hearing from January 23, 2007: RZ 06-008 Request for a Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Meridian City Council Meeting Agenda -February 6, 2007 Page 4 of 6 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 888433 at least 48 hours prior to the public meeting. ~ ~ Subdivision No. 12) from R-4 to C-N zone for Lochsa Falls Office / Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: 15. Continued Public Hearing from January 23, 2007: MCU 06-002 Request for Modification of the approved Conditional Use Permit / Planned Development to remove the requirement for detailed Conditional Use Permit approval for development on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12 for Lochsa Falls Office /Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: 16. Public Hearing: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: 17. Public Hearing: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: 18. Public Hearing: TE 07-001 Request for an 8 month Time Extension to record the final plat for Secret Garden Subdivision by Oliver Cleaver - 2490 North Locust Grove Road: 19. Continued Public Hearing from January 9, 2007: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 20. Continued Public Hearing from January 9, 2007: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Saurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: 21. Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Meridian City Council Meeting Agenda -February 6, 2007 Page 5 of 6 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 22. Ordinance No. AZ 06-055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: 23. Ordinance No. AZ 06-053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Hiahwav District Locust Grove Road Pond by Ada County Highway District -1280 North Locust Grove Road: 24. Ordinance No. AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: 25. Ordinance No. RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Prouertv by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: 26. Ordinance No. AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashtvn Park Annexation by David N. Price -- 201 West Ustick Road: 27. Ordinance No. AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprin~s Subdivision by Mike Hill -1035 East McMillan Road: 28. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -February 6, 2007 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian Citv Council Meetin4 February 6, 2007 A meeting of the Meridian City Council was called to order at 7:07 P.M., Tuesday, February 6, 2007, by Council President Joe Borton. Members Present: Joe, Borton, Keith Bird, and Charlie Rountree. Members Absent: Mayor Tammy de Weerd and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Gene Trakel, Joe Silva, and Dean Willis. Item 1: Roll-call Attendance: Roll call. 0 David Zaremba X Joe Borton X Charlie Rountree X Keith Bird 0 Mayor Tammy de Weerd Borton: Welcome. We will go ahead and begin. Tuesday, February 6. Sevenish, 7:07. We will begin the regular meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Borton: Thank you. Item No. 2, the pledge of allegiance. Jesse McDaniel with Troop 306. Please lead us in the pledge. (Pledge of allegiance recited.) Borton: Thank you, Jesse, for leading us in the pledge and Mayor de Weerd is not here, so I get to be the Mayor for the meeting, so we give a little something to those who do the pledge, so I will give you a choice. So, come on up if you will. You get a Meridian pin or Mike and Ikes. That's my man. There are lots of scouts in attendance. Thank you, Jesse. Item 3: Community Invocation by Mark Botsford. Borton: Item No. 3 is the community invocation. We will be led tonight by Mark Botsford. Would you, please, join us. Mr. Botsford, please, come forward. Botsford: Will you pray with me. Our Father in Heaven, thank you for this fine place Meridian, Idaho. I pray, Father, and I thank you for all those individuals who give up time from their families and other important duties in life to come and serve this community. I would ask, God, that you would give our Mayor and our Council discernment, wisdom. And I pray, Father, for the safety of our citizens. I pray, especially, Father, for the safety of our nation and for those men and women in uniform Meridian City Council February 6, 2007 Page 2 of 76 that serve us both at home and away from home. We thank you, Father, for your grace in our lives. We pray tonight that you will be pleased with the meeting, in Jesus' name that we ask this. Amen. Item 4: Adoption of the Agenda: Borton: Thank you very much. Item No. 4, adoption of the agenda. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve the agenda as published. Rountree: Second. Borton: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of November 28, 2006 Pre-Council Meeting: B. Approve Minutes of December 12, 2006 Pre-Council Meeting: C. Approve Minutes of December 19, 2006 Pre-Council Meeting: D. Approve Minutes of January 2, 2007 City Council Joint Meeting: E. Approve Minutes of January 16, 2007 City Council Regular Meeting: F. Findings of Fact and Conclusions of Law for Approval: PP 06- 055 Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zones for Seyam Subdivision by Ronald Van Auker - 3660 East Lanark Street: G. Findings of Fact and Conclusions of Law for Approval: AZ 06- 031 Request for Annexation and Zoning of 290.87 acres from RUT to an R-8 (Medium Density Residential (115.65 acres), R-4 (Medium Low-Density Residential) (50.17 acres), TN-R (Traditional Neighborhood Residential) (65.60 acres), TN-C (Traditional Neighborhood Center) (20.71 acres) and R-2 (Low Density Residential) (35.21 acres) and L-O (Limited Office) (3.48 acres) for Meridian City Council February 6, 2007 Page 3 of 76 South Ridae Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: PP 06- 031 Request for Preliminary Plat approval of 224 lots including: 189 residential lots, 11 commercial /other lots and 8 Mega lots (to be developed in the future) and 16 common/open space lots on 290.87 acres in the proposed TN-C, TN-R, L-O, R-8, R-4 and R-2 zones for South Ridae Subdivision by James L. Jewett -south side of Overland Road between Linder Road and Ten Mile Road: I. Development Agreement: AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: J. Development Agreement: RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Proaertv by Ron Van Auker -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: K. Development Agreement: AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashtvn Park Annexation by David N. Price -- 201 West Ustick Road: L. Sanitary Sewer and Water Main Easement Aareement for Sparrowhawk III by David Waldron, Douglas Keith, and Russell Curtis: M. Water Main Easement Aareement for Meridian Village by AS<H Investments: N. Water Main Easement Aareement for Sevov Antiaues by Paul Sevoian: O. Sanitary Sewer and Water Main Easement Aareement for Sevov Antiaues by Fairview Terrace, LLC: P. Water Main Easement Aareement for Precision Loa Homes by Precision Craft Log Homes: Q. Chance Order No. 1 of Contract with JUB Engineering for Design of Water $ Sewer Improvements in Conjunction with ACHD Ten Mile, Franklin to Cherry Project for a Cost of $5,000.00: • Meridian City Council February 6, 2007 Page 4 of 76 R. Public Works Chance Order No. 4 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a Cost of $56,652.00: S. Public Works Chance Order No. 2 for the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. for $75,650.80: T. Task Order #0664 with Civil Survey for Design and Construction Oversight Services for Cherry Lane Mobile Home Parks Water System Upgrades for $15,135.00: U. Request for Reduction in Sewer Connection Fee for Bill & Lynn's Place at 229 West Franklin Road: V. Approve Award of Bid /Agreement for #CH-07-001 Well Abandonment to McLeran Well Drilling, LLC not to exceed $65,000.00: W. Maintenance Agreement for DI System at Wastewater Treatment Plant Lab with Siemens Water Technologies: X. Hold Harmless Agreement for Participation in Activities And / Or Use of Facilities with Joint School District No. 2: Y. Approve Contract for the Canal Crossings for the Bitter Creek Lift Station and Pipelines with H2 Excavation, Inc. for $36,713.02: Z. Amendment No. 3 to the Bitter Creek Lift Station and Pipelines Proiect with CH2M HILL for $53,100.00: AA. Approve Contract for the Meridian Water Department Well Drawdown Meters / SCADA Maintenance with DC Engineering, P.C. for $23,227.00: BB. Approve Contract for the Task Order 2 with HDR Engineering, Inc. for $10,000.00: Borton: Item No. 5. Consent Agenda. Bird: Mr. President? Borton: Mr. Bird. Meridian City Council February 6, 2007 Page 5 of 76 Bird: I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to approve the Consent Agenda as published. Roll call, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Gorton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department 1. Broadway Water and Sewer Project Update: Borton: Thank you. Item No. 6, Department Reports. Public Works Department. Broadway Water and Sewer Project update. Radek: President Gorton, Council Members, my name is Kyle Radek, I am a staff engineer in Public Works. I'm the project manager for the Broadway Avenue Water and Sewer Project. I'm here to ask for some guidance from Council. We originally specified that work in the intersections of Meridian and Main Street on Broadway would be done at night in this project and the contractor is requesting that we allow them to accomplish the work by closing the intersections on weekends. After discussions with Public Works director and ACHD staff, our conclusion is that allowing weekend closures would be safer, faster, and save us money and so I'd like to offer this topic for discussion of the Council to see if the Council had some opinions on the closures of the roads during the weekends versus doing night work and the value of that to the citizens of the community and to offer, if appropriate, concurrence on our decision. Borton: Thank you, Kyle. Bird: Mr. President? Borton: Mr. Bird. Bird: ACHD is fine with it and I don't see anything wrong with it. I think it's probably better to do it then than at night, because you have still got traveling at night and quite a bit of lighting up, so if that will save us some money I'm for it. I don't think it will tie the traffic up too bad. Rountree: Mr. President? Meridian City Council February 6, 2007 Page 6 of 76 Borton: Mr. Rountree. Rountree: Question for Kyle. What kind of time savings are we looking at? Because it seems to me that would be the significant element of this. Radek: Councilmember Rountree, President Borton, Council Members, our contractor estimates that doing the work only during nights during the week, which is what we had specified, would take an additional 30 to 45 days. Rountree: Thank you. Mr. President, if staffs seeking guidance, my guidance is to move forward with the weekend closures. How about the rest of you? Borton: I agree. Rountree: Time saving is a deal. If it didn't save money, it's that much less inconvenience to the traveling public. Radek: What I'm hearing is that you concur with our conclusion. Borton: Yes. Radek: We will go ahead and move forward with that. Borton: All right. Thank you. Radek: Thank you. Item 7: Items Moved from Consent Agenda: Borton: There were no items moved from the Consent Agenda. Item 8: Request for Reconsideration of Denial for Annexation and Zonina and Preliminary Plat for Portico Place Subdivision by Portico Place, LLC: Borton: Item No. 8, request for reconsideration, Portico Place, LLC. Anna. Canning: President Borton, you received a letter. Typically we don't give any additional testimony, other than what's on the letter. So, it's -- we just await Council's decision. Borton: Thank you. Council, any comments or action, if any, on the request? Hearing none. Mr. Rountree. Rountree: Mr. President, I think one of the issues were the design, the drawings, the street elevations. I think we have seen this particular product three, if not maybe four times, and there is an indication that elevations will be changing. They also had some Meridian City Council February 6, 2007 Page 7 of 76 issues with some buffer zones and it appears they have addressed those. So, I would be willing to reconsider this particular application and so move. Bird: I would second it. Borton: Okay. It's been moved and seconded to approve the request for reconsideration by Portico Place. Mr. Berg, if there is no further discussion, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Findings of Fact and Conclusions of Law for Denial: 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: Item 10: Findings of Fact and Conclusions of Law for Denial: 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: Borton: Thank you. That -- Mr. Nary, that renders Nos. 9 and 10 moot? Nary: Mr. President, Members of the Council, since you -- you could vacate Items 9 and 10. If ultimately the decision after now resetting this hearing to deny it, they would still be available, they. could be done. But simply vacate those items tonight. Borton: Okay. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we vacate AZ 06-052 and PP 06-053. Rountree: Second. Borton: Okay. It's been moved and seconded to vacate Items 9 and 10. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 6, 2007 Page 8 of 76 Borton: Mr. Nary, do we need to get a new date set for Portico Place now or have the applicant work with staff? Nary: Mr. President, Members of the Council, you don't have to select a date now, you can certainly work with them and, then, they will have to pay for the noticing as our standard practice is. There is a noticing charge for re-noticing this and they will just work on that and get that done in the next few weeks. Item 11: FP 06-054 Final Plat approval for 26 single-family residential building lots and 6 common lots on 10.59 acres in an R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: Item 12: FP 07-001 Final Plat approval for 41 single-family residential building lots and 5 common lots on 11.85 acres in an R-8 zone for Bellingham Park Subdivision No. 4 by Bellingham Park, LLC -Locust Grove Road and approximately %2 mile south of Victory Road: Borton: Okay. Thank you. Item No. 11, FP 06-054, the final plat approval for Southwick Subdivision. Mrs. Canning, any concerns? Canning: President Borton, Members of the Council, we have letters from the applicant stating they are in written agreement with the conditions of approval for both Item No. 11 and No. 12. Borton: Thank you, Mrs. Canning. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve FP 06-054, final plat. Rountree: Second. Borton: It's been moved and seconded to approve Item No. 11, FP 06-054. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Thank you. Item No. 12. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve final plat FP 07-001. Meridian City Council February 6, 2007 Page 9 of 76 Rountree: Second. Borton: It's been moved and seconded to approve Item 12, FP 07-001. Any discussion? Seeing none, all those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: MFP 06-006 Request to modify the approved fencing, landscaping and amenities for Madelvnn Estates (aka Basin Creek) by Pacific Landmark Development - 5603 North Locust Grove Road: Borton: Item 13, MFP 06-006. Canning: President Borton, Members of the Council, this is the Madelynn Estates project. The request before you tonight is for a modification to the approved landscape plan on the final plat. It's located at 5603 North Locust Grove Road, which is on the west side Locust Grove about a half mile south of Chinden Boulevard. It's currently zoned R-4. The requested modifications include the following: On the east side of the property along Locust Grove Road they are requesting to change the fence that was approved, which was a six foot high masonry wall and, instead, they would like to put a six foot high omamental iron fence with decorative rock, veneered columns spaced every 40 feet. They have also requested -- that is the primary one. The other one, since they were requesting a change, are included, but they want to, instead of putting sod down, for 60 percent of the area, they are asking to do seeded lawn. They are also asking to reduce the size of the approved picnic shelter by about 40 percent. It's still 20 feet by 30 feet, so it's still a large picnic shelter. They are also asking to reduce the size of the seating surrounding the basketball courts by approximately 50 percent to allow better access to the basketball court. They kind of had almost amphitheater like seating around over half of it and they are trimming that back. And, then, there is a slight modification to the driveway location for the existing home on the site. Normally, staff can approve minor modifications to a landscape plan if it's consistent with the Unified Development Code and if it was not the subject of discussion at the Council hearings, either for the preliminary plat or the final plat. In this case none of these items were specifically mentioned or discussed in length at the hearing, but they -- change going from the six foot masonry block wall to an omamental open vision fence, staff felt that that was considerable, especially given its location along Locust Grove Road. So, we didn't feel confident in making the determination that this was something staff would approve and that's why it's before you tonight. And with that I will answer any questions. Borton: Thank you, Anna. Council, any questions? Rountree: Mr. President? Anna, was there any specific reason why they indicated they wanted to do a masonry fence? Meridian City Council February 6, 2007 Page 10 of 76 Canning: Not that I'm aware of. Typically -- or sometimes we do see them along the arterials just for the sound buffering aspects of those walls. Again, it was -- we did check the minutes and it was not an item of discussion at any of the hearings, but it was part of the original proposal. Borton: Anna, in the final plat modification there is -- is there any notice provisions done for neighbors? Canning: The clerk may be better able to answer that question. I don't believe so, because it's just a public meeting, it's not a public hearing. So, it's placed on an agenda two weeks prior, but I don't believe any notice is sent out. Berg: Mr. President, Members of the Council, there is no formal noticing process, other than just putting it on the agenda. The final plat usually conforms with the preliminary plat, so the assumption is that it's just brought to you as the same plat. Borton: Unless modified. Berg: Yes, sir. Borton: Thank you, Anna. Council, any other questions of staff? Rountree: I have none. Bird: I have none. Borton: Is the applicant here? Care to comment? Okay. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we approve the request in Item 13 for landscape and amenities modification to the final plat, but retain the masonry wall fence on Locust Grove. Bird: Second. Borton: It's been moved and seconded to approve Item 13, MFP 06-006, with the one amendment of retaining the masonry wall -- Rountree: Fencing. Yeah. Borton: -- along Locust Grove. Any discussion? Bird: I have none. ~ s Meridian City Council February 6, 2007 Page 11 of 76 Borton: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Continue Public Hearing from January 23, 2007: RZ 06-008 Request for a Rezone of 8.96 acres (Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12) from R-4 to C-N zone for Lochsa Falls Office / Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: Item 15: Continued Public Hearing from January 23, 2007: MCU 06-002 Request for Modification of the approved Conditional Use Permit / Planned Development to remove the requirement for detailed Conditional Use Permit approval for development on Lots 41-45, Block 49, Lochsa Falls Subdivision No. 12 for Lochsa Falls Office /Commercial Addition by Farwest, LLC -south of Chinden Boulevard and west of North Linder Road: Borton: Thank you. Item 14, continued Public Hearing on RZ 06-008, Lochsa Falls Office /Commercial addition by Farwest, LLC. Canning: President Borton, Members of the Council, this is the Lochsa Falls Office / Commercial Addition. It's on the north end of Lochsa Falls just south of Chinden, so it's these subject lots just to the east of the L-O zoned property. The applications before you tonight are a rezone and a conditional use modification. The applicant requests approval to rezone Lots 41 through 45 from R-4 to the C-N, so that the zoning will reflect the future commercial uses. Four of the subject lots -- and those are the westem four -- were approved -- or conceptually approved for commercial -- for office uses with the original planned development. At that time staff was not trying to get zoning consistent with it. They kept their residential zoning, even though the planned development allowed additional uses. So, the four westem lots were approved for office uses and the one eastem lot, Lot 41, was approved for a commercial use. In addition to the rezone application, the applicant is asking to modify one of the conditions of approval that was in the Conditional Use Permit -- or the planned development and that requirement was that each individual lot receive conditional use approval prior to release of building permits. We do have some elevations. You can see the surrounding properties. There was Knight Hill or Knight -- one's Knight Hill and one's Knight Sky, but there are commercial uses approved to the north of this one and to the east. Here are some sample elevations that the applicant has provided in the hopes of removing their conditional use requirement. These are actually the office elevations on the Hastings Subdivision, which is the L-O zoned property just to the east. So, two of the lots have come in for the L-O zoning previously, as allowed through the original planned development. Okay. The Commission is recommending approval. They held their hearing on December 21st. Brian McColl, the applicant's representative, spoke in favor of the application. No one spoke in opposition. Jay Anderson, who is a representative for the Challenger schools, did comment on the application and they own Lots 41 and • Meridian City Council February 6, 2007 Page 12 of 76 • 42. So, those would be the two eastern ones, I believe. Yes. The key issues of the discussion by the Commission were the cross-access to the property to the east, which is the Knight Hill Center Subdivision. You may recall there is an access road coming off Linder, then, wraps around the building and connects with this private drive. Also, a key issue of discussion was the building setback from the centerline of Chinden Boulevard, which is currently at 135 feet. So, that would include the landscape buffer. The key Commission changes to staffs initial recommendation were to provide across-access to the east. And the outstanding issues from City Council that we are aware of were the building setback from the centerline of Chinden. The other issue is that the applicant is proposing C-N zoning on the whole property. That was their original proposal. Staff has geared the conditions and is recommending that this lot to the east be C-N, but that the other lots be -- have L-O zoning, consistent with their original planned development proposal. If Council decides to go forward with solely C-N zoning, then, they do need to -- the applicant does need to modify the development agreement to change those uses, because the development is pretty clear that -- or is clear that only this lot would have commercial uses, the others would all be office uses. And with that I will answer any other questions you may have. Borton: Thank you, Anna. And, for the record, we have opened the Public Hearing on Item 14 and 15. Considering both. Any questions for staff? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: One comment from staff was to provide cross-access to the east. Point that out for me, would you, please. Canning: That would be through the Knight Hill Subdivision property. They were going to provide cross-access going this way. It's just kind of a reciprocal cross-access, because this is not a public street, it's a private street. Rountree: Thank you. Canning: There was -- I should mention in appreciation of all those that have been developing along here, when the original project went through there was discussion about putting a sidewalk on one side of the street. For whatever reason a lot of the conditions of approval for Lochsa Falls never made it into the approved Findings. There is like six conditions of approval for those subdivisions, so -- and one of them was that sidewalk. But all the applicants have been more than willing to put a five foot sidewalk adjoining the north side of the private street, so that helps to make that a functioning street. So, I wanted to point out just in appreciation of all those folks that have met that requirement for us. Borton: Thank you, Anna. Any other questions of staff? • Meridian City Council February 6, 2007 Page 13 of 76 Rountree: I have none. Borton: Would the applicant like to come forward? • McColl: My name is Brian McColl, 420 West Washington, Boise, Idaho. 83702. I really don't have very much to add. The applicant in this case is Farwest, LLC, the owner of three of the lots -- the most easterly lots is Lochsa Falls, LLC. Lochsa Falls has sold to the Challenger school. The other two lots we have been working with Challenger school. The applicant has no difficulty in changing the request for rezone to L-O on the four westerly lots, with the C-N zone on the easterly lot, as staff just recommended. No difficulty with the suggestion or requirement of the sidewalk and the cross-access -- actually, we have been approached by the development on the comer there, the Knight Hill to have access to the private drive and -well, we haven't finalized the agreement. There will be across-access between the two parties. The only thing that's left and continues to be a small issue is the so-called setback requirement. The zone, should they be granted, have a setback of the building of 20 feet from the property line. IDT has sort of at the last moment, because they didn't insert this at the preliminary plat or the annexation and original rezone application, nor at the final plat for phase 12, but at the last moment have come in and said, wait a minute, we want to have the building setback 135 feet from the center line of Chinden. Current status is there is a 40 foot right of way from the center line. When my client developed phase 12, although that map doesn't very clearly show it, they reserved an additional 30 feet. That takes you to 70. Then they platted a landscape buffer lot of 35 feet, which takes you to 105. And, then, we have got the zone setback of 20, which takes you to 125 and we just think that that's enough. We don't think it's necessarily the job of this Council to sort of -- I don't know, impliedly do a condemnation by saying, well, now IDT wants 135 with setbacks, so we are going to impose that. Anyhow, that is I suspect the only issue and I will stand for questions if anyone has any. Borton: Thank you, Mr. McColl. Council, any questions? Rountree: I have none. Bird: I have none. Borton: Thank you. This is a Public Hearing. Is there anyone of the public who wishes to offer comment or testimony? Nobody signed up to do so. Anna, any final questions, comments? Canning: No, sir. Rountree: I think Mr. Bird has a question for Anna. Canning: Yes, sir. Bird: Why are we asking for 135? • Meridian City Council February 6, 2007 Page 14 of 76 Canning: Well, (believe -- Bird: Or why is ITD or whoever it is. Canning: Part of it is the change in our code that says setback shall be as determined by ITD. That's generally in regard to new development. This one's a little further along. But they have changed their thinking. Instead of 140 foot right of way, they are looking fora 200 foot right of way. So, that's where the extra 30 feet come in. And, then, it is an entryway corridor, so we have the 35 foot landscape buffer. So, if we were to not accommodate for that 30 feet, if ITD came in and took the additional 30 feet, then, you would have a five foot landscape buffer between the state facility and the structure. Bird: Thank you. McColl: Staff can correct me if I'm wrong. It's my understanding that the Hastings Subdivision that picked up those two lots to the west did not have that imposed upon them; is that correct? Bird: They did not. Canning: You're correct, sir. It doesn't appear to from this line and it does show all the Hastings Subdivision in there, so -- McColl: So, I suppose for consistency we'd ask that this particular rezone not be encumbered with that additional setback. Bird: Additional ten feet. McColl: That's correct. Bird: 125 to 135. McColl: It would be 125 to 135. Yes. That's right. The buildings and stubs, of course, would already be 25 foot -- 20 feet back from the property line. Bird: Okay. Canning: Sir'? Mr. President. I think -- ITD did change its thoughts on the necessary right of way recently. As part of the ongoing 20-26 corridor study they are now looking at increasing their right of way from 140 feet to 200 feet and they have been talking with the property owners out there and this isn't the only one that's resisted. None of them are particularly keen on the idea. The idea here is that there are very few structures currently built here. I mean there is -- as you can see, there is nothing up to here. We are just getting these started. This lot is still free of any structures and there are a few homes there. But they are trying to pro-actively work toward that additional right of way, • Meridian City Council February 6, 2007 Page 15 of 76 ~~ but it isn't a finalized document either, so they are trying to leave that open at least as a possibility. Borton: Any other information, Council? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I would move that we close the public hearings on Items 14 and 15. Bird: Second. Borton: It's been moved and seconded to close the public hearings on Items 14 and 15. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we approve the request to rezone 8.9 acres from R-4 to L-O for Lots 41 through 44 and C-N for Lots 45 in Lochsa OfFce Commercial Addition. Is that correct? Bird: That's the wrong numbers. Canning: Mr. President, it would be C-N for Lot 41 and L-O for Lots 42 through 45. Rountree: Just swap the end with the -- Bird: Second. Borton: It's been moved and seconded to approve Item 14 with the modifications mentioned by -- within the motion. Any discussion? Mr. Bird, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Council? Rountree: Mr. President? Borton: Mr. Rountree. Meridian City Council February 6, 2007 Page 16 of 76 • • Rountree: I move that we approve the request for modification of the Conditional Use Permit for Item 15. Bird: Second. Borton: It's been moved and seconded to approve Item 15, MCU 06-002. Any discussion? Rountree: I have none. Borton: Seeing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: AZ 06-045 Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: Item 17: Public Hearing: PP 06-047 Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for Eastwood Subdivision by Wirt Edmonds - 4515 South Locust Grove Road: Borton: Thank you. Item 16 and 17, public hearings for AZ 06-045 and PP 06-047, the Eastwood Subdivision. We will begin these applications with staff comments. Canning: Mr. President, Members of the Council, this is the Eastwood project. It's located on the west side of Locust Grove, approximately a fifth of a mile north of Amity Road. It is an annexation and zoning request, as well as preliminary plat approval. The annexation and zoning would be for 7.56 acres to R-4 and, then, the preliminary plat approval of 24 single family residential lots. The applicant has set aside 5.15 percent for usable open space, including a centrally located common area, as seen there. The density is 3.1 dwelling units per acre. This density does exceed the range outlined in the Comprehensive Plan. It is currently shown as low density, which would be up to three units per acre. So, they are requesting a step up to medium density for the site. And they do have to justify that to Council. That is Council's prerogative to allow them that step up in density. Staff has proposed a development agreement. That development agreement includes the following: That they -- that only detached single family homes and allowed accessory uses of the R-4 be allowed on the property. That there be a maximum of 24 units. That all homes within the subdivision shall contain at least 1,200 square feet of living area and all homes on Lots 11, 12 and 13, Block 1, shall be restricted to a single story and be subject to at a minimum a 20 foot rear setback. I believe that's these three numbers. We are checking on the numbers. I Meridian City Council February 6, 2007 Page 17 of 76 t~ apologize, I forgot to check on that, but I believe it's those three lots. And the applicant, I'm sure, will be able to identify those for you. I apologize. Also in the development agreement is a requirement for a five foot sidewalk and a 25 foot landscape buffer constructed to city code along Locust Grove Road, prior to occupancy of any new dwelling units. The Commission held their hearing on December 21st and they have recommended approval. Becky McKay spoke in favor of the applicant. No one spoke in opposition. Pat Sturgis commented at the hearing and also Pat and Jim Sturgis provided written testimony and I believe they are the property owners of this lot that is affected by several of the lots to the north. Yeah. It's 11, 12, and 13 are these three lots. Eleven. Twelve. Thirteen. The key issues of discussion by the Commission were what is an appropriate transition between the lots on the south property boundary and those with the East Slope Subdivision to the south. I think this is one of those cases where we have got an unusually wide lot to the south there that presented some different circumstance than we usually see. That was the key issue of discussion. The key changes to staffs initial recommendation were the -- that the applicant would be required to enter into a development agreement with the city. That there be a maximum of 24 units. And, as I mentioned before, that those three homes have single story houses and a 20 foot rear setback. And the west lot line of Lot 14, Block 1, shall be adjusted to align with the west lot line of Lot 17, Block 1, East slope. So, Lot 14 is that one there. So, the idea was to move this line, so it lined up with that one. Outstanding issues before City Council would be the proposed density and transitioning of lot sizes and the height of the home allowed near lots bordering the East Slope Subdivision. I think we have resolved it for the Sturgis property. Another neighbor came in today and I believe they are going to provide testimony tonight regarding the lots adjoining their property. So, they did just come in this afternoon. We have no written testimony that was not included in your staff report, though. With that I will answer any questions you may have. Borton: Thank you, Anna. Council, any questions? Bird: Not at this point. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: For Anna. Mrs. Canning? Canning: Yes, sir. Sorry. Rountree: What's going on here? Canning: That's a required landscape buffer and it looks like -- it appears to have some drainage in it as well. Rountree: Okay. That's a drainage basin? Meridian City Council February 6, 2007 Page 18 of 76 L~ Canning: Up north at the end. Yes. And just to the north of this project is the proposed Reflection Ridge. It's not showing up as platted or preliminary platted, but that is immediately to the north of this project. They will take access from that subdivision, as you can see. Oh, I'm sorry, Public Works had a letter that they have submitted to the President and -- regarding an additional condition of approval. Grady: Mr: President, Members of the Council, it's a little bit late in the game, but we did decide we needed a second water connection for this subdivision. It is out on the peripheral of the development and because it is so far away from a water source, we just require a second connection. Borton: Council, any questions? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: Question for Anna. On this lot line adjustment, what do you end up with for Lot 14? Or is that eliminated as a common lot? Canning: I don't believe they addressed that fully. So, I think they left it up to the applicant to see if they can maneuver those lines around and they may be able to provide some additional information. Rountree: Thank you. Borton: In the staff memo it makes reference to the 20 foot wide placement in the common lot. Is there a location for the second connection already suggested? Grady: No. But we will work with the applicant to make sure we can come up with something. Borton: Okay. Would the applicant like to come forward? Stiles: Sheri Stiles, Engineering Solutions, 1029 North Rosario in Meridian, Idaho. We had initially come in to the city requesting an R-8 for this property and staff had indicated in that meeting that they really couldn't feel comfortable with anything more dense than the R-4 would allow. So, we did redesign the project and come in with the request for R-4. We also had a stub street coming out onto Locust Grove that Ada County Highway District was not in favor of, particularly since there was access to another street just to the north of this property. So, we thought it was a good opportunity to eliminate an access onto an arterial street. Also, the existing home that's there will be able to be accommodated through the new street system. They will be able to access their garage from the interior streets and not require an access onto Locust Grove. Anna is correct in that we did -- we did agree that those three lots would Meridian City Council February 6, 2007 Page 19 of 76 be restricted to the single story and also that they would have a 20 foot rear setback. This lot is probably -- it's very wide and -- well, it's about 143 feet from here from side to side. So, it's hard to buffer. We did do our best in keeping that to three lots and did agree to skew that lot line and make it up through these other lots, these around here, so that they would not be impacted by an additional residential dwelling adjacent to their property line. There is not a whole lot you can do with these projects this size. It's really hard to make them pencil out. I don't believe the project will gain anything as far as being desirable by eliminating a lot on the south. It will leave the remainder some kind of odd lots and we would request that the step up for this particular project be approved. I don't know if you have any other questions. I -- Bird: Mr. President? Borton: Mr. Bird. Bird: Sheri, in that lot -- why can't we eliminate Lot 14 and put a line down there and 13 and 15 just become little larger lots? I know it eliminates one lot, but we are going to lone up -- if you don't do that you're going to have an awful small lot there. Stiles: Councilman Bird, Councilmen, Becky has laid this out to show that -- the way those lot lines would change and it's just that the -- being such a small project, you know, if it were a 180 acre project, taking out a lot or two wouldn't be a big deal, but in this case a seven and a half acre project, one lot can make a significant impact. That's four percent of the project. Borton: Sheri, to follow up on Councilman Bird's question, is the idea, then, that the -- that lot line between 13 and 14 would move to the east and the eastern lot line of 14 would not move? Stiles: This line would also be moved. All three of these lot lines would be adjusted slightly. Borton: And 16 is an existing house. Stiles: Yes. But we could -- we would still be able to meet setback and configure that a little differently there to -- to make a nice lot and not encroach on their area that they want to retain. Bird: Mr. President? Borton: Mr. Bird. Bird: Sheri, by taking that -- going back in, I misunderstood you. I didn't know you was going into 16. Are we still going to -- are we still going to maintain the 8,000 square feet, R-4 lots? Meridian City Council February 6, 2007 Page 20 of 76 Stiles: Minimum, yes. The average lot -- actually, the average lot size -- Bird: And the frontage? Stiles: I'm sorry? Bird: And the frontage also? Stiles: Frontage, yes. All that will meet the R-4 zone. The average lot size is 8,953 square feet. Bird: So, you will take out of the existing lot six feet? Stile: It will probably have to be adjusted just slightly, yes. Bird: I don't have any problem, then, if you can do that. Borton: Council, any other questions of the applicant? Bird: I have none. Rountree: I have none. Borton: No. Thank you. Stiles: Thank you. Borton: This is a Public Hearing. A number of people have signed up to provide testimony. When I call your name if you will, please, come forward. Scott Stewart. Signed up neutral. Stewart: My -- I am in -- well, by Lot 10 and 11. This is my property right here. Nary: Can you use this mike, sir. Stewart: Okay. So, this is my property right here. And I just want to go ahead and also request that -- Borton: If I could have you state your name and address for the record. Stewart: Oh. Okay. My name is Scott Stewart. I'm at 1360 East Pitkin Avenue. Borton: Okay. Thank you. i Meridian City Council February 6, 2007 Page 21 of 76 Stewart: So, my request would be that in addition to Lot 13, 12 and 11 having the one story requirement, that also Lot 10 would also have that same requirement, so as to minimize the impact on my home also. Borton: Okay. Thank you. Bernie Fisher is signed up, but it looks like it's scribbled across. Okay. Sheri Stiles signed up for. That's everybody who signed up to provide testimony. This is a Public Hearing. You bet. De Weir: Amy De Weir, 4550 South Ramona Street. Borton: Thank you. De Weir: And I live next to the man who just spoke and I would just like to reaffirm his request for a single living dwelling on Lot 10, not to have adouble -- single story. Sony. Single story. Borton: And are you the lot just to the north? De Weir: I'm not on there. I could point to where I would be if I was. I'm right beside him. Borton: You're going to have to use the microphone right there. De Weir: Okay. Yeah. I'm that one. With the red dot. Borton: Thank you, Anna. Okay. ®e Weir: Thank you, Councilmen. Borton: Okay. Thank you. Anyone else from the public who wishes to provide comment or testimony? Would the applicant like to come forward. Stiles: Sheri Stiles with Engineering Solutions. It would be a difficult layout on that Lot 10, because of how far you have to go back. I'm not sure that they could have -- put a nice single level house on that particular lot. The applicant would not like to be restricted on that lot as far as a single level, because of the configuration. It's going to be a little more difficult to build a house on that lot. Bird: Mr. President? Borton: Mr. Bird. Bird: Sheri, tell me what the difference between 11 -- 10 and 11? If you can do it on 11, why you can't do it on 10. • Meridian City Council February 6, 2007 Page 22 of 76 C~ Stiles: I believe that they'd have to look at it and see if the -- some of the plans that they are using, where they would meet that -- where they would -- how far back they would have to set that house and how big of an area they'd have left to actually build the house because of the setbacks. Ward Edmonds is here. He may be able to explain it better. Bird: I would like an explanation, because it looks like ten has actually got more frontage than 11 does, if -- and, you know, I don't know how close that is to scale, but -- Borton: Councilman Bird, I've got the same question, so I'd like to hear an explanation. Edmonds: My name is Ward Edmonds. 2297 North Chandler Way in Meridian. I was just talking to the lady that came up here -- Nary: Can you pull the microphone closer, sir. Edmonds: I don't know without looking at the -- that the frontage and how big that is and what I was thinking about, to put a nice home on there, to get a single level and a 20 foot setback, it may be possible, but I would have to look at it, but you'd get -- you got to make the house so long and come so far back from the road to get it the width to do the side setbacks, so I don't know what size house you can get in there without looking at it. But we don't have any objections to having another single story house there, you just might play with that backyard a little bit. I'd just have to look at it to see. Bird: Yeah. Mr. President, I don't have no problem with the setback, as much as just a single story, Idon't -- but Ijust -- it's beyond me how you could agree to the terms on 11 and not 10, because 10 actually looks like a larger lot to me. Edmonds: It looks like it and -- Bird: But I don't know how close that is to scale. Edmonds: Yeah. I don't know either, but it looks like it would be real easy to do, but what I'm saying is -- and I was telling the lady, maybe if you had -- would allow two story or just one or the other, you might end up with a lot nicer house there than you would if you just left it alone. But we are happy to do that. Bird: You're happy for a single story with no setback. Edmonds: Right. Right. Bird: Without the 20 foot setback. Edmonds: Right. And if he wants to just leave it and it might end up single story anyway, just leave the setback alone. One or the other. It's hard to say without looking at size of the lot and laying a house on it, you know. Meridian City Council February 6, 2007 Page 23 of 76 Bird: Yeah. I agree with you. Okay. Edmonds: But we are okay. We will work either way. Bird: Okay. Thank you. Edmonds: Make the neighbors happy. Borton: Any final comments from staff? Canning: No, sir. Borton: I'd entertain a motion to -- Bird: I move that we close the public hearings on AZ 06-045 and PP 06-047. Rountree: Second. Borton: It's been moved and seconded to close public hearings on Items 16 and 17. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Borton: Mr. Bird. Bird: Hearing no more discussion -- Rountree: My comment, Mr. President, is that it seems there is some confusion with the preliminary plat on this particular item, so if we move forward with Item 16, I would like to continue the hearing on the preliminary plat to see the final lots -- lot splits and dimensions to make sure that they are consistent. Bird: Mr. President? Borton: Mr. Bird. Bird: I would -- I would prefer that we open up both -- reopen and, then, continue both public hearings. Borton: I will second that. I tend to agree with Councilman Rountree's concerns to see those revisions. It's been moved and seconded to reopen the public hearings on Items 16 and 17. All those in favor? Meridian City Council February 6, 2007 Page 24 of 76 MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Borton: If I can get a motion to continue. Mr. Bird. L~ Bird: I move that we continue public hearings 16 and 17 to February 13. Is one week going to be enough, Anna, for you guys or do we need two? Canning: President Borton, Members of the Council, if you want a revised preliminary plat, I suspect that one week is not enough. If you want the concept of how that plat will be revised, then, you will need to go further out, probably, to allow staff time to review the applicant's proposal. Rountree: Mr. President, my lip reading tells me that we will have it tomorrow. So, one week would be enough. Bird: Okay. I move that we continue public hearings AZ 06-045 and PP 06-047 until February 13th, 2007. And this is one Councilman that when -- I want to see a preliminary plat and also an answer on Lot 10, if it's possible to be like 11, 12 and 13. Rountree: Second. Borton: It's been moved and seconded to continue Items 16 and 17 with specific directions to February 13th. Nary: Mr. President? Borton: Mr. Nary. Nary: Just to make it clear with the maker of the motion, is the intent, then, to limit testimony only to those issues on the hearing -- the continued hearing to the 13th? Bird: Just on the preliminary plat and the issue on Lot 10. Nary: Okay. Borton: Second agree? Rountree: I agree. Borton: Okay. Without any other discussion, all those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. • Meridian City Council February 6, 2007 Page 25 of 76 Item 18: Public Hearing: TE 07-001 Request for an 8 month Time Extension to record the final plat for Secret Garden Subdivision by Oliver Cleaver - 2490 North Locust Grove Road: Borton: Item No. 18. Public Hearing on TE 07-001, a time extension request for Secret Gardens Subdivision. Open this Public Hearing with staff comments. Canning: President Borton, Members of the Council, this is the Secret Gardens project. It's on the east side of Locust Grove Road approximately a half mile south of Ustick. It's a smaller project. It included one commercial office building lot, one common area lot on about one acre, with R-8 and L-O zoning. The applicant now needs a time extension. They state that the only remaining items are to submit water and sewer easements, along with shared parking, cross-easement, and to finalize the CC&Rs that are currently in the final draft form. You may remember it's an office lot out in front, with a shared access to some townhouses in the rear and, then, they left a stand of trees on the lower common lot, some large trees. So, they have received one time extension that was -- that I approved. Their original approval was in January 4th of 2005. So, in 2006 they applied for a one year time extension and I granted that. But any additional time extensions do need to be approved by Council. They did submit their time extension request prior to the expiration of that time. So, everything is in order, it just requires Council approval. And with that Iwill -- there are no outstanding issues to our knowledge, so I'll answer any questions you may have. Borton: Thank you, Anna. Council, any questions? Bird: I have none. Rountree: I have none. Borton: Would the applicant like to come forward? Is the applicant here? Anna, have you heard? Canning: No, I have not. He may not have been aware that he needed -- that this was a testimony, instead of a meeting. There are no conditions of approval, it's just a time extension. So, there is nothing for him to agree to or disagree with. If that influences Council's decision. Borton: Okay. Bird: Mr. President? Borton: Council? Mr. Bird. Bird: I move we close the Public Hearing on TE 07-001. Rountree: Second. Meridian City Council February 6, 2007 Page 26 of 76 Gorton: It's been moved and seconded to close the Public Hearing on Item 18. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. President? Borton: Mr. Bird. Bird: I move we approve the TE 07-001, an extension request for an eight month extension of the final plat for Secret Garden Subdivision by Oliver Cleaver. Gorton: Second. It's been moved and seconded to approve the request for extension, Item No. 18. Any discussion? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: This will be number two and our history tells us that there could likely be number three coming in eight months and we do have -- and have in the past looked at -- favorably one year extensions, but not multiple year extensions. So, I'm not going to be in favor of this particular motion. Bird: Mr. President? Borton: Mr. Bird. Bird: While making the motion and going to back it for eight months, I will state that I don't want to see it before us again. Borton: Okay. Any other discussion? Bird: Call for the question. Borton: Mr. Berg, if you would, please, call roll. Roll-Call: Bird, yea; Rountree, nay; Zaremba, absent; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Borton: Thank you. Items 19, 20 and 21, continued public hearings -- Canning: Sir? Meridian City Council February 6, 2007 Page 27 of 76 Borton: Oh. Canning: Before you open those public hearings, I believe the applicant has a timing request, if you're willing to consider it. I couldn't take the time to find out exactly what it was, because I was in the middle of the last hearing, so -- Borton: Okay. Wildwood: Thank you, Mr. President, Members of the Council. My name is Susan Wildwood. I'm an attorney and I'm here on behalf of the applicant. I was wondering if you could take any of those ordinances ahead of this case. We are waiting for Becky McKay, who is driving, hopefully at the speed limit, from the city of Star. So, if we could have a five minute delay. If not, then, we will just proceed without her. Thank you, sir. That's the request. Bird: Shall we do the ordinances? Rountree: Let's do the ordinances. Borton: Sure. Bird: Mr. President? Borton: Mr. Bird. Bird: I move that we continue the public hearings on 19, 20 and 21 until after Item 27, our ordinances. Item 22: Ordinance No. 07-1290 AZ 06-055 Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt by the City of Meridian Public Works Department - 2570 South Locust Grove Road: Item 23: Ordinance No. 07-1291 AZ 06-053 Request for Annexation and Zoning of 2.0 acres from RUT to a L-O zone for Ada County Highway District Locust Grove Road Pond by Ada County Highway District - 1280 North Locust Grove Road: Item 24: Ordinance No. 07-1292 AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: Item 25: Ordinance No. 07-1293 RZ 06-010 Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property by Ron Van Auker Meridian Ciry Council February 6, 2007 Page 28 of 76 -Northwest Comer of Eagle Road and Lanark Street (Lots 1 & 2, Block 1 of Olson & Bush Industrial Park: Item 26: Ordinance No. 07-1294 AZ 06-034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: Item 27: Ordinance No. 07-1295 AZ 06-056 Request for Annexation and Zoning of 5.2 acres from RUT to R-4 zone for Clearsprin~as Subdivision by Mike Hill -1035 East McMillan Road: Borton: Ordinance starting with 07-1290. We would ask that the clerk read these ordinances 22, 23, 24, 25, 26 and 27 by title only. Berg: Everybody's exited here. Thank you, Mr. President, Members of the Council. We will start off with No. 22, Ordinance 07-1290, an ordinance for annexation of property being situated in a portion of the northwest quarter of Section 8, 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. Berg: Ordinance 07-1291, Item 23, an ordinance for annexation of property being situated in a portion of the northwest comer of Section 8, 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 L-O 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 07-1292, Item 24, an ordinance for annexation of property being a portion of the west half of the southwest quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and C-G in the Meridian City Code, providing that copies of this Meridian City Council February 6, 2007 Page 29 of 76 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 07-1293, Item 25, an ordinance finding that Ronald Van Auker, the owner of certain lands -- real property made a written request for rezone of zoning classification for real property being situated in Lots 1 and 2 of Olson-Bush Industrial Park and a portion of the public road adjacent to the lots lying in the southeast quarter of the southeast quarter of Section 3, Township 3 North, Range 1 East, Boise 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 I-L to C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Item No. 26, 07-1294, an ordinance for annexation of property situated in a portion of Lots 3 and 4 of Strausser Farm Subdivision No. 2 as shown on the ofFcial plat thereof on file in the office of Ada County, Idaho, recorder and adjoining public right of way being situated in Lots 1 in Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtories 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 L-O 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: Item 27. Ordinance 07-1295, an ordinance for annexation of property located in the north one half of the northeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtories 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 and providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Borton: Thank you, Mr. Berg. You have heard these ordinances read by title only. Does anyone wish them to be read in their entirety? Other than Mrs. Wildwood, perhaps. Seeing none -- Meridian City Council February 6, 2007 Page 30 of 76 Bird: Mr. President? Borton: Mr. Bird. Bird: I move we pass ordinances 07-1290, 07-1291, 07-1292, 07-1293, 07-1294, 07- 1295 with suspension of rules. Rountree: Second. Borton: It's been moved and seconded to approve Ordinances Items 22 through 27. Mr. Berg, if you'd, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 28: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): Bird: Mr. President? Borton: Mr. Bird. Bird: I would note -- move that we remove Item 28 from the agenda. It is no longer needed. Rountree: Second. Borton: It's been moved and seconded to remove Item 28 from the agenda. All those in favor? Item 28 is gone. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Mr. Nary, we might take a short recess here in a second, but I had a question on Items 19 and 20 and 21. Would it be appropriate to open Item 21, the annexation issue, by itself or open all three of them at the same time? Nary: Mr. President, Members of the Council, you had granted the request for reconsideration of Item 21. When you had originally heard these items you had heard them all together and had continued 19 and 20 for, essentially, the Findings consistent with the decision that was granted on 21 previously. Tonight you only have to listen to 21 and, then, make a decision on whether the Findings are appropriate for whatever decision the Council makes. If not, you may need to open that to continue it to have Meridian City Council February 6, 2007 Page 31 of 76 Findings redone, if necessary, or to gather more information, but you certainly could only hear 21 if you wish. Canning: I hate it when I have to disagree with our attorney, but we don't actually have Findings for Items No. 19 and 20. What you directed us to do was to get conditions of approval for the preliminary plat. So, those we are going to present -- be presented to you in a Public Hearing format. So, I guess as far as -- one option that I would like you to consider is just to open up the annexation, make a decision on that one and, then, move forward to the other two. But we do need input either on -- we need input on the preliminary plat and it's still a Public Hearing. I'm sorry, I'm stuttering, but there is still open public hearings on Item No. 19 and 20. Borton: Thank you, Anna. Council, are you ready to proceed forward or -- Bird: Is Becky here yet? Shall we take a five minute recess? Borton: We will go ahead and do that. We will take a five minute recess and come back at 25 after. (Recess.) Item 19: Continued Public Hearing from January 9, 2007: PP 06-045 Request for Preliminary Plat approval of 73 residential building lots consisting of 46 attached single-family units and 27 detached single-family units and 6 common/other lots on 20.51 acres in a proposed R-8 zone for Spurwina Patio Homes Subdivision by Spurwing Limited Partnership - Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 20: Continued Public Hearing from January 9, 2007: VAR 06-020 Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Suurwina Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Item 21: Public Hearing: AZ 06-043 Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zone for Spurwin4 Patio Homes Subdivision by Spurwing Limited Partnership -Northeast Comer of North Ten Mile Road and West Chinden Boulevard and west of North Spurwing Way: Borton: We will go ahead and get started and we will open the Public Hearing on Item 21, AZ 06-043, and we will begin thus Public Hearing with staff comments. Canning: Thank you, President Borton, Members of the Council. This is the Spurwing project. It's on the north side of Chinden and northeast of the Ten Mile -Chinden intersection as shown on the slide for you. The three full applications that you will hear Meridian City Council February 6, 2007 Page 32 of 76 in order are annexation and zoning, preliminary plat and variance. Just to briefly remind you of the project, there are 35 lots proposed to be attached patio homes and 30 for detached homes. Access is from North Spurwing and, then, onto Balata Court and, then, it would take access from those two facilities, both in unincorporated Ada County. And, then, there would be an emergency access proposed out to Chinden at the Ten Mile intersection, basically. And that also serves as their annexation path. So, this emergency access that comes from about the intersection of Ten Mile and Chinden Boulevard, it's an L-shaped leg and, then, it would provide access to this parcel. And they are not providing direct public street, it's just emergency access. Then, to the north are the Spurwing one acre residential lots. On all other sides are the Spurwing Golf Course lots. So, where we left off is you did approve the annexation on December 12th with split zoning of R-4 and R-8. R-4 for the detached homes, R-8 for the attached. But you have not yet adopted those Findings and subsequent to your approval JoAnn Butler, representing one or more of the neighbors, has asked you to reconsider. You granted that reconsideration, so all those items were held over to tonight. Where we go from here, we will just, for the benefit of the public, we will -- to summarize, we will hear from the applicant, which is still the Spurwing corporation on this matter, because it is the original annexation and, then, you will take other public testimony, make a decision on the annexation, presumably, and, then, we will move on to the other applications as appropriate from there, just for those in the audience, because this is a little confusing on this one. So, with regard to the annexation, the staff report does note the fact that this is kind of a reverse enclave. It would be a city enclave in the middle of the county, with subsequent annexations or development of the adjoining properties not likely to occur given that there are large estate homes on the one acre lots and the golf course development surrounding the property. Staff originally brought this to Council asking if that annexation path was enough. The answer was, no, it was not enough. I told the applicant that they should consider additional property. They proceeded with the property as you see it tonight. But that was an original question I asked before I accepted the application. Staff is proposing a development agreement with this annexation. The issues addressed by that are as follows: That the applicant shall complete a record of survey for the property boundary adjustment. There was one necessary on the west end of the site and I believe a small portion on the east side, if I'm not mistaken. It's been awhile -- that are currently -- so, currently, portions of the subdivision as shown are not --are parts of other lots in Spurwing Subdivision. So, they need to complete that property boundary adjustment and submit a copy of that record of survey to planning staff. And, then, prior to annexation ordinance approval by the City Council, the applicant shall submit recorded warranty deeds to the planning department to reflect the current boundary of the proposed annexation and plat and secondary access to the subdivision as provided on the preliminary plat and the southwest comer of the property from Chinden Boulevard shall be gated both at the Chinden access and the internal subdivision access in accord with the police and fire department requirement. Okay. Thank you. Sony. I wasn't speaking into the microphone. With that those were the primary issues in the staff report that addressed only the annexation. And I'll answer any questions you may have regarding those particular items. Meridian City Council February 6, 2007 Page 33 of 76 Borton: Thank you, Anna. Council, any questions of staff? Bird: I have none at this time. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: If we could have just kind of a run through of the procedure for clarification. It would be nice if we had a slide that would say this is what we are going to do now and how we are going to proceed this evening. Obviously, it's a major interest to a lot of folks. Canning: Certainly, Council, for your benefit it is on the notes I provided you under staff recommends where we go from here. But to address that again for the benefit of the audience, you will conduct a new hearing. This is a brand new hearing, essentially, on the annexation, but only on the annexation question. So, if folks have comments on the preliminary plat, they should hold off on those until later in this hearing. Right now Council has decided to only hear the annexation. Because of the request for reconsideration, this is considered a brand new hearing. I have provided my staff input on that -- just the question of the annexation. The applicant would normally be allowed to go next and, then, followed by any public testimony. After Council is comfortable that they have received all the public testimony they require, you would normally close that Public Hearing and take an action. Once you take an action on that, we will open up -- or you will open up the preliminary plat and the variance application and take testimony as appropriate. Does that summarize it enough, Councilman Rountree? Rountree: Mr. President and probably for Mr. Nary, a point of clarification for me and maybe some of the folks. Does the previous testimony that's on record convey to this hearing or do we take all new testimony concerning this subdivision? Nary: Mr. President, Members of the Council, although it is part of the record, because you have granted a new hearing, then, you would need to hear new testimony. Rountree: Thank you. Borton: Any further questions of staff at this time? Canning: Sir? Mr. President, that only applies to the annexation. I just want to make sure everybody is clear on that. Borton: Right. That's the only Public Hearing that we have opened at this point. Canning: Okay. Borton: With no further questions, would the applicant, please, come forward. u Meridian City Council February 6, 2007 Page 34 of 76 Wildwood: Good evening, Mr. President, Members of the Council. For the record my name is Susan Wildwood. I'm an Attomey, I'm here on behalf of Spurwing Limited Partnership. We are going to bifurcate the first part of this presentation. There were legal issues that were raised. I'd like to address those. Mrs. McKay has arrived. Thank you very much for your consideration in letting us go just a little bit out of order. And she will address the bulk of the factual matters. And if I may start, then, with regard to this annexation -- Anna, could you, please, put up the former map that showed the outline? Thank you very much. I would like you to take a long hard look at this map, gentlemen. We are actually talking about annexing what was a previously platted lot in a county subdivision. So, this is an actual platted lot in a county subdivision that we are considering tonight. So, it's not a stand alone, it was not created for purposes of this hearing, it was actually platted in 1995. I provided for you some documents, one of which is the -- actually out of the restrictive covenants, master declaration of covenants for Spurwing, in -- on the second page under item 17, the restrictive covenants clearly indicate that the remainder of any of the platted lots in the Spurwing Subdivision may be developed at anytime in the future without any representation as to the total number of houses, whether or not they would be patio homes, et cetera. So, anybody purchasing would have received a copy of those restrictive covenants and they specifically indicate that that lot and -- which was never developed with the golf course, would have been subject to additional development. I also have available for you, although I don't have additional copies, so I will provide this to you, of a copy of the standard purchase and sale agreement used by the Spurwing Limited Partnership. This specifically indicates that buyers acknowledge -- and they are required to sign this document saying that they have received these materials -- that certain of the real property tracks located in Spurwing Subdivision remain undeveloped, but may be developed for anything, including residential condominiums, townhouses, or commercial uses. All of the individuals who purchased in Spurwing -- and I would like to hand this to you, Mr. Council President. Sorton: I'll hand it to the clerk. Wildwood: -- were fully aware at the time they purchased that this platted lot would be redeveloped in the future. Also, with regard to the plat notes indicating that there would be a moratorium on the property, that's not entirely correct. There was a plat note that said that certain of the common areas had to be utilized and as common areas as defined in Ada County code, specifically Section 8-48-7. That has been since amended and there is no time restriction in the Ada County code on a non-farm subdivision, it merely requires an annexation. I would point out that the City of Meridian has previously annexed properties and developed them with the identical plat notes. The Council considered in 2005 and '6 Dartmoor Subdivision that was previously developed as a non-farm subdivision with an identical plat note. It was subsequently annexed into the city and approved as -- please forgive me -- Kingsbridge, I believe, is the name of the amended plat. So, this is something that the city has done in the past. It's not an unusual sort of thing. When one -- when the city looks at annexation, they -- items to be considered as pointed out by Attomey Nary are three things. One is it contiguous to the Meridian City Council February 6, 2007 Page 35 of 76 city limits. In this particular instance it has -- there is this area of land that was platted originally offering access theoretically in the future out onto Highway 20-26. At this time I can represent to the City Council that ITD is not approving access points anywhere between the mile or the half mile line. So, it would be impossible to get any sort of access through the golf course out along Chinden Boulevard. The only access points that would be available, based on approvals from ITD, would actually be what is proposed to you right now along the Spurwing entrance out onto 20-26. This section of Ten Mile that might have been developed cannot be developed because of the development approvals for West Wing, which is a county subdivision as well. Ten Mile will not be extended immediately to the north in that location. This piece of property is -- that would constitute the pathway of annexation is a usable piece of ground as pointed out in my letter. You could actually separate out this lot alone and you could place a residence meeting the R-4 zoning on this piece of ground immediately as is presently constituted. Therefore, it is not a shoestring annexation, would not be a mere strip of ground as the case sited by Mrs. Butler, five feet wide and three miles long. That's not the case. The last thing that I would point out to you before I answer any questions of the Council, I would note that in Mrs. Butler's letter today to the City Council she's provided a copy of the future land use map adopted by the city. There is a red arrow on that particular map illustrating that this property is shown in the newly adopted Comprehensive Plan area of impact plan for the city. The city completed that process in March of 2006, indicating its interest in extending services across 20-26 to provide for a future annexation off this golf course property. At this time the golf course properties -- the open space area that are developed as the golf course, are in a long-term lease with the Spurwing golf course corporation, although Spurwing Limited Partnership retains ownership, that lease affects whether or not this property can be annexed, which it cannot be annexed under the lease term without permission of the corporation and the corporation has declined to go ahead and annex these additional properties. Whether or not this will develop in the future for residential lots is something that none of us either could have foreseen in 1995 when it was platted as a county subdivision or even today. This is an appropriate annexation bringing in, as I said, a previously platted lot originally intended for development as soon as city services would be available. It provides for a reasonable path of annexation to pick up these properties. Although the suggestion by both staff and Mrs. Butler is that because the golf course itself cannot be annexed in, it would not be an appropriate annexation, because the golf course is not going to be developed with residential housing, the only purpose for annexing the golf course would be -- and I can't say it's a bad idea -- but additional taxing revenues to the city, but it could not be developed for residential housing. And I believe those are the legal issues that were brought up by Mrs. Butler and I would be happy to stand for any questions. Thank you, Mr. President, Members of the Council. Borton: Thank you. Mr. Rountree. Rountree: Mr. President, Mrs. Wildwood, you represented the lot off of Chinden into that particular parcel as a build-able lot. Would you describe that to me dimensionally, indicate to me whether or not that is a separate lot, or is that part of the original lot that was subdivided out in this particular application? • Meridian City Council February 6, 2007 Page 36 of 76 Wildwood: Thank you. Mr. President, Council Member, it is not a separate lot. It was originally part of that platted lot. It was designed to provide access to Chinden at that time, sir. The diagram that I provided you was simply to -- which said that if it was a separately platted lot we could actually comply with the R-4 zoning setback and that was the purpose of that diagram, sir. Borton: Mrs. Wildwood, I have got a question and it's your -- your analysis sort of begs the question on that. You make reference to the R-4 in comparison that the square footage of this particular parcel, which creates the contiguous connection. Your letter listed it as 17,500 square feet for this particular parcel and perhaps that might be justification that there is legal and proper contiguity, for lack of -- if that's the term. But the case that's most often cited that strikes down, quote, shoestring-type annexations, utilizes -- I think it was a five foot wide strip that was three miles long, which using your analysis would be, actually, a larger parcel than this particular piece. So, if you could use your total square foot argument, how do you rectify that distinction? Wildwood: Thank you, Mr. President. All the jurisdictions that I'm familiar with, Eagle, Kuna, Caldwell, et cetera, when they look at whether or not a parcel of ground would constitute a shoestring piece of ground, they do not look at the total square footage. That was an original look at the five feet wide and three miles long, if you crunched it all together would, in fact, make abuild-able lot. Instead, the jurisdictions look at whether or not the parcel of ground provides the contiguity, if our -- again, I agree with you if that's the correct word. They look at whether or not the way it is presently constituted could you actually place a building on that piece of ground and made all of the setbacks. So, that's why we took the actual piece of ground as it exists today, taking it at its narrowest part. So, we looked at whether or not it had frontage along Chinden Boulevard that would comply with the R-4, which it does. That would be 60 feet, it has 09. Then, we took the actual width of the piece of ground, which is 50 feet, put what would be a minimum square footage house, 1,400 plus square feet, in the center of that and, then, determined whether or not it could meet the side yard setbacks, which, in fact, it could with two feet to spare. And so as the jurisdictions -- other jurisdictions that I have worked in, they look at whether or not you can put a building on it today and meet all of the setbacks and frontage requirements and that's what they look at, not can we scrunch all the footage together, but could we place a building there if it was a separate lot, hence the diagram. Borton: Thank you. Wildwood: Any other questions? Rountree: I have none. Bird: I have none. Meridian City Council February 6, 2007 Page 37 of 76 Wildwood: Thank you. And, then, I would tum the time over to Becky McKay. Thank you, sir. Borton: Thank you. McKay: Good evening, Mr. Chairman, Members of the Council. Sony for my late arrival, but I had to go to Star city council tonight and they went a little slow. So, I ended up getting deferred over there. I hate to, you know, rehash what we have discussed in length in past hearings, but I'll try to just kind of be as brief as possible, but yet summarize, you know, what has transpired. And I won't, obviously, repeat what Susan already went through. This particular property, as we had previously stated, was a platted lot within an existing subdivision, with the exception of a sliver over here and a small sliver over here. The staff asked us to submit application to Ada County for a lot line adjustment prior to annexation or adoption of the ordinance officially annexing the property, if that were the case, in order make this a legal parcel. We had -- we have frontage out to 20-26. I have talked with Joe, I have talked with the police department, that would be used for emergency vehicle access and would be double gated, one on each end, but allowing enough offset off of Chinden so that emergency vehicles, if need be to get in there, would have the room to pull their trucks out of the right of way and not create any hazard. We have one access here onto Balata Court. Now, your Comprehensive Plan is designated medium density residential. As you well know, three to eight dwelling units per acre. With the modifications that we have made and based on input from the Council, we are at 3.17 dwelling units per acre. We went from 73 total units with 46 attached, 27 detached, down to 65 units where we have 30 attached and 35 detached. So, basically, that was a reduction of eight lots or almost an 11 percent decrease in density. And we did that willingly in order to try to mitigate the impact upon the Spurwing neighborhood. We revised all of these lots to be 10,000 square feet, which was what was staffs original recommendation. If you looked at this original staff report, the application for the R-8 met the intent of the requirements within the Comprehensive Plan. In order to try to find some middle ground, we did agree to a split zone. I submitted a plat for the Council, for the staff, so that all of this area here and here would be R-4, the R-8 would be isolated right here, as the Council in past applications has been more comfortable with that R-4 designation when we have large estate lots. And so we were comfortable with that. I believe that we have addressed all of the concerns on this application. Susan has done a wonderful job analyzing the issues that were brought up in Mrs. Butler's letter and I think that this application meets the test as far as annexation is concerned. Your urban service planning area, our area of impact, all of that -- that movement to the north was done in 2006. This was designated medium density residential at that time. Obviously, Spurwing was preexisting. All the other uses out there are the -- the estate lots were preexisting, so the Council, the staff, and everyone was quite aware of what type of development medium density would bring and what this adjoined. This is compatible. It is residential against residential. When we look at what the Council has approved on other applications, Irvine Subdivision right across street, which is our point of being contiguous here at 20-26, you zoned and annexed R-8. It has considerably higher density than what we have. Knight Sky to the east, you zoned it R-4, R-15, and a Meridian City Council February 6, 2007 Page 38 of 76 commercial designation. Along this corridor for Chinden we are going to see some mixed uses. I think your comprehensive land use map has done a good job of delineating that and taking into account the fact that 20-26 will at some point in time be a five lane major state highway. This is isolated with the golf course wrapping around it on the three sides and I think what we have done here with the larger lots, we still left a considerable amount of open space in there trying to maximize that transition, that buffering as recommended and promoted in the Comp Plan and in the ordinance. Mr. Hewitt's agreed to a block masonry type wall. He's met with some of the neighbors, talked to them about landscaping, about the wall, and I think this project is a good project. And, like I said, many times before this is not inconsistent with the developments that we see around golf course facilities. We are trying to provide a mix and at the time Spurwing was done it was anon-farm was the only available option for development and the golf course, the clubhouse, the estate lots, it's a beautiful development and I believe what we are proposing here at the time 3.17 dwelling units per acre will compliment that. Do you have any questions? Borton: Thank you. Council, any questions of Mrs. McKay? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: Mr. McKay, you indicated that the applicant had met with neighbors. Could you elaborate on that? Were there -- I see the list of people wanting to testify and the letters we are receiving and it seems that the residents not only in this neighborhood, but now in adjoining neighborhoods, are not pleased with what information they have. I'm not sure what their issues are, because this is a new hearing where we have to hear all new testimony. But has there been an effort on the part of the applicant to bring the neighborhood together and discuss these issues and resolve issues that can be resolved and bring issues that can't be resolved to the Council so we can make a decision? McKay: Mr. President, Councilman Rountree, we held -- we had a neighborhood meeting where we did notify everyone within 300 feet of our application. It was held at the country club, so that it was convenient. Lunch was served. We kind of had a roundtable discussion. We got some input. At that first neighborhood meeting the overwhelming input that we received, with the exception of a few dissenters, seemed to be positive. Comments that we received were we think this will be a nice addition to our neighborhood. We knew this application at some point in time would happen, based on the fact that the sewer and water and Meridian annexing out to Chinden Boulevard. Some people even expressed an interest in selling their acre lot and possibly buying one of the patio homes, just due to the lower maintenance and change in lifestyle. So, I was quite surprised the first neighborhood meeting we had. We also, then, had a second neighborhood meeting at Spurwing country club again. We did notify everyone within 300 feet. There was just a handful of gentlemen that attended. Most of them, I believe, were people that did not attend the first meeting and, then, they wanted to see Meridian City Council February 6, 2007 Page 39 of 76 what the application was going to look like. I did receive, I think, a couple of phone calls. I discussed with the people on the phone what changes we have made and, then, I know that Mr. Hewitt has met with Jerry Frank, who lives in the end lot, and based on, obviously, the transportation system here is probably the one most impacted where we wrap around two sides of his estate lot. So, I know that Mr. Hewitt has met with him and talked about landscaping and setbacks and buffering and got input from him. Then, he°s talked to some of the other neighbors. I was not involved in those meetings and talked about buffering and what their thoughts were, any recommendations they had. You'd have to ask him the question. So, there have been quite a bit of communication and this application is evolved through the hearing process, too. Obviously trying to mitigate that impact. Rountree: No further questions. Borton: Thank you. McKay: Thank you. Borton: This is a Public Hearing. There are a number of people who have signed up to provide testimony. When I call your name if you will, please, come forward and state your name and address. Kathleen Rudeen. Signed up against. Nary: Mr. President, I don't know if you -- Mrs. Butler may be representing a number of people that might assist, if you wanted to allow her to, if she's representing a bunch of folks, and we have done that in homeowners associations. I think it's your decision as the chair, I just put that out. Borton: That would be fine. Mrs. Butler, if you want to come forward and I don't know who you speak for and who you don't on the list that I have got, but I'll let you go and -- Butler: And we will try to not make the testimony redundant and I hope you can indulge me a few extra minutes. JoAnn Butler, 251 East Front Street, representing several of the property owners adjacent to and in the vicinity of this proposed development. We are talking about the annexation right now. I know you have had a great deal of explanation on the plat and so on and the merits of the project. Right now what's before you is the public matter of annexation, not the private restrictions on the property under the restrictive covenants, not what the lease says and so on, but the -- and focus on the private matters that have been raised so far may be due to perhaps not as many helpful facts as you might need to support that public matter, which is annexation. But we are asking you to, please; separate out the private from the public -- the private from the public. Mrs. McKay has done a yeoman's job of trying to demonstrate the merits of this project, but the plat and its landscaping and so on don't go to the heart of the matter that's before you right this minute and that is should this property be legally annexed. And I know you're going to rely a lot on your city attorney here tonight, because these are legal issues and so just to address some of the issues. This is a platted lot in a subdivision that was approved in the county. That's true. That doesn't mean that it Meridian City Council February 6, 2007 Page 40 of 76 should necessarily be annexed legally. The CC&Rs indicate that lots can be subdivided and so somebody has said that that means people were aware. That still doesn't answer the question of whether or not this should be annexed into the City of Meridian. And, of course, as we have argued before, people were aware that there is a plat note that says development won't happen for 15 years. And so possibly what we have here is just prematurity. The fact that you have may have annexed in and avoided that 15 years in other subdivisions, again, that may be true, that does not necessarily make it legal. But that's a private issue and I'm not asking you to opine or make a judgment on that 15 years, because I do think that's a private issue. The mere public issue that's before you is is this appropriate for annexation. We talked about contiguity. Somebody mentioned that the lease evidently indicates that the tenant does not want to annex. ®bviously, the tenant could annex and that would -- and if that's what it takes for contiguity, so that you have the ability to annex legally, perhaps that's where we need to be looking. It appears from the letters going back and forth that the issue for Mr. Hewitt and our clients is for both of them, whether the annexation requested is reasonable and orderly. Mr. Hewitt says yes and our client says no. We hope with the letter that we were able to provide to the city today that we have been able to help the Council come to grips with that decision that you have to make tonight. You have to make that decision whether the contiguity is merely a shoestring that leads to disorderly development at this time at least for Meridian. And, of course, state code says that the city council has the power to declare such land annexable, so long as it is not connected only by a shoestring or, on the other hand, by a strip of land which comprises a railroad or a highway right of way. Borton: Mrs. Butler, can I interrupt you on that -- Butler: Sure. Borton: -- that point. I'm curious as to your response to Mrs. Wildwood's analysis on being able to place a building lot within this particular parcel. Butler: Yeah. The -- thank you. The argument has been made that this shoestring can be used. Any property can be used, but that really doesn't go to the heart of the matter. That's not the question. It's true that there is a diagram that you have been provided that a house might be able to be placed in this area. Something could have been done with a long extended shoestring that the case law -- the little bit of case law that we have in Idaho demonstrates. What the issue really comes down to is it -- and it's not platted as a house, it's not being used like that, it is being used merely as a private shoestring. And so I think that begs the question. Any property can be use for anything. And it was a question or a comment was made that other cities -- Mrs. Wildwood has the experience that other cities do or don't do -- what they do regarding shoestrings and evidently she's had the experience that other cities do an analysis maybe like she's demonstrated here, maybe it's been at her behest, but what's appropriate for Meridian is not what other cities in Idaho do, but what does the statute say and what does the law guide you and your city attorney towards being comfortable that what you are doing is creating orderly development. Because contiguity, this • Meridian City Council February 6, 2007 Page 41 of 76 touching, has become a stand in for the real question, which is is the particular annexation -- does it allow for a well organized city. And if not, then, the annexation should be rejected, because it tends to create a very crazy quilt kind of look to the borders of the city, making it difficult for your city to provide services. And I know you have heard that from both your police department and your fire department in terms of servicing such as area. And, again, this is a city -- this would be city property surrounded totally by the county. You know it's a legislative session and you're probably very much aware that there are people looking at possibly trying to curtail the city's ability to annex property and it's precisely because of this thought that annexations are occumng kind of Willy-Hilly and in an disorderly fashion. And so with that in mind and with our legal analysis in mind, we are asking the Council to look at what we think is at this point in time a crazy quilt kind of way to annex into the City of Meridian of look at that -- look at that and say that it is premature. At this point I think that -- I have addressed the annexation issues. I hope that you will rely on your city attorney and I'll save -- although we did hear a lot about the plat just now, I'll wait until that's actually up if we have to get there. And, of course, I really would appreciate it if you have any questions. By the way, I would mention that the notice to the 300 folks -- that may not be really the issue here, but you were asking has there been an attempt. Possibly some folks in the audience will tell you, because they were there, but there was no -- you know, I guess out to 300 feet. As you can see from the size of lots in the vicinity, that that notice doesn't get very far and, obviously, as somebody raised the CC&Rs, this group of lots would be under the same restrictive covenants that all these other lots are under. It's a neighborhood issue. And, unfortunately, the first meeting was held in December 2005. At that point a very different project was presented, sort of a double gated use. It will have its own access to Chinden. It -- I would beg the question as to whether enough conversation and working together has been done at this point. And with that I will stand for any questions that you or your Council has and leave the rest to others who may be before you. Borton: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Borton: Mrs. Butler, I have one question. I can't resist. Would your opinion or analysis be different if this hole number two, the southern property, were included? Butler: I have to say -- I mean I -- given what I have seen from our case law, it looks like the length there and the contiguity would be such that you would strictly pass that legal test. Now, that may seem silly to you, that why should we just go through that exercise, but I think that exercise deals with precedent and a desire for our legislators and our court to try to make sure that we aren't touching by a mere shoestring. Borton: And the reason I ask the question is whether or not, you know, hole number two in this analogy is included. It seems to solve this physical restriction on the Meridian City Council February 6, 2007 Page 42 of 76 L~ • geography, but it doesn't -- in this particular case it wouldn't change the city's ability to provide any particular service. You make reference to fire and police access to the lot, including number two, it says alleviate the annexation concern. It, actually, doesn't provide the city any additional means to provide those services. Butler: What you bring up is the fact that our annexation statute raises a number of issues. It talks about not annexing if you have got a shoestring, that's mere contiguity, but it also asks that -- the main question: For orderly or disorderly development. That you need to strive for that orderly provision of services. So, yes, that lot -- or that golf course lot being added would negate the contiguity argument. It still would not negate the argument under state code and the cases that the delivery of services to this area is still not appropriate for annexation. Borton: Thank you. Council, any other questions? Okay. Now, I have got the list of people who signed up. If Mrs. Butler was speaking on your behalf, just let us know. We will go through it for the sake that we don't want to omit anybody. So, when I call your name, please, come forward and state your name and address. Kathleen Rudeen. Against. Signed up against. Mrs. Butler's -- okay. You don't have to. I'm just going to give everyone an opportunity to either testify or indicate if someone has spoken on their behalf. Gina Ingle signed up against. Ingle: Good evening, gentlemen. My name is Gina Ingle. I live at 2819 West Balata Court in Spurwing. I would like to speak to the issue of the meetings, which I think Mr. Rountree brought up. Recently we were scheduled to have a homeowners meeting in January. The homeowners association. We were directed not to have the meeting, because Mr. Hewitt told the president of the association that he didn't want anyone talking about the Spurwing development at that meeting. Therefore, he requested that it be canceled. So, we did not have in the past or at that canceled meeting, an opportunity to speak with him about landscaping or any other thing connected with that development. And he has not showed any inclination to speak to any of us since the last meeting in March of 2006. And most of us here this evening are represented by JoAnn Butler. Thank you. Borton: Thank you. Bird: Mr. President, I got a question for her. Borton: Mrs. Ingle. Bird: Does Mr. Hewitt run your homeowners association that he can call meetings or cancel meetings? Ingle: Apparently he does. Bird: Don't you have elections and don't you have officers? Meridian City Council February 6, 2007 Page 43 of 76 tingle: Yes, we do. But our president -- Bird: And bylaws and everything? Ingle: Yes, we do. Our president called off the meeting at his instructions. Are there any other questions? Bird: It don't sound -- I think I'd check into my homeowners association. Ingle: Yeah. Well, we did. Burton: Thank you. Chris Ingle signed up against. Okay. Thank you. Rick -- is there a Rick here? Any Ricks that would like to provide any testimony? I can't read the last name. I apologize. It looks like a Lori and Rick -- seeing none. I apologize for mispronouncing names. Brian and Beverly Brown. Or Beverly. Mr.Brown? Okay. Thank you. Bemie Fisher signed up against. Okay. Andrea Nist signed up against. Okay. John Flagherty. Okay. Chuck Compton sign up against. Brian Black signed up against. Black: Brian Black. 7061 Penncross Way, Spurwing Subdivision, Meridian. I'm also with Mrs. Butler and the rest of the neighbors. As far as the notification on the -- with the homeowners association, we do have elections with the homeowners association. We do have a board of directors. The way the CC&Rs are written there is some ambiguity there that Joc still controls and has all the say and can appoint or unappoint board directors, as long as he controls one lot within the subdivision. So, we are, as a homeowners organization, a majority against, but have no representation legally as that entity. And that is -- that's another private matter that we haven't addressed yet, that we haven't had the opportunity -- we have been addressing these matters right now as a group of lose knit individuals that are opposed to it, but we are the -- a very large percentage of the neighborhood. And the meeting was called off last week -- or it's been two weeks now -- for those reasons. And as -- one other comment. Have we been notified as a neighborhood? No. The people within the 300 foot limitation were. We live just around the comer to the east of the development, just passed the clubhouse, would fall outside of that 300 feet. Our lot is approximately 200 feet deep. Through a fairway in between. We are adversely affected by all of the development, the traffic, some of the other issues that go with it and to not be notified or included means - - it seems foul play. That's all I have. Burton: Thank you, Mr. Black. Holly Katowski signed up against. Okay. Thank you. Joy Compton. Signed up against. Compton: Good evening. Joy Compton. 7014 North Spurwing Way. Canning: Ma'am, can you pull the microphone down a little bit. Thank you. • Meridian City Council February 6, 2007 Page 44 of 76 Compton: Good evening. Joy Compton. 7014 North Spurwing Way. It appears that we are able to bring up things other than the annexation at this time, because other people have been speaking to issues of notification, because my comment is not related to that. Nary: Well, ma'am, I mean the notification is still related to the annexation question, so -- Compton: Okay. All right. So, here is what I'd like to say, because it was mentioned by the applicant's attorney, that people had signed a paper saying that they were well aware that this piece of property could be developed into anything practically. I mean no holds barred. Many of us remember in our verbal dealings with the developer when we were making our agreement to purchase property, that numbers from 30 to 35, tops 40 -- most people remember it in the mid 30s for the number of dwellings. No mention of connection, no mention of stacking, nothing like that was ever mentioned to any of us. We all came in there knowing that, yes, that piece of property was going to be developed, it was going to be up scale townhouses patio homes type things, whatever the dictionary -- however that might be legally defined, it was made clear to us that those would be single family up scale, very much in keeping with the homes that we were all planning to build and we did build under the CC&R restrictions. And so I think it's very unfair to say that we signed on to something. We took a gentleman at his word and that's why my husband and myself purchased our property. Had we known that this was going to happen later, I can tell you we would not have done so. Thank you. Borton: Thank you, Mrs. Compton. Dolores Ashley signed up against. Ashley: I'm Dolores Ashley. 6951 North Penncross. I sit on the infamous board of directors of Spurwing Country Club. And, yes, we have tried, what has some days seemed in vain, to represent the homeowners with regard to their concerns about what's going on in the neighborhood. And, yes, what Mr. Black said is perfectly true. We serve at the pleasure of the developer, as long as he -- and he currently has two unsold lots on the one street. So, there you have it. That's our pickle. Thank you. Borton: Thank you. Jim Johnson signed up -- all right. Sheri Stiles signed up in favor. Amy Jorgensen signed up against. Okay. Thank you. Is it Dee Ashley? Ron Ashley. I apologize. Okay. Thank you. Susan Wildwood. Becky McKay. Both have provided testimony. Claire Treerice. Okay. Thank you. And Bob as well? Stephanie Stevenson. Signed up against. Stevenson: My name is Stephanie Stevenson. I live at 3075 West Balata Court. In regards to Councilman Rountree's question about whether we were approached about the fence -- or the wall, I live at the very last house that this -- on the end there and I have never been approached. My husband nor I have never been approached about it -- about what would -- the wall would be designed about, how it affects our backyard, which is fairly large, because we have that cul-de-sac. And in regards to the first meetings that we had about this, I don't remember it being quite that glossy and happy. Meridian City Council February 6, 2007 Page 45 of 76 I remember a lot of people with questions and not being very happy about it. And the second meeting, if I remember correctly, was held on the Fourth of July weekend, so many people couldn't attend. So, that's all I have to add. Borton: Thank you. Richard Moritson. Okay. Thank you. That's all of the people that have signed up to provide testimony. Is there anyone in the audience who hasn't signed up who wishes to provide testimony? Please come forward. State your name and address for the record. Barrea: I'm Frank Barrea. We live at 6905 North Spurwing Way. And two items. First of all, we were never notified of these meetings, so the 300 foot requirement that they have for notification certainly didn't reach us. And as recently as -- my wife Cass and I just bought our home a few months ago, but prior to that we were considering building in Spurwing and we had called on one of the two lots that Hewitt still had available for sale and during that conversation we were told that they were going to be developing this area, they would be putting in some patio homes, and there would be about 30 to 35. They would be very nice homes and we might want to consider those as well. So, as recently as a year ago that's what we were hearing directly from them. So, those are my two comments. Borton: Thank you very much. Any other comment from the public? Hewitt: My name is John Hewitt. I live at 7212 North Spurwing Way and I'm the developer of this project and, apparently, I'm the big bad wolf. All I can say is, first of all, regarding the homeowners meeting. I never gave any instructions to cancel any meeting. I was approached by Mark Hardwick who told me that a number of the homeowners wanted to add items to the agenda that the board did not approve to be added on and that these item would not discussed at the meeting. That's what I was told. I never told Mark that he was going to cancel the meeting; he wasn't going to have a meeting of any sort. I never issued any documents or whatever. I do have control of the majority of votes. I haven't involved myself in the affairs of the homeowners association during all these years, because they have, up to this point I think done a pretty good job. But I think that there has been a little bit of confusion about what the responsibilities of the homeowners are, as opposed to what the wishes and desires of some of the homeowners outside of the association are. And so that's about all I can say to that. But what I want to say just briefly is that this property has been in our family since 1887. This project here is well designed and well thought out. The master plan was done by Bill Robinson who has about 45 years in golf course and golf course community development. He's also the master plan designer of the golf course and we are beginning some new improvements on the golf course starting next Tuesday. This project here is in harmony -- in fact, it's right out of the play book for golf course communities and to put some numbers in perspective for you, typically with an 18 hole golf course community you have anywhere from three to five hundred units. At the most we are planning here is not even half that. So, the density issue we are way under that. But this plan here is in harmony with the club and it's also in harmony with your Comprehensive Plan and it deserves your unwavering support. Thank you. ~ ~ Meridian City Council February 6, 2007 Page 46 of 76 Burton: Thank you. Hewitt: Any questions? I would be glad to answer. Burton: Council, any questions? Thank you. Rountree: Mr. President? Burton: Mr. Rountree. I guess there is one question. Rountree: I do have a question. And it keeps coming up and it's come up again this evening. People have relied on verbal communications, what they took away from those verbal communications. So far I haven't seen anything in writing. But that they were led to believe that there would only be 30 to 35, maybe 40 patio homes. I don't know in what context that may or may not have been given, but other than one end of this particular annexation we are talking about patio homes; is that correct? Hewitt: I'm not sure I understand your -- are you talking about the R-8 versus the R-4? Rountree: Yeah. Hewitt: Yeah. The patio home section and the others are, essentially, two unit condominiums. But anybody that has inquired about this -- of course, you always remember what you want to remember, but until the project and the property is planned out and it's put down on paper and it's in harmony with what Meridian's master plan is, we really don't know what the number of units are per se. But in everybody's purchase agreement that purchased their lot from the developer, myself, it says in there quite clearly that this lot may be developed into townhouses, condominiums, patio homes, whatever. And so it's quite clear not only there, but also in the homeowners' declaration. Rountree: Thank you. Bird: Mr. Hewitt, I got a question, too. Mr. President. Now that you brought it up. The annexation lot that's coming through there, between the green on two and the tee box on three, you have got a cart path and stuff. Now, is that part of the lease with the -- with the golf course or -- existing lease with the golf course to have that area, the right of way through there for their golf carts -- the golf path? Hewitt: They will -- they will have access to run their cart path across the emergency vehicle access. We also -- if I may. Canning: Mr. Hewitt, there is a laser pointer at that podium if you want. Bird: Grab that mike and talk into it and you're okay. Meridian City Council February 6, 2007 Page 47 of 76 Hewitt: Okay. The clubhouse area is here and this is where all the golf carts are staged. The first tee box is right here, so as the daily play goes on I mean everybody drives right across Spurwing Way here. And as they continue around here, then, this path here will cross an emergency vehicle access. We have another .emergency vehicle access up here, which connects the end of Balata Court here over to Spurwing Way and that also doubles as a cart path, so nothing unusual. Bird: But, sir, what I'm getting at is that is -- that is either leased -- that property is either leased by the golf course or you're -- when -- if we do the annexation through here, that property does not have anything to do with the golf course and you're giving them a right of way through there? If you -- and we were told that you could put a -- it's an R-4 lot. What if you sell it? Is it going to be part of the sales agreement that they have to provide a right of way through there for golf courses -- or for golf carts? Hewitt: Well, this parcel right here, of course, is a part of this lot and this is not part of the ground that's leased to the golf course. So, the golf course does not lease this parcel here. Bird: No. I understand that. Hewitt: And so what I will do is I will give the golf course access across here so the players can move on to the third hole and that shouldn't present any problem in any way, shape, or form. If this is used strictly for emergency vehicles, if somebody has to come in or out of this for any reason, I mean it doesn't present any problem, because, you know, as you're operating your golf carts you got full view of everything there. And the same thing up here. You know, when we have had various emergency vehicles coming this way and it just really doesn't present any kind of problem. Bird: Yeah. And Idon't -- I understand that. Thank you. Hewitt: Anymore questions? Borton: Thank you. Would the applicant come forward for final comment? Wildwood: Thank you, Mr. President, Members of the Council. Again, for the record my name is Susan Wildwood and a couple of different things. I know that there has been comments by the public on 30 to 35 condominiums or attached houses. In fact, that's what this project actually has. It has 30 condominiums, attached houses, plus other single family. There has been absolutely no misrepresentation anywhere along. It's a question of how many townhomes. That's exactly what they were told and that's what's proposed. With regard to Councilmember Bird's question, this is a platted lot only for purposes of emergency access. It's not a residential lot. The example I used was simply dealing with the question of contiguity. My comments about what other jurisdictions do has -- with regard to deciding whether or not a piece of property is contiguous. The requirements under Idaho Code are before annexation can occur a Meridian City Council February 6, 2007 Page 48 of 76 class A is -- the property must be contiguous to the city. They don't say what that means, but they are all very clear that as a mere strip of land or a highway or a railroad does not constitute contiguity. The question becomes for the jurisdictions around and I think Meridian has used the same analysis as well. Is it a usable piece of ground. If it is a usable piece of ground and it is contiguous to the city limits, it, then, constitutes contiguity. The courts -- we don't have a lot of precedent, that's why Mrs. Butler had to go outside of the state to look for other cases. The only case on strip annexation has to do with the five feet and three miles long and that's a radically different point than what we brought to you. Mrs. Butler ignores the fact that she brought these issues up in her letter and that's why we address what the issues were as far as contiguity, is it a usable piece of ground. In this case the applicant has requested the city annex the property. So, two of the tests are met and the city makes the decision whether or not it determines that this is a piece of ground they want to have annexed into the city. The impact area map shows this property within the proposed area of annexation, proposed services, and we have gone through that process as recently as March of last year. The issue about disorderly growth I don't know of a single city anywhere in this valley or any city I have ever been acquainted with where it grew out like a sunflower does, evenly around all the edges. Annexations virtually always occur in sort of a lopsided way. That's how cities just simply tend to grow. The issue for the Council is all of the indicators are the city intends to grow this way. The property is contiguous by a usable strip of ground. There would not be any other access points out. Annexing the golf course doesn't bring -- as the president pointed out, it doesn't have any change in the provision of services to this property. Even if you annex the golf course, the point of it all is you still have to come in onto Spurwing or on the emergency access that's currently available. And I would also point out that the police department has looked at this, the fire department has looked at it, they provided their comments, we believe that the property is legally annexable and that you would not be challenged in district court on this annexation, because you do meet the test in the statute and that it is reasonable and necessary for the city's growth. You're not going to have anybody in the golf course even approach you for an annexation even if they want to until the property is contiguous to the city. So, you may have one or more of the property owners that eventually would want to have annexation into the city. With that, Mr. President and Members of the Council, thank you for your patience on this annexation. It's going back over other ground. So, I would be happy to stand for any questions. Borton: Thank you. Counsel, any questions? Thank you very much. Wildwood: Thank you, sir. Borton: Any other comments from staff? I have got actually one question for Mrs. Butler again. And I pick on you, because you're representing a group. I'll ask the question with regard to the annexation in sort of the short crude form of why do you care? And the reason I ask it that way is if by way of example this was designed to be, you know, five parcels the entire annexation, with regard specifically to the annexation, what about that that you and your homeowners care about? I mean I see the concern Meridian City Council February 6, 2007 Page 49 of 76 about how it's developed and density and access, but the annexation in and of itself, why is there a concern with that? Butler: I don't want to stick my foot in everybody's mouth that's behind me, but I think I can answer that a little bit. I think we care for a couple of reasons. One is a philosophical legal issue and that is that -- and this is me and -- but as it relates to my clients. Disorderly annexation doesn't help anyone and in terms of the delivery of services and in terms of the perception that people have of a city and in this particular case people may be remembering correctly or not correctly, 30 or 35 or 45 homes. 14nowing the planner that worked with Mr. Hewitt back when Spurwing was developed, Chris Corty, I suspect Chris very correctly assessed how well or to what degree this property could be developed strictly under subdivision code and would have probably conveyed something like that amount of lots and that became the pattern. Frankly, we think that the city is being used. This is to -- to kind of gerrymander to come in here and at the same time, which we will get at, if we reach the plat, and, then, ask you to vary, which is a very hard thing to do under our state code, but to vary your regulations to insure that somebody has a much longer street throughout this entire lot, so that they can have more design flexibility, let's put it like that, which is everybody would like that. But we think that the city is prematurely being misused by being asked to annex this genymandered parcel and, then, on top of that, being asked to Willy-Hilly just give up your legislatively enacted regulation on the plot. So -- and, personally, I am very concerned and in working with the cities and with others on annexation legislation, because it is an issue for the city and it will continue to be an issue to the cities and I think it incumbent upon the cities to try their best to be as rational, as orderly, as reasonable as possible with their annexation, so they don't -- so that they can claim that a rational and reasonable and orderly, so that when people look at -- try to truncate your rights to annex, it's --they don't have much of a leg to stand on. Borton: Thank you. Would the applicant -- yes, a finger raised there. Index finger. Mrs. Wildwood. Wildwood: Thank you. Mr. President, Members of the Council. Get the old last word. I appreciate your question, Mr. President, why do they care. In fact, nobody has really talked about the annexation, other than Mrs. Butler. They all want to talk about how it's laid out. The issue on annexation, disorderly growth, I don't believe this is a city that has grown disorderly. I've had cases where I have requested annexation and you felt that it was incorrect, inappropriate to move, you were not ready to expand your impact area. You have expanded your impact area. This is not disorderly growth. Provision of services will -- will be identical and if the city -- sort of if the city had no intention of coming north of Chinden, north of 20-26, you went through an awful lot of work in your impact area adjustment in your Comprehensive Plan, you designated density in this area, that was a matter of a lot of public hearings when this property was designated to go into the impact area and to have that particular zoning. You're not going to get every piece of land in a square. You will find pieces of property that come in, potentially West Wing, that other portion that is to the west of Double Eagle, will come in. It may or may not touch on a very small area. An issue on annexation is reasonable growth of the city. Meridian City Council February 6, 2007 Page 50 of 76 You had stated your intent to grow in this direction, to, in fact, take in this golf course property. It is actually a logical move for the city to move over and to begin its development plans across 20-26 and to have the city grow application by application. This is a very intelligent board and you have looked at many many different issues. I would, again, thank you. I would say that this city is rational and reasonable, has looked at all the issues and we would request your affirmative nod on the annexation question. Thank you, Mr. President. Borton: Thank you. Canning: Mr. President, I need to follow up on one thing -- Borton: Yes. Canning: -- the applicant's representative said. She just said that they don't care about the annexation. I believe that everyone's testimony that was on your list was that their concerns had been represented by Mrs. Butler, not that they didn't care about the annexation. So, I just wanted to make that -- Borton: Thank you for that clarification. Council, anymore information needed on Item 21? Rountree: I don't have any. Bird: I don't have any. Rountree: Okay. Hearing no comments, Mr. President, I move that we close -- well, I'm going to check before I do this. Would Anna and Bill -- we just have the one hearing, Item 21 open; correct? Bird: That's right. Rountree: Mr. President, move that we close the Public Hearing on AZ 06-043, annexation and zoning Spurwing Patio Homes Subdivision. Bird: Second. Borton: It's been moved and seconded to close the Public Hearing on Item 21, AZ 06- 043. Any discussion? Hearing none, all those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Procedural question, Mr. Nary. This is a hearing on the reconsideration; correct? Nary: No. Meridian City Council February 6, 2007 Page 51 of 76 Bird: No. Rountree: No. This is a hearing on the annexation. Nary: Yes. Rountree: Okay. So, we have already made one decision on the annexation. Nary: Correct. Rountree: And I'm trying to remember how the votes fell, if there was a motion to deny the annexation. Was it unanimous? Nary: Mr. President, Members of the Council, Councilmember Rountree, at the prior hearing, which has since been reconsidered, so that decision is now void. Rountree: It's void. Okay. Nary: And that's why that's in front of you. The prior motion, if just for edification purposes, I believe was to approve the annexation request. You also have as part of your record the Planning and Zoning Commission's recommendation, which was to deny. Rountree: Deny. Nary: If -- Mr. President? Borton: Mr. Nary. Nary: If it would be of any help, at least for the purposes of the public record -- and I'm not in the habit of giving legal support or argument to either side, the decision is this Council's discretion to -- I guess both of the attomeys that have spoken before you tonight are both correct and that's the nature of the law business sometimes is they are both right in a lot of ways. Courts have used the analysis that Mrs. Wildwood raised of whether it's a developable, usable piece of property in trying to determine what a shoestring is. The legislature, unfortunately, in their wisdom hasn't told us what they think it is. I recently attended a seminar and a deputy attorney general said a shoestring is something that you know it when you see it. If it looks like a noodle, then, it's a shoestring and if it doesn't, it isn't. So, we haven't had a tremendous amount of guidance and both of the attomeys have raised points that are very valid from both of their perspectives. But ultimately the decision is yours. If there was a legally impermissible reason for you to be able to annex this property, I would be the person throwing myself on that grenade for you, but there isn't. It is not crystal clear either way. They both have valid concerns they have raised, but, ultimately, the decision in the state code says that the purpose of annexation is to allow efficient and economically viable Meridian City Council February 6, 2007 Page 52 of 76 provisions of tax supported and fee supported municipal services. As the elected officials of this city that's your responsibility to decide if that's what this would allow. To enable the orderly development of private lands, which benefit from the cost effective availability of municipal services in urbanizing areas. Again, that's within your discretion to determine if that's what this particular request would do. And, finally, it says to equitably allocate the cost of public services and management and development on the urban fringe. Again, that's within all of your discretion as to whether or not this makes sense at this time, whether it's in the best interest of the city, which is the more common phrase we use in annexation, whether the orderly development of our city can be accomplished by this project and whether it makes sense today to do this. Whether other issues are of concern to you, all I would ask you from the record standpoint is that whatever your decision is that you simply let these folks know, as well as the district court where we may be next, know what your reasoning is. The courts have in the past given great deference to the decision making bodies of cities in making these decisions on annexation. They have over the last couple of years been less inclined to do that and decided sometimes to legislate that themself. Merely an observation, not an editorial comment on the court system, but they seem to sometimes maybe want to at least see what you're thinking in making those decisions and, then, making a decision whether that agrees with their sense of what the law says. I wish I could give you better advice or assistance as to what the ultimate question of is this a shoestring or not. We certainly spent a lot of time talking about it, but I don't think we have anything crystal clear either way, but certainly the issues of the orderly growth of the city and the future benefit to the city are probably as significantly important to this question than just the issue of is that a shoestring piece of ground or not. I don't know that that's any guidance. I was hoping to vamp to give you a little more time to think of what you wanted to do. Rountree: Thank you, Mr. Nary. Borton: Mr. Nary, I have got a question that may well have been brought up or should have been brought up a couple hours ago. But it's with regards to the final plat and variance, which aren't open for Public Hearing now. And I'm curious of your thoughts as to -- and, again, we are not too late in proceeding on any of this stuff -- if those two items should be opened to consider this insofar as -- and we have seen in other instances where an applicant has a particular, you know, plat or variance request and to the extent that if those wouldn't be approved, then, the annexation request wouldn't be requested and -- you get my chicken or the egg concern? Nary: I think I do, Mr. President, Members of the Council, Councilmember Borton. Certainly it's not uncommon in applications for annexation that the whole application is in front of you at once. And the original hearing in this, that's the way you heard it was all at once and it's -- part of the reason -- although it's not required that applicants advise cities what their intentions are to do with the property at the time they choose to request to annex, this city, as well as many cities, are not very inclined to annex without it. They want a sense of what are they going to do with it before they choose to annex and it tends to work both ways, it benefits the city and the Council in making a decision • Meridian City Council February 6, 2007 Page 53 of 76 of is this the appropriate time to be annexing this property in light of what they intend to do with it if we choose to do that. Secondarily, it gives information to both the applicant, as well as the public, as to what the sense of development is going to be and that if in the applicant's eyes that without the approval of the remainder of the request they are not interested in annexation, then, that allows them the opportunity to have that discussion with you as well. Just as an aside, there was an article in this morning's paper, another city made the decision to annex and not grant the approval of the application and that was the first response by the applicant that they were probably going to withdraw their request to annex for that very reason. So, it's not unheard of, it's certainly, actually, more common to do it that way. It's within this prerogative of this -- of this Council to hear the rest of it if you want to. I don't think there is anything that prohibits this. We try to be true to the request and keep the annexation separate. Part of -- as we discussed earlier, part of the reason they -- we ended up in this fashion is because originally there weren't findings that were -- that were able to be had. You had requested they be brought back and that's why they got separated. But you can certainly do that, if this Council is not comfortable making this decision on just the annexation and wants to hear the rest, I don't think you're prohibited from doing that. Canning: President Borton? Burton: Mrs. Canning. Canning: Perhaps we could have someone check on the minutes. I believe the two other applications, that they were only left open for public testimony with regard to the conditions of approval that would be brought back forward to you tonight. So, I don't believe that they are open for general comments. You have had public testimony in a public hearing on those two items. Borton: Mr. Nary, does that mean that for considering this we can consider the elements of the plat variance as well? Nary: President Burton, Members of the Council, no. What I think what Mrs. Canning is saying -- and I guess to make sure we are on the same page, what she's saying is what you had left open for -- back in January when they were continued was to bring back Findings based on the recommendation of the Council regarding annexation and the testimony that you heard. We didn't continue them tonight for further testimony. So, these folks that came tonight didn't necessarily come prepared to provide you information about that. So, if you wanted to open the hearing to hear everything together, you would have to continue it to another day to do that. But you can't consider the fact of the hearings that were previously held until you have made a decision on this annexation, because, again, you haven't -- you haven't made an ultimate decision on the annexation now. So, that's sort of -- by the nature of how we have done this, we have sort of put those in limbo at the moment. Mrs. Canning doesn't mind disagreeing with me, so if I said that wrong -- I think that's how we are having to hear it at the moment. • Meridian City Council February 6, 2007 Page 54 of 76 • Canning: President Borton, yes, except that -- I mean I don't know if you need to continue it to a date certain. Certainly you could. But at a minimum you need to reopen the -- fully reopen the hearings, rather than just -- well, you haven't opened them yet, so -- but the intent was to just come back and as Mr. Nary said, I'm not sure people are prepared to talk about the plat again, although it's still the same plat that you had at the last hearing. It has not changed. They have only changed it to reflect your comments and your requests. Nary: Mr. President, again, I'm not trying to just get the last word, but part of the issue is is that the -- part of the issue is on those -- on those items is that the Findings that were in front of you were based on the testimony regarding this annexation at the last hearing, not this hearing. So, there may be issues raised by this hearing tonight that may affect those Findings. So, I agree with Mrs. Canning we would need to open the hearing. To be fair to everyone involved, if you're going to do that, then, you should continue them all, because there may be something related to tonight that someone would want to address in relation to the plat and the variance. Bird: Mr. President? Borton: Mr. Bird. Bird: I think I understand it finally. This is -- you know, I have sat here for eight years, nine years. I think this is the worst one Ihave -- or the most confusing one that I have ever had, because I got a lot of respect for everybody in this room, both for and against and everybody that -- in here I think you could go to the bank on their word and we are getting so many different stories that it gets real confusing. I'll let you two talk, too, but I'm for getting it solved tonight, quit dragging it on one way or the other. It's not fair to the applicant, nor is it fair to the homeowners in that area. There is some things in that area that I can't believe, knowing a tot of the homeowners in there, ever let get going -- or let get gone. So, I will let the other two talk, but I'm not for dragging it on. Let's -- I'm ready to take a vote and take my beating one way or the other. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I, too, agree with -- at least a portion of your comments, Councilman Bird. I do have a great amount of regard for the applicant and the citizens that have come out to let us know what they believe their issues are and what they believe the legal implications are. We will be the first level judges on this one way or another. It seems to me that I'm not sure that -- which ever way we go that it will be a final decision. From the city's perspective, at least in the efforts that we have undertaken in the past three years, we have gone through a rather lengthy, laborious process to include the area north of Chinden in our impact area and we have gone through considerable time and expense and public process in that, as well as the Comprehensive Plan amendment process, to and including identifying what we anticipate the highest and potentially best • Meridian City Council February 6, 2007 Page 55 of 76 use of parcels of property in that Comprehensive Plan and impact area. We have done that and we have included this particular parcel that's being heard today or was heard tonight in this annexation request. I did not find an argument -- and I'm not going to put on a lawyer hat, because I don't have one and I'm not going to put on a judge's hat, because I don't get paid enough, but from the arguments I have heard this evening I don't believe that this annex -- this requested annexation, if we were to approve it, goes against what state statute provides for and what the city has done over the past three years for this particular piece of real estate north of Chinden, from points west of -- or just at Linder to Black Cat. I, too, agree with Councilman Bird, I would like to see this resolved this evening and at this point I'm inclined to be favorable to the annexation request, as I was previously. Borton: The reason I asked the question to Mr. Nary with regards to the annexation request and the other parcels -- and I might disagree with Councilman Rountree and Bird, is my gut reaction is to delay it and I will tell you why. I think perhaps local politics is supposed to be messy and sometimes slow to get to the right result and it's not easy for anyone in this room to have to go through it. Like the other Councilmen, I appreciate the time and consideration on both sides. From my perspective, I agree with Councilman Rountree and perhaps Bird. With regard to the annexation and the arguments posed and -- I don't have a problem finding -- approving this annexation to be consistent with the City of Meridian's orderly growth and development. I think the unique circumstances of this application support including it. The concern that I have got -- and maybe the question might go back to Mr. Nary, is a lot of the comments from the public weight heavily on me and the way this particular parcel might be developed, the plat and variance issues could be of great concern to me and the reason I bring up the question about perhaps delaying it, perhaps having an open Public Hearing on all three of those things, isn't necessarily to say it's a clean slate and, you know, I haven't made up my mind and want to hear all of the same testimony again and take up your time, but perhaps to hear the comments from the application and those types of issues -- if I could echo the concerns I have with the plat, the variance, which I think is consistent with lots of the concerns of the general public, that might have an impact on the applicant's desire to pursue the annexation request. The converse would be if -- at least speaking only for myself, if this annexation went forward, we went and reviewed the preliminary plat and the variance and through that discussion it was determined that any modifications or requests this Council made the entire annexation not a desirable process, that we have precluded them from, you know, not completing that annexation -- I mean are the Findings at a future, which, then, could be withdrawn? I'm just trying not to create a situation where we can't unring the bell, approve an annexation, have a development that nobody agrees with and at least for me I'd rather wait, slow down, and make sure that the entire project is something that fits with the City of Meridian. So, is that an option? Nary: Mr. President, Members of the Council. Councilmember Borton, you know, the -- I mean you raise the problem that can be problematic and we don't run into it very often and at least in my experience a number of -- a lot of cities don't run into this, but there are requirements -- time requirements if they request to annex and an annexation is Meridian City Council February 6, 2007 Page 56 of 76 • approved, that that process -- that that action has to be completed and that's part of the reason why -- at least locally. Again, I don't know about other areas of the state, but locally why either an annexation request comes in front of you and although the developer may know exactly what they want to do, they may tell you we are not totally sure yet. We just want to annex. We are comfortable with the zoning that you're willing to do with it and we can design within those guidelines and deal with it when we decide exactly what we would like it to be. Or the common one that we see mostly here is they bring the whole enchilada together and say here is our annexation, here is our plat, here is whatever -- whatever variances or whatever is necessary to do that, we are going to bring it all to you together for that very reason. If you don't want what we are ultimately going to do, then, just don't annex this at all and we are fine with that. So, you raised a concern that's very legitimate that if you were to move forward on the annexation and agree to that and, then, have another future hearing over those Findings and those particular concems that are raised that have not truly been vented tonight, you may have a problem in that you may wish -- or this Council may wish to change it to the point that the applicant no longer wants to be annexed or isn't comfortable with the zoning that's attached to the annexation that is being requested, that now maybe needs to be different. So, yeah, that is certainly a problematic issue and I don't have a solution for that, other than your original thought of continuing this matter to hear those other issues and, then, making an ultimate decision on all of it. Again, I don't know if Mrs. Canning has a different perspective, she's certainly worked in lots more jurisdictions, but I think you have raised exactly what the horns of the dilemma are. Bird: Mr. President? Borton: Mr. Bird. Bird: I -- you know, regardless of how I vote on the annexation, there is no guarantee that I'm going to go for the variance and the preliminary plat as it stands. But I think right now before we make the applicant go through anymore, we decide one way or the other are we going to bring it in or are we not going to bring it in. Then, I truly believe that, then, we open up the preliminary plat and I'm like Mrs. Canning, I don't think we need to do that tonight, I'd like to see them continue and like to get things taken care of. But I think we are being -- not doing justice to our applicant, nor to the neighborhood out there by delaying this annexation any longer. Borton: Mr. Bird, in response to that I guess I can give some guidance. I'm in support of the annexation and I can tell you right now I am for the reasons delineated. I'm mindful of the concems on both sides. I don't necessarily have to vote on it right now. I can tell you I have heard everything and all considerations necessary to feel comfortable that this particular parcel will continue the orderly development of the City of Meridian. Having said that, I'd feel most comfortable continuing the annexation official decision until it's joined with the Public Hearing on the preliminary plat, the variance, hear all three together and to the extent that we as a Council or I individually might muddy the waters and muck it up so much that the applicant would say, the heck with it, as Mr. Nary indicated, perhaps a desire to be annexed no longer exists. I'd • Meridian City Council February 6, 2007 Page 57 of 76 rather do that and as much of a delay causes a hardship to the public who testifies, to the applicant, and everyone involved, I think it equally creates hardship to the applicant and everyone involved if we go forward with an annexation only to come out -- come to find that we don't like the particular plan and now we are left with a parcel that, as the City of Meridian, we don't feel comfortable with. So, when I talk delaying it, at least from my prospective, you know, as soon as -- as soon as it can be legally noticed to allow us to come back in this forum and discuss those issues all at once. If that's next week, that's -- or as soon as possible. Bird: Mr. President, let me ask a question. If we continue this, they don't have to be re- noticed, any of them, do they? We just continue the existing public hearings. They have already been noticed. We are just continuing the Public Hearing to -- Berg: Mr. President, I think the issue is when you continued two of the items, you continued them only for a certain reason. If you wanted to have some other -- Bird: If you want to open it up again. Berg: -- other information, Ithink --and you would have to ask the attorney, but we may have to re-notice, because the only reason you continued them was to get a certain amount or small input. Canning: Mr. Berg, do you know the date of the original hearing? Mr. President, can I ask Mr. Berg -- Borton: Sure. Rountree: January 9th. Bird: Yeah. The 9th. Rountree: January 9th. Nary: No. That was the one it was continued to. It was before that. Mr. President, if you'll give me a moment -- I just -- Mr. Clerk asked a question about the purpose of the continuance. I have the December 12th minutes up. Borton: We appreciate your patience as we try and muddle through some of the procedural steps. Nary: I got them here. Mr. President, Members of the Council, the ultimate motion, according to the minutes that I have in front of me from December 12th, which is when the original Public Hearing was held on the preliminary plat and the variance request, was to continue the -- Items 11 and 12, which were those two items for additional input from the review agencies for the preliminary plat and the variance, because no f=indings had been prepared and gotten comment from those agencies about that. You had • Meridian City Council February 6, 2007 Page 58 of 76 • received public comment at the time, but because the original request -- or the original recommendation was denial there wasn't any information from any of the agencies regarding an approval. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I don't know where we are going with this, but it seems to me -- it's clear to me that -- and thank you, Mr. Nary, for reminding me where we were. That we had a preliminary plat that wasn't particularly finalized, it had been recommended to be denied by P&Z, had not gone through review process from ACHD, ITD, and some of the other entities that typically review a plat. The plat was -- preliminary plat was finalized in terms of a drawing. I believe it's been submitted for review. We have had an opportunity to have those comments. Tonight we -- we have yet that same preliminary plat scheduled as a continued hearing for that information and for consideration of that information at some point in time. The question is do we or don't we annex, do we or don't we open a hearing on the preliminary plat, and do we or don't we open up a hearing on the variance. I believe those were continued, because of procedure and requiring additional input from agencies. I guess my recommendation is that we move forward with a motion one way or another and if there is no further discussion, I'm willing to take a first stab on Item 21. Canning: President Borton? Borton: Mrs. Canning. Canning: One very quick comment. I did want to remind you that staff is proposing a development agreement, so that's also an opportunity to perhaps address some of your concerns. I just wanted to remind you of that. Rountree: Apparently there is no comments from Council. Mr. President, I move that we approve the annexation request for Item 21, subject to comments from staff on the annexation request and the testimony received this evening. And the development agreement would be included. Bird: Second. Borton: It's been moved and seconded to approve Item 21, AZ 06-043, to include staff comments in a development agreement. Canning: Mr. President? Borton: Mrs. Canning. i i Meridian City Council February 6, 2007 Page 59 of 76 Canning: If the maker of the motion -- I haven't heard any commitments tonight to include in the development agreement, so if there are particular portions of the testimony that you want included, I -- in that development agreement, I didn't hear anything. So, I just want to make sure that I'm not -- I haven't missed something. Rountree: Mr. President, by way of discussion, I think there was some information provided by the applicant as it related to ownership or leasing of the connection to Chinden, the idea that it was a -- as a portion of a larger lot could be developed, that it would provide emergency access, would be double gated, those sort of things provided in testimony this evening. The masonry fence. Borton: Second agree? Bird: Yes. Rountree: Does that help? Canning: Mr. President, I'm sorry, but wasn't -- wasn't the masonry fence discussion on a different item? I'm song. Rountree: Yeah. They -- Canning: No, they have --okay. And I missed that. I'm sorry. Okay. Rountree: Mrs. McKay mentioned it in her testimony. Canning: Okay. I'm sorry, sirs. Rountree: It's getting late. Borton: Any other questions, Mrs. Canning, on the motion? Canning: Better stop. No more questions. Borton: Okay. It's been moved and seconded to approve AZ 06-043. With no further discussion, Mr. Berg, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Mr. Nary. Proceeded on Item 19 and 20, continued public hearings -- open public hearings -- Nary: Mr. President, Members of the Council, certainly those items were continued. You can certainly open them now and if there is an issue raised about time and Meridian City Council February 6, 2007 Page 60 of 76 adequacy -- I mean in reviewing your minutes further, I mean in the December 12th hearing most of the testimony was around annexation. Very little was on the plat itself, other than the number of units. So, there hadn't been a tremendous amount of testimony. It was continued for the purpose of agency comment, but I don't know if the public testimony may have some relation to whatever the agency comments are. I don't know if we have agency comments completed. The only thing I do know is the courts have said you can't over-process people. So, if you give them more process than they would prefer, the courts have still said that's okay. But I don't know if we have agency comments that were discussed back in December and whether or not we have public testimony in relation to those. Borton: Mrs. Canning. Canning: Mr. President, Members of the Council, we do have agency comments and conditions of approval for you tonight, but the process that this has taken thus far was staff recommendation for approval, so we include all the agency comments in that initial staff report and, then, recommendation for denial by the Planning and Zoning Commission, so we pull all those out. A request for conditions of approval from the Council, so we went back to the original staff report, got those conditions of approval, and brought them forward. So, we do have the agency comments for you. It was taken to a comments meeting. They have gone through a full round of staff reports and this would be the second time all the conditions of approval have shown up on the staff report. So, they have been around. And I can give a summary of the last public hearings and where you stood on those two items or at least the discussion thus far on the public -- from the Public Hearing on the remaining two items, if that's Council's desire. Borton: We will go ahead and open the Public Hearing on 19 and 20, PP 06-045 and VAR 06-020 and begin these continued public hearings with staff comment and if you will, please, go through the updated items you just made reference to. Canning: Okay. President Borton, Members of the Council, you do have a revised staff report before you that does have all the conditions of approval recommended by staff at this point for your consideration. To refresh your memory on the December 12th hearing, the Council requested that the lots along the north boundary have a minimum lot size 10,000 square feet and they also requested that staff prepare the conditions of approval. So, we have done that and pending your decision tonight we will prepare Findings under the usual process. You don't have Findings before you tonight, but we will prepare those pending your action tonight. So, the applicant has submitted a revised plat consistent with your request at the last Public Hearing. That plat you see on the board before you reflects your desire to have the 10,000 square foot lots along the north boundary and the split in the R-4 and the R-8 zoning, as discussed on December 12th. And that is the plat that is included in the staff report before you tonight. With regard to the variance and the preliminary plat, Council had not given much direction on anything they wanted to see specifically included from the developer's commitments, so as it stands those items that were discussed with the Meridian City Council February 6, 2007 Page 61 of 76 • annexation approval may need to be included in the preliminary plat approval as well or it would be wise to include them there as well, I suppose. With regard to the variance, the variance -- just to refresh you -- your memory, was for block length and because of the configuration of the parcel and because the emergency access is not being proposed as a public street, this becomes a cul-de-sac street that exceeds the -- our standard length. You will notice all of the Spurwing Subdivision has rather long cul-de- sac roads. So, currently for all the homes in Spurwing there is just the one access. Staff was in an unusual position -- sorry. I'm re-testifying. That's the update on the variance, but there was testimony in the annexation hearing tonight about planning for the area that I did want to provide additional information, if I'm allowed to do that at this point. I don't know. But there was talk about how this is in the Comprehensive Plan and we are planning for this area. The 20-26 corridor study is going on and they have shown a connection where this -- this proposed emergency access is. Now, it's not a fnalized document and when this project started off it wasn't drawn on a map, but it is now. The police department, through the original round of staff reports, wanted another connection in here -- wanted a street connection, but there is no way staff can ask for a street connection, because as soon as we ask for that leg to be a street, then, they are no longer annexable. It's a -- kind of a full circle thing about all the stuff we talked about. If it becomes just right of way, then, it isn't contiguous for annexation. So, we couldn't ever ask for that to be a street for that very reason. And so it goes in circles. But with regard to planning in this area, if you're talking about good planning, there should be a second access here, but we haven't been able to ask for it at this time. So, it was brought up at the hearing about good planning, so I felt it was appropriate to put my two cents in about good planning, at least not having the opportunity before. And with that I will end my summary, if you can call it that, of the last hearing. I can read all the names of the testimony. In favor was Becky McKay, Joc Hewitt, Ed Davis, Larry Harp, Tina Rice, Bailey Nix, Debbie Kelly, Monte McClure, Paul Segmeir, Brent Kelly, Joe Olsen, Jim Johnson, Morton Hardwood and Charlene Hewitt. In opposition was Ron Ashley, Chuck Compton, Stephanie Stevenson, Andrea Nist, Amy Jorgensen, Alexa Gillahan, Nate Jorgensen, Ed Duke, Gerald Bailey, Ana Mae Bailey, Claire Treerice, Bob Treerice, Rick Moritson. Neutral was Gary Eggery. No comment was Richard and Marie Crisp. Commenting was Brian Brown. We received written testimony from Rick Moritson, Chuck and Joy Compton, Patrick House, Carol Scott, Nichole Black, Gina Ingle, Donna Larsen, Andrea Nist, Holly Katowski, and Kathleen Rudeen. And I believe all of that was in opposition. There was some written testimony not included in the staff report that included Robert and Claire Treerice submitted an objection letter dated December 15th. Key issues of discussion by Council that night were the annexation path, the split zoning for protection of density, transition to existing residences and the question as to whether to remand back to the Commission for review of the revised plat and the split zoning. With that I will end my review and answer any questions you may have. Borton: Thank you, Anna. Council, any questions? Bird: I have none. Meridian City Council February 6, 2007 Page 62 of 76 Borton: Would the applicant like to come forward. McKay: Thank you, Mr. President, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I guess just, you know, to kind of give everybody an idea of how this project has evolved, I know there is some neighbors that I notice weren't at the last meeting, so I'd just kind of like to go through that. If the Council recalls correctly, this was the preliminary plat that the Planning and Zoning Commission reviewed initially. We had one public -- the first Public Hearing at the Planning and Zoning Commission the staff -- we had a staff report recommending denial. The staff report stated that their issue was that these were attached units and the size of the lots were not 10,000 square feet and that in past actions by the Council, recommendations by the staff, it was preferred that the 10,000 be utilized as a proper transition from larger estate lots. The Planning and Zoning Commission heard the public testimony and wanted to recommend approval to the Council. The staff indicated they had not prepared any conditions of approval and that the item would have to be deferred. So, it was deferred. The public record was left completely open. When we came back to the Planning and Zoning Commission, then, we had substantial number of neighbors that did not attend the first hearing and spoke in opposition. The Planning and Zoning Commission reversed their position and, therefore, recommended denial to the Council. Between the time of the Planning and Zoning Commission hearing -- second hearing took place and about two and a half, three weeks prior to the Council meeting, we worked our plat over trying to address some of the concerns that staff had, some of the comments that we received from the Planning and Zoning Commission. They liked the project, the Planning and Zoning Commission, they were just trying to fgure out how to reconcile the estate lots and the attached type units. Based on that type of -- that input, we came -- we submitted this drawing in advance of the City Council hearing. It was submitted I think approximately two and a half, three weeks, so that staff would have an opportunity to take a look at it and when we had our first Public Hearing this was the drawing that we showed the Council. We had increased all of these lot sizes up to 10,000 square feet and these all became detached. We kept this remaining linear open space here as a separation. We still propose the masonry wall as another additional buffering to the estate lots. And we had a small pocket of attached units here. I believe there were eight. We rotated the attached units around the bend here. I think our overall number of lots dropped by two. We had our public hearings. The Council came back and they stated that a In fact, I got my notes here. They indicated that they liked the project. It is consistent with other types of developments that they have seen around golf courses. I think Cheny Lane Golf Course was one that was used as an example where you guys have attached, detached units. So, it was determined that this is a compatible type subdivision and you requested specific changes from me. Those changes -- I'll have to go by memory. I can't find my sheet. Remove these attached units here. Make all lots along the north boundary 10,000 square feet. Delineate an emergency vehicle access gate at the 20- 26 access point and a second one at this interior local street access. And I think those were the primary modifications that we made. We resubmitted that revised drawing back -- it was coming back to the Council with accompanying conditions of approval from your staff and any comments. What a this application now looks like this. These Meridian Ciry Council February 6, 2007 Page 63 of 76 are just two examples of what the dwelling would look like. All of the units are single family, single level. Even the attached. We have provided some examples of those dwellings. If Anna could put those up. We also have boards. I know she likes to put them up on the screen. Canning: The ones on the picture? McKay: Yes. Mr. Hewitt went to a designer and wanted to, obviously, come up with a style for this development. He will be building all of these and have architectural control. He wanted consistency and other coloring schemes, stucco, the type roofs. This was his example of the attached unit. As you can see from the street profile it looks very much just like a single family dwelling, except you would have two garages coming in that type of fashion. It is single level. So, from a bulk perspective it's not much different than a single family home. This was his first version. He also indicated that, you know, he wanted to add some additional fluff and jazz to that. That was just the first rendition. Secondly, this is the style of the single family detached dwellings. They also would be single level and this will be what we consider a luxury type development. These units are going to be probably anywhere from the 350 up to I think 600, 700. Mr. Hewitt may -- he can address that. I'll wait for him. So, we are not talking about a hodge-podge type development here. We are talking about something that is, obviously, going to look consistent in style and materials and colors and be controlled. These lots aren't going to be sold to every Tom, Dick, and Hany builder to come in and build their own rendition of what they think should be in there. We have substantial open space in the -- this is kind of a pocket here. There is a water feature with cascading water over rocks. We agreed for the police department's visibility concems that this would just be like a wrought iron fence or no fence at all, so that it's almost an extension of these rear yards and it's an amenity, basically, you know, for this particular block of lots here. We have got this linear open space here with -- they wanted us to improve the visibility through this comdor. We moved our lots to the south and opened up a view corridor here and did so here. That was -- that was one of the other concems that the police department had. There is a substantial amount of existing trees along our north boundary. These are the ones you see that are kind of shaded. Those are taken off of aerial photos, so we do have -- and we also had the homes added from the aerial photo you can kind of see the separation that we have here. There was substantial amount of separation in a lot of these homes. I looked at the aerial photo over here and looking at the West Wing Estates. This distance of this fairway here at the narrowest point is 200 feet. Up here it's about 350. And, then, those homes are in excess of 130 feet, approximately, and up off of their east boundary. So, you will have, you know, 330 feet at the closest point as far as the distance or separation between this property line here where the units would begin and, then, over to those buildings -- existing homes. Sorry. I think I have already discussed the fact that we are down to 65 dwellings, 30 attached, 30 detached. It has always been the staff and the Council's position that they like to see us come in with different types of products, not just one single type of home. The Comprehensive Plan speaks very strongly toward promoting diversity in lot sizes, diversity in home sizes, and providing all kinds of lots for differing lifestyles. Mr. Hewitt intends that a lot of these people will be • Meridian City Council February 6, 2007 Page 64 of 76 • retired, especially the ones in the attached units, looking for a lower maintenance type of lot, spending only a portion of the year in that home, taking advantage of the golf course and the large clubhouse that currently exists. You know, when we look at the open space there is an immense amount of open space that's out there. In that golf course itself I think there is 200 acres or in excess of that out there. I mean it's a beautiful thing and I think that what we have done here is something that's always kind of been an idea, was put on paper in a draft form and, then, we massaged it and tired to mitigate the impact to the existing residents and to address any concerns that the agencies have had. Ada County Highway District -- I think we submitted at the last meeting. The traffic that we are going to generate is within that threshold. You have got Spurwing Way, which is built as a collector-type roadway and, then, Balata Court is a local. There is capacity on there. We, from a planning perspective, like to keep our trips below 1,000 vehicle trips per day on the local street. When we look at Balata Court there is approximately 170 vehicle trips per day on it now. So, the existing available capacity is 830. We will be adding 622 and that was -- that number was based off of the -- I think the eight lots that were removed. So, those number of trips is going to come down. So, obviously, there is capacity on that and as you well know with the collectors they can handle anywhere from six to eight thousand vehicle trips a day. What's out there now, there is an excess capacity on Spurwing Way of approximately 4,033 vehicle trips. So, it's underused for the size of that roadway. I think as far as the variance is concerned, it's quite obvious when you have a golf course wrapping around you on three sides, you can't break it up with a stub street. We see this time and time again when we adjoin a canal, such as the Ridenbaugh. I have asked for block length variances where it was just not practical or feasible to extend a roadway. As you know, 20-26 has access restrictions. The emergency vehicle access was the best that we could do. We only go just to the center lane of Ten Mile, so I could not align a street. It is not possible based on the property boundary. So, the secondary access was the best that I could do. In talking with the fire department and the police department, they did welcome the secondary access, because it does provide a safety factor for the existing residents as a second means of access in the event that Spurwing Way is blocked for whatever reason. So, this will be bringing in some added access from an emergency perspective and, then, central sewer and water. Do you have any questions? Borton: Thank you. Council? Rountree: I have none. Bird: I have none. Borton: Thank you. Mr. Nary, if this was a continuation of these two matters, for the purposes of Findings -- creating Findings for approval, is it the -- as you mentioned before, an open Public Hearing for testimony from the public, what parameters, if any, are there on our receipt of additional testimony on these matters we have already heard? • Meridian City Council February 6, 2007 Page 65 of 76 Nary: Mr. President, Members of the Council, I mean they were just continued for those particular comments. That was what the record reflects as to what this Council's direction was. I don't know if you have received any comments from the public in regards to any of the -both the agency comments, the staff comments, or any of that. So, I mean I guess I would always hesitate to want to error on the side of allowing testimony, rather than limiting more testimony. I recognize it's late, but Idon't -- I don't think you certainly would be at fault for allowing testimony, at least limited, again, to the plat and the variance that's being requested and why, because I don't believe this Council has got any testimony in the record from the public on those issues. Borton: Okay. We will proceed forward in that fashion. The list that I have got signed up, we are going to run through again. To the extent you want to offer testimony or if you're speaking on behalf of a group, please, make that known and come forward. And, Mrs. Butler, we'll have you start it off speaking on behalf of several of these individuals. Butler: Thank you. And -- JoAnn Butler, 251 East Front Street, representing residents in and around -- in the vicinity and adjacent to the property that's under consideration. And I just might mention under the minutes it's correct that the public hearings were continued to -- as the motion said, to receive additional input from reviewing agencies, but as the discussion on the few pages before that goes on, as Mrs. Canning mentions to the Mayor and Council, at that time there were no conditions for approval, you didn't have the ACHD staff conditions, the standard conditions, nor the Findings and Conclusions. So, not only were the agencies needing to comment on the information, but the public also I think was in need to comment and now we have that -- those items to comment on. People in the audience will have their own -- some particular separate things from what I'm going to talk about, but I am going to focus on the variance. I said earlier that people have spoken about the fact that they remember hearing 20, 30, 35, 40 homes were to be built in this area and I said that under planning principles somebody at that time would have looked at this property, known what the constraints under your subdivision and other ordinances were, yours and just in general, and would have known that without any variances, without any dispensation from this Council in moving away from the standards, that's probably the number that would have been built in this area. We are going to suggest to the Council tonight very strongly that the Council must deny the variance requested, because any other course of action would be beyond the authority of the Council. The Council, as you know, derives its authority to grant variances from Idaho Code 67-6516 and that authority is expressly limited to the items listed in the statute and I will just repeat. This is from the statute. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard setbacks, parking space, height of buildings, or other ordinance provisions affect the size or shape of a structure or the placement of the structure upon the lot or the size of the lot. The item requested to be varied here, the length of the block face is not itemized in the statute and it's not governed by Idaho Code 67-6516. Unfortunately, the Council just does not have the authority to grant the variance requested. I have no doubt that the Council has issued variances other than those that are itemized in the statute and I have no doubt that you probably have not been challenged on that. But you know that when you go outside the • Meridian City Council February 6, 2007 Page 66 of 76 bounds of your authority the statute -- really, the one way that you're on solid ground is to change that statute. And that's not what we have here today and that's not what people are asking for and the statute is what the statute is. Really, the variance discussion should end here. Without that authority to grant the variance -- and I'm just going to repeat a quote from case law that was reiterated in 2000. The concept of variance is narrowly treated by 67-6515. It is limited to adjustment of certain regulations concerning the physical characteristics of the subject property. So, with that in mind, again, this discussion should end there, assuming, though, that the Council had the authority to issue a variance. If the Council had that authority you know that that's not a right or a privilege that anybody can just walk in and ask for, it can only be granted if there is a showing of undue hardship because of the characteristics of the site and usually that's a topographical consideration or the variance is not in conflict with the public interest. Undue hardship as defined by the courts centers on whether the hardship claimed is really specific or peculiar to this particular property in general or is generally applicable to all properties. If the property -- or if the hardship is truly specific to this one lot alone and it's not created by the applicant, another important factor, then, perhaps a variance is in order, but this isn't the case here. The applicant created the circumstances and understood what they were creating with their planners back in 1995 and without this variance the design alternatives would be limited and that's just the case. Even if you had the authority to grant the variance, Meridian is being asked to ignore its legislatively approved health and safety regulations reflected in your block length requirement, so that this particular property owner can ask for greater flexibility. That's not peculiar to this property. Any applicant could, then -- and you can imagine the precedent that would be set -- any applicant could come in and ask for a variance, because it would offer them greater design flexibility. So, this issue is not peculiar to this project, it could happen or apply to any property anywhere. It's not appropriate here and, again, I think it opens the Council up, the city up to a precedent that it does not want to set or should not want to set, I hope. So, we are strongly requesting that the variance be denied as being outside the authority of the Council and contrary to the public interest. Thank you. Borton: Thank you. When I call your name, if you would, please, come forward or indicate if someone is speaking or has spoken on your behalf. Kathleen Rudeen. Some people have left, so we will keep going through the list. Gina Ingle. Chris Ingle. Thank you. Lorie and Rick Gierlaw. Okay. Brian and Beverly Brown. Thank you. Bernie Fisher. Signed up against. Fisher: My name is Bernie Fisher. I live at 6883 North Spurwing Way. I want to make one point clear real fast. I'm not against this development at all, but I feel like I have been misled as to the amount of homes that are going to be built in this development. When I saw the new plat with the 70 some homes, I was, then, told that don't worry about it, we have an access going out that shoestring or whatever you have been talking about earlier. So, I said, well, that's fine, we can -- we can move the traffic out that way. Now, I found out, though, that's going to be an emergency exit only. So, that -- I'm looking at everything and I'm saying every vehicle that goes in or out of Spurwing has to go by the clubhouse. There is no other way in or out. It has to go by the Meridian City Council February 6, 2007 Page 67 of 76 clubhouse. We have got golfers coming out of the clubhouse on golf carts going across. They have to cross that main road there to get over to the number one tee box and some of them are getting up in years like I am and maybe it's like a second childhood and you don't see as well, you don't -- or you don't really look like you should. That is one of my main concerns. Now, I heard these figures of how many cars can go by a certain point in a day, but we are considering here a clubhouse, a golf course with these cart carts going back and forth across that road. My home is just two blocks -- or the second lot passed the clubhouse and when I'm out in the yard working I observe that traffic goes by that clubhouse many times at 40 and 50 miles an hour and they can get a pretty good run on North Spurwing Way is that when they hit the clubhouse they are moving along. Our speed limit in the area is supposed to 25 miles an hour but they don't adhere to that. So, this is my point. I think that we have been misled on this thing. I think that if they would back off on the amount of lots that you put out there you're gong to help the whole community and we are going to solve a lot of problems that we have been talking about. Thank you. Borton: Thank you, Mr. Fisher. Andrea Nist. Signed up against. Nist: Against. My name is Andrea Nist, 2932 West Balata Court, and you guys have heard all the testimony from our neighbors over the last couple of meetings. We have over 30 neighbors that are actually against this and all 30 neighbors plus -- I'm averaging. Not less, but probably more, no one has ever been told more than 40 patio homes. I have never heard someone come in here and say we have been told more. Forty patio homes, it would be done. We have tried through various people to contact him. We would love to have 40. We would take it in a heartbeat. We know this is going to happen. We ask you to consider -- this is not just a side neighborhood, this is a neighborhood within our neighborhood. The property values within our neighborhood do not -- cannot take a 70 home development. There is no guarantee that these prices will actually be what he says. And to have 70 of them in there and have them to be two to four hundred thousand dollars will adversely affect our neighborhood. The developer has promised numerous things throughout the years and I can say through many homeowners there are many things that were not -- were not -- never turned out that were promised to us. Thank you. Borton: Thank you very much. The comments -- comments from the public -- the reason that the hearing was continued was to receive agency comments, so we will limit our public testimony to your response to those -- or questions on those comments. John Flagherty. Butler: If I can -- I don't know if I can -- but just procedurally if I could ask a question. JoAnn Butler, 251 East Front Street. I do know that that was what the ultimate motion was when you -- when you continued the Public Hearing, but at that time you also said in discussion that the review agencies and the public did not have access to either the Findings and Conclusions, the conditions of approval, or the agency comments. And so, consequently, not only didn't the review agencies have access to that information, but the public didn't either. So, I guess I'm asking that the public be able to comment on Meridian City Council February 6, 2007 Page 68 of 76 the plat, because they had not had a full report before them at that time. It wasn't drafted for public review at that time is my understanding. Thank you. Borton: Mr. Nary? Nary: Mr. President, Members of the Council, Councilmember Borton, Mrs. Butler is correct in the sense that they -- also the direction from the Council at the time in December was for some changes in regards to the plat and those are, then, included in the staff report of January 9th that Mrs. Canning's office has filed and there hasn't been an opportunity for any comment on any of that until tonight, so -- Borton: Okay. Nary: So, I don't think it's out of order to accept testimony in regard to those specific plat -- Borton: Then we will do so. John Flagherty. Okay. Chuck Compton. Thank you. Brian Black. Holly Kachinsky or Katowski. No. Jay Compton signed up against. Okay. Dolores Ashley. Okay. Jim Johnson. Signed up in favor. Sheri Stiles. Moving right through it. Amy Jorgensen. Signed up against. Okay. Thank you. Dow Ashley. Ron. It looks like Dow. I apologize. Ashley: I didn't go to school very long and I didn't do a real good job. I'm Ron Ashley. 6851 North Penncross Way, Meridian. Spurwing. My concem is a big concem is the traffic. You're going to double the traffic in there. Plus the members that don't live there during the golf season, it's a lot of traffic and you're going to double it here. This project looks like to me that it's going to be -- it's going to raise the value of the condos, because they are going to be in Spurwing. It's going to devalue our homes, there is no doubt about it. It's going to drag things down. You guys can kid yourself or not, but that's what's going to happen. So, he's getting an advantage on this deal, because of the existing homes there and we are going to be disadvantaged. That's all I have to say. Thank you. Borton: Thank you. Susan Wildwood. Wildwood: Thank you, Mr. President, Members of the Council. Again, for the record, my name is Susan Wildwood, I'm an attorney. I'll direct my comments primarily to the variance comments by Mrs. Butler. I think that this is very clear that this Council has the authority to grant variances from ordinances that it has adopted. There is a municipal code, you're authorized under Title 50 to adopt ordinances, to review those ordinances, and to offer any relief as appropriate off those ordinances. What we are really talking about is a variance from the block length and Becky referenced it. I would like to point out again the -- we are talking about on the variances from the block length and in looking at the site constraints, these are site constraints that are unique to this piece of ground. So, it does qualify under the case law. The constraint is the length of this road is wrapped by the golf course. Interestingly enough under the ordinance Meridian City Council February 6, 2007 Page 69 of 76 requirements in the residential districts no block face shall be more than 750 feet in length without an intersecting street or alley or no block shall have a length greater than 1,300 square feet without a pedestrian connection. We have made every attempt to try to offer those kinds of things given the site constraints, but we still need the variance. Here is the pedestrian walkway out into the golf course and we have the emergency access. It's not an alley and it's not an intersecting street. This loop also provides as close to an intersecting street. So, what we have done is we have given you a roadway, given the narrowness of this particular lot that comes in, we have a loop here, we are offering safety for a turnaround. We have pedestrian access out into the golf course. We have this loop that provides an intersecting street. We also have this area coming out here. So, that we have addressed the comments by the police department and by the fire department as far as offering safety, secondary access, so that they can come into these areas, it's simply the block face of that road length that we have asked the variance for. It falls squarely within the authority of the court and within the city. The city has acted with authority in the past and they would be acting with authority in this instance. Although Mrs. Butler suggested the city is without any authority to do so, it is not either contrary to the public interest, not contrary to the cases, and, again, falls under the city's right and responsibility as a municipal corporation to offer a variance from its own ordinances. With that, Mr. President, I would be happy to stand for any questions. Borton: Thank you. Any questions? Thank you. Wildwood: Thank you, sir. Borton: Thank you. Claire Treerice. Canning: Treerice. Borton: Sony? Canning: Treerice. Borton: Not here. Claire or Bob Treerice. They left. Okay. Sony. Stephanie Stevenson. Okay. Richard Moritson. Richard. Moritson: My name is Rick Moritson. I lived at 3028 West Balata. I'm on the north side of Balata there. First off, I'm very -- President, Members of the Council, I'm very disheartened with the communication between the developer and the neighborhood to date or the homeowners association. After all, there is only about 60 of us in the whole development as it stands. I think that's a reasonable number of people to try to get together. We are not talking about thousands of people here for neighborhood meetings, et cetera. And within 300 feet of the development there is probably only ten houses. I don't know what the exact quantity was, but that's -- the neighborhood meetings that we have had I don't think sampled the neighborhood. With that said, I think a lot of the concerns that I have of the development are regarding the planning Meridian City Council February 6, 2007 Page 70 of 76 and zoning issues that have already been stated. I don't feel the density fits existing open space esthetics that the subdivision has. The developer said that it's typical -- is typical for an 18 hole course. I want to keep in mind that all the development is around six holes, six fairways here. So, what's typical for an 18 whole golf course, this, really, is around six. The traffic is a five to six X increase, if I heard correctly on Balata, going from a hundred plus to six hundred plus trips a day and I'm concemed about all the traffic at the head of Balata there, in addition to the traffic exiting out through main Spurwing Way as already stated by others. I'm also concemed that there is going to be a separate homeowners association regarding this development and how its covenants will be in regards to maintaining the high standards we have within the existing development. I'm also a little concemed with the -- how this development is going to use the common roads, common lighting, common landscaping, et cetera, that's already part of Spurwing, you know, in regards to maintenance and so forth, but that's legal issues I'm just not familiar with. Also, if they are going to be using our irrigation pumps that we maintain for irrigation, et cetera. While I'm in favor of the whole patio home concept, the current plan seems disorderly and crowded for the reasons stated previously. My preference or suggestions for improvement would increase the tot size. The stand-alone lots taking from a minimum size of 10,000. Right now they are around nine to 12 thousand square feet, taking that up to about 15,000 square feet and taking the shared lots from five to six thousand square feet up to ten. I'd like to see more open common area between Balata lots and the new development. There is some common area along the first stretch there on the right, but as it extends up there is no actual common open space in there between the lots and that kind of goes back into the open space esthetics. If you back off a view of the whole subdivision, there is a lot of open space in there provided by the golf course and, then, you're crowding at this comer. So, I°d like to see more open space there. And I'm also concemed with that block length as JoAnn and others had mentioned and, you know, possibly would like to see the removal of that loop on the end, make it just one street through there. But I think that wraps up my concerns. Any questions? Borton: Thank you. That's all -- that's the entire list of people who have signed up to testify. Would the developer like to offer comment? Mr. Hewitt. Hewitt: My name is John Hewitt. I reside at 8212 North Spurwing Way. I really don't have any additional comments or can provide you with any information I think that you haven't already heard, but I will avail myself to any questions that you might have. Borton: Thank you. Any questions, Council? No. Okay. Thank you. Would the applicant like to make any final remarks? McKay: Mr. President, I will be as brief as possible. I did recalculate the number of trips that will be generated by the reduced number of lots. It would be approximately 554 vehicle trips per day. That's based on the formula that ACRD was using of 8.52 vehicle trips per dwelling unit and that's due to the mix of attached and single family. So, 554 vehicle trips a day. There is 70 existing single family dwellings out there now Meridian City Council February 6, 2007 Page 71 of 76 on acre lots, because that was the minimum lot size at the time the Spurwing was done in 1995. And they are generating 700 vehicle trips a day. I consulted with WGI, they indicated that a golf course of this size, with the clubhouse, generates approximately 645 vehicle trips a day. So, the existing traffic out there is 1,345. And Spurwing Way is built as -- like a residential collector. And I brought an aerial to kind of demonstrate that. It has a split median. As it comes off of Chinden there is a split median. It's a large no front-on housing. It comes up here to the clubhouse. Still no front-on housing. This is Balata Court. So, we are right here at that first -- this is one inch equals a hundred feet. We are one -- we are right up here, it's about the first 200 feet of Balata Court. The homes start right here and here. Those are the first two homes. So, as our traffic exits Balata it will come right here and, then, go down the collector. Borton: Becky? McKay: Yes. Borton: Can I have you show it or make that representation so the public can see where you're pointing and making reference to? Thank you. McKay: This is just an overlay. We have overlayed -- you can see it at a distance, but we have overlayed how we intersect into the development and this is showing existing homes, the collector roadway for Spurwing here, and, basically, demonstrating that we are not dumping at the end of Balata and creating a bunch of traffic in front of these homes. We will be existing right here where it -- shortly where it dumps into the collector roadway. The gentleman made the comment he lives I think two lots north of the clubhouse, so that would be -- on Spurwing Way would be up here, so this traffic would be coming out just south of him. As far as the block length, it -- the staff recommended that variance on the block length. Obviously, they believe that that was the appropriate application to deal with that. It is in the ordinance. It does give us options. We break blocks with ped paths, alleys, streets. We have had to do variances on block lengths where we had site characteristics which prohibited us -- or it was not reasonable to make a second public street type connection. Thousand Springs -- I mean I could name probably five at least over the past few years that we have done. So, this is not inconsistent with what the Council has done in the past. The only other thing I need to mention is the fact that the Council ask us to delineate a split zone. We originally asked for all R-8. We did provide a legal description of the partial R-4, partial R-8. The R-8 is delineated on the revised preliminary plat that we submitted. As far as Ada County Highway District is concemed, the number of vehicle trips has been reduced. Our primary access point and configuration of our street network with our emergency vehicle access is identical to what they reviewed originally. As far as ITD is concemed, we will be required to, obviously, get apermit --aright of way permit for the emergency vehicle access. We will have to provide them with a design. So, regardless of which plat we are talking about, there is nothing that is changing in that manner. This is a good project. We have provided a substantial amount of open space. We have 16 percent common area, which is relatively high. A lot of these subdivisions, especially the small ones, are coming in just with the bare minimum, because that's all that they Meridian City Council February 6, 2007 Page 72 of 76 can do. Obviously, this project, in order to compliment this neighborhood and to provide luxury homes like Mr. Hewitt wants, he's going to have to make this top notch and that's exactly what I believe he's going to do and I ask the Council to, please, support it and approve the application. Thank you. Borton: Thank you. Council, any additional information? One question of staff, both police and fire with regards to this plat, on the variance request. Are there any specific concems about the city's ability to service this area? Trakel: Mr. President, Members of the Council, are you asking about the variance itself for the block length? Borton: Either. Yes. Trakel: Okay. It wasn't that we welcomed the secondary access, it was more that we demanded it. This is not the optimum that we like. We would prefer a second street going in. The emergency access has bollards in two different locations, which does prevent a quicker response into the area. This number of dwellings, residences, creates quite a few calls that we would imagine would be going in there and in an emergency one access does two things. If that access gets blocked by -- for whatever reason, a fire, an accident, whatever, we would be required use the secondary access, the emergency access, which now we have to take time to remove the bollards and that creates a concern. However, like I said, it wasn't -- and we agreed to it grudgingly and, then, the second and probably even just as important reason if from a tactical standpoint regarding a police response, with one way in, one way out, if we have to make a tactical response, they know where we are coming from. So, that is our concems as far as emergency access. The variance, the long block length, they do create kind of a drag strip type mentality with some people and the long straight pathways or roadways, speed can get up on them and create a hazard. There is also another concern that we have and that's the exit or access point into Spurwing off of Chinden and with that there is a light that is just east of the intersection -- and I don't know what the name of that street is right offhand, but that means that the possibility of alight going in at the Spurwing access really is not going to happen and creating that many vehicle trips in and out will create a hazard and that's not just the people that live in that Spurwing development, but it's also the members of that club that go there during the golf season. I believe someone even mentioned it earlier. So, that creates even more vehicle trips into the area. So, that's the police department's concems with the roadways as they sit and the amount of residences in that area. Borton: Thank you. Silva: President Borton, Members of the Council, our concems with this -- wel@, first of all, I'll start with the entryway. When you have 133 homes that are serviced on a single access point, as you well know most typical -- if a street is going to be placed out of service in Meridian it's probably placed out of service for some sort of water, sewer improvement or street improvement. So, that's typically what takes the primary ~ ~ Meridian City Council February 6, 2007 Page 73 of 76 response route out of service. So, with that -- anytime we have over 50 homes we require a second point of access. In this case the developer has provided an emergency access point off Chinden directly. Unfortunately, we have got to go through two sets of gates to get completely into the project, which is a time delay and time and minutes and seconds are critical anytime in an emergency response. Secondly is that we do have a dead end street that exceeds 750 feet in length and with that thought in mind we typically require a wider street section to accommodate speed, we may have to go down the street a little bit quicker in order to reach the most remote part of that dead end street. However, in this situation, it depends on how you view or define a dead end street. That dead end is really not truly a dead end, because now you have an emergency vehicle access and now you can conceivably access it from two different -- two different points. So, with that that's why we didn't require the increased street width section as part of the comments from the fire department on this particular project. So, with that I'll stand for any questions, Mr. President, or Council. Borton: Mr. Bird. Bird: Either one of you can answer it, police or fire. Instead of bollards, have you -- have we ever had a swinging gate that would be operated electronically off our Opticom system like we do the lights? Do you know of anything like that? Silva: Mr. President, Members of the Council, Councilman Bird, yes, we have had -- we have had some problems associated with those type of Opticom sensors that open electronic electric gates. The sun will shine in there or they will be -- sometimes there is a problem with the shadowing on them or sunlight directly hitting them and they will not operate and that's been troublesome. So, what we do is we ask for a key override or we just -- the firefighter steps out and puts a key into a switch, turns it, and the gate opens and remains open throughout the duration of the emergency. Bird: But you can, basically, use that and you can't -- you can put covers around I think to block -- because in automatic swinging and sliding doors we have had that problem before, reflections and stuff, and you can usually put a cover of some kind that will keep that from happening. I have to agree with you guys on this, that the bollards is -- you may as well go -- I don't know, you know, you're going to waste time getting through there if you have got a real emergency, you know, if it's a fire, if you're five minutes, the f re is -- five minutes has jumped ahead. So, I think that the only way I -- that we could do it is with a swinging gate operated electronically with a key override. I agree with you. Police agree to that? Trakel: Councilman Bird, Mr. President, we would agree with that. We do not have Opticom on our vehicles, so we would need some type of key ovemde. Bird: I might have outspoken. You know, there is other types of things that just -- like garage door openers and things or something. It don't have to be -- I just threw Opticom out there, because I thought you guys had Opticom, too. ! • Meridian City Council February 6, 2007 Page 74 of 76 Trakel: Not yet. Borton: Thank you. Any other questions of staff? Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I would ask a question of Mr. Nary. I was a little taken aback by the fact that we can't do what we have done in the past. Could you enlighten me a little bit there? Nary: Mr. President, Members of the Council, Councilmember Rountree, I guess I'd respectfully disagree with Mrs. Butler that the statute bars us from making -- the city from making this decision. I guess I don't read it in the same ~vay that she does. I think there is the ability of this Council to make Findings based boith the statute and its own ordinance. I think -- as Mrs. Wildwood pointed out, it would be an absurd result that we make requirements in our ordinances for block lengths, lot sizes, building heights, and a variety of other things, some that are covered by statute and some that are covered by ordinance and, then, not allow relief from those very ordinances. So, I don't read the state statute as strictly as Mrs. Butler does, nor do I think our ordinance is void by allowing also variances from our ordinance. So, I don't think you're barred from doing it. Borton: Any additional questions? Bird: Mr. President, one clarification for Anna. The rezoning from the part that's R-4 and the part that's R-8, is from TD Land Surveying, dated December 19th, 2006; is that right? The legal descriptions? Canning: Mr. President, Mr. Bird -- Councilmember Bird, Sonya had those legal descriptions when she prepared these conditions of approval„ so they should be listed correctly in here. Rountree: They are in there. Canning: That would have been part of the annexation request and they are included in Exhibit C -- hold on. Bird: That's right. That's it right there. Canning: Yes. Dated December 19th. Bird: Just wanted that on the record. Borton: If no further information is necessary, I'd entertain a motion to close the public hearings. Meridian City Council February 6, 2007 Page 75 of 76 Bird: Mr. President? Borton: Mr. Bird. Bird: I'd move we close the Public Hearing on PP 06-045 and VAR 06-020. Borton: Second. It's been moved and seconded to close the Public Hearing on Item 19 and 20. Any discussion? Seeing none, all those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we -- first off a question for Mr. Nary. Preliminary plat. Variance. Variance. Preliminary plat? Deny one -- Nary: I think you have to grant -- Rountree: We'd have to grant the variance first. Nary: You'd have to grant the variance first. Rountree: Or deny the variance. Nary: Or deny the variance. Rountree: Mr. President? Borton: Mr. Rountree. Rountree: I move that we approve the request for a variance, Item 20, VAR 06-020, based on the uniqueness of the particular piece of property, the ability to provide pedestrian access and the ability to provide a secondary safety access into this particular lot. And include the Findings -- preparation of Findings. Borton: Second. It's been moved and seconded to approve Item 20, VAR 06-020. Any discussion? Seeing none, Mr. Berg, please call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? • Meridian City Council February 6, 2007 Page 76 of 76 Borton: Mr. Rountree. • Rountree: I move that we approve Item 19, PP 06-045, preliminary plat, Spurwing Patio Homes Subdivision, subject to testimony received this evening, staff comments and conditions in their final report, and the preparation of Findings. Borton: Second. It's been moved and seconded to approve Item 19, PP 06-045. Any discussion? Seeing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Thank you, everybody, for your patience and endurance. That brings us to the end of our regularly scheduled agenda. If I can get a motion to adjoum. Rountree: I so move. Bird: Second. Borton: It's been moved and seconded to adjoum. All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:29 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APP COUNCIL PRESI ~~ ' ~'d ~~ JOE BQ'R ~® ~~~I~ _ ~, `/~P~'~~r~r~nin n~aao~°°ga`n~ ~ ~ ~ ~7 DATE APPROVED G. BERG JR., CITY CLERK • • February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. 5-/4 REQUEST Approve Minutes of November 28, 2006 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 property of #~e CHy of Meridian. February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. S-~ REQUEST Approve Minutes of December 12, 2006 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 property of the City of Meridian. February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. S-E REQUEST Approve Minutes of January 16, 2007 City Council Regular 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 properly of the City of Meridian. February 2, 2(~7 PP 0b-055 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Ronald Van Auker ITEM NO. S-F REQUEST Findings for Approval -Request for Preliminary Plat approval of 8 lots on 39.28 acres in existing I-L zone and C-G zone for Seyam Subdivision - 36b0 East Lanark Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CTfY 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: ~~ 7~ 7 700 Emailed: T~tiGh®.-e_(('~~,~ i~aa-cl ° ~ll~r~2~ St Ini 'als: ~~ Materials presented at publk meetings shall beconie~ or party of the City of Meddlan. C~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • EC'EID !AN 3 1 2007 ~~'ty °=~`Mexidian P ~.tY ~ ~~~erk ®f~fice ~~ ,,~~rrwa~~ ~~~a7; wt ,.~: 4 ~.wca ~~ "~~~. ~r- ,; In the Matter of Preliminary Plat Approval for 8 lots in the I-L and C-G zones on 39.28 acres, for Seyam Subdivision, by Ronald Van Auker. Case No(s). PP-06-055 For the City Council Hearing Date of: January 9, 2007 (Continued to January 23, 2007 with Findings approved on February 6, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 9, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 9, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 9, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 9, 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). PP-06-055 (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 Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 9, 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 August 22, 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 January 9, 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-06-055 (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 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 January 9, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-055 (PAGE 3 of 4) • -{~- Byaction of the City Council at its regular meeting held on the ~ _ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~~d~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD By: ATTEST: , >°°0~~ x~~, WILLIAM G. BERG, JR., Q ~ ; ~ ~~~ ~,E~ ~ ~ T 1 ~.~ ~ a~ ,~~~ ','e/////,®~~11 t I 4011,0`*``q~~ys Copy served upon: ~~ Applicant ++a x444 / Planning Department Public Works Department City Attorney VOTED-~y~~~- VOTED_~~~~ VOTED-~6~~-- VOTED ~r ~Tv e ~v rtr,-~ B ~ Dated: a - I ~ - (j1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-055 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 STAFF REPORT Hearing Date: January 9, 2007 ~ ~ ~ ~ ' ` "'t• TO: Mayor and City Council f'~' '~` «J~o ~, FROM: Justin Lucas, Associate City Planner ~~;~ ~' SUBJECT: Seyam Subdivision -.~„~,,~,~,,,~~- PP-06-055 -Preliminary Plat for 81ots on 39.28 acres in the I-L and C-G zones, by Ronald Van Auker. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, is requesting approval of a Preliminary Plat to subdivide 39.28 acres located on the south side of Franklin Road, approximately 1,200 feet east of the intersection of Franklin Road and Eagle Road. The subject property is zoned C-G and I-L. The subject preliminary plat contains 81ots with a mix of commercial and industrial zoned lots. Portions of this site have already been developed, including the Ashley Furniture Building on the southwest corner of the property (proposed Lot 4, Block 2) and the Lanark Warehouse complex at the north end of the site (proposed Lot 1, Block 1). 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed Seyam Subdivision (PP-06-055) with the conditions listed in Exhibit B of the Staff Report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat application. The Meridian Planning and Zoning Commission heard this item on December 7. 2006. At the public hearing they moved to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Brad Miller ii. In opposition: None iii. Commenting• None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood b. Kev Issues of Discussion by Commission: i. -Width of landscape buffer between uses; ii. - Timing of constructing the landscape buffer adiacent to Franklin Road c. Kev Commission Changes to Staff Recommendation: i. -The 35-foot wide street landscape buffer along Franklin Road can be constructed on a lot by lot basis. ii. -The 25-foot wide landscape buffer between uses can be reduced to 10 feet. iii. -Prior to submittal of the Final Plat application for this proiect, the applicant shall receive City Council approval for a rezone application on this property. The rezone application shall at a minimum adiust the zmnin~ district boundary lines on Lot 3. Block 2 and Lot 3, Block 1 to coincide with the proposed northern lot lines. d. Outstanding Issue(s) for City Council: i. -The revised landscape plan and preliminary plat submitted by the applicant still does not clearly show the required 35-foot wide street landscape buffer along Franklin Road exclusive of ACHD right-of-way, as required with Conditions 1.1.4 and 1.1.10. Seyam Subdivision page 1 PP-06-055 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JANUARY 9, 2007 ~, u marv of Citv o nc'1 Pub is Hea 'ng: i. In favor: Brad Miller ii. In onnosition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting annlication: Anna Borchers Canning vi. Other staff commenting on annlication: None ja, ~y Issues of Discussion by Council: i. Required landscaue buffers ~, j~v Counci Changes to Commission Recommendation: i. None 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06- O55 as presented in staff report for the hearing date of January 9, 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- O55 as presented in the staff report for the hearing date of January 9, 2007 for the following reasons: (You must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number PP-06-055 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: 3660 E. Lanark St. Township 4N, Range lE, Section 32 b. Owner Ronald Van Auker 3084 E. Lanark St. Meridian, ID 83642 c. Applicant: Ronald Van Auker 3084 E. Lanark St. Meridian, ID 83642 d. Representative: Michael Crawford, Pinnacle Engineers e. Present Zoning: General Retail and Service Commercial (C-G) and Light Industrial (I-L) f. Present Comprehensive Plan Designation: Industrial and Commercial g. Description of Applicant's Request: The applicant, Ronald Van Auker, is requesting approval of a Preliminary Plat to subdivide 39.28 acres located on the south side of Franklin Road, approximately 1,200 feet east of the intersection of Franklin Road and Eagle Road. 5. PROCESS FACTS Seyam Subdivision page 2 PP-06-055 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: November 20th and December 4th, 2006 (Planning Commission) and December 18t~ 2006 and January 1St, 2007 City Council) c. Radius notices mailed to properties within 300 feet on: November 9th, 2006 (Planning Commission) and December 15th, 2006 (City Council) d. Applicant posted notice on site by: November 27`h, 2006 (Planning Commission) and December 30th 2006 (City Council) 6. LAND U5E a. Existing Land Use(s): There aze two existing buildings on this site, the Ashley Furniture Building on the southwest corner and the Lanark Warehouse on the northern portion of the site. The Ashley Furniture Building was developed as part of a one time Administrative Lot Split that was approved in 2004. b. Description of Chazacter of Surrounding Area: Mixed use azea with lazge scale commercial (RC Willey, Ashley Furniture), retail, and residential uses; rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Railroad Tracks and Commerce Pazk Industrial Subdivision, zoned I-L. 2. West: RC Willey Complex and carpet warehouse, zoned C-G. 3. South: Franklin Road and Touchmazk Living Center, zoned L-O. 4. East: Rural residence and vacant land, zoned R-1 and RUT (Ada County). d. History of Previous Actions: In 2004, the current property owner applied for and received approval for an administrative lot split (MI-04-007) on this property. The purpose of that one time split was to create the 3.74 acre pazcel on which the Ashley Furniture store now sits and a 35.55 acre parcel on which the Lanazk Wazehouse building now sits. As part of that pazcel split the applicant agreed to subdivide the entire property and include both the 3.74 acre pazcel and the 35.55 acre pazcel as lots in a future subdivision. The applicant submitted the subject subdivision to fulfill that requirement. Subsequent to the one time split described above, the Ashley Furniture parcel was rezoned (RZ-04-012) from amix a of I-L and C-G to all C-G. Two CZC applications (CZC-OS-032, CZC-Van Auker Inc. no #) have also been previously approved on this site for the aforementioned buildings. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing sewer service via extension of mains adjacent to the property Location of water: This property is proposing water service via extension of mains adjacent to the property. Issues or concerns: None. 2. Vegetation: Some existing trees that should be protected or mitigated for. 3. Flood plain: N/A Seyam Subdivision page 3 PP-06-055 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF JANUARY 9, 2007 4. Canals/Ditches Irrigation: The Evans Drain runs along the northern boundary of this property. This facility has already been tiled adjacent to this site. 5. Hazards: None identified. 6. Size of Property: 39.28 acres f. Subdivision Plat Information: The submitted plat proposes 81ots in the I-L and C-G zones. Anew north-south public street, N. Touchmark Way, is proposed near the center of the subdivision. The applicant is also proposing to dedicate the existing private street, Lanark Lane, to ACHD with this preliminary plat. g. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, Franklin Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to this roadway. The landscape plan (Sheet LS-1) proposes a 35-foot wide buffer along Franklin Road for the all of the proposed subdivision except the Ashley Furniture site which has previously developed (see analysis below for further detail of this situation). UDC Tables 11-2B-3 and 11- X-2 also require a ten foot street landscape buffer in the C-G and I-L zones along all local streets. The applicant has depicted these buffers on the landscape plan. All street buffers should be designed in accordance with UDC 11-3B-7. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement on the fmal plat(s). 2. Percentage of site as open space: The UDC does not require open space or site amenities for commerciaUindustrial subdivisions. 3. Other landscaping standards: Landscaping within all parking lot areas should be constructed in compliance with UDC 11-3B-8. h. Off -Street Parking and Loading: One off-street parking space is required for every 500 square feet of gross floor area in the C-G zone, and one off-street parking space is required for every 2,000 square feet of gross floor area in the I-L zone. Also, off-street loading spaces for commercial and industrial uses shall be provided to prevent delivery vehicles from blocking travel lanes (per UDC 11-3C-8). No buildings are proposed with the subject application. Staff will review compliance with the off-street parking and loading standards with future CSC applications. i. Proposed Street System: The applicant is proposing two new public streets with this application. The first of these streets, East Lanark Street (adjacent to Lot 1, Block 1, traveling east to west), has been mostly constructed as a private street with in this property. The applicant is proposing to dedicate the existing private street to ACHD and make it a public street. The applicant is also proposing to extend Lanark Street to the east, and stub it to the "second phase" of this development (proposed Lot 4, Block 1)(See Analysis below for more on Lanark Street). The second street the applicant is proposing is N. Touchmark Way (travels north to south in the center of the proposed subdivision). This proposed street intersects with Franklin Road at its southern terminus and provides the primary access off of Franklin Road to this development. This intersection is currently signalized. No other street or access points to Franklin Road are proposed at this time. Note: As of the print deadline for this report, staff has only received draft comments from ACHD (listed in Exhibit B). Seyam Subdivision page 4 PP-06-055 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THEARING DATE OF JANUARY 9, 2007 7. AGENCY COMMENTS MEETING On November 17, 2006 staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The northern portion of the subject site is designated industrial and the southern portion commercial on the Future Land Use Map. Chapter VII of the Comprehensive Plan contains the following definitions for each of these designations: Industrial Areas are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, standards for screening, landscaping, and adequate access would be developed and implemented. Commercial This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones maybe created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. Staff fmds 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 services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be subdivided in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • 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 (ACIID) and the Idaho Department of Transportation (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 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 Seyam Subdivision page 5 PP-06-055 CITY OF MERIDIAN PLAI~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 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. Stafffinds that the site is designated for Commercial and Industrial use on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and industrial opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed subdivision is appropriate along the adjoining transportation corridor (Franklin Road). • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The applicant is only proposing one access point, a public street, from Franklin Road into this development. Staff is supportive of this single public street access from the arterial Franklin Road. Direct lot access to Franklin Road should be prohibited. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). Ezcept for adjacent to Lot 4, Block 2, the applicant is proposing to construct 3S foot wide street buffers along the adjacent arterial street (Franklin Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial and Industrial Districts: UDC Tables 11-2B-2 and 11-2B-1 lists several uses as permitted and conditional uses in the C-G and I-L zoning districts. b. Purpose Statement of Zones: Light Industrial: The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures Accessibility to transportation systems is a requirement of this District. Commercial: 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 oftravel-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 constitute strip commercial development and encourage clustering of commercial development. c. General Off-Street Parking Standards (from UDC 11-3C-6B): In all Commercial Districts, Seyam Subdivision page 6 PP-06-055 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Residential Districts and Traditional Neighborhood Districts the requirement shall be one (1) space for every five hundred (500) square feet of gross floor area. In all Industrial District the requirement shall be one (1) space for every two thousand (2,000) squaze feet of gross floor area. d. Structures Subject to Design Standards (UDC 11-3A-19B5): All structures on lots adjacent to an entryway corridor (Franklin Road) are subject to the design standards listed in this section of the UDC. e. Outdoor storage/refuse azeas (UDC 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. 10. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. Preliminary Plat Application: Upon modification per the conditions listed in Exhibit "B", Staff believes that the proposed prelimixiary plat will substantially comply with the Unified Development Code. a. Special Considerations: Landscaping: Staff is generally supportive of the proposed landscape plan prepazed by Pinnacle Engineers, Inc., labeled Sheet LS-1, dated 8/22/06, with the following revisions: • UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. ]Franklin Road is an entry way corridor in this location. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Franklin Road with the following exclusions: o Lot 4, Block 2, does not have the total required buffer along Franklin Road due to the fact that this lot was previously developed by Ashley Furniture (see further discussion below). o Lot 4, Block 1 (identified as Phase 2) does not specifically show the required buffer along Franklin Road,. Staff believes that the required 35 foot wide street buffer and landscape easement (or common lot) should be required on this lot. 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 (UDC 11-3B). All required landscape buffers shall be exclusive of the public right-of--way and conform to the requirements of UDC 11-3B-7. • Chapter 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the proposed Lanazk Street and N. Touchmark Way, which aze local commerciaUindustrial streets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of the public right-of--way and conform to the requirements of UDC 11-3B-7. Seyam Subdivision page 7 PP-06-055 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 • UDC Table 11-2C-2 requires a 25-foot wide land use buffer between I-L zoned property and all non-industrial zoning districts. A 25-foot wide landscape buffer easement should be placed on the face of the fmal plat, on any industrial district boundary that borders a non-industrial district. This land use buffer should be constructed in accordance with UDC 11-3B-9, at the time of building construction. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Emergency Vehicle Turnaround: An approved temporary emergency vehicle turnaround and easement should be provided at the eastern terminus of the proposed Lanark Street as required by ACRD and the Fire Department. Lot Line Location: As shown on the preliminary plat the proposed lot lines do not coincide with the zoning district boundaries in this area. Staff is specifically concerned about Lot 3, Block 1 and Lot 3, Block 2 which seem to be spilt between I-L and C-G zoning districts. While such a division is not specifically prohibited by the UDC, Staff believes that it is prudent to locate the proposed lot lines in this subdivision on the zoning district boundaries. Locating the lot lines on the district boundaries will help to avoid any confusion in future regarding the zoning designation of a specific lot within this subdivision, and clarify what uses are allowed to be constructed on each lot. Locating the lot lines on the district boundaries will also help to clarify the location of the required landscape buffer between the I-L and C-G zones as described above. Furthermore, UDC 11-1-SC1 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. Ten full-size and one 8.5" x 11" copy, as well as new PDF and jpg copies, of a revised preliminary plat that depicts lot line locations as mentioned above, should be submitted to Staff at least ten days prior to the City Council hearing for this project. Note: Lot 4, Block 2 (Ashley Furniture Site) appears to be zoned entirely C-G, the district boundary line shown on the plat for this property should be moved to coincide with the proposed lot line. Lanark Stub Street: The current preliminary plat proposes to extend Lanark Street only to the Phase 1 boundary. Staff believes that this stub street needs to be extended all the way to the eastern property line to ensure that the property owners to the east have access to this proposed public street. Staff believes that this future public street connection to the east is essential to allow for the properties to the east to access the existing stoplight at the intersection of Touchmark Way and Franklin Road. After discussing various options with the applicant, Staff recommends that Lot 4, Block 1 (Phase 2) be restricted as anon-buildable lot, until a new preliminary plat is submitted for that lot which shows the extension the proposed Lanark Street to the eastern property line. Lot 4, Block 1 should be included within the boundaries of the first final plat on this site. Place a note on the face of said final plat restricting Lot 4, Block 1 as anon-buildable lot until Lanark Street is extended to the east property line. Said Lot 4, Block 1, shall be subject to re-subdivision, including the submittal of a new preliminary plat and the subsequent recordation of a new/revised final plat of that lot. No Certificates of Zoning Compliance or Building Permits should be issued for Lot 4, Block 1 until a fmal plat has been recorded that shows the extension of Lanark Street to the eastern property line. Seyam Subdivision page 8 PP-06-055 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Additional Right-of-Way: In the draft report from ACRD the applicant is required to dedicate 60 feet of right-of--way (or 50 with a 10-foot sidewalk easement provided to ACRD) from the centerline of Franklin Road. Currently the applicant shows only 40 feet of right-of- way dedicated along this road. The additional 10 or 20 feet ofright-of--way required by ACRD will significantly effect the location of the required landscape buffer in this azea. Because this ACRD requirement will have a significant impact on the buildable areas of the lots adjacent to Franklin Road, Staff believes that the applicant should submit a revised preliminary plat that indicates the correct amount of right-of--way, as required by ACRD. Ten full-size and one 8.5" x 11" copy, as well as new PDF and jpg copies, of a revised preliminary plat that incorporates the correct amount ofright-of--way and the new dimensions and lot sizes for the lots should be submitted to Staff at least ten days prior to the City Council hearing for this project. Ashley Furniture Building: As mentioned above in the landscaping analysis the applicant is not proposing a full 35-foot wide landscape buffer along Franklin Road adjacent to Lot 4, Block 2 (Ashley Furniture Site) of this proposed subdivision. This site was previously developed, and there is an existing 25-foot wide landscape buffer along Franklin Road. Due to the fact that this site was previously approved and constructed (MI-04-07, CZC-OS-032) Staff does not believe it is necessazy to require an increased buffer in this azea at this time. This site also has a unique topography with a very steep slope that drops down from Franklin Road to the Ashley Furniture pazking lot. If this road is to be widened to seven lanes as anticipated by ACRD Staff, it will most likely require some significant cutting and filling. Due to this unique situation Staff is supportive of the applicant's proposal to maintain the landscape buffer in this azea as it currently exists. The applicant should place a landscape buffer easement on the face of the final plat that extends from the current curbing in the pazking lot, to the new right-of- way line for Franklin Road. Direct Lot Access to Franklin Road: The submitted preliminary plat shows no direct lot access points to Franklin Road. Franklin Road is classified as an arterial street on the Functional Classification Street Map. Staff believes that there is sufficient access provided to the subdivision without the need for direct lot access off of Franklin Road. A note should be placed upon the final plat prohibiting direct lot access to Franklin Road. Ditches, Laterals, and Canals: The Evans Drain traverses the northern boundary of this property and is covered. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (iJDC 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common 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 City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed azound the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Seyam Subdivision page 9 PP-06-055 CITY OF MERIDIAN PLA • G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff fmds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of PP-06-055 with the Conditions listed in Ezhibit B of the Staff Report for December 7, 2006. The Meridian Planning and Zoning Commission heard this item on December 7, 2006. At the uublic hearins they moved to recommend approval. The Meridian Citv o nc'1 heard this item on January 9 and January 23.2007.On January 23. ity Counci annroyed the subiect annlication. with no changes. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated August 22, 2006) 2. Landscape Plan (dated August 22, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACRD D. Required Findings from the UDC 1. Preliminary Plat Seyam Subdivision page 10 PP-06-055 CITY OF MERIDIAN PLA• G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Ezhibit A: Preliminary Plat (dated August 22, 2006) Revised (no date change) •o¢t~esea¢~¢~ 1`v'1 d A b d N t W 11 b b d g ~ ~ ~ ~ Qs .. ~ ~a~ ~®o~ae.o®e~~ ~d~~s ~o g~ ~~ o ® 6; a » ~9~Y1f11 ~~.~.~ ---------------- u i I I ; // 3a5° b'H~ II I u ~ ~ ~~~1~~ ~~ ~~. L l i I . ;, ' ~ ffl1 I I I I I I I II ~~ ##r~+ I Il emw $ ~{ i mui I I t.rs,r>w+ tai ~ I I I i I II }~ . I I I i j I i I I ~~ ~$. ~ i 1 i i j i I 14 ~ w u j°q n I = I i ~ nl i I § ~! >~ I j I 1 II it I I I ~a z ~ # I ` 11 11~ • E- ~ ~`> ~~~ ll l I 1 i I it I ~ I I j l i~ - ~ ~ I~ I sm ~ ~° ~ ~~ z Pi ` - ~~ I I III I I ~- ~ I - I I ~ g~~ ~ I I II ~--•~ -+--•_noy - ~y I § ~ I I I ~ >:,. iII ~ ~ ~ I II ~ y I ~ ~ ~ ~ ~ IIII u ~ II I I I ~ i Q ~ ~I~ r( ~ I J I CI j I I j i p III tt }~ 1 ~ I I 1 I I .~ ~. 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I I ~~ b. i I II I II , Ili ± _ , 7;a ~ I I I I ~il I`o-~ I ~ ~~ I I I I - w~-g ~I j __ __ c I , i ~ I ~ e fl i L ~ I III ~~ ~ <e b~~ $ ~ VIII _ i i I ~I II ' ~ ~ ~ ~ II ~ I I I t i I I - ~ I 1 III ~' I ~ I I I: ~ I ~I r ii I i 4 I I~ I ~ II ~. . ~ ` ~ i,l I ~I I~ 'I'mo li 4 ~=~=;~: -I I IIa ~, ~ jl i~ I I I I '~ I y III t~ , ~ ~,.._.e~- .. Seyam Subdivision Exhibit A Page Z CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Exhibit B: Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (PP-06-055) 1.1.1 Any future construction on lots adjacent to Franklin Road shall be subject to Design Review approval. 1.1.2 Access to Franklin Road shall be consistent with the approvals of ACHD, and the City of Meridian. A note shall be placed on the final plat prohibiting direct lot access to Franklin Road. 1.1.3 The landscape plan prepared by Pinnacle Engineers, Inc., labeled Sheet LS-1, dated 8/22/06, requires the following revisions: Construct a 35-foot wide street buffer along Franklin Road excluding adjacent to Lot 4, Block 2 (Ashley Furniture), all required landscape buffers shall be exclusive of the public right-of--way and conform to the requirements of UDC 11-3B-7. This condition shall apply to Lot 4, Block 1 which does no currently show the required buffer. The required 35-foot wide street landscape buffer along Franklin Road may be constructed on a lot by lot basis as each lot adjacent to Franklin Road develops. • Construct a 10-foot wide landscape buffer along both sides of the proposed Lanark Street and N. Touchmark Way. All required landscape buffers shall be exclusive of the public right-of--way and conform to the requirements of UDC 11-3B-7. Provide an easement for a ~3-€eet 10 foot wide land use buffer between I-L zoned property and all non-industrial zoning districts. This buffer shall be constructed when any industrial lot that borders anon-industrial district is developed. The design of this buffer shall be consistent with UDC 11-3B-9 (excluding the 25 foot width requirement . At the time of CZC submittal for any I-L lot that borders anon-industrial use, the applicant shall submit an alternative compliance application that includes increased vegetation within a 10 foot buffer, in lieu of the 25 foot buffer requirement. Mitigate or protect the existing trees on this site. Coordinate a plan with the City Arborist, Elroy Huff. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. 1.1.4 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin Road excluding adjacent to Lot 4, Block 2 (Ashley Furniture). Said buffer shall either be an easement or within separate common lot. 1.1.5 Graphically depict on the face of the final plat a landscape buffer easement that extends from the current curbing in the parking lot of the Ashley Furniture Site, to the new right-of--way line for Franklin Road. 1.1.6 Graphically depict on the face of the final plat a 10-foot wide landscape buffer along both sides of Touchmark Way and Lanark Street. Said buffers shall either be easements or within separate common lots. 1.1.7 Graphically depict on the face of the final plat a 25-foot wide landscape buffer easement along all I-L district boundaries that border the non-industrial (C-G) district to the south. 1.1.8 Provide a Fire Department and ACHD approved temporary turnaround and easement at the eastern terminus of the proposed Lanark Street. Seyam Subdivision Exhibit B Page 1 CITY OF MERIDIAN PLAIG DEPARTMENT STAFF REPORT FOR THEARING DATE OF JANUARY 9, 2007 1.1.9 Prior to submittal of the Final Plat application for this project, the applicant shall receive City Council approval for a rezone application on this property. The rezone application shall at a minimum adiust the zoning district boundary lines on Lot 3. Block 2 and Lot 3. Block 1 to coincide with the proposed northern lot lines, OR The northern lot lines on Lot 3, Block 1 and Lot 3 Block 2 shall be relocated to coincide with the zoning district boundaries. ~ 1.1.10 Ten full-size and one 8.5" x 11" copy, as well as new PDF and jpg copies, of a revised preliminary plat that incorporates the correct amount of right-of--way required from ACRD for Franklin Road and depicting the new lot dimensions adjacent to Franklin Road shall be submitted to Staff at least ten days prior to the City Council hearing for this project. All required landscape buffers shall be placed outside of any required right-of--way. 1.1.11 'The zoning district boundary line shown on the preliminary plat to bisect Lot 4, Block 2 (Ashley Furniture Site) is not accurate and shall be removed. Lot 4, Block 2 shall be shown as zoned entirely C-G as approved with RZ-04-012. 1.1.12 Lot 4, Block 1 shall be included within the first fmal plat phase of this property (currently shown as Phase 2). A note shall be placed upon the face of the final plat restricting Lot 4, Block 1 to be a non-buildable lot. Until a new preliminary plat is submitted on Lot 4, Block 1, and a subsequent fmal plat is recorded, that shows the extension of Lanark Street to the eastern property line, no Certificates of Zoning Compliance or Building Permits shall be issued for Lot 4, Block 1. 1.1.13 All refuse/service areas shall be designed so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications shall clearly demonstrate how this standard is met. 1.1.14 Prior to issuance of any Certificate of Zoning Compliance, the fmal plat for this property shall be recorded. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.2 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 11-3A- 18. 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. 1.1.3 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. Seyam Subdivision Exhibit B Page 2 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 1.1.4 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. 1.1.5 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 MCC 12-4-13, 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. 1.1.6 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the applicant of responsibility for compliance. 1.1.7 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 adjacent to the property. 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 adjacent to the property. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 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. 2.4 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). 2.5 The application does not appear to have proposed a pressurized irrigation system. Per UDC 11- 3A-15 all development requires pressurized underground irrigation water. This development shall be required to provide pressurized irrigation water to all lots. Surface water is required to be the main source if deemed available by the Public Works Department. 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 "fmal 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. 2.7 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 Seyam Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 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. 2.8 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. 2.9 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. 2.10 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 maybe used for non- domestic purposes such as landscape irrigation. 2.11 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. 2.12 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. 2.13 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 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.15 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. 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 maybe 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. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building Seyam Subdivision Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 pads receiving engineered backfill, where footing would sit atop fill material. 2.21 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. 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 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. 3.3 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. An approved (temporary) emergency vehicle turnaround shall be provided at the eastern terminus of the proposed Lanark Street. 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. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.7 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 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. Seyam Subdivision Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 3.9 The Fire Department 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 at 898- 5500 to address this concern prior to the public hearing. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 There shall be a fire hydrant within 100' of all Fire Department connections. 3.12 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. Police Department 4.1 'The police department was not present at the comments meeting. 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. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 6. Sanitary Service Company 6.1 The Sanitary Service Company has no comment on this application. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 If Lanark Street is accepted by ACRD and dedicated as public, construct Lanark Street with a 7- foot attached concrete sidewalk for the site's entire frontage. Coordinate the dedication of Lanark Street with the Right-of--Way and Development Services Manager, Gary Insehnan (208)387-6170 (see attached interim policy). Lanark Street will need to be specifically approved or denied prior to final plat; OR be platted as a private street. 7.1.2 If Lanark Street is accepted by ACHD and dedicated as public, construct a temporary turnaround at the terminus of the existing private stub. 7.1.3 Dedicate either 50-feet or 60-feet ofright-of--way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. A 50-foot dedication will require the applicant to provide ACHD with a 10-foot sidewalk easement. 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 ACHD 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. 7.1.4 Construct Touchmark Street as a full commercial 41-foot street section with vertical curb, gutter, and 7-foot concrete sidewalk within 65-feet ofright-of--way. Coordinate the utilization of the existing traffic signal at Touchmark and Franklin with ACRD Staff. 7.1.5 Construct any commercial driveways accessing the site to be no greater than 36-feet wide, paved the entire width, and at least 30-feet into the site. Any Industrial driveways may be no greater than 40-feet in width, should be paved their entire width, and at least 30-feet into the site. Access should only be allowed to Gaudians Street, Lanark Street, and the newly proposed public street Seyam Subdivision Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 aligning with Touchmark Street. These access points should be located a minimum of 50-feet from the nearest public intersection (measured near edge to near edge). No access will be allowed to Franklin Road, and a notation of all access restrictions should be made on the final plat. 7.1.6 The applicant may either: Construct a 5-foot concrete sidewalk no closer than 53-feet from the centerline of Franklin Road (in its ultimate location) for the frontage that is currently not improved to the east of the intersection with Touchmark Street (approximately the easternmost 870-feet of frontage on Franklin Road). These sidewalk improvements should tie in to the existing sidewalk, and immediately meander out to the ultimate location noted above. OR: The applicant may provide ACRD with a road trust for the sidewalk improvements on Franklin Road; to be completed with the FYWP project ($20/lineal foot X approximately 870 feet= approximately $17,400+/-). 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. Seyam Subdivision Exhibit B Page 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 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 ACRD right-of--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 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. Seyam Subdivision Exhibit B Page 8 CITY OF MERIDIAN PLA • G DEPARTMENT STAFF REPORT FOR THE G DATE OF JANUARY 9 2 007 Exhibit C. Required Findings from UDC Preliminary Plat Findings (iJDC 11-6B-6): In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council fmds that the proposed subdivision 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. The availability of public services to accommodate the proposed development; Based on the joint agency/department meeting and other comments received from agencies/departments, City Council fmds that public services can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding 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. City Council fmds 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. C. The continuity of the proposed development with the 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. The 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 other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not awaze of any health, safety or general welfaze 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 unawaze. F. The development preserves significant natural, scenic or historic features. City Council is not awaze of any natural, scenic or historic features which require preservation on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether there aze any natural, scenic or historic features on this site of which Staff is unawaze. Seyam Subdivision Exhibit C Page I February 2, 2007 AZ 06-031 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT James L. Jewett ffEM NO. 5-Ca REQUEST Findings for Approval -Request for Annexation 8~ Zoning of 290.87 acres RUT to R-8, R-4, TN-R, TN-C, R-2 8~ L-O zones for South Ridge Subdivision -south side of Overland Road between Linder Road 8~ Ten Miie Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see alfached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~c./ 8 CITY PARKS DEPT: G~~~ 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: [ M- ~~LI ~ tt l1 Iles . Date: ~" ~ 0 Phone: Staff Initials: ~'/e Materials presented at public meetlnps shall become properly of the CHy of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • `'~,,,~± ~~'-r ~~,~~ ti~ 4$ ~ ~~.,~. In the Matter of Annexation and Zoning of 290.87 acres from RUT (Ada County) to R-8 (Medium Density Residential)(115.65 acres), R-4 (Medium Low-Density Residential)(50.17 acres), R-2 (Low Density Residential)(35.21 acres), TN-R (Traditional Neighborhood Residential)(65.60 acres), L-O (Limited Office)(3.48 acres) and TN-C (Traditional Neighborhood Center)(20.71 acres), AND Preliminary Plat approval of 2391ots consisting of 189 residential lots,ll commerciaUother lots, 8 Mega lots (to be developed in the future), and 3lcommon/open space lots in the proposed R-8, R-4, R-2, L-O, TN-R and TN-C zones, for South Ridge Subdivision, by James L. Jewett. Case No(s): AZ-06-031 and PP-06-031 For the City Council Hearing Dates of: January 16 and 23, 2007 (fmdings on the February 6, 2007 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -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 January 16, 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 December 7, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval for the preliminary plat are as shown in Exhibit B of the attached Staff Report for the hearing date of January 16, 2007 incorporated by reference; 3. The required development agreement provisions are as shown in Exhibit B of the attached Staff Report for the hearing date of January 16, 2007 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 2 of 4 • and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 January 16, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED !l~~k~f" VOTED_ `~~~G~ VOTED_ ' J~-Gw VOTED-~ VOTED "^ \L,z,•, ~ ; , ~ , ATTEST: -~~,, ~ ~® + - ~~~~ _ WILLIAM G. BERG, JR., LI~RK ~ ~' % ~ ~ ~ \a / ,,~r''''1'1/1P14tlB9i Ii HIM!\`'``~,~,a V Copy served upon. Applicant ~~ Planning Department ~ Public Works Department City Attorney By: ity Clerk's Office Dated: a -I ~ -D1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 4 of 4 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE IG DATE OF JANUARY 16, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 1/16/07 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 South Ridge Subdivision "` AZ-06-031 Annexation and Zoning of 290.87 acres from RUT (Ada County) to R-8 (Medium Density Residential)("~ 115.65 acres), R-4 (Medium Low- Density Residential)(§~9.2 50.17 acres), R-2 (Low Density Residential)(26$2 35.21 acres), TN-R (Traditional Neighborhood Residential)(34-~ 65.60 acres), L-O (Limited Office)(3.48 acresZand TN-C (Traditional Neighborhood Center)(~4:F-~ 20.71 acres). NOTE: As reauired by the Planning and Zoning Commission. the applicant has submitted a revised master site elan (dated December 7.2006) and oning legal descriptions and calculations of how manv acres of each zone is proposed This revised information has been used to notice the public for the City Council hearing on this project and is included as underline information in the staff report below PP-06-031 Preliminary Plat approval of ~3 2391ots consisting of ~ 189 residential lots, 11 commerciaUother lots, 8 Mesa lots (to be developed in the future), and ~ 3lcommon/open space lots in the proposed R-8, R-4, R-2, L-O, TN-R and TN-C zones. NOTE: As reauired by the Planning and Zoning Commission, the applicant has submitted a Yevised preliminary plat consisting of the 239 lots listed above. This revised plat is dated December 7 2006 and is included in the staff report analysis below ~~ ~~~ ~.'''• ~ ~~ cp°~^~~ ~~11~ ~'~ ~ ~ ~~ ~ . ~; >fl~ ~ '4~ ~ '`-, *~ - i r . r 1. SiT1VINIARY DESCRIPTION OF APPLICANT'S REQUEST On July 20`h the Planning & Zoning Commission voted to continue this project to October 19`x'. On October l9`~ the Planning & Zoning Commission voted to continue this project until December 7u'. Also at the October I9~' meeting, the Planning & Zoning Commission directed the applicant to hold another neighborhood meeting, receive comments from ACHD and give City Staff new calculations and configurations for this project At the October 19~' hearing, it was anticipated that ACHD's Commission would hear and act on this project on November ISL. However, on December 6~, ACHD's Commission voted to defer action on the revised Southridge project, pending city action and public involvement regarding the proposed realignment of Overland Road through the Southridge project City Staff has included the original conditions from the ACHD Commission in Exhibit B below (ACHD's conditions do not include the proposed Overland Road realignment). The applicant did provide Staff with a new concept plan, preliminary plat, narrative, legal descriptions, and calculations, as directed by the Commission. Staff has updated the report below, based on the revised proposal (see underlines herein). The applicant, James L. Jewett, has applied for Annexation and Zoning of 290.87 acres to R-8, R- 4, R-2, TN-C, LL=O and TN-R, and Preliminary Plat approval of 189 residential lots, 11 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 1 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HG DATE OF JANUARY 16, 2007 commerciaUother building lots, and 31 common lots. Of the 239 total lots, 8 are "mega" lots that are going to be re-platted. Of the 11 commerciaUother building lots, 9 aze for retail, office or other commercial uses, 1 is designated for an elementary school, and 1 is designated for a public library. One of the common lots is proposed for a city nark (previously shown as a mega lot) A portion of one of the mega lots is proposed to contain a future fire station (near Ten Mile Road). As part of the submittal, the applicant has provided a master concept plan for the entire 290 acres, including how the mega lots will be developed in the future. nth this plat, and consistent with the draft Ten Mile Area Plan the applicant is proposing to relocate overland Road to intersect Ten Mile Road approximately 2,100 feet south of its current intersection. The applicant is also proposing to construct streets from Overland Road and Linder Road through the site. Staff has analyzed the revised master concept plan, the revised legal descriptions, and the revised preliminary plat and provided detailed analysis below. The subject site is located on the south side of Overland Road, extending the entire mile between Ten Mile Road and Linder Road. There are five existing homes and several associated out buildings on this site. A large portion of this site is currently being used for agricultural purposes. The subject property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on both of the subject applications. Below, staff has provided detailed analysis for the requested applications. Staff is recommending approval of AZ-06-031 and PP-06-031, with the changes listed in this report The Meridian Planning and a. Summary of December 7~ Commission Public Hearing: i. In favor: Jim Jewett Phil Hull Dan Thomason, Jason Densmer Joe Attalla ii. In opposition: Ken Fawcett Susan Stone Lorna Hewett Keith Eberling Tresa Ball, Robert Carlson, Steve Przybos, Mel Schumaker Lyle Larkin Susan Carlson. Pat Macon. Cristine Apostalou Gary Liddell Curtis Elton Patty Zuniga Nancy Darr, Sherry Fawcett, Donald Smith NOTE• The following names were on the public hearing si n~-up sheet, but provided no verbal testimony Terry and Ruth Walker, Duane and Julie Walker, W.O. Weiss Phyllis Weis Emma Leonard, Bonnie Breiner, David Beneducci Sharon Schumaker Janaliece Larkin, Phil and Nellie Gardner, Daphne Amend, Julie Gould Dianne Eberling, M.L. Macon, Joe Zuniga, Clerance Leonazd and Mike and Mary Kleffner iii. Commentinng• Wayne Amend (signed up as neutral to the project) iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None vi. Written testimony: Majestic View HOA (signed by Larkin, Hewitt Bastien, Brammer, Stearn, Clovis, Packard. McClure and a cou lp a ille •bgi le signatures) Aspen Cove and Other HOA (signed by Cazlson, Eberlin~ Kendall Gardner Weiss Liddell Cazlson, Bennet Smith, McKinney Marsland Lionazd Bagley Darr Lubovich Hickey Equal Ross Dleffner (sue) Hostand Bower and a couple of illegible si tares), Miles Hewitt, Jackie Guenechea Steven Przybos Cheri Shanahan, Christine Apostolou, Mel and Sharon Schumaker Scott and Jennifer Nichols, Susan Stone. Richazd and Susan Bagley South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 2 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE IG DATE OF JANUARY 16, 2007 b. Kev Issues of Discussion by Commission: i. Density and transition to the existing lots to the south; ii. Inter-connectivity and stub street(s) to Val Vista Subdivision to the south; iii. What happens to the existing Overland Road/Ten Mile Road if Overland Road is realigned to the south?; iv. Fencing along the Ridenbau Canal; v. Ten Mile Interchan a design and timing• and vi. Restricting hei~,ht of homes to sin e story and increasing rear setback on south side of project. c. Kev Commission Changes to Staff Recommendation: i. Limit height of homes on the southern border that is shared with Val Vista Subdivision and Aspen Cove Subdivision to a sin a story and to consider a larger than 15 foot setback; ii. Reauire some L-O zoning along Overland Road• iii. Require City Park site to be done with first phase• iv. Reauire at least one future stub street to one of the lots within Val Vista Subdivision, when Mega Lot 2 develops. d. Outstanding Issue(s) for City Council: i. The Commission recommended a larger than 15 foot setback for the future homes on the south side of this development. Staff would like the Council to define what a minimum rear (south) setback is appropriate for the south side of this project. This south setback should be incorporated into the DA for this project (see Commission-recommended DA provision #24 in Exhibit B~ ii. As part of the revised master elan for this entire 290 acres the a licant anticipates 1,252 total residential units on this prp operty (737 sin le family and 515 multi-family units). Staff is requesting that the Council add a development agreement provision that limits the maximum allowable density and requires a minimum overall density for this property (add a DA provision to Exhibit B) iii. During the Planning & Zoning Commission hearing the applicant showed several housing types for this development. Staff has scanned and included the elevations and pictures presented by the applicant in Exhibit A Single-family homes for this~roject should be consistent with the applicant-submitted elevations. i. In favor: Jim Jewett. Steve Prvzbos. Scott Nichols. ii. In opposition: Susan Stone Wayne Amend Mel Schumaker Curtis Elto iii. Commenting• Sherry Fawcett Lvle Bremer Larry Van Hees Suzanne Gruhau~h Christine Apostolou. James Prather. Gary Inselman NOTE: The following names were on the public hearing sign-up sheet as neutral but provided no verbal t stimonv: Bonnie Bremer. Ken Fawcett Lucv Leavell Daphne Amend and arv E. Van Der Berg (Naomi Elton signed up against). iv. Written testimony: Doug Strong: see summary of Commission public hearing above. v. Staff presenting application:_Anna C nni g vi. Other staff commenting on application• Lt John Overton_ Ron Anderson L Grady. Doug Strong, Bill Narv. lt, Kev Issues of Discuc ion by o roc'l: South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 i. Overland Road alignment and the overall transportation system: ii. Density and development of Meea Lots and phasing plan• iii. Providing nark & ridee and bus stops; iv. Tiline the drain ditch north of the proposed school site: v. Fencing along the south boundary; vi. Setbacks and building hei¢hts alone the sou_ th boundary and vii. Park site beine public versus private. .~, Kev Counc'1 hap ec to commission R .c~mmanriafinn• i. Reauired proposed public nark to_be private: ii. Reauired the applicant to the the drainage lateral on the north side of the proposed elementary school site: iii. Restricted the heieht of the homes adiacent to Val Vista and Aspen Cove to 22 feet and required a minimum 50 foot setback: iv. eauired a 6-foot tall solid masonry fence adiacent to Val Vista and Aspen Cove (south boundary): v. eauired a bus stop and park & ride site• vi. Required the applicant to submit and obtain City Council approval for development aereement modification that proposes specific and detailed architectural euidelines for this development that address (at a minimum) variety in structures within a block. buildinss mass buildins? materials rooflines colors and architectural stvles• vii. Required a stub street to the westernmost lot in Val Vista Subdivision and a stub o the west to either. Parcel #S1223233 OS or #51223234100 o the west whe eea lot 2 develops: viii. eauired the applicant to work with ACRD on the location of the proposed Overland Road realignment at Ten Mile Road: ix. eauired the applicant to construct a minim of 1 000 residential dwelline units on the property and a maximum of 1 252 residential dwelline un1ts on the property. unless otherwise specifically approved by the City Council throu h subsequent applications: and. x. Required the applicant shall comply with all adopted state and federal a_ir and__ dust particulate emission standards 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06-031 and PP-06-031 as presented in the Staff Report for the hearing date of January 16, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 031 and PP-06-031 as presented during the hearing on January 16, 2007, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-031 and PP-06-031 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 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 a. Site Address/Location: b. Owner: James L. Jewett et. al. 1560 Carol Street Meridian, ID 83642 c. Applicant: James L. Jewett 1560 Carol Street Meridian, ID 83642 South side of Overland Road, between Linder Road and Ten Mile Road; Township 3 North, Range 1 West, Section 23 d. Representatives: Phil Hull and Van Elg, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Comprehensive Plan Designation: Mixed Use -Community with a Neighborhood Center designation and Medium Density Residential NOTE: This is the current Comprehensdve Plan Map Designation for this properly. Staff is preparing an application to amend the Map around the Ten Mile Interchange. This proposed Comprehensive Plan Map Amendment significantly effects the designations for this property as noted above (see Section 8 below for more information). g. Description of Applicant's Request: The applicant is requesting annexation and zoning approval for 290.87 acres of property currently zoned RUT in Ada County. The applicant is requesting five different zoning designations for the property: R-2, R-4, R-8, TN-C, LSO and TN-R. The applicant has concurrently requested detailed preliminary plat approval of 189 residential lots, 11 commerciaUother building lots, and 31 common lots. Of the 239 total lots, 8 are "mega" lots that are going to be re-platted. As part of the amended master elan for this site, the applicant anticipates 1.252 total residential units on this property (737single-family and SI Smulti-family units). Of the 11 commerciaUother building lots, 9 are for retail, office or other commercial uses, 1 is designated for an elementary school, and 1 is designated for a public library. One of the common lots is proposed for a city park (previously shown as a me a lot . A portion of one of the mega lots is proposed to contain a future fire station (near Ten Mile Road). As part of the submittal, the applicant has provided a master concept plan for the entire 290 acres, including how the mega lots will be developed in the future. nth this plat, and consistent with the draft Ten Mile Area Plan. the applicant is proposing to relocate Overland Road to intersect Ten Mile Road approximately 2.100 feet south of its current intersection. The average residential lot size in the proposed development (not including the mega lots) is 6,614 square feet. The gross density of South Ridge Subdivision (not including the mega lots) is 3.22 dwelling units per acre. Approximately 13% (38 acres total; 8 9 acres in the first phase) is being set aside for open space. 1. Date of revised master concept plan (attached in Exhibit A): 12/7/06 2. Date of revised preliminary plat (attached in Exhibit A): 12/7/06 3. Date of landscape plan (attached in Exhibit A): 3/15/06 & 12/14/06 h. Applicant's Statement/Justification: The requested zoning districts will accommodate future multi-family residential areas (envisioned with the future phases, as shown on the concept master plan). These areas are designed into the transportation flows and blend beautifully with South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 5 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 adjacent office-retail and higher density residential areas. In keeping with the vision of a true neighborhood... that provides the mix of residential lot sizes, the variety of residential product type, the meandering and friendly street system, alley loaded lots, inviting product design, commercial-office amenities, and etc.... the development will incorporate a convenient pathway and open space system that will provide for future connections from other owners, as well as an integrated system for the residents to enjoy (see applicant's submittal letter.) 5. PROCESS FACT5 a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. 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. Newspaper notifications published on: July 3 and 17, 2006 (for Planning & Zoning Commission hearing) and December 21, 2006 and January 8, 2007 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: June 23, 2006 (for Planning & Zoning Commission hearing) and December 21, 2006 (for City Council hearing) e. Applicant posted notice on site by: July 10, 2006 (for Planning & Zoning Commission hearing) and January 6, 2007 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are existing homes and some out buildings on this site. A majority of the subject property is currently being used for agricultural purposes. b. Description of Character of Surrounding Area: There are one and five-acre lots in Val Vista, Ariel Estates and Aspen Cove subdivisions to the south. The recently approved Bear Creek West Subdivision is east of this site (across Linder Road). If approved, this property would be the furthest west the City limits would extend, south of Interstate 84. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential and agriculture on large parcels, zoned RUT (Ada County) 2. East: Recently approved Bear Creek West Subdivision, zoned R-8 3. South: Single-family homes in Val Vista, Ariel Estates and Aspen Cove Subdivisions, zoned Rl and RUT in Ada County. 4. West: Single-family homes, zoned Rl (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property will sewer to the Black Cat Trunk which is planned to be adjacent to this property in Overland Road by the end of 2006 or South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 6 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE IG DATE OF JANUARY 16, 2007 early 2007. Location of water: There is currently a main in the intersection of Overland and Linder. Issues or concerns: Sewer main size and routing. The timing of available sewer. The need for a well lot to service the new pressure zone being created. 2. Vegetation: There are some existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Except for the Ridenbaugh Canal, and the irrigation drain that the applicant is proposing to improve as an amenity, any open canals or ditches that cross the subject site should be piped (see Exhibit B). 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: O TN-R, and TN-C. Existing RUT (Ada County) to R-8, R-4, R-2, L- 7. Size of Property: 290.87 acres f. Subdivision Plat Information: 1. Residential Lots: l89 in first phase; not including 8 "mega" lots to be re platted Z. Non-residential Lots: 11 (9 commercial lots, 1 school lot, 1 public library lot) 3. Total Building Lots: 189 single-family. 8 commercial, l school lot, l public library lot,1 city nark lot, with the first phase (total number to be determined with future plats) 4. Common Lots: 31 5. Other Lots: 0 6. Total Lots: 239 7. Gross Density: 3.2 units per acre (net 6.58 d.u./acre -residential area only} g. Landscaping: 1. Width of street buffer(s): Portions of Overland Road and all of Ten Mile Road abutting this site are designated as entryway corridors. A 35-foot wide street buffer is required along a majority of Overland Road and all of Ten Mile Road in this area. (UDC 11-2B-3 & UDC 11-2D-2). A 25-foot wide street buffer is required along Linder Road and the remaining portion of Overland Road, nearer Linder Road (UDC 11-2B-3). An 8-foot wide landscape parkway with street trees is required along the streets within the TN-R zone (UDC Table 11-2D-2). Street buffers are not required adjacent to the other internal residential streets. 2. Width of buffer(s) between land uses: N/A Percentage of site as open space: For this phase of the development, approximately 13% of the site is being set aside for open space; 8 8 acres (including street buffers) is being set aside for open space. Approximately 38 acres of the entire site is being set aside for open spaces UDC 11-3G-3A1 requires common open space and site amenities for developments of five acres or more. UDC 11-3G-3A2 requires one additional site amenity for each additiona120 acres of development area. The South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 7 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 UDC requires 14 amenities for this development overall. Please see Section 10 below for more information regarding open space and amenities. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (iJDC 11-3G-3E2). h. Amenities: Club house (future), tot lot (future), pool (future), open space/parks, drain, 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 20' parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Summary of Proposed Streets and/or Access: On the submitted revised master concept plan, there are several public streets and driveways proposed to the adjacent arterial streets. There are two public street intersections proposed with Linder Road. There are four public street intersections and one driveway proposed with Overland Road. There is one public street, the re-aligned Overland Road, and no driveways, proposed to intersect Ten Mile Road. The applicant is proposing to construct Overland Road, from Linder Road to Ten Mile Road, Southern Way, Southridge Drive and American Frontier Drive, with the first final plat phase. There are five blocks within the detailed phase of the development that use alleys. The alleys are proposed 20-feet wide within common lots. ACHD is requiring that the alley in Block 3 connect with Craftsman Way and not Southridge Drive Staff is generally supportive of the proposed street system. However, staff has some concerns with the detached sidewalks and the associated easements adjacent to the streets in the TN-R portion of this project (see Section 10 below). 7. COMMENTS MEETING On June 30, 2006, and again on December 15, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community" and "Medium Density Residential" on the current Comprehensive Plan Future Land Use Map. However, Staff is preparing to submit a Comprehensive Plan Amendment for the Ten Mile Area. This application for a Map amendment has an impact on the land use designations for this property. The Map amendment will propose, for this property, a mix of• mixed use commercial near the Linder Road/Overland Road intersection; medium high density along the south side of Overland Road, and medium and low density further south; civic for the areas shown as the elementary school site (near Linder) and fire station (near Ten Mile) on the applicant's plans; open space/parks along the Ridenbaugh and the natural gas pipeline; and, mixed use employment area on the north side of Overland Road On the Map currently, the mixed use area is shown in the middle of the section, between Linder Road and Ten Mile Road, and the medium density is shown on either side. The proposed development and zoning reflect more of the mixed uses at the Linder Road/Overland Road intersection, and along the Overland Road frontage. Staff is generally supportive of the proposed, revised zoning designations as they are generally consistent with both the current Map and the Map amendment that will be proposed South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 8 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 In Chapter VII of the Comprehensive Plan, the mixed use designation is defined-in pant-as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non- residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes 189 buildable single-family lots for a gross density of 3.22 dwelling units/acre. Although the overall density is at 3.22 dwelling units per acre, there is a large area of the plat that is being set aside for commercial uses, a school, a city park, a fire station, and a library. The net density for the residential area only of this project is 6.58 dwelling units per acre and the average lot size is 6,614 square feet. The proposed density/zoning, generally complies with both the Comprehensive Plan and the requested zoning districts. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, 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 Off ce. 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/United Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 -Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via extension of the Black Cat Trunk The City of Meridian has recently South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 9 CTI'1' OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 awarded the bid to a sewer project that will bring the Black Cat Trunk adjacent to this project by early 2007. City of Meridian municipal water is currently available to this site. Solid waste and other services can be provided to this property. 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 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to provide one stub street to the south, to a S-acre parcel in Val Yista Subdivision. Stub streets, and half street sections, are proposed to all of the adjacent out parcels except the one at the intersection of Ten Mile Road and Overland Road, and the out parcel on Linder Road. Staff is supportive of the proposed connection points between the subject property and adjacent properties, with one change; cross access should be provided to the one acre out parcel located at 1807 Linder Road. The revised preliminary plat and master site plan show access being provided to this out parcel via the public street proposed to intersect Linder Road Staff is supportive of this changes See Analysis below. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis 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. The applicant is proposing to construct five foot wide sidewalks adjacent to the internal streets. The applicant is also proposing to construct micro paths to/from the proposed school lot and the library lot and within certain common lots throughout the development. The applicant is also proposing to construct amulti-use pathway generally along the Ridenbaugh Canal, from Linder Road to Ten Mile Road. Staff believes that with the construction of the sidewalks, micro paths and the multi-use pathway, a functional pathway system will be provided to this area. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. 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. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. On the submitted master concept plan, there are several public streets and driveways proposed to the adjacent arterial streets. There are two public street intersections proposed with Linder Road. There are four public street intersections and one driveway proposed with Overland Road South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 10 CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HF~G DATE OF JANUARY 16, 2007 (not including the driveways for the proposed fire station). There is one public street, and no driveways, proposed to intersect Ten Mile Road. Staff is supportive of the proposed access points to the adjacent roadways. Chapter VII, Goal 1, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 35-acres of the subject site are proposed for traditional neighborhood center zoning at the corner of Overland and Linder. Except for the public library, the subject application does not propose any other specific uses within the TN-C area. Sta, ff believes that the future commercial and retail sites in this plat will add to the variety ofnon-residential uses within the City's Area of Impact. Staff is generally supportive of some commercial uses in this area, as proposed. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing to plat some of the largest lots within the subdivision along the southern boundary of the property, where there are existing county subdivisions. The UDC does not require any buffering between single family uses. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. The applicant has proposed some additional R 2 zoning adjacent to the lots in Val Vsta Estates, and R-4 lots just to the north. These areas were proposed as R-8 on the original concept map and play Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to, and surrounded by, this property. Staff believes that the locations of the proposed zones and the lot layout are generally appropriate as the larger lots will primarily be on the south side of the development, and the higher density will be nearer Overland Road, a major arterial street. If the preliminary plat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: "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, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below for additional information). 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. South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-2, R-4 and R-8 zoning districts. Meridian City Code (Table 11-2D-1) lists multi-family developments, retail stores, public/quasi-public uses and personal or professional services (offices) as permitted uses in the TN-C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN-C zone. UDC Table 11-2D-1 lists multi-family developments, attached and detached single-family dwellings as permitted uses in the TN-R zone, while several other uses are allowed either outright, as conditional uses, or as accessory uses in the TN-R zone. b. Purpose Statement of Zones: R-2, R-4 and R-8: 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. TN-C: The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within none- to two-mile radius. A TN-C is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. TN-R: The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. General Standards: All of the proposed lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L_O• TN-C and TN-R 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: South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 12 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 Annexation and Zoning Application: Based on the Comprehensive Plan and the Future Land Use Map, staff believes that the requested zones, as amended, are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the annexation and zoning of this property. Legal Descriptions: The annexation legal description submitted with the application (stamped on May 10, 2006, by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. New legal descriptions showing each of the zones recommended Staff and the Commission have been submitted to the Planning Department, have been approved by the Public Works Department, and are included in Exhibit B. Special Considerations: Master Concept Plan: The applicant has submitted a master concept plan for how the 290 acres will by-and-large be developed. Staff is generally supportive of the layout of the concept plan. Staff realizes that some flexibility is needed when developing a property of almost 300 acres. However, Staff believes that some of the concepts shown on the plan should be incorporated into the development. Concepts such as the multi-family housing units along Overland Road being located between the street and the parking for the units should come to fiuition. Other concepts such as the elementary school site and the public library site, and the accessibility of these sites from the adjacent street layout and pathway/sidewalk connections, should also be included/required as the phases develop. Staff also believes that concepts not shown on the plan, including a provision for some attached single family and/or townhouses on the TN-R and/or R-8 lots sh®uld be provided. A mix of alley loaded lots, attached single-family, and the more traditional detached lots should be provided on this site to provide the variety of residential land uses called for in both the Comprehensive Plan and the TN-R purpose statement. Staff also believes that pedestrian connections from the future multi-family units to the commercial uses are key to providing efficient pedestrian activity in this area. Staff is also supportive of the street layout and believes this property should be developed in substantial compliance with the street system shown on the Master Concept Plan. Below, staff has listed concepts that should be included in a development agreement for this property. As Hart of the revised master elan for this entire 290 acres the applicant anticipates 1,252 total residential units on this property (737 single family and 515 multi-family units). In addition to the DA provisions listed below Staff is requesting that the Council add a development agreement provision that limits the ma~mum allowable density and requires a minimum overall density for this ro e Phasing Plan: The applicant anticipates constructing the subdivision in multiple phases. The phasing plan begins at the intersection of Linder Road and Overland Road and then continues south, and east and west. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of the market controlling the phasing plan, but believes that some of the amenities proposed with the development should be constructed prior to the development build out, or before too many homes are constructed without useable amenities. Therefore, Staff recommends that with the construction of the first phase, a 10 foot wide multi-use pathway be South Ridge Subdivision AZ-06-031/PP-06-031 PA~'iE 13 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 constructed from Linder Road to the park site, along the Ridenbaugh Canat: (NOTE: The proposed CPA is also showing amulti-use pathway within the Northwest Pipeline easement This multi-use pathway should be constructed with the future phases, as this project builds out) ~'°~--staff ., .Staff further believes that the city park proposed on Mega Lot 4, be included (platted as a lot) with the first phase of this development Private Lanes: There are (at least) two private lanes that extend south from Overland Road through this property. At least one of the private lanes, Windy Ridge, provides access to an out parcel across the Southridge site. Staff recommends that the applicant relinquish any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane (and any other private lane easement that may encumber the subject property). Upon annexation of either the existing homes taking access from private lanes, staff recommends that such properties also relinquish their interest in the lane as well. Further, Staff recommends that with the first plat submitted on Mega Lot 1 at least one of the public stub streets shown on the concept plan be provided to the Hodges parcel Also, the conditions of approval require that platting of the lots in the northwest corner of the project, and along Old Thorn Lane, be subject to the vacation of the existing private lane easement(s). Access to Arterials: Except for the public streets and driveway accesses shown on the Concept Master Plan for this property, all other vehicular access to Overland Road, Ten Mile Road and Linder Road should be prohibited for this site Multi-use Pathway: On the Comprehensive Plan Future Land Use Map, amulti-use pathway is depicted on this property, alongside the Ridenbaugh Canal. The applicant is proposing to construct a portion of the multi-use pathway, from Linder Road to approximately Southpoint Way within common lots that are not adjacent to the Ridenbaugh Canal. Near Southpoint Way, the applicant is ~ropOSing to construct the multi-use ap thway on the south side of the Ridenbaugh Canal, up to the re- aligned Overland Road. Staff is generally supportive of the location of the pathway, but believes that the entire pathway, from Linder Road to the city-hark site, should be constructed with the first phase of the development (see Phasing Plan above). Also, staff believes that the pathway should terminate near the intersection of Ten Mile RoadlOverland Road/Ridenbaugh Canal, so pedestrians using the path have a safe crossing of the arterials. City Park: On the Comprehensive Plan Future Land Use Map, a potential city park site is shown on this property. The applicant is proposing to construct a City Park on this site. The applicant has been working with the Parks Department and the Parks Commission on the design of this parr Staff understands that the Parks Commission has an approved design for this site. (this design is shown on Sheet L1.04 of the landscape plan attached in Exhibit A). Amenities: A park area with a pool, clubhouse and pond is shown near the center of the development. It appears an amenity or two are shown on Lot 5, Block 3 (just west of the library lot). Staff is unclear as to what this amenity is, if any, and what other amenities the applicant is proposing at this time for the rest of the R-2, R-4 and R-8 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 14 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HG DATE OF JANUARY 16, 2007 zoned areas. The applicant is proposing to improve the drain between the school lot and the library lot, up to Overland Road, as a water amenity. Staff recommends that the applicant address the future amenities for this development and that the Commission and Council decide if the proposed amenities are sufficient for a development of this size (please see Section 10 below for more analysis). Development Agreement: See Exhibit B for City Council annroved DA provisions. UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a properly owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations for the multi-family units or commercial buildings, or a list of uses that may be built in the commercial area (TN-C zones) of this development, and to ensure that this project builds out consistent with the Comprehensive Plan and the revised Master Concept Plan submitted with the annexation application, Staff recommends that the applicant enter into a Development Agreement with the City. 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. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Southridge as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to Design Review approval; that all TN-C zoned lots contain structures that are at least two-stories tall; and that all commercial buildings in the TN-C zone be located between the a public street and the parking lot (as shown on the original master concept plan dated 4-15-06). 3. That all TN-R zoned lots and uses will comply with the recently adopted TN- R standards adopted in the UDC (see Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi-family dwelling units with the dwelling units being located primarily between Overland Road and any surface parking area for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (park) be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. ~c ~C ¢~ ~~ ~ ~-Gj i iT =c -fund T~vyv~EC~ ~c~ccv~tttC~cwc~wcd Baca nv~iuwt• s1 ~s ~l .. .. ......,7 .... TAT D / ....sl f' /l. 1 -,7 D .1 s sl ,. ,.ll ~ `...)w 1~.~ . ~,7 D i G s L:. ,.11 a_, bs~) 1 s .7 s~ ., .......... i ~ ...~ ., ~, :.~.. ~ ccecpc~vr°-icsncrccc- pvc~coc cvcuccac-o~rc-c 5. 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 (building permit submittal). All of the future lots shall comply South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 15 CITY OF MERIDIAN PLl~INING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC. 6. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (iJDC), in effect at the time of development (building permit submittal). 7. That the applicant will be responsible for all costs associated with the sewer and water service extension. 8. 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. 9. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 10. That only one public street access, and no direct lot access or driveways, to Ten Mile Road will be allowed on this site; that a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACHD approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACHD approval). 11. That public street frontage as shown on the revised master concept plan, or a cross access/ingress-egress will be provided to Parcel #S 1223110500, which is located on Linder Road. 12. That the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane. That the applicant agrees to construct at least one stub street to the outparcel surrounded by Mega Lot 1, with the first plat within said Mega lot. That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. t ~ Th~k-thci~nr~liannt ~~* t•.• + +• t~t• ~ ~ ~. rr --- ---_ ---_ -rr---..._. »~.._ .. ... ............... .......,........~ g MilE~a'.]a~~`vacriua4-D .. .7 .7 T ' .~~ D + '~ - - ~i 14. The city park lot shall be included within the first fmal plat phase of this development as shown on the revised master site plan; all "mega" lots shown on the master concept plan, west of the first phase shall be annexed and recorded as mega lots with the first final plat but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City. After such time the mega lots may be developed if the new (detailedl preliminary and then final plats of the mega lots are consistent with the adopted Ten Mile Area Specific Plan 15. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 16. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 17. That all internal landscaping shall be installed as each phase final plats, prior South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 16 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 to occupancy of any structures within each phase. 18. That the applicant agrees to plat a public library lot and an elementary school lot with the first phase of development. NOTE: Staff has not received details from Joint School District #Z, Meridian Parks, Meridian Fire, or Meridian Library District regarding any improvements that may be required regarding these sites. Staff will provided the Council an update as to any requirements that may be associated with the proposed public/quasd public uses. 19. That with the construction of the first phase (prior to any occupancy being granted), a 10-foot wide multi-use pathway shall be constructed on this site generally on the south side of the Ridenbaugh Canal, from Linder Road to the city park (temporarily terminating at the ci ark with the remainder out to Ten Mile Road to be constructed with future phases as they are brought in for replatting. The city will require additional multi-use pathways along the Ridenbaugh Canal and/or within the northwest pipeline easement, as the mega lots develop. 20. That the applicant agrees to leave open and enhance the irrigation drain located between Linder Road and Overland Road, by providing grass seeding and two pedestrian bridge crossings. Said bridge crossings shall be constructed between the school site and the library site, and between the future multi-family units and the commercial uses on Overland Road. 21. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool area, and tot lot on Mega Lot 4; and any other amenities required by the Commission and/or Council at the public hearings. 22. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 23. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted Master Concept Plan, prepared by The Land Group, Inc., labeled sheet M1.0, dated 4-15-06, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the re- subdivision of each mega lot). Provide a stub street to at least one of the 5- acre lots in Val Vista Subdivision when mega lot 2 develops. 24. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story. The applicant has also a reg ed to provide a greater than 15-foot rear setback for the lots along the southern boundary. 2. Preliminary Plat Application: Staff believes that the proposed preliminary plat substantially complies with the Zoning Ordinance. The comments below are primarily geared towards the portions of the preliminary plat that will be developed, not the "mega" lots or the future, conceptual lots on the mega lots. Special Considerations: TN-R Standards: The City recently adopted standards for the TN-R district. Some of the standards include: a requirement for all local streets to have 8-foot wide landscape South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 17 CTI'I' OF MERIDIAN PL}CNNING DEPARTMENT STAFF REPORT FOR THE 1 • G DATE OF JANUARY 16, 2007 planters (parkway) with Class II trees and detached sidewalks. The submitted landscape plan shows the required detached sidewalk and 8-foot wide parkway. However, the submitted preliminary plat does not reflect an easement for the sidewalk, as the walk will be outside of the proposed 50-foot right-of--way for the street. Staff has concerns with this easement not being shown on the plat, as building setbacks are measured from the back of sidewalk and the buildable area for most of the lots in the TN-R zone are around 4,000 square feet. Staff recommends that the preliminary plat be revised to show how much of an impact the detached sidewalk will have on the proposed TN-R lots, by depicting the sidewalk easement on the plat. NOTE: This is still not shown on the revised nreliminary nla~ The TN-R standards in the UDC also require that all dwelling units have a minimum of two lights at the front of the unit; all dwelling units on alleys shall have a minimum of two lights along the alley. All TN-R standards should be complied with. Alleys: The applicant is proposing alleys within five blocks of the development. All of the alleys have a 20-foot wide paved area and are proposed to be owned and maintained by the adjacent homeowners. Staff is generally supportive of the proposed alley configurations, with one exception. The UDC, section 11-6C-3B5, requires all alleys to be designed so that the entire length is visible from a public street. All alleys should contain at least 16 feet of pavement within the 20-foot right-of--way and be constructed with 28-foot inside and 48-foot outside turn radii where the alleys intersect the public streets and where an alley curves; all alleys shall serve as fire lanes. Further, no parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley. Access: As noted in the Annexation and Zoning section above, access to this site should be limited to the driveways and streets proposed on the preliminary plat (as allowed by ACHD). A note should be placed on the face of the final plats stating this restriction. Amenities/Open Space: UDC 11-3G-3A1 requires common open space and site amenities for developments of five acres or more. UDC 11-3G-3A2 requires one additional site amenity for each additional 20 acres of development area. The UDC requires 14 amenities for this development overall. Staff is unaware of how many acres are within the detailed area of the plat, but the number of amenities proposed appears to be substandard. The applicant is proposing to set aside approximately 8.9 acres/13% of the site for common open space. Amicro-path in Lot 50, Block 3, "greening up" the drain between the school lot and the library lot, and constructing a portion of the multi-use pathway adjacent to the Ridenbaugh Canal, and the dedication of a city park, make up a majority of the useable open space/amenities for this phase of the development. A large portion of the open space provided within this development is along the Ridenbaugh Canal or adjacent to the streets-in planter azeas, buffers, and islands in roundabouts or cul-de-sacs. The applicant is proposing, what appears to be some type of amenity in common Lot 5, Block 3 (across from the school and library lots). Staff recommends that the applicant clarify, at the public hearing, what type of amenity(ies), if any, are proposed near the parking lot in Lot 5. Staff further recommends that the Commission and Council determine if the open space and amenities proposed for this development comply with UDC 11-3G-3A2. South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 18 CITY OF MERIDIAN PL~TNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 Ditches, Laterals, and Canals: The Ridenbaugh Canal runs along the site's southern boundary, near Linder Road, and then cuts through the property east-west. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) There is an irrigation drain that also bisects the property in the northeast corner. The applicant is proposing to leave this irrigation drain open through the site and improve it as an amenity. There are other irrigation/drainage laterals that bisect this parcel. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (Ridenbaugh) and drains being uses as a water amenity (between the school site and the library site, up to Overland Road), intersecting, crossing or lying within the area being developed should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal and the drain near the school and library sites, all irrigation ditches, laterals and canals be tiled on this site. Micro-paths/Pedestrian Connections: The applicant is proposing to construct one micro-path on Lot 52, Block 3, and one pedestrian walkway between the library lot and the school lot, within this development. As submitted, there are few pedestrian access points to the future multi-use pathway nlnning along the Ridenbaugh Canal. Staff believes access to the future regional pathway system is critical to its success. Therefore, Staff recommends that an additional micro-path be provided across Southpoint Way, near Southridge Drive, that connects with the future multi-use pathway along the Ridenbaugh. Staff further recommends that additional micro-path connections to the multi-use pathway be constructed when the mega lots develop in the future. The purpose statement of the TN-C zone states that it "is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District." To comply with the pedestrian-oriented statement listed above, staff recommends that amicro-path be constructed between Block 3, and the future multi-family units in the mega Lot S. The proposed micro-path on Lot 52, Block 3, and all other micro-paths in the development, should be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths (not the pedestrian walkway between the school and the library) should comply with UDC 11- 3B (Lot 52, between Lots 53 and 54, Block 3, does not have enough landscaping on the sides of the pathway and will need to be amended). The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the north side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 8-feet wide; the Comprehensive Plan and the UDC require a 10-foot wide pathway. The UDC requires a 5-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the pathway; no landscaping is proposed. For safety purposes, staff recommends that the applicant be required to maintain a 5-foot wide landscape buffer along the 10-foot wide multi-use pathway. Landscaping: This parcel has approximately 5,000 lineal feet of frontage on the adjacent arterial streets. Because this is a phased development, with build-out to occur over several years, the applicant has requested to delay the construction of some of the landscape street buffers along Overland Road, Linder Road and Ten Mile Road, until the adjacent mega lot develops (see Applicant's submittal letter). The applicant has submitted a visual plan for when the perimeter landscaping is to be constructed. Staff South Ridge Subdivision AZ-06-031/PP-06-031 PACE 19 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE H• G DATE OF JANUARY 16, 2007 is in agreement with this plan labeled Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and staff is recommending that as part of the Development Agreement, this plan be adopted. However, because the mega lots are being platted with the first phase, staff recommends that all of the landscape buffers adjacent to the arterial streets be platted with the first final plat. UDC 11-3B-7C2 requires all residential street buffers to be on a common lot and all commercial and other nonresidential street buffers to be on a common lot or a permanent easement, maintained by the property owner or the business owners association. • Along Ten Mile Road, a 35-foot wide landscape buffer lot should be platted. • Along Overland Road, from Ten Mile Road to just over the Ridenbaugh Canal, a 35-foot wide landscape buffer should be platted (because the landscape buffer is adjacent to residential zones, it should be within a lot, not an easement.) • Along Linder Road, a 25-foot wide landscape buffer should be platted (adjacent to the TN-C lots said buffer may be within a landscape easement, adjacent to the TN-R, R-8 and R-4 lots, the landscape buffer should be in a lot(s)). The submitted preliminary plat should be revised accordingly. The future landscape plans, submitted when the mega lots redevelop, will be evaluated at that time for compliance with UDC 11-3B-7, Landscape Buffers along Streets. The landscape plan prepared by The Land Group, Inc., on 3-15-06 & 12-14-06, labeled Sheets L1.00, L1.01, L1.02, L1.03, and L1.04 is approved with the following modifications/notes: • Provide a 25-foot wide landscape buffer along Overland Road and Linder Road, as proposed. Provide an 8-foot wide landscape planter (parkway) along both sides of the streets within the TN-R zone, and install Class II trees within the parkway (between the back of curb and the face of the 4-foot wide sidewalk). The landscape buffers along the streets shall be placed in common lots (adjacent to TN-R and R-8 zones) or in permanent easements (adjacent to TN-C lots). All street buffers shall be designed in accordance with UDC 11- 3B-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths. • Provide amenities and open space as follows; 8_9 acres (13%) of common open space, amicro-path on Lot 52, Block 3; °~a ^`, ~'~~'~'; a micro-path between the future multi-family units on Mega Lot S and the non-residential uses in Block 3; and amicro-path between the school lot and the library lot, construct a 10-foot wide multi-use pathway ~~along the Ridenbaugh Canal, from the eastern property line to the ci ark, and any other amenities as required by the Commission or Council. • 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. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 20 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 Fencing: The applicant is proposing to construct asix-foot vinyl fence along Linder Road; no other perimeter fencing is proposed. A 6-foot tall black chain-link fence is proposed adjacent to the multi-use pathway. Fencing is not proposed adjacent to the micro-path on Lot 50, Block 3, or adjacent to the other interior common spaces. UDC 11 3A-7A7a requires the developer to construct fencing adjacent to micro- paths to distinguish common from private areas. Staff recommends that the applicant clarify, at the public hearing, if any other perimeter or internal fencing is being proposed for this development (particularly adjacent to the R-2 lots)._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 around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Southridge Home Owners' or Business Owners' Associations. 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 use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow asingle-point connection to the culinary water system. If a single-point connection to the City of Meridian's water line 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 UDC 11-3A-15 and MCC 9-1-28. Existing Residences/Buildings: The site currently contains multiple buildings. All existing buildings/structures that span across proposed lot lines shall be removed or relocated prior to signature of the final plat by the City Engineer. b. Staff Recommendation: Staff is recommending approval of A~06-031 and PP-06- 031, with the changes listed in this report. Among other conditions, Staff is recommending that the applicant submit: 1) new annexation and zoning legal descriptions prepared by a licensed surveyor (prior to noticing for City Council hearing); and 2) ten full-size, one 8.5" z 11", one pdf and one jpg copy of the revised preliminary plat and landscape plan that includes all changes listed in Exhibit B to Staff by Thursday December 14 so agencies and departments within the City can comment prior to the City Council hearing (there is an agency/department meeting scheduled for December 15`~. On December 7~'. 2006 the 06-031. 11. EXHIBITS A. Drawings 1. Revised Master Concept Plan (dated: 12-7-0 2. Revised Preliminary Plat (13 pages; dated: 12-7-0 3. Landscape Plan (5 pages; dated: 3-15-06 and 12-14-061 4. Elevations presented to the Planning & Zoning Commission (12 Wages) South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 21 CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 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 (Oris;inal Conditions of Approval 8. Central District Health Department 9. Nampa -Meridian Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Unified Development Code South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 22 CTI'Y OF MERIDIAN PLATINING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF JANUARY 16, 2007 A. DraWingS 1. Revised Master Concept Plan (dated: ~~1-A612-7_0~ ~„ -~ _ _ ~ ~ - I r i,Q°~ ~ _- ~I O °~ ~ ir--~~ ~ ~7~~ i ~T.. AA L ~ '_ g o ~> ~ ~ E $ tit Lyi,i ~i~~~~~ ~p~+vE3~zL ~~~ ~•~~a~~ ~~~ gyn. ~ ~~4i~ ~r~ ^~ ~- -~~JJiJr I /.. 'OC ~,~ ~. ., ,~ ~ i,~^ -y~ J C~ ~ q 'c c~ ® 7ANQiQD~0tU770N T~HLE ® \- 00~ .NNE: ® ~ .a. °- Exhibit A -Page 1 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16, 2007 2. 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I, „ ~,~ n>41 ~ A / .- -, _ ,~~N ~ y,~ i i , ~ i ~ ,/ i ~+~~ ,` ~~w ~'~ i II~ +.~ ~ W. O VERf 4ND ROAD n J\ . ~ \\ _ I \ \ ~ \ `\e.\ __ I ~1 I X11 1 \vr\~\\ 1 X11, `, ~\ \ I \ \ ~ ~ °~ ' _ _ ~~ ~ ' I `, I ~ `~~ e ~ ~~, - ~ ~'~~ ~' ,a ,u ~ va~r~~. _ ~ vw~~~ --__ S89}fi'JB_E_~_ 605.41 y_lll ~ I \\I~ ~I ' ~ ~ I ~\\y ~_` r I~II,~ 9 S ~' \`w ~ ~ I 1 l fit'',; ~. I ~ I V /,. d. ,' ~ . ~ i /; ~ i i i~a1 < aa+i \ I I ,I ' r ~ ,s' ~ ~l iii ~ i l I i _-__ ~~ 1 1 i l~ l l I ~~ ~~ I 1 ~ ~ ~~ ~` ~ ~ I I I I g l I I I ~ ~ ~ _._. -___._.--A---~~.e~.z. ,~__ _- 0 ~~ ~ d 'O E ~a~ r°n °'9m.. Ili Exhibit A -Page g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF JANUAR Y 16, 2007 3. Landscape Plan (5 pages; dated 3-15-06 and 12-14-061 NtlP4n~ ,-~~ ~ ~ ~ ~ q ~ ,I~ ~, 3 ~ i ~ t , ~°' ,~ . n ~I~~ 4 % / p ~~ ~ ~ ~ `+4 ~ J TF AN ~ - ~~ ~~ ~ ~~ 1 ~Y _ ti ~ d 1 u e Tca $" f .....» .< w e ae eee : rem - -. . 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N Z. 4 ~/ // e `11. ~,~A °~ ~.~.am is ~~ am am w ~•~ t ~ ~ S5 a:9 ~ R 5 6 gE @ §S H d eg °I p 9 m..~ p Y k ~ a ~ ^ ng t~ e ~ga£~'s~ega ~ B 8 -~~ 1 ~~ I°y s~~~ I _____ env ~ -- I ~-__ / ~ .m. a. / I, Bt" ~i a j __ ~C O uWe ~Fo ~ ~__ - _ a Exhibit A -Page 11 CTI'I' OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE H' G DATE OF JANUARY 16 2007 Exhibit A -Page 12 CTI'I' OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16 2007 4. Elevations presented to the Planning & Zoning Commission (l2 Wages) K 7. F~ 1~ E t' C7 `il N O C N ry * ,~ '~ .~__... ~J. }I Exhibit A -Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 1 ` ` Exhibit A -Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16 2 0 ,07 ;4 fi ~, ;i{ r ~_ ~, ~_: ~ ~ , w k _ __ . i µ `} i • 's ~ ~ri,~_~ ~Y@ ~_ i ~ /r/ i' ~ ~ I~ ' 7 ,, fi ~~ ~' t ~r~ as _ ~~°~ ~~ ""'~ /~1 ,,`I i '4 °, `~ ,~~ ~~ +.~ ~, C ~ `~_ 5 ~i ': ~,. ,n~ ~~ ~~ ~~ Exhibit A -Page 1$ CTI'Y OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE I~7~RING DATE OF JANUARY 16 2007 r'i r ~ ~ ~. , ~~ ~" {. it f= , ' ~ ~, ~ __ ~. h . ~ ~--mss ~r ~ i '~' S 1 . ~' j ~`~`~ ~ t j; ~i{ i. ~ ~ t - Fy ~ ' , k ~ - ~ i ~ ~ ` ~ r ~ . ~ ~~' ~ ~ : ~. u it ~r ~ ~ ~ ~ '~ ~ - _ r M ~ { ~ ~. ~ ,Pli ` ~ y - . :. j 1.~ ....++ ~.f+,. yy j'W i ~' ~ ~~k A ' e O ~V Ii t ] ~.,j I . ~r y} ~j ~ •~~ ~ ~I. Il~ ~.,4, P tl ~ {~ , .. ~ !. - ~, . k-~~. `„=- rYP ~ i ~~E j ~ i,~. to J. Exhibit A -Page 16 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 .~°, µ ,'~- 1 { F y' S ~,. t, n ' f` ~, o~+~ h` .'j <p r) 7~~ i "~ I ~~ Exhibit A -Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 ~,~ r T~r• ~-=- ~~ ~.,,,~, ~ ,~'~-a ~~ ~,,.~ ~ ~ ~: ~ 1 ~~~~ ~~e ~, ~ ~. .3j. ~ ~ ~ ~ »..„d« '! ~ ~ } t~ - ~ ~ ~- fi~~ `~ d ~ ~~,~~, ',~ ~.2 j~ i ~, ~«,t, q i ~ ! ,~ °~ - - -, h' - ----~- -- .j B i _~; ~; ~ R''_ +I 1l~ Exhibit A -Page 18 CTI'Y OF ME RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 Exhibit A -Page 19 CITY OF MERIDIANING DEPARTMENT STAFF REPORT FOR THE G DATE OF JANUARY 16, 2007 ,~ ., . ,~ _,,. - ~" ~''~ _ a i - p __ ~ r ~ 31 ~ '~ -(fr 1__ ~i fir/ ~ f ~ ~ r d`-r-~~. . .. ~ ~ 3a ~.~, 3 ~ ~) ~ .~ :~ '~r` ~ i _ ~ f ~iwwrf F j ~tri„~~~~~~' ~~~~~~ i ~,. ~.. ~t~!y; ~~~~~~. r ~ L!E~ ti ~ t,y ~ ~~:+; { ~j~ ~; ~~ # G ~~, ~i ~~ ~ ~_ - " ~ f ~I ~ ~ I !. s ~ ~ ~ ~ ~ ~ 3 ii ~ ~ ~E~ g ~f -w-~i ~ u ~, 1 111 . ~ ~ "7~- .~ m+r~ ~. < ~ i9~ ~ ~~, ~ .. 5 ~ L~ .ir.._... +a~rd<.^ L ~~ ' o ci i k ~ I ~I ~ ~ i, 1 < < ~ ~ ~~ i J j 1 i ~! Exhibit A -Page 2~ CTfY OF MERIDIANING DEPARTMENT STAFF REPORT FOR THE G DATE OF JANUARY 16, 2007 t -` lu f s k }~ t ' ~}, ~~ ~.~ ~ , ~- r ~1 __.____ , ---~` ~ f'.t ~~ t '~ 1 ~~ __ ~ ~- s ~ 1 ice, <~ f ~ -~. G I ~~ .~~; ~ ' r _ i ;I ;.s ~ ;~ ~; rit ~; ~_ ~1 ~ _. ~ ~ E i ~~- ~ -~ ~ ~ !" ;. ~~~ ~ ~~ F ~'.~_~ ,, I r , t~ ; ~ ~- ~ , '„~~ ~ a ='~~i _: _ "~;, ~~ ~~ `+ j ~, ' f~ ~ ! 'r. Exhibit A -Page 21 CITY OF MERIDIAN PUNNING DEPARTMENT STAFF REPORT FOR THE HE G DATE OF JANUARY 16, 2007 ~~ i J4 t' 4 ;_ '~i~ ~~. 1. .. t IM A ,(r ~ 4 4 ~* I P~~ ~ 1 ~ ~® i i~ ~.~ ;~ 4 ~ • Exhibit A -Page 22 CTI'Y OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16, 2007 1 .ii ~~: ~f ~- n 0 ~ t ~i r,r ~ ~~- fi T{. ~. ! 7 ~ ~ 1 a "~ '~ `~,~/ , ~ _ Eh ~''~; - ~~ .j-- ~, ,~~ ~TM~;. ,-~, ~~ ~ ~u~t ~ 4' ~ ~', J' , ~~ `;~ i 7 ~ '~~~. i ~,`~ -) ,~ j .~ - ~ ~ ~~ ,- i ' ~ ~. Exhibit A -Page 23 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE G DATE OF JANUARY 16, 2007 ip ~ ~ i ~~ ~~ ~ v 1 G1~ (i °° _ ~' t ~, Exhibit A -Page 24 CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 B. Conditions of Approval 1. Planning Department ANNEXATION AND ZONING PROVISIONS (AZ-06-031) 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. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Southridge as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to Design Review approval; that all TN-C zoned lots contain structures that aze at least two-stories tall except for the public library; and that all commercial buildings in the TN-C zone be located between the a public street and the pazking lot (as shown on the original master concept plan dated 4-15-06). 3. That all TN-R zoned lots and uses will comply with the recently adopted TN-R standazds adopted in the UDC (see Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi-family dwelling units with the dwelling units being located primarily between Overland Road and any surface parking azea for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (pazk) o at least 10 000 sauaze feet excluding Dazkin~ azeas and/or drainaee areas and including some recreational eauipment (e e - eazebo with benches BBO area tot-lot - --- swimmin~ pool. clubhouse. etc.l within the oven space area be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. 4. 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 (building permit submittal). All of the future lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC. 5. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). 6. That the applicant will be responsible for all costs associated with the sewer and water service extension. 7. 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. 8. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That only one public street access, and no direct lot access or driveways, to Ten Mile Road will be allowed on this site; that a maximum of five public street Exhibit B -Page 1 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEA'RIl~iG DATE OF JANUARY 16, 2007 accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACfID approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACRD approval). 10. That public street frontage as shown on the revised master concept plan, or a cross access/ingress-egress will be provided to Parcel #51223110500, which is located on Linder Road. 11. That the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane. That the applicant agrees to construct at least one stub street to the outparcel surrounded by mega lot 1, with the first plat within said mega lot. That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. 12. The s~ ~ park lot. clubhouse and pool. shall be included within the first final plat phase of this development as shown on the revised master site plan; all "mega" lots shown on the master concept plan, west of the first phase, shall be annexed and recorded as mega lots with the first final plat, but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City. After such time, the mega lots may be developed if new (detailed) preliminary and then final plats of the mega lots, that are consistent with the adopted Ten Mile Area Specific Plan, are submitted and approved by the City. No variances to lot dimensions. setbacks or block lengths shall be reauested by the applicant as Hart of the re-development of the mesa lots. 13. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 14. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 15. That all internal landscaping shall be installed as each phase final plats, prior to occupancy of any structures within each phase. 16. That the applicant agrees to plat a public library lot and an elementary school lot with the first phase of development. That the applicant will the the drainasse facility on the northern property boundary. between the elementarv school site and the public library lot 17. That with the construction of the first phase (prior to any occupancy being granted), a 10-foot wide multi-use pathway shall be constructed on this site generally consistent with the applicant's interconnectivity plan from Linder Road to the c~ ~ park (temporarily terminating at the sib private park) with the remainder out to Ten Mile Road to be constructed with future phases as they are brought in for replatting. The city will require additional multi-use pathways that are consistent with the City's Pathways Plan; eenerallv along the Ridenbaugh Canal and/or within the northwest pipeline easement, as the mega lots develop. 18. abridge crossings shall be constructed sea between the future multi-family units and the commercial uses on Overland Road if this section is left open and enhanced Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16, 2007 ith grass seeding. and not covered. 19. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool area, and tot lot; and any other amenities required by the Commission and/or Council at the public hearings. 20. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 21. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted Master Concept Plan, prepared by The Land Group, Inc., labeled sheet M1.0, dated 4-15-06, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the re-subdivision of each mega lot). Provide a stub street to at least one of the 5-acre lots in Val Vista Subdivision when mega lot 2 develops. Said stub street shall be located near the west property line Also provide a public stub street to either. Parcel #51223233905 or #S1223234100 to e west, when mega lot 2 develops. NOTE: In accordance with AC policy he applicant sho d include language at the temporary termini of these stub streets that state that the roadways will be extended in the future (portions of the fences will have to be removed to accomplish this) 22. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story, with a maximum height of 22 feet (measured from either the mid point of the front of the lot at the top back of curb or the mid point of the rear of the lot_ (whichever is more restrictive) to the average height of the highest roof surface) The applicant has also agreed to provide a greater than X3-50 foot rear setback for the lots along the southern boundary. The applicant has also agreed. and shall be reauired. to construct a solid 6-foot tall masonry fence adiacent to the htc in Val Vista Subdivision and Aspen Cove Subdivision prior to issuance of building permits within the first phase of the develop 23. The applicant shall be reauired to construct a minimum of 1 000 residentia dwelling units on he property and a maximum of 1 252 residential dwe lines units on the property. unless otherwise specifically approved by the City C,'nuncil through subsequent applications 24. The applicant shall comply with all adopted state and federal air and dust particulate emission standards. The a plicant shall m_ a all reasonable attempts to abate (mitigate) dust settling on adiacent properties generated by the evelopment of the property. The applicant shall keen a water truck on site at al times unless otherwise allowed by authorized city staff and the applicant shall use said truck to abate the emission of dust 25. With the development of the village center at Overland Road and Linder Road the applicant shall incoroorate and build at least one transit stop. including benches and covers The applicant shall incorporate and construct a park and ride area near the proposed fire station and Ten Mile Road 26. rior to the signature of the first final plat. the applicant shall submit and obtain City Council approval for. a development agreement modification th_ t proposes specific and detailed architectural guidelines for this development that address at a minimum) variety in structures within a bloc building mass building materials. rooflines. colors. and architectural styles. 27. The applicant shall work with ACRD to align Overland Road to accommodate development of the Prather propertv_to the west (across Ten Mile Roadl. Exhibit B -Page 3 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-031) 1.1.1 The revised preliminary plat, prepared by The Land Group, Inc., dated "~ 12-7-06 is met approved. •t~t.° ..~ ~ t•° ~+ ->,..t, .,..,-...;rte~~l si~~e~~~~'~eae~a~d-e~l3~ep3'~ th€~r~vicad nr~limin~n~ n] + a t a t ~1, + • t ,t°~ .,tt 1, t• + a ~ t , c•,. rrt. ~~sda~~ee€~4. All comments and Development Agreement provisions of the accompanying Annexation and Zoning (AZ-06-031) application shall also be considered conditions of the Preliminary Plat (PP-06-031). 1.1.2 ~;°°-~* ~ ~ ""°°~ T °* ^ ° All of the proposed Mega Lots shall be included within the boundaries of the first final plat for this property. €~eep~fer~°^ T °* ^, ^ "'1 etl3~ Mega Lots shall be designated non-buildable lots on the face of the final plat. 1.1.3 Include =M°^~gu~vr-T °* ^°* ^ the rivate ark site as a buildable park lot within the final plat of the first phase. r~° ;~ „a .,,~. °+;° °r ~t.° °a ,.;~.. ,.~ ~, taw .t• ~ a •..L ..L 1.1.4 :'~'~*'- +''° ~~°* ~--°' --'~*, °~'onstruct Overland Road, from Linder Road to Ten Mile Road, as proposed on the preliminary plat (subject to ACRD approval). With the first fmal plat, construct Southern Way from Overland Road to Southpoint Way (subject to ACRD approval). 1.1.5 Revise the preliminary plat to show how much of an impact the detached sidewalk will have on the proposed TN-R lots, by depicting the sidewalk easement on the plat. (Staff has concerns with this easement not being shown on the plat, as building setbacks are measured from the back of sidewalk and the buildable area for most of the lots in the TN-R zone are around 4,000 square feet. The submitted preliminary plat does not reflect an easement for the sidewalk, as the walk will be outside of the proposed 50-foot right-of--way for the street.) 1.1.6 All TN-R zoned dwelling units shall have a minimum of two lights at the front of the unit; all dwelling units on alleys shall have a minimum of two lights along the alley. All TN-R standards should be complied with. 1.1.7 All alleys shall be designed and constructed in accordance with the standards listed in UDC 11- 6C-3B5. 1.1.8 Place a note on the face of the final plat, restricting direct lot access to Overland Road, Ten Mile Road and Linder Road. 1.1.9 As amenities for the first phase, set aside approximately 8.9 acres/13% of the site for common open space; construct amicro-path in Lot 52, Block 3; " " '^+ °-'a ~"° '~'-°~--• '°+; construct a 10-foot wide multi-use pathway eg nerally adjacent to the Ridenbaugh Canal (maintain a 5-foot wide landscape buffer along the 10-foot wide multi-use pathway), and dedicate- construct a private park. Construct any additional amenities that xnay be required by the Commission and Council. 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (Ridenbaugh) and drains being uses as a water amenity ,intersecting, crossing or lying within the area being developed should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal ~n-"~~a=y~t~, all irrigation ditches, laterals and canals be tiled on this site. Exhibit B -Page 4 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE H~G DATE OF JANUARY 16, 2007 1.1.11 Construct amicro-path on Lot 52, Block 3, and one pedestrian walkway between the library lot and the school lot, within this phase of the development. With the development of mega lot 3, construct amicro-path across Southpoint Way, ,that connects with the future multi-use pathway along the south side of the Ridenbaugh. Construct amicro-path between Block 3, and the future multi-family units in Mega Lot 5. All micro-paths in the development shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths (not the pedestrian walkway between the school and the library) should comply with UDC 11-3B (Lot 52, between Lots 53 and 54, Block 3, does not have enough landscaping on the sides of the pathway and will need to be amended). 1.1.12 The landscape plan prepazed by The Land Group, Inc., on 3-15-06 and 12-14-06, labeled Sheets L1.00, L1.01, L1.02, L1.03, and L1.04 (regarding the buildable lots in the first phase) is approved with the following modifications/notes: • Provide a 25-foot wide landscape buffer along Overland Road and Linder Road, as proposed. Provide an 8-foot wide landscape planter (parkway) along both sides of the streets within the TN-R zone, and install Class II trees within the pazkway (between the back of curb and the face of the 4-foot wide sidewalk). The landscape buffers along the streets shall be placed in common lots (adjacent to TN-R and R-8 zones) or in permanent easements (adjacent to TN-C lots). All street buffers shall be designed in accordance with UDC 11- 3B-7. Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths. Provide amenities and open space as follows; 8_9 acres (13%) of common open space, amicro-path on Lot 52, Block 3; ~~a ^~, ~'~^'~ ~; a micro-path between the future multi-family units on Mega Lot 8 and the non-residential uses in Block 3; and amicro-path between the school lot and the library lot, construct a 10-foot wide multi-use pathway from the eastern property line to the ~ si~pazk site, and any other amenities as required by the Commission or Council. 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 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. All standards of installation shall apply as listed in UDC 11-3B-14. 1.1.13 Staff is in agreement with the Perimeter Landscape Requirement Plan prepazed by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and Staff is recommending that as part of the Development Agreement, this plan be adopted. Because the mega lots are being platted with the first phase, Staff recommends that all of the landscape buffers adjacent to the arterial streets be platted with the first final plat, but not constructed until the adjacent area develops. UDC 11-3B- 7C2 requires all residential street buffers to be on a common lot and all commercial and other nonresidential street buffers to be on a common lot or a permanent easement, maintained by the property owner or the business owners association. • Along Ten Mile Road, a 35-foot wide landscape buffer lot should be platted. • Along Overland Road, from Ten Mile Road to just across the Ridenbaugh Canal, Exhibit B -Page $ CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 a 35-foot wide landscape buffer should be platted; a 25-foot wide landscape buffer should be platted along Overland Road where it is not an entryway corridor (adjacent to the TN-C and L-O lots said buffer may be in an easement, adjacent to the TN-R and R-81ots, the landscape buffer should be within a lot.) • Along Linder Road, a 25-foot wide landscape buffer should be platted (adjacent to the TN-C lots said buffer may be within a landscape easement, adjacent to the TN-R, R-8 and R-4 lots, the landscape buffer should be in a lot(s)). The submitted preliminary plat should be revised accordingly. The future landscape plans, submitted when the mega lots redevelop, will be evaluated at that time for compliance with UDC 11-3B-7, Landscape Buffers along Streets. 1.1.14 In accordance with UDC 11 3A-7A7a, construct fencing adjacent to micro-paths to distinguish common from private areas. 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. 1.1.15 Maintenance of all common areas shall be the responsibility of the Southridge Home Owners' or Business Owners' Associations. 1.1.16 An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.17 All existing buildings/structures that span across proposed lot lines shall be removed or relocated prior to signature of the final plat by the City Engineer. 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT (PP-06-031) 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, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 1.2.6 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 the planned Black Cat Trunk. The bid for phase 3 of the Black Cat Trunk has been awarded and is planned to be in Overland Road by Apri107'. However this property is currently not serviceable and the City of Meridian does not guarantee service in the timelines established in the UDC. 2.2 No temporary or interim lift stations shall be allowed on this site. 2.3 The applicant shall be responsible to install the Black Cat Trunk through this project to the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. This condition can be rescinded by the City Engineer if documentation is submitted that proves to his satisfaction that this condition is unattainable. 2.4 The applicant shall be responsible to upsize the leg of the lateral trunk being routed through to the southwest corner of this project at Ten Mile Road. The size needed is being determined now through ongoing modeling exercises. 2.5 No sewer manholes or water valves shall be allowed in landscape islands. If mains are routed under the islands then no trees or other fixed vertical objects shall be allowed. 2.6 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. 2.7 All water meters located in common driveways shall be constructed of traffic rated materials per City of Meridian Standard Specifications. 2.8 The applicant shall install sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.9 Water service to this site is being proposed via extension of mains in the intersection of Overland and Locust Grove. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.10 Due to the topography of this site, this property will lie within two different pressure zones. The applicant shall be responsible to install a minimum of two pressure reducing vaults/valves. 2.11 Due to the fact that there is no existing feed for the new high pressure zone being created by this development, the applicant shall be responsible to install a booster station, and donate a well site on the south side of the Ridenbaugh Canal, location to be coordinated with the Public Works Department. This condition maybe rescinded by the City Engineer if subsequent development provides the feed for this zone. 2.12 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. 2.13 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). Exhibit B -Page 7 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HG DATE OF JANUARY 16, 2007 2.14 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 constnaction 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. 2.15 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.16 All existing structures not meeting setbacks or the dimensional standazds outlined in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.17 If the sidewalk is not fully contained within the right-of--way the applicant shall dedicate additional width to the public utilities, drainage and irrigation easement along the right-of way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.18 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. 2.19 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea 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. 2.20 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 standazds 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 regazding Shallow Injection Wells. 2.21 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 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.22 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.23 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.24 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B -Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.25 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.28 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.29 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered bac~ll, where footing would sit atop fill material. 2.30 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.31 One hundred watt, high-pressure sodium streetlights, 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 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. 3.2 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 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B -Page 9 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.8 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.10 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.11 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.12 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. 3.13 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. 3.14 Building setbacks shall be per the International Building Code for one and two story construction. 3.15 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. 3.16 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. 3.17 \The proposed 206-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 597 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B -Page 10 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 3.18 The office/commercial lots lots will have an unknown transient population and 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. 3.19 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. 3.20 Maintain a separation of 5' from the building to the dumpster enclosure. 3.21 Provide a Knox box entry system for the complex prior to occupancy. 3.22 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.23 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.24 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. 3.25 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.26 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 S~tion 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.27 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.28 There shall be a fire hydrant within 100' of all Fire Department connections. 3.29 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.30 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.31 Pool chemicals shall be stored incompliance with the International Fire Code. 3.32 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) Exhibit B -Page 11 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16, 2007 3.33 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 mz) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mz) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 The proposed development does 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 areas, 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 plat 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 Southern Way. 4.5 The proposed landscaping creates a hiding spots between Rio De Plata Court and Southern Way. The applicant shall submit a revised landscaping plan that affords greater visibility of the area from public areas such as a street or parking lot. 4.6 Provide lighting along pathways. 5. Parks Department ee memo to Mavor and itv ounc'I da ed .Tam.arv 2~_ 2007 for additional co m nts. 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 ((JDC 11-3B-10) will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.5 Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B -Page 12 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HG DATE OF JANUARY 16, 2007 on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 6. Sanitary Service Company 6.1.1 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. Ada County Highway District (Original conditions of approval) (NOTE: The conditions below are based on the original plat layout, not the revised plans) Site Specific Conditions ofAppYOVaI 1. If the applicant does not enter into an agreement with the District for the reconstruction of Overland Road, at a minimum the applicant will be required to construct a left turn lane for the site entrances on Overland Road. 2. Dedicate 54-feet ofright-of--way from the centerline for Linder Road abutting the site for the first 500-feet south of Overland Road. The right-of--way dedication will taper to 48-feet for 300-feet. Dedicate a total of 48-feet ofright-of--way for the remaining frontage on Linder Road. Coordinate the exact right-of--way dedication with District Design and Right-of--Way staff. Theseright-of- way widths anticipate that a detached sidewalk will be constructed within the right-of--way. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. 3. Construct a 5-foot detached concrete sidewalk on Linder Road abutting the site. The sidewalk shall be located a minimum of 5-feet from the future back-of--curb location. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 4. Dedicate 54-feet ofright-of--way from the centerline for Overland Road abutting the site for the first 500-feet west of Linder Road. The right-of--way dedication will taper to 48-feet for 300-feet. Dedicate a total of 48-feet ofright-of--way for the remaining frontage on Overland Road. Coordinate the exact right-of--way dedication with District Right-of--Way staff. These right-of- way widths anticipate that a detached sidewalk will be constructed outside of the right-of--way. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. Construct a 5-foot detached concrete sidewalk on Overland Road abutting the site. The sidewalk shall be located a minimum of 5-feet from the future back-of--curb location. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 6. Dedicate a total of 48-feet ofright-of--way from centerline for Ten Mile Road abutting the site. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. Exhibit B -Page 13 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 7. Construct a 5-foot wide detached concrete sidewalk on Ten Mile Road abutting the site, located a minimum of 41-feet from the centerline of the right-of--way. 8. Construct afull-access commercial street, Spanish Sun Avenue, to intersect Overland Road, a min;rr,~ of 600-feet west of Linder Road. The 600-foot measurement shall be the distance between the location of the new STOP bar on Overland Road (at its widened intersection with Linder Road) to the near edge of the new commercial street. 9. Construct afull-access residential collector, Southern Way, to intersect Overland Road approximately 1,760-feet east of the existing centerline of Ten Mile Road (measured centerline to center line). 10. Either relocate Sunridge Drive to intersect Linder Road adjacent to the out parcels north property line as a full access, OR construct a private driveway to intersect Linder Road approximately 460-feet south of Overland Road (measured centerline to centerline). The private driveway would be required to be restricted to right-in/right-out by means of a raised concrete median on Linder Road. 11. Construct afull-access commercial street, American Frontier Drive, to intersect Linder Road approximately 1,300-feet south of Overland Road (measure centerline to centerline) 12. Construct afull-access residential collector, Timberwood Drive, to intersect Ten Mile Road, approximately 2,120-feet south of the existing centerline of Overland Road at the site's south property line, as proposed. 13. Construct the following roadway segments as residential collectors with 36-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 50-feet ofright-of--way. These roadways shall have no on street parking and no front on housing: • Timberwood Drive from Ten Mile Road east to its intersection with Southern Way. • Southern Way from Overland Road to a point approximately 460-feet southeast of its intersection with Timberwood Drive. 14. Construct Southridge Drive as a 36-foot residential collector with vertical curb, gutter, and 5-foot concrete sidewalks from the roundabout intersection with American Frontier Drive south to Heavy Timber Drive. This roadway segment shall have no on street parking. This roadway segment shall be designed to accommodate 2-travel lanes and 2-on street bike lanes. 15. Construct Southridge Drive as a residential collector with vertical curb, gutter, and 5-foot concrete sidewalk from Heavy Timber Drive to Southpoint Way. This roadway segment may have on street parking on the west side of the roadway only. This roadway segment will be designed to accommodate one parking lane, 2-travel lanes, and 2-on street bike lanes. 16. Redesign the proposed five residential lots on Southridge Drive north of its intersection with Southpoint Way site so that no lots will take direct access to Southridge Drive. 17. Construct the following roadway segments as commercial roadways with standard 40-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 54-feet ofright-of--way unless other wise noted below: • Spanish Sun Avenue from Overland Road to Sunridge Drive. Exhibit B -Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 • Sunridge Drive from Spanish Sun Avenue to Linder Road. • American Frontier Drive from Linder Road to Southridge Drive. • Southridge Drive from Spanish Sun Avenue south to the roundabout intersection with American Frontier Drive. The following internal commercial roadway segments shall be constructed to accommodate one parking lane, a center turn lane, and 2-travel lanes with on street parking restricted to one side of the roadway. Southridge Drive, from Spanish Sun Avenue to a point north of the sputter islands for the proposed round about (this location will have to be coordinated with District Traffic Services staff). American Frontier, from Farmington Drive to Woodhouse Avenue, on the south side of the roadway. 18. On street parking will be restricted on the following roadway segments: • Spanish Sun Avenue • Southridge Drive and American Frontier Drive adjacent to the proposed elementary school site. • Southridge Drive and American Frontier Drive on the segments leading into the proposed roundabout. • Southern Way • Timberwood Drive 19. Construct the internal residential streets, with the exception of Rustica Street, as 37-foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. Provide a minimum 24-feet (face-of--curb to face-of--curb) between the proposed bulb- outs at the local street intersections. Provide written approval for the bulb-out designs from the Meridian Fire Department. Coordinate the exact design of the proposed bulb-outs with District Traffic Services and Development Review staff. 20. Construct Rustics Street as a 29-foot street section within 42-feet ofright-of--way, as proposed. Receive written Fire Department approval for the reduced street section. Parking will be restricted to one side of the roadway. 21. Re-design the proposed alleys in Blocks 3 and 4 to remove the proposed 90-degree curve. Construct all the internal alleys as 20-foot wide paved public alleys. 22. Construct the following stub streets as proposed: • First stub street to the south, Woodington Avenue, located 80-feet west of Linder Road (measured property line to centerline). • Second stub street to the south, Woodhouse Avenue, located 146-feet west of Linder Road (measured property line to centerline). • First stub to the west, Rio De Plata Ct, located 720-feet north of the south property line (measured property line to centerline). • First stub to the northwest, Southpoint Way, located 1,200-feet north of the south property line (measured property line to centerline). • Second stub street to the northwest, Heavy Timber Drive, located 1,680-feet west of Linder Road (measured property line to centerline). Exhibit B -Page 15 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 23. Construct the five cul-de-sac turnarounds with center landscape islands with a minimum 45-foot turn radius and a 29-foot street section on all sides of the center landscape islands. 24. Coordinate the design of the proposed roundabout at the intersection of Southridge Drive and American Frontier Drive with District Traffic Services staff. 25. Submit the bridge plans for the two crossings of the Ridenbaugh Canal (Southern Way) for review and approval prior to the pre-construction meeting and plat approval. 26. Resubmit the preliminary plat to demonstrate compliance with the site specific conditions of approval. This will be required prior to the District reviewing construction plans. 27. Other than the access specifically approved with this application, direct lot access is prohibited to Ten Mile Road and Linder Road and shall be noted on the final plat. The access restrictions for Overland Road will be determined upon future preliminary plat submissions. 28. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. 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. 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. 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. Exhibit B -Page 16 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 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. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Nampa & Meridian Irrigation District 9.1 No comments received Exhibit B -Page 17 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions ~ _~ ~~~ rya tsiotn caau~, uvc. 4, 2Ek05 1'ro~ct No. 051321 .[.egaJ 13escription So St;ivisian 23{3:87 ages P ~A" A tract of Ind sibaiuted in the North t?ne i~if x~nd the T~orkheast t?ae tQuarter of the Southeast tine suer of Seciic-n 23, Towushg 3 hlmfill, Rmi~e 1 V4~es#, Boise I~Aeridimt, Aida Cc3emCy, Idaho, dzikhed as fellows: Cotamcacing at a fcumd ~/~-iac~t 11sia motut~ne~atra~ the Cum ~f said Sectiar- 23 on the ~iae ~ Read ~ the I?t)lA7T Ol: BEt~tl+fiiN&i. 'l~nre follawiag the Orly line of said Section 23>and the centerline ol'said Linder Rnad; Sfluch OtS°41'28" West a distant rsf d~4.b1 feat tv a £ouad 518-inch ste>ri pine 'Thertee leaving said easterly line ai~t said centerline, North 83°19'41" Vilest a clime-of 194.25 feet to afiinmd 5~8-iuah Y pin; Th~tsce Stith ~°41'2b" W a tie of aSO:OQ €eet eu a point; Thence South 89°19'41" 1~~.a€ a ~ ®f 199..25 fit tss a~ fo~md 5/8-inch steel pin tsn mid easterly ~ and said c~ Thence ftitllowing said e~Stel'ly+ said e~iatli~-South Q~'41~25" '~U'eat a drste aFf 1,941.4k1 feet to a poi Tttoro-~e leav~8 said easterlyli~n@ and said C~eadine, North 89°43'02" West a distance of 2113.72 fe~f to a paint on the centerline of the Rideabau8h CatYal; Thence faUOwinS the ter3ins~ of said Ridenbaugh t:attel the folls-~ing f castes; X23.51 fit following the arc of a nontsngent cures to the talt~ saiul curve havi»g a rus of G31.24 feet, a ceatr,31 artgte of 29~1'S1 ", n c?tord bearing aif l+~arth 44°43'07" Wiest and a chord distaBCe of 319.98 feet to a ~~_ Nttrd>t 5959'27° V~Iest a di~ance ul' 73.72 feet to a point 9E1.2Y feot follt-wing tke a~ a cyressla~r c~n~ve to tl~ lei, sari cure a radius of 120,OQ .~ cer~tr$i agile of 43°fl4'24", a ehgrd beat~irsg 4f North 81°3i'39" liVt and,tt chord distance of t{S.ltl feet to aphut: Souib 76°SG04" 1Ne~t a alistamee of 33:79 feet to a pater; 8395 it follawing the acc a circular cttrve tti the rig}~t; said cunra hag a radius of 104 0F3 feet, a ce~ral ante of 48"t36`{l6", a ebard beari~ of North 79°t3i1'~8" VV~t earl a c-hcsrd tlista of i#1.51 feet tcs a pni~ f t r s~ t a~.a~ $~t~. P~aq~~ aoe~ u.a~s •. G:1~s~as~A~~i~uur'f.n"ay.~t~.3~ taa~ Exhibit C -Page I CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 _n ~: ~~ THR t.ANA GROUP, td1tC. North S~°57'45" West a distance of 108.31 feet to a point; 90.1 ~ feet failow~it~ the arc'tt cirepl~i cazrve ~ the { snit! curve having a radius of 120.00 feet, a central ankle of43°03'30", a chord l~earia~ of ATorth 76° 9'30" WSSt and a tshord di4tane~ saf $8:07 Peet ttt a p©ia; South $1 ~~8'45" West a distance ctf 38t1.0I feet to a mint; 150.45 feet ftllawing the are a cirealar curve to ttte lest, said cttn~e having:: a radios of 150.00 feet; a central an81¢ of fil X17'12", a chard g of South Sl®2Q`tl9" Weft and a chord distance of 152:91 feet to a point: South 2041'3.3" West a di~~teuce of 216.91 feet to s itd; 262.75 feet tullocvitg rite arc t3 arcuidr to the right, mid curve having a radius of42il.Q0 feet, a centre[ angle of 35~'S(}'36", ~ chord 1In8 of Ssutlt 38~3G51 " West acid a chord distaff of ~$.4~ feet to a point: South 56°32'09" West a distance of 34.51 feet to a pt~irtt; 166:04 fit folliawiag tI~ arc a circular curve io the right, said curve having a radius of 61.63 feetz a central aaglt: of 147°l2'OA", ~ chord bearing of N49~S i'SI" West and a.ehurd distmx~ of i24,A0 feat to a ~~~ North 23°44'15" F.,ast-a distance of 1~2.t}0 feet to a pint; North 32°46' 19" Fa.a~st a dicta of 219.133 feet to a ptrint on the soutJierly line ofthi< I~fiartlt Ose Hs1f of said Section 23; Thence leavit~ said centerline sad foQow~ing said southerl}~ line, North 89"Q2'S5" West a disttuiee of 712;43 feet to a found 5J8-inch steel pia monumcnting fire Center Elate Quarter nF said motion 23; Thence Folit~esri@~ sairi sarly line, N®rth 8ti°U4'17" West- a distance of 1,832.0! feet io a!`ounce I /2 inch :steel Pu+; Th,eace lea:vattg said seatrtherly line, North 22°0'32" Wei a distance of520.19 feet tts a found I i2-incta steel pica; 'Thence North 89@'15'08" Wass tt distance of 630.49 feet to a ptaint oa the westerly line of said Section 23 an the centetlne of Ten Mlle ito~d; Thence following the t~r1y litre of said Section 23 and the centerline of said Ten Milt; Road, North 01}°55'19" Fast a tlistt3ttee of 1,51{1.78 ft;ct to a. gout; Thence leaving said westerly line atxl said centerline, Soutta 89°03'37" Easta distsrtce of25:00 tetrt to a point; 'Thence South 34°1:1'02" ~l a distance to 253;76 fit to a ttt; Tike South 21®08'47" F.asta distance of 141.84 feet to a patine; Theses SouW 2146°52" Eas4 a $istarcee of 332:G2 feet to a point Thence North 01°24'08" F,.ast tt tCist4nee of l 11.80 feet to a goini; Thence North 0°20'23" a distance. of 2U1.34 rest tee a point °r-hen~ N 13° 10'43" > a distance ~ 138.G8 fit to a i Thence north 26®09'07" Vest a distancr of 330.77 feet to a point;, 462 ~ Nose L}a+~; Ste, i1N-; p. tdah" R'~dtd • t! '959-444~.7~ i~Rt8.S739.44~5 • w~sea~~,g~. ~~\t35~}21~,~sua+*eyl~.nbexiPsd~ain~,ts~al~4i.L_t1t~~ied~seda~f~)2lavnek#.i4~ Exhibit C -Page 2 CITY OF MERIDIAN PL~TNG DEPARTMENT STAFF REPORT FOR THE~IEARING DATE OF MARCH 2, 2006 ~ ~~ i .nrr..r ~~~ ~ ~$pu~ iN~. Thence Nbtih 14°01'47" V4'est a distance of X73.94 feet to a poitrt; Thence North 13~ 11'S$" )_mst a distanr,~ cf 1 t46.~ i fv-ot to a point; Thence Notch 37°f7C1'U3" East a distance of 14~,ts2 fact tv a point on the northerly liter of said Section 23 and the centorlirte: of Overl~td Itaad; "Thence fbliowat~ dte northerly line of staid motion a3 and the cerrtertine ai°said Ch=erland Road, South. 8~°15~7" F.asi a distance of 1,024.45 feet to a found 5!S- ineh steel gus monunientiu~ the Nest t7ne Sixteenth Corner of said Section 23 axrd Seeiinn i4; Tawn:ship 3 Narth, R t Nest, Boise A~leridian; `Thence fvllow-inS sa9d northerly Cute and said cenCerlirte, Sauth 80®l4"25" a distance of 1,.326.1 S feet to ~ fcKmd brasw ~P mor~umettting the Ncxth tine Qua}Yer of said Section 23; `Thence followting said northerly liaR ~cl saki ceasterline~ I;Eauth I19°'19'41" F,m~ a dunce of 6155.41 feet to ~ ~itttr Thence leaving said northerly line attd said centerline, South iifl°38'x#9" Weet a distams of 888.62 :feet to n founts 5/ii-ir~h steel per; 1`hc~e South 89~°19'29" East a distance of2S0.OG feet to a Cound 5I8-inch steel Fin: ThetrGe IVat13t Ot)°3l;'49" East a distance of 888.64 feet to a point an said northerly line and paid centerline; °fherwc follo~~ mid ttottheriy line and said r~rrterline, Sauth $9~19'4i" East a distattoe of 1,7~3fi,32 feet the POIl~r'T O1=13EC~iN~fNG. The above-~scti-bed tract of lead c+atttains 297'.t)3 acres; more or less. subject m all existitz8 eascmcnis and ri~hts.of-way. EXCIEPT)Ci~TG t)M: A tract of land situatt~ in the i~orthrv~t One Quarter of the Na;thre~t (7ne Quarter trf Section 23, Township 3 North„ ftar,~c 1 Wit Boise Meridian, Ada County, Idaho; described as fallaws: C,otnmencing at a found b-~ss cap mcmwrr~ting the Northwest Cc~er of said Section 23, thence fallowing the nartherly litre c-f mid North~veat fine c~uart~ taf fire Northzvc~st O~ Quarter, South 89°15'27° F~ a distance of 1,125.68 feet tg a ptlint; Thence leaving said ~-theriy line, Satoh OU®44'33" West a distance of 3~fi.34 feat to a point on the centerline of tfite Ridenb~h t'a~l b~*atr$ the POINT' (3F >3EGINNdNG. 'fence following the centerline of said Ridet~augh Canal the following two c~aurs~; South 73°37'50" Bast zt distance of iS3.fl3 Feet to a psoint; 1 Laadraa,,~+:-~Prt,~i'tcst+~a~Satel~.r3'(xmlF.p~~~:eprf"~a! b' •C,i~ajR&rGipn-msE7t+ 46~ ~ '~bcnt I3rFVC,+~?F• Yom, Y-ak,1e; Idahr., ~3f+1b ~ P ~8.93944r41 F ?~13:*i3~.~k45 s :t~roelacd¢ drc~,+.~ aam c;:\?~'~,t~sn2ttats~~t„~t~+.~srH~~.t..~asa osa~zra Exhibit C -Page 3 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 -~ ~"~'i ~i TH$ LAID G84i-JY INC. Sautlt 43°4$°! ~" East a distance of S$.t14 feet to a ~irlt on the easterly line of said Ptorthe~est t?ne Quarter of the l~ejrth~+c:st Chte f,}trdrter ; T'lre~e leaving saidcenterline aril feallowing said easterly Iine, Se~~ 00°47°25" Nest a distance of 854.,'i4 feet to s fc»mcl S!8-inch steel pin moaurrreflting the Southeast Garner of said Na>Yhwest fine C~craaxter of the 1larthwest One Quartee; Thence leavinS said eustarly line and fnlloe~~ the scautlte+°ly line eat'said NOrthtvest Orte Quarter ofth~ Nt31thW~St-One (~Ldflrtei', Ntt7't~189"09°~$" West 8 di3tarlCe 0~~5®.~ fe~f to 1 palIIt: Thence leaving said southerly line, North 00°46'43" East a distance of 302.113 feet to et paint; Thencsy North 65°39'49" Fast a distance e~f 276.49 fs.ei to s paint; Thence North 00°46'43" last a distance of5t~.71 feet to the PGI~JT t)F BEGt1VNINfir. The above-dc~i~ribeel t~ttct oflatul contains 6.16 acres, m®re or tens, subject to all existing easemeAttts and rights-nf-vs~ty. The te-tal area of said parcel contains 290.87 ati~res, mare car tet;s, subject to nll existing e:asememB and rig}tts-cif-way. Prepared By: TIIB LANb UROUP, i,NC. 4621;. BAORF DRl'4~F., SUITE 101} T:r1GI.E, IDAHO 83616 208-939-4041 208-93~-4tW5 (FAX) L~Y~ ~ ~' VAt, ~~~! ,, ra~~oiau t*uetac won~ts taavt: f l ,zaps: t~fiiwre~ • .r~r Plm~~ ~ C.ta6' +G f'Causta Iran v~ E~ur ~ t~rr~hi~ t,'or~+ru°vtenn 4~2 t h Stwue t~my 8tc iGG, Ea~lr, Yc~,tha lf3blb ~ P'934.~]f4il E' Zt18.~34.A!Y'!5 ~ ems. ~ ~,g~" G;~;7.~5:a1Qidrf~a~cey~i~inuiilmA~+t~nin~kc~~+'~t.t._~us&~si'&~rd® efarr~ldr~ Exhibit C -Page 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE-HEARING DATE OF MARCH 2, 2006 ~,,~.. ~J DECesnher l 1, 206 lyrA,Ieet r~io. ~)! Iae~al riptit5n ~~@ Sta.~adlVi3i@n l$:e7Att$ t0 TIV~C aty.71 ~ I€T "A" A tract of land for rezone ptnposes si~aated in tlae N:3.rdt Ors Ha4f of the Ntsrtheast that Quarter of Scctinn 23, Township 3 North, Range I W~t,13cisa Iridian° Ada Cua~nty, Naha, descn"be~i ,faallows: 8F.t3IfitAiIl~1(3 at a found 3ltl-inch steel Pin anonaugeattiat~ tlsc ~Iartheast ~rnar of said Section 23 an the cestterGne of S. binder limed; Thence follow!in; the:essterly Bate +3f said Seciia`~ 23 aad i6e centerli~ of said S. Linder . Soaith tit}°~I 1.~ IiVest a diste~ce of639.~51 fe~# tea a fe-u~ Sf~-ittoh steel pin, firnft which a foauad 598-id~h steel pin.manume~stiz~ life F.asE One Quarter of safd 3sctinn 23 beats .Soarth-00°4I ~" '4aear a distance of 2,01 l .t16 feet; Thence Ieavin8 said easterly i#te and said cenierlisae, North ~19"4I" West a distaecm of 19925 feet to at fvttnd Sl$-inch amt pint; Thc~-ce South OQ°4l'Z$" West a distancec-£ ~ {2 fleet to a point; Thence lVast7h 62°{i9'2?"' ~ a distance of 379.49 feet to a ~tnint; Thence I~dortlt 49°16't10" West a distancz of 34"x.92 feel to a point; 'Thettee North Sli~34`~l4" West a distance of 50.06 feet to a past;. Thence North 47°31' 10" Wei a distattt~e of 214,?3 feet to a point; Thence South 41}®Ol `54° West a dish of l l §~,4a5 #`eQt to a point;, 71~rtce South 59°25'54" W a distance of 38.74 Feet to a point; 1~etir~ South 54°39'2ai" West s distance of SdtaO-feet to a pout; Thence 83:72 feet follox+vin~ tl~ tscc,of a non tattgent cua~t+e to the right, said came having a raaiia>s of I35~gt! fit; a centrs~i angle of35°19`18."; a c6om1 hearing of South 411 °) 2'Z5° 1~est and at chord distance of 82:4{} feet to a point; Thence South 18°52'04" t~i'est a distfaatce of 13.t)a laver to a goint; Thence souBhv~steriy 37.28 feet lollawiatg the ace of n eir~xalar carve io the. right, said same having a radios 0198.35 feet, a central angle 0121 °43°i 1 ", a chard bearimg of Staartla 29°43'39" West and a choral dis~nce of 37.0& feet tp a point; Thence ldorth 49'°45'46" West a distaa» of24.88. i'~t W a paibt; Thence I+ictrth 359'38" 54'est a d~stanca a1703fi feet to a point; ~2 L~. 8hn~ t3~lve,:icm Exhibit C -Page 5 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 '', ,'~`~ ire 'rH8 LAND l3RffUA, 7TtC. Thence northwesterly t 98.8+6 feet fallowing the are of a ci.tcular curve to the left, said cue having a radius @f 425.04 feet, ~ c~taml anpte ctf2b°A8`~ 1 ", a chord bearing of i~iorth 54°23"54" West and a chord distance of 197.flS feet to $ point; Tlu North 63°48'09" West a distance of 223.27 feet t©a poi Thence westerly 62.82 feel fr-ltowing the' arc of a circular curve to the. left, said curve having a radius cif 425.00 feet, a central angle of 08°28'(16°. ~ chord bearing ofNcu4h S$°02'12" {West and a chord distance of b2.76 feet to a point; Whence-South i 7°43'45" West a dicta of 100.00 feel to a paint; Tlaeuce 68.01 fe.~k tbllovvit~ the arc df a ~n G~ngent cwve to ti>$ lef3, sari carve having a radius of 325.04 feet; a central angle of l 1 X59'21 ; a ei~r;i bearing of Noreh 78° t 5'55" West and a chord distance of f 7.88 feet to a point; Thence Norffi QdD°4fl° 19" Ease a distance Rf 336.45 feet 1®~ point on the northerly. lies o€said Section 23 and the centerline cif W. t7uerland Road; Thence f8llnrving said northerly lies and said eer~tczlinra, South 8919'41"East a distance o~ I,74f.17 feet to the l'OI1dT QF ~Ef,.,IMNIN®_ The abovoe described tract of 1anEi contsins 20:71 scree, more oe less; subject to all existing easements arad rights-of-wsy: Prepared 13y; THE LAND GR{1UP, IIdG. 462 E. SHORL I3RIVE, St.i1TE 100 EAGLE, IDAFIQ 83616 208939-4441 248 939.4445 {FAX} 8Y 2 ~ 2~4 ~~ waz~ i z~a~~.?~a,r •.s~n d • t,m,. er F,'r~ ...Cps 4(S21?,513ptriTarcSt~180.1arm6..LMA..RAt~~c.»9as.n2anr..a~o.e~en.~ .. _.__._._... Exhibit C -Page 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ ARING DATE OF MARCH 2, 2006 ate ~~ TF[8 LKA{$ 6$OUF aNG I?libct' 12x 24106 Project No. 45021 Legal I7essription gitetthrid~e Subdivision 1%rtc t®'R 2 35.21 acres ~3T ~A~ A tract of land far reza9rtepurposes sittaated ira t1w South One Iiatf pf the Words one Half Of ~elCtil3al 23,'Tvwnsbi~ 3 Nt3ttle, 1 1N~, &use Ivierldlan, Ada Cctunty+, Idaho, described as Follows; Ccxraartencing at a fecund brass cap tttoatgar-eNiugthc West Ono: Qeaert~ of said Section 23 on the ~~ziine of 3. 'l~n bite Ritad; Thence following the vwesterly liter of said fiction 23 and the cettsstea~iirte of sold S. Tent Miie tioaad, l~torth QO°56' 16" East a distatce of 476.36 feet to a paaint, ~att which a found 518-irk I pia trtonztanientisag fhe Nortb Cane Siacteentb ~ora€r eam~an tc~ said S~tion 23 and SECttort 22,'T`ownship 31Vortb, Mange 1 Wiese, E3oise Meaidian beaus North Ot3°Sb'Ib° East a distaiatce of 838.34 feat; Thesat5e teavirtg said westerly iina:.ami mid centerline, Soarth 89u16'08" East a dlstmmc$ of 630.49 feet to ehe PC?ihi'I' t~F F3EC~II~IiWf~IG. Thence South 89°40'35" East a' di~tan~ of 182:4x feat to at poiait: Thence Soarth 2 i "2Q`IO° l;as# a diste ofZ47.65 feet M a poem; Tberieo sarttltcastarly 175.415 feet foltovsirtg are cf'n circaal~r calve tQ the left, said curve having a radius crf 146.82 lhet, a cents®1 smite of 6~~`4T'. a ebord besrirrg erf Soutb 55°36'3" bast and a Chord dist~ace tsf 165.36 feet to a point; Tbc~tce S©uth 89°03'34" ~ a distance of 88].3'1 i~st-to a point; Thcrtce ertsterly 119:69 feet follow:arg the arra of a circular cvrv~ to the lift. mid curve baviag a radius of 150.00 feet,, a aatrtrai ogle of 45®43'07", a chord bearr~ng ofNortb 68'~14'S2" East ~-d s chorxi distance of 116:54 feet to apatirrt; Whence-North 45°137 8 ° East a distance of 77.52 feet to a point; '1'henre Sarath 46g10'S3" Ertst a disiartree of 89.52 feet to a 1Xrir1lt Thence easterly .11 I.94 feet ~llowin~ tbs arc ®fa cireut~r curve to the left, said etuve having a radius of 150.00 feet,. a centres angle of 42°45'24", a cbtmi bearlug of Soutb 67°40`52" East and a chard distanca of 109.36 tt~t to a Pow Thence mouth 89°Q3'34" East a distance cf 204:56 feet to a paint; Thence nartieasterly $7.52 feast fisAowing #~ arc of a circular e3rrve to tt~ le8i, acrid cwve having a ra~"ius of SS:00 feet, a central atrtgle of+?1 ° IO'32°, s chord beaciag ~Alartl~t 451'30" East aad a chard distance of 78.f~ feet t®a point; La,~a~aer,S'~'r.t~tmm3i~q.G+~JF~%mui~.Co~Csemracv'• .Gr~rh t62 t_j S)wre Tlaivc. Sic. 4~. ]sno7c tdat~~ u~~,s .» amt a~n wru,. rr~ non .,,gar s ~~ ~ -,_ . Exhibit C -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF MARCH 2, 2006 r T~ L~-~D csaUP, uvc Titencc IU'orth {)Oa%4'{36" 'hest ~ dialaaace caf 132.00 fit tv a pvi?at; Thetace 183.59 feet fallvvmtg fire arc of a non tangent curve to ilia rift, said curve having a radius vf48.:.98 fact, a oral a~Ie oft}"44'{15", s dtord blaring 4fT11Or[h 72°58`52:" West and 8:chord dastaatce of }82.50 feet tv s p0-nt; Thy 227:Sb Peet follvw%ng the a~ of a coArtgound curve tv the right; said curve hawing a ra{flus of 275.QIf feet, a cents~tt attg%e of47°23'~4", $,eitard blaring sf North 38°24'S3" West aiad a shotti distance of 2~1.fl5 feet t4 s Point; Theatre 538 # felt fol%ovviat$ ilea arcs vfrevease isurve2a the left, said ame having a i~t~ of ~SO.Ob ?, a central an~la of 3f°i 6'03 ; a chord bead; of Nvtttt 32°5b*5fi" ~estaasti s c#ivrd chsten~e of 529.1b fit tv a point; Thence %~vsth 39°(1 %'02n, a distance of?5.06-feet to a.pvirit; Theme Mc-rth 14°3$'04" East a dunce of 13b,0o feet to a POittt; Thence S~auth 8f3°fl9°32°.East a distance of 97.30 feat t6 a Potent; TI~n~ South 25°35'04° East a distance of 45.73 feet to a Pvin~ Thence Swath 39°S8'S5" a dixte of 85..38. Feet t®a point; Thence Svutlt 67°3S'34" a clastancs of 112.35 fret to a Paiint; Them Nvttlt 20° ] I'Z7" East a distspace of Y03.27 feet to g F~4 Tben~ "~soeat%- 72Q1 T2b" East a dim of %T2.81 f to a %avint; '}'hence eastsrly '77:62 fret fcsllvr~vnng the are of a circular sieve to the lei, paid caaYVe having a radius of 80.00 fit,: s ~ntrst angle of 55935`25", a choral bearing vfNvrth 79°54°50" East and a chord distance of 74sb% feet to a mint; Thence South }5'07'20" East a distattee of % 22.50 feet to a gobn3; Thence North 86°3.1'43" East. a distance of 190.50 feet w a point vn the centerliaag of the ltidenbaugit Gana1; Them fvllv~viatg tlm eeatterilaae of slid Ft%denbaugh Camel the fol}ovdirtg eleven coursers: Thence South 03°2$°l 7" East a distaaeee vf3.39 feet to a Pviatts F.asteely 167:39 feet fvllowiatg the arc of a circular curve to.the %e~, said curve lihving a radius of 70.00 fed, a eenq'al angle of 137°(M3'42", "a chard bearing of South 7i°58'38" Ear sate .a chord distaatc~e of }3EL26 feet tv a Matt; Thrace North 30°31'0}" F.asta distencc of }4}.t?I feet to a poina; Easteriy 232$Si feet fdlgvving trite era afa circdae crave to the right, said curve having a ttdius of 13b.00 feet„ a centrsl ogle of 10~°~6°},2", a chord bearing tnFSouth 89°I A°53" East and a chaz~l distance of 202.92 feet to a point; Thence South 37°52'47" Fast a distance of 3b9.31 feet to a Poiab, tsar.~m.~ •Srcrr .crm~ • ~c~7r~~ ~r+t3• Grr~trC 462 G Ore sna sem I:_M.er. ,.ta,..ias,a . » ~ aae ,rn,.. ~ ~. ~,;.....~, - -- .. Exhibit C -Page 8 CITY OF MERIDIAN PL • G DEPARTMENT STAFF REPORT FOR THE• AR]NG DATE OF MARCH 2, 2006 rtes a.aND aaaur, acne. Southerly 389.2? feet ft~ilowing the arc of'a circular cute+e Uo rite right, said cau^ve having a anddus of 3th1.00 fit, a oentt°aI gngle of?4°20`442". a chord baariaag of Soudt Ob°42~ft" East ands c9tord distance of 362.53 fz:et to a points Th+ettlGE Soptdt 36°27'SS° D4'esr 8 efistancc of.34.8Z feet t6 a dint; SoarherEy I4n9S feet fcafilciwratg flee arc of a eircudar curve to the: iefit, said cwwe having a radius of i 50.Afl feet; a eentra! angle ~f 53®45'48", ~, chord bearfrtg of South fl9°35~1" Wc~t and: a chord distance of 135u64 feet to a itaini; Thenee Sc-uOt l7°IT53" Eest a distance of l 10.54 feet ro a point; Sotatlterty 129:34 fioet following the ere of a circular see to the right,. sand ctnve having a tedfus o€150.00 feet, a ~ntt~1 an~l~ of 4'24' 12", a chord beating of Soutit fl7°24'13" Wesr and a chord distance of 125.37 het tct a point; Thence South 32°6fa'l9" West a distance of ZI.67 feet to a point ore the Sotttheily Hne of the Sounh Line T3alf of the North C>eze k#alf of Se,~ion 23; Thence leaving said centerline and folktwing ~d sautiterlY I~aorth 89°92'Sb" West a distance of 7i2 43 feet to a fotmd 5!8-latch st~e9 pass xnortutrtenting fife Eeztter Urge Qom' Cotnor afraid Sedian 23; Thmtce following said southerly little iVorth 89°04`97" West a distattcx: of !,832.6 i feet 1'ta a €cauttd lf2 inch steel gin; Thence leaving.~icl southerly litre lriorth 22°69'32" West a di~atce of 529.19 feet to the PtJiid`f' L3E BI;GiP~TI'4t1, The-above desc~be+d tract cf land coattains 35.29 scree, rraore or less, subject to aU existing casements and rT~ats-of way. Prelfared Tay. THE 1,AND f3K0?LTP,INU. 462 E. 3IIt3RE 1?9tT'V]~, SY~TT'E i Q4 EAGT,E, iDA~1+fJ 83b16 20R-939-4t-~i 268-939-4445 (1'~"j sit ~' IBC ~ fl , s d8Z&Shoat]riv~$tt.1l~,~sgte,i+3~83Bfb.P93~.d~et1~~:J394445•~lpg~en-ma ®:~ca~n4lr~!~ f 1oso~i~,t~,lttn_~a~z~xiav . eR Z..s~,e.~oe Exhibit C -Page 9 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 /'~'' i rgs tatvrs oaou's, crfc. Dec~nl~t 12, 2096 I'ro2ect No, d5b21 T e~al I.lesrxipiion S€-uthridge Subdivision Rexaneto R-4 5~:I7 acres EDIT "A" A tt~t of lend fur re~tsae purp~s ~itua~d in the Suuthwe~ Ellie 4~uarter of the Nortltuaest Cane C,luarter ofStxticra 23, TuHmship ~ tdotth, Rangy I West, Boise Meridian, Ada bounty, idalto, clescra'bed as follows: Gornmerac3ng i:t a found brass cap trtcsnumesttingth~ West CSrx: Quaarter ~sf said Section 23 oa ttae centerline of 5. Tay Mile Road; 7'ln±nco following the westerly line of said Sectisrn 23 and the cs:nt~linc of said S. Ten Milo Road, North ~°5G16° Fast a distmace of 476.36'feet to a point, from which a fauad SJ$-inch ~ecl pin monuttienting the 3<tarth Cfne >~ixteeatd~ Comer common to said Section 23 and Section 22, Township 3 North, Range t ~W+~.t, Baise Meridian bears 1+lorth da°56'16" Bast a distance e~f 83$,34 feet; Thv°nce leaving said we~erly line and said acnterline, South $9° 16'08" East a distance of 634.49 feet to the POINT OF B1~Tl~TIvTTI`3G. Tkenc~ North fl6°3Z'S2" Wit a distance. of 2bS.26 feet to a point; Thence 371.22 feet a[ong tfite arc of a non tangent -curve to the left, mid cocoa havia$ a;adius of 1f01J0.00 feet, a central angle of 2116°t0", a chord b~rin8 of Nartit 7244.8'44" Fast and a ettcmd distance of 369.t~9 foeE to a,point; Thence South 27°49'21" 1~ a distance of 146:17 fact to a point Thence southeasterly 103.87 feet slorsg the arc ofa circular curve to the 1c>ti, said curve having a radius of 309.(10 feet,. a central: eagle of t 4°59`14", a chord bearing of SorrTlt 37°44'28" fast and a chord distance of 193.35 feet to a point: Thence South 47°39'35" Fast a distance of Z 17.64 fit to a mint; Tlteace masterly 399:15 feet along the are of a circular curve to tlzc left, said curve having a radius uf27S.00 feet; a central angle of S iii 7'16", a chord bearing of South 83°l8'13" Fast and. a chord distance pf358:~5 feet to a,point: Th~tce North 51°03'09" East a distanc$ of 575.25 feet to a points TheACe 336.7I feet aiang the arc°ofa non tangent curve to the right, said curve having a radius vfl;5a.0~ feet, a central esrgle ofd°4I'47",:a chord bearing of South 2b°fT3'44" F;est anti a .chord distance of 334.51 feel to a ,pairati Thecae 22750 feet aton;g the are of a reverie curve to the left, said curve having a radius of 275:(M3 feet, a e~r-tral angle ®F~f7°23'S4", a chord berg of 3~n?L'aajartda~h.+Ym~arr+3arF+~airsir~.p~ _, ~C'amard~tvtoa~A..~glAea»',~!'Gi'Cotr~rxhta~kn e&2 T?.°shrs'c F?ra+r,5rr, f®o, t;~tr, tdlxiw ~baG • r 2~.939~4&}t P 2(s$.4351.4~45 • n~vrmehrt~„cl~yE,~„,~ Exhibit C -Page 10 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 ~~ s.kiva caaour, avc. Sc~smda ~8°2~"52" Est and a curd distance of 221:0& feet to a point; 7`hence l 83.59 feet aloes the arc of s campnund curve tca the tuft, said curve having a radius of 483.9$ felt, a centtai Angie of 21 °4~'05a, a chaard tsesri~ of Sonth ?2°58'52" East sad a chard distance:Qf 1$2:50 feet to a point; Thence South 00°1#'Ot" Bssst$ d~ of 132.0(1 C-ec;t to a ptin~ Thence sauthvacsterly 83.52 feet along the arc of a chscutar carve tct the r1~-1, srtid curve having a radian of 55:0i} feet, _a central Angie of 91 ° 1 (3`32", a e~ard trin8 of South 45°21'( Q° West and a chard cftstance of 78.58. feet to a paint: Tlumce North 89°(}3'34" West a distance of 2U4.56 feet to apairm, 1'"tlence westerly 11 I.94 feet aloa~g the arc of a cirgtlar ct~vp to Clio. ri~tt, said curve.. ha'Pittg a radius Uf I30.t~D feet;; a cemtat angle oF42°45'25", a chard tr~irtg of North 67°4(3'52• West and a chord dis~ncc of i (19.6 feet to a paint: Thence Nnrtlt 46° 10'53° Nest a diste~nce of 89.52 feet to a point; Thence Sgrth $~°13"18" West a distance of T7:5Z fact to a paint; 'Thence westerly t 19.69 feet along the arc of a eixcular tauve to tta; right, said carve having. radius of 15b.f81 feet, a cenhal a~cag2e vf45°43'®7", a chord bearing off' South b$°Et4'S2" West and a choz~d distancx of i 1 b54 feot W a paint: Thence North 89°03'34" West a distari~ of 881.37 feet to a paitxi~ Thence narihvly 175.15 feet aiatrsg-the arc of a citrttler c-~rve to the right, said curve havir~ a z~clius of 15I,.00 feet, a cenFral' afngte of 66~4't12 ; a chord tfeuriag of Iniarth S5°36'3" West and a chard di~tce of 165:36 feet to a point: Thence North 2.1020' 10" West a distance of 247.65 feet to a point; Thence North 89®4p`35" West $ distance o€1$2.42 feet to (tee FOINT OF HEGIIdhTING. TAR VV1Z'):l<: A tracct of load far tcaone purpasrs situated in trio N®ath C7ne Half auai ilte Northv~esi (3ne r of the South Ones Quarter of SecBon 23, TAwnship 3 ?north, Range 1 '9t'est, Bois Merddaan, Ada County, Iitlal~, descn'1~i as foit®ws: t:ommericir-g ai a'fount1518-inch steel pia ~onumenting the least tine QasarEr's of said Section 23 an the centerline of S. Linder Fiaaci; Thetsee fattowitig tt~ casterllr litre of said Section 23 nisi the ceritetliae t>f said S, Linder Read, Nartit 04°$1'2tS" Fast d distattcc of 20.00 foal to the FC3IAl'T' C}F BEGFt~11~3JNQ, from which a fo~ect S/8-inch steel piu sr~g tfte trt$rdtst Cotttet' of said S+~rs 23 bears North tK3°41'28° East a distance of Z,b3i5.b7 f Thence leaving,said eastet'ly line and said centerline, North 89°(12'56" ~dest a distance of 283.71 feet to a point an the eeaterline of the Itidenbaugl3 Cereal; LnadpPruAffta'rer.SruA.p~1 - •~~rt»~n~os~'P-4dax~d'~ ~ acs r ~ t sue. ssss, r':a~Ie, t &-GS6 • P ~:ga9.aoar ~ .ss9Aaa3. n,~~.rt.r~xi tea; m c3:tr~nt~;asis~-~ s~t~losu2tl~d~,~sc~a~n_ostxs3p~a~~e_o~a_ts-~ za~:a"u Exhibit C -Page 11 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF MARCH 2, 2006 ~i aHS en~n CBOUp, 18ic. Thence fallaw the.ceaterline of said Ridengh t;,.anal the fo[lovuing tvaenty- nine t29j Caurses: North 32'''~7"~ 1" West a distance of 3533 feet to a paint; Alarthiwesterly 21;8.35 fact. following the arc ai' a e~rcudar curve to the lei, sadd curve Y-avirt$ a rsdiiss tt€6g0.t30 fit„ ~ central angle of27°32'OS",,a chord beating mf North'46°13'24" West aad a chord dis#ance of 285,38 r so a paint: Abrth 59°58`27" bVest a distance of ?3.72 Feet to ~ paint; Wt~ten3y 94:21 feet foldgv~ing the am of a circular starve to the lefl,. said e ltavitig a taditts of I2~:00 feet, s centtx+J and of 43°04`24", a chord bearing of North 8I°31'38" Wit a~ a elutrd distar~e of 8$.14 feat to a point: .~intlth 76°56'Q9" WSSt a dtstance of 93.79 feet !n a pnurt, Westerly $3.95 fete Fallowing the acve of a cirrudar curve to the right, mid ~nve having a radius of l Ofl.00 feet, a t>rntaal angle of 48°06'06", a chord big of North 79°4(1`48" West and a chord distance ®f 8l .~ i Eder. to a point:. Nnith 54°57'45" West a distance of 1 Q;.3I feet to a poi Westerly ~,l$ feetfcrilawing the arc ofacircularcurve to the left, said cun'+e having a radios of 120.40 fit, a t~ntral angle of 43®03'3Ct", a chord bring of l+torih?€°29'30" West and a r~ord distance aF 68:07 feet to a point: `a"outh 81°58'45" Wit a distance of 380.01 feet too a poim; Southwesterly 1t'sp.45 fec;t fnlfawing tha aro ot'a circular curve to the Ic~t, said curve honing a radius of 154.44 feet, a central angle of 61 °17' I2", a ehotrl bearing of Swath. 31 °20`49" t~!~t and a chord distance of i 52,91 feel to $:point: South 241'33" hest a distsnoe of 216:91 feet to a point; Sou westerly 262.75 few following the are of a circular to the r1,8ht, mid curve having a radius of 4~4.~ 8~t, a central angle of 35°50'36", n chord bearir-g of South 3$'36'51" West maid a chard distance of 2:5$.4$ Feet to a poim: Soudt 56°32b9" West a distance of 342:23 feet to a point; Norehwesterly 1tS66.9~9 feet foilowirag the arc oFa circular curve to the right, said curve having a radius of 63.00 fees, a cents! angle of 14?°12'46", a Ch+9rd beating oFldarrth 49°51'48" West oral a chard distat~e of 124.71 feet to a jto{nr» North 23"44'15° East a distance nF 144:?4 feat to a point; North 32®t)6'19" Ease a distance of 241.SQ feet to a point; 1 aaz t, s~ th~~r,:~. ts~, two, k~mUn $~usa. r 2~9:939.dtbat r ~.aa is ~ ~.~..At~„~a,~„p,e cr.~cata~,t7r#tr»da~rt~a_os~~ra ~ ~zt:R~a ~~:~c Exhibit C -Page 12 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF MARCH 2, 2006 ~~~,,,~~ ~r~""'~ Tt18 LkAFZ) 4$OUP. LAIC. Nor~rlp 139.34'f~t fallocr°rQg the. are erf a circvl~ curve tct the laat, s~d~ curve having, a radius of I SO:tlil t'eet, a c~enirai angle of 49°24' 12 a chord bearing ofNclrth (17°24'13"' East and a cltcrri distantx of 125:37 feet to a pp Ncsrth 17°1.T53" West a disEvnce of i 10.54 feet to a poinfi Nerrherly J 4!3.75 feet folinvw~ing ~c arc of a circular ~uve:to ehe ~ said curve ~avir~ a radius of 15U.tff? finet, a cent~l` angle of 5345'48", a chord bring s~f P+lot~ 09°35`01" Fast and a c,~rd distance of 135.64 fit to a point: North 3t's°2T35" East a dunce of 34.82: feetto a palm Y~iortheriy 39.27 feet fallowing t~ arc of a circular surge to the. left, said curve having a radlus of ~OO,mcl feet, a central aztgEc of 74°20°42", a chord be~iug of North 00°42'25" West and a chord distance of 3+52.53 fee#'to a Iapint: North. 37°52'47" West a distance of 369:31 feet tat a point; Westerly 232.$0 feet foltovuietg-the arc of a circular ctnrve to the Ieft, said curve ham+ing a raetius of 1.34.40 feet, a ce>xt'uI att~,le of 102°36'12". a chord beaxiar$ ofId+orth 89°10'53" Nest and a chordd~istaatce of'202.92 fret to a poirrt: South 39°3 f'411" West a distance of 141.Q1 felt ttt a pnifld; Westerly ~ 67.39 feet fpltowiug the arc of a circular curve to ~a rig~ttt, said curve having a rudiiuss of 70,000 feats a central aa~le of 137"00'4", a chord bearing of2Vorth 71°58'38" West and a cliorcl distance of 130.26 feet tv a point: Nottb 03`"2$' 17" Wi#i a dis#~tce af414,9i feet to a point; 1Jorthwesteily 18A.31 fact follovaing the arc of a ci~ul~ curve is the left, said curve iravlrtg a rar~us of 150.OD feet, a central eagle of 68°6`24", s chord !tearing of IVo~h 37'54'29" Wit and a chard distance of 1b9.65 feet to'a point; North 72°20'41 "West a distance of [ 50.79 feet to a polait; Wesiy+ 58.!)3 Ebel fotlovl~ the arc of a cir~iar agave to the right, said c~-re having a radius of 400i?0 feet, sa central angle ai 48°1 8'42", a clsard bearing of North GS°l 1'20" West its a chord dismrnce of 57.17 feet t0 a poinx: ?dorth 64~01'S9" West. a distance ~' i 94.7$ feet to a pointy Thence leaving said centerline, North 25®5$'01 " East a dish of 205.02 feet to a pointy Theme South fr+#°01'59" >yast s distance of I79.3G fit W a paint; lwdrrypr.4srAr)u~na -srkPbaru,;~.Carip _ . ,~ 462 G. Shaxa 1~~cssG tg6, Fes, tdraro 8'i4~6 • h .439.~i1 a;tirJ~nt°,,~u:x~~r~~,baozs~,~dt~~ ~ Exhibit C -Page 13 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 w '~ ~.._ T~a.nrvnaaour auc. Tkn~nce easterly 58.43 feet follovviilg the arc df a circular curve to the le+fi, said curve htiving a radius of 4fl0.OD feet, a car-oral angle of tl8° 18'42", a chord tn~ing of South 48°i l ~!~" I~ and a chord distance of 57:97 feet zo a point: Thence South 7224'41" least a distartcae of 145.74 feet to a pQrnt; Thence soutlteasteCiy 155:53 feet following the arc of a circular calve to the rim, said curwa having a radius ~f 360.®(} feet,. a central aogte df ~4®45'l g", a chord bearing of South S9°5$'45" ~ and>a chord distance of 154.32 feet to a ~irtt: Thence South 47°3S'31" East a dista~tce of 631.71 feel to a lrcairrt; Thence se~t#teast~Ip 57.53 feet fntlowiag tihc arc of a circular curve to the right, said calve having a radir~ of340.1?fl feet, a ceartral angle of 09°42'44 ; a chord bearing of Sot~}t 42x44'{39" and a c}mrd distance of 57.56 feet ttr a plaint: Bence South 37°52'47" Fast a d€srance of 369.31 feet to a mint; Thence southerly 298.25 feet following the are of a circular curve to the right. said curve having a raclin~s of 5i4.Qt1 feet, ~ ceaitral angle of33°3d'24", a chord bearing of South ~1°07'35" East and a chord`distance of 294.42 feet to a poiau: Thanee North $5°3i"37" East a dist~tsc of 128.09 feet to a point; Thenca: North 81°25'37" Fast a distance of i 82.24 few to a pacn~ Tltx North 8l°58'30° Fast a distaance o~272.96 feet to a g>#aint; Thence Norrth 85"35'3'7"' East a distance of 561.1$ feet to a point; Thence South 89°51'12" Fast a d'tstanoe of 75.44 feet to a point; Thence South 84~f 5`50" t a disttixnre,df 70.30 feet to s point; Thence South 78®37"14° Fist a di,~tance of 26.39 feet. ~ a paint;. Then~r Solt 7b°33'49"East a distance of51.32 f~tto apoint; llsence South 76°28'57" East a dish of'225.87 fit to a point; 'Fr'ance Sculls 63°22'St" East ai distance of 118:67 feet to a poirrt; Thence 336:68. feet follooaimmg the a~ of a non tangent 4urve to the right, said crave isavirag. a radius of 950;00 feet, a central angle of 20° 18'19", a chord bearing of Soatts 55°336)'47" East atad a cdsord distance af334.92 feet to a p~ain~ Thence South 42°22'43" East a distance of 42.1 3 feet to a point; Thy South 47°59'55" East a elistar~ce of 15fi.82 feet to a point on the terly Brae of said Section 23 and the ccatterlissa of said S. Linder 12oad; Thetsce following said easterly tine and said ccsaterlinie, South ()0°41'2ti" West a distance of 252.'72 feet to tip Y'UTA1°f C}p E~EC1Yi~IIVING. l p:~uGn~pr:.aedna+:#~aPluaslgq•~t~dutwrg+GaffCucadlrt~'ae~'F.aa~.Gr - ~ Af:a It. Shsa~ , Sec. ttbD, t:~c. t+iaMi 8357 ~ A x#8.+139.#439 rf t'~.~i~:aa+ts +~s~s+~rthrtamtori~eeirn~;edm (?~t.Ata1>:.sglrT~fn7~esrf29,AdrainC}.~da'VL.O$t2t2 ~utlxs~}e:2Y ~-A,rstrrcdee Exhibit C -Page 14 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR TH~ARING DATE OF MARCH 2, 2006 ~~ "rWE BAND G~HDUY; rNC The atsove descri6~d tracts ofland e€~ntain 50.17 acres, mare ur less, subject to alt exxistir-g easeai~eaDts end rights-c+f-wary, Prepared Sy: 1 HIr LAND {'rRtltJP, Il~FC. 462 E. SHt3R~ DRIVE, SUITE 100 F.AQI,E, t~AHO X3616 218-939#445 (FAX DEC ~ ~ ~~~ L~!]rrlddretvn • Sen F/am!d,~ • GsrlEa~i~i~ • Ga~~osrnlr~ztioa ~3'F.~irnfi~ •riC.nvv~rmvn n~a t: s~ n~,s~. ios, r. Idskta &3498 • h 939.9419 3~ 20H.93t3.AR43 • ~~ "'~actnnt±,n ~ainr~crna+ n:lc,~er~r~~~rr~tsla,~.~tn_asaa+a~~raa~, a~a~ ~-~~,~. Exhibit C -Page 15 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THETIEARING DATE OF MARCH 2, 2006 ~~ r s-'~ rxa Lnavo e~our, irtc December I2, 2Q06 Pc~,~cct No. OSQ2l Legal D~ctiptian Southridge Subdivision Rezaae tQ R ~ 115.65 acres EX~$IT "A~' A pact e-f land fo~pr repz~o,,r,~~gurgcc~ses ~ituat~d iri the Nc~ztit Ot~ Half of Section 23, `l~©WtiSlYil? ;~ ~O. c'4 .`m"tra`' ~ ~ l;<U15@ ~$Tldt~-' /~f~3 ~i?~lPlt~, ~~C), ~P'S€CI ,~. follows: Commencing at a found brass ~ manuntenting the SVe~ct One t~aarter Omer of said Section 23 on thenenterline of S. T~ ~~7e :Roast; Tlumace following the vwesterly line afraid ~uect#an 23 and the centerline af.~isi S. Ten ibl'tle Road, Naeth i10°56't 6" Ease a distance of 47E+.36 fceY to the I'tj1NT OF 13EG1i~N1NG. Thence follnw,'ng said westerly tine-and sa#d cenberl#ae, North AO°5ti'ld" East a distec~e.of~38.34 feat to Ei found S/8-inch steel pits mottttrntirtg the North f~iite S#xte~tlt Corner corstirton to said Section 23 anal Section , Township 3 North, llanga 1 1Vest, t3oi~ Afleridian; Thencs followi~ said westerly lice card said centerline, North ~°56'23" Fist a distance of 672:43 facet to g point; T}mmce South $9°ff~'37° E~sL a sTsstance of 23 OU Wit. to a point; Thence Sssuth 34° l'02" East a di~ance of 255.76 feet to a pvirtt; Thence South 21 X08'47" East a distance of 141.59 feet .to a point; Thence Scully 2l °4fi°S~° Fast a distance of 332.62 feet fa a point; Thence North 01°24`08" East a distance of I l l .t3tl feet to a xxsint; Thence 1Vorth 45°20'23" East a d#stamce of 201.3$ feet to a lmizrt: Thence Nsst3h 13°I O`43" tt s##siance of 13$.68 feet co a ~3nt; Thence IYordt 26°09`07" ~V'est a distance c-f 330.77 feet to a gsyint; Tlyenc~ Narih 14°01'4"' West n distance of 273.94 feett to a lsai;nt; Tl~yc,e Nai#h 13°l l °58" East a distance ®f Iti6.51 feet to a paint; Thence Ncyrth 37°00`03a East ti distancy: of 1 I8.62 feet to a po#nt; Thence Nor0a 00°44`33" East a d#stance of25.00 fcet. to a point on the northerlg lies of said Section 23 and the center of W. Overland Read;. Thence folh9wmg said northerly lime and said centerline. South 89° l 5`27" East a distance of 186.37 feet to a poiy~ Tltsncs leaving said northerly line and said renterdine, actuth 00°44`33" West a di~anae of 115:53 :Feet to a paint ott the centerline ofthe- Ridenbnugh Canal; 1 L~ugj~aAtrbFtarlam.~7uPd~vo3~" •G7p3fB~i~t~roF$ •l~my~ jn+PF9'F~iaa?fi+~ •Gse~r Ab2IJ E~rocr t?eise, Sts. y0R:1:sp~le. Tc~6i° ~t 6 ~ !' .934A8dy r X939.4493 • C~1C.A't~~tic~IcTcma<F~t t~27\+`islsninlllt! d3t~1?~wutiiriJ,gr o§fl29;,;1t-8_~,twsdae Exhibit C -Page 16 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THARING DATE OF MARCH Z, 2006 `•- ~r '~. r T&}S LAtRD 61lOUP, 7N9C. Thence follnwif~ the cent+erlin® of~id Ridenbaugh Canal the Following tEVo courses: mouth di°44°37".bast a distance of455.14 ft~f i~ apoimmt; South 7~°3T50" East a distance of281..91 feet to a pout; Thence leaving said rentc~litte, mouth Oa°45'43"" Wesi a distance of 50U.71 Feet to a paint; Theme South 65°39'49" West a distance of 276.09 feet to a point; 'lYie Savttt 00°4+6'43" West a distance of 302.1.8 feet to a paint;. Thence Stttath $'9°t7~8" Fast a distance of 4511.00 feet io a points 7"hence l~art#t Ol}°4'7`23° East a dtstaara of 864.34 feet to a paint on the eettterliue ofsaid 11;idenbaugh Canal Thence fogowitt~ said eent~line the folltrvving six courses: South 63°48'i 3" East a distance of 65.91 feet tar s point Southerly 348.91 feet fojlowing the arc of a r3;rcular curve to the right, said tntrve having a radius of 100,flE1 feet, a ceattaI angle of 8$° 19' 12", a chord besting of South zl°08'37" P~ and a chord distance of 135,53 feet to a point; South 22°29`02" Weska distance of 92.69:Feet to a point; Southeasterly 173.93 feet fa4lovvi~ the are. of a eitvattlar curve to the leR, said cur<+e havi~ag.a radius of75.00 feet, a central angle of 132°S 1'30",.6 chord bearit~ of South 43°5.6'43" Fast quad a chord tlistsnae of 13750 feet tv a point; North f 9°37"UO" t a diereses oF94.62 feet to a point P.asterly 320.04 feet fallowing the arc of a eirctdar curve ~ the right, said curse Having a radius of 375:00 feet, a ~nt~tl angle of 48°53'57", a chord b~easin$ of South 85°36'92" East and a chord distance of 310.42 f€~t to a paint•,: $outlt 61 °29'U3° Fast a distanro of 150 70 feeF to a pointy Thence Irving sad centerline, Noah 00°48'16" P~ a distance of 353J 7 feet to a point; Thencx 1?5,79 feetfallowing the arc of a non tangent clove to the left, said curve having a rtdiu9 of 5t~.fitt feet, a ceritrai angle of20°OS"37", a chord bear;t3g of North 85°52`34" Past and a c~xd a;starce of 174.88 fe©t to a point; Thence North 75°48' 1 ti" l:~st a distance of 49'7.22 fe.5t tg a mint; Them South 89° 11'4+4" East a distance of 633.61 feet to a point; Thence South 00°4S'49° West a distance of 52$96 feet to a paint; Thence South 89°19'29" Fast a distance of 1$4.28':feat to a ptain~ f >A+dsrasTrue~SihFfa+,~in,~•Citv1' ,t.~xmrln~tiepY3•I:'~.G.1rGom.u~ba 46z Ia, fiharc 1?sior,;.atc. ice, I;~i~ TdaPm 93G]$ ~ ~Z98.439 ~t T ~979.+6~}S ~'~ 'a~.3p.~,{ ~, t',:~e.~r~~t~•a~•rRrl~oatt,~a ~t~t~a+sr ot~#•s ~c:~ Exhibit C -Page 17 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 f `~ ~~ THE LlIMD 6HOLiP, 3A(G Thettes south oa®40'31 ° tiv~t a distaff of 71:9 f~ to a poitct; Tl~tce ~-utherly X7.18 fit following the arc ofa circular curve to the right, said curve having a radius of I 50,00 feet, a central angle of 18°134'56", a chotvl bearing of South 09°40'59" Test and a chord distance of 46:97 feet by a point; Thence South 18°41 `27" West a dlstattce of 231.33 feet to a mint; T1re~tce southwesterTg 58:35 feset follavving the arc of a circtii~r curve to the right, said curve haaiug a xadius of 100_ feet, a c,~ttr~1 angle a~ 33°25'46", a chord beadn$ of South 35°24`20° West. end a chord distance of'`57:52 feet. to a pain Thence Sleuth 52°117'13° West adistance of 171 ~$ feet to a pcsiar~ Thence ldotth 47°3S'31" West a distance of 593.32 feet to a poim; Thence northwesterly i 55,53 feel following the arc of`a circular curve to the left, said curve itavln~, a adius of 36U.OQ feels a central angle of 24°95' 1()", a elxord !tearing of ldorth 59°58'06" West and a chord distance of 154.32 feet to a poir-t: Thence North 72°20'4i" West a distat~e of 14b.74 feet to a point; Thence wesleriy 58.03 feet following the arc of a circular curve to the right, said curve batting a radius of 404.E feet, a centre! gn$!ee of 08° 13'42"> a chord bearing ofNorth 65° 11'20" West anci a chord dist~ce of 57;98 feet to a polar: Thence IVoxth 64°01'59" West a distance of i 7936 feet tci a polar; 1'hrnce "wuth 23°58`Ol " West $ thstance of 205.02 feet to a point on the centerline of'said Ridenbaugb Canal;. Thence following staid c~ttettine the following four courses: Sands 64'°()1'54" Fast a distance of 194.78 feet to a,ptaint; Easterly 58.1!3 feet following the. arc of a circular curyz to the left, said ct~ve having a rrrdit~ of 40Q:00 feet, a c~ttral angle of 0818'42", a chord bearing of South 68°11'20" Fast, and a chord distance of 57.98 few to a ,point: South 72"20'91 " East a distance of I SA.79 feet to a pnirrt; Southeerly l 5031 Feet fvllowin$ the aec of a circular curve to rite righta skid curve having a radius of 150.40 feet, a c~ttral angle ofb8°52'24", a chord heariug of South 37°54'29" Fast and a dtord distance of 169.b5 feet to a poim: south 43°2$'17" )Vesta distance of411.33 feet to a point; Thence leaving said cenlerlirle, South 86°31'43" 4~Vest a distance of 1913.50 pct uo a point; fi}te~tce `Cdotth I5°t?7'20" West a distance of 122.50 feet to a polar; Thence 77,62 feet following the arc `of a non tangent curve tc7 the right, d eurve having a radius of 50:00 feet; a central ongfe of 95°35'25°, a chord bea<ittg of South 79°54'50" Nest end a chord distance of 79.61 feet to a point; Thence Narth'12°17`2$" Wit a distaaoe of 172.81 feet too pt>int; 1B~c..a~mu.,sra p~~a ~-~~'~ mil' du ~:~~• t srs:re tame, s~ tfla, tj t~da4co ssb~B. ~ ~.~ssat~t r aaas39 Raay. c+:4e~aalraseci;~c445~?:r4~s&a9n4~.c111n~tatzthrki~c ~~921_R-B_.iiex Exhibit C -Page 1 S CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 .~~ ~~ roe ae,~ ru ca®ur ~av~. Theme South 20° 11'27'" West a distarttce of 103.27 feet to ~ point; Thence North 6'7°'35'34" West a disttut~re of `I 12.6 few to a Pointe `fhence North 39°~~55" V4'est a distance of 8531; fleet tq s ptrim; Titer North 25°3Sfkig Wrest a dis~tsance of 45.73 to a point; Thennce Not~th 80°(39'3" 1#rest a d~an~ of 97.30 feet to a point; Thence Synth 14°38"04" West a dtstarzc~ of a 30Ot1 feet to a point; T~noe Sfl~ 391'02" Vtrest ~ distance of?5.0~ fart Te a point TAer-ce 2QI.33 feet foltowizrg doe arc o,Pa non t c~nrve to the right, said curve Staving a radius of 85t3.0t1 feet, a ce~rai :angle of 13°34`11S", a chord bearing of South 44°11'50° Past and a cdtord distance of 200 8b feet to a point; Thence South 51°3'09° West a dst®n~k of 575.25 fc~t to a phut; Thence y`'ll+ 3411.1 S felt foil©wi»g file arc of a circular curve. to the right, said cure having as ratliWS of 295.OU feet, a central aQgle of 8t °IT f 6°, $ chard tsearing of North 88°t 87 3" West and a chard distance of 358.25 feet tc) a point ~henea North 47'39'35" West a dlstanoe of 217.64 feet is a point; Thence ~tthwesteal~ 1113.87 feet following the ara of a crr.uler curve to the right, saki ettrve having a t~iius ot30(?.QO feet, a central angle of 19°Sli'l4"p a chord.. bearing of North 37°44'28" Wei and a chord distanca of 103.,35 feex #ti~ a point; Them North 27'°49`21 ° West a dY~taace of 146.17 feet to a Paine; Thence 371.?.2: feet fatlotiving the arc of a non tangent tutrve to the right, said curve having a rad3ns of 1,OOt3.OQ fect,,a een~al aRglle of 21 °16'70", a chord bearing of South 7Z°48'44" best a~ a r,[[ttturel distance of 364.09 i~Cxt to a point; Theme South 06°32'S2~ a distmEttce of 265.2E met to a point; Theme North $4°I 6'O8" West a dtStBnC~ tff 630:44 feet b@ th0 PtJINT 01= $~CINNING. '1~E?$ET> W~'CH: A tt~actof land far rezone pins situated in dte Northeaat flgne fjuarter of Section 23, Township 3 Ntrrth, Range 1 West, ~ais^e 14ieridian, Ada County, Idaho, described ~ follows: Commencing at a found 518-inch 1 pia monetmenting the bast E?n~e (quarter Corner of said Section 23 on the centerline of S. Limier Raadr pence fallowing the masterly lid of said Section 23 alai the eenteriitze of said S. Linder Rcu£d, North #Q°4i`26H East a distance of 272:?3 fit ty tfze ljt3IN~" OF i~EG1NNiNG, fcom which o foutgsi 518-inch-steel pia mummtenting the Northeast Comer of shad S~tian 23 bears north Ot)°41 `~6" Fit a dista~e of 2,37'1.15. fit; Ie~lrrrn7aa~~e •Site:Flmaeie~ •Ci~I ~iaer'.~ •Ga~Caamul+rigrtlec d?Litt~,i^.raCa anz rr s>,~ u~; etc. tt~o; -~, t~ bra • rz~.s+~avnt rss~:aaas~~~~~,~~~ a:lGlsri~,ale'Crn~EerF~\~502t1A~lnria\i.ei~ ~i121~,sa~wcl9rstg~A~ZI_~:s_asurca~ Exhibit C -Page 19 CITY OF MERIDIAN PLA~]NG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ors, X11.._. ~~ ~ ~~~ Thence leaving ~iad easterly tine and mid centerline, North 47°59'$5" West a distance of 1 ss 1ivt.fect ~ a post; Thence North 42°22'42" Vilest a distartcc of 42.1 ~ feet to a ~+.iiHt; Tharce 33b.f:7 fit following the arse of a non tangent curv® to the lerft, said curve hevittg a toclitzs of 95030 feet, a central ategle of 20°l8' 1 rl", a: chord hearing of North 55°30'7" hest and a chord distance of 334:92 feet to a point; Thence North 63°•22`Sb" West a dish of ] 1.$.67 feet to at point; Thence Notch 76°28'S7" -West t; distance o f 325;$7 feet to s point; Them North 76°33'49A V--est a tlistans~ of 5l .32 feat to a point;. `lttence North 78°37' 14" Wit a dice ®f 76.39 feet to a point; Thence North 84°1~'SO"'V~'est s distance o€ 303 feet to a point; Thence North $9°51' 12" 'P4'ast a distance of 75.00 fact to a point; Thence South 85°35'37" West a distarrc~ of 50. l8 feet to a point Theseoe South 8l°58'50° West a distance of222.41 feat ti} a pOtnt; Thence Sottdt 81°32'St}" WcSt s distance Of 232.79 feet to a paint; T$iettts: South 85°37'37" West a distance of 1.28.09 fed, to a point; Thence 232.56 feet folltawirtg fire arc: of a ncn fsn$en€ curve to the Ie#t, stud curv$ having a rmdius of 514.t3Q fee4 a canes! angle of 2S°07'8", a ci~ord bearirep, of North 17°2d' I2" West and a chord distancez of 230.55 feet to a paint; Thence North 52°07x13" East a distartre of 173.34 feet to a paint; Thence northeasterly 350.07 feet following the ate of a cirtr curve t.o the said curve hsvirag a radios o'f ~iO.Od feel; a central angle of 3325°46", a chard becring af'North 352#`20"' East awl a a}~ord distatze~ of X45.13 teat to a point; Thence ;Vomit 18°41'27° a distance of 189 ~& feet tci a point; Thence South 71°~ti`33" Easta distance of8i,Q4 feetta a point; 'Thence stautheastc#'ty 172.27 feet fsrllovuing the arc of a circalar curve to the right, said carve having a andius of 3D0.0t3 fc.~w, a centra3 angle of 32°S4'01 ", a chord taearmg of SoutI15;~®~ 1'32' Iasi sail a chord cizsta~zee of 169.91 feet fo a mutt; Thence 705.$7 feet fsUoann~ the arc of a reverse curve to the left, said carrve having a radius of 740.00 feast, a central angl,a of 54~39'I2", a chord bettrirrg of Struth bS°44~" East and a chord distance of 6?9.41 feet to a paint; Thence North 00°25'3Z" East a disiacrce of~8.b3 feet to a.peiat; Theuae ~Spu,~t6h ,8y/9~°~3S 14'28" 1Ey'a~sr a distance o~fy.5tQ9q.G8~0~i7'aet to a potint; Thence ~OUfli W7 Yf t26a 9{'(~t p1 digt~nrie. tJi laWd. I 1 try 1.LLa POINT ~)? BEf.}IAtNING. Ilntrl+rojFa~d~aeAroe r58ar1>Ga~:rCabdL'a2ti'~i~iR! •Gv~'C'araredm~ina ~'@ r~isCpgp[JA 442 r3. Sht+rc I?ttv~, 3tr.1~, £s, !d8]Iq 8$4114 ~ F 2t~.43#J.7 h ~IIB+'939.q°145 • a wr ~!a~~ayp~;y...~~ a1r,~~r~~r.~~,~rer~aeslas~rt.~r+r~&,li.~aUt ~r2~u~„osaar_x-s_~u~~a Exhibit C -Page 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~~~ ~~ `rNE F,sufl t~aotae, inc. The abcsve descr-bed tracts of Iand 1 15.65 acres, more of Iess, subject to all existing easements and rifts-of-way. Prepatesl }3y: THE LAND GItOU~, JNC. 462 E. SHORE I?ItIVE, SUITE I00 EAGLE, IDA1~U 83616 20'8<939-4(341 208-93~--4445 ~FA~ ~ItaN 1~I.t1: wt~acs tom: 1 tij?tr1rs7G~/e9nnP •SHe PA~e~ • y t?-~+:ena~g • GmIJ'ee~uar~,~rrar,+,;• c~q,+RUSiu~ .Grry~a+d,~ cvs~saiumran dG2 ti 5Loec t)ts~~e,Srr. Pt~D, l'saglc, fdn6u 83G7ba fa ~8.9~9.<f011 F x.93`9.9445 • ~lgmfmog~iaccnm C7:~C.r9I31ta~ie1'aan;~frrFilcstD5tk211,Rslndn~,l.r~a~\fl GK,F282_ornutircielgr OSd1'32 tt.g_mn~,lk~ Exhibit C -Page 21 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 f~,~'~ ~~ 7'fi2'. LAND QHOUP. INC. Dece>tlber l4, 2005 >~,~ rlo. ~so21 Legal l)escriptitan Sauthrid~a Suladivisian Rezone to TN_R G5.60 EIr~IT ~A" A tract of land for rezone ptnpases sitaated in the Nsnth 4ue Half of the Narehwest Otte Quartet of Section 23; 'f'avuztstuQ 3 idort~r, Range I Went, Boise Metidix~,1#da Couttt}+= idalto, descnb~i as follows: Commencing at a faund brass ~ rnantstrtenting the Nsatfawest Garner of said Sectian 23 on the czrtterline bf W. t?verland l2.nad; Thence following tlx t~rtheriy line cif said Section 23 and the centerline of said W. E7verland Rand, South 89°15'27" East a distance of 4G9.7~ feet bo the POINT OF BEGINNING. Tlteaaee folio~vatg said nat4bexly line and said centerline, South lI9° 1527" East a distance of 832.51 feet to a point, a found ~!&inclt stl }sin rinanumendng tI~e West Ors Sixteenth Gor cansmon to saki Sectia~ 23 arsd Section l4, Tawnsltip 3 Narth,l?;atsge 1 11~est, Boise Meridama !leers Souk 89°1S'27" East a distance of 23.91 feet; Thence leaving said nurthe;ly :line and said centeri't~, South 48°44'14" East a distsltce pf 539:65 feet io a paint, Thence 5b$:12 fs~t fdfiovving the arc afa nantang~ curve to the ie#t, said eun+e having a radius of i,OQO.Ua f eat, a central argyle of 29°x'49", a chord bearing of Sauth 2-S°~2°2l " West attd a ~chesrd d35tance of 5b2.61I #edt tv a goint vn the. centerline of the Ridenbau$h Canal; Titvsnce fallawing said centerline the hallowing six courses: i 67.$S feet faitowing fire arc of a rlon tan~lt curve to the right, said curve hevirtg a radius of 7S:4t1 feet, a centsnt eagle of 128" f 4'U4", ~ chHord bearing. of iVarda 4l Q37'28" West and a chard distance of 134:95 fit t® a l~~i North x°29'35" East a distance of 9Q.9~ Feet to a paint; ldartherly 150.55 feet follavvisaig the arc of a circular auve to tike ie#1, said cttrvp Having a radius of 100 ~0 feet, 8 central angle Af 86°I5'4S ", a chat~l bearing of Narth Zfl°:3~7 ~'" Wit and a chard distance of 13.73 feet t® e point: Atorth b3°4li i3" Wes# a dunce of 124.40 feet to a paint; „,,,~,,,~.w~ 1 .~....» /.= a?~ta7ara-• Sitr Alan9~ ~Citr%ir~pi~p ~~tCp~pm• jm*~aiap y~`%porri~; ~ (p`r,~~ir =-83 d:.'.~c~sa rhfvr. Ste aIXi, E;o~r,ldatm 83Gt6 s P ~dkA.9,39.~tb9t 4r 39.d4S5 ~ n:t€„4t31r+.ag4c1°KattsPcrl~lca\Cr4tl~t'irle~all:~G\A 1a69ZN..~ tf5D21_w-~ znne.d« Exhibit C -Page 22 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THEXRING DATE OF MARCH 2, 2006 ~~ Tt°t)r S,1rdD 690Ut': YNG- North 73°3'7'st3°' West ~ distance of 414.94 feet to a poise North 6I ®44`3.7" West a distance of 4SS.14 feet to a gY~irtt; T'Etetie~ leaving said centerline, North 00°d4'33" Fast a distance of'! 15.53 feet to the Pt3IP1T OF BECIPfNI1Vi}. A tract of land fpr ruse purposes situated in the lei®rih One Half of S~tiop 23, Township 3 North, Rye I Nest, I3oise Meridian, Ada cormty, Idshn, described as follows: BEGINN1Nt3 et a found brass ~A trannrs+nentingthaNorth One Quarter QFs~id Soctadn 23 on rite centerline of W. 4verlaad Road; Thence following tlse northerly lure of said Section 23 a~ the centerline bf said fib'. overland Road,. S 89° 19'41" East a distance of 663 ~2 feat to a point; frasrn which $ ftarsnd X18-inch steel pin monumartting the I~lottheast Corner of mid Seetiotr 23 bears South 89°19'41 ° F..act a dish of 1,996:31 fit; Thence lcauing said northerly line and said cerst~°lne, South 4t3~38'S5" VVesit a distance of 359,66 feet to s point; ThcatY~ North 89° l 1'44" West a distance of 633.61 feet to a mint; Thesx~ South '75°4.4' 16" West a distance of 497.22 feet to a point Thence 175.?~9 fast fallowing the arc of a circular curse to"the riglei,:s~id carve having a radius of SOf3.~U feet, a c~tral angle of 2(3°(1$'37", a chord bearing of South 85°52°34" V6te~t and n clxrrd distance of 174.8(1 feet to a ~risrt; 1'hexrce South 00°48`9 ~" Va~est a distanco of 353.17 feet to a paint on the esnterline afthe Ridenbaugh Canal;. Thsbrrce following the tertirse of said Ridenbauglt Canal the following three G4U1'3~; Nazth 6l °~9't?3" West a distance of 15D.70 feet to a point; 32Q;04 Feet following the stn ofa circular cures ttr the left, said curve havirr$ a radius of 375.(10 feet, a central angle of 48°53`57", a -chord Ding ofNarth 88°56'02" Westattd a chord di~sce cff3lti.42 feet to a fit: South ~69°45'2~" West a distance of 100.69 feet to a point; Thence leaving said centerline, 1,372.0.1 feat follov~sng the arc of a non taargt~nt curve to the ri~hht; mid curve having a radius of 1,00~+.d0 feet, a central angle of 9$°36`3?", a chord bearing of Id'orlh 51'27"17" and a .r.s~~~r•~y •rra~'t?~r~tioaa~nis,~.~r - g ~rsz r~ xe~ rirtr, r?ngrc, rasare s3ar6. r.43~e t~ .9~.~aa3 • o:~~tratr-,~ ~r ser~,etrtq_vwsra~xmr~a_.~c Exhibit C -Page 23 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~ ,~.~ ms L~aea aavtm »ac .chord 4istaace pf 1;2&¢.90 feet tee a pohtt An file ntsrtlte~rly lute of said Ssctioa 23 attd the cent~linc oPsaid W. t;3verlattd Rcaati; ThecTCe Pollvwit~ said ttotrly lute and said ceaterlifle, South 89°14`25" East s~ distance tsf 1?9.33 feet to the Pt3TNT t?F >3LG12~fNIiVG. T WITH: Cc-mmeneing at a Pound sf$-ia~h ste~i Isis monuating the Narll~st Garner of said Section 23 on the eentedine of:S. Littler Itosci; Thence following the east+~iy Iiste of said Sec~lloa 23: and the certtetline of said S. L#Itd Road,. South OOp41 ~f," Wei a distance of 639.61 feet to a fotusrt 3!8-inch st~l pin, fronx which ~ faamd 5/$-inch steel pits monuere~t#ing :the: East ~t~ Quarter of said S~tios 2~ (Teats South QO°4I °26° We3t a disc of 2,fl11.06 feet; Thence teavirtg said eester2y line anti. said cQnterIitte, North 89°19'4]" West a distance of 199.23 fleet to a Pound S/8-ittch`steel pin, Thence Soitih 00°4B'26" West a destaxtce OP224.62 feet to the P91NT t7~ $1;GIlG; Thence Sot2th DO°41.'26" Wt~St S ~Jistant~ oP25.3$ feet to ~ ppittts Th$stce Sdttt#t 89°19'4 i" East a distance of 15-9.25 feet b®a found 5111-inch steel pia as said esr3y iiue ar~ci said e~nterlitte~ Thence folktwhtg said. early line snd said centerline; South 00°41'26" West a dim of 425.63 Pmt t®a ~trint; Thence leavipg said easterly litre attd said centerline, North 89°34`28" West a distattt~ oP509:80 feet to a paint;, Thews So~Ft 043°25`32" West a distance oP2$8.63 feet tai a point> Thence ?45.87 feet following the akc of a non tangene clove to the right; said curve havir-g a radius: oi' 74t).tg} fit, a t`enital angle of 54'39'12", a citQrel bearing of I~lorth 65°44'Q$" West and a chord dis~nce of 6'79.4 } feet to a point; Thence i 72:27 Pee# folkswittg mrtT nPa rise curve to the Left, said curve having a radius ot'3tb.0i1 f~i, a central angle of 32°34`01 ", a curd bearing of Norti# 54951 ~3" West: and a chard distance of 169:91 feet tcs a pint; Them North 71918'33" West a distanc® of 41.94 Pelt to a point; Thence South 18a4i'27" Were a.distance caP 189.95 Peet to a poiatta Thence sQUthvaesterly 35:07 feet following the arcs of a citrutar curve to the right, said ctnve having a radius of 600.fl0 , acentra[ angle of 33°25'46p, a chord iTearing of Seittth 35°24'20" West. and a ehortl dist~TCe csf 345. i3 feet to a point; Thence South 52°07' l 3" West a distance dP 173:34 feet to a point; Thence 65.69 Peef following the arc of a non tangetat curve teethe Left„ mid curve haying a raditas ®f 510.01} feet, a central angle oP07922'4'7", a chord bearing oP North 34"11'23" V4~e~ artd a chcTrd distance of 65:64 feet to a point; / 3 ~~t lerig4bu a~aai~ A lj 2tJ8.939:+6453 • ~ Exhibit C -Page 24 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 _ w~ ~.~ r~ t;Aeun cxour, exc Theme Neudt 37°52'47" 'vest a distanre of 369.31 fact to a~ i~ntb Thence ~arihvresterl3~ 57:63 fires follovring the; ate of a eifcular curve w the IhR, said curve having a radius t~ 340.06 feet, a ~ artglea of 6°'42'43", a chord Itg eyf North 42°44`0$" Wei and a chs~rd distance of 5?:56 feet tes,a poiatt; Tbenee forth 4i °:35'3l" West a distance of 38.38 fit tt~ a pout; Th~tae North. ~2°O7`i3" T;ast ~ distance off 71.46 fit tc a point; The~e3 norrly 3835 f ~t fallovring the arc of a circular curare to the lef3, said CuYVe3 havitt8a tadius of 190A0 feet, a eett#rds! angle of 33°25'46", a a&ord baring of Afiorth 35°24'20" Rest and a cfaotd distanc0 of 57.52 feet to a pc+iat; Thee I+l+4r#h i 8°4l'27" Fast a distance gf 231.33 feet tea c-prim; Thence nartherJy 47.16 feet follovrin~ the. arc of a circe3lar c to the ie#t said curve having a radius of i3p:t~ feet, a exntral angle of t8°90'56", a shard bearing: ofNordt 99°40`59" East aad a chord distance of 46.97 €e~ to a paint; 'Thence I+tortlt 00°40'33" East a distance of?1.94 tax ~ apoint; Thertzc~ South 89°19'29° a distance of`65.72: feet to a Poiaat:. Thence North 00°38'49" Fast a dis~tae of 532. t 3 fees to a 1~oint; Thane 66,01 feet following the.at+e eaf a nQe tangent curve w the tight, said curve having a radios a>f 325.Ofr feeu, a central angle of 11°54`21:",: a chord ~ of Se)uth 7l;°l 5'55" and a e:hard distance of 67.88 fetef to a point; `Thence North 1 ?°43'45" East a distance of 100.00 feet to a pain;; TT~tce.62.82 feet ti3liowin~ the xrc of a non tangent ctnve ifl the ri$leE, said curve havit~ a radius of 425.49 fem. a central angle e3f 08°28'05"; a chard 6e>aflng esf South 68°02°12" East and a chord distance esf G2.76 feet to a pointy Thentae South 63°48'{3!I" E: a dista,tc~ esf 223.27 fit to a paint; Theme seyuth~ste:rly 148.84 fe:ef fvlIowitt~ ffie arc of a ~ireulat curve tra the right, said curve having a xadiuc of 425:00 feet, a central angle of 26°48'31 ", a chord bearing ofStn~ 30°23'54" .East and:a eheard distence.af 147.03 fat to a point; Thy South 36~39~8" # a distance of 7t1.S7 feet,ta a point; Thence ~atla 49°43'46° East a dishtae; of 25:t?0 feet to a poizrt; Tttcnae 37.30 feet folle~vaing ~ are of a non tangent curve w the left, of said curve having a radius of 100.0!3 f feet a aintxal angle cr~'21 °22'i 0", a chord 'Dearing of North 24°33'09" l=ast-and a chard alike @f37.08 feet to a Point; Theme 1~Iarilt 1$°52'04" East ,a distance of 13.93 feet to a pointi; 'T'hence atortherly 83.72 fist following the arc of a circutar aurae to the tsft; said curve having a radius of 335.$0 feet, a central angleof 3S°19'18". n choni ofNotth QI°12'23" Pastaad achaxd dist~tttce of82.40 feet to a Point; 7 hhce B~Tarth S4°39'2b" 1"a~ a distance of SiJ.bO -feet to a mini; Thence North 59°2.5'54" Fait a distnttice of 38,74 feat td a ptrint; 't'he$ce North 40°01'54" Fast a elis#ance of t 1146 feet m a paint; 'Tlgence Soetttt 4a°31']i)°' Fast a dis~nee of 2 t4,73 feet to a pohtt; Tlzenae-South 36°34`94" 3:,ast a distance of 50,06 feet to a point; 1 ,/Ud~tslmr r.€ka • t~w7tigq ~ ~'~bxrn l e3. • C.m~ir af,2a„..set9a~,ir G,,t~,°assia+P:83%.an~tr~.939.4445• ' ty:~CzLt3ii~~gk'A'~naferts~bSfl21l~1dmiat~l.c~is'kI~ t~i344 ~uthrk1~05921_rnir-~ Exhibit C -Page 25 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THEITEARING DATE OF MARCH 2, 2006 ~~. .~.-~ ..~.~ x,~~ LAPi73 cROVi; a~otC Thence South 49° l6'Q(t" East a distance ®f 343:92 feet to n paint; Thence Sntlih 62¢09'27" t a distance of 379.49 het la the PO3~' OF E~t3ll~J1VIN~3. The above described tracts of land ~ntain 65.60 ~ more or less, sutr~~t to all exist-ng ea.ents and rights-of way. Prepared By: TEiTy X I~ND GROiJP, IltilG. ~i62 E. SHORE DBtI'~l3„ SIJI`I`E I OU EAGLE; IDAHO 83616 2U$-939-4041 208-939-4445 (F'AXj cva+. ~~ '~ , ~~ORKst~1'T C J ~ Atctri/edem ~.Si~e,~Jue •Ctin~J - lm~8an ~}` ~~4!~~E ~ ~rr~rddrC.~aairctie® a82 4 ~ ~hesm tlaac; :4tc. 6fSE1, l*'~tc, I 8361b • P 2D~.939.4A9t !S 2A8?139.dM15 ~ nvay~.Au•Im~chrC«m.~^~s ~csm c~'1ltai,~Tran~rl1t45cn~fi.~vminl~~Il_4~f~I~ r~oza_m~~2~trc Exhibit C -Page 26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 1r ~~,}- ~~~ ra$ LXaan GBOLiP, lane, De~tber 14, 20136 Prsjeet l~To, 0502I I.aga1 Description Sou#hrldge Subdivasion Rezone to LE! 3.48 acres LICHIBI~ "A" A ttact of Iarcel for rezone purposes sites;~ In the Notch Line Half aftise Nott6w~st dne Quarter of Section 23, To~nstaip 3 North, Mange 1 Wc3st; poise Meridian, Ada County, Idakt-; described as follows; Comnsencirag at a found brass cap arkonumenting the N'arthwest Comer of saial Section. 23 an cite centerline. of ~V. Overlsad Read; Tbencc foIlcawing the northerly kne of said Section 2:} and the centerline of said W. Overlaaci Road, South $9° 2 5'27" East a dist~ce of I302:317 feet to the Pt)INC OF I3SGIM~IINi3. Thence following laic! aroxtlaerly line and said centerline,. Scutt 89°i5`27" Fast a distance of 23.91 feet to a fourni S,B-inch stt:el lsim snenrapsetiti~tg ~Td~YCir-e Sixteemh Corner coarartaott tta said Seclia~rlls 23 ttnd Section lit, Tnv~rlsllip ~ Nortb, R.a33gs l Vtrest, &sise Meridian; Thence following said taortlrerly Iine and said ce~sterlints, Se~uth $9°14'25" Fast a distance of92dS9 feet to a point; ~9aence leaving said aortt~rly Pane ~ said cer-terlirrz:, South 60°4S'35" West a distance of 25.170 feet to a point; `Thence 639.81 feet £©Ifa~sriag tkae arc of a Warn tasagegt curve tt- tiae left, mid curve having a radius of 1,OOO.QO a central angle oaf 36x°39'29", a ekotd bearing of Soutfi 59°35'31" West and a chord distance of 628,95 feet to a mint; Theatee I~lotth 4s;°44' 14" West a distanca of 539.65 7'eet to rise POINT OIL E3IGIA1NiNG. 7xre above descrit~t easevnerlYS and rights Prepared I3y: THE 462 3 EAG 20$-! 20$-! 4521? ~h°rt chive, Ssc, cR!('~lbl}~.a~ic Exhibit C -Page 27 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE FIEARING DATE OF MARCH 2, 2006 '~---.. -~,` ~~ ~~ ,~6 `, `~~ ~~ ~~ ~~ a ~O a~`~. ys ""°~' 1 ~ ~ °°. o ~. ~ h~ ___.- ~ ~~ ~~ '~ °a ~~ ~a ~ `1 ~, ~~ ° 1 I ~ b ~ .~1 ~, ~ ~ a ~1 r ~ `~ - ~ -' p ~ ~ s~~ ...s E ^ r d ,D a~.a Md ~ ~ G+:~ ~~ ~ ~ r~ ~ ~ ` 1 0 t / 1 ,' ,~ ~r a ~~ ~ it ~$ rr ~~ ~ ! ~ 0 r .° ~. / ®/ i a© ,~ '~ -- ' ~ S. LINI~E~ R(lAU ~' =~ naer~t~a, t ~ Exhibit C -Page 28 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 e,~ ----~-_~_ i ~`. ~°~ ~, `~ I ~~ /~ ,-f / d v ~.~ {}O i ~ ~. ii ~ ~ ~ ~' ~ 4g A ° ~ Q g m ~`v ~ ~ vV Vv VVV ~ _!U a E II *$ ~ ro a.c • s ~' ~~ ~ SOU'At 28~~ ~ ', S. rT ~r ~y D ~j Lll Y l! ~.4Z .[fir ~~~ i J w ~ aF C ~ af~JV~y ~~=~44~~1~IY~• fE~v{~- ~`~~ Maridtar~ 108t~n , , f v ft Exhibit C -Page 29 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE~IEARING DATE OF MARCH 2, 2006 t 4 i 4 a u Exhibit C -Page 30 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~'. ~'E~V Rl'ILE ROAD m °~ ~~ i ~~~ ~ r ~ ~ ~~~ ~ ~fl ~ ~ r' i` ~ am ay aaro I~ ~ C I n ~® Exhibit C -Page 31 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 Exhibit C -Page 32 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council fmds that the proposed zoning designations of R-8, R-4, R-2, TN-C L-O and TN-R comply with the Comprehensive Plan and recently amended Future Land Use Map. The Council fmds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that there are several uses that are allowed and conditionally allowed within the requested zoning districts. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings that are along the portion of Overland Road designated as an entryway corridor, the Council finds that the proposed lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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 fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-8, R-4, R-2, TN-C, LL=O and TN-R zoning amendments will provide residential, commercial, and public/quasi-public uses in this area. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to R-8, R-4, R-2, TN-C, L-O and TN-R would be in the best interest of the City. Exhibit D -Page 1 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THEAEARING DATE OF MARCH 2, 2006 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 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. The Council generally supports the proposed plat and associated master concept plan layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council finds that public services can be made available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the 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; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACFID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) The Council finds that there is public financial capability of providing supporting services for this development. 5. 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. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. The Ridenbaugh Canal bisects this property. The Commission and Council consider the Ridenbaugh a scenic feature. The Council finds that this feature be protected and Exhibit D -Page 2 CITY OF MERIDIAN PLANING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 enhanced by the applicant. Further, there are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. The Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of maj or importance if developed under these conditions. 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 -Page 3 • February 2, 2007 PP O6-(}3i MERIDIAN CITY COUNCIL MEETING February b, 2007 APPLICANT James L. Jewett ITEM NO. 5-I~ REQUEST Findings for Approval -- Request for Prelminary Plat approval of 224 lots including 189 residenfial lots, i 1 commercial tots 8~ 8 mega tots 8~ i 6 common lots on 290.87 acres in proposed TN-C, TN-R, L-O, R-8, R-4 8~ R-2 zones for South Ridge Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Se® attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: V'- CITY PARKS DEPT: / , ~/V MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: MateAats presented at public meetings st-cll become property of the City of Medagan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER v ~~~ ~. ~''~ off: r~~r~~ 1#fi~~ ~~ ~ ,._~ In the Matter of Annexation and Zoning of 290.87 acres from RUT (Ada County) to R-8 (Medium Density Residential)(115.65 acres), R-4 (Medium Low-Density Residential)(50.17 acres), R-2 (Low Density Residential)(35.21 acres), TN-R (Traditional Neighborhood Residential)(65.60 acres), L-O (Limited Office)(3.48 acres) and TN-C (Traditional Neighborhood Center)(20.71 acres), AND Preliminary Plat approval of 2391ots consisting of 189 residential lots, 11 commercial/other lots, 8 Mega lots (to be developed in the future), and 3lcommon/open space lots in the proposed R-8, R-4, R-2, L-O, TN-R and TN-C zones, for South Ridge Subdivision, by James L. Jewett. Case No(s): AZ-06-031 and PP-06-031 For the City Council Hearing Dates of: January 16 and 23, 2007 (findings on the February 6, 2007 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 16, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -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 January 16, 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 December 7, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval for the preliminary plat are as shown in Exhibit B of the attached Staff Report for the hearing date of January 16, 2007 incorporated by reference; 3. The required development agreement provisions are as shown in Exhibit B of the attached Staff Report for the hearing date of January 16, 2007 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 2 of 4 • and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 January 16, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 3 of 4 ~~ By action of the City Council at its regular meeting held on the ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ~` x ~° ~' o '= -~ _ ~~~, LIAM G. BERG, JR., TY=C ~' ,[~ ~, ~' ~. Copy served upon: / Applicant Manning Department -~~ublic Works Department City Attorney B Dated: ' Clerk's Office a-i ~- a-~ VOTED /~~~~~ VOTED VOTED_~ VOTED_~5~~- VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-031 / PP-06-031 -PAGE 4 of 4 CTI'Y OF MERIDIAN PNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 1/16/07 Mayor & City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 South Ridge Subdivision rst AZ-06-031 Annexation and Zoning of 290.87 acres from RUT (Ada County) to R-8 (Medium Density Residential)("~ 115.65 acres), R-4 (Medium Low- Density Residential)(6~?9-2 50.17 acres), R-2 (Low Density Residential)( 35.21 acres), TN-R (Traditional Neighborhood Residential)(~3C 65.60 acres), L-O (Limited OfficeZ(3.48 acres~and TN-C (Traditional Neighborhood Center)( 20.71 acres). NOTE: As required the Planning and Zoning Commission. the applicant has submitted a revised master site plan (dated December 7.2006) and oning legal descriptions and calculations of how many acres of each zone is proposed This revised information has been used to notice the public for the Citv Council hearing on this project and is included as underline information in the staff report below PP-06-031 Preliminary Plat approval of ~ 239 lots consisting of 2AH 189 residential lots, 11 commerciaUother lots, 8 Me a lots to be develo ed in the future and ~ 3lcommon/open space lots in the proposed R-8, R-4, R-2, L-O, TN-R and TN-C zones. NOTE: As required by the Planning and Zoning Commission the applicant has submitted a revised preliminary plat consisting of the 239 lots listed above This revised plat is dated December 7 2006 and is included in the staff report anal sis below f - r, ;~ ', , - --~_ ~ ~r y los~c+ ~~~P~ 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST On July 20~' the Planning & Zoning Commission voted to continue this project to October 19`h. On October 19~` the Planning & Zoning Commission voted to continue this project until December 7t°'. Also at the October l9~' meeting, the Planning & Zoning Commission directed the applicant to hold another neighborhood meeting, receive comments from ACHD and give City Staff new calculations and configurations for this project At the October 19"' hearing, it was anticipated that ACHD's Commission would hear and act on this project on November ISL. However, on December 6`h, ACHD's Commission voted to defer action on the revised Southridge project, pending city action and public involvement regarding the proposed realignment of Overland Road through the Southridge project City Staff has included the original conditions from the ACHD Commission in Exhibit B below (ACHD's conditions do not include the proposed Overland Road realignment). The applicant did provide Staff with a new concept plan, preliminary plat, narrative, legal descriptions, and calculations, as directed by the Commission. Staff has updated the report below, based on the revised proposal (see underlines herein). The applicant, James L. Jewett, has applied for Annexation and Zoning of 290.87 acres to R-8, R- 4, R-2, TN-C, LL=O and TN-R, and Preliminary Plat approval of 189 residential lots, 11 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 1 CTI'I' OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF JANUARY 16, 2007 commerciaUother building lots, and 31 common lots. Of the 239 total lots, 8 are "mega" lots that are going to be re-platted. Of the 11 commerciaUother building lots, 9 are for retail, office or other commercial uses, 1 is designated for an elementary school, and 1 is designated for a public library. One of the common lots is proposed for a city park (previously shown as a mega lot) A portion of one of the mega lots is proposed to contain a future fire station (near Ten Mile Road). As part of the submittal, the applicant has provided a master concept plan for the entire 290 acres, including how the mega lots will be developed in the future. nth this plat, and consistent with the draft Ten Mile Area Plan, the applicant is proposing to relocate Overland Road to intersect Ten Mile Road approximatel 2,100 feet south of its current intersection. The applicant is also proposing to construct streets from Overland Road and Linder Road through the site. Staff has analyzed the revised master concept plan, the revised legal descriptions, and the revised preliminary plat and provided detailed analysis below. The subject site is located on the south side of Overland Road, extending the entire mile between Ten Mile Road and Linder Road. There are five existing homes and several associated out buildings on this site. A large portion of this site is currently being used for agricultural purposes. The subject property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on both of the subject applications. Below, staff has provided detailed analysis for the requested applications. Staff is recommending approval of AZ-06-031 and PP-06-031, with the changes listed in this report The Meridian Planning and a. Summary of December 7~' Commission Public Hearin i. In favor: Jim Jewett, Phil Hull Dan Thompson, Jason Densmer Joe Attalla ii. In opposition: Ken Fawcett, Susan Stone Lorna Hewett Keith Eberling Tresa Ball Robert Carlson, Steve Przybos Mel Schumaker Lyle Larkin, Susan Carlson, Pat Maron Cristine Apostalou Gary Liddell Curtis Elton, Patty Zuniga Nancy Darr, Sherry Fawcett, Donald Smith NOTE• The following names were on the public hearing sign-up sheet but provided no verbal testimon~Terry and Ruth Walker, Duane and Julie Walker W O Weiss Phyllis Weis Emma Leonard, Bonnie Breiner, David Beneducci Sharon Schumaker Janaliece Larkin, Phil and Nellie Gardner Daphne Amend Julie Gould Dianne Eberling, M.L. Macon, Joe Zuniga, Clerance Leonard and Mike and Mary Kleffner iii. Commentins: Wayne Amend (sinned up as neutral to the project) iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: None vi. Written testimony: Majestic View HOA (signed by Larkin. Hewitt Bastien, Brammer, Stearn, Clovis, Packard, McClure and a cou lp a ille 'bg~I le si na~turess) Aspen Cove and Other HOA (sinned by Carlson, Eberling Kendall Gardner Weiss Liddell Carlson Bennet Smith, McKinney Marsland Lionard Bagley Darr Lubovich, Hickey Equal Ross Dleffiier (s,~) Hostand Bower and a couple of ille 'ble signatures) Miles Hewitt Jackie Guenechea Steven Przybos Cheri Shanahan, Christine Apostolou. Mel and Sharon Schumaker Scott and Jennifer Nichols, Susan Stone, Richard and Susan Bagley South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 2 CITY OF MERIDIAN PLX~(i NING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 b. Kev Issues of Discussion by Commission: i. Density and transition to the existing lots to the south; ii. Inter-connectivity and stub streetL) to Val Vista Subdivision to the south. iii. What happens to the existing Overland Road/Ten Mile Road if Overland Road is realigned to the south?; iv. Fencing along the Ridenbau Canal. v. Ten Mile Interchange desiQxl and timing. and vi. Restrictive height of homes to sin le story and increasing rear setback on south side ofproject. c. Kev Commission Changes to Staff Recommendation: i. Limit height of homes on the southern border that is shared with Val Vista Subdivision and Aspen Cove Subdivision to a sin lg_e story and to consider a larger than 15 foot setback; ii. Require some L-O zoning along Overland Road• iii. Require City Park site to be done with first phase. iv. Require at least one future stub street to one of the lots within Val Vista Subdivision, when Mega Lot 2 develops. d. Outstanding Issue(s) for City Council: i. The Commission recommended a larger than 15 foot setback for the future homes on the south side of this development Staff would like the Council to define what a minimum rear (south) setback is appropriate for the south side of this proiect. This south setback should be incorporated into the DA for this project (see Commission-recommended DA provision #24 in Exhibit B~ ii. As part of the revised master plan for this entire 290 acres the ap lip cant anticipates 1.252 total residential units on this pro~crty (737 sin a family and 515 multi-family units). Staff is re uq esting that the Council add a development agreement provision that limits the maximum allowable density and requires a minimum overall density for this property (add a DA provision to Exhibit B) iii. During the Planning & Zoning Commission hearing the applicant showed several housinsr types for this development. Staff has scanned and included the elevations and pictures presented by the applicant in Exhibit A Sin e-family homes for this project should be consistent with the applicant-submitted elevations. .~ i. favor: Jim Jewett. Steve Prvzbos. Scott Nichols. ii. opposition. Susan Stone Wayne Amend Mel Schtlmak~r Curtis Elto iii. Commenting: Sherry Fawcett. Lyle Breiner. La- Van Hees Suzanne Grubau h Christine Apostolou. James Prather. Gary Insehnan NOTE: The fnll~winu names were on the public hearine sign-up sheet as neutral but provided no verbal testimony: Bonnie Breiner Ken Fawcett Lucv Leavell Daphne Amend and arv E. Van Der Ber¢ (Naomi Elton sieved up a~ainstl iv. Written testimony: Douce Strom: see snmmary of Commission public hearin above. v. Staff presentinn application: Anna Canning vi. Other staff commentine on application. Lt John Overton_ Ron Anderson Ler~ Grady. Doug Strove. Bill 1Varv. 1L ev Issues of Di cu ion by oLnc~l: South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF JANUARY 16, 2007 i. Overland Road alienment and the overall transportation system: ii. ensity and development of Mega Lots and phasing plan• iii. rovidin~ nark & ridge and bus stops: iv. Tiling the drain ditch north of the proposed school site: v. encin~ along the south bounda~ vi. Setbacks and buildine heiehts alone the south boundary and vii. ark site being public versus private. ~_ ev Counc'1 hap ec to C'nmmiccinn R[!rnmm..nda+:n..• i. Reauired proposed public park to be private• ii. eauired the applicant to the the d_mi aye lateral on the north side of the proposed elementary school site: iii. Restricted the heieht of the homes adiacent to Val Vista and Aspen Cove to 22 feet and required a minimum 50 foot setback• iv. eauired a 6-foot tall solid mason_ fence adiacent to Val Vista and Aspen Cove (south boundarvL• v. eauired a bus stop and park & ride site: vi. Required the applicant to submit and obtain City Council approval for a development agreement modification that proposes specific and detailed architectural Guidelines for this development that address (at a minimuml variety in structures within block bluldine mass building materials rooflines colors d architectural styles: vii. eauired a stub street to the westernmost lot in Val Vista Subdivision and a stub to the west to either. Parcel #51223233905 or #51223234100 to the west_ when_ mesa lot 2 develops: viii. Required the applicant to work with ACRD on the location of the proposed Overland Road realignment at Ten Mile Road; ix. eauired the applicant to construct a minimum of 1 000 residential dwellirn~ units on the property and a maximum of 1.252 residential dwelling units nn the roperty unless otherwise specifically approved by the City Council throuell subsequent applications -and, x. Required the applicant shall comply with all adopted state anti federal air and dust particulate emission standards 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06-031 and PP-06-031 as presented in the Staff Report for the hearing date of January 16, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 031 and PP-06-031 as presented during the hearing on January 16, 2007, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-031 and PP-06-031 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 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 a. Site Address/Location: b. Owner: James L. Jewett et. al. 1560 Carol Street Meridian, ID 83642 c. Applicant: James L. Jewett 1560 Carol Street Meridian, ID 83642 South side of Overland Road, between Linder Road and Ten Mile Road; Township 3 North, Range 1 West, Section 23 d. Representatives: Phil Hull and Van Elg, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Comprehensive Plan Designation: Mixed Use -Community with a Neighborhood Center designation and Medium Density Residential NOTE: This is the current Comprehensive Plan Map Designation fop this property. Staff is prepaying an application to amend the Map around the Ten Mile Interchanges This proposed Comprehensive Plan Map Amendment significantly effects the designations fop this properly as noted above (see Section 8 below for more information). g. Description of Applicant's Request: The applicant is requesting annexation and zoning approval for 290.87 acres of property currently zoned RUT in Ada County. The applicant is requesting five different zoning designations for the property: R-2, R-4, R-8, TN-C, LSO and TN-R. The applicant has concurrently requested detailed preliminary plat approval of 189 residential lots, 11 commerciaUother building lots, and 31 common lots. Of the 239 total lots, 8 are "mega" lots that are going to be re-platted. As Hart of the amended master plan for this site, the applicant anticipates 1,252 total residential units on this property (737 single-family and SI Smulti-family units). Of the 11 commerciaUother building lots, 9 are for retail, office or other commercial uses, 1 is designated for an elementary school, and 1 is designated for a public library. One of the common lots is proposed for a city park (previously shown as a me a lot . A portion of one of the mega lots is proposed to contain a future fire station (near Ten Mile Road). As part of the submittal, the applicant has provided a master concept plan for the entire 290 acres, including how the mega lots will be developed in the future. With this plat. and consistent with the drak Ten Mile Area Plan the applicant is proposing to relocate Overland Road to intersect Ten Mile Road approximately 2,100 feet south of its current intersection. The average residential lot size in the proposed development (not including the mega lots) is 6,614 square feet. The gross density of South Ridge Subdivision (not including the mega lots) is 3.22 dwelling units per acre. Approximately 13% (38 acres total; 8.9 acres in the first phase) is being set aside for open space. 1. Date of revised master concept plan (attached in Exhibit A): 12/7/06 2. Date of revised preliminary plat (attached in Exhibit A): l2/7/06 3. Date of landscape plan (attached in Exhibit A): 3/15/06 & 12/14/06 h. Applicant's Statement/Justification: The requested zoning districts will accommodate future multi-family residential areas (envisioned with the future phases, as shown on the concept master plan). These areas are designed into the transportation flows and blend beautifully with South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 5 CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 adjacent office-retail and higher density residential areas. In keeping with the vision of a true neighborhood... that provides the mix of residential lot sizes, the variety of residential product type, the meandering and friendly street system, alley loaded lots, inviting product design, commercial-office amenities, and etc.... the development will incorporate a convenient pathway and open space system that will provide for future connections from other owners, as well as an integrated system for the residents to enjoy (see applicant's submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. 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. Newspaper notifications published on: July 3 and 17, 2006 (for Planning & Zoning Commission hearing) and December 21, 2006 and January 8 2007 (for City Council hearing,) d. Radius notices mailed to properties within 300 feet on: June 23, 2006 (for Planning & Zoning Commission hearing) and December 21, 2006 (for City Council hearing) e. Applicant posted notice on site by: July 10, 2006 (for Planning & Zoning Commission hearing) and January 6, 2007 (for City Council hearingl 6. LAND USE a. Existing Land Use(s): There are existing homes and some out buildings on this site. A majority of the subject property is currently being used for agricultural purposes. b. Description of Character of Surrounding Area: There are one and five-acre lots in Val Vista, Ariel Estates and Aspen Cove subdivisions to the south. The recently approved Bear Creek West Subdivision is east of this site (across Linder Road). If approved, this property would be the furthest west the City limits would extend, south of Interstate 84. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential and agriculture on large parcels, zoned RUT (Ada County) 2. East: Recently approved Bear Creek West Subdivision, zoned R-8 3. South: Single-family homes in Val Vista, Ariel Estates and Aspen Cove Subdivisions, zoned Rl and RUT in Ada County. 4. West: Single-family homes, zoned Rl (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property will sewer to the Black Cat Trunk which is planned to be adjacent to this property in Overland Road by the end of 2006 or South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 6 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 early 2007. Location of water: There is currently a main in the intersection of Overland and Linder. Issues or concerns: Sewer main size and routing. The timing of available sewer. The need for a well lot to service the new pressure zone being created. 2. Vegetation: There are some existing trees on this property that need to be mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: Except for the Ridenbaugh Canal, and the irrigation drain that the applicant is proposing to improve as an amenity, any open canals or ditches that cross the subject site should be piped (see Exhibit B). 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: O TN-R, and TN-C. Existing RUT (Ada County) to R-8, R-4, R-2, L- 7. Size of Property: 290.87 acres f. Subdivision Plat Information: 1. Residential Lots: l89 in first phase: not including 8 "mega" lots to be re platted 2. Non-residential Lots: 11 (9 commercial lots, 1 school lot, 1 public library lot} 3. Total Building Lots: 189 sinsle-family. 8 commercial. l school lot. I public library lot, l city nark lot, with the first phase (total number to be determined with future plats) 4. Common Lots: 31 5. Other Lots: 0 6. Total Lots: 239 7. Gross Density: 3.2 units per acre (net 6.58 d.u./acre -residential area only) g. Landscaping: Width of street buffer(s): Portions of Overland Road and all of Ten Mile Road abutting this site are designated as entryway corridors. A 35-foot wide street buffer is required along a majority of Overland Road and all of Ten Mile Road in this area. (UDC 11-2B-3 & UDC 11-ZD-2). A 25-foot wide street buffer is required along Linder Road and the remaining portion of Overland Road, nearer Linder Road (UDC 11-2B-3). An 8-foot wide landscape parkway with street trees is required along the streets within the TN-R zone (UDC Table 11-2D-2). Street buffers are not required adjacent to the other internal residential streets. 2. Width of buffer(s) between land uses: N/A Percentage of site as open space: For this phase of the development, approximately 13% of the site is being set aside for open space; 8.8 acres (including street buffers) is being set aside for open space. Approximately 38 acres of the entire site is being set aside for open space. UDC 11-3G-3A1 requires common open space and site amenities for developments of five acres or more. UDC 11-3G-3A2 requires one additional site amenity for each additiona120 acres of development area. The South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 UDC requires 14 amenities for this development overall. Please see Section 10 below for more information regarding open space and amenities. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 squaze feet (UDC 11-3G-3E2). h. Amenities: Club house (future), tot lot (future), pool (future), open space/pazks, drain, 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 pazking spaces (a garage) and a ZO' x 20' pazking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Summary of Proposed Streets and/or Access: On the submitted revised master concept plan, there aze several public streets and driveways proposed to the adjacent arterial streets. There are two public street intersections proposed with Linder Road. There aze four public street intersections and one driveway proposed with Overland Road. There is one public street, the re-aligned Overland Road, and no driveways, proposed to intersect Ten Mile Road. The applicant is proposing to construct Overland Road, from Linder Road to Ten Mile Road, Southern Way, Southridge Drive and American Frontier Drive, with the first final plat phase. There are five blocks within the detailed phase of the development that use alleys. The alleys are proposed 20-feet wide within common lots. ACRD is requiring that the alley in Block 3 connect with Craftsman Way and not Southridge Drive. Staff is generally supportive of the proposed street system. However, staff has some concerns with the detached sidewalks and the associated easements adjacent to the streets in the TN-R portion of this project (see Section 10 below). 7. COMMENTS MEETING On June 30, 2006, and again on December 15 2006 a joint agency and departments meeting was held with service providers in this azea. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community" and "Medium Density Residential" on the current Comprehensive Plan Future Land Use Map. However, Staff is preparing to submit a Comprehensive Plan Amendment for the Ten Mile Area. This application for a Map amendment has an impact on the land use designations for this property. The Map amendment will propose, for this property, a mix of• mixed use commercial near the Linder RoadlOverland Road intersection; medium high density along the south side of Overland Road, and medium and low density further south; civic for the areas shown as the elementary school site (near Linder) and fire station (near Ten Mile) on the applicant's plans; open space/parks along the Ridenbaugh and the natural gas pipeline; and, mixed use employment area on the north side of Overland Road On the Map currently, the mixed use azea is shown in the middle of the section, between Linder Road and Ten Mile Road, and the medium density is shown on either side. The proposed development and zoning reflect more of the mixed uses at the Linder Road/Overland Road intersection, and along the Overland Road frontage. Staff is generally supportive of the proposed, revised zoning designations as they are generally consistent with both the current Map and the Map amendment that will be proposed South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 8 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 In Chapter VII of the Comprehensive Plan, the mixed use designation is defined-in part-as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non- residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes l89 buildable single-family lots for a gross density of 3.22 dwelling units/acre. Although the overall density is at 3.22 dwelling units per acre, there is a large area of the plat that is being set aside for commercial uses, a school, a city par1~ a fire station, and a library. The net density for the residential area only of this project is 6.58 dwelling units per acre and the average lot size is 6,614 square feet. The proposed density/zoning, generally complies with both the Comprehensive Plan and the requested zoning districts. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following mannef-.• • 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 Off ce. 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/United Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 -Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via extension of the Black Cat Trunk The City of Meridian has recently South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 9 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE H ARING DATE OF JANUARY 16, 2007 awarded the bid to a sewer project that will bring the Black Cat Trunk adjacent to this project by early 2007. City of Meridian municipal water is currently available to this site. Solid waste and other services can be provided to this property. 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 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to provide one stub street to the south, to a 5-acre parcel in Val Vista Subdivision. Stub streets, and half street sections, are proposed to all of the adjacent out parcels except the one at the intersection of Ten Mile Road and Overland Road, and the out parcel on Linder Road. Staff is supportive of the proposed connection points between the subject property and adjacent properties, with one change; cross access should be provided to the one acre out parcel located at 1807 Linder Road. The revised preliminary plat and master site plan show access being provided to this out parcel via the public street proposed to intersect Linder Road Staff is supportive of this change. See Analysis below. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis 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. The applicant is proposing to construct five foot wide sidewalks adjacent to the internal streets. The applicant is also proposing to construct micro paths to/from the proposed school lot and the library lot and within certain common lots throughout the development. The applicant is also proposing to construct amulti-use pathway generally along the Ridenbaugh Canal, from Linder Road to Ten Mile Road. Staff believes that with the construction of the sidewalks, micro paths and the multi-use pathway, a functional pathway system will be provided to this area. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. 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. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. On the submitted master concept plan, there are several public streets and driveways proposed to the adjacent arterial streets. There are two public street intersections proposed with Linder Road. There are four public street intersections and one driveway proposed with Overland Road South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 10 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE 1 ~ G DATE OF JANUARY 16, 2007 (not including the driveways for the proposed fire station). There is one public street, and no driveways, proposed to intersect Ten Mile Road. Staff is supportive of the proposed access points to the adjacent roadways. Chapter VII, Goal 1, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 35-acres of the subject site are proposed for traditional neighborhood center zoning at the corner of Overland and Linder. Ezcept for the public library, the subject application does not propose any other speck uses within the TN-C area. Staff believes that the future commercial and retail sites in this plat will add to the variety ofnon-residential uses within the City's Area of Impact. Staff is generally supportive of some commercial uses in this area, as proposed. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing to plat some of the largest lots within the subdivision along the southern boundary of the property, where there are existing county subdivisions. The UDC does not require any buffering between single family uses. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. The applicant has proposed some additional R-2 zoning adjacent to the lots in Val Vsta Estates, and R-4 lots just to the north. These areas were proposed as R-8 on the original concept map and play Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to, and surrounded by, this property. Staff believes that the locations of the proposed zones and the lot layout are generally appropriate as the larger lots will primarily be on the south side of the development, and the higher density will be nearer Overland Road, a major arterial street. If the preliminary plat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "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, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below for additional information). 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. South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 11 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-2, R-4 and R-8 zoning districts. Meridian City Code (Table 11-2D-1) lists multi-family developments, retail stores, public/quasi-public uses and personal or professional services (offices) as permitted uses in the TN-C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN-C zone. UDC Table 11-2D-1 lists multi-family developments, attached and detached single-family dwellings as permitted uses in the TN-R zone, while several other uses are allowed either outright, as conditional uses, or as accessory uses in the TN-R zone. b. Purpose Statement of Zones: R-2, R-4 and R-8: 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. TN-C: The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within aone- to two-mile radius. A TN-C ispedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. TN-R: The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is eight (8) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. General Standards: All of the proposed lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L_O• TN-C and TN-R 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: South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 12 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF JANUARY 16, 2007 1. Annexation and Zoning Application: Based on the Comprehensive Plan and the Future Land Use Map, staff believes that the requested zones, as amended. are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the annexation and zoning of this property. Legal Descriptions: The annexation legal description submitted with the application (stamped on May 10, 2006, by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. New legal descriptions showing each of the ones recommended by Staff and the Commission have been submitted to the Planning Department have been approved by the Public Works Department, and are included in Exhibit B Special Considerations: Master Concept Plan: The applicant has submitted a master concept plan for how the 290 acres will by-and-large be developed. Staff is generally supportive of the layout of the concept plan. Staff realizes that some flexibility is needed when developing a property of almost 300 acres. However, Staff believes that some of the concepts shown on the plan should be incorporated into the development. Concepts such as the multi-family housing units along Overland Road being located between the street and the parking for the units should come to fiuition. Other concepts such as the elementary school site and the public library site, and the accessibility of these sites from the adjacent street layout and pathway/sidewalk connections, should also be included/required as the phases develop. Staff also believes that concepts not shown on the plan, including a provision for some attached single family and/or townhouses on the 7N-R and/or R-8 lots should be provided. A mix of alley loaded lots, attached single-family, and the more traditional detached lots should be provided on this site to provide the variety of residential land uses called for in both the Comprehensive Plan and the TN-R purpose statement. Staff also believes that pedestrian connections from the future multi-family units to the commercial uses are key to providing efficient pedestrian activity in this area. Staff is also supportive of the street layout and believes this property should be developed in substantial compliance with the street system shown on the Master Concept Plan. Below, staff has listed concepts that should be included in a development agreement for this property. As part of the revised master Alan for this entire 290 acres the applicant anticipates 1.252 total residential units on this property (737 sinssle family and 515 multi-family units). In addition to the DA Arovisions listed below Staff is reguestinir that the Council add a development agreement provision that limits the ma~mum allowable density and requires a minimum overall density for this ro e Phasing Plan: The applicant anticipates constructing the subdivision in multiple phases. The phasing plan begins at the intersection of Linder Road and Overland Road and then continues south, and east and west. Construction is anticipated to reflect market demand and construction needs. Staff is supportive of the market controlling the phasing plan, but believes that some of the amenities proposed with the development should be constructed prior to the development build out, or before too many homes are constructed without useable amenities. Therefore, Staff recommends that with the construction of the first phase, a IO foot wide multi-use pathway be South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H® G DATE OF JANUARY 16, 2007 constructed from Linder Road to the park site, along the Ridenbaugh Canal (NOTE: The proposed CPA is also showing amulti-use pathway within the Northwest Pipeline easement: This multi-use pathway should be constructed with the future phases, as this project builds out) ~~ •, .Staff further believes that the city park proposed on Mega Lot 4, be included (platted as a lot) with the first phase of this development Private Lanes: There aze (at least) two private lanes that extend south from Overland Road through this property. At least one of the private lanes, Windy Ridge, provides access to an out pazcel across the Southridge site. Staff recommends that the applicant relinquish any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane (and any other private lane easement that may encumber the subject property). Upon annexation of either the existing ?Homes taking access from private lanes, staff recommends that such properties also relinquish their interest in the lane as well. Further, Staff recommends that with the first plat submitted on Mega Lot 1 at least one of the public stub streets shown on the concept plan be provided to the Hodges parcel Also, the conditions of approval require that platting of the lots in the northwest corner of the project, and along Odd Thorn Lane, be subject to the vacation of the existing private lane easement(s). Access to Arterials: Except for the public streets and driveway accesses shown on the Concept Master Plan for this property, all other vehiculaz access to Overland Road, Ten Mile Road and Linder Road should be prohibited for this site Multi-use Pathway: On the Comprehensive Plan Future Land Use Map, amulti-use pathway is depicted on this property, alongside the Ridenbaugh Canal. The applicant is proposing to construct a portion of the multi-use pathway, from Linder Road to approximately Southpoint Way within common lots that aze not adjacent to the Ridenbaugh Canal Neaz Southpoint Wa the a plicant is imposing to construct the multi-use pathway on the south side of the Ridenbaugh Canal, up to the re- aligned Overland Road. Staff is generally supportive of the location of the pathway, but believes that the entire pathway, from Linder Road to the city pazk site should be constructed with the first phase of the development (see Phasing Plan above). Also, staff believes that the pathway should terminate near the intersection of Ten Mile Road/Overland Road/Ridenbaugh Canal, so pedestrians using the path have a safe crossing of the arterials. City Park: On the Comprehensive Plan Future Land Use Map, a potential city pazk site is shown on this property. The applicant is proposing to construct a City Park on this site. The applicant has been working with the Parks Department and the Parks Commission on the design of this park Staff understands that the Parks Commission has an approved design for this site (this design is shown on Sheet L1.04 of the landscape elan attached in Exhibit Al Amenities: A pazk area with a pool, clubhouse and pond is shown near the center of the development. It appeazs an amenity or two aze shown on Lot 5, Block 3 (just west of the library lot). Staff is unclear as to what this amenity is, if any, and what other amenities the applicant is proposing at this time for the rest of the R-2, R-4 and R-8 South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 1 ~ G DATE OF JANUARY 16, 2007 zoned areas. The applicant is proposing to improve the drain between the school lot and the library lot, up to Overland Road, as a water amenity. Staff recommends that the applicant address the future amenities for this development and that the Commission and Council decide if the proposed amenities are sufficient for a development of this size (please see Section 10 below for more analysis). Development Agreement: See Exhibit B for City Council anuroved DA provisions UDC 11-SB-3D2 and Idaho Code § 65-6711 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations for the multi-family units or commercial buildings, or a list of uses that may be built in the commercial area (TN-C zones) of this development, and to ensure that this project builds out consistent with the Comprehensive Plan and the revised Master Concept Plan submitted with the annexation application, Staff recommends that the applicant enter into a Development Agreement with the City. 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. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Southridge as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to Design Review approval; that all TN-C zoned lots contain structures that are at least two-stories tall; and that all commercial buildings in the TN-C zone be located between the a public street and the parking lot (as shown on the original master concept plan dated 4-15-06). 3. That all TN-R zoned lots and uses will comply with the recently adopted TN- R standards adopted in the UDC (see Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi-family dwelling units with the dwelling units being located primarily between Overland Road and any surface parking area for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (park) be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. ~ ~-4,~ ~, ~ ~-~ ~-~' ~-arm-~~ES-be-s~ehn~E~~~~d s u ~~ s 5. 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 (building permit submittal). All of the future lots shall comply South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 15 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC. 6. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). 7. That the applicant will be responsible for all costs associated with the sewer and water service extension. 8. 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 aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 9. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 10. That only one public street access, and no direct lot access or driveways, to Ten Mile Road will be allowed on this site; that a maximum of five public street accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACHD approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACHD approval). 11. That public street frontage as shown on the revised master content elan, or a cross access/ingress-egress will be provided to Parcel #S 1 223 1 1 0500, which is located on Linder Road. 12. That the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane. That the applicant agrees to construct at least one stub street to the outpazcel surrounded by Mega Lot 1, with the first plat within said Mega lot. That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements aze vacated. i ~ TL..,4 +l.e «,~]i@HS~9~E1$St~C-~-f6$t~l~9~Y5~1i~1' s ~ ~.. -- T F"= nc osrccc~- avr~cn M11P D.....~ /l..e..t..«.7 D.....7 ,7 T ' ,a D ,7 +L. ~ + '~'L. 1. ~l. o 14. The city nark lot shall be included within the first final plat phase of this development as shown on the revised master site plan; all "mega" lots shown on the master concept plan,. west of the first phase shall be annexed and recorded as mesa lots with the first final plat but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City After such time the mega lots may be developed if the new (detailed) preliminary and then fmal plats of the mega lots aze consistent with the adopted Ten Mile Area Specific Plan 15. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 16. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 17. That all internal landscaping shall be installed as each phase final plats, prior South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 16 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE ® G DATE OF JANUARY 16, 2007 to occupancy of any structures within each phase. 18. That the applicant agrees to plat a public library lot and an elementary school lot with the first phase of development. NOTE: Staff has not received details from Joint School District #2, Meridian Parks, Meridian Fire, or Meridian Library District regarding any improvements that may be required regarding these sites. Staff will provided the Council an update as to any requirements that may be associated with the proposed publiclquasi public uses. 19. That with the construction of the first phase (prior to any occupancy being granted), a 10-foot wide multi-use pathway shall be constructed on this site generally on the south side of the Ridenbaugh Canal, from Linder Road to the city park (temporarily terminating at the ci ark with the remainder out to Ten Mile Road to be constructed with future phases as they are brouillt in for re lp atting. The city will require additional multi-use pathways along the Ridenbaugh Canal and/or within the northwest ~ ep line easement, as the mega lots develop. 20. That the applicant agrees to leave open and enhance the irrigation drain located between Linder Road and Overland Road, by providing grass seeding and two pedestrian bridge crossings. Said bridge crossings shall be constructed between the school site and the library site, and between the future multi-family units and the commercial uses on Overland Road. 21. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool area, and tot lot on Mega Lot 4; and any other amenities required by the Commission and/or Council at the public hearings. 22. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 23. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted Master Concept Plan, prepared by The Land Group, Inc., labeled sheet M1.0, dated 4-15-06, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the re- subdivision of each mega lot). Provide a stub street to at least one of the 5- acre lots in Val Vista Subdivision when mega lot 2 develops 24. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story. The applicant has also agreed to provide a greater than 15-foot rear setback for the lots along the southern bounda_rv 2. Preliminary Plat Application: Staff believes that the proposed preliminary plat substantially complies with the Zoning Ordinance. The comments below are primarily geared towards the portions of the preliminary plat that will be developed, not the "mega" lots or the future, conceptual lots on the mega lots. Special Considerations: TN-R Standards: The City recently adopted standards for the TN-R district. Some of the standards include: a requirement for all local streets to have 8-foot wide landscape South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 17 CITY OF MERIDIAN PL~INING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 planters (parkway) with Class II trees and detached sidewalks. The submitted landscape plan shows the required detached sidewalk and 8-foot wide parkway. However, the submitted preliminary plat does not reflect an easement for the sidewalk, as the walk will be outside of the proposed 50-foot right-of--way for the street. Staff has concerns with this easement not being shown on the plat, as building setbacks are measured from the back of sidewalk and the buildable area for most of the lots in the TN-R zone are around 4,000 square feet. Staff recommends that the preliminary plat be revised to show how much of an impact the detached sidewalk will have on the proposed TN-R lots, by depicting the sidewalk easement on the plat. NOTE: This is still not shown on the pevised npeliminaYV nla~ The TN-R standards in the UDC also require that all dwelling units have a minimum of two lights at the front of the unit; all dwelling units on alleys shall have a rrAinimum of two lights along the alley. All TN-R standards should be complied with. Alleys: The applicant is proposing alleys within five blocks of the development. All of the alleys have a 20-foot wide paved area and are proposed to be owned and maintained by the adjacent homeowners. Staff is generally supportive of the proposed alley configurations, with one exception. The UDC, section 11-6C-3B5, requires all alleys to be designed so that the entire length is visible from a public street. All alleys should contain at least 16 feet of pavement within the 20-foot right-of--way and be constructed with 28-foot inside and 48-foot outside turn radii where the alleys intersect the public streets and where an alley curves; all alleys shall serve as fire lanes. Further, no parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley. Access: As noted in the Annexation and Zoning section above, access to this site should be limited to the driveways and streets proposed on the preliminary plat (as allowed by ACHD). A note should be placed on the face of the final plats stating this restriction. Amenities/Open Space: UDC 11-3G-3A1 requires common open space and site amenities for developments of five acres or more. UDC 11-3G-3A2 requires one additional site amenity for each additional 20 acres of development area. The UDC requires 14 amenities for this development overall. Staff is unaware of how many acres are within the detailed area of the plat, but the number of amenities proposed appears to be substandard. The applicant is proposing to set aside approximately 8.9 acres/13% of the site for common open space. Amicro-path in Lot 50, Block 3, "greening up" the drain between the school lot and the library lot, and constructing a portion of the multi-use pathway adjacent to the Ridenbaugh Canal, and the dedication of a city nark, make up a majority of the useable open space/amenities for this phase of the development. A large portion of the open space provided within this development is along the Ridenbaugh Canal or adjacent to the streets-in planter areas, buffers, and islands in roundabouts or cul-de-sacs. The applicant is proposing, what appears to be some type of amenity in common Lot 5, Block 3 (across from the school and library lots). Staff recommends that the applicant clarify, at the public hearing, what type of amenity(ies), if any, are proposed near the parking lot in Lot 5. Staff further recommends that the Commission and Council determine if the open space and amenities proposed for this development comply with UDC 11-3G-3A2. South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H~ G DATE OF JANUARY 16, 2007 Ditches, Laterals, and Canals: The Ridenbaugh Canal runs along the site's southern boundary, near Linder Road, and then cuts through the property east-west. The City has historically not required the Ridenbaugh Canal to be piped (it would take a large diameter pipe.) There is an irrigation drain that also bisects the property in the northeast corner. The applicant is proposing to leave this irrigation drain open through the site and improve it as an amenity. There are other irrigation drainage laterals that bisect this parcel. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (Ridenbaugh) and drains being uses as a water amenity (between the school site and the library site, up to Overland Road), intersecting, crossing or lying within the area being developed should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal and the drain near the school and library sites, all irrigation ditches, laterals and canals be tiled on this site. Micro-paths/Pedestrian Connections: The applicant is proposing to construct one micro-path on Lot 52, Block 3, and one pedestrian walkway between the library lot and the school lot, within this development. As submitted, there are few pedestrian access points to the future multi-use pathway n~nning along the Ridenbaugh Canal. Staff believes access to the future regional pathway system is critical to its success. Therefore, Staff recommends that an additional micro-path be provided across Southpoint Way, near Southridge Drive, that connects with the future multi-use pathway along the Ridenbaugh. Staff further recommends that additional micro-path connections to the multi-use pathway be constructed when the mega lots develop in the future. The purpose statement of the TN-C zone states that it "is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District." To comply with the pedestrian-oriented statement listed above, staff recommends that amicro-path be constructed between Block 3, and the future multi-family units in the mega Lot 8. The proposed micro-path on Lot 52, Block 3, and all other micro-paths in the development, should be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths (not the pedestrian walkway between the school and the library) should comply with UDC 11- 3B (Lot 52, between Lots 53 and 54, Block 3, does not have enough landscaping on the sides of the pathway and will need to be amended). The applicant is proposing to construct the multi-use pathway that is depicted on the Future Land Use Map along the north side of the Ridenbaugh Canal. The applicant is proposing to construct the pathway 8-feet wide; the Comprehensive Plan and the UDC require a 10-foot wide pathway. The UDC requires a 5-foot wide landscape buffer along the pathway. The submitted landscape plan depicts a fence directly adjacent to the pathway; no landscaping is proposed. For safety purposes, staff recommends that the applicant be required to maintain a 5-foot wide landscape buffer along the 10-foot wide multi-use pathway. Landscaping: This parcel has approximately 5,000 lineal feet of frontage on the adjacent arterial streets. Because this is a phased development, with build-out to occur over several years, the applicant has requested to delay the construction of some of the landscape street buffers along Overland Road, Linder Road and Ten Mile Road, until the adjacent mega lot develops (see Applicant's submittal letter). The applicant has submitted a visual plan for when the perimeter landscaping is to be constructed. Staff South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 19 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 is in agreement with this plan labeled Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and staff is recommending that as part of the Development Agreement, this plan be adopted. However, because the mega lots are being platted with the first phase, staff recommends that all of the landscape buffers adjacent to the arterial streets be platted with the first final plat. UDC 11-3B-7C2 requires all residential street buffers to be on a common lot and all commercial and other nonresidential street buffers to be on a common lot or a permanent easement, maintained by the property owner or the business owners association. • Along Ten Mile Road, a 35-foot wide landscape buffer lot should be platted. • Along Overland Road, from Ten Mile Road to just over the Ridenbaugh Canal, a 35-foot wide landscape buffer should be platted (because the landscape buffer is adjacent to residential zones, it should be within a lot, not an easement.) • Along Linder Road, a 25-foot wide landscape buffer should be platted (adjacent to the TN-C lots said buffer may be within a landscape easement, adjacent to the TN-R, R-8 and R-4 lots, the landscape buffer should be in a lot(s)). The submitted preliminary plat should be revised accordingly. The future landscape plans, submitted when the mega lots redevelop, will be evaluated at that time for compliance with UDC 11-3B-7, Landscape Buffers along Streets. The landscape plan prepared. by The Land Group, Inc., on 3-15-06 & 12-14-06, labeled Sheets L1.00, L1.01, L1.02, L1.03, and L1.04 is approved with the following modifications/notes: • Provide a 25-foot wide landscape buffer along Overland Road and Linder Road, as proposed. Provide an 8-foot wide landscape planter (parkway) along both sides of the streets within the TN-R zone, and install Class II trees within the parkway (between the back of curb and the face of the 4-foot wide sidewalk). The landscape buffers along the streets shall be placed in common lots (adjacent to TN-R and R-8 zones) or in permanent easements (adjacent to TN-C lots). All street buffers shall be designed in accordance with UDC 11- 3B-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths. • Provide amenities and open space as follows; 8_9 acres (13%) of common open space, amicro-path on Lot 52, Block 3; a-~iE~e-pa~r~~~e~~-43 ^"'' ^`, D'~~'~'; a micro-path between the future multi-family units on Mega Lot S and the non-residential uses in Block 3; and amicro-path between the school lot and the library lot, construct a 10-foot wide multi-use pathway generallyalong the Ridenbaugh Canal, from the eastern property line to the n..e..t^.,a ~,.^ain;ae..~„~tcr.~cirm ci ark, and any other vu 2Q1SrIIV amenities as required by the Commission or Council. • 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. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 20 CITY OF MERIDIAN ~ANNING DEPARTMENT STAFF REPORT FOR THE ~ G DATE OF JANUARY 16, 2007 Fencing: The applicant is proposing to construct asix-foot vinyl fence along Linder Road; no other perimeter fencing is proposed. A 6-foot tall black chain-link fence is proposed adjacent to the multi-use pathway. Fencing is not proposed adjacent to the micro-path on Lot 50, Block 3, or adjacent to the other interior common spaces. UDC 11 3A-7A7a requires the developer to construct fencing adjacent to mitre paths to distinguish common from private areas. Staff recommends that the applicant clarify, at the public hearing, if any other perimeter or internal fencing is being proposed for this development (particularly adjacent to the R-2 lots)._A detailed fencing plan should be submitted upon application of the fmal 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 fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common azeas shall be the responsibility of the Southridge Home Owners' or Business Owners' Associations. 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, the applicant shall coordinate with the entity providing water service to allow asingle-point connection to the culinary water system. If a single-point connection to the City of Meridian's water line is used, 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 azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. E~sting ResidencesBuildings: The site currently contains multiple buildings. All existing buildings/structures that span across proposed lot lines shall be removed or relocated prior to signature of the final plat by the City Engineer. b. Staff Recommendation: Staff is recommending approval of A~06-031 and PP-06- 031, with the changes listed in this report. Among other conditions, Staff is recommending that the applicant submit: 1) new annexation and zoning legal descriptions prepared by a licensed surveyor (prior to noticing for City Council hearing); and 2) ten full-size, one 8.5" g 11", one pdf and one jpg copy of the revised preliminary plat and landscape plan that includes all changes listed in Exhibit B to Staff by Thursday December 14 so agencies and departments within the City can comment prior to the City Council hearing (there is an agency/department meeting scheduled for December 15~). On December 7~`. 2006 the l~d_~•~•___ Tl_._.. n n .r _ 6-031. 11. EXH)BITS A. Drawings 1. Revised Master Concept Plan (dated: 12-7-0 2. Revised Preliminary Plat (13 pages; dated: 12-7-0 3. Landscape Plan (5 pages; dated: 3-15-06 and 12-14-06) 4. Elevations presented to the Planning & Zonine Commission (I2 pages) South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 21 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE . G DATE OF JANUARY 16, 2007 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 ~Ori~inal Conditions of Ap roval~ 8. Central District Health Department 9. Nampa -Meridian Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Unified Development Code South Ridge Subdivision AZ-06-031/PP-06-031 PAGE 22 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE . G DATE OF JANUARY 16, 2007 A. Drawings 1. Revised Master Concept Plan (dated: ~8-~4-At 12-7-061 ~~ -- - -- a .~ ~ 4 ~a> _.. ~'~ ~ Fx~ Fib ~. i i ~ iii ~~ ~ _ L~, ~ ~~~ ~~ ~~~~~r7 viii i =~~~ ~~ ~ ~. ~ ~ ~ Y ~i ~~ - r > 0 i i ~ ~ - r~~ ~ ~ ' ~ -i C t \ L~~£83 ,~ ~~'~",'> ~ ~~r o ~ ~..~ ~ 7AI~@70 UeffiUNA'RIM SUA9LgRY TAHIE i ~~ ~ i- - - - y ~' ~ 6 NdIE~ ~.m ~m ~cmn°@i.1°-~mm~ 0 D~ j ~~ h ~c ~Nss III Exhibit A -Page 1 CTI'Y OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 2. Revised Preliminary Plat (13 pages; dated: "~ 12-7_061 Lam- ; ~ 1~ _~ I~ ,~ ;~-; ~ ..... ~~ ~ 1 _ __~ ___ ~__~= .~. y, ®~ W. OVER D ROADS ~ •w.~o- Fss -,~_ ~___ ___ _ ~ Y a~~- 4' ~ ~ i ° ~ ~G~~o X100 ~ ~ 'i ,, i ~ `~~. -~._ i -i-~,~'~ ', a- C~~ o ~~, ~~~ s ~ _ T---- ,~ ~ a ~ ~ i .rp~o~3 , ~_;C~~o„~7,, ti~ o '~ A ,o _E - __ .®___ C~ a ~ ~~~ a - - ®® - --=f '~- -- -.~---~ '~ ~~~~ .~_ fi ~ ~, P2.0 Exhibit A -Page 2 CTI'Y OF MERIDIAN PLRCNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 JAD I g~~ r _~__^_ r ~_ -"QO1i" W 04'ERLAND ROAD -_'°°°~ Q,v ~a3 ~~` -~~ ~ - _2-"1-21~0 ay ~~a-~-' -.=a~~;^"I'-~ ~ m.winarm o i i i ~ r ''°~ r ~~, ~ ~ 1 ~~~„~ E F~ i~ I _ ~ ~~ _ ___ ~ ~ c Ju v ~ ~ ~~ ~~`I" _ ~ -~~~ -__ ~aa } li ¢I Q ~y a~ I e ~i~ 0 ~ W a t, ~,u~,,,~, ~ ~` ~ `" ~ ~ ~ y~ , ~ xa ~ ~~ ,'~ ~ ~ , ~~iv' ~ ~ a ~ ~ ~ ,~ -~ . ~, ~~~ ~ ~ b 3: a \` Yom, ~ .9~ 7aT ~ v, ~ •.. i ~ l a~a.25 m -0;~ `' 7a < b I y ~~~~ ~ _ ~ ~ ~~ 89'19'4i' ~ III ~~'I _r.~_ ~ ~ _ ~ c9 da"- ~ ~ ~ ~ ~ ~ ~ UqI .../// ~IPI~ ~P2.1 \ <~ ,~6 ,~ ~ _ ,< ~4 ~+A ~~___ -f- I ~ I I - s _ ~ ~ ~9 + ~ - 9 § ' e ~~ ai I ~ f _ ~ ! 9 , 9 ~9 a9 ag gg e =L ~s< q ° ~ ~ ~ ~ - _ .m m e l ~ ~o lia ~~ ~ ~ a 9 ~ g a ~, - ~ ~..~ .~ ~ \~~ ~, ~ $ ~' ~ ~ i~ ~ 9¢ 6 `~ ~ ~, a~ a~ ~~ ~ ~ ~~ a9 g ~~ ~,; _ - ~ ~ ~- a -- - -T n Ea. a _,~_ - _ - ___ -_ - -_ ~ ~g ~ l,A ~~ -- ,~ _ ~ ~ ~°a °~ _ - - _ ~ ~ ~ - - - ~ ~ ~I 1 7 - '' ~ a _ _ - r ~ E _-- ~ -- - -- .~ - ~_ -_ ~~ ~ ~ ~i ~PZ.Zt Exhibit A -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 -, . ~ B _ _ mao m ~ 'a ~~ ~ '~ -' ti - - c _ _, - _ . i ~i a al ~ ~ _"_ -- O ~ , 0 v~ / I ~ ~ ~ ` ~ _ ~ ~ ~` ~~ Z~ ~ W ° ~ ~ O1 E v ._ >> _ _ ~ _ _ _~ -_ ~ C~ , ~ ~~ Y.t~, r - ~ -_ ~ ~ ~ ~ a tt ~ ~'~' ~ , ~ i 2 \ ~ Q ~~__~ \ a `~ ~ 1~^ ~° O a ~` ~ ~ ~,~.o,° . , NOi A FART `~ ~ b~\, .: ~ ~ a r ~ , ~~ z 4 ~.~r, .__._.._._._ ._.._ ~~- T- - 1 ~ r y ~ [ _ _ ---~~ ®e /; ~ _ ~ I I "gym""`' a P2.3 W. O 'EFyR ND ROAD ~ -i ~ ~ i .~ ~ ~ ~ --r'~-- j -a. , ~ ~ ;` ~ i ~~' a ~ ~ ,`~ .; _ - ~ ~ -.x_ ,~ -~,~ ~ _ i~ _ _-- i - ~zc _ ShB~Na~e , 1 ~ ~ ~m~s,mao A.usm m l~h~~,r ~.: .~. ~` i -Npr a vutt .I ~ ~ ~'~ ~~ ~ ~h'~~ m~ -- - - --, _ _- ~ ,~~' - ss ~' ~' -~ ~ \ _ `~ ~ ~/C . e~~,~'~S~',',~~~ 'e ,SS ~ a4 ~/ ~ ~' '~i ~ ~ I ~ - - " - ~ . / ~bt, ~~ ba. "yam ~ ~ tt; ~\~v ~. i _- _ ~ ~ i, i ~LS~s z9G 2sQ.oo„~ ~~~~ ~ ~ st - ~~ - - ~1 ~ . ,~. ~, 4a'-._ ,~ ~~ _ _ i -- ,~ ~ ---- o -0_ ~ ~ ~~ .,~> ~.u~ ~ w ~ m act ~~f ¢. ~~~ Exhibit A -Page 4 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HG DATE OF JANUARY 16, 2007 ___ _. I~1 SC: o-~ ~ ~~ ~~ 1 m ~.w..ae.,® :e „ q 1 \l _ _ _ 0~~ Q , ~ ,< ~~: ' 1 wnvarts wam~nm wry-C~- U ~ _ `~ , ~< I,n Ij1 ~I _ ~ la _~_ _~~~ °° -~~' -- ~ I I ` ~ ` ' , rh _ _ I~ - ~ - ~ ~ b ~ _ g Q4 I `1 1 L -0 N ~' _ ~ ~~ --_- j ,ww v. b r' III - I I I I ~ ~{, _. III _ L'&€ ~ +1~ .- p -__- C O 1-~ ~ ~ ~ - - d' d a I 'h u _ h ~ L d X~ ~~ ~ \ ~ c~ ,fa ~a P ~~ ~' \ ~ P ,; ~ ,, ,;; >>~ I - , _ ' ~' ~ a -~ ~:_ , I I , I - - ~ ~ - °, _~ , ,, ', 1 -- - I ~I ~ , ~ ~ - , 1 1 1 11 I~I11 , ~ ~. _ II, Ian ~~ _~ -- _~_ -__; ~ _ I 1 ~ , .11 ~ ~~ ~ ~ I: ~ , ~ . , . ~ I I r _ - - ~ ,, 1.91.1 ' I I I ~ I y' 1 ~-- ~ ~ ~ ~k 4;,111I 1 11, ' ~ ~ ~' -- I -- ~~ . 1 1 1 1 1 , I I 1 ~ 0~~ F,a. -- ~, ~. __ _ l . - __ ~fw ~ I {~~y 6,~y VIII 11111' 1 i l l i -_ \~, I _Y 1 ` `1 I `a7 II II1'~ I I ~~1 _ _ _ - -~_®~ _ 6'. ~' II ryI~111111111I1 As 1. / I~ _-_ _'~.,-; m I cu.~oe y o~.~ ~ ~ l ___ \ ~I n.. r~ _ _ lil ~ 11 I[I Y 6'W I ~ - .~ . 11 ~i I i __ d - -_ - - P2.5 __~ ,. I Yt t -, ~, I w ,tip Ii I :u ' ~ ,~# -- -- _ i ~ -- -~- _ _ m ~ ~ I f, , 11 I I ~ J' - _ wm ~uao~q~~w I i q I I i~ 11 E ~ ® ~ ~8 ~, ' ~ -1 1 I I I I I I r ~ - _ g v 7 1 i ~~ ~ - ~7~r~ri f . ~ ,. ~ - bf/ 1 ; ~ i I ~ ~ ` ~s ~ ° Y } pj1 I I I I I 89 ? I Try 1'---- iy ~ ~~ ~ ~~ ~ ~ ID ~ ~"~ g ~ , GnI I y. yyL.L ~ a ~ ~ 11A\ Rmgv I i I~ / ~~ -'--- 4 I I @ ~ J ' / I I ~ ~~ - - -o.-owawoca~ anw~o ~ ~ ~9 ~ \ ~ I , 11 \ l \ ~ { a ~1 Ii.1I I / ky ~ ) ' .vAa ,~aL m C ~._ ~\ ~ +.. 1 I ~\~ 111 \ I X11 I I ~ ~ I ~ ~ 1 ~ ' ~ `.~ ~ ~ ~ 1 ~ ! IIIIl1Bll 11IIPl ~ '~ _~ ..~~~,~ I ~'lllIIlOlll~lllllll~ ~ I/f / iim i i ~ -- ~ IIII ~ ~~ ~ ~ A (~V ~ /i iv a.~ _, ~ ~ ~ ~V a~~ i ~ ~ /!D / ~~~ '~ i ~ i rid ~... r: i ' ~ ~ ~ i ~ ~ .>, ~ ...1~ ~ ' ~' - - ~ ~ r ~ ~~ .' i h in ~ _. ~ .._ Exhibit A -Page 5 CITY OF MERIDIAN PL7{NNING DEPARTMENT STAFF REPORT FOR THE • G DATE OF JANUARY 16, 2007 y ~ ~ ~ lid ~,um,n,l, ~ ~ i ~~~~~a u'nnV ~' ~ ~ ~. - ~ m ~ ~~ri~ ~e,l ~, _ ~~ ,~..~~, .:~.~: I - ~ ~ ~ ~ ' ~~ pM~o~~~m ~ - i 1 ~ ~'; ' ~€~. ~ .~ ~v a..w,~o m ' ®~,d 4ti~~ ,~ I i ~ I'' ~ , , : I ~ ~ ~ ~ ~ I ~ _ , !~ -- I'. ~. __ (I ap 6Awl sl6i ~ 4 ~~ i \ IVVVV '6 I ' I I ' - ~ Y , i ~.~ + . ~ ys _ d~t ~ I / y l - 4 ~a ~,~ ~~' Legmtl -"_ O ~~~ _` ~ _ _ ~a~ _ ~ ~ ~ ~~ ~ ' ~~ , ~ ~ -_~ ~ ~~ - .' ~ '~ ' ~ ago ~ a~~ m ~ _ - >~._~l ~c p~' ~ ~ ~~ ~ ~ 'o~~~ -- ~ ~~ m ~ ~~ ~a~ ~ ~ ~;~ ~;~~ I i - ~_ _ - ~" ~. ~,g~I ~ - ~. x - ~. ~ I ' '~~ a ~ _ - ~ of ~~L ~ \ \ _- _ \ \ -_ _ I - -~ ~ ~ y~q ~' '~° ~Sr -3....- n ~ - ~ - - ~ ~ ~ ""'~ tit ` E~~~ ' ~ y L , ~ _ r ,~ ~ _ \ a s~~ _ _ ~ ~ _ I i,.. ~ ~ ~ -- _ ~ _ -- ~ v ~ ~ ~ ~,~m .~ { _ ~ ~ - _ - ~ ~ ~` ~'~ ----_ -_ _ o I ~ ~ ~ z' \ ~~ *~ ~ `.~. ~~~` - N 0 ,, ` ~ i \` \\ ,r , I v . ~~. ~ ~ ~~ ~~ ~I ~- v ~ >s~ ~ ~ ~,~ _ . ~ i ~, - `` v ---~-- ~ ~ ` I11 I i 'P' `K lS~~ ` ~ I 1~ p•' \ eL ` ~ ~amr 33 `av°~ 1 ~ I I I 1 -- ~ `. \ T ~ _ --PA~S00.1"El ~ __ ~ -`~ ` -~ 1- I _ 1832 01' ~ _ - _ °p~yy~y C ~ ~ \ ~ \ \ RnT I , ~ ~~~~ `~~ ~`~ `P2.8 Exhibit A -Page 6 CITY OF MERIDIAN PUNNING DEPARTMENT STAFF REPORT FOR THE. G DATE OF JANUARY 16, 2007 -- --- ,' ~ ~ d i - ~r Y ~, ~ ~ ~i ~ _ a, _ / ' / N = l \ Il~l~ ~ I I ~ I _ = ~ _nem mo.~ C \ ~ III 1 ~ ~ ~~ 0 ~_~ I' o _.. -- _ _ I ~o_ _ _ ., _ _ ., ~ ~ m ~?.- - _ -__ ~~ ~; ~~ ~~ '~ ~•E~ I - 0 _ ~~~~ --- i i ~, , ~,v q. r ~~~ w ~ _ ,- ~ _ _ ,. i ~ ~ ~,~ ~ _ ~ _ _ _ i ,.~. 7 - __ ~,_ - , ~ ~ ~~,J ~_ _ - - r i r -~ ~~ ~_"' _ ~ tl --~ _ m, - ~- ~ _ ~ _ ~ i dom...,.. _ ~ _ - -- J ,~ °~~, ° "h ~` i _ _ m~~ _ ~ e ~, m~..®,a...> T - ~~, _~ ~m __ ~ ~ - am- - - ~ 589'14 2s 5* t~ _. ~~.. ~-~~ _, »--_~e ® o ® :a°u:.e'si« _ _ __ ___ I_ ~/~ .me®vm _ _ _. __ ~~~ mmma wmw.unm 4 , \ r _.~-_ ----- -- ---°' -_ _ _ _ _ __s -~ - _ ~. ,~~ ~` ~t a'~ ~ a _~ _ _ 1~ a~ ~ t ~ ~ ~,v ov11 ,>~ .l - ~_~~ i ~~i~ ,~N~r~i~ll~~lial ~ ~ n' ri ~ ~ r n vi,ij ~~ ~ ,~. ~ ,'~ ° o,°' v = ~ ». ~s t ` ~ ~ 11~ _ 1 / ~ r ~1~~) l~ // gib., - - 9 / ~~ l e i~lll li~~~~ ~ b ~ ~ _ ~ ~~ ~y~llllll~,lll i ~~~. ~ P2.10 Exhibit A -Page 7 CTI'I' OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 I91I III e III O __ JI II 11 ~ \. \\ I ~ - - I ~ ~` f~l ~ ~~` ~~ ~ 1 s~ 7 I I 1 81RBtNdee mwv ~ ~a~ ~ ~~~~ 1\ Ili ~,' n.- a l ~ ~ ~l~ ~~y~ I ~ ~ ~ W ~ W l - ~ \~ ~ I.l 1 _ t ~ i N I i 7l u o ~ ~ NMU ~~ 1 - ~ I 1'~R~3?~ _ Legatl _~~..oE~~ma. C I ~ ~ \ 1 t'i \t\ ~ ~• i ~i.+T A \ -__ O l -_ --_~c~ _ - F L ~ ~~- ~ _ - - R'. OVEALpND $OAD ~`,~ ~ n\7\' ~' \\ ~ w '~ ~ vv ~ --_- 0 __® N ~ ~ ~ ~ _ ~ ~ev ~ III ~ i C~ -- -® ~ ~ ~~ ~ _ _ ~ I I ~ ~ ~ ~~~~'~ ` -- ~ _ ~ vv~,: °~~ i II ; I I ~ ,I~ \~\ "~ i I 'I v E~ ~m~ 1 _ ~ i ~A A ~ ~ i 1 ' 1 I ~ ~ v ~ I' _ o1RY°oy A g I _ v 1 , . _ S89'16"JB_~E_ ~~ _ fill .49 1 y _ I I I I ~ ~ I p\I I I ~1,. I\~\\\~~ ~ .~. \ x ~ \ v ~ p ~I 11 I 1 ~~ -- ~ ~ I i ~ ~ I ~w `n €. A ~' ~ ~ x _ ~r; v~ ~ ~ a ~ Illi , ~ ICI d , I ~ ~'~ I ~ i ~ i w -:r.`~ ~ / I / ~ NOT 4 PAPI ~ e I ~ T~ \ I / ~ us ~ ' I ~ / ~ ~ ~- iJ I I I I( ~ ..Fl ~ ~ r ev u ID ~ I 1 I - \ ~ I I as ~ ^ ~ I ~ 1 1 1 1 1 I I X11 ~ 1 V I I I r ~`~"~`m ac~i -\ I ~%@ g y, f t I ~ ' ~ ~ ac ova r~ { i 1 9 T Exhibit A -Page g CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 3. Landscape Plan (5 pages; dated 3-15-06 and 12-14061 ~i Y° 6 4Y R ¢._ Sp s a Exhibit A -Page 9 '"Pk: {wl4vnlro6i WId ~~ r CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE 1 • G DATE OF JANUARY 16, 2007 Exhibit A -Page 10 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE I • G DATE OF JANUARY 16, 2007 ¢ ~, ~~ ~ >> ~ E. . ~ ~ l A ~ ~ r ~ ~ _ ~ _ .~ ~. ~ '/ ~ ~ y+ca ~~ \ ~i o~ F/ / ~~ ~ _ i .3 ~ ,M ~~ '~ 4 c. m „ „stt ~ tt's-u b' .~ % .f'~ ~ r ~' .... A F~ . S ' '~ .a ~~ ~ / s~ / t ~ ' ~' s .'" _-- ss ~ & a ti~ ' i d? 5S a o-z - --- ae °£' ~ j ~ '~ m_ r r I _~ ~ ~ ~--- __~_ ~F ~ i ~ I (~ ~r. _- _ _ - -.. ~ i ._- _ ~' __ _ t I - 1L ~ .. -,- _ I I ~ -~- I i i -_,._ W ~ i ~~ ~, ~~v h ~ m e m ~c~ 5 g aH a ® a ~I ~ ~ 'gym.. gs ~ P -- ~ ., S~ e,~ @a F&~ ~~R ~9 @~~P o- ~ 9 ~~, ~ i~ - I ~ I ~ ! L ~ I I I . -L - {-~~ m ~c ~~- ~' ; ~~ =~° WW~eM 1S ~ re ~ .. ~ _ '. l~ a~V e. / ____ cnr`°° ~ f/~ / T ~ l fff 8/ ,~~- ~~a -____ ~ ~ , ~~ ~ ~ ~ __~ ~0 ~s ,° 4 _ i ~~ ~ , ' ~/ ~% moo ~ ., ;%~ c Y e ° ~ 4` °'0 ' '-~ -, gab ~ ¢, °' ~ .a 9 ixe a <o, 8 _ 2 ~~( ~~ ~!~ ~asm~ePYn Exhibit A -Page 11 CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE 1 ~ G DATE OF JANUARY 16, 2007 F:- ,. _ ~ i c~ ,~ ,j}p t" r e~~~ j ~ ~ },"'~ `~/~/ ,fi ai ~. ~ ~ ~ ~~ ,~ ~r ~ . ~ ~ 3 0 ~' M r`te' ~'so s ~.~ A ~ ~ ~.. °`5r f S~~ ` ~ ~ ~ d C ~ ~ ~•-•~ ,~, 6 F ~, , ~e ~ e ~a 3 .5'~ B~ 9mm .vn _ ~ f... ~' r "~ -e' v.o `~°' At ~, " a ~v ~ ~ ~ t vmm ~® SE ° ~ ' ~s~ ~ . d+• "°~~ ~ ~ fd ~~ ~ ~ b y vim ~ .~mm7 m~ ~ \ p 'G ~ ~ ~ ~ ~~~F,.. Na - v. .611.' ~~ ~I ~~ ~ r.. E.~ _ j r-- m.a . ~ _ ~' _ y ~ ~ y. ~ n ~ Ip ~ ~ Tmw.c_ 'T. I ~~~~ __. L ___ L ~ voa _ ~ .na I a~n 8~ VV ~:o ` ~ ® r .r w ___ ~ i I ~ ~6' pis ~ ~ ~\.~ ~.wn C\ ~ Lm1e~ePin .Q ~' L1.04 Exhibit A -Page 12 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE 1 • G DATE OF JANUARY 16, 2007 4. Elevations presented to the Planninta & Zoning Commission (12 pa;mes) ~~ ~~., ~:~~~ _~„ Exhibit A -Page 13 CITY OF MERIDIAN Pi~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 ;I ~gg i. ~_; f ~_ ~ ~ ,~ -r ,~ .a ~_ l' +6.- ik `` ,~... . ~, ~~. t. 't -' v "~' . ., i ~' . . Exhibit A -Page 14 ~:~ y ~.. ,...~., CITY OF MERIDIAN P~IlVG DEPARTMENT STAFF REPORT FOR THE T ~ G DATE OF JANUARY 16, 2007 ~ ~ ' : ~ t~ ~'j~ , ~ `~ ~' - ~ti 4 Ii ;~ ,. ;, ~ -:~ t "h , ~ ! // t; i ,~ , r f~ ~ .~ ~ ~~ ~ ~ I'' ~ ~ yy ~ ` , .~ d ~ J~ ~ 1r ~w~ I >~ ~~ f~ p ~~ ~~ ~"'~ ~~ ~ ~ ,.~ II ,7 y`~-~f~ai~k 1 ~ ~ ~ ~, Y~~ ~ r - - , :~~ ~ ,~ ~~ , :.... .~ ~~, -~ ti ~f! a:+ °' ~~ Exhibit A -Page 1$ CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 i, ~~ -~- ~;~ ~ , ~_ ..~. t _ -~ is~i I. ~ 1 ~Y ~ }~. fi ~~ k~ is ~ . t ~~ ~. <<i: c ~--- 4'' h ~ k d::.:s~ ' i ^Y ~* ~C -i_ x' ~,~ ~. ,. ,~ E •~~. }} ~rr,r? ..nr l ~ ~ rr y~ P» p,.. . w ~ C r ~ t ~'~:' ~ ~ ,~ ~ ~ °~. ~" .~~v~~mntw,,, ~ w.rrr~rr ~ F. ~~ ~" '~ ~ ~ I`~~~ d I .4 ' ' i .,: ,r E ~ 11 A' ^ ~ y ~ - __ - - „~IGn«.._.... -. ~'rt ..,' "w ~ w~3 M~ y ~ In 0. 1 r ~~ Y j ~,,, is . " C W ~ BSS ~ ~~• er< I ~" ~~~ ~, k~ Exhibit A -Page 1 f) CTI'Y OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEG DATE OF JANUARY 16, 2007 ~.LL ~~ ~:~, ~ ~, i~`j~'~~ s ~~ ~~, ;. 1 ~ e .,,~ ~ ~. R * ~.. ~{ T •-'~' ~~'` t ~ ~ , ,' 2 ~ -~~~ . ~ b fb Y ~ ~ ,_~ ~. ~. ~~. ~~~`, {n,., .. 4 ~ f'~; ~ ~F ~~~ .~ ~ ..~ q r. ~~ ~~ ' ` r :; j~. ,. ;. g + ~ ~ 1 ~ 4 ` , , ~S.T ~ i h ' -3-- r.~ ~" ~ - - ' ~~~ ~. ._ ~~, m . ~. ~. Exhibit A -Page 17 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 ~~ ~,i ~i~^ ~6 `P- ~ "~" ~ ~~ i~- `'~_-- f~ ~ ~ -~ 1 +~ r'~ i i())) t- ~ i .. ~ 4t ~ ~ ~ .~ ~ ~,._ h ~ , " ~ ~ ~~ a ~, _-__ ~; ~ ~ a~ ~. ~, ~' } ~ ; ,.~ ~ ® ~ ~.. , ~- ~ ~ ~, ~, ,. a__ ~ _, ~a Exhibit A -Page 1 g CITY OF MERIDIAN PLtSNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 Exhibit A -Page 19 • CITY OF MERIDIAN P7CANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 200? ,~ :ik r~l ~~. 3, .,.... V y, ~, I C~ a ~+ ~ i -~ - I ~,...__W~s~.t~,--.,d~,.ir~.~__ .-.~ -. ». ~ ~~~ ~ ~ ~~~ ~~ ~a~~ ~a ~.' ~ ~` .~ ~ 1 ~ ,~...,~,~.. a..,..._ . ~~~yy~~ ` _. ... i ,~ ~ ~~~ - ~~ ~ =i".~ ~' -i - ~ ~r~- -va ~~~ f ~~ w ,w~ - - ~._y ~' R ~~ ,~ ~ .~ _ ...y_z, ~_:,~~ ,~ _; ~~ ~,~~ ~~ ~ ~{ ~,~ ~ ~' p'~~. ~~a ~ f~ii =~~r __ _ i ~' i ~~ ~ ~ ~, ~y, ~: f ~~~ ~ ~~~ ~ ( I -_ ~~ ~ ~ j r Exhibit A -Page 20 CITY OF MERIDIAN ING DEPARTMENT STAFF REPORT FOR TFIE • G DATE OF JANUARY 16, 2007 Crk ~~-R 'i F i J` ~s ~. B! ~ , ~'a n ~~ ~.~ ~~ _ ~ _~ ~ -~ Y A~ 1_ ,q _ jj ~fJJA{~~t j~ { ~ ~ ~', Exhibit A -Page 21 CTl'Y OF MERIDIAN PUNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 r ..~ :. ,--t- ~.u, "" _ . ~ ~; a~ 4 _~ ' o _ ~' d ~~. ____ ~ww~~ er ~ ~. dA Exhibit A -Page 22 CITY OF MERIDIAN PUNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 G r. .+'~~ l fi ~ '~ -_ ~, r...._ ~ ~ ~^'= 3 o ~ ~.--_~ ,..~ ~ ~ - :~ ~ r tiw~ ~ t ~ ~~ `~ ~ ~ 1 L E r ~ ~?,-~ ~:, ~' ~~ ~ ~~ 4 •: ~ ~ ~ . j~ 9' sl - `~. ' `--s T+ ' ~ .'~ L-- k^'~ Y ~. _'_'-dam ~ ~. .s.mm~r~rrr ~.r ~ wwr.i ~.~~ ,~ __ ;~. ~_ .~ .~f 'yi-~ '~~ >i j. '~ F~ r w~ l ''`~ E ~~ ~' }1 a. Exhibit A -Page 23 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 ,~;~ ~ i k ~` t ~ r ^' II W' ,y ,. ~ rr~ . '~, ~ r~F - .~.~_ M( '"' ~~ - j. ~; {~ {~ r ~ ~. x ~ ~ --~ r . t ~~ ' ~ i~ U~~~ = ~I" ~"~ ~ I ~~ 4 ~-+J ~ ~n l, i E r -~ ~ ~~ r `' r ? ~ r ,a ~° Exhibit A -Page 24 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 B. Conditions of Approval 1. Planning Department ANNEXATION AND ZONING PROVISIONS (AZ-06-031) 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. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Southridge as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and TN-R zoned lots with frontage on Overland Road and Linder Road, be subject to Design Review approval; that all TN-C zoned lots contain structures that are at least two-stories tall except for the public library; and that all commercial buildings in the TN-C zone be located between the a public street and the parking lot (as shown on the original master concept plan dated 4-15-06). 3. That all TN-R zoned lots and uses will comply with the recently adopted TN-R standards adopted in the UDC (see Ordinance# 06-1241); that the TN-C zoned area along Overland Road will include: at least 20 multi-family dwelling units with the dwelling units being located primarily between Overland Road and any surface parking area for the units; at least 20 attached single-family dwellings and/or townhouse units; that a useable common open space area (park) of at least 10.000 square feet. excludine parking areas and/or drainasre areas. and includine some recreational eauipment (e.~. - s?azebo with benches. BBO area. tot-lot, swimming Wool. clubhouse. etc.l within the oven space area be provided on site; and an internal pedestrian connection to the TN-C zoned property to the west shall be provided. 4. 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 (building permit submittal). All of the future lots shall comply with the standard lot size, setbacks, and street frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R zones established in the UDC. 5. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development (building permit submittal). 6. That the applicant will be responsible for all costs associated with the sewer and water service extension. 7. 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. 8. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 9. That only one public street access, and no direct lot access or driveways, to Ten Mile Road will be allowed on this site; that a maximum of five public street Exhibit B -Page 1 CTfY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 accesses, and up to two driveways, to Overland Road will be allowed on this site (not including the fire station, and subject to ACFID approval); and that a maximum of two public street accesses, and no direct lot access or driveways, to Linder Road will be allowed on this site (subject to ACRD approval). 10. That public street frontage as shown on the revised master concept plan, or a cross access/ingress-egress will be provided to Parcel #51223110500, which is located on Linder Road. 11. That the applicant agrees to release any interest the subject properties may have in Windy Ridge Lane and/or Old Thorn Lane. That the applicant agrees to construct at least one stub street to the outparcel surrounded by mega lot 1, with the first plat within said mega lot. That the applicant agrees that they will not be allowed to record lots that are currently encumbered by private lane easements, until said easements are vacated. 12. The s~ riva a park lot, clubhouse and Wool. shall be included within the first final plat phase of this development as shown on the revised master site plan; all "mega" lots shown on the master concept plan, west of the first phase, shall be annexed and recorded as mega lots with the first final plat, but no home or road construction shall occur in this area until such time as the Ten Mile Area Specific Plan is adopted by the City. After such time, the mega lots may be developed if new (detailed) preliminary and then final plats of the mega lots, that are consistent with the adopted Ten Mile Area Specific Plan, are submitted and approved by the City. No variances to lot dimensions. setbacks or block lengths shall be reauested by the almlicant as Hart of the re-development of the mesa lots. 13. That any future buildable lot shall not be encumbered by the existing Northwest Pipeline easement that bisects this property. 14. That the applicant has requested an alternative schedule for the construction of the required landscaping adjacent to Overland Road, Linder Road and Ten Mile Road; that said buffers will be constructed in accordance with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and that all landscape street buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 15. That all internal landscaping shall be installed as each phase final plats, prior to occupancy of any structures within each phase. 16. That the applicant agrees to plat a public library lot and an elementary school lot with the first phase of development. That the applicant will the the drainaee facility on the northern property boundary. between the elementary school site and the public library lot. 17. That with the construction of the first phase (prior to any occupancy being granted), a 10-foot wide multi-use pathway shall be constructed on this site generally consistent with the applicant's interconnectivity elan from Linder Road to the c-~ rivate park (temporarily terminating at the sib rivate ark) with the remainder out to Ten Mile Road to be constructed with future phases as they are brought in for replatting. The city will require additional multi-use pathways that are consistent with the City's athwavs Plan. generally along the Ridenbaugh Canal and/or within the northwest pipeline easement, as the mega lots develop. 1 S. That-~e-a~}ic~~-: o ®~ t~e~e- ,,.,..,.e ,.~.e • +• a ~ Abridge crossings shall be constructed ~ between the future multi-family units and the commercial uses on Overland Road, if this section is left oven and enhanced Exhibit B -Page 2 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 with Brass seeding. and not covered. 19. That the applicant agrees to provide at least the following amenities on this site: a community clubhouse, pool azea, and tot lot; and any other amenities required by the Commission andlor Council at the public hearings. 20. That the applicant construct the Black Cat Trunk through this development the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. The invert elevation at this point shall be in compliance with the City of Meridian's Master Sewer Plan. 21. That the applicant agrees to construct a development and public street system on this site that is in general compliance with the submitted Master Concept Plan, prepazed by The Land Group, Inc., labeled sheet M1.0, dated 4-15-06, with the provisions mentioned above (detailed approval of the internal street systems will be reviewed and approved with the re-subdivision of each mega lot). Provide a stub street to at least one of the 5-acre lots in Val Vista Subdivision when mega lot 2 develops. Said stub street shall be located neaz the west property line. Also provide a public stub street to either. Pazcel #51223233905 or #51223234100 to the west. when mega lot 2 develops. NOTE: In accordance with ACRD policy. the applicant should include lan~uaae at the temporary termini of these stub streets that state that the roadways will be extended in the future (portions of the fences will have to be removed to accomplish thisl. 22. The applicant has agreed to limit the height of homes on the southern border shared with Val Vista Subdivision and Aspen Cove Subdivision to a single story, with a maximum height of 22 feet (measured from either the mid point of the front of the lot at the ton back of curb or the mid point of the reaz of the lot (whichever is more restrictivel. to the average height of the hi est roof surfacel. The applicant has also agreed to provide a greater than ~-~ foot rear setback for the lots along the southern boundary. The applicant has also agreed and shall be reauired. to construct a solid 6-foot tall masonry fence adiacent_ to the lots in Val Vista Subdivision and Aspen Cove Subdivision. prior to issuance__ of building permits within the first phase of the development. 23. The applicant shall be reauired to construct a minimum of 1.000 residenti dwelling units on the property and a maximum of 1.252 residential dwelling units on the property. unless otherwis_ a specifically approved by the City Council hrough subsequent ap lications. 24. The applicant shall comply with all adopted state and federal air and dust particulate emission standards. The applicant shall make all reasonable attempts to abate (mitigate) dust settling on adiacent properties generated by the development of the property. The applicant shall keep a water truck on site at all times. unless otherwise allowed by authorized city staff. and the applicant shall use said truck to abate the emission of dust. 25. With the development of the village center at Overland Road and Linder Road, the applicant shall incoroorate and build at least one trasit stop. including benches and covers. The applicant shall incoroorate and construct a pazk and ride azea neaz the proposed fire station and Ten Mile Road. 26. rior to the signature of the first final plat. the applicant shall submit and obtain City Council approval for. a development agreement modification that proposes specific and detailed architectural guidelines for this development that address at a minimum) variety in structures within a block. building mass. building terials. rooflines. colors. and acchitectural styles. 27. The a plicant shall work with ACRD to align Overland Road to accommodate development of the Prather property to the west (across Ten Mile Roadl. Exhibit B -Page 3 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-031) 1.1.1 The revised preliminary plat, prepared by The Land Group, Inc., dated "~ 12-7-06 is n~ approved. et} ~1-~:,~~~~~? ", e~ „a „ ° ..~~ day-Bed 1-4. All comments and Development Agreement provisions of the accompanying Annexation and Zoning (AZ-06-031) application shall also be considered conditions of the Preliminary Plat (PP-06-031). 1.1.2 ~°°°°~* ~ ~ "^°°~ T °* ^, ^ All of the proposed Mega Lots shall be included within the boundaries of the first final plat for this property. E~eept~er~e ~ T °* ^, ° "'1 eta Mega Lots shall be designated non-buildable lots on the face of the final plat. 1.1.3 Include Mega~e~4 the sib private nark site as a buildable park lot within the final plat of the first phase. 1.1.4 Construct Overland Road, from Linder Road to Ten Mile Road, as proposed on the preliminary plat (subject to ACRD approval). With the first final plat, construct Southern Way from Overland Road to Southpoint Way (subject to ACRD approval). 1.1.5 Revise the preliminary plat to show how much of an impact the detached sidewalk will have on the proposed TN-R lots, by depicting the sidewalk easement on the plat. (Staff has concerns with this easement not being shown on the plat, as building setbacks are measured from the back of sidewalk and the buildable area for most of the lots in the TN-R zone are around 4,000 square feet. The submitted preliminary plat does not reflect an easement for the sidewalk, as the walk will be outside of the proposed 50-foot right-of--way for the street.) 1.1.6 All TN-R zoned dwelling units shall have a minimum of two lights at the front of the unit; all dwelling units on alleys shall have a minimum of two lights along the alley. All TN-R standards should be complied with. 1.1.7 All alleys shall be designed and constructed in accordance with the standards listed in UDC 11- 6C-3B5. 1.1.8 Place a note on the face of the final plat, restricting direct lot access to Overland Road, Ten Mile Road and Linder Road. 1.1.9 As amenities for the first phase, set aside approximately 8.9 acres/13% of the site for common open space; construct amicro-path in Lot 52, Block 3; "^~° °~" ~''° a....:.. '-°~°°°-• *'~° °°''°°' construct a 10-foot wide multi-use pathway generally adjacent to the Ridenbaugh Canal (maintain a 5-foot wide landscape buffer along the 10-foot wide multi-use pathway), and dedi~~ construct a private park. Construct any additional amenities that may be required by the Commission and Council. 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (Ridenbaugh) and drains being uses as a water amenity °~*°, ••~ +° ~'~~°~'°-'a D°~a`, intersecting, crossing or lying within the area being developed should be tiled. Staff recommends that exclusive of the Ridenbaugh Canal all irrigation ditches, laterals and canals be tiled on this site. Exhibit B -Page 4 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 1.1.11 Construct amicro-path on Lot 52, Block 3, and one pedestrian walkway between the library lot and the school lot, within this phase of the development. With the development of me a~ lot 3, construct amicro-path across Southpoint Way, ,that connects with the future multi-use pathway along the south side of the Ridenbaugh. Construct amicro-path between Block 3, and the future multi-family units in Mega Lot 5. All micro-paths in the development shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths (not the pedestrian walkway between the school and the library) should comply with UDC 11-3B (Lot 52, between Lots 53 and 54, Block 3, does not have enough landscaping on the sides of the pathway and will need to be amended). 1.1.12 The landscape plan prepared by The Land Group, Inc., on 3-15-06 and 12-14-06, labeled Sheets L1.00, L1.01, L1.02, L1.03, and L1.04 (regarding the buildable lots in the first phase) is approved with the following modifications/notes: • Provide a 25-foot wide landscape buffer along Overland Road and Linder Road, as proposed. Provide an 8-foot wide landscape planter (parkway) along both sides of the streets within the TN-R zone, and install Class II trees within the parkway (between the back of curb and the face of the 4-foot wide sidewalk). The landscape buffers along the streets shall be placed in common lots (adjacent to TN-R and R-8 zones) or in permanent easements (adjacent to TN-C lots). All street buffers shall be designed in accordance with UDC 11- 3B-7. • Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths. • Provide amenities and open space as follows; 8_9 acres (13%) of common open space, amicro-path on Lot 52, Block 3; ^+~ ~-~*~-~~®-- r ,.+^ n~ ^--a ^~, ~'~^'~ ~; a micro-path between the future multi-family units on Mega Lot 8 and the non-residential uses in Block 3; and amicro-path between the school lot and the library lot, construct a 10-foot wide multi-use pathway from the eastern property line to the A~+erl park site, and any other amenities as required by the Commission or Council. • 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 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. All standards of installation shall apply as listed in UDC 11-3B-14. 1.1.13 Staff is in agreement with the Perimeter Landscape Requirement Plan prepared by The Land Group, Inc., dated 4-15-06, sheet PLR1.0; and Staff is recommending that as part of the Development Agreement, this plan be adopted. Because the mega lots are being platted with the first phase, Staff recommends that all of the landscape buffers adjacent to the arterial streets be platted with the first final plat, but not constructed until the adjacent area develops. UDC 11-3B- 7C2 requires all residential street buffers to be on a common lot and all commercial and other nonresidential street buffers to be on a common lot or a permanent easement, maintained by the property owner or the business owners association. • Along Ten Mile Road, a 35-foot wide landscape buffer lot should be platted. • Along Overland Road, from Ten Mile Road to just across the Ridenbaugh Canal, Exhibit B -Page 5 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HF~G DATE OF JANUARY 16, 2007 a 35-foot wide landscape buffer should be platted; a 25-foot wide landscape buffer should be platted along Overland Road where it is not an entryway corridor (adjacent to the TN-C and L-O lots said buffer may be in an easement, adjacent to the TN-R and R-81ots, the landscape buffer should be within a lot.) • Along Linder Road, a 25-foot wide landscape buffer should be platted (adjacent to the TN-C lots said buffer may be within a landscape easement, adjacent to the TN-R, R-8 and R-4 lots, the landscape buffer should be in a lot(s)). The submitted preliminary plat should be revised accordingly. The future landscape plans, submitted when the mega lots redevelop, will be evaluated at that time for compliance with UDC 11-3B-7, Landscape Buffers along Streets. 1.1.14 In accordance with UDC 11 3A-7A7a, construct fencing adjacent to micro-paths to distinguish common from private areas. 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. 1.1.15 Maintenance of all common areas shall be the responsibility of the Southridge Home Owners' or Business Owners' Associations. 1.1.16 An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.17 All existing buildings/structures that span across proposed lot lines shall be removed or relocated prior to signature of the final plat by the City Engineer. 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT (PP-06-031) 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, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 6 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 1.2.6 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 the planned Black Cat Trunk. The bid for phase 3 of the Black Cat Trunk has been awarded and is planned to be in Overland Road by Apri107'. However this property is currently not serviceable and the City of Meridian does not guarantee service in the timelines established in the UDC. 2.2 No temporary or interim lift stations shall be allowed on this site. 2.3 The applicant shall be responsible to install the Black Cat Trunk through this project to the intersection of S. Linder Road and American Frontier Drive with the first phase of this project. This condition can be rescinded by the City Engineer if documentation is submitted that proves to his satisfaction that this condition is unattainable. 2.4 The applicant shall be responsible to upsize the leg of the lateral trunk being routed through to the southwest corner of this project at Ten Mile Road. The size needed is being determined now through ongoing modeling exercises. 2.5 No sewer manholes or water valves shall be allowed in landscape islands. If mains are routed under the islands then no trees or other fixed vertical objects shall be allowed. 2.6 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. 2.7 All water meters located in common driveways shall be constructed of traffic rated materials per City of Meridian Standard Specifications. 2.8 The applicant shall install sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.9 Water service to this site is being proposed via extension of mains in the intersection of Overland and Locust Grove. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.10 Due to the topography of this site, this property will lie within two different pressure zones. The applicant shall be responsible to install a minimum of two pressure reducing vaults/valves. 2.11 Due to the fact that there is no existing feed for the new high pressure zone being created by this development, the applicant shall be responsible to install a booster station, and donate a well site on the south side of the Ridenbaugh Canal, location to be coordinated with the Public Works Department. This condition may be rescinded by the City Engineer if subsequent development provides the feed for this zone. 2.12 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. 2.13 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). Exhibit B -Page 7 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE I • G DATE OF JANUARY 16, 2007 2.14 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. 2.15 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.16 All existing structures not meeting setbacks or the dimensional standards outlined in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.17 If the sidewalk is not fully contained within the right-of--way the applicant shall dedicate additional width to the public utilities, drainage and irrigation easement along the right-of way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.18 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. 2.19 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.20 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. 2.21 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.22 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.23 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.24 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B -Page 8 CTI'Y OF MERIDIAN P)~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.25 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.28 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.29 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.30 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.31 One hundred watt, high-pressure sodium streetlights, 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 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. 3.2 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. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B -Page 9 CITY OF MERIDIAN PLING DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF JANUARY 16, 2007 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.8 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. 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 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.10 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.11 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.12 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. 3.13 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 1/2 the diagonal measurement of the full development. 3.14 Building setbacks shall be per the International Building Code for one and two story construction. 3.15 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. 3.16 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. 3.17 \The proposed 206-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 597 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. Exhibit B -Page 10 CTI'Y OF MERIDIAN PL7~i TNING DEPARTMENT STAFF REPORT FOR THE HE• G DATE OF JANUARY 16, 2007 3.18 The office/commercial lots lots will have an unknown transient population and 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 yeaz 2010. 3.19 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 fue and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.20 Maintain a sepazation of 5' from the building to the dumpster enclosure. 3.21 Provide a Knox box entry system for the complex prior to occupancy. 3.22 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.23 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.24 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. 3.25 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.26 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 azound 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). 3.27 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.28 There shall be a fire hydrant within 100' of all Fire Department connections. 3.29 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.30 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.31 Pool chemicals shall be stored in compliance with the International Fire Code. 3.32 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) Exhibit B -Page 11 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE I ~ G DATE OF JANUARY 16, 2007 3.33 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 mz) shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 mz) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 The proposed development does not offer natural surveillance opporhanities 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 areas, 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 plat 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 Southern Way. 4.5 The proposed landscaping creates a hiding spots between Rio De Plata Court and Southern Way. The applicant shall submit a revised landscaping plan that affords greater visibility of the area from public areas such as a street or parking lot. 4.6 Provide lighting along pathways. 5. Parks Department ee memo to Mavor and Citv Co roc'1 dated -Tanna_rv 2~_ 2007 for additional comments. 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (iTDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.5 Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed Exhibit B -Page 12 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. 6. Sanitary Service Company 6.1.1 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. Ada County Highway District (Original conditions of approval) (NOTE: The conditions below are based on the original plat layout, not the revised plans) Site Specific Conditions ofAppYOVaI 1. If the applicant does not enter into an agreement with the District for the reconstruction of Overland Road, at a minimum the applicant will be required to construct a left turn lane for the site entrances on Overland Road. 2. Dedicate 54-feet ofright-of--way from the centerline for Linder Road abutting the site for the first 500-feet south of Overland Road. The right-of--way dedication will taper to 48-feet for 300-feet. Dedicate a total of 48-feet ofright-of--way for the remaining frontage on Linder Road. Coordinate the exact right-of--way dedication with District Design and Right-of--Way staff. These right-of- way widths anticipate that a detached sidewalk will be constructed within the right-of--way. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. 3. Construct a 5-foot detached concrete sidewalk on Linder Road abutting the site. The sidewalk shall be located a minimum of 5-feet from the future back-of--curb location. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 4. Dedicate 54-feet ofright-of--way from the centerline for Overland Road abutting the site for the first 500-feet west of Linder Road. The right-of--way dedication will taper to 48-feet for 300-feet. Dedicate a total of 48-feet ofright-of--way for the remaining frontage on Overland Road. Coordinate the exact right-of--way dedication with District Right-of--Way staff. Theseright-of- way widths anticipate that a detached sidewalk will be constructed outside of the right-of--way. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. 5. Construct a 5-foot detached concrete sidewalk on Overland Road abutting the site. The sidewalk shall be located a minimum of 5-feet from the future back-of--curb location. If the sidewalk is located outside of the right-of--way, the applicant will be required to provide an easement for public use of the sidewalk. 6. Dedicate a total of 48-feet ofright-of--way from centerline for Ten Mile Road abutting the site. The applicant will be compensated at fair-market value for the right-of--way that is dedicated which is in addition to the existing ACRD right-of--way. Exhibit B -Page 13 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 16, 2007 7. Construct a 5-foot wide detached concrete sidewalk on Ten Mile Road abutting the site, located a minimum of 41-feet from the centerline of the right-of--way. 8. Construct afull-access commercial street, Spanish Sun Avenue, to intersect Overland Road, a minimum of 600-feet west of Linder Road. The 600-foot measurement shall be the distance between the location of the new STOP bar on Overland Road (at its widened intersection with Linder Road) to the neaz edge of the new commercial street. 9. Construct afull-access residential collector, Southern Way, to intersect Overland Road approximately 1,760-feet east of the existing centerline of Ten Mile Road (measured centerline to center line). 10. Either relocate Sunridge Drive to intersect Linder Road adjacent to the out pazcels north property line as a full access, OR construct a private driveway to intersect Linder Road approximately 460-feet south of Overland Road (measured centerline to centerline). The private driveway would be required to be restricted to right-in/right-out by means of a raised concrete median on Linder Road. 11. Construct afull-access commercial street, American Frontier Drive, to intersect Linder Road approximately 1,300-feet south of Overland Road (measure centerline to centerline) 12. Construct afull-access residential collector, Timberwood Drive, to intersect Ten Mile Road, approximately 2,120-feet south of the existing centerline of Overland Road at the site's south property line, as proposed. 13. Construct the following roadway segments as residential collectors with 36-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 50-feet ofright-of--way. These roadways shall have no on street pazking and no front on housing: • Timberwood Drive from Ten Mile Road east to its intersection with Southern Way. • Southern Way from Overland Road to a point approximately 460-feet southeast of its intersection with Timberwood Drive. 14. Construct Southridge Drive as a 36-foot residential collector with vertical curb, gutter, and 5-foot concrete sidewalks from the roundabout intersection with American Frontier Drive south to Heavy Timber Drive. This roadway segment shall have no on street pazking. This roadway segment shall be designed to accommodate 2-travel lanes and 2-on street bike lanes. 15. Construct Southridge Drive as a residential collector with vertical curb, gutter, and 5-foot concrete sidewalk from Heavy Timber Drive to Southpoint Way. This roadway segment may have on street pazking on the west side of the roadway only. This roadway segment will be designed to accommodate one pazking lane, 2-travel lanes, and 2-on street bike lanes. 16. Redesign the proposed five residential lots on Southridge Drive north of its intersection with Southpoint Way site so that no lots will take direct access to Southridge Drive. 17. Construct the following roadway segments as commercial roadways with standard 40-foot street sections (vertical curb, gutter, and 5-foot concrete sidewalks) within 54-feet ofright-of--way unless other wise noted below: • Spanish Sun Avenue from Overland Road to Sunridge Drive. Exhibit B -Page 14 CITY OF MERIDIAN PING DEPARTMENT STAFF REPORT FOR THE HE~ G DATE OF JANUARY 16, 2007 • Sunridge Drive from Spanish Sun Avenue to Linder Road. • American Frontier Drive from Linder Road to Southridge Drive. • Southridge Drive from Spanish Sun Avenue south to the roundabout intersection with American Frontier Drive. The following internal commercial roadway segments shall be constructed to accommodate one parking lane, a center turn lane, and 2-travel lanes with on street parking restricted to one side of the roadway. Southridge Drive, from Spanish Sun Avenue to a point north of the sputter islands for the proposed round about (this location will have to be coordinated with District Traffic Services staff). American Frontier, from Farmington Drive to Woodhouse Avenue, on the south side of the roadway. 18. On street parking will be restricted on the following roadway segments: • Spanish Sun Avenue • Southridge Drive and American Frontier Drive adjacent to the proposed elementary school site. • Southridge Drive and American Frontier Drive on the segments leading into the proposed roundabout. • Southern Way • Timberwood Drive 19. Construct the internal residential streets, with the exception of Rustica Street, as 37-foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. Provide a minimum 24-feet (face-of--curb to face-of--curb) between the proposed bulb- outs at the local street intersections. Provide written approval for the bulb-out designs from the Meridian Fire Department. Coordinate the exact design of the proposed bulb-outs with District Traffic Services and Development Review staff. 20. Construct Rustica Street as a 29-foot street section within 42-feet ofright-of--way, as proposed. Receive written Fire Department approval for the reduced street section. Parking will be restricted to one side of the roadway. 21. Re-design the proposed alleys in Blocks 3 and 4 to remove the proposed 90-degree curve. Construct all the internal alleys as 20-foot wide paved public alleys. 22. Construct the following stub streets as proposed: • First stub street to the south, Woodington Avenue, located 80-feet west of Linder Road (measured property line to centerline). • Second stub street to the south, Woodhouse Avenue, located 146-feet west of Linder Road (measured property line to centerline). • First stub to the west, Rio De Plata Ct, located 720-feet north of the south property line (measured property line to centerline). • First stub to the northwest, Southpoint Way, located 1,200-feet north of the south property line (measured property line to centerline). • Second stub street to the northwest, Heavy Timber Drive, located 1,680-feet west of Linder Road (measured property line to centerline). Exhibit B -Page 15 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JANUARY 16, 2007 23. Construct the five cul-de-sac turnarounds with center landscape islands with a minimum 45-foot turn radius and a 29-foot street section on all sides of the center landscape islands. 24. Coordinate the design of the proposed roundabout at the intersection of Southridge Drive and American Frontier Drive with District Traffic Services staff. 25. Submit the bridge plans for the two crossings of the Ridenbaugh Canal (Southern Way) for review and approval prior to the pre-construction meeting and plat approval. 26. Resubmit the preliminary plat to demonstrate compliance with the site specific conditions of approval. This will be required prior to the District reviewing construction plans. 27. Other than the access specifically approved with this application, direct lot access is prohibited to Ten Mile Road and Linder Road and shall be noted on the final plat. The access restrictions for Overland Road will be determined upon future preliminary plat submissions. 28. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 5. Comply with the District's Tree Planter Width Interim Policy. 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. 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. 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. 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. Exhibit B -Page 16 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE I ~ G DATE OF JANUARY 16, 2007 10. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 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. 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. S. Central District Health Department 8.1 After written approval from appropriate entities aze 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 & Welfaze, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 8.4 It is recommended that storm water bepre-treated prior to dischazge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Nampa & Meridian Irrigation District 9.1 No comments received Exhibit B -Page 17 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 C. Annexation and Zoning Legal Descriptions z i_. ~r r~ z,eioro csaaup, uvc. May 4, 2{X15 Pr~ct Na. U5021 I~~ai 1}~eripticra Sotidge Stzivisicsri 2;87 armies k~» A tract of Saud situated in the North (3ne Hxalf and the N®rtl~ast ~ Quar9er a~fthe Southeast Clne tarter of Sectir~n 23, T®wn~p 3 North, tie 1 1~Vest, Boise Merilisrn, Ada Cotmty, Idaho, Jibed as foliows: Commaacing at a Eased Sly-inch 1 Pitt isan~aueAtin~ the hiortheest Iwott~r of said 3uctioat 23 on the celkR~line ofLindes' Rand bam~ the 1?t31NT t3F BEC11I+~1NG. Theme foltaevirag the iine sf said Secfliara 23 and the c~eratsriine of mid Linder Rid, South t38°41 °~ii" ~d'cst: a dish of 639;61 frx;t tv a faund `SPB-h steel pin; Th~ce i+ravius said easterly line seat said ren#eriine, lJortia 89°I9'41"west a distance of 199.25 feet to a faura~ SJB-inch ate~e9 p Thence Soath ~°41.°25" West a ~e esf2aA 6tl feset to a An~tz Thenrsr South ~°i9'41" East a dist~e of 199.25 feet tcs a found Sf8•inch steel irin an said easterly iine and sadd ~ctt~Iipe; Thence fniiowing sold easterly line and said eentexiiFae South ~0'"41'28" west s diste of 1,x'41.04 feet to a im€tt~ Thence ~t3 attid easterly lino and said ue~e, N 69°03'02" West a dista~e of 283:$2 feet to a point oa tha centerlirfe of the Ridcnibaugh Lanai; Thence fisUowi~ the crline ofsaki baatgh Lanai the f©ila~ing 6ile~n 6 323:51 Peet follov~sirag tits anc e€ a ar-n tatt~snt cattve to thy left„ said curve having a radius of 531.24 feet, a central°a~le oP29~2i`~i", a chord rrbeeatirt~ oPNvrtla 44°43'077" West aaut a chord distance of 3 i 9:98 feet to a t^'~s Ala7rd- 59°597" West a CY-st&IICe Of 73.72 feet to a paid 90.21 feet foilrawing the arc. a circular c~nre to k~t~, sal+~ rangy l~ e r~lius of i 20.OL? fit, s ces aitgie of 43°04'24", a chord bearing of Noi4h 8l °3i'39" West soul a chord distance e~f 8>3.10 Peet to a paaint: South 7556'09" Wesi a3 distattoe of 93;°79 feet to a poi 83;95 feet foils the arc a sixeulat carve to si~~ig~, said curWe l~vix~ a radius of 100.041 , a ce~ral angle aP48"'06'06°, a chard bed of Na~rth 79°x'48" West a ~lmrd dim of 81.51 Pmt to a p~iat; tie .smaa,•t~t ~ ..t-~~" 4b2 P s1~s'cDrivr„~c Dom, l~sg3e, Ids 6369G~~?,0&.939 ~1 a~"?a18.93b.49~9. x~w dae7an<facvzo~;iereom G:~aatsk~~~~`s~us.+{a~,x.ar~...r.~ts~a~ Exhibit C -Page 1 CITY OF MERIDIAN PL~G DEPARTMENT STAFF REPORT FOR TH~ ARING DATE OF MARCH 2, 2006 ..~.. r~ ~`' ~~ ~,.~ ~a I.AA1D caaur, use North 54°57"45" West a distance of 1 Qg.31 feet tv a pvi~; 9f3.38 feet fcsllvwi~g thc,arc'a circular rtuve tta the Ieft, paid curve having a radius of 12fl;Ofl feet, a s;crtteal angle of 43"!33'30", of cl~rd beatitag of North 76°29'313" S~l!cat and a chard distance of 138.fl7 fet;t !u a point: South $1 °58'45"' West a distance of 389.01 feet to a point; 164.45 i'eet following the aec a circular curve to the }e0„ said. curve having a t~liu& of 15q.g0 fit, a ~ angle of51®17'12", a chars] bearing of Sonih 51 ~2q`09" West and a ehvrtl distance of l 52:91 feet to a puirn: South 211°41'33° West a ~isiaxtcec Qf 216:91 feet to a iania~ 262.75 feet following the tare ~ circular cows to the right, ~tid curve having a radius of42fl.Ofl feet, a central angle of 35°Sl)'36", a ehttrd bearing of South 38°36'51 ° West and a Ghnrd distal of 28.48 feet to a point: Soutl- 56°3"'09" West s distance of 343.51 feet to a point; 1f~,04 feet following the arh to circular crave tr3 tl~ rt~t, said curve wing a t~ius of 64.53 feet, a central angle of 1 ~7° 12'00", n. chord bearing of Norott 49a51'S1" West and a chard distance of 124,fl0 fe~:t Yo s faint; North 23°44'I5" 1=:ast a distarlcce of 142.OQ feet to a point; North 32°Ob' 19" F.4st a distance of 219.83 feet to s .point on the ~utherly line of il~ N~ OSe Half of said Seedun 23; Thence leavlt~ sand centerline rind fvUvwing said southerl3v line, Nardi $9°'fl2'S5" West a disturiee of 712 43 feet to a found 5/~-inch steel pin ancmumcttting tl~e Center Qate Qtaartcrnf said ion 23; Thence follaa said southerly line, N®rda 8~1°Q4'17" West a dist~ce of 1,832.fli face tv a found 1/2anch steel pia; Thence leavitag said setuthcrlg .line, North 22°1)'9'32" Vb'est a tiiatattce of 520.1 feet io a found I/2-iturh steel pin; Thenc® North 89°15'08" West a distaacc of 630.49 feet to a pcKltt on the westeray tine ofsaiid Sectitan 23 an the cettterlit~ ni'Ten'Mile Road; Theaace follnwitig the weaterl3r line of staid Section 23 and. the c~ettterlme of said Ten Mlle Read„ North Ot?°56'19" kL a disuance of 1,51 fl.7$ fact to tt quint: Thenaa leaving said wrl~ titre and said centQrliaie, South 89°fl3'37" East a dis~nee vf25.00 fret to a point; `I~aetrce 5outlt 3411`02" f~Qt s distance of 255;76 f~ to n lroiist; Thence S®attt 21 °fl8°47" Fast a distance of 141.89 feet to a paind; Thence South 21v4ti°52" F..ast a distance of 332;62 feet tv a ptrint; Thettcc Jurd~ t3142~i°Q$" t a rtisteitce of 111.84 fist to a point; Thence i~Iwth 850'23" fiast a distance of 2131.34 fit tte rz ~sit-t; 1$ence Ni~ri$13m i 0'43" F.,asi a distrlatee of 138.58 feet tv a point Thcncg North 2fi°i39'p T'" West a distattrx of 330.7? fit tv a ~it~ tc~a~a•su«~ar - 'et„oAe~r .fit:. M 462I» Sh+3rcc P,hisr, Ste, li4D, Faqir, IsF~{us A31~t4•1'y934.4f#t1 d~?.4t9.4139.4445 •vwvivrr. Em1.,..,t,ga~yt~in~ Berm G:~,to05D~-1~z~suxvcl+li~ ebezylimit,`tFa~dla4,t.L_i1GU'sti~feda~smk_t6t921:~mnekleicr Exhibit C -Page 2 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 `W TH13 t.AN~-G$OU1; UvE. u~uw% Nolttl 1 ~°Ql'+~7" Vv'CSt II d~5taQ,C6 O~ 2T.3.~4 feet ton pDlflt; Theatre Notch 13° 1 I'S~" P,ast ~ distance of # f 6.S I fc~t tra a p~iat; T6ent:e Natth 37°A~'03~ Fit a distance of 149,62 feet tc> a mint on the norttrerty Eire of said S~Mion: 23 end dte c~ntorline of Ov$rlt~td Rid; Thet-ce fbQawiung the nattlterilt line of said Section 23 ettd the centerline of mud Ch=~la~ Road, Sottttt 8°15'27" Fast a distance of l,fl2d.45 feet tat a 1'ouaid ~,~- inch steel pia monum':nting the West One Sixteenth Cgraer of said Stun 23 Sl~titm 14; Township 3 Ntmh, Rend I ~Va;st„ .Boise-Meridian;. Thence P©Ilflwing said ttott#xerly laic ttnd mid centerline, Scluth $~° 14°25" Bast a distattt~ of 1,326.15 fwet to n ftxund brass ~ monutttettting the #kbrth ~lne t,~uartcr of staid Section 23~ `t'hence follov~tittp said northerly ling attd said center#itte, South g9°`I9'4i " F.~t a distance of 665.41 fort to a poiit~ Thence lea~ring said not~lterly line and said ~ater#ine, South 00°38'49" West a dismal' of 888.62 feet tea a fowtd S/$-itch steel pits; 1'hen~e South 8~+°]9'29" F,asi a distanax of250.00 feel to a found 518-inch stco# Pin+ Thence Not~th 40°38'49" a distance of 888.64 feet to a lu.,utt cHt said northerly Line and paid centerline; fihence folloc~ting, mid rntttherly line end said Centerline, South 8~~19'4;" Fast a distance of 1,746,2 feet the Pgltv'T OF BEC~,iN'1V'ING. The above-descttibtxt trrtct of land. ahttctlins ~'~'1.03 acres; mare yr l~s stabject te, atl existing erasetncnts and rights.-rsf vuay. EXC~FTII~TG T)~El~`AOM: t1 tract of#and situated in the Northwanst One Quarter ofthe Northw®st One t~uarter of Sectian 23, Township 3 Notch, Range I Wei, Boise Me~diea, Ada Coumy, Idaho, describc~l as follodvs: Comme+ttcing at a found brass cap mc~nuurterating the R#arthwest Cort~r of said Section 23, the #'ollowing the ttctttherly tine ®f staid Adottlicveai One ~ttartaP of the Northws:st Qne Qtu-`trter, South 89°i5"~7" Bast a distance of 1,125.6 feet to a paint; Thence leaving said northerly line, Sauth t#0~4SF'33" hest a distrnce of 36.34 feet to a paint on tJte aenterlitte of the. Ridertbxuglt GGAnltl sang the PUIIV7' Olt T3~GINNING. '1 hence following, the centerline of said Ridenbaugh Catr~ the follo~'irrg two cout~es: Satoh 73°37'50" halt rt distance of IS3.fl3 feet to a point Land •S~eW.ffm~ . F ~ £*et~f'es~ay Pr~artsn c3' 1~ ~G as 4f2 ~, Sho~r t~tive, Ste. YID, F~Ic, Ida{m ~~t6 ~ I~ ^~Q&.9:34 X41 F 513°x:4445 • ~av.~i Cr~1QUS'~Cf5d211et~vaurvtvl~nhmsmt+et4.laimioSit~+sta1LL..5t~atu~ ®502'iuanr~l.~c Exhibit C -Page 3 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR TH• ARING DATE OF MARCH 2, 2006 ~... ,."'~: ~.A ~~ FtiE LAAID G$Oilp, INC. South 63°4S° 1 ~" East a distance of 58.44 feet to a point on the easterly line of said Idortltt~t Cane tarter ti#'the l~orthwcst Cite far 'T'hence !caving saidccnterline and fallowing said easterly lies; Swarth 00°47'.25" tVest a distance of S5~ .°i4 fc~t to a tbarntl S!8-ih steel pin monumentiag tlae Saudieast Corner al'said Nnr~vveat (one (quarter oaf the N~~est One Quarter; Thence leaving said ariy line mad foltowin~ dae southerly liiae of said NorthK~est Ckt~ ~tarier afthe Aiorth4vest Chte f,~taarter, Ncsrth 89"c)4'38" Wiest a distance t1f 45tl~tltl feet to a ~iut; Thence leaving said souUaerly line, North 170°46'43" F..ast a distance of 3I12.11; Ieet to a pt+int; Thence North 65°39'4J" East a distance ref 276.[19 f~i to a print, Thence North Av°46'4:1" Ifast $ distance of 5110.71 Beet to tutee PANT (7F B~c;iNlulNG. The a~ve-descrit~ed tract of land coatains 6.1.6 acres, rn®rc or tress, sulajeet to all existing esscements and rights-nf-vs~ay. The total saua of said parcel curtains 290.87 acres, more or let~r, subject 1o rrilll existing easements _and rights-of-tvay. Pregan~i By: T~IIr LAND GROUP, INC. 4621x. SIB©1tF? ~ICT~,, SLTI`1`I~ 106 ~1CII,E,1bAHC} 83biG 2478-939-4041 208-939-4445 (~'AX) a3v~ "' a~Fq; ~~if P~~Wt?~rdK3 (a ~ t+sdatuprr3arl~iclm.+ •SIfa.A;(~n~reg • (.~~ •Go~Gaara+lrrd~wrrsu t£~D ~ ~ art~l~t~nn 4d2i;,Stmaetam..,Stc1UG1,F.~e,Ittaht+Slaba$+P:Z1tH,935P.:~4t1F~86.939:gM95:~. _ 'i r U:\2ftEkilU~1\~~survcpli~tnai~d4ds~n'~lggu,s' `t11,,4503~ . _Q~Erl~unucrld~ Exhibit C -Page 4 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR TH~ ARING DATE OF MARCH Z, 2006 ~ ,i Dersxnber 11, 2006 P'raje~ Na. {!3421 Ipunn Southridge 5a~divisioaa Rezone to `I"N-C 20.71 acres 1Pf "A" A {tact of 1~d fc-r rez~ane pa:rgose,5 sita~ed'in the Norl#t t?ne Half of the Northeast t7nc t`3~rter ofSection 23, ~'o~p 3 North, Range 1 West,l3oise A~'idia~ Adn Couaty~ Idaho, descri"}~d as .folir»vs: BF,6iI~1h1IAi~ at a fvand Si~incla steel piaa monumentiatS the Notdaeast Cnraar of said Sectian 23 on the rttertine of S. iancler Road; Thence following the: masterly i3ne of sairi Sect~ia 23 east the ceilterlir~ df said S. Linder Road, 3oatth OIi°4 i ~S" Wept a distance of 639:6 i feet tta a l's!tuad Sfg-inch steel Fin. frn~ vvhlcla a found 5/8=innsh stet! pia.monutrcea~tirtg She East E?ate er vFsafd Minn 23 hrars .South:40°41'2{;'" West a distana~ of 2,01 I.46 Thence Leaving mid easterly iirtcs eatd said cen;erlitae, I~Toath ~'Dt 9"4l" West a distews:as of 199.25 Ease to a f~unad 51$-incia steel pin;. `I'ta«xace South 00°41'Z6" West a distance of 3.24 b2 f~ to a ~i~at; Ti3e 1Voath 62°09'27" West a r~istaTtrie of 379.49 feet to a pni~tt; Them I~dorth 49°16'{10" West Q distance of 343.92 f to a pout{; Thy tVrrrtta 56°34'44" Ws3st a stistarrc;e of 50.46 i~et to a paint;. Thence North 47°31' l 4" West a distance of 214:73 f8et t®m -ptri~; Thence South 40°01'54" West a distetace of 119.46 feet tra a point; rice South: Sl~°25'S4" Wit a distance of 38.74 f:"eet to a lmInt; Thaace South 54°39`26" 'iLVest $ distance of Stt.~t feet to a Paint; Thence 83.72 feat foilowtng era .of a {tan tattgeat cisrve to the ri~ftt, said curve havitrg a radian; of 135.8{1 a ~ntrai;atagle of 33°]9=18", a chord bearing of South 01 °l 2'25 West and a chord distance ref 82:44 feet to a Point: Thanes South 18°52'x" Vest a distance of 13,0 to a paint; Theatce sranthwrrly 37.2$ feet following the of a r~talar eurve to the tsgltt said cuuve ltaavi~ a radios sof 38.35 feet, a ceatraJ angle of21 °43'1 l ", a chord b~rittg of Soaath 29°43°39° West and a chord distance of 37.06 feet to a _ptrinte i6'h~tce Atortb 49°45'46" West a dist~tcs of 24.8$.fcct to a Points Theme Morth 36°9`38" t4f~t a distance offif}3? feet to a point; aez i.. Exhibit C -Page 5 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR TH~ ARING DATE OF MARCH 2, 2006 ~~ if+~ „~ ~.: ''..FIB LAND r+RiDTIP, iNG 'T'hence northwesterly l9$.$G feet follawin,~ the ate:®f a circular c9arve to the left, said cu9ro~e fiuving a radius of 423.40 feet, a cents si angle a~f 2!6b~#8'~ I °° a diord bearing of Pdoxth 56°23'x4" West and a chord distance ai' 197.113 feet to a point; Tlu~nce Nstrth 63'°48'09" West a distance of 23.27 feet to a ptaim; TheiFCe westerly 62.82 feet following tite arc of €a circular hurve to the 1x11} saki curve h~vilFg $:adios of 425.00 a central angle cst'1T8°2~'9Gi". a chord bettrring ofNorth 613't1~"I?" Nest alxl aehord distance of62.76 fcet to s point; Thence Sauth I TP43"45" West a distance of 100.00 feet to ~ poinnt; 1~9~ce 6$,Q 1 feet faIIt~witcg the arc mf a noa ta9~ent curve to the left, snid enrve having a iadias of 325.1 feet, a c~er9tral stngle of l I °x9'21 ; a chord. bearing of Nottlt 78° 13°55" West aFFd a chord distance of f 7.88 feet to a pa~inti Thence North (1(1°40°19" Bast adigtance o~336.45 feet to it point on the northerly lixte of said Sc~etiori 23 and tEie ce9tterlirte c9f W. Overland Road; Thence following said ns~i~Eherly liac and said ceittcrline, Sotitit $9®19'41"East a distance of 1.746.17 feet tci the FOfiIT QF I~~riIl'dIVINt3. 'The above described tract of land contains 20.71 acres, moery or less, sulxject tp all existing eascmcrits and rights-of--way. Prepared 13y, 'CIiE LAI~'il +GxUt7P, ilk. 462 ~. SH4RE llRiVl, SUITE 100 >eA.GI.E, IDAHO $3616 208-939=4U41 ~t18-'939-445 (EA?1} t3Y ~~ 2 412'~4'~ t~~''° ,xo Ie.4+r~eQ~ •.sm *~ tmRminm ~ ~~~ .fir. 442 9:. ~Nm 13i1aa, Stc, 19,1-aglc}~ tdaHu 83Gtb ~ k 2D8:?~~.A13ft I~ 2i18.934,4#~5 • .,,Fa~„arca9{~} ' t""," cxtcn»~~ agY~e'r~a~rirer t~ks~ ~llanun~l1~_~1~11~~nN,rldgc_osa2't_"n~zg~~~st Exhibit C -Page 6 • CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 ~~ .~ l _,,~.- .~.~ rECS Ls~ts ©ROUF, YNC. Dnber 12* 20tI6 Project No. OSO2l Legal I?escription St~tnhridge Subdivision i3~ne to It 2 35,21 acres EIi~IT ~A" A tract of land for rezor-e purposes situat~l in the South ®pe Half ol" the Alart}t Oau Iiaif of Section 23,'l'owns 3 North, 3±;au~e i West,l3Qise Meridian, kda, Cuiunty, Idaho, des+cra'E-ed as follows: Comrtcfing at a faund brass ~p tnonumentir~ ti>@ West One Quarter of said Section 23 on the c~ferline of S. 'Cen l4ii}e Read; Thence follovring the w~seerly lino of said Section 23 and the cetatter}itae of safd S. Ten M}k Road, Notch Oft°56' 16" fiast a distance of 476.36 feet to a jsoinf, tom which a fotEnd SfB-iz~h st~J .pin martp. tist$ t}te I+t~th Qne Sixtee~tth O~rner eomr~n to said Scctton 23 and Section ~ Township 3 North, Range 1 West, Z3oise Meridian bears North €lO°S6'I6" .East a dista'of $38.34 f~; Thy ieavirtg said welly line aa-d pfd ceuterIine, .South $3°I6'O8" East a distance of 530.49 feet to the P()I1V I' OP f3>~GTNAJ[4VG. Thence Sfluch 89°4O'3S" East a dist~aee of 182:42 feet to a pint; Thence South. 21 ~0' l 0" Fast a dine cif 247.65 feet to a point; 7'herice sout6easterIq I T5.65 feet folloveing the ate ofs eixculaac cutwe to Ilse left, said curve havitsg a t'aditss of I46.82 feet, ac~atral atagle of&$°32'47", a choni bearing of South 55°36'33".East and a chssrd dist~tce of 165x36 feet to a peifit; 'I'~tc$ Sotath 83°03"3#4" East a distar~ sif 88137 feet to a paint; Thence easterly 119.69 fit fcilovrsng arc of a citctt[ar crave to the left, acid curve having a radius of 150:00 feet,. a een~} eagle of 45°43'07", a chord betwtartg of North 6$°44'52" East and a chord distance of 116.54 feet to a point; Thence North 4S°13'18" East a distance of "77.52 feet its a paint.,• Thence Soud3 46° I t3'S3" East a disuse of`1;9.52 feet tp a point; Thence eastet}y ,i i l .44 feet following the arc etif a circcti~r curve 4o t}'ie lei't, mid cwve having a radius of I S{?.~ feet, a renal anS1e of 4Z°45~4'", a chord bearing. of South 67°49'52" Last and g chord d}stance of 109.35 feet. to a paint; Thence South 89°O3'34" East a disia<tce ~f 2Q4.Sfi feet to 8 pe>int; 'x'hence northeaster}y 87.52 feet foAowing the arc of a rarcu}ar curve ~ the le#t, said curve having a radius of 55.00 fit, a central angle of 9I° 10'32", n chard bearing of Nort}t 45°21'l O" F.a~ and.a ahcard distatce cif 78.5$;feet to a paint; f 462 tt. S1m;a Drivo, 5t~ i Exhibit C -Page 7 • CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 ~"~"G ~ ~- .. ~....t Tars s anvts c7eonr, uac Thence Narth {10~ 14`06" iVest a disteiice of 13'2,04 facet to a.paixit; ce 183.59 feet foltawing the aa+c of a reoa tatt~ent curvo#e, the right, said camve havhag ~ radius ef483.9$ feet, a central attgieof2l p44'OS°, a dtard bearing of IVordi 72°51!`S~" Wr,.st anti a: ehc:rd distance of 11;2.SU feet tcs ~e lxtlnt; Tht 227:50 feet faliawing the arc of a campound curve to right; ~4d cutgoe hamittg a t'adius of 275:00 fcet, a centtat ale of 47°a3'S4", A chard hearing esf Narth 38°24'S3" West and a chard distance of 221.06 feet to ~ saint; 'Thanes 538.04 feet faltovting the arc afaevense curve to th$ left, said canoe wing.. a radio of 85(1.0,0 feet,. a certrai aa~ie of 36°1G03 ", a chord 8 of Atarth 32'SA'S7" Westanti`a chard &statiee of 529.10' feet fa a paint; Thence Ataith 39°f1 i'02" 1st a distance of 75.06 ftxt to a paints Th~iex'North 14°38°09" East a disiamce of 130,Q0 feet to a ppirit; Thence Smith 80°13`32" East a distance of 97.30 feet to a mint; ~Itence S,oitth 25"35'04" Eitst a dist~mnce of ~i5.~3 feet to a paiti~ Thence Sauth 39°S8'SS" East a distance of BS.38 feek.ta a point; Thence South 67°35'34" last a distance of t i'23b feet tc- a poiuie; Them I~arth Zf1°11'37" East a d[sfanceaf 103.2'7 feet to a paint; Them Sauih 92°i7'2$" East a distaaee a€17'2.81 feet to a. paittt; Thence eastcrty 7?.b2 feet fpilawing fire are of a circular chive to ~ leR, paid i~me havii~ a raditas of 80.00 feet, a e~nttai angle taF55°35'2S", a eflord bearing ttfbtoith 79°54'St}" East and a chord distance of 74.61 feet t®a print; Thence Sau#h 15°03`20" Eisst a distance of 122.50 feet to a gtiitit; Thence North 86°32'43" East a distance of I~.SO feet to a point arl t~iterline of ih$ Ridenbau~li Canal; Thy (altos tine ceiitertiue of ssiid ltidenbaugh Canal the following eleven ctiiuses: Thence South 03~2$'l ~" East a distance of 3.59 feet to a paint;, Easierty I G7.39 feet follasving the arc of a circular curve to the ieffi, said tairve having a aadius of 7t?.00 f~, u central angle Af. i 37°019'42", a chard bearing s£ South 7I bS$~38" Eat and a chard distance of 190,26 fcet to s ppi~s Thence North 39°31'01" East a distance of 191,01 feel to a point; Easterly 232:80. feet falio~ncing the arc of a circular cwve to the. right, said curve having a radius. o€13~D.Ut1 fcet, a ceiitrai eagle of 102°96"12", a chard bearing of South 89° I Q'S3" East and a chard distance of 202:92 feet to a poixit; Thence South 37°S2'97" East a distance of 369,31 feet to a paint; r ~. ~..~R~a ^°•~~*s i'%%'^'~q ~i'1., Idali48~Gt6 ~ P~.939.atwi t* ,i<J9.444.5 • SY54PP ~9ti9RIifl14577C1j14[.6IHif ®ecnnr yra~aFar t~St~1u-chab~vcg~COn..auc2l~~as,ad~,.o~xi,,tt-a,cac~ Exhibit C -Page 8 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH~ ARING DATE OF MARCH Z, 2006 '' ~~ +._ ~~ r~s r,eNa anoua, nay Southe~ely 389.2? feet follawing the arc of a eircular calve tv the r'sght, said carve having, a radius of 3t~.00 fit, a central ankle of 74°20'42". a chard bearing of South Ot)°42'2l:° East ettd a chard distance of 362.53 feet ~ a paint; Thence Sautlt 3b°2fi5S" West a distance of 34.82. feet to a ~ua3a#; Satatkierly I4t}:~5 feet fcaIIawtmg the arse of a eircular curve to the left, said carve having a radius of 150.00 feet, a cenval angle of 53®4S'48", a chord baring of South 095`01" West and a chord distatt~ of 135.64 feet to a point; Thens~ Sou;1t i'7a1T53" East a distance of ] T0.54 feet tss a i~in~ Southerly 129.34 feet follnWirtg the arc of a circular ctstwe to the ~i$ht,_ .said curve having a racti'~ of 150.00 feet, a central angle vf49°24' 12", a chord E"'earag of Sautlt 0?'O~4'13" 'DVes# and a chord dista>ce of 125.37 #~t tci a paint; Thence South 32°06'19" West a distance of 2I.67 feet to a point oat the southerly lime of el-e 5?outlt One FTalf of the N'ortlt t7rte Ralf of Section 23; Thence leaving said centerline and falkvuing said soutitcrly line, I\'arth 89°02'56" WSSt a di~stsrtcd of ?12.43 feet to a found 5!$-inch steel pia mamtmenting the Center Uae fZuacter Garner ofsaid S~iom 23; 'I'ht~ce follveving said southerly line Narth $9°ti4°i T' West a dis;amee of 2,832.01 feet io a faumd Ill imch steel gin; Thence leaving said southerly line Narth 22°09'32" Wc~t a diereses of 52Q. l9 fit to the Pf]II+l'f t3F B~GII+I.NIA1Ci, The above descril~d #rect of land comait~ 35,21 acres, stare yr lace, subject to all existing casements and rights-of-way. Preparcxl >r3y: THE L,Ahi'D (#ROtJl>, IP+IC. 46a 1. sr~aRl: ©I~rvl~, st~.[TTI1 Oo EACrLlw, IDAEIO 83616 2(18-939-4041 208-934-4445 (F'A1Cj av Q~C ~ 4 ~a~RKS'DE 1 Lt+++rlrtsPgA~utoerr..&ii p~'~d4 ~ E . ~Caaaae l~gatrba a~'E~i~i~ .Crrr~kt sea t:. st,~ t~,~~s~ ate, . tax, saate.~ .satkaoat r ~a,s~sv.4ba5 • .~, ~ rr.`,c~tiotr~s ~ t=~4450~t~hJmialli~ ~321~~ud.,@5628-13 ~,.z~cdac Exhibit C -Page 9 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 y- `'i ~,~ .~.. ~..: r~ axran oaauir, ctvc. ~emiser i 2, 2t~6 Project 1+Io. U54)21 Legal Dption Southridgs Subdivision Reiane to R-4 34#:17 acres E~IBIT "A~ A tlaet of land for r~zotte piarptrses situatied in the Southwest tine 4~uai'ter o~ the: Northwest (ins Quarter of Seatioa 23, Trawnship 3 ldorth, Rangy 1 '~/esi, Boise Meridian, Adp County, Idaho, dessrsibed as fi~llows: Cgcnttaeneing att a found- brass,cap monutbenting the''~'est Cyne Quarter of said Seefion 23 oa the centeriitze of S: Test Mile lto~l; T'laence following the westerly Iin+s of said Section 23 and the c~iterline csf said ~. Tets Mile Road, North ~Sfi'l b" Fast a e#stanice 4f 4?6.36 feet tEa a point, f°rsam which. a fecund 318-inch. steel pits atonument£n~ tlts North' Case Bixteettth Comer common to said Saetlon 23 and Section 22, Town~sip 3 North, Range 1 1Nc~t, Boise Meridian beats ltilordi 00°5d' I6" fi,.ast a distance of 538.34 feet; Thence: ieng said we~erly fuse and said centerline, South $9° 16'08" Fast a distance of 63t).49 fesrf to the J?4INT CJF BF.,,G1N3~1NG. Thence hlorth 126'32'82" West a distance of 2b5,~6 feet to a point; Thence 3'7.1.22 feet akuag the ate of a non tetrt curve to the ls:ft; saki-curve having a radius of 1,~i142.ttt2 feet, a central angle of 21 a 16' 10", a chord bearitag of ldorth 72°4'44" East arsci a ehcxdd distance arf X69.429 feet tea a point; Tltersee South 27°49'21" East a dlstsnee of I46.I? feet tc~ a palm; Thence sovtheashetly 103.$`7 feet along-the era of a circular eaarve to the lc#i, mid curve having a radius of 300.110 feet, a central engte of 19°54?' 14", a ahsird bearing of Scads 3?°44'28" bast and a chard distance of 103.35 feet to rt point: Thence South 47°39'33" Fast a distance of 217.64 fit to a mint; Thence: easterly 39{2. I5 feet along the arc of a airaular came to tae leflt, said curve having sa radius:oF27S.00 feet, a central angle of 81°I?'lti", a chertil bearing of South 88°2$°1.3" East and. a chord distance of3~:25 t~et to a paiint: Thence North Sl°fl3't29" Just a dis~tattce oi`575.25 feet fa a point,. 'Thence 336:71 Feet along the arc of a non tang~t awve to tlse right, said Bursae having a radius of8S0.00 feet, a central aagie of22'4l'47"'; c chtrrd bearing of South 26°03'49" East end a chord distance o1`' 334.3.1 Feet to a goirrt; 1'heaee 227.50 feet. along-the era of a reverse cusrve to the left, said curv® having a rt~dlas ®f 275.4)0 feet, a central angle of 47°23'4", a chord bearing of 1.~adttaj~ertrrlFjtt~arr~3rtr8+~ser~tnq+G?NI •~nmarlydg~apsi'i~~Ca~pf~lr o 482 7: ~mr t?m~, $tc, 9t~f, tts~.te. tda7t» ~GiG ~ fl ZII8,999.4841 T 2tt$.93i~.4+i145 ~ tvo+~r tlt6 kamFncv"rvn[.ctam U:~4G:'U2'11~;1n'1`Ya:teEral~1,A3D21~„-~etiniitA'.d~Rfut9 8bt212_~autltrx~+r_~iD^~I~tk~ a.~r Exhibit C -Page 10 CITY OF MERIDIAN PLA!~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 .,* ,~.r, 1 1`E38 LAMA Oliai3?, [A1C. So>ads 38°x4'52" East and a chard distance of 2x 1:06 feet to a point; Thence 183.59 feet ata~ the arc of a cornpour~ curve to the lett; said eurre having a radius of 483.98 feet, a central Angie of Z t °44'05", a chord bearing of solnt, X2°38'$2" and a chord distance of 182:50 feet to a point; T7lence 5outlt fi0° 14`06" Essse a-distance of ! 32.00 feet tq a mint; Thence soutl6westerly 87.52 feet along the arc ofa dreul~ curve ra the rigbi,:said gurve having a radios of SS:OQ feet, a aentcal angle of 41 °! (Y32", a dtord bearing of Stsellh 45x21' 10" West and a chord cTrstance of ?8.58 few to a poirst: T#-ance North 89°{33'34° West a distance o f ZQ4.5b feet to a ppistti; Thetlce u°ea~teaty 111.94 feei along the arc of a circular crtrvct is the right, said curve having a tudlus of I50.Q0 feet, a cemral angto of 42°45'25", >t chord bearing of North 67°40'52" West and a chord distance cf ! p9.36 feet to a point: Thence I'3oith 46°1Q'S3° ~Ve B distance ®f 5.52 feet to a paint; Tltetsce Stiuth.d5°13°18" WE~ta distance of 7752 feeet co a post; 'Thence westc~ly 119.69 feet along the are of a circular cuevc to the right, said rasr~ue having a radius of`15f}.f~ feat, a central angle of 45°43"®7". a chord 6ea~ris~g of South b8°El4'S2" West and a chord distance of 11 ti.54 feet to a point: Thence IVorih 89x03'34" West a distance of 681.37 feat to a poilrt; Thence nortltvrt}r 175.15 feex along the arc of a circular carve to rile right, said curve haves a radios of 1 SO,Ofl feet, a central angle of 66°54'02", a chord bearing of Ninth 35°36'33n Wei and a chord distanoa of 165.36 feet to a point: Thence ~Iarth 2!°20't0° West a distance of247.65 feet to a paint; Thence North 89°40`35" West a distanao of 182:42 feee to: the Pt)tNT OP 13EGINNlAIG, TAGS WITH; A tract oT land for rcz~ane purposes situated in the Norte Otae I Ialf and the NArthwt;st tine Quarter of the Soutiie~ Qne Quarter of Secti~an 23, Tavmahip 3 Nartln, I West, Boise Meridian, Ada County, Ida~i>o, descn°be~ as Poll®ws: Comxrierlcing at a found 398-inch steal pin nlan~ualenting the East tine ~Qusrter of said Section 23 on the centerline of S. binder ltoatl; "Thence foliowittg the +casterly liter of said Section 23 and the certteriirtc of skid S, Linder Read, North Qt1°4 i'2f" a distattcc of 20.00 feet to the Pn1NT C)F i3Et;FNNA~'O, from which a found 598-anch sloe! pin monumenting tt~ l~orth~st Cat'ncr of said riact 23 !sears North Ott°41'26" F.sst s distance of 2,630;6'7 Thence leaving said easterly tine amt said celltesline, Ncsrth 69°d32'Sfi" West a distance of 283.71 feet toes point on the ecaterline of the ltidenbr~ugh Canal; I:o rL~ldt~era>r'Si~rNl?ara'r~R' ~dtF+rity'C~"eauru.drioa e~^ Ee+6rnp~u Cne~.~eraNins 4G2 F $h•sr I3rivr, Su. its. tT-a~e,1 S3btd • P ZD~.939:d&11 6; 20&,~939:~1~43 • awvw.dac~Danelgrnewri~n.czan f}gGdgli~agle9'aesm~[erf'~cx~;OSf1211~rt~Ittm~Sl.c~~~h_981213;~~uslsrCJ$c,,_It-V ~srn~~tirot Exhibit C -Page 1 I CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~ f ~r nic txtvD usour, It~GG. Tbenre follovvistg the ~nteriine of said Ride~ugh ~aaat the following twenty- nine tZ9) courses: North 32"27`21" W~ a dist~ttee of 35:33 feet to a point; Northa~sterly 288.35 fact following the arc of a tirctilar curve to the iei~, said cutwe having s radius ~'dUt1.Q0 f~, a central angle af27°32'Ofi", a chord wring of Aforth 46°I3'~4" West and a chtvd disFsn~ 0;~2&5.58 to ~ polar: North 59x59'27" west a-dnca cif ?3.?2 feet to ~ point`, Westerly ~.2 t feet i'olloa=Irtg tl,~. ~ of a circular corye to the lefl., said curve lzavi~ a taattius of IZA:(1Q fed, a central angle of 43®044", a chord bearing sf North 8l °3I'39" Nest sari a chord distance af8I3. t0 feel to a point: South 76x5t'09" West a distance of }3.99 fret to a point; Westerly 83.95 feed foliovrltt~ the arc of a circular cwve t4 the right, said curve Igavittg a radius of l Ofl.OD feet, a ctrut~ai tingle of 4$°x'46", a chord bearir-g of 1+Iart13 79°l~'48" Vilest sari a clturd distance of 81.51 fret. to a polar North 54°57'45"'W~t s distance of 14$.3 t feet to a gtoira~ Westerly 90.18 feet.foilowing the arc of a circular curve to the 1Cft, said eur4~ hat+irt~ a rae3us of 120: feet, s central angle of 43°43'3(1", a chord bearing of Notch 76®29'30" West and a chord distance of 88:(I7 feet to a point: South 8 t°58'45" West a distance of 384.4 t fret tQ a Paint; Southwesterly lt'sfl.45 fctt fcllnwing the arc ofa eirc~lar curve to the tefl[, said curve having a radius of $ 54.t)f1 fret, a central angle of 61 °17' I2", a chord bearing of South S l "20`09" Went and a Chord distaac~ of 152.91. fit to apaint; South 24x41`33" West a distant of21fi.9i feet to a gogtt; Sou~v~esterly 262.75 feet £oUowing the are of a circular crave to the :right, said czrraa luiving a radius of 4.40 feet, a central aagl'e of35°SU~'35", s chard bearing of South 38°36`51" W and a chard distance of 2:58.48 feet to a poirms South SS°3Z'49" West a distanCS of`342.25 feet to s point; Northvvesteriy 1 fa5.99 feet fallowing the arc ~f a circular curve to the tighht, said t~rve havfng a radius ofs;5.40 feet, a central angle of 147x12'06", a chard bearing of North 49°51'48" Wit and a chc~rcl tllstartce oft 24.71 fe~:t to a grist: North 23"4s4'f 5" F~ a distance of 14@;7~ fcet to a point; North 329t?6'l9° East a distance of 241,SQ feet to a point; ~.t ~,~. , sty ate . c~ . case t,~ ~ ,~ ~ ti. , th7vc, ~. tt~, r,~u=. rt~~ a~'a. r :s~.t r'zas.~.aaas • calcAtagt ~•eanstertt~Qdt1~dmin\litl_~i2r3_~°a„_a Exhibit C -Page 12 CITY OF MERIDIAN PLAG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~ '1'ta8 LANI1 G$OUP, IA{C I~lortlterly 129.34 fear following the are ofa cireatlar ettrve to the left, said curve bavi~ a.ttsdins of l Sfl:t1fl feet, a ceetra! angle of 49°24' 12", a chord bearing ofN~147°24'13° East arld a cha3rrl dis1 of 125:37 feet to a I+3orth !7°l.T53° West a distance of 130.54 feet to a point; Northerly 140.75 feet folltawil~ the arc of a circul~t auve to the right, said caarve havin8 a radius of ISC1.00 Peet, a central aegis of 53'45'48", a chord beariltg ofPJortle 09'°3S'41 ° East a,3d a chard df~nae of 135.G4 feet to a paittti North 36°27'55" East a distance of34.82 feetto a points lJortherly 389.27 fit following .the arc of a eirculae curve to the left, said etuue hassling s tndius of 3QO.OU feet, a centrai a~agte of 74°20"42", a ciuarcl beer~g aFNotth 40°42'26" West and a chord distattr~ of362.53 feetto a iwint: Nc+rt1137452'47" Wei a distance of 36931 faux to a poinr, Westerly 232.80 feet foltatra~iatg the arc of n circular etprve t® the. left, said curve having a radius of 330.Q0 feet, a ce,tt+~al augte of 102°36°32°, a chord bearing of North 89°14`53" Wit and a chard distaaee of 202.92 feet to a paint: Soclth 3943IY1!° West a dunce of 141.0! feet to a poirod; Westerly 167.39 feet fa1lovviiAg tl1e: are of a ciccu3ar ourae to the riglu, said curve hitvittg st ;radials of 70.06 Peet, a central able of 137a00'42p, a cklord bearingflfTYorth 73 °58'38A Went and a chord afistarate of 130.Zd Feet t4 a Noah 03421;' 17" West. a distance of 414.91 feet t~ a ;peitpt; Northwesterly 38Q.31 feet following the arc of a citecurve to the left,. said carve wing s radius of 150.00 feet, tt cen~al attgls of 58°~2'a4", a chord bearing of Ncrt1137°S4'29° Nest and s chard distance of 169.65 fit to a mints North 72°24'43'" West a distance of 130.79 Peet to a poiaai; Wiy 58.03 feet Pailpvaiag the arc of a c:rculair curare tp the right, said curve h8vittg a radius of 404;00 feet, a central aagie of (18418'42", a eh©rd bearing of North 68411'20" West alai a chard distance of 57.97 feet to a point: North b44fl1'S9" West. a distance of 194.78 feet fio at paint; Thence leaving said aenterliue, North 2S°5$'03" E,sst a dist'oP ZOS_02 feet to a pointy Thene~ South 64°ill'S9" >as.i a duce of I79~.3+6 felt to a paint; f 1/7Bl~fY~t.~/LQ7G/~10'~.~4'~~'11W1~+(~IAI~I 1yru3T ~fPI~'p{OlY@i-~.&~'A}~,$~f(aR7~Rj ~A dbaGSbasrcl?ris~;Sits.abD,l,tatahn636ifr•l'~$.fl39.d0~Jlf~?.Q~.95~.AO~S+m~k~,~(a~1im ~mn c~~r.~~ntu,~t~:n~,.atffr-ti~~~aztti~dt±a~~ Maas ~on~ ~azt it~_ ert~.a~ Exhibit C -Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 • .~.~ T~ taaaa a~-U1'. lane. T!~-ce easteriy 3E,43 feet follMwing the arc of a ciaa:lar carve to tlse itait, said ettt~ve having a zadius +af40~.p0 feet, a central arsgte of t18° i 8'42",: a chord bearing of South 6g°I 1 `2t?" and s chord distance ~ 57.97 feet to ~a pumr. Thence Sfittth 72°211`41" East ardsGe of i 45.74 Feet to a point; 'T'hence southeasterly 133:53 ;fit ~vlluvvEtig the arc of a cit~ttlar curve to the right, mid curve haeting a radius c-~` 3641.00 feet,.a central eagle of ~4°~5'I Q"~ a chord. besting of South 59°5$`05" ~d & chnt~d distance of 154.32 feet to a point: Th+~tce South 47°33'31" Fast a diste of 63 L71 feei to a poiut~ Thence...: y 37:63 feet.. following ttac arc of a circular carve to the rsgltt, said cutroe having a radius of 340.00 feet, a ceattrsl angla,of 09°42"44", a ebo bearing of :South 42°44'49"- E~ and s c}x~td distarcc~ of 57:5& feet to a poinf: Thence South 37°,52'47" Fyast a dtstam~ of 369.3! to a point; Thence southerly 298.25 fritlouviug the arc of a circular carve to the right, said curve having a radius of 510:410 feet; a ~n~ai angle ctf33°3A'24", a chord bearin8eof South 21 °07`35" least and a cl~rd distance of 294:42 feet to a paint: There Aiarth 85°37'37" East a cdistance of 128.p9 feet to s point; Thy Nnrth 81°25'37" East a distance of i 824 fe+~ co a po~G T'h~~ iVortb $i °SS'S0° a distance of'2T2.9ti feet to s point; Thexace Neir~h 83°35'37" East a distsgce of 54.18 feet to a mint; Thence Strvrlt 89°S l'12" East s distance of 75.00 feet to s paint; Thence South 84~ I S`50" Ernst a distance of 70.3#) feet to a paint; Thence South 78°37"14° EEast a dastarice of 7fi.~9 feet to a point;. Them South 7fu°33'49" Past a ciistamce ofS1.3~ feet to apoint; Thence South 76°28'57" Easterdtsce of 225.1;7 feet to a paint; Thence South 63°22°55" East a distance of 118.6'1 feet to $ poirhi Thence 336.68. feet follow ~i'ng the era of a non tangent aeuve to IIl-e rigitt, said curare having s radius of 450.410 feet, a centreI angle of 24° 18'1!1", a chord bearing of South SS°30'47" I?.est and a chord distance of 334.92 feet to a point; Thence South 42°22'42" Fast a distance of42.13 feet too {mint; Thcxtce South 47°59'55" East $ di~#art~ of 15fi.82 feet to s paint on the easterlp line of said Section 23 sad tGe ce~tarline of said S. Linder Roaet; Them following said e~cerly line and said centerlir~, Sotadi 4d°41'26" West s distance og252:72 feet t® ttae ~911VT Qp BFt3ID1I~III~$(3. I ~t.4r~~lmv~+S~P~gg ~Cl~/&.{gfuiviag+~rrdzadmig~'an ~s"Etgi~i~ s~",sz~dt`e 96a t3. Shotc l,3mx Sri:. t~D.1,t~+1C.Ittttlto X9514 • t~ 2f~.~139.~1 t1' x.935! 4AQ5 r gy+~ rhe3n'm1q,~+.+~`~:etsm C#\C:rlt~lragle9'eanefer9~0~~11~y1ttrnhill c~at~l3Z..9b1312_saushca~c_03021_~-A_r:~uvc.~nr Exhibit C -Page 14 CITY OF MERIDIAN PL~1NG DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 .. J .~~ THE [.0.1Vn. CEIOUi; 1'NC. The ab©ve described tr~scts caf land ccsauain 50.17 acres. mare ~r less, abject to alt existirt,~ easen`tents and rights-cef--way. Prepared By: THE LA1ND GItOEIP, INe. 46~ E. 3HO1tE DRIVE, SUITE 100 F.ACfL~, iRAHO 1i36i6 2t~8-~33-4441 208-939-4445 (FAX 2 p bob ~RanltGgDtllyd+mrrt~ • Sr7s Flamfir~+~S'fse~aatKlig r eelf~`umrrlr~grufoe rB~'k~zgi+umi~+ • ~,p~L~~C~.ac.n 462 h 5laaao 1]rica~,.Cs. t ~}.1`sa~,7c,ldnhn {33616 • h 2J.~8:939.4431 ~~ ZOH,939.?F495 + y~Yg°:tkr~trti.ct..rmi~mt gttm t3:\fr#1)~13~gtc Trm~!'erfit~~p11~1rS~nmllrga&t4SLQ81212._euutbdal~ ~ii}21_~.~mjre.~ Exhibit C -Page 15 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~ .. ...= '~E reiyz~ ~$OUP, ,~~ December I2, 2005 !'ro,~cet iW~. OSQ21 Legal Description 3outhridge Subdivision Rezone tea R $ 115.55 acres A tract of land for a~cmaae puapcasss situated in dte ATortit (hae Flalf erfaection 23, Township 3 North, Range 1 West, &use Meridian, Ada Countp, Idaho, deserib!ed as failaea+s: Comaraezaciaa~ at a fwand brass ~ axaomaan~r~tirag the t~Vest Qne Qiaartea Garner of mid Season 23 on the centerliaxe of S. Ten Mare: Raad; '17tence follnwir-,$ thb vwesterly line afssid 8ectian 23 and the centet&ne of said S. Ten tuCle Road, Idarth 00°55'l6" East a distance af476.9b feet to the I~C)INT i)P I3EGil~4N1NG. 'rnence following said westerly liaae and said centerline, Korth t)0°56'16" East a distance aE $3$.34 fit ca a faurad 5/II-inch std ~ munsrrpent~ fhe Notch {} Si~teenih Cornet aa,nint+A to said Section 23 and Section.22, Township 3 North, Ramer I West,l3aise: ib+teridi~a; Thence fallawua$ sadd Westerly lane and Saari cealtCdlttie, Ntrtth t3©°3x6'23" Easta distance of 672.43 Chet to a I~in~ Thence South 89°(13'37" East a distance af25 tafl het to a point; Thence South 34°11'02" East as distance af253.76 feet to a paint; Thence 5auth 21 a0$'47" East a distance of 141.$9 feet to a pauat; 'T'hence South 21°46'52" East a distance of 332.62 feet to a paitat; Thence North X91°24°0$" East a distance of 111.1;0 feet to a point; Thence North 05°20`23" Fast a distance of 201.,34 feet to a point; Theatcei N~ttlt 13°i 0'd3" a aistansse of l3$.6$ feet t4 a ~~,t; Thence ldprth 26®{l9°07" 4d'est a dist~ttce sf 330.?? feet to a point; Thence ldorth 14°4.1'4?" West ~ distance of 2?3.94 feet to a paint; T6once Natth 13®11'58" a distance of 1 x.51 feet to a paierEy Thence IliOtth 37°00'03" East a [llstani;e of 118.62 feetw a paint; Thence-North OQ°44'33" Esst a distance of 23.00 , to a point on the Heatherly line o#'said Srctian 23 and the cennterline of W. Overland Road,• Thence follov,+ttag said rtox~erly line and mid ceat+etline, South $9°l S'27° Eaast e distsnoe of 18tH? fact to a poi Thence leaving said noaiherly line sad said eeraterine, South O(l°44`33"West a di~ance of 1 l 5:53 feet to a p®int ott the centexiine of the Ridenhangta Catal; 1 6 t.~ugar.rey,~ • stag F .G~lsnia~. Ga~ex~.ie Lv~gvma erF. . ~r,~dr - - q8s ar share 1~ri~c,.Ftc. tAO; a=:~t", rdah° aaa~a • r zt~.sssagat r Z98.~39.A~aS • a-tlmh~nst~esm cs:1C.~t~11 a~trTranaFer r~ea845a21iJ-ctpw,ll:s~1~1 (~t21~,.~ettidc~ Oi;,}t~ era-due Exhibit C -Page 16 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~ "' ~~ st~~ r.Aaia+ caaue amc Thencs following the t~ttterlinie ofsaid Ridenbaugh Gartai the following two ctawses: S9vth 61°44'37" JEas€ a d$tanct: of 455.14 feef to a paint; South 73°37'St3" East adistancc of~61.41 feet to a'point•, Thcsce leaving said centerline, South OU°4b'43" West a distat~ of 51.71 tit to a point; Thencx South 65°39'49" Wiest a distance of 276.49 feet to a point; 'I~tence South t1U°46'43" W~ a of 302. } $ fit to a points. Thence South x°49`38" East ~ duce of 45A.01? feet to a paint; Thence Nvrtit 4x°47`25" East a distance of $54.34 feet to a point an the centerline of said Ridetibavgh Canal, Thence fa}Iowing said centerline t}ze following six evvr~s: South 63°48'13" East a distance of 65.91 fit to a ~ii4t; Southerly i 48.41 feet ft~ilbwing the arc of a circular curve to the right, said ~e ltavirtg a tadiias of l 0[I.t~l feet, a ~nttal angle of 85° 19' l2", a chard bearing of Savth 2I °(f8'37" F~ and a chord distance of i 35:53 feet to a point; South 22°2`02" West a distance of 92.64 feet to a gaitt4; Southeasterly 173.53 feet following the arc. of a ciruviar curve to tha }eflt, said caav®having a radit~ of?5.00 feet, a central angle of l32°5} °3b`; a chord bearing of South 43°58'43" East and a chord ilista~nrc of 137.54 feet to a paint; North 6l°3fi'04" Fasi a distance of 44;62 feet to a f-pira; F-astedy 32b.04 !~eet fotic~wing the arc of a circWar curve tcl the right, said curve having a radius of 375.00 feet, a central die of 48°53'57", a chord bearing of Saut}t 8S°56'02° East and a chard d€stavca cif 3 i Q.A2 fact to a poirrt;: South 61°24'03" East a distance of }50.70 feeE to a point; Thence leaving said centerline, North Ot1~48'16" East a distance of 353.17 feet to a paint; Thence 175,74 feet followirg the, arc of w non tangent curve to the leil, said curve having a radius of SQi}.O(3 f~, a ccntrai angle of~8'3T', a ward Ing of Alorth 85°52`34" East and a chard distencc of I74.88 fc~t to a point; Thence North 75°4$' I6" Eect a disiattcc of 447.22 feet t~ a paint; ThencQ Sotath 89°i }°44" t:ast a da'sl~cc of ~33:G} fit to a point; Thence South (?U°3$'49" Wesa a dis~nce oaf 52896 feet to a pcsint; Thence South 89°19'29" a distance of 1$4.28 feet to a A~?im'~. 'Rre~iea~mu~ *m3itaAlo~ii~ ~ •Ga(JP.~mr~a7»~aAa~ ~ I:tb~ ~C,gaJtiiC'o+a7sa~ilra~oa 48x ~~: Sgtxc l3isse,l~~~s- iU9.1 at~(n.1io 83fr]b ~ ~ .43dJ.4~ti r''931.8~45 • Ct\(:a1r7`Ticsgt~'rsneaster t+lllrlsl~is~ tE612t~sa~dB~45aZi_t1.d_+".~e.atr~ Exhibit C -Page 17 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ,'~' ~~ . •~..~ Tk1E LdNti 6~tlA, WG Theses South 00°4t3131 " We9t :a dts(8itce of 71:94 fit to a pC~Int; Th~tae souP.ltealy 47.18 feet fbltawutg the arc of a cicculac curare to tlta rigid, said curve F~virtg, s radius of 150,00 feet, a central angle of 1$°t~l'S6", a chord ia~ing of SauUt 09°40'59" West and o cEiord distance of 4b:9"1 feet to a paint; Thence South i8°4I `27" Wester distance af23 i <33 feet to a mutt; Thence soutlrwestExly 58:35 feet fi-ilowieag the see of a circular owve !o the ri said cw ve having a radit~ of 1 Q0:00 feet, a carnt,~l axtgle of 33°25'45°, a chard t~raring of South 35"24`20" West and a-chord distance of 57.52 feet to a pointy Thence Stet 5~°t17'l3" 'Wept a dice of I7I.4b feet to a pt Thence North 47°35'31" West a at#s~nce of 593.32 feet to a point;. Thence northabresterTy i 55:53 feet. fiaiiowing rite arc of a circular curve to the left, said curare havinS, ~. radlus of 360.E feet, a central angia of ~4°45'I d", a ehord bea;ittg ~afNat2tt 59°58'®6" 1~fllest and a etrord diataece of 154.32 feet to n point: Thence NoaTh 72°20'41" Nest a distance 8f' i4b.74-feet to a point: Thence westerly 5:03 feel` follog the a~ pf a circular eurv® to the er~E, sand curare having a radius of 40tt.00 feet, a central angle caf Oa3°i8'4~", a chord hiring ofNorth 68° 11'20" Wept ~ s cha3~rd distance of 5fi:98 fit to a pant: Thence Nortls 64¢t31'S9" West a dSt4nce csf< 17936 feet to a point; 7 hence 5cautlt 75°58°01 " '44~~t s distance ~nf Z~35.42 feet to a point on the centerline of said RidenbaugFi Caual; Thence foikswi~ said c~ttte~tine the ftallowing four a~urses: South 64°01'59" East a distance of 194.78 feet to a point; iy 5$A3 feet foilavwing -the. are of a circular curve to the left, said curve IittvQtg a racGos of 400.00 fist, a central angle of 08"18'42", a chard b~ri»g of South 68°I 1'20" East and a chord distance of .57.98 few to a mint: South 72°2t}'4 i" East a distance ~ 15.79 feet to a point; Southeesiy 18031 feet following the arc of a circular cunr® to rite right, said anvre having a radius of 150.0 feet, a central angle of 68°52'24"; a chotad ire'aring of South 57°549" East and a chard distance of 169.65 feet is s point: South 03°28'I7" East er distance of 41 i 33 fEet to a paint: Thence leaving said e~nteriitte, South E6°31'43" West a distance of 144.50 feet to a point; Tlieuce 2dotth I S°lJ7'20" West a distance of 122.50 feet to a mint; Thence 77.62 feet fallowing the sec of a non taat0ettt cttnre to the right, said curare }raving a radius of SO:OO feet, a central angle of 55°35'25", a chot+~ bearing of South 79°54'5(1" Vilest and a eito:d distaaaVe of 74.61 feet to a point; Thence North 72°17'28" Wiest a distance of 172.$1 feet to;8 point; f ~t~sn~>h;.•c,s~ t~tr ta~nossa4s.ra~:sapioat r-aot~9~~as• , - c~tc.~nir r,~lasazrtt+~tu_ar~zt~~-~ ~~at_a-s :;~ Exhibit C -Page 18 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF MARCH 2, 2006 ~~ T8~ LA1V13 6kOU1; tBVC. s~i, ao°1 1'27" Wit a distamr~s of 103.27 feet to a pc)irst; Thy North 67~ss34" vv~ a diistanne o~ 112.36 feet to a paint; Thence North 39°S$'S5" Wrest n distance of 8'S.3g feet iq n poem, Thence North 23°35"E14" West a distance of 45.73 feet to a point; Thence N+a~ 80°t39~2° Wiest ai distance ol`9"f.3f? feet to a mint; Thence 3iruth 14°38'04° West a distance of i30.0t) feet to a paid °17~enc~ South 39°03'02" bleats distance of7S:06 feet to a point; 'Thence 201.33 feet fo}tpwir~ tl~te arc of s invn talent curve to the right, said curve having s radius of 85U.OtI fed, a cen#rai angle of t 3°34°l+~", a chard bearing. of South 44°I 1'50" East and a chord distance of 200 8b feet to a paint; Thecee South SY°03'09" West a distausa of 575.25 fret to a paint; Th+cnce westerly 390.1 S feet,follpwing the arc of a circular curve to the right, said curve having a radius of 275.00 feet„ a central a,~le of 8I °27' i 6", a chard treating ofNorth 88°48`13" West and a c3aord distance of 358.25 feet W a pniht; Wince North 47°39'35" bleats dist~ce of 217.64 feat to a point; Theitc~ r~orthwastrady 103.87 felt fallowing the arc of a cinwuiar curve to the rigt-t, said cuuve having s radius of 300.00 £cet, a central eagle of 19°a0'14AC a chord bearing of North 3T*44'28"'West and a chard distance of $~P3,3S felt to a point; Them North 27°9'21" 1'~'est a distance of 346.17 fit to a paint; Theme 371.22 feet faliowirag the arc of s non tangent curve to the tight, said curve having s radius of 1,OE}0.00 feet, a caerttral -angle of 21 °T 6' 10 ; a chord baring of Soutb 72°48'44" West ash ~ chord distance of 369.09 feet ro a pointi Therrce South 06°32'S2" E a distsuce of 265.26 feet to a poia~ Thata<e North 89° 16'08" blast s drstaace of 630,49 feet to the POINT OF B~tsINIVING. Tt}HET>~R VV1TB; A tract of land fi)r rune purposes situated in dre Northeast t7rre t~ua~rter of Secticm 23, Township 3 Nartlr. Range 1 UitesY, Boise A~t~diarr, Ads County, Idahc-, described as foltaws: Gornmenrang at a found SIB-inch steel pin rnonvr~nting the .East E~ (~uac~tter Garner of acid Section 23 on the certterliae of S. Linder Rosid; Thesece fotlo~ving die easterly lime of said Section 23 and the eeretaline of said S, Under Road, North 00°41'.26° East a distance of 272,?3 Feet t€~ the P(}IN'I' OP' 13iaGlN1VING, fmaa which s found SlB-iach steel pin rttanut~anting-the Northeast Corner oi'said Section 23 beaes North OD°4l `26" East a distaga~ of 2,377.9; feet; ~rtdaar s~~ A.anr~i'~'G~t rxm'+p;' Grr~'Cam~r d~r~tlss a:"Er~'t".m.~acC A4~ P ~xxa Lhivr, 5u rbD; Ea~a, Ida#° 838TG ~ P 2t1Rf?34 4E1M11 C' ZRI~iJ34 A44g+xt~ivsr ai~rl~i"cemn Q:,~r11)\F,agleTrn+~.cferl~lOfi421t'~daai°4tsg~relN_t~it~~_s~utltral~ ttiQiM_~;~li_dsx Exhibit C -Page 19 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Rr~. /~.,`~~ Tie arm usour -~t. Thence leaving ~i;d easterly line and said centerline, North ~47°59'S5" West a distance of 15f:$2 Feet to $ gout; Thence iiortit 42°22'42" West a distance of 42,1 ~ feEt to a 1~Cflnt; Thence 336.67 feet follav~tg #lie arse of s non tangent eurr!e to the iefl, said cus~ve having a t~aditss of 9500 feet, a central angEe of20°1S"1~", s-chord bring of Not'dt SS°30'4'° Nest attd a chard distance of 334:512. feet to n paint; Thence North 63°Z2°56" West a distance of 11>$.S7 feet to a point; Theac+e 1+Foith 76°28`57" -West a diste of'2Z5;87 feet Yo s point,- Thence Marth 76°33'~5f" West a distance of 5l .32. feet to a point;. Thence riordt 78"37'1.4" West adista of 7b.39 feet to a point;. Thence North 84°15'Si`~ ~'nst'a distapte o€9t}.3~ fed to a goiut; Theizce North $9°51' 12" oVest a distance of 75.00 feet to a point; Thence South 85°35'37" West a distance of Sfl. i 8 feet to a point;. Thence South 81°58'50" West a distance of 222.41 feet to s point; Thence .~1'Otit~ $1°~~'~~° ~~St $ [itSt~12G8 9f X32.79 fCBt t0 ff ~ni~lti iltence South SSg37`37" West a distance of 12$.09 ~d. to a poiiit; 'tl~ience 232.SG feet followiiig tine arc of a-non tangent carve to thy, Iefi, said curvo having a rediuS of 510.410 feet, s central angle of 26'"07"38°, a chord being of Nord 17°26' l2" West acid a chord dis~rice of 231355 feet to a point; Thy Nartl3 52aflT13" ~esr a distance of 173.34 feet to a lnsi»c; Ti~niae noriheastcrly 350417 feet fviltiwin~ the arc of s circuiat etitve to the left, .said cut°ve havii9g ~ radius.of ~.Ob feet, a e~ittiwal a of33~35'46", a chord beating of North 35°24°20" a:~ a chord distarige of 345. I3 feet tct a paint; Thence North 1S°*i]'27" ~St a distanr,~ of 183.6 feet to ~ paint; Thsiice South 71 °~ 5`33" , a distait~ of 6i,~J4 feet to s point; Thence s9utheastelly i 72.E e~ feet foliowirig the ace of a circular curve to the right, said curve having ®radius of 300.Oi1 feet, a central angle _caf 32°54`f? l ", a chard b$arin~ of South 5;4a51'32" East ana a chaRd distance cf 169.91 feet to s paint; Thence 705.87 feed follawing the arc of a reverse. cun~e to the left, said carve having a radiusof 740.00 feet, s c~eritral sngte of 54®351'12", a chord.bearing of South 65x44'0'8" East and a cl~ivd stance of 679.41 feet to a pi~irtt Thence I~dorth 0(}°25'32° East a distance ®f ~138.b3 feat to a poiiit; Thy Soutli 89°34"28" .East a distance of 509.&0 feet to a point; Thence South Ofl°41'26" West a di~atice of I,062.71 feet tnthe .POINT ©F BEG[f~NIA1C4. ~eisfauae •S&aPlm~; ~ CJ~/i7~trarrmg •Go1~'C-0wvx~Jrri,a ¢b'~~ •Giripq 442 Ct Siwae t~sc, See tp©; 6e~te fdahuB9d38 ~ ty2f16.43fl.40ai7 t~ ~kA.937 4945 ~ a~x,,.~ufanctr~vr~mccs~m Eklr,~lnt1'.s~rTraia~f~rF'ac~1u§~[?g,4ctrie~,il~e,~la~q ~1215_a~ui3~ri~~,oS4s^i_if-l3 z~u.sWee Exhibit C -Page 20 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 T~ ~x ~~ ~~ tAvn ~eaur, i~c: The above described. tracts of Ians! l I S.GS ate, mare ar t~ subject to ail exisdittg e~eadents and rights-a€-wad. Ptepa~ By: TT-IE ,CANT) GRf7t1I', Ti~G. 462 8. SHORE I?TtTYI:, SUITE I00 1ACrLE, IDAkiO 83GT6 20$-939-4C14I 208-939-945 (FA:~C~ n~ D`~ ~ ~ ~~~ e~otatr ~uatJc wtu~s t 1 1,'+rr~,dar •SHe ~~ . Gall ~imrau{S ~ ~l G,wartnrr ~ r-..r~.±m~re~ • e,~n+r ea~s~.aatun dt~2 t;~ Sltotr ~rirc, Str. tflD, l"~ls, Fc~a 83G7b. ta'~8.93~.~Da-1 fi 2t18.939.44h3 • u~v attclppjl~rwu~3at:.rrim t5:1C~t1317~a~ir7°reea=fcrT~ratDS@~Ir,3slminF,l:rgaEslU U612f2,~eaurttrict~r_A562ti_1t.6_•;+uw.~ Exhibit C -Page 2l CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR TH• ARING DATE OF MARCH 2, 2006 ~t /d~L~ ,.. r ,~ .~_ ~~ `rH.C~ 1l.ANA Ca80Y1P, 1MC. Decetnl~er ! 4, ?~ Pri6Jeet TdO. 115021 Legal I~eSCIiQti0Y1 SuuthCidga S+:t~llviston R9ZUne to TN-R 6s.so a~ 1~ ~A~ A tact of Iand for rezone purpo~ situated in the North One Half of the Narehweat One Quarter of Section 23, Township 3 Ntirtbr, Ran,~e 1 Vest, Boise Meridian, Ada County, Idaho, descries aS follows: Conuiaeneiag at a found brass ~ ntonttrrtenting the Norchru~t Corner csf said Section Z3 on the centerline ®f VV. QYeriafid Road; Thence foll+awtng the portherl~+ line of said Section 23-and the centerline of said W. Overland Road, Souti~ 89° I5~?" Fast a distance Af469,79 feetto tl~ POIidT Ol: BEC3lNNING. Theatre following said norti;erly line agd said centerline, South 89° 15'27" East a distance of 832.51 feet to a point, a found 5f8-it~lt ~~I pin memiarsen€£ng tip W eat One Sixteenth Corner comntcut to said Sec6tnts.23 and Secfian 14, Tcavmship 3 NorEla, Range I W eat, Boise Meridi~t beats South 89°15'27" East a distancd of 23:91 few Tlaenc~e Ieaving mid northerly lilts acid said ceaterlitfe, South 4$°44' 14" Eas7 a distances of 539;65 fit to a point; Thence 50$.12 Tit following the arc of a non tangent elms to the leffi, said curve ltavirag a radius of I,®A0.4}0 feet, a c~ttral ankle of 29°t~'49", a chord bearIag of South 26°42'21" West cad a cl~rsrd distance of5tt~.68 Ebel ton point on the centerline of tha Ridenbateglt Cana{; Thence following said centerline the following six courses: 167.86 feet followit~:the arc of a ttaa tangent corks to the ri$ftt, said curve having ti taditas t-f ?3:04 feet, a central angle of t 28° 14'04", a chord bearing of iVorth 43°37'28" West and a chard distance of l 34.95`fe~xt to a ~~i North 22°29'35" Lust a distance of 90.98 feet to a point; Northerly 150.56 feet following the arc of a circular carve to the 1efr, said curve Ding a tttdi of D OO.Rt- fast, a c~ntfial angle of 86° 15'45 ", a chord bearing ofNorth 24°38'17" West and a chord distance of 13G.73 feet to a point: North 63°44'13" Want a distance of 124.4it feet to a point; Lewl~~pe<daa~txlm~r +Sok 1~ •C1trJl~gtoi~ +fslfCasraGr~~au c4'~T~unri~g ~Graft~it£ v8a Is. Sham I3ri+~, Ste-'lam, i?.a~g lckslm 8361 G + P ~#A.9~9.vQ~1 H :S}3'1.4445 • th'~C.~1t)1A.~,gla1'cartsY¢r Iry"1cs1t1S6?1~.rldm+oV.c~~tl 061211_i~ux7~rid,~a_G3p21_sas2,rn~cadae Exhibit C -Page 22 • CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 ~`~ ~~ rte a.sArr- caour, Ysv~ North 73°37'SU" West a distance at414.94 €eet to a plailrty North 6l °44`37" West a distance of 453.14 feet to a mint; Thence leaving sand centerline, North 04°44'33" ~msi a distance of 115.33 ,feet to the PO1NT OF 13EGIAIl~tINC1. TOGETHER WJfi~s A tract of land d`wrrezone garposrs situated in the Nerth One Half of ~Ctiocl 23, Township 3 North, Range k Nest. Saise Meridian, Ada Cauntp, Fdnbo, etescribeci as faUows: BEGINNINp at s found brass ~P ananumenting the I~Iarth Cane Qilacter of said S~tipn 23 on the centerline of W. Overland Road; Thence following tha northerly Iine of said Seddon 23 acid the terline of said W. Oveeland Road, South 69°19'4l" East a distance of 665:42 feet tti a point; frarn which a Errand 518-ilrl:ll steel pin mbratrneMztyg the 1~iortheast C:arnarr of mid Section 23 bears Muth 89° 1 x'41 " East a distance of 1,996.31 feat; Thene~ teavirrg said northerly line and said centerline, 5arsih Ot1~38'S5" West e distance of 359.G5 feet tct a pointy 'T1~teu1~ North 89° 1.1'44" West a tlistanc~ of 633.61 feet to a ?rat; Thence. South 75°46'16" West a distance of 497.22 feet to a point Thence 175.79 feet f®llawing the a~+c of a circular curve to the qtr said carve having a radius of Sddi~l feet, a eeaatral angle of20°48'37", a chord beareng of South gS°52'34" West aad a chard distance of 174.88 feet to a point; Thence South 4U°48'] 6" West a dist~ee of 353.17 feet to a pains ein the eeruerlil~ aftha; Ridenbaugh Canal; Themce fall©wing the centerline afraid Rdenbaugh Canal the tbltawing three cuiases; North 61°29'U3° West a distance of 154.70 fit to a point; 320.,04 fret following the arc afa circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48°53`;57", a chc-rd bearing afNdrrtli 85°56'42" West and a chord distalnce of 310.42 feet to a i~~t; South 69°45'24" West a distance of 100.69 feet to a point; Themes leaving said centerline, 1,372.01 feet t'ali~o;aing the arc afa non tesgent curvy tb the right, said curve havizrg a radius of t,tl0tt.04 feet, a central angle of 78°36'37", a chard bearing of N'olth 51°27"17" East and a tw~rpeilr~i2un.r • SfteNFmrsi~ • Qai~ ~ ~, ~A ~ E~arug . Gr,~c G~a+r~a&~aa 46? ti Sly°rc b+rtv" SIt¢ 1i~ i?ng~e, ld~sha $3616 + iy~'k3~ 4Q41 t' 3t~.939.4+ wa~vthrt n cr4l:~tiaa\r•.a~c Ta,~ecr l\95~t\~~am7a\s.~s\q_~4zla_~udi,;ii~o~21_rsr z_z~ed°e Exhibit C -Page 23 • CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH Z, 2006 l ~~ rye r:,~avn aaortr, t~ve. clrold distance of 126fr.9Q feet to a pohzt;c~n the ncrrtlierly lice of said SectiQrt 23 and the aentealine of said ih! tjverland Read; 3'hence follpwi,eg saki norsl~rty liiteand said centerline,. South 89°i4`23" East a distance of 179.35 fee# tt: the PQ1i+iT° +DF BLGIZ*fNIf3G. T Cottuuend»~ ~t a fotuid SfB-inch sficset lsitl montiraeut~ tine Ntirt6s~.st Goruer of said 8cction 23 on the:centerline of S. Litlder Road; Thence following the easterly Rine of said Seetion 23 and the ~nterlinQ bf said S. Linder Road, South 41'2b" West a distance ofG39.61 feet to a founat 5~8~inch steel piti, flr~m which' i~ f~uad 3/8-lath steel pua naottentng alts ~ Gtae [jt~rter of said Secti©n 23 beats South 00°4 t'2b" West a distance of 2,011.06 feet; Theme leaving said sly lire a~ saki +~enteriine, North 89° i 9'41" West a distance of 19925 feet to a found 5f~-irtaf- st:~l pin, ?banes South 00°41'26" West s distance of 224.62 feet to the P(}1NT 4E 13ECiINh1Tl+~TG; Thence South 610°41'Z6" West s distance of X5:38 feet to a paints Thence Ssiutlt l9'41" F.est a distance of 199.25 feet to a foand Sl8-inch st~l pin on said easterly line artd said centerline; Thee foiling said: easterly line cad said sentertinc, South, 00°41'26" West a distance of 425.b3 feet ttr a #toint; Thatce leaving said easterly line and-said centerline, North 89°34`28" West a di"stance of 509180 feet toes poirst; Tian 3cnrth QA°25`3a" Ws~Y a distances of 288.63 feet W a poinE; 'I9tehce 705.8? feet following fire arc of a aon tangent etnve W Fite right, said curve having a t~tdlus of 740.E feet, a central angle of 54"39'12", a chard bearing ofl~orth 63°44'08" Wei and a chord dis~tamce of 679.41 feet to a paint; Theses i 72.27 feet following tlxe of a reverse curve to w~ Isft, pfd curve having a radius of 300.011 feet, a central angle of 32"54'01 ", a ehord beating of North Sa°S l'33" west and a chard distance of l b9:91 feet to ~ Paint; Thee North 71°18'33" West a distance afGi.94 feet tcs a poitat; Theta South L 841'27" hest a rtistartce of 189.96 feet to a lxaint; `t'hence sQUthwesterly 350.Q7 feet following the arc of a circular curve to the right, said torus having a radius of 600;04 feet, a Central angle of 33Q25'4b", a chord bearing of Seiuth 35°24`20" West. and a chord distance of 345. i 3 feet to a Point; Thence ;"south 52°07' 13" West a distance of 173.34 feet to a Point; Tlience 65.69 feet following the arc ofa non tan~int cun+e to the left, said curve havi~ a radius of 510.110 feet, a etral angle. of tl7°22'47", a chord beaaing of North 34° i 1'23" lest ~zd B clJOrd dlstsare of b5.84 feet t8 a lsaint; 1 X62 E S9+we flatus. Ste ttgt, Jii~F, Ie~v.63615 ~ A 2Ct&.+J32.~! tl ~.939A9SS ~ n __e•.tkrL~nik.~eminc«m" C'~'~C.rat)It~.~tc Traeaslea I~es~4~i621~r1drtd~lr~~kll~fl61~z34®strn~ri~lgc>1_mr-~zemedric Exhibit C -Page 24 CITY OF MERIDIAN PIING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 -_.. ram t.nwn cxour, ~ivc Tbenee North 37°52'47" 'West a distance of 369.31 fett to a poiatn Thence northr~v~terly 57,G3 feet following the arc of a circular curve to the lef4, said curve ltav~ a t~rtlius of 340.OU feet, a central angle of (19{°42'43", a chord . of Not~th 42°44Y1$" West and ~ chard distance of S'f56 feet ta.a paint; T'bence Nattlt 4'D°35'31" West a distartve of 38.38-feet to a paint; Thertce Alort)t 52°07'{3° East a distance aft 71.46 feet to a pctin~ Tlterrcc atortheas#erly 51i;3S feet fi-llhwing the arc of oiccul~ curve to t}te left, said curve having a radius of 100:0(? feet, a eettteal angle of 33°25'46", a chord beefing of North X5°24'20" ~ and a chord dfstancc3 of 57.52 feet to a point; Thence North I S°41`27"` F,ss# a dunce of 231.33 feet to a point; "Thence rib~rthnr7y 47.16 feet ft~lavi+ing the. arc. ofa cfrdular curve to the. left, said eufve bavi~ a radius of !50.90 feet, a eenrraI artgte of t8°00'5&"+ a chord ,{,caring ofNatth 09°40'59" East amd a chord distance of 4+6.97 €cet.to a point; Thence forth 00°40'31" Faint 8 distance of 71.94 f~ tt- a Point; 'Thence South $9°{9'29° F..ast a distance of 65.72 ;feet to a Point: The~:e North 00°38'4'9" East a distance of 552. t 9 first to a pomt~ Thy 6$.OI feet following the-arc df a nos ta>igent curve to the night, said cewe 1g a radius 9f 325.04 feet, a cett~a! angle of 11°54'21 °, a chord bearing of South 7II°I 5'SS" and a ehond distance of 67.&3 feet to a point; Thence North I7°43'45" Erica distance of ! x..00 feet tct s point Thence 62.82 feet followin8 thenrc afa nnn tmngent cprva to Chet riglet, said-curve having a radius of 425.00 t~et. a centre( aa~rle of 08°28'06", a chard bearing of South 68°OZ°l2" bast artcl a chord distance af62.76 feet to a Paint; T#tence South 63°48'{19" East a distance of 223.27 feet to a pnittt; Thee soutlt~stefly 198.86 feet fallowing the are of a circulaa~ curve to the right, said curve having 8 radius of 425;00 feet, a central angle of 26°48'31 ", a chord bearing of Sauitt~ 59°23'54" East aada chord distance aiF I97.Q5 t'~ t®a gu~nt; Thaw Souttq 3659'3$" Eaat a dista~e of 70:57 feet to a paint; Thettre Sotittt 49°45°4fr° Farr: a dist~ttce of25.0#? feet to a point; Thence 37.30 foilovring ~ arc of a non taet~t crave to the left, of said curve itaviag a radius of 100.09 feet, a eerttral an$,le of 21 °22'{0°, a chore bearing of Mofth 29°33`09" ~ a chord distaucu of 37.08 feet to a points Theatre i~lofth 1 g°52'(14" East a distance of 13.05 feet to a point; Thc~tce atortherly 83.72 feet following the- arc of a circular curve to the left, said cwve hawing a rastius of 135.$0 feet, a ce~ettrai angle of 35°19'18"° a chard ltaiat^ing of North 0i °12'25° East earl ~ chord distance of ~2.4o feet to a lsQiet; Theme North 54°39'26" East a disttutca of 50.00-feet ~ a point Thence North 59°25'54" .East a distance of 38,74 feet to a }x-int Thenco Nortb 40°{} 1 `54" East a distance. of Y 19.46 feet ~ a point; Thence South 47°31'10" East a distance of 2 t 4.73 feet to a point; Thence South 56°3444" t a distance of 5(1.06 fit to a Ppint; J1itW/rdme •.~kPtrr • f,~Etigg •~ lm~dly~ a~'. r..rx~r 4GZ rr, ~7wrt Dint, ^.~ 100, P:aAtc, ItkJre 83514 • P .93%.411 ~ 2Ft8.~39:!1445 • nti„w.cirltiminromat Exhibit C -Page 25 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 V~ r THE &A.AiD GROOF, tNC. Thence Satlth 49° 16'00" East a distaaace of 343.92 fret to a point Thence Sots 62°E19'27" t a distance of 379.49 feet to the ~OfN3' OF BEGfNI-iQVCa. The tlbave describ~l tracts of fend contain 65.60 acres; more or less, subject to all exiSting easentersts and riglr~-of-way. Prepared fay: THIy LAND GROUP, INC. 462 E, SHt.?1tE bRIVB, SIII`I'E l00 EAGLE, IDAHO 836I6 208-934-4~U4I 2Q8-939-4445 (FAX'1 vat- tv pEC ~ `~ . ~~~* c dps.9xLalmmrs •Sar Ptaeslrg.. Grit . Ga~'~vx tnlBririan eY' lr+q~Pa~igg . fr»~s~einsir~gitatina 482 9 ~ ~lwsYC E?dvc; E4ac I~lp,1~, Chi 83~ib • P 2~.939.4A4f l; 208:939.~W~is • ~n*..~¢',~Dirtc~cam cr~~.,lrst~~T~r+t~q~y.~amf~llW_crafzl ,mot, osen~ a~-~~rn~d~e Exhibit C -Page 26 CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 DESa:ffibeI' t~, 20f3b Pmj~t Alai. 05023 Legal Description Sot ridge Serbdivision Rezotre to LO 3.48 acres r l ~~ ~~- s~i YHE LAtdI1CiRODA, INC. A tz$ct of land for rezone purposes situated in the North Qne. Half of the Nc~rthw~ One QuarEar of section 23, Township 3 No-Rh, Range l West, Boise Meri+iian, Ada Couarty, Idnfso, described as fnliows; Commencing at a found bre~'cap tnotturneueing ttze Aiar~kbwest Csamer of said Section. 23 on the centerline of W. Overland TI;~d; Thence follawing the aortherly line of said Section 23 and the centerline of said W. Overland Road, South $9°] 5`27" East a dist~ce of 33f12.3.0 feet to the PO[NT OF SBG1NAl1Nt3. Thence following said naRNheriy lire and saial centerline, South 89° 1 S`27° East a dis~ace of 23.93 Feet to a fcsurrd SIB-Inch steel pin ttaanuina~ttutg the Wcst`{fne Sixteenth Corner cvmrna~ td said Stations 23 and Section 14, To~+mship 3 Nctrtb. Range 3 West, Boise Meridian; 1`heacc following said northerly line'and said ee~tertirte, Snltth $9°14'2S" a distaace oF92459 feet tb a point; T~azc® l~vi~ said ~rtl~rly tine arn3 sold centerline, South ~#0°45'3S" Wiest a distance of ZS.fiO feet to' a point; Thence 639.$1 fees following the arc of a aon tastgetit curve to the left, mid cwve having a radius t-f 1,Otf0.Q0 feet, a centrat angle of 36°39'29", a ckocd brearing of Sautlr 59°3S°31"West and a choral distance of62$.95 feet to a point; ~'hemce Diorttt 48°4A°l4" West a distance of 539.&S feet to the POINT Ul7 BEGTWNING. -tlEte atrm cascrnetu r. ~ r~ Exhibit C -Page 27 • CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 - ~ - - - r.. _..._ _ ~ - _a -_.~-% a ; ~`--~ - ` `` D ~'°., '', Cpl ~/ j Sa-~ "e . ~~- ~~` ~ `~i i s'' r r~ ` `s` ~\1~- d'f ``~ ~ a ~ __s~ \ 1 a ~ ~ ~, ~~~ ~ ~~ a` ~` `^ \ i 1, i ~ ~ ~ ~ t r ~~ j ~ ; - d _ ~ ~ ~c ~ ~'+~ `fir -~ i~ ~ ~ 1 pa I ~ ~ rt ! a ~i i ~„ lr i ~ ~~' ~ ~~ ~ s_ GJ C}a Exhibit C -Page 28 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH Z, 2006 y ~ _._ ~~' I. - --° - ,S-~___-_-_.--... ~ ,r o :s ~~ .! ~, D \~ s~ ~ ~ ~ i ~/ r r s D ~ s f „ - OB ,~ ~ ~ ~~ ~~ ~ 4 ' y~ s~,~ 0 ~~ ~ Exhibit C -Page 29 CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE•ARING DATE OF MARCH 2, 2006 Exhibit C -Page 30 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH Z, 2006 S'. TE.P~ MILE ROAD u~aaa~ ~u ~ ~w I ~° ~' ~ ~j OU ~ ~ 1 1 'tea ~~ ~ I~ P i `° 0 4®. ~ ~ ' J ; ~~ Exhibit C -Page 31 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C -Page 32 CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council fords that the proposed zoning designations of R-8, R-4, R-2, TN-C L-O and TN-R comply with the Comprehensive Plan and recently amended Future Land Use Map. The Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that there are several uses that are allowed and conditionally allowed within the requested zoning districts. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings that are along the portion of Overland Road designated as an entryway corridor, the Council fords that the proposed lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. 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 recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (LJDC 11-5B-3.E). The R-8, R-4, R-2, TN-C, LL=O and TN-R zoning amendments will provide residential, commercial, and public/quasi-public uses in this area. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to R-8, R-4, R-2, TN-C, L-O and TN-R would be in the best interest of the City. Exhibit D -Page I • CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 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 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. The Council generally supports the proposed plat and associated master concept plan layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. 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 Council fords that public services can be made available to accommodate the proposed development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the 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; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACbID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) The Council finds that there is public fmancial capability of providing supporting services for this development. 5. 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. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. The Ridenbaugh Canal bisects this property. The Commission and Council consider the Ridenbaugh a scenic feature. The Council finds that this feature be protected and Exhibit D -Page 2 • CITY OF MERIDIAN PLA~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 enhanced by the applicant. Further, there are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. The Council fords that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. 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 maj or importance of which staff is unaware. Exhibit D -Page 3 ~ ~ February 2, 2007 AZ 06-048 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Creamline Associates, LLC ITEM NO. 5-I REQUEST Development Agreement -- Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zones and I-L zone for Creamline Park Subdivision -- 1200 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development 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 5 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. ADA cOU~rY REt~R~J, DAVID NAUARRO AI~ODUr .o0 4S 8018E IDAhO 02/16107 01:38 PM DEPUTY Neava Haney RECORDED-REQUEST OF III IIIIIiIiIlI1111111IIlIIIIIIIIII III ~aridlan City i ~07~0~~~#31 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald W. Van Auker, Owner/Developer THIS DEVELOPMENT AGREEMIIVT (this "Agreemeztt"), is made and entered into this ~ d day of , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, he called "CITY", Ronald W. Van Auker, whose address is 3084 E. Lanark, Meridian, Idaho, 83642, hereinafter called O'~VNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land im 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 Cade, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerniztg 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, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (C-G) General Commercial District and (I-L) Light Industrial District, (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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DT?VFT.QPMF.NT AGREEMENT (AZ 06-048) CREAMLIKE PARK ST)BDMSION PAGE I OF 10 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 VVIiEREAS, City Council, the 5`s day of December, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as ff set forth in full, hereinafter refereed to as (the Findings); and 1.8 WHEREAS, the Findings require the OwnerlDeveloper to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeems it to be intheirbest interest to be able to enter into this Agreement and aclcaowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WfiEREAS, 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. OZ-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained im this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ o6 048) CREANII.INE PARK SUBDIVISION PAGE 2 OF 10 C~ 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 Ronald W. Van Auker, whose address is 3484 E. Lanark, Meridian, Idaho, 83642 ,the party developing said Property and shall include any subsequent developer(s) or 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 pazcels to be annexed and zoned C-G (General Commercial District) and I-L (Light Industrial District) attach. 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 Unified Development Code codified as Meridian City Code Section 11-2B-2 and 11-2C-2, as follows: Construction and development of four commercial dots on 5.74 acres in the proposed C-G zone and 6 industrdal dots on 24.pI acres in the proposed I L zone pertinenE to this AZ 06-014 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modifiication of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 06-048} CREAMI.INB PARK SUBDIVISION PAGE 3 OF 10 • • 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. 4. That any existing domestic wellsand/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. 5. That the following uses shall not be allowed on Lots 3, 4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, major 6. That no trash compactors face the western property line on Lots 3, 4, and 5, Block 1. 7. That prior to issuance of any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That the design and azchitecture of any future buildings on this site be generally consistent with the ten photographs submitted by the applicant labeled "Design Goals - Creamline Park Subdivision". 6. COMPLIANCEPERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoping designation reversed, upon a default of the Owner/Developer or Owner/Developer'sheirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments orrecodif~cations thereof. DEVELOPMENT AGREEMENT (AZ 06-048) C:REAMLINS PARK SUBDMSION PAGE 4 pF 10 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developerconwnts 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 OwnerlDeveloperand ifthe Owner/Developerfails to cure such failure within six (6) months of such notice. $. 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. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heixs, 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 ter~mitnated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 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 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 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 withthe 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. DL7VIrLOPMENT AGREEMENT (AZ 06-048) C:REAMLINE PARK SUBDIVISION PAGE 5 OF 10 • 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, 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 OwnerlDeveloper shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching parry'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 maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limdtation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreethat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has 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. DEVELOPMENT AGRL~ENIENT (AZ 06-048) CREAIVR ~? PARK SUBD][VISION PAGE 6 OF 10 • • 15. ABIDE BY ALL CITY ORDfiTANCES: That Owner/Developeragree 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. l6 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 maul, 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: Ronald W. Van Auker 3084 E. Lanark 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. TIlVLE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with xespect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (AZ 06-048) rREANII.:_~ PARK SUBDMSION PAGE 7 OF 10 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 bebinding onthe Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions ~ thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon writtenrequest ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerkave fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed. to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. 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 orimplied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided far 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 Properly and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-048) ('RFAML•1N~ PARR. SUBDIV1S10N PAGE 8 OF 10 ACKNOWLEDGMENTS IN W,tTNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, OWNER/DEVELOPER ~~:. „7 ,.;- ~_ ~e~ ~ ~ ~ ~ Cyr-ct:~ Z~~-'d Attu: .. ~' ~~ WII..L,IAM G. BERG, JR., ~b ~~ ,. ,~~~~~~~--~ n nN~N~~~~~ DEVELOPMENT AGREEMEN'P (AZ 06-048) CREAMLIKE PARK SUBDMSTON PAGE 9 OF 10 ~ ~ ~~ ~ BY: STATE OF IDAHO, ) ss County of Ada, ) On this ~~?`~day of 2007, before me, the undersigned, a Notary Public in and for said State, personally Ronald W. Van Auker, known or identified to me to be above person, and acknowledged to me that he 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. G~ LP N Public for I R iding at: N/~fl~ ~d~i.m My Commission s: ~ ~avt c7 County of Ada ss On this ~ day of ip _ ~ 2007,before me, aNotary --~ Public, person ex~ and willi• G. Berg; 7r.~cnuw or i eu "~~~~ to me to be the `Clerk, respectivcly, 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. (SF~; 'f O TA.~p•'•~~~; Notary Public for Idaho ~ '~'~ : Residing at: ~"il I 1 ~i 1 1 b ~- Commission expires: ~ p-l 1-~ i ~ ~~ ~ i • ~~-,~ ~~~~~~ (I~~Bpp~,jC.~~p i DEVEI.OFN1~Afi ~ZtEEMENT (AZ 05-048) C:REAMLINE PARK SUBDIVISION PAGE 10 OF 10 STATE OF IDAHO ) Exhibit A Legal Description IDAHO SURVEY GRC7UP 1450 East WatErtoWer Sc Since 150 Meridian, Idaho 83642 Phone (208) 846.8570 Fauc (208) 884-5399 Project No. 06-210 Creamline Park Subdivision Aanexation Description July 26, 2006 A parcel of land located in the West Yz of the SW 1/4 of Section 12, T.3N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the %. comer common tc Section 13 and the said Section 12 bears South 89°15'24" Fast, 2651.28 feot; Thence South 89°15'24" East, 353.08 feet m the REAL POINT OF BEGllVNING. 'Thence North 00°43' l0" Past, and along the East line of Rappers Acre Subdivision, as same ie recorded in Hook 19 of Plats at Page 1298, records of Ada County, Tdaho, a distance of 1476.30 feat to the Northeast comer of said Subdivision lying on the South right-of--way of the Uzuon Pacific Railroad; Thonco along said right-of--way South 88°30'36" East, 968.15 feat; Thence departing saidright-of way South 00°32'36' West, 1463.89 feet to the West 1116 corner common to said Sections 12 and 13; Thenco North $9° 15'24" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. Propared By: Idaho Survey H~Vi6W AAVROVA~ ~~~~ D. Telry Peugh, PLS Proiesslonal Land Surveyors • RECEIVED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND IIECISION & ORDER NOV~ 3 0 20~ t ~ raTr eaF .. `, "i. .r17fi~lt~l? ~ "~' ~, ~ ~a.~u+a Tn the Matter of Annexation and Zoning of 32.75 acres from RUT to I L and C-G AND Preliminary Plat approval for 6 industrial lots and 4 commercial lots for Creamline Park Subdivision, by Creamline Associates, LLC. Case No(s). AZ-00048 and PP-06-050 For the City Council Hearing Dam of: November 21, 2006 (Findi~ags on the December 5, 200b City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2006 incorporates by reference) 2. Process Facts (sec attached Staff Rdpuri fur tha hamming dale of November 21, 200G incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 21, 2005 incorporated by reference) 4. Required Findings per the Ulsified Development Code (see attached Staff Report for the hearing date of November 21, 2005 incorporated by reference) B. Conclusions of I~w 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Laud 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 IJ-evelopment Code codified at Title 11 Meridian City Cade, and aU dent 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 Meridiafl planning jurisdiction. CITY OF MERIDIAN FAdDIlVGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-06-048 and PP-06.OSQ • • S. It is found public facilities nerd services required by the proposed dev®lopment will not impose expense upon the public if the attached wnditions of approval are imposed. 6. That the City has gamed an order of approval in accordance with this Decision, which shall be signed by the Mayor and Gity Clerk and then a copy served by the Clerk upon the applicant, the Platming Department, the Public Works Department anti 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 State Report for the hearing datra of November 21, 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 urn 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 July 31, 2006 is hereby conditionally approved, 2. The following modifications to site specific conditions were made at the City Council hearing: . a. Deleted condition 1.2.8 which required the applicant to cover the Eight Mile Lateral. b. Modified condition 1.2.6 to increase the landscape buffer between uses to ten feet with a vinyl fence. c. .Added condition 1.2.11 which requires a shared driveway and cross access easement for Lot 10 Block 1 such that it sham a single access to Franklin Road with the property to the east. d. Modified condition 3.20 to only apply to Lots 4, 5, 6, and 7, Block 1. e. Added a provision to the DA that requires the design and architecture of any future buildings on this site be generally consistent with the ten photag<aphs submitted by the applicant labeled "Design Goals CreaYnline Park Subdivision". 3. The site specific and standard conditions of approval are as shown in the attached Staff Report far the hearing date of November 21, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat D~uatlon CRY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASK NO(S). AZ-0604$ and PP-O6~U50 • • Please take notice that approval of a preliminary Plat, combined preliminary and funal plat, or short plat sl~al] 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. auceessive 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 Iirector may authorize a single extension of time to record the final plat not to exceed eighteen (1$) months. Additional time extensions up to eighteen (1$) months as determined and approved by the City Council maybe granted. 'With all e7ctensions, the Director or City Council may require the prelirninaty 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 Cade 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 conceaning 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 praperiy which maybe adversely affected by the issuance or denial of the conditional use permmit approval clay within lwenly-eight (28) days alter 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 November 21, 2006 CITY OF MERIDIAN FINDIIVCi5 OF FACT, INCLUSIONS OF LAW AND DECISION & ORDF.It CASE NO(S). AZ-06-04$ and PP-06.050 • • By action of the City Council at its regular meeting held on the ~~~ day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KETTH BIltD TIE BREAKER MAYOR TAMMY dd WEERD ATTEST: ~,. ,~-l C~/'CMtq)~ VOTED`~~~Pi~ VOTED_L~~~.i voTED ~~--- VOTED_~~~ VOTED '~~ WEERTB ]//pyq~~~~ ~," LIAM G. BERG, JR, LL~Ky ~ ,~ Copy served upon: Applicant ~~~~''frrrr~+++++++``~~~~ Planning Deparlxnent -+~ Public Works Department City Attorney By: Dated: 1a~1 ~-O~e City cl~x's ot~~e CITY OF MEI~TAN F1NT)TNGS OF FACT, CONCT TJSTONS OF LAW AND DECTSION & ORDER CASE NO(S). AZ-U6-048 and PP-06-050 • CITY OF MERIDIAN PLANNI 1T6 DEPARTMEI~TT STAFF REPORT FOR TIC HEARINQ DATE OP NOVIINB)rIt 21,2006 STAFF REPORT Hearing Date; 11/21/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 248-$84-5533 ~~D~ ~~+-~~ . ~~~1~ierrr~i'an 4 ~'~ { iu,~to ~ '~ SYTBJECT: Creamline park Subdivision AZ-06.048 Annexation and Zoning of 32.75 acres from RUT (Ada County), to 8.74 acres of C-G (General Retail and Service Commercial) and 24.01 acres of I-L (Light Industrial). PP-06-050 Preliminary Flat approval of 4 comcial lots on 8.74 acres in the p~ropased C-(1 zone, and 6 industrial lots on 24.01 in the p~mposed I-L zone, by Creamline Associates, LLC. 1. SUNIlV7ARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, (`reamline Associates, i.i.C, haR applied for Annexatiom and 7ening {A~ to C-Cr (General Retail and Service Commercial) for 8.74 acres and I-L (Ligl-t Industrial) for 24.01 acres of property currently zoned RUT in Ada County. The site is located on the north side of Franklin Road, near the na~rtheast corner of 1ranklin and Linder Koads, approximately 350 feet east of Linder Road. Currently, the land is being used for agicnlture and there are no buildings on the site.l'he subject property is within the Urban Service Planning Area and is ctxrreutly referenced as parcel numbers S12123361~ and 51212336596. 2. SUNIIMIARY RECOMMENDATION 'The subject applications (AZ and PF) were submitted w the Planning Department for concuaxont roview. Below, staff has provided a detailed analysis a~ recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Creamline Park Subdivision (AZ-06-048 and. PP-06- 050) with the conditions listed in F,xbibit B of the Staff Report. The Meridian Plannine aad Zonine Commission beard these itens,Q on October 19, 2006. At the~nbllc hearing thev ed to r mmend rov s. Snmmsrv of Commission Pab c Heariae: i. In favor: Brad Miller ii. In opposition; None iii. entina: None iv. Staffpresegp~,g application: C. Caleb Hood v. ~khcr stiff commentipg nn application: Ngne b. ltCev Issues of Discnseion by Comma on: i. - 25 foot landscapebuffer betweena-L zones uses and alternative o~mpliance• ii. -sire laepartrnent restrictigns on lots north of the Eight, Mile Lateral• iii. ~t~,uir~tili~lg of the Eight Milg_Lateral~ iv. -Possible ~gggn y access in~Qthe i~ the northern property line: v. -Public street access into the gr,~ope~yt ,- vi. - Loading, docks. and bays facine west. Creamline Park SuUdiviaion AZ-06-048/PP-06-050 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TEffi HEARING DATE OF NoVF1VIEER 2I, 2lif~ i- ~ ~ ~ _'on of condition 1.2.2 which reya~'red ~ pplieant to vide ~vvo R11~+~ t access t~oiuts to this propgr~y-~pna ectecl by a loop road ii. - Elimi~ion of condition 1.2.3 which required the lioant to rovid access easement to the neighhorinE properly to the d pe p e a cross st; iii. ` -Elimination f^_ co~~i*ion 1..2 4 which r~tiyed the ap plicant to include p ZS foot lap buff cs al the west bo o£ 3-5 1 1 iv. -1~[~dification of con +tion 1.2.5 to avow loadi ne arm s docks orb is a face thew tern ' e. v. -Required applicant to submit an alternative co mplia nce a ~ anon for the 25 landsca b betty uses• vi. - RCUUirtxl the apuliuuat pur•,~us nm vucy aax;c ~ point al g the n hcm Bray Intl and rPnort to the Council i this wa s ~,~n1, 1A d as _ i. -The applicant ais requesting t to coo the Ei ght Mi le lateral on thislar as reauir by the UDC Lsee conditio l~ .2 81. ii. -- The applfcant should provide more irxfo_*+++_ation abou t a possible amereencv a~ess~ available alongthe north~.Fr~ ~e . iii. -The Comore emsive nl~ designation for the nei ,~hl+ciringprnp~es t the west thew tarn line ' 25 to feet as ended b th 1'lannin Commission tnay have a substantial a~;vtff on the fiataare redevelopment t f in dais Latezal• -- ii. - Modif ed co 'lion 1 2 6 rn i~ ese the 1~ t iii. -Added con lion 1111 whi~gCh ntrex a charw~i ~*tvewav and cross a~Ss Bnt for I.M 1 O Block 1 mach thAt ' charea a +.+nale ac~~ca to Frar1A;,, Rnari ,~ ~ ~. iv. - Mpdified condition 3.20_ reaardina Firr.l7enwrfmAn4 a.a., .,r~„f„o~ ..«:... +,. Creamline Park Subdivision AZ-06-048/pP-0b-0SO PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2 i, 2006 v. - Added a emviai~n to Lhe DA that .;n~a tl~a dru;on anti fit,.+pr+• a .+f env fittiue bu'l,~d~tg3on 's site b Qea t v eenn;ArP.+t .v+*t, r1,P +~-„ ..t,nrr.n..eal,o ~ miffed b~- theme ap~cant lAbeled "Deal ~.oa]s line Park 3. PROPOSED MOTION (to be ~oneldered alter the public heariagJ Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-048 and PP-06-050 as prescntcrl in the Staff Report for the hearing date of November 21, 2006 with the following modifications: (Add any proposed modifications.) Dental After considering all staff, applicant and public testimony, I move to deny File Ntunbers AZ- 06.048 and PP~6-050 as presented durln$ the heat~lrig of November 21, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specit3c reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZT-048 and. PP-~i-054 to the hearing date of (insert continued date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site AddressJiocation: 1200 West Franklin Road; in Section 12, Township 3 North, Range 1 West. b. Owner: Creamline Associates, LLC 3670 Iiepburn Circle Stockton, LA 95209 c. Applicant: Same as owner d. Representative: Kent Brown„ Bailey Engineers e. Presem Zoning: RUT (Ada County) is Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and 'coning of the subject 32.75 acres to a mix of C-G (8.74 acres) and i-L (24.01 acres) and Preliminary Plat approval of four commercial lots and six industrial lots. 1. Date of preliminary plat (attached in Exlu`bit A): 7/31/2006 2. Date of landscape plea (attached in 13xhibit A): 8/10/2006 S. PROCESS FACTS a. The subject application wiA in fact constitute an annexation as determined by City Ordinance. ay reason of the provisions of the Meridian City Cod® Title 11 Chapter 5, a public hearing is required before the City Council on this matter, Greamline Park Subdivision AZ-O(r048/PP-06-0SO PAGT? 3 C~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FTEARTNG DATE OF NOVF~VIB$R 21, 20lh6 b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of tho provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on tins matter. c. Newspaper notifications published on: October 2°d and 16°i, 2006 (Planning Commission) `~ and November 13 2x06 Ci Co d Radius notices mailed to properties within 300 feet on: September 22'x, 2006 (Planning Commission) October 27'x. 2006 (City Co~unc~l_1 e. Applicant posted notice on site by: October 9`~, 2006 (Planning Commission) November 13~, X006 (City Council 6. LAND USE a. Existing Land Use(s): The site is currently vacant; there are no existing buildings. b. Description of Character of Surrounding Arta: There ate various uses that are adjacent to this property. To the east is a large industrial area that includes a storage facility and other light industrial uses. To the north is the railroad, a retirement communityandmulti-family dwellings. To the west is a daycare facility within, city boundaries and various rural residences zoned Rl in Ada County. To the south across Franklin Road is the Crestwood Estates Subdivision, a siagie-family re~sid~tial neighborhood. c. Adjacent Land Uae and Zoning: 1. North: Retirement Community and future Multi-family, Zoned L-0 2. East; Lumber StArage and Vacant Land, Zoned I-L 3. South; Franklin Road and Crestwood Estates Subdivision, Zoned R-4 4. West; Single-family homes amd some home occupations, zoned Rl (Ada County), a daycare, zoned L-O, and vacant land zoned C-C. d Y~istory of Previous Actions: In February of 2005 the Planning Depatttnent received a previous development application for this property. This application consisted of an annexation and zoning request for the entire 32.75 acres, to a mix of residential and commercial zoning districts. The application also included a conditioaal use permit Ior multifamily development, and a request for preliminary plat approval of 146 residemial building lots, and i commercial lot. This previous development application only included one public street access point to Franklin Road. The Planning, Police, and Fire Departpnents had serious concerns about adequate access to this previous proposed development. These concerns were outlined is the staff report along with recommendations to provide some type of secoxtdary access into the proposed development. The primary recommendation was to provide a stub street that could he extended to Linder Road. The Planning Department also had serious reservations about the compatibility of u~ on this silo, specifically the potential conflict between the proposed residences and existing industrial users to the east. Due to these concerns the applicant chose to withdraw the application before it was voted upon by the Planning Cozraaission or City Council. e. Existing Constraints and Opportunities: 1. Public Works: Creamliao Park Subdivision AZ-06-048/Pp-Ob-0$Q PAGE 4 • CITY OF MERtDlAN PLANNIIVt) DEPARTMENT STAFF REPORT FOA THE NEARING DATE OF NOVEMBER 21, 20~ Location of sewer. There is currently a sewer trunk on the na2th side of this property and a sewer main in W. Franklin Road. Location of water: There is currently water main located im W. Franklin Road. Issues or wncems: 1.) Water main sizing. 2.) Flood plain. 2. Canals/Ditches Irrigation: The Eight Mile Lateral runs directly through this site. The applicant is proposing to cover this lateral as required by the UDC. 3. Hazards: A portion of the rear of this property lies within the 100 year flood plain. 4. Proposed Zoning: C-G (General Commercial) and I-L (Light .industrial) S. Size of Property: 32,75 acres f. Subdivision Plat Information: 1. Commercial Lots: 4 2. Industrial Lota: 6 3. Total $uilding Lots: 10 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 10 g. Landscaping 1. Width of street buffer(s): 25 feet (along Franklin Road) 2. Width of buffer(s) b~stwccn land uscs: 25 feet (to non industrial uscs) 3. Percentage of site as open space: N/A h. Off-Street Parking: UDC 11-3C-6 requires one parking space for every 500 square feet of gross floor area in all Commercial Districts, and one parking space for every 2,000 square feet of gross floor area in all Industrial Districts. i. Summary of Proposed 6tr~ts and/or Access: Quc public stract (North roost 13`~ is proposed for this project. This street is a cul-dc-sac that emends from Franklin Road and ntns north into the proP~y for approximately 450 feet. Beyond the oul-de-sac the applicant is proposing a 500 foot drive aisle and cross access easement tv provide access to the rest of the property that is not directly served by the cul-desac. The applicazt is aLgo proposing to construct two curb cuts that will allow for direct access .iirom Franklin Road Ibr .hots 2 and 10, Block 1. Please sra Staff's Analysis below for more on the proposed access for this development, 7. CONIIVIENTS MEETING On September 29, 2006, a joint agency and departments meeting was held with service providers is this area. The agencies and department present include: Met3dlan Fine Department, Meridian Parks Department, Meridian Public Works Department, Meridian, Police Department, and the Sanitary Services Comgaay. Staffhas included cornmentA, conditions and recommended actions in Exhibit B below. S, COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Clse Community" on the Comprehensive flan Future Land Use Map. Mixed Use Community areas are anticipated to contain a variety of commercial and Creamline Park Subdivision AZ-05-048/PP-06-0SO PAGE 5 ~ ~ CITY OF MERIDIAN Pl.AIVNINO DEPARTMEtd'f STAFF RF,'PORT FOR THE HEARIl~IG DATE OF NOVEMBER 21, 2006 residential uses (see Page 103 of the Campreh~sive Plan.) The proposed Preliminary pig includes four commercial lots and six industrial lots. The commercial lots are proposed is a C-G (General Commercial) zone and the industrial lute are promised in an I L (Light Industrial Zone). The Comprehensive Plan does not identify specific zoning districts that aze allowed in the `2Vlixed Use Community" designation, but it does encourage transitional uses and flexnbility. Staff believes that this property is in a transitional. area of the city and that the C-G and I-L districts are appropriate, consideting the cuaeirt and potential neighboring 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): Chapter VII, Goal lII, Objective A, Action 1 -Require that dc-rolvpment projects have plannexl 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 wilt 8e extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District puce 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 Zie within the jurisdiction of the Ada County Sherij, j's OfJice. Once annexed the lands will be serviced by the Meridian Police Department (MF'D). • The roadways agCd'acent to the subject lands are currently owned and maintained by the Ada County ~ghway District (ACID). This service will not change. • The subject lands are exarently serviced by the Meridian School District #Z. This service will not change. • ?'he subject lands are currently serviced by the Meridian Library District. This service wild not change and the Merld~an Zibrary District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, sen-ices will be provided by the Meridian Building Departrnena, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Deparament, the Meridian Planning Department, Meridian Utility Billing Sr~rvices, and Sanitary Services Company. Chapter VI, Goal II, Objextlve A, Action 3 -Consider "Accommodating Bicycle and Pedesttiau Travel: A Recommended Approach„ from the National Center for Bicycling and Walking is ail land-use decisions. This publics#on encourages jurisdictions to establish bikeway and walkway facilities in new constraction and' reconstruction projects, in a manner that is st{fe, accessible and convenient. Sta,~''believes that the subject applications comply with the policies listed in the literature noted above, Chapter VI, Goal II, Objecrive A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Cresmliae Park 5ub6ivision AZ-~-04$!pP-06-050 PAGE 6 • CITY OF MgRmIAN PLANNING DEPARTMENT STAFF REPORT POR THE HEARtriQ DATE OF NOVEMBER 21, 2006 The submitted preliminary plat proposes one public street that terminates as a public street with a eul-de-sac, but conalnues on into a larb-e Industrial development as an access easerner,~ Although StafJ`'is unsupportlve of the proposed street layout, Staff believes that thrnugh some mod~aation (described at length in section 10) that this subdivision could Improve circulation and connectivity in this area of the city, if the conditions listed in Exhibit B are complied with. Chapter VI, Goal II, Objective A, Action 13 - Rcview now dcvclopmcnt for appropriate opportunities to connect to local roads and collectors in adjacent developments. The submitted preliminary plat does not take advantage of the location of Sly 12s' Street which is an existing local road across Franklin Street from this property. Stgfj`'is proposing that this local road be extena'ed across Franklin w comply with this Oual and Action item (see Section 10}. Chapter VII. Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. As noted above, the applicant is proposing one public street connection to Franklin ,Road (an arterial street) and two curb cut driveways. Str~' is rrot sttppor~ive of the proposed access and street design and describes an alternative plan in Section 10 of this rapnr~ ,Skiff believer that direct lot access should be restricted far this project, and that the applicant should provide a more versatile public street system. Chapter VII, Goal N, Objective C, Action 1 -Protest existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing an industrial zone adjacent to various residences and a day care fadllty. Sta}J finds that the IrtdusMal use can co-exist with these residential properties in the near vicinity if land use bu,~'ers are installed along the western property line as coed#ioned in Exhibit B. Chapter VII, Goal N, Objective A, Action 2 -Encourage industrial development to locate adjacent to existing industrial uses, The larul aGutting this properties eastern boundary is cumenaly zoned I-L within in the city. Staff believes that allowing for an I-L cone on the northern portion of the subject property is consistent with the comprehensive plan. Chapter VII, Gaal IV, Objective A, Action I -Minimize noise, odor, air pollution and visual pollution in industrial development adjac;cnl lu resi~kattial areas. Currently there are various residential uses abutting the western boundary of this property. Whlde these residences will most likely transition to commercial uses in the future, sta,~`' is still concen~d about noise and other impacts an industrial development could have on these properties. The developer should these residences into account when tt considers users for the lots that abua homes. St~'makes recommendations in Section 10 and Exhibit B of this report to help minimize any patentiad conflict between ucec. Chapter VII, Goal I, Objective E, Action 3 -Require industrial areas to create a site design compatible with surrounding uses (e.g. landscape, fences, etc-) and community design criteria Sae analysis above. Croamline Park Subdivision AZ-06-048/pp-p6-OSp PAGE 7 f ~ CITY OF MElt1DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNCi DATE OF NOVEMBER 21, 2006 Sta, ff recon~nrends that the Com»~ission and Cormcil rely on any verbal or wrinen testamorry that may bca provia'ed at the pabllc hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNII~'IED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) lists various uses that are allowed in the C-G and I-L districts. b. Purpose Statement of Zone(s): GI~TER.AL CONIlI~IERCIAL DLSTRICT (C-G): 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 sine and seals of commercial structures accomuwdated iu the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: LIGHT 1NDU$TRIAL DISTRICT (I-L): The pwpose of the T-L District is to prorride for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. Itt accord with the Meridian Comprehensive Plaq the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within eaclos~ structures. Accessibility to transportation systems is a requirement of this District. 10. ANALYSIS a. Analysis of Facts Leadiagta Sta$Recomraendation: A2 Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C-G and I-L zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexatlOA. The annexation legal description submitted with the application (stamped on July 26, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian_ Special Considerations: Campetibi~y Witt Surrounding Usest The proposed zoning designations and concept plea submitted by the applicant show various industrial and commercial buildings proposed for this site. Sffiff is mostly concerned with the proposed industrial use on Lots 3-5, Block 1 that will be adjacent to various existing homes and a day care facility. To help avoid potential conflicts between the existing residcncos to the west and the proposed industrial dcvclopmont staff believes that some of the principally permitted uses in the I L zone should not be allowed on Lots 3,4, and 5, Block 1. These uses include vehicle impound yard, solid waste transfer station, recycling center, and major vehicle repair. Staff feels that these uses are too intense to be located adjacent to residences. Staff also believes that nn that no bash cvuipactors, loading areas, docks, or bays should face the western property line on Lots 3,4, and 5, Block 1. Creamline Park Subdivision AZ-06-048tPP-06.050 PAGE 8 r: ~Tti' OP ME~~ PLAIVNIN(3 DEPARTMENT STAFF REPORT FOR T1~E HEARING DATIr OF NOVENIDER 21, 2006 Development Agreement: UDC 11-58-3.D.2 and Idaho Code § 65-6711A provides the City the authority to requir®a property owner to enter into a Development Agreement (DA) with the City that may rewire some written commitment for all future uses. Stall' believes that a DA is necessary to ensure that this property is developed in a fashion that is consisted with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the anmexation ordinance approval, a Development Agreement (DA) shall be Ott into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant altall contact the City Attorney, Bill Nary, at 881i1j1433 to initiate this process._The DA shall incorporate the following: • That all future uisea shall riot involve uses, tictivities, 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 tratiic, noise, smoke, tomes, glare yr odors. • That all fixture development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • 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 sarvices are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following uses shall not be allowed on Lots 3,4, and 5, Block 1: a. Vehicle impound yard b. Solid waste transfer station c. Recycling center d. Vehicle Repair, moor • 'That iw trash compactors, face the we<ctern property line on Lots 3,4, and 5, Hlock 1, • That prior to issuance of say building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: Upon modification per the conditions listed in Exhibit "B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. a. Special Considerations; Street Design: From the initial pre-applieatia~n meeting for this project Staff has been concerned about access and circulation an this site and in this area. In the pre-application meeting the applicant proposed a single public road/cul-de-sac that extended deep into situ Clreamline Park Subdivision AZ-ob-048/PP-o6-030 PAGE 9 • CPI'X OF MERIDIAN PLANNING D$PARTMENT STAFF REPORT FOA 1T~E HEARING DATA OF NOVEMAER 21,2006 (approximately $04 feet). Staff informed the applicant that such a strcet design did not meet the city's subdivision and street standards as described in UDC 11~C-3B4. This regulation specifically limits cul-de-sac or dead end streets to a maximum of 450 feet_ The propose of the devementls two provide adequate pablie circulation in and t'brou and I ~ ~ Staff voiced these concerns and r '~ Y opment Prnlect. equested that the applicant redesign the site to provide for better circulation and aecese to such a large development. Iu respaaase to these requests, the applicant submitted the preliminary Plat and co~ept plan that is included in this report (see exhibit A). As the plans show the primary access to this development is still a single cube-sac street that has been reduced in length from the original proposal to meat the 450 foot maximum length requirement. The proposed industrial lots (4-'n at the north end of the property are anticipated to tape access off of an approximately 500 foot driveway and cross access ea.cement that. is extended from the northern terminus of the cut-d~sac to Lots 4-7, Block 1. While this configuration is not strictly prohibited by the UDC, staff is still concerned about the lack of access and public street dreWation on this alts. Although the applicant is meeting the cul~te- sac length requirement as described in the UDC, staff believes that the intent of that requirement is not being met. Ia other words when the proposed cul-de-sac is carabined with the proposed private driveway easement the result is a 900 foot street/driveway that dead ends, and a 32.75 acre development which takes primary access from a 450 foot eul-de-sac. To ~edy this Staff Proposes the following: That the applicant provides two public street access paints to this property along Franklin Road Staff suggests that these two access points be licked by a public street that would loop into the proposed development. Staff proposes that eastern public street access point be an extension of the existing SW 12'~ Street which cuarently intersects Franklin Road across from the south cast corner of this property. This extension of SW 12s` Street could be brought north into the property across the flight Mile lateral, and then looped around to reoonneet witbt Franklin Road at a location to be determined by the Applicatat and ACHI).1fiis U shaped loop would provide two separate points of access itrto this project and increase the public street eitculation Pattern in dais arena. The extension of SW 12`~ street across Franklin Road would also provide access for the parcel (#S 1212346615) to the east when they develop in the future, without the neaeesity of an access point on Franklin Road. Staff preseatc this as one possible option that would provide greater access to this development. Other solutions could be developed by the applicant that could increase public and emergency access into the site. Staff is not recommemcliag a stub street to the east due to the lack of any outlet in that direction. Likewise, Stall'is not rewr<unending a stub street to the west, to be connected with Linder Road, due to the size and configuration of the bordering lots. Tf a stub street was provided to the west it would cover an entire lot, if and when ft was extended. A westerly stub street would also allow for unnecessary cut through traffic between Linder Road and Franklin Road Access: Staff also has concerns about direct lot access to ]Franklin Road, which is classified as an arterial street on the adopted Functional Street Classification Map. Aa proposed the applicant shows Lot 2 and 10, Block 1 with direct access to Franklin Road. Chapter VII, Goal VI, Objective D, Action 2 of the Comprehensive plan says that curb cuts and access points should be restricted along arterial and collector streets, Staff believes that direct lot access to Franklin Road should be restricted for this development. Staff believes that the applicant should provide a cross access easement to the Thornton property (parcel #1212336030) to the C~wmline Park Subdivision AZ-06-048/pp-~-Ogp PAGE 10 CTl'1' OF MERIDIAN PLANNING DBPART[~NT STAFF REPpRT FOR THE FIEARIIVp DATE OF NOVEMBER 21, 2006 west. Staff' believes that pmviding ero~ access to this ptup~ty is important due to its limited frontage (340 feet) on Fns Road and proximity to the iatersedion of Linder and Franklin Roads. CompadbiUiiy/Landacape Bnffer to Ad~olning Uses: The concept plan submitted by the applicant shows various industrial and commercial buildings proposed for this site. Sta$is mostly concerned with the proposed industrial uses on Lots 3 S, BIock 1 tlant will be adjacent to various existing homes and a day care facility. UDC Table 11-2C-2 requires a 25 foot wide landscape buffer to non-industrial uses in the I L zone. Staffbelieves that this buffer will help to mitigate the inherent difference between the existing and progoaed uses. Beyond this landscape buffer. staff also believes that no that no trash compactors, loading areas, docl~, or bays should face the western pmporty lino on Lots 3,4, and 5, Hlock 1. Landscaping: Tlie landscape plan prepared by G. Deusen, on 8-1 D-06, is approved with the following modiScations/notes: • Per UDC 11-2B-3, a 25-foot wide landscape buffer should be provided along Franklir Road that meets the standards outlined in 11-38-7. • Per UDC Table 11-2C-2 constxuet a 2S-foot wide landscape buffer on Lots 3- S, Hlock 1, along the west property line. Said buffer should be constructed in accordance with UDC 11-3B-9. Said buffer should be installed prior to occupancy of the future use on the individual lots}. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Hui 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. Submit copiers of a revised landscape Plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. Staff recommends that the applicant clarify, at the public bearing what the fencing plan is for this site _A detailed fencing plea should he submitted upon application of the final plat. If permanent fencing is not provided before issuance of a buz7ding permit, temporary eonstrtlclion fencing to contain debris must be installed around the perimeter, perimeter fencing shall be designed according to UDC 11-3A-7. Ditches, Laterals, sad Canals: Fer UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Eight Mile Lateral traverses this site. This lateral should be covered as required by the UDC. Pressure 1Grigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-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 souuce is not available, a single-poittt connection to the Culinary water system shall be requiread. 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, Creamline Park Su6diviaion A7~06.048/PP-0b-050 PAGE 11 CtTI' OF MERIDIAN PLANNIIJG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEI~ER 21, 2006 pr'essutYZed irrigation system should be installed to all landscape areas per the approved speciIIcauons aad in accordance with UDC I 1-3A»15 and MGC 9-1 28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06- 048 and PP-Ob-SQ with the cotlditions listed in Exhibit B of the Staff Report for the hearing date of October 19, 2004. ~ Meridian Pl~niri and Zoning Commission heard these ~eri15 eri ~etnhar l0 2eArC w• •r_ _~t~a_ z__~ .. _ il. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 7.31-06) Z. Landscape Plan (dated: 8-10-06) 3. Concept Plan (dated: 8-10-06) 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 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legs] Description U. Kequired Findings from Unified Development Code Cre3miiae Park Subdivision AZ-06-048/pP-O6.p50 PA(~B 12 CITY OF MERIDIAN PLANNING D$pARTMENT STAFF REPORT FOR TElE NEARING DATE OF NOVEMBER 21, 2006 A I7rawirtgs 1. Preliminary plat (dated: 7-31-06) 9 .' ~~oiii~~~f~'fli;i~~s°I i''tp oi~~ll~ ~, o... = . ~ { .......,~ ! i i i• ~ ~~ F.xlubit A -Page 1 • • CITY OF MERIDIAN PLANNING DEPAR7 NSENf STAFF REPORT FOR Tim HF.A~TQ ,PATE OF NOVEMBER 21, 2006 ~~ `~:ti ~`~;~;,~ ,~`,,t~, +~`. ,,, ~°°`C LIPLN ~._ ~.. ~xhibrit A-Page 2 2. Landscape Plays (dated 8-10-06) CITY OI; MER1t1tAN PLANMN(a DEpgR'~J~ STAFF REPORT FOR TH$ HEARING DATE OF NOVEMBER Z I, Zt)~ 3. Concept Plan (dated: 8-1 U-06) Exhibit A -Page ~ CITY OF MERIDIAN PI.ANNINp DBPARTMg~T STAFF REPORT FOR THE HEARINp DATE OF NOVEMBER Z I, 20Q6 B. Conditions of Approval 1. Planning Department 1.1 ANNE7CATIOly CO1VIl1~lENTs 1.1.1 Prior to the annexation ordinance approval, a Development Agreement {DA) shall be eat~red iirto between the City of Mcridian, propatZy owacr(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, BiU Nary, at 88&4433 to Inidate this process. 1.2 STfE SPIrCIFIC REQUIREMETiTS..._PREI,IMIl~TAIZY PLAT (PP-06-050) ~ Per UDC 11-3B-10, the applicant should work with the City Arbarist, Elroy Huff, an designing, adopting, and implementing a protec~on and mitigation plan for the existing trees on site, if applicable. • A writton certificate of complction should be prepared by the landscape arohiteat, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3H-14. Exhibit B -Page 1 CJ CnY OF MERIDIAN PLA1NNlldp DEPARTMENT STgFF REPORT FOR TH$ HEARINp DATE OF NOVEMBER 21, 2006 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 proposa3 by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.7 ~e-appliea~-~ia~1t cl~ar~r.~ develegme~ A detailed fencing plan shall be submitted upon application of the final plat. If Permanent fencing i$ not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. All fencing shall be designed according to UDC 11-3A-7. 1.2.9 Undergound~ preusurizal irrigation must be provided to all lots within this development. 1.2.10 ~aergeme~'~cc tin t~ City Council der n' g 1+ ~bli } ~ fig, 1.2.11 The nreliminarv gnd final nlata sh li dcar,i~ a shared drive~y aid cross access ensent for Lot 10 Block 1 such that it shazes a sing~~„ems to F , i Ras with_ he arty to hr east. 1.2 GENERAL REQUIItFMENTS-PRELIMINARY pfgT (PP-0b-050) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordimance and as noted in this report, shall be submitted for the subdivisia~n with the final plat application(s). 1.2.2 Sidowalks shall be instsllcd withua the subdivision and on the perimeter of the subdivisic~u pursuant to UDC 11-3A-17. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Stafi?'s failure to cite speciSc ordinance provisions or tcrma of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisioms set forth in UDC 11-6H-7. Z. Public Works Department Z.1 Sanitary sewer service to this development is being proposed via extension of mains located an the north and south of this project. The appliwuul shall install mains tv and through this development; applicant shall coordinate main size and routing with the Public Works Departme*~, and ex~ute standard forms of easements for any mains that are required to provide service, Minimum rover over sewer .mains is three feet, if cover from tap of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian I~I,ibic H -I=~~ 2 CITY OF MERIDIAN PLANNING DEPARTMMIrNT STAFF REPORT FOR TBE BEARING DATE OF NOVEMBER 21, 2006 Public Works laepartments Standard SpeciScatians. Z.2 The preliminary Plat depicts a sewer main being installed in the ~ b~~, Yer Gity of Meridian's standard form of ea~ment no trees shall be allowed within the required 20-feet of easement. The applicant shall coordinate with Planning to comply with this condition while still complying with all landscape ordinance. 2.3 Water service to this site is being proposed via extension of mains in W. Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 A water connection to the blow-off stubbed to this property frarn parcel #1212346667 shall, be r~uired. 2.5 The water main depicted from being installed from W. Franklin Road to the northern portion of this property shall be upsized to a minimum of 10-inch main. 2.6 A portion of this site is within a FEMA floodplain zone A. 'The applicant shall be responsible to determine the Base Flood Elevation, and if any lots are within the flood plain those buildings shall provide Base Flood Aevation Certification prior to buildia~ permits being issued. 2.7 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 inchules foatage, 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. 2.8 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water snrvicc~ anRl hydrants). 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed developmtanl, ff it is tv be maintaincsi 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 spec-construction meeting. 2.10 The City of Meridian requires that pressuri~.ed irrigation systems be supplied by a year-round source of water i t.rDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle--paint connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible far the payment of assessments for the common areas prier to signature on the final plat by the City Engineer_ 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to aig'pattu~e on the $nal plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the .necessary adjustments to s~ahieve this ceparaticm requireiuent and comply with aU landscape requirements. 2.13 Any existing domestic wells and/or septic systems within this project shall be removes from domestic service per City Ordinance Section 9-1-0 and 9-4-8. Wells may be used for non- domesticpurposes such as landscape irrigation. 2.14 The preliminary plat shows the Eight Mile Lateral as being left open. City code requires that ditches be tiled unless they are used as a water amceity or linear open space, or if the Council Exhibit B -Page 3 CITY OR MERIDIAN PLANNING DEPARTMENT STAFF REl'l?RT Ft)R TIC HEARIIVQ DATE OF NOVEM$ER 21, 2046 Inds the public purpose is not served by tiling this ditch. The council can also waive this r~uirement on large capacity facilities (48-inch has been the rule of thumb). If the large capacity argument is going to be used, the applicams engineer shall submit documentation supporting this assertion prior to the City Council hearing. 2.15 Par UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, crass or lie within the area being developed shall be tiled. Plans will weed 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 Departrnent prior to plan approval. If lateral users assoeiation approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 A drainages plan designed by a State of Idaho licensed erahitect or engineer is required and shall be submitted to the City Engineer (Ord, SS7,10-1-91) 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 priar to development plan approwal. The applicant is responsible far filing all necessary applications with the Idaho Department of Water l~oumes regarding Shallow Injection Wells. 2.17 A letter of er~lit ar cash surety is the amount of 110% will be required. for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., priar to signature on the final plat. 2.18 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, mieropaths, and landscaping may be bonded for 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 t3na1 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 co~liance with and NPDES Permitting that may be required by the Environmental Protection Agency. 222 Applicant shall be responsible for application and compliance with any Section 404 Pettnitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on ar neat 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 back6ll, 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. 2.26 One hundred watt, high pressuue sodium streetlights, on 25' pole shall be recluirai 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 Exhibie H -page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006 expense. Typical locations are at street intersections and/or fire hydrants, and no fiuther than 400' distance in betroveen locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The arced light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Aeeoptaace of the water supply for fire prot~ioa will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 32 Final Approval of the fire hydrant locatives shall be by th®Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or harking lot aisle. b. The Fire .hydrant shall not face a street which does not havo addresses ou it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on cornets when spacing permits. e, Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydt~auts shall be place 18" above finish grade, g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.3. 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 The phasing plan may require that any roadway greater than 150 fed in length that is not provided with an outld shall be required to have an approved turn around. 3.4 An approved 5re department turnaround shall be constructed at the northern terminus of the.~roposed cross access easement that gxtends north from the cul-d~-sac Thia turnaround sball be gar located near the southern boundaries of Lots 5 and 6 Bock 1. This turnaround shaA be fully accessible by emergency vehicles. 3.5 All entrance and internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements Gad shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval r~uired over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of ?5,000 GV W. 3.7 For all Fire Lanes, provide signage "No Parking Fire I.sne". 3.8 . Operational fire hydrants, temporary or pernaueat street signs and access roads with an all weather surface are required before combustible wnstruction is brought on aitC. 3.9 Commercial and office occupancies will require a fue-flow consistent with the Ynternational Fire Cade to service the proposed project. Fire hydrants shall be placed per Appendix D. ExW'bit B - P$ge 5 C1TY OF MERIDIAN PLANMATp DEpgR'1MgNT STAFF REPORT FpR Tl~ HEARIlVG DATE OF NOVEMBER 21, ?.0~ 3.10 The 4 offrceJcommereial lob lot will have an uttlmown transie~ popularion and wi]1 have am unknown impact on Meridian Fire Department call volumes. The Meridian Fire Deparquent has experienced 2612 reppo in the year 2004. According to a report completed by Firo & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and. 3800 by the year 2010. 3.11 All portions of tha buildings located on this projc~t must be within 150' of a paved surface as measured around the perimeter of the building. 3.12 Provide exterior egress lighting as required by the International Building ~ Fire Codes. 3.13 Where a portion of tha facility or building 1~realler cx~nstructcd or moved into or within the jurisdiction is more than 400 fcet (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 yr 903.3.1.2, the distance requirement shall be 600 fit (183 m). 3.14 There shall be a fire hydrant within 100° of all Fire Department crormectiorrs. 3.1 S Buildings over 30' in height are rnq to have access roads in accordance with Appendnc D Secdon D105. 3.16 This project will be required to provide a ZO' wide swing or rolling emergency access gate. The gate pped with a Knmc box Padlcek which has to be ordered thnr the Meridian Fire 3.17 Please contact the Fire Marshal at 888-1234 to work specific issues associatal with this project as soon as possible. 3.18 The Fire Department reserves the right to restrict fixture uses that involve flaa~le and. hazardous a .eri~ iA areas that are only served by one access. Timis' co ditiq~shall only apply to lots 4 ~$ 6 en i~7 Blc~~ as shown an the pr~i~ryp at 3.19 The Fire Department is cancern~ about adequate fire hydrant flow in this az~. The agplicaat shall ensure that all fire hydrant flow spocifications are achieved. 3.20 T,he aoolica must provide f~+e department approval of anY uses north o£ the creek (hots ~ 4 5 K ~, Block ~,~nrior is~rance of a Certificate of Zoning_pLann for anv use or structur,r in this ai~a. 4. Police Department 4,1 The Police Department is concerned about the single aces that is provided to the industrial lots at the rear of this pmoperty. S. Packs Depardnent Exhibit B -Page 6 C~ GTT°Y OF M$RIDtgN PLANNING DEPARTS STAI'F REPORT FOR TI>~ FIE~Q DATE OF NO'~EMBF.R 21, 2006 5.1 The Parks DepArtment lies no concerns with the site deign as submitted with the appli~~, d. Sanitary Service CampanY 61 SSC did not provide comments related to this application, 7. Ada Cot2uty Highway District Site Speck Conditwns of Approval 7.1 Construct the internial stream, Ir1W 13th Avenue, as a 41-foot street section with vertical curb, gutter. and 5-foot attached concrete sidewalk, within 54-feet ofright-of--way, located approximately 400-feet east of the west properiy line. ?.2 Construct astandard cul-de-sac turnaround at the terminus of NW 13th Avenue with a minimum turning radius of 45-feet, 7.3 Driveway access to NW 13th Avenue should be located a aainimum of 50-feet {measured near edge to near edge) from the intersection with Franklin Road, be paved the entire width, and at least 30-feet intro the site. Commercial Driveways should be no greater than 36-feet wide, acrd industrial driveways should be no heater than 40-feet wide. 7.4 Relocate the west®rly (closest m the intersection with Linder Rte) driveway to talco access iiom NW 13th Avenue; OR construct a aharedright-i~o/right-out driveway at the west property line with a 6-inch raised median installed in the middle of FranWin Road to restrict turning movements. 7.5 Relocate tho easterly driveway on Franklin Road to NW 13th Avenue, in compliance with District policy requirements; OR shi$ the driveway to align with 12th Avenue to the south thereby providing a sham access for the parcel to the east. 7.6 Provide an easement for the existing sidewalk oa Franklin Road, if one does sot already exist. 7.7 Other than the access point(s) specifically approved with this application, direct lot access to Franklin Road is prohibited. A note regarding this access restriction will be required oa the final plat. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 7. lb Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2b Private sewer or vaster systems are prohibited from beigg located within any ACfID readway or right-0f--way. 7.3b All utility relocation cysts associated with improving street frontages abutting the site shall be borne by the developer. Exhibit H -Page 7 l J G11Y OF MERIDIAN PLANi~TINQ pppgg STAFF REPORT FOR THE NEARINQ DATE OF NOVEMBER 21, 20~ 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Camstruetion Services at 38'7-6280 (with file number) for details. 7.Sb Comply with the llistrict's Tree Planter Width Interim Policy. ?:6b Utility street cuts in pavement less than five years old am not allowed ualese approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with File numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISFWC Staadards and Approved supplements, CotLStruction Services procedures and all applicable AC1ID Ounces unless specifically waived here. An engineer registered bu the State of Idaho shall, prepare and certify all improvement plans, 7.8b The applicant shall submit revised plans for staff approval, Prior to issuance of building permit (or other required permits), which ittcarporatcs auy rrtluirexl drsigu changes, 7.9b Construction, use sad property development shall be in conformance with all applicable requirements of the Ada Coturiy Highway District prior to District approval for occupancy. '7.1 Ob Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #200, also lmown as Ada County Highway District Raad Impact Fee Ordinance. 7.1 lb It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost w 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 ACHDright-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHI) conduits (spare or filled) are comprorrnised during any phase of construeion. 7.1Zb 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 representativve of the Ada County Highway District. The burden shall be upon the appli,oavt to obtain written confirmation of any change from the Ada County Highway District. 7.13b Arty change by the applicant in the plannod 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 restrletions in farce at the time the applicant or its successors in interact advises the Highway District of its irrtent to change the plarwed use of the subject property uakess a waiver/variance of said requirements or atber legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central ]Dlstrlct IIealth Department Exhibit $ -Page S ~ i CTI'Y OF MERIDIAN PLANNING DEPARTMIihTf STAFF REPURT FUR TFIE HEARINCI pATE of NOVEMHER 21.2006 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department ofHealth & welfare, Division of ~~~~ qty; central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa and Meritdiao Irrigation bistricl 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected 9.3 All easements must be protected and airy encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If aay surface drainage leaves the site, the Nampa 8c Meridian Irrigation District must review drainage plates. 9.S The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B -Page 9 • CITY 4F A~TRIDIAN PLANNING DirPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 200b C. Legal Description IDAHO t.sa ~~nmz~ u SURVEY s""" "" r~ta-~, ia~ sseaz GROUP tea (zosl two-es7o FBrc t~el ~-5399 Ptvject No. 06-210 rosy 26, 2006 Creamline panic Snbdfvlslua Ann~atton Descrlptloa A paticel of land located In the West Yi of the SW1/4 of SOodou 12, 7'.3N., Ii.l W., B.M., Ada County, ldeho, snore psriioalariy described as follows: Commencing at the Southwest cornet of said Section 12, from which the y, comer common to Sec4ion 13 and tho said Section 12 bears 3auth 89°15'24 Bast, 2631.28 that; 71tgt1Ce Sowh 89°15.24" fleet, 353.08 feet to We BEAT. POINT OF BEG71VAnNG Thw-te North 00°43' 10" Basft, and ahw$ the Bast. lino of Hepp~s Acre Subdivision, as same is recorded in Hook 19 of Plats at Page 1296, rids of Ada Cotmty~ Idaho, a dietagce of 1476.50 feet m the Nortltt~st coma: of said Snbdivitdon lying ~ the South right-oFway oP the Union Pacific Railroad; Tbe~e along saidright-of-way South 88°30.3ti" East, 968.15 fay; Thentee dopsrtiog said right-of--way South 00°32'36° West,1463.89 feet to @re West 1/16 corner common to said 3adions 12 and l3; Thence North 89°15'24" West, 972.56 feat ro the Point ofHegitming. Commining 32.75 acres, tote or 1~. Br KgyiEW A4+Pfa0~~~ Q4~' MicAu+~AN ~G; ~ Yl'~t4K5 r• D. Terry Pang},, Pi S Profesalona! Land Surveyors Exhibit C -page 1 • , CJTY OF MFsRID1AN PLAATNlIVd DEPARTivIEIV'~' ~,e~ KEppRT FOR THE HEARING DATE QF NOVEMBER 2l, Z006 .s4~t ~ ~ I ~ i ~ I ~ ~ I ~ ~ ~ I ~ , yy 4 ~I i`1 ~ ~i ~~ I ~ I ~~ j ~ , L__---~_____________~__~__~.. __ _ +, a ~~ ~ ~i ~~ ~; O O ~~ ~' N ~ ~~8 ~ ~ ~ g Z ~ W ~~ ~ wd N ~ !.7 ~ ~ d tb N N ~ Exhibit C - Page 2 CI'T'Y OF MIrRIDIAN PLANNIIJ(} DEPARTMENT' ~p~ ~ppTtT FOR THB HEARING BATE OF NOVEMBER Z 1, 20D6 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation front the Commission, the Coundl shall make a faU investigation and shalt, at the public hearing, review t&e applicablon. In order to grant an annexation and/or rezone, the ConnciU shaII make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the ~j~t prpp~y to C-Gi and Y-L. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive plan Policies and Goals, Section 8, of the StaffReport. Z. The map amendment complies with the regulations outIIncd for the proposed district, speeiBeaAy the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statemem of the C-G and I-L zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, Safety, and welfare; Council Ends that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, ifthe applicant enters into a Development Agreement with the City and complies with the conditions listed in Exhibit B of the StaffReport. Staff recommends that the Commission and Council rely on any oral. or written testimony that may be provided whoa 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, Cwncil finds that the prupused zoning amendment wiU not result in any adverse impact upon the delivery of services by any political subdiviaian providing services to this site. ~. The sun~auatiou 1S to the best of laterest of the Clty (UDC 11-S1~3.E). The C-G and I-L xonigg amendment will provide lots that are similar in nature to existing subdiviSious is the near vicinity, and transitions well to the fugue development in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure ofpublic funds. The applicant is pt~oposing to develop the lead in general compliance with the City's Comprehensive Plan. This is a logical expansion of the (`.ity limits. In accordance with the Endings listed above, Council finds that Annexation and. Zoning of this property to C-G and I-L would be in the best interest of the City. 2. Preliminary Plat Findings: fn consideratlan of a preliminary plat, combined preliminary and final plat, or short plat, the dec3Slon-making body shall make the following findhigs: 1. The plat is in conformance with the ComprehenSivc Plan; • C~ OF MFRIgIAN PLANNING pgpgR~~ STAFF REPORT' FOR T13E HEA1tINC~ PATE OF NOVEIV~ER 21, 20p6 Council finds that tl~ proposed application is in substantial compliance with the adopted Comprehensive Plan, Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Stafif Report. Z• l~blic services are available or can be made available and are adequate to accommodate tl~e proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service pmviders.) 3. The plat is in conformance with scheduled public improvements in accord with the Clay's capital improvemeut program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will xtot require the expenditure of capital improvement funds. 4. There is public flnanclal capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public seivlee providers (i.®., police, Sre, ACfIp, eta.) to determine this finding. (See finding Items 3 and 4 above under ,4nnexation Fiadiags, and the Conditions of Approval in Exhibit B for more detail,) 5. The development wiII set be detrimental to the public health, safety or general welfare; sad Council is not aware of any health, safety ar environmental problems associated vcnith the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues is their analysis. Staff reoomrACnds 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 tuaawazse. 6. The development preserves signi5caut aatnral, scenic or historic features. Council finds that the proposed development will not result in the destruction, loss ar damage of any natural, scenio or b~istorie 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. • February 2, 2007 RZ 06-010 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 APPLICANT Ron Van Auker ITEM NO. 5-.I REQUEST Development Agreement -Request for a Rezone of 2.20 acres from t-L to a C-G zone for Lanark Props~r{y -northwest comer of Eagle Road and Lanark Streets 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 Devebpment Agreement ~~~~ Date: a' ~ ~ 7 Phone: ~ 7 ~ ~ -a, ~~ /Q~ au_6C.er, cv Staff Initials: Mat®r(ols presented at public meeflnga shall become property of the CHy of Merldlan. • • February 2, 2007 AZ 06-034 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT David N. Price ITEM NO. 5-K REQUEST Development Agreement -- Request for Annexation and Zoning of 2.95 acres from R4 to L-O zones for Ashtyn Park Annexation -- 201 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development 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. ADA COUNTTI' REI~RDEA~1 YID NAYARRO AlNOUNT .00 34 80iSE IDAHO 0?116107CI DEPUrr ~a Haney Ili llllll~llllllllllllllll~lllllll III RECORDED-REQUEST OF Meertdian City i e?e2,24~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. David N, Price, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 3rd day of t1 ~ 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", David N. Price, whose address is 2291 W. Greenview Court, Eagle, Idaho 83616, hereinafter called OWNERIDEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6~ 11A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.S .WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & 2ioning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDMSION par,F ~ n~ y ~ 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 26'~ day of September, 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 fmal action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeems it to be intheir best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVEJ,OPMBNT AGREEMENT (AZ 06-03a) ASHTYN PARK SUBDIVISION DAl1'R 7 f1L' 11 • 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 David N. Price, whose address is 2291 N. Greenview Court, Eagle, Idaho 83616, the party developing said Property and shall include any subsequent developer(s) or 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 L-O (Limited Office 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 Unified Development Code codified as Meridian City Code Section 11-2B-1. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-06, labeled Sheet L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use DEVELOPMENT AGREEMENT {AZ 06-034) ASHTYN PARK SUBDIVISION PAt'~F Z (1F 11 consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. 3. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 4. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 5. 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. G. That the following shall be the only allowed uses on this property: principally permitted uses within the L-O zone. 7. That the hours of operation shall be limited to 6 a.m. to 10 p.m. $. That up to six office-type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to a single-story. Each building shall provide: variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows an the building entrance, columns, at least 25% of the front and street-facing fagade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appeazance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. DEVELOPMENT AGREEMENT (AZ 06-034} ASHTYN PARK SUBDIVISION n~~r A nn,~ • 9. That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of--way; that said landscape buffers shall be installed prior to occupancy of the first office building on this site. 10. That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the first office building an this site. 11. That vehicular access to this site shall be restricted to one driveway to Meridian Road, as approved by AC>•-ID and the City as referred to in the Staff Report and the Concept Site Plan; no vehicular access to Ustick Road is approved, except for the driveway across the church property to the west, no direct vehiculaz access to Ustick Raad is approved to/from this site 12. That prior to issuance of a Certificate of Zoning Compliance {CZC) permit for any future use, the applicant agrees to provide staff with a recorded copy of across-access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road. 13. That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Ustick and Meridian Road. 14, That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of--way. 15. That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. 16. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION ner_~4nry~ • default of the Owner/Developer or OwnerlDeveloper'sheirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developercnnsents 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 Owner/Developerand ifthe Owner/Developerfails to cure such failure within six {6) months of such notice. 8. 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. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer ofany one or 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. 1 Q. REQUIREMENT 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 DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION nnr-FCn~~i ~ i third reading of the Meridian Zoning Ordinance in conneetionwiththe re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adapt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor ar successors in title ar 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. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30} days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30} day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as 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 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 ar 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 Cade, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner(Developeragreethat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and OwnerJDevelaper has entered into an addendum agreement stating when the DEVELOPMENT AGREEMENT (AZ 06-034) A3HTYN PARK SUBDYVI5ION ner~~n~~~ 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 Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/a 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: David N. Price 2291 N. Greenview Court Eagle, Idaho 83616 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. DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDMSION PAGE 8 OF 11 • 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that tune 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 OwnerlDeveloper ofthe Properiy,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 subj ect 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 ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhove fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerond City relative to the subject matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/l7eveloper 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. DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUEDIVISION PAGE 9 OF 11 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 Glerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER~DEVELOPER DAVID N. PRICE CITY OF MERIDIAN ~~ BY: .. ~~-clidawt ~~ /,3eir~ Attest: ~ ``~~~~`~~~ ~ ' 6 y G'~~, Grc..~zc~.e Zr~ _p '~ ,~` ~ ~~y~, fi'g' ':- o ' L = WILLIAM G. BERG, JR., ~.I ~.,E ,~ Q!- ,~'. . DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION PAGE 10 OF 11 STATE OF IDAHO, } : ss County of Ada, ) On this 2~'~day of , 2007, before me, the undersigned, a Notary Public in and for said State, p orally app azed David N Price, known or identified to me to be the above person, and acknowledged to me that he executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,, ~~ q; STATE OF IDAHO ) ss County of Ada } -- Notary Publi or Idaho Residing at: BSc, ~ My Commission Expires: ~ - --Tv On this ~ ~' day of ~.IQ. 2007, before me, a Notary Public, person ~~ a ~~C~,,,,~~,ed T it iam erg, r., ow or identi e to me to be the~'A~~?~~' arld 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. ••`~~Mff~f. • M G~•• `~~~ VY (SEAk' ~ ~ ~~ ~ Notary Public for Idaho Residing at: ~Q 1 ~ tl~ll ~ I la ~. ;' ; Commission expires: {~ ~ I 1 / DEVELOPI'~ay11~N1" (AZ 06-034) ASHTYN PARK SUBDMSION ~~ PAGE 11 OF 11 • , Ezhibit A -Legal Description e`9. ~ ~ ~I?~!1s1~tG'~/drj j eYJ't~ 5505 tiV. Fiankl[n Flood °~ 8o1s»~ Idaho 837DSr-T ~5~,, I.~nd De,scriptign tar .Annexation to the City of Merjdian 10 November 2004 A pc-rtfon of Lots 3 and ~ of 8loctc 9 ref Strasser Farms Stltidlvision No. 2, as shown an the official plat thereof on tfie.in~the office of~the~ Arta County, Idaho, Recorder, and adjoining putil[c rfg7rt-of-way, being ~ situefed in tt_5. Lot 'f of $ectian ~1, 'Township 3 fdorth, Range 1 West, Boise ttAeridian, Ada County, Idaho; and being more particuiarty descrlBed as follows: . 13egfnning at the northeast comer of~said S~~tion 1, whlGt it the~Real~Pofnt of Begrlnnlag: Whence X00°iT24`W, 426,49 feet along ttre~ easterly boundary•of said Section 1 Co the sauther)y boundary extended of said L'at 3; Thence N139°~9'19'W, 45.00 feet along the southerly boundary extended of laic! Lot 3 to the southeast •eamer of said Lot 3; Thence cdntinufrkg IV89°1S`18"11V. 256.84 feet aloflg the 'southerly Boundary of said •Lot 3 to•the extenst4n~ of~the +nresterly boundary of said Lot 4; . Thence NC10°iT24"E, 200.27 feet along tile: extension of the ~~~ westerly, boundary ts#'said LoC4 to the souttiw+esi canner of sell L'ot 4; Thence continuing N00°17'"24"~, 1•Q3.24 feet along the westerly boundary o~ said Lot 4 to iha northwest, comer of said•Lot•4; Thence contnuing N00°'f7'24°E. 33.00 feet along tits axtc~nsion •oF the westerly boundary of said L.ot 4 to the northerly boundary ~af saJd Sectfan 1.; ~ • 'fhenas_589°i9`43°E, 300.84:feet~atong the noritrerly baundery•.of said~Secfion 1 ~tothel4ealPolntcyfBeglnnirig. Comprising 2.945 acres, more or less, ar ~"~' ~usuc >N ~ :, Exhibit A -Page 1 ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER SEP ~ ~, Ci O eridian k Office ~ ~ ;. ~it.rt~t~ ?'' :~~~ _ ~ Xn the Matter of Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited OiDce Dish3ct), by David Price, for Asb~tyn Park. Case No(s). AZ-06-034 For the City Council Hearing Date of: September 12, 2006 (findings approved on September 26, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 2. Process Facts (see attached StaffReport for the hearing date of September 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff' Report for the hearing date of September 12, 2006 incorporated by reference) 13. Conclusions of Law 1. The City of Meridian shall exercise the powers aonferr«i upon it by the "Local Land Use Planning Act of 175," codified at Chapter 65, Title 67, Idaho Code (I.C. §G7-6503). 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 bias, by ordinance, established the Impact Area and the Amended. Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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 FIIYDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ob-034- PAGE l of 3 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 sha!! 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 Depaziment and any affected party requesting notice. ?. That this approval is subject to the Legs! Description and the Development Agreement Provisions listed in Exhibit D of the attached Staff Report for the hearing date of September ! 2, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. 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: The applicants request for Annexation is approved subj,act to the provisions listed in the attached Staff Report for the hearing date of September 12, 2006 incorporated by refesrence. A. Attached: Staff Report for the hearing date of September 12, 2006 CITY OF MERIDIAN FIIJDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-034- I'AQE 2 of 3 By action ofthe City Council at its regular meeting held on the ~~ ~y of 2aos. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCII. MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD voTED,,~~!~- VOTED`_~~~.- VOTED_~~~~y,- VOTED_ ~~~ VOTED ATTEST; ©. Copy served upon: By: o $~~, JR. CLI3~tK ~, 4 r~sY• ,~ PApplicant ~~~i~,~'1`i~ `~~,'l` laming Dep~elertiw Public Works Department City Attorney City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-Ofr03¢ PAGE 3 of 3 Cfl`Y OF MERIDIAN P1~ING DEPARTMHNI' STAFF REPORT FOR THB DATE OF SEER 12.26 STAFF REPORT Hearing Date: 9/12/Q6 TO: Mayor & Gity Council ~~~~r~n ?~ ~~~:. FROM: C. Caleb Hood, Current Plawuag Manager iu.w~q ~~ Meridian Planning Department '~;,. ,~` 208-$$45533 ,~ `' ''`~ r SUBJECT: Ashtyn Park Annexation AZ-06-034 Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office District), by David Price. 1. SIJ~MMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Price, has resluested Annexation and Zoning (AZ) approval of 2.95 acres (2.3 acres exclusive of right-vf--way) from R4 (Ada County) to L-O (Limited Office District). The subject property is located on the southwest comer of Ustick Road and Meridian Road. Currently, the site is zoned R4 in Ada County and contains two homes and an outbuilding. The applicant intends to remove the existing structures, one of which is currently in the right-of--way for Ustick Road, and construct an office development. The subject property is within the Urban Service Planning Area. The applicant is not proposing any land use, development or subdivision at this time. Instead, the applicant has submitted a concept plan for how the subject property may develop, and pictures of what the future buildings will generally look like. The applicant is not proposing residential or public quasi public zon~/uses for this site, as en`nsioned with The Future Land Use Map. However, the City rec~tly approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 ages in size or leas in size. In this instance, no ancillary commercial uses stall be permitted." Approval of the subject AZ application would allow the applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted in the proposed L-O zone (UDC Table 11-28-2). The applicant has submitted a conceptual site plan of how this site maybe developed with office buildings. On the submitted conceptual plan, the applicant has depicted one access to Meridian Road. The driveway is located near the south properly line, approximately 400- feet south of Ustick Road. ACHD has approves this driveway location. 2. SUMMARY RECOMIVffivDATION The subject Atmexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning 1k Zoning Commission nub recommendation to the Council on Annexatton and Zoning applications. Any comments related to the Annexation application (AZ-06-034) will be included in the Commission's recommendation to the Council. Staff is recomuno~e~ading ~gpro__val of the A¢ ~ park exation (AZ-06-034) with a DevelournPnt A t for this o' The Meridian planning and Zo Commission heard the item on A t 3 20Db At tii~,Rublic heari~.Q...~y moved to :,~,,, mmend an»roval Qn Se>atember 12. ZQ06 the 1Vleridlan City oundl au>Droved this aut-lication a. Sammary of Commulssioa Pablic Hearing: i. In favor: Van Elg ii. In opposition: None iii. Commenting: Lester Vogle (irrigation water concern) iv. Staff presenting application: Caleb Hood Ashtyn Park Amexatian - AZ-~-o34 PAG}h I CITY OF MBRiDiAN Pt~lfh~(I DEPARTMENT STAFF REPQRT FOR THE HE~®DATE OF SEPT~ER i2, 2006 v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Uses allowed on this site with the proposed zoning. G Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Lssue(s) far City Council: i. None. 3. PROPOSEb MOTION (to be considered after the public hearlag) Approval After cx~nsidering all staff, applicant and public testin~ny, I move to approve File Number AZ- 06-034 as ptescnted in the staff report for the hearing date of September 12, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial Amer considering all staff, applicant and public testimony, I move to deny pile Number AZ-06- 034 as presented during the public hearing on September 12, 2006, for the follawmg reasons: (you should state specific reasons for denial of the annexation request.) Condunance After considering all staff, applicant and public testimony, I move to continue File Numbcr AZ- 06-034 to the hearing date of (insert continued date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/I,ocation: 201 W. Ustick Road, on the sotrthwest corner of Ustick Road and Meridian Road, within Section 1, Township 3 North, Range 1 West. b. Property Owner of Reca-rd: David N. Price 2291 N. Greenview Court Eagle, ID $3616 c. Applicant: David N. Price 2291 N. Gretmview Court Eagle, IQ 83616 d. Representative: Van E1g~Phi1 Hull, The Load Group, Inc. e. Present Zoning. R4/Ads County f. Present Comprehensive Plan Designation: Medium Density Residential and PublicJQuasi- Public g. Description of Applicant's Request: The applicant i$ requesting annexation approval, of 2.95 acres firom R4 to L-O. h. Applicant's Statem~t/Justification {see Applicant's application and letter): Ucing surrotmded Ashtyn Park Annexation - AZ-06-034 PAGE 2 CTI'Y OF ME[tIDIAN PI.~NC) DEPARTMENT STAFF REPORT FOR THE DATE OF SEPTEMBER 12, 2~6 and influenced by the City of Meridian, it has been a Zoning Enclave for some time. This request will bring this parcel of property into the City Limits, assign an appropriate and compatible zoning designation, and provide a clean and concise plan and elevation for the development of the site (the element that Council consider to be lacking in the previous application material)(please see Applicant's submittal letter for more information). S. PRQCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. Hy 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: July 17, 2006, and July 31, 2006 (Planning do Zoning Commission hearing}, and August 21, 2006 and September 4, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: July 7, 2006 (for Planning & Zoning Commission hearingJ, and August 18, 2006 (for City Council hearing) d. Applicant posted notice on site by: July 24, 2006 (for Planning 8t Zoning Commission hearing) 8~ September 2, 2006 (for City Council hearing) ~. i,Alvn uSi~ a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties directly to the north (park) and west (church) are designated PnbliclQuasi-Public on the Comprehensive Plan Future Land Use Map. The properties to the east and south are both designated Medium Density Residential on the Future Land Use Map. The northeast corner of U'stick and Meridian is designated Office on the Future Land Use Map and were approved as a use exception to the priunarily residential Sundance development. c. Adjacent Land Use axed 7o~ning: North: Settlers Park, zoned L-O South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada County). East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County} West: Presbyterian Church, zoned R4 (Ada County) d. History of Previous Actions: Tn 2003, after the current Comprehensive Plan was adopted, a record of survey for a properly boundary adjustment was done on Lots 3 and 4 of Strasser Farms Subdivision. L,ot 4, which was l .l acres, became 2.3 acres (not iaacluding right- of-way) after the record of survey was done and the remaindez of Lot 3 beranne 5.5 acres. Prior to tk~e record of survey, all of Lot 3 was designated Public/Quasi-Public on the Camprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot 4 was designated Medium Density Residential, as there was, and still is an existing dwelling on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the subject site (1.1 apr~, exclusive of right-of-way) is designated Medium Density Residential on the Comprehensive Future Land Use Map, while the southern. half (1.2 acres, exclusive of right-of--way) is designated Public/Quasi Public. In late 2004, applications were filed with the City for annexation and zoning of this property to C~ (AZ-04-032), and to modify the Comprehensive Plan Future Land Use Map designation of this site to commercial (CPA-04004). A#tet an unfavorable recommendation from the Ashtyn Pads Amexatiaa - A,'~-06-034 PAGE 3 CITY OF MERIDIATV PI~TING DEPARTMENT STAPF REPORT FOR TIC HF~G DATE OF SEPTEMBER 12, 2~6 Planning ciic Zoning Commission, the applications for the comprehensive plan map amendment acrd annexation were withdrawn for the Maverick Country Store. In 2005, an annexation application was fled with the City for annexation and zoning of this property to L-O (AZ-OS-020). The City Council voted to deny AZ-05-020 on June 2$, 2005 and con5rmed their original. decision on August 9, 2006, because approving the annexation was not in the best itrterest of the City. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. The sewer line that crosses this property is a private facility and would not be eligible to be connected to. Location of water: There is currently a water main in Meridian Road Issues or concerns: The applicant will need to extend City sewer mains through this site, the existing line is private and. is not eligi`bi®m be connected to. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There are some irrigation ditches that lie on or adjacent to this site. S. Hazards: Vehicular access to this site i$ tricky, This site does rat have a lot of frontage on Ustick Road or Meridian Road ACIID has reviewed this project, considering road safety, and has rexommended approval. Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L-0 7. Size of Property: 2.95 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the submitted Concept Pap shows an east west driveway located near the south boundary. Staff is supportive of the general iocation of this driveway, provided cross-access is provided to the church to the west to use this access point to Meridian Road. g• ~P~g~ 1. Width of street buffers}: Per City Code (iJDC Table 112B-3), a 25-foot wide landscape street buffer is required adjacent to Meridian Road and Ustick Road, both arterial roadways. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 20- foot wide landscape buffer is required between L-0 zoned properties and residential useslzones. There are residentiai uses to the south, and a residential zone to the wit of this site. 7. COMMENTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present inciude: Meridian Fire Department, Meridian Parks Depattnnent, Meridian Public Works Department, and the Sanitary Services Company. All of the A9htyn Park Annexation - q7.-06-034 PAGE 4 CI!'Y OF MERIDIAN PL~INCi DEPARTMENT STAFF REPORT FOR THE PATE OF SEPTEMBER 12, 2006 received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREgENSIiVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential" far the northern half, and "Pubkc/Quasi-Public" for the southern half. The purpose of a medium density residential designation is to allow smaller lots for residential piuposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public~quasi-public type uses. In 2004, the City approved Resolution Na. 04-454, which am~d~ Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request offices uses if the property has frontage on an arterial stxest or a section line road and is 3 acres in sine or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on two arterial streets (Meridian Road and Ustick Road) and is less than 3 acres in size (2.9 acres total). Because a majority of the property is designated for residential use, but the property is only 3-acres in size and is located on an arterial/arterial intersection, staffbelieves that a residential use of the property may not be the best use of the land. Staff believes that an office zoneluae on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454,Zf the Commission and Council find the zoning is appropriate for this site. Please seethe following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office uses. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Flan to be applicable to this application (sta~'analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets" (Chapter VII, Goal N, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing a single access to Meridian Road, approximately 40Q feet south of UstickRoad. ACID has approved one access to the site as proposed.. • "Require appropriate lands~pe and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road and UstickRoad are designated arterial streets. By City Ordinance, a 25 foot wide landscape bt~fer is required a~j'acent to Meridian Road and Ustick Road. Landscape bu,,~`ers along Meridian Road and Usalck,Road will be required by the City with fitture CZC/Subdivision approval. • "Rewire all commercial busine~es to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Ashtyn Perk Annezabion - AZr06-034 PAGE 5 CTPY OF M$RIDIAIJ P~tIlVO DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF SEPT~ER 12, 2t~6 The applicant is not spee~eally proposing to install arty landscaping with the subject annexation application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaptn~ • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and developm~t is contiguous to the City." (Chapter N, Goal f, Obj. A, #6~ This parcel is contiguous to dhe city via Settlers Park to the north. Sanitary sewer and water are availabde to this parcel. + "Plan for a variety of commercial and retail opportunities within the impact Area." (Chapter VII, Goa11, Objective B) S'ta,,~''believes that the proposed zort~ which allows af, jgce uses, does contribute to the variety of uses in this area which include: a church, single family homes, a city parr and future office uses. St~}$',flnds that the proposed zoning to L-O should be harnwnious with and in accordance with the Comprehensive Plan, as amended by Resodu#on No. 04-434. Std`' recommends that the Commission and Council rely on sta~"s analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for o, fjice uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the penoouitted, accessory, and conditional uses in the L-O zoning district. Personal and Professional Services are listed as principally permitted uses in the L-0 zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Flan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ AppGration: Approval of the subject annexation application would allow the applicant to obtain an office none. According to cutrem City Code, professional offices and clinics are principally pecaaitted in the pmgosed L-O none. The applicant has submitted a conceptual site plan showing how this site may redevelop with office buildings, parking and landscaping. Based. on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Qrdinance for I.-O zoning, staff believes that the zoning of this site to L-O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings, The annexation legal description submitted with the application (stamped on November 11, 2004 by Joseph D. Canning, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Ashtya Park Annexation - AZ-06-034 PAGE 6 CITY OF iAN P~G pEPARTMENT STAFF REPORT FOR THE HE~TG DATE OF sEPTE!-O;ER 12, 2006 C nc t Plan: Staff is generally supportive of the submitted conceptual site plan for this property, However, some of the dimensions shown on the plan do not appear to comply with the UDC. All parking areas, drive aisles, landscaping, sidewallcs, lighting, aignage, building height and building setbacks for this development should commply with the applicable provisions set Earth in the Unified Development Code. Building Elevations/Construction Materials/Auil `B>~lk The applicant is conceptually proposing to constzuct up to six office buildings on this site. Because this site is directly adjacent to residential uses, staff recommends that the future buildings for this site have a maximum size of 5,000 square feet each, and are single-story. Consistent with the pictures submitted by the applicant with this application (see Exhibit C}, staff recommends that each fume building provide; variations in roof lines with as least a portion of the roof having a 6/12 slope, awnings over of the windows and the front door, columns, at least 25 ~ of the front and street-facing facade to have windows, and at least two different types of siding material. All new structure(s) (or remodel of existing structures}) should be generally compatible in appearance and bulk with the pictures provided with the application and as mentioned above, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. Aces: Vehicular access to this property is a challenge. This property bas approximately 255 feet of frontage on Ustick Road and 400 feet of frontage on Meridian Road. ACRD policy requires right-in/right-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has enough frontage to meet the District's policy, there is an existing roadway, Eastbrook Court, that creates potential turning conflicts if a driveway were to be located 220 feet south of Ustick Road. Therefore, the applicant is proposing a driveway that is approxirxlateiy 350 feet south of Ustick Road. When the Ustick/Merldian intersection is signalized, ar if safety of this driveway should become au issue, the ACI:ID may restrict the access to right in/right-nut o:aly. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to the church to the west. The idea with providing crass access to the church is that when the church expands and/or redevelops, cross access will, be reciprocated to the proposed office development. If crass access is provided then patrons of the church can access Meridian Road without going through the Ustick/Meridianlntersection, and the patrons and employees within the proposed office development can have access to Ustick Road through the church site, NOTE: Staff believes that the parking lot layout proposed on the concept plan will discourages cut-through traffic. Office Uses: Professional and sale offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested I,-O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L-0 zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate an the site to principally permitted uses in the L-O zone (no CUP uses). This recommendation is intended to protect the neighbors from more iirtense commercial uses (restaurants, Laundromats, animal lmspitals, etc.) that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04464 (light office, low-impact businesses) are upheld. See Annexation tit Zoning Facts and Comments #3 below. NOTE: Sta$ has consistently recommended that all properties requesting L-O zoning through Resolution No. 0454 he restricted as noted above. Ashtyn Park Annexadoa - AZ-05-034 PAGE 7 CrrY OF MERIDIAN P~TPVG D~AATMENI' STAFF REPORT FOR THE ~a DATE OF SEPTEMBER 12, 200b According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, struettu a or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall, be required before the issuance of a building permit. Prior to construction of any building on this site, a certificate of zoning compliance permit should be obtained. Upon annexation and zoning of the property to L' -O, the existing residences will become legal non-epnforming uses, The applicant, Commission and Council should be aware that na alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L-O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning compliance permit should be obtained. O eration: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Consistent with previous Commmission action, staff is recommending that the hours of operation for businesses on this site be limited. through a Development Agreement from 6 am to 10 pm. Landscanin~ Meridian Road and Ustick Road aze classified arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (UDC Table 11 2B-3). Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CZCJP1at approval. If the subject annexation and zoning application is approved, L-O property will be adjacent to Waal residential properties zoned RUT in Ada County and a church, zoned R4. To buffer the existing land uses to the south and west from future commercial office uses on this site, 20-foot wide landscape buffers along the perimeter of the site should be installed when a GZC/Plat is approved (UDC Table 11-2$-3). Parkina_: For professional offices, parking stalls are cinTe~ntly required at the rate of one space per SQO s.f. of groom floor azea (LJDC 11-3C-6B). Samar' y Sewer: There is an existutg S-inch private sewer service that bisects this property, it is not acity-owned facility and would not be eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available is Meridian Road and water is available is both Meridian Road and Ustick Road. UDC 1, I-SB-3D2 provides the PBtZ Commission and City Council the authority to require a property owner to eater into a Development Agreement with the City of Meridian that may require some written committ~nt for all future uses. ~ to the pmim~ed use. staff believes tb,~ a Development Aarc~ment is necessary to ensure that this ~erri- is developed is a fashion that is 'th the comprehensive plan anti does not negatively impact nearbYuroperties If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of as annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citx,A~rney Bill Nary at 88.4433 within 6 months of Council a4tYro~-al ~o initiate this process.,The DA shall incorporate the provisions listed in Exhibit B of the AshtyQ Perk Aaneacation - A7.o6-034 PAGE 8 C1TY OF MBRiDIAN PL~NQ DEPART4uiENT STAFF RFPOftT FOR TFYS DA'!E OF 5E1rrEMBF]t 12, 2006 Staff Report. b. Staff Recommendation: Staff recommends ~roval of the subj~ ap~,lic~tion .AZ-06- ~34, with a Developm ent provi is'ons liste d in the in E arhibxt B of the Staff Reg~rt for the arinP d~a t~of Auells~ 2006. Un A t 3.2006 the Meridian Planning & Zo Co ion vote ~ d to r~mmend a~roval of the subject a~,~hr~ ataon. On gptemb~r rYdian C 1~~QQb th, e M ity Counc,~i voted to soprove t he~nbiect app lfca~n. 11. EX$IBITS A. Legal Description B. Required Findings from Unified Development Code C. Concept Plan and Elevations D. Development Agreement Provisions and Agency and Aepsrtnnent Comments Ashtyn Park Mnezation - AZ-06-034 PAGE 9 CT1Y OF MERIDIAN Pi,ANN~ DEPARTMENT STAFF REPORT FOR THE 1~N0 DATE OF FEBRUARY 2, 2006 lExWbit A -- Legltl bescripdon ~. ~ ~ ~!~"~4~P~ 5505 6Y. F'renkl~ Road ~ BOlse, Idaho 83705-i 055, Land Description for Annexation to the City of Meridian 10 lYoveml~r 2004 A pottlan of Lots 3 and 4 al: Block 9 of Strasser Farms Suhdlvfsinn No. 2. as shaam oh the of(fcial plat therwot on ~o in We offloe of the Ada Courtly, Idaho, Recorder, and ad~f&-fng pnb13C dgM-of way, being s6tua~ fn U.S. fat 1 of Simon 1, Toa+mship 3 North, Ram®1 West. Bodes Ntarldf~, Aida Coung-, Ndt~ho. ~entd berg mare pan~tcuiarty de~ritxnd ass follows: ~Innk-g at ifie norlbeaet comer art .said Sp13ion 1, which is the Rea! Point of i3egl~t~irlttg: Th Sao°17'24°VY. 4213.49 taet atone the - toundary of sail! Section t to 4he sour boundary extsr«ied of said Lot 3; . Them N89°i9'19'W, 45.E feet along the ~tiherly boundary e~dended of said Got 3 to the southeast s~rr-er ~ pfd Lot 3; Thence t~ntinufns NBId•49'49"W, 7.135.84 t~ along the svuth®t4Y boundary of said Lot S to ilia exie~lan of the gres~riy boundary of seld lot 4; ..._~ . - Thera Nao~~rz4•~, zao.zi t~ afotig the Eton of tits w~erly boundary of said LoE 4 m the southw®st comer od said L'ot 4; Ttten~ GO(15R~Lfti1~ Na0°t'~"?14"E, 1'3.24 feet along the YY88I9rII/ bDUrpiary of said Lot 4 to the northwest comer of said Lot 4: Thence continuing Naa°1T24°E, 33.0(1 feet e~ ~ exterr~skon of f~ westerly boundary of ss~ld Lot 4 t[r the nartherty boundary of said 1; 1'herrbe. 588°i8'43"E, 3x0.84 Beet eke th6 nordterly batir~dsry o1 BEd SeaBan 4 to tha has! f~fnt Of ~gineing. G~nP~9 2.9A5 acres, motr~ or leas. ~` i9 Exhibit A -Page l CT1Y OF MEttiD1.AN PLA~I'G DEPARTMENT STAFF REPORT FOR Tf~G DATE OF FEBRUARY 2, 20Qb ~' i _ _ ,'I . 4 ~` J d $}~~ i o. e~ • :~ ... ,.e a c o ~g- e ~ ° ''~ ~ t 4 ~ ~ a ~ ~ ~ ~ ~ a ~ : ~ _ +~ • ~ ~ O V M ~ ~ C v.. ~ , ~ ,1' a ~ 4 ~ °~°, a p 0 ;' q W q a r ~ p~~ o ~' a O ~ t ~ e • ~ ~ ~ 4 ti - ~ ~ ~' S, ~ • m ar w~0 ~ ~ ti a ~ 4 ~ ~ A ti. ~ \ ~ C~ ~ y ~ e _ prey ~-rlpllbv vtlo~j w• a d°~ag° ~ OC o°4 p$~ `a ,,~~~, ~- ..,.,,~d b ~ ~~` ~ w' ~~ o ~ ~ e`'a ~~ ~~ 3.id ~11~ N . ~-ls~c r=rs.t~,ar 8 ~- --- M 0 i • d Exhibit A -Page 2 C1TX Ol' MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE G DA'I'S OF FEBRUARY 2, 2Q06 B. Required Findings from Unified Development Code 1. Anne~cation Findings: Upon recommendation from the Commission, the Council shall make a firs! investigation and shall, at the public hearing, review the application. iln order to grant an annexation and/or rezone, the Coandl shall make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L-p. Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan_ Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed dis4riet, specifically the purpose statement; Council finds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L-O zone. As mentioned in the Staff Report, however, there is no detailed development plan proposed at this time. There are several uses in the requested L-O zone that can occur with conditional use permit approval. Council is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site, Council finds that future development of this property should comply with the established regulations and purpose statement of the L-O zone. 3. The map amendment shall not be materially detrime~al to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staffreeommends that the Commission and Council rely on any oral or wzitten 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 8earvices within the City including, but not limited to, school district; and, Council finds that the proposed zoning amendment will, not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the beret of i~ermt of the City (UDC 11-58-3~). Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of pu~blie funds. )in accordance with the findings listed above, Council f nds that Amiexation and Zoni~gR of this procerty to L-O would be in the best interest of the Ci 'the applicant enters ~ o Developmem At~ment (DA) with the Citx, as mentioned in Section 10 of the Staff Reaat~, Exhibit 13 -Page 1 CITY OF MERIDIAN PLAl~(} DEPARTMi;NT STAFF REPORT FOR THE G DATE OF FEBRUARY 2, 2(~)b C. Concept plan and Elevations w ww~ ~~~ rows aoA,W rr~ f'f1iW ~~~ ra~ep s.p a/ sYM~ ra .~Y ~ fG6W "' r•f Pl~W~10~ f-f ffaw.d~ .....__.___.~-Ustick Road T ~ "._..--__ ,..~ .r... I ` .o rmn ~,,,y~,,, -~~ ~ O° a~~ .~ ~ r c~ --./.w ~cY~ yry ~ Iw ~~R ~At.1fY ~ti ~7~. _w. L1,0 Exhibit C - Pale 1 CITY OF MERmlAN PLANlt~ DEPARTMENT STAFF REPORT FOR THE G DATE dF FEBRUARY 2, 20D6 _ f ~ a r .,z r_~r ~ b ~ 3 .. 1 ~~r ~~; ~~ ~~p r ",G"'{r ~r _ , air, ; - '. y~ r' p~Ll .. .r. ~ ~ Y,_ ~ ' ip t. ~ *~~ ~ _ .~.' ~ ~ ' `r ti~ ~`y. ~~ ~ ~~n c ~ tip, i~ y. ~ ~ ~'I' ,~, I ~F~* ~ i ' ' ~ ; ; ~ ~ '~!~',' 4 ye 2 ~ , a ,i~ 1~„'. ~I ~< <~~.x ~~ ~~ y ~1 ~ ~ ~` ~.:~ r ~. ~ ~Ii . ~ & r „ ;re~> - r r ~, 't~.y ~ s ~ S ~ ` ~ ~ 1 ! ~ ~ ~ ,d s~` _ H w . ~ ~~~ ~ ejy ' A r ~ ~+ S` ~ Y , S ~ S ,4 t ~ {A ~ r.. ma _ V ~ A { y, h Exhibit C -Page 2 CITE' OF MERIDIAN PL pEPARTMEN'C STAFF REPORT FOR THE NG DATE OF FEBRUARY 2, 2006 ~~®~1 fit= ~ :,. ~ i:~-r ,- X11 z T ,' ~ ~ ;~~ y F j } -a ~, 1 iyt ~, ~ 1 t ~ s ~ ~ 1 ~ t . ~ (R' 11 -1y Y'3 ri ~:~ k a~ ~ f ~ ;'~ ±~ w '~+'I~~I' ~ r :~~+~~'' ~~ ,~. ~ .. ,~'a. - r' . ,- ~ Y ~,N h k'~. a ~ . ~ t r~ ~ ti if •~~` i , F ~~ ~~ ~2 ~2.~ ~ ~ Y a• , ~ ~ ~ Ufa} y N 4 _ ~~ ~ Flo n f Z. 5 - ~ - ~~ 1; y ~ ~ f . ~ ~i 'r la .. t t ~ ~ ~ .3 ~ ~ ~ ~ - + ' ~ f ~ ci k ! r) ~ } 7' ~ I'' ~ t ~*F Rr ,i~~` - t 1 I 2 ~, tt ~~~ ~r y3 ~2.V~ `~ , ~ ~ _ ~ 1 p ~~ ' 4 . ~,, . s ; e'~~ ~, ti' ~ ~^ ~ r . . , ~ Exhibit C -Page 3 CTPY OF MERIDIAN PLAI~© pEpgg~~ STAFF REPORT FOR THE G DATE OF F~HRUAILY 2, 2t1p6 D. Development Agreement Provl~ops and Agency and Department Comments Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. e a li t shall co e i ttorn B' N 888-44 3 to ' ' ' t thi ABB. The DA shall inco~~ the following: • That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-06, labeled Sheet L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the exrsting single- fatrrilystructures will be pernvitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure Changes to a use consistent with this Development Agreement and. 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall 8~y building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). That all parking areas, drive aisles, landsc~ing, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the UniRed Development Code. • 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 excursive production of traffic, noise, smoke, fumes, glare or odors. • That the following shall be the only allowed. uses on this property: principally Permitted uses within the L-O zone. • That the hours of operation shall, be limited to 6 a.m. to 10 p.m.. • That up to six office-type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to asingle-story. F.,ach building shall provide; variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows an the building entrance, columns, ax least 2S % of the front and street facing fac.~.ade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appearance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the first office building on this site. • That a 20-foot wide land use buffer, constructed in acxordaiuce with the UDC, will be installed along the south and west property line; that said lead use buffers shall be installed prior to occupancy of the first office building on this site. • That vehicular access to this site shall be t~tricted to one driveway to Meridian Road, as approved by ACID and the City; no vehicular access to Meridian Road is approved. • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the applicant agrees to provide staff with a recorded copy of across-access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road, • That the applicant shall be required to install any and all sewer mains, water mains and/or tre hydrants that are deemed necessary during construction plan review. This may include water Connections in both Ustick and Meridian Road. Exhibit D -Page 1 CITY OF MERIDIAN PLAl~Q DEpt~~~ fi STq~ ~pORT FOR 'THE G DATE OF FEBRUARY 2, 2~6 • Thy the applicant shall provide easements for all Iocat~. ~ the right~f--way, required sewer and water mains that are not • 'That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. • Applicant shall be required to pay Public Works developmett plan, review, and construction inspection fees, as determined during the plan review process. 1. PLANAtIIYG DEPARTMENT 1.1 The legal description submitted with the application (dated 11-10-04, stomped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has c~ that ~ ~~~~ legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 All future construction/uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. PtrlsLic WOtucs DEPARTMENT 2.l The applicant shall comply with all City of Meridian Public Works standards and procedures for all development on this property. 3. MEItIDTAN I~'t$E bEpARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fore Department and water quality by the Meridian Water Department far bacteria testing. 3.2 Final Approval of the foe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 lh" 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 Worsts specifications. d. Fire Hydrants shall be placed an corners when spacing permits. e. Fire hydrants shall not have any vertical obshuetions W 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 consttuction ox additions to existing buildings within 1,000 feet of the project. 3.3 The phasing plan may require that any roadway greater than 1 S0 fit in length that is not provided with an outlet shall be required to have an approved loan around. 3.4 All entrance and internal roads and alleys shall have a fuming radius of 28' inside and. 4$' outside radius. 3.5 For all Fire Laces, provide signage "No Parkir~,g Fire Lane". 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 Building setbacks sha11 be per the International Building Code for one and two story coustru~ction. Exhibit D-Page 2 CITY OF MERIDIANi PLAl~O p~pR7'MENT STAFF REPORT FOR THE ~(, DATE OF FEBRUARY 2, 2006 3.8 Commercial and office occupancies will require a i;ue-flow consistent with. the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The office development will have an ualrnown transient population and will have an unlaiown impact on Meridian Fire Deparixnent call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2(}04, According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2$00 in the year 2005 and 3800 by the year 2010. 3.10 The fire department requests that any future signaliaation installed as the result of the development of this project be equipped with t:lpticoin Sensors to ensure a safe and efiCcient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer_ 3.11 Maintain a separation of S' from the building to the dumpster enclosure. 3.12 Provide a Knox box entry system for the complex prior to occuparary. 3.13 The first digit of the ApartmentlOtYce Suite shall correspond to the floor level. 3.14 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. 3.15 .Provide exterior egress lighting as required by the lnternationa113uilding & Fire Codes. 3.16 There shad be a fire hydrant within 100' of all Fire Department cormections. . 3.17 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.18 VVhers a portion of the facility or building hereafter constructed ar moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant. on a fire apparatus access road, as measazed by an approved route around the exterior of the tY or building, on-site fine hydra and mains shall be provided where required by the code official. For buildings equiPP~ throughout with an approved automatic sprinkler syateao installed in atxordance 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 accordarue with Section 903.3.1,1 or 903.3.1.2, the dist~ce requirement shall ~ 600 feet (1$3 m). 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposead development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit D-Page 3 CITY OF MERIDIAN pLAI~`G DEPARTMENT STAFF REPORT FOR THE ~G DAVE OF FEBRUARY 2, 2~ib 4.2 If there aze any, loading areas shall be separated from all public parking areas. 5. SAATITAItY SERVICES CQMPA1vY S.1 Please contact $ill Gregory at SSC ($88-3999) for detailed review of your proposal and submit stamped (approved) Plans with your certificate of zoning compliance application. ~. MERIDIAN PARKS DI~PARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (i7DC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (LJl)C 11-3B-10) will be followed F-xhibit ~-page 4 February 2, 2007 AZ 06-034 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT David N. Price ITEM NO. 5-K REQUEST Development Agreement -Request for Annexation and Zoning of 2.95 acres from R4 to L-O zones for Ashfyn Park Annexation -201 West Ustick 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 aNnched Development Agreement Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3q SOISE IDAHO 02116/07 01:38 PM DEPUTY Neava Haney II~ ~Ill~i~~~~~'~~I~'~I~I~~~IIII~II'II RECORDED-REQUEST OF 1 I Meridian City 10?02243 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. David N. Price, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement', is made and entered into this day of it ,- 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called "CITY", David N. Price, whose address is 2291 W. Greenview Court, Eagle, Idaho 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and I.4 WHEREAS, OwnerlDeveloper has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.S .WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDMSION pnrF ~ nx ~ i 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 26~' day of September, 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 Cifiy Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns 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 OwnerlDeveloper 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 firom affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFYNIT~ONS: 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 cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION D A !`_'C 7 /lY7 1 1 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,lVleridian, Idaho 83642. 3.2 OWNER/AEVELOPER: means and refers to David N. Price, whose address is 2291 N. Greenview Court, Eagle, Idaho 83616, the party developing said Property and shall include any subsequent developer{s) or owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcels} of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L-O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY T)EYIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified as Meridian City Code Section 11-2B-1. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVEY,OPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-b6, labeled Sheet L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1} the use of the structure changes to a use DEVELOPMENT AGREEMENT {AZ 06-034) ASHTYN PARK SUBDIVISION PAC.F2tlF11 consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. 3. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (GZC). 4. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 5. 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. 6. That the following shall be the only allowed uses on this property: principally permitted uses within the L-O zone. 7. That the hours of operation shall be limited to 6 a.m, to 10 p.m. $. That up to six office-type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to asingle-story. Each building shall provide: variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows an the building entrance, columns, at least 25% of the front and street-facing fagade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appeazance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. DEVELOPMENT AGREEMENT (AZ d6-034) ASHTYN PARK SUBDIVISION ty ~ nr. w nn „ 9. That a 2~-foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of--way; that said landscape buffers shall be installed prior to occupancy of the first of~xce building on this site. 10. That a 20-foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the first office building on this site. 11. That vehicular access to this site shall be restricted to one driveway to Meridian Road, as approved by ACl•-ID and the City as referred to in the Staff Report and the Concept Site Plan; no vehicular access to Ustick Road is approved, except for the driveway across the church property to the west, no direct vehicular access to Ustick Road is approved taJfrom this site 12. That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the applicant agrees to provide staff with a recorded copy of across-access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road. 13. That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that aze deemed necessary during construction plan review. This may include water connections in both Ustick and Meridian Road. 14. That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of--way. 15. That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. 16. Applicant shall be required to pay Public ®Vorks development plan review, and construction inspection fees, as determined during the plan review process. C. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBIDIVISION nnr.~cnry~ default of the Owner/Developer or Owner/Developer'sheirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments ar recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developereonsents 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 Owner/Developer and if the Owner/Developerfails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developersholl, immediately upon completion of any portion or the entirely of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer ofany one or 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 Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the DEVELOPMENT AGREEMENT {AZ 06-034) ASHTYN PARK SUBDIVISION n e r_>~ c nr t t third reading of the Meridian Zoning Ordinance inconnectionwiththe re-zoning of the Property by the City Council. If for any reason after such recordation, the City 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 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. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting parry 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 maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation ofthe improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIYISTON 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 nit been installed, completed, and accepted by the City. 1 S. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree 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 17evelopment 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 with copy to: Cifiy Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID $3642 OWNER/DEVELOPER: David N. Price 2291 N. Greenview Court Eagle, Idaho 83616 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. DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION PAGE 8 OF 11 18. TIME IS OF TIIE 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 Owner/Developer oftheProperty, 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 ofOwner/Developer, to execute appropmate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Agreement. 2Q. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OwnerlDeveloper 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 ofthe 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. D1rVEI,QPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISYON PAGE 9 OF 11 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER DAVID N. PRICE CITY OF MERIDIAN BY: a ; . ,~IrLT dG...,t ire /jayrf~ f w • ~.r~.r-© Attest: ~ ~ ,~~>>`,~,{ a~ r.~;c~ 6 y G'~~ C~,.lie ~~ c~ ~ ~- ~ ,~ jL ~r ~ ~('+Vw ~ ~ ~ ` V ' L = WILLIAM G. BERG, JR., ~ ~,E ~, '-, ~t~ T ys~ • ,•~ ',',''''~~~~/1/11 V1\1,1\``1`\```4~ ~IT`l 1111 II DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDMSION PAGE 10 OF 11 STATE OF IDAHO, ) : ss County of Ada, ) On this 2~''-°~day of 2007, before me, the undersigned, a Notary Public in and for said State, p onally app ared David N Price, known or identified to me to be the above person, and acknowledged to me that he 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. . ,. -~~ ,~ ~~iw ptate~ea.r ~~/. ;~.. .,,, ~i -~~s1~~aa~±A ,C STATE OF IDAHO ) ss County of Ada ) Notary Publi or Idaho Residing at: ~Se ~ My Commission Expires: 3 - mac) On this ~ ~' day of ~ bYUQ 2007, before me, a Notary Public, personaae~~ a pp~~~~,~~,ed T it iam erg, r., ow or identi e to me to be thei'A~~~~4-'alid 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. • • NI• G~.• Val • ~'~ ,~,`•,G' ~ {SEAL ; Notary Public for Idaho Residing at: I ~ l,~ell , I h ~: ~~` - ~% •; Commission expires: 1c~-,~.J. ~.l DEVELO Ij~~N'T (AZ 06-034) ASHTYN PARK SUBDMSION ~+•. ~ ~~ PAGE 11 OF 11 Exhibit A -Legal Description e`./Fl. ('~ c.-9G: [~t't~GJZ ryyg~; 5505 tiu Fn3nklPn Fload •`8otse, Idaho 837QS-i055~,, Land DescripYign for ,Annexation td the C€ty Qf Marjd€an 10 November 2004 A portion ~of Lots 3 and 4 of Bioc[c 7 of Strasser Farms Slutidivision No. 7, as shown on the official plat thereof on tila.in•the offli~ of~the~ Ada County, Idaho, Recorder, and adjoining public right-of-way, badng~situated In U S. Lot "f of Section y.'Tor~tnship 3 North, Range 1 West, poise Meridian, Ada County, Idaho; and being more partirn,larty described as flaws: Beginning at the northehst comet` of~saiid Ssbtion 1, which is the~Real~Polnt of Beglnaing: Thence S00°17'24`W, 428,49 feet along the easterljr boundary ~of said~Section 1 Co the southerly Houndary extended of said Lbt 3; Thence Ni39°i 9'19`W, 45.00 fast along the southerly boundary extended of said Lot 3 to the southeast •camer of said Lots 3; Thence continuing N89°18'18"W, 255.84 feet along the 'southerly boundary of said Lot 3 to•the,e:4ter~ion~ of~the~+nrestsrty boundary of said I_oi 4; ' Thence N00°17'24"E, 2DO.z1 filet along ttte: exteitssic-n of the westerly boundary of-sald LoC4 to ~e souttivvest cflmer of said L'ot 4; Thence continuing N00°17''24"~, 1-,Q3.Z4 fast slang the woslerly bairxiary' of s~id~ Lot 4 to the northwest, comer of saud~Lot•4; Thonce continuing tV00°'t7"c~4°E. 33.00 feet along the gxbension~~of the westerly boundary of •seid l.,ot 4 to the northerly boundary 'of said Sectfan 1.; • Ttlence_S89°i9'43°E, 300,84 feet~atong the northerly boundary•.of said Section'! ~to lh'e Rea! Polr~f ofsBeginnirig. Comprising 2.945 acres, more or less. PUSltC NIOriKS DfiPF -i Exhibit A -Page 1 .~.~(.~L1 VJ~;1~ SEP ~ ~„20~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ci O eridian k C~ice .~'`sl, IU.Vii'1 ` r _~~.~.: ~ xn the Matter of Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O (Limited Office Districts by David Price, for Ashtyn Park. Case No(s). AZ-06-034 For the City Council Hearing Date of: September 12, 2006 (findings approved on September 26, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the heating date of September 12, 2006 incorporated by reference) 3. Applicarion and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Requires Findings per the Unified Development Cade (see attached Staff Report for the hearing date of September 12, 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. §b7-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Cod® codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian bas, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August d, 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 OP MERIDIAN FIIYDINC3S OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-034 PAGE 1 of 3 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 PAY r~uesting notice. 7. That this approval is subject to the Legal Description and the Development Agreement Provisions listed in Exhibit D of the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. 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: The applicants request for Annexation is approved subject to the provisions listed in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of September 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF I~AW AND DECISION & ORDER CASE NO(S). A7r06-034- PAGE 2 of 3 By action of the City Council at its regular meeting held on the ~~ ~ ~ of 2006. y COUNCII, MEMBER SHAUN WARDLE COUNCIL MEMBER 70E BORTON COUNCII, MEMBBR CHARLIE ROUNTREE COUNCII, MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLL4M G. BE] copy served upon: VOTED__~~~ VOTED__~~~.- VOTED_`~~~•- VOTED_ ~~~ ~~ VOTED ~+ `` J X1111111 11 /~~ ~~' / ~~~ '~~ JR. CL~tK y .~ ~ ~'~~ Applicant ~~'~. '~.~` Planning Depa>~eaetll++~++`"`~~• Public Works Department City Attorney B3'= Dated: City Clerk's Office CITY OF MERIDIAN FIlJDINGS OF FACE, cONC[.USIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OCr034 PAGE 3 of 3 CTI`Y pF MER[UTAN P1.ANAiING DEPARTMENT STAFF REPORT FOR THE F(EAR1Np'DATE OF SEPTEMBER IZ, 2~6 STAFF REPORT Heating Date: 9!12/06 ~ c.rrr•.,,, 1'~ TO: Mayor & Gity Council -. er~czr~~ :~ ~~~:. FROM: C. Caleb Hood, Current Planning Manager Y y, Meridian Planning Department :~.ti.~, iu.viu ~~ 208-8845533 `~,,~ ,~-~~ ,.T,F, ,,. u..s ~ SUB7ECT: Ashtyn Park Annexation AZ-06-034 Amiexation and Zoning of 2.9$ sores from R4 (Ada County} to L-O (Limited OtBce Distrid), by David Price. i. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Price, has rc;quested Annexation and Zoning (AZ) approval of 2.95 acres (2.3 acres exclusive of right-of--way) fmm R4 (Ads County) to L-0 (Limited Office District). The subject property is located on the southwest corner of Ustick Road and Meridian Road. Currently, the site is zoned R4 in Ada County and contains ta+o homes and an outbuilding. The applicant intends to remove the existing structures, one of which is +eurrently in the right-of--way for Ustick Road, and construct an office developm-ertt. The subject property is within the Urban Service Planning Area. The applicant is not proposing any land use, development or subdivision at this time. Instead, the applicant has submitted a concept plan. for how the subject property may develop, and pictures of what the future buildings will generally look like. The applicant is not proposing residential or public quasi public zones/uses for this site, as envisioned with The Future Land Use Map. However, the City recently approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. la this instance, no ancillary cornrrrercial uses shall be permitted." Approval of the subject AZ application would allow the applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted in the proposed L-0 zone (UDC Table 11-28-2). The applicant has submitt«i a conceptual site plan of how this site maybe developed with office buildings. On the submitted conceptual plan, the applicant has depicted one access to Meridian Road. The driveway is located near the south property line, approximately 400- feet south of Ustick Road.- ACRD has approved this driveway location. 2. SUMMARY RECONIlVIENDATION The subject Anmexation and Zoning application was submitted to the Planning Department for review. By City Ordinanc0. the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-034) will be included in the Commission's recommendation to the Council. is recororxJ.ending~approval of the Ash Park exation (AZ-06-034) with a Develoument Agreement for this proiect. Meridian planning and Zanins Commissior- the item on A 3 2006 At the t~ublic hearimg~y moved to ~,gmmend atsoroval On 5ente r 12.2006 the Meridian C,lty ouncil a~ this aDDlicatian. a. Sammary of Commission Public Hearing: i. In favor: Van Elg ii. In opposition: None iii. Conc~menting: Lester Vogle (irrigation water cancers) iv. Staff presenting application: Caleb How Ashtyn Park Amexation - AZ-od-034 PAGE 1 CITY OP MERIDIAN PLANNIWQ DEPARTMENT STAFF REPORT F'Ott THB HEARINii DATE OF SEPTEMAER 12,2006 v. other staff commenting on application Mike Cole b. Key Issues of Discussion by Commission: i. Uses allowed on this site with the proposed zoning. G Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issues) for City Coaneil: i. None. 3. PROPOSED MOTION (to be considered after the public hearinp~ Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ- 06-034 as presented in the staffreport for the hearing date of September I2, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-06- 034 as presented during the public hearing on September 12, 2006, for the following reasons: (you should state specific reasons for denial of the antle~[ation request,) Condnaance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-034 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: 201 W. Ustick Road, on the southwest comer of Ustack Road and Meridian Road, within Section 1, Township 3 North, Range 1 'West. b. Property Owner of Record: David N. Price 2291 N. Greenview Court Eagle, ID $3616 c. Applicant: David N. Price 2291 N. Greenview Court Eagle, IQ 83616 d. Representative: Van F1g/Phil Hull, The Land Group, Inc. e. Present ZoA,ing. R4/Ads County f. Present Comprehensive Plan Designation: Medium Density Residential and publiclQuasi- Public g. Description of Applicant's Request: The applicant is requesting a~exation approval of 2.95 acres from R4 to L-O. h. Applicant's Statem~dJustification (see Applicant's application and letter): Eeing surrounded Ashtyn PerkAnnexation - AZ-06-p34 PAGE 2 C1TY OF MEaIDIAN PLANK Wt} DEPARTMENT STAFF itEk'4RT FOR TH6 t-EARINti OA7E OF S~PTTENIHER 12, 2006 aad influenced by the City of Meridian, it has been a Zoning Enclave for some time. This z~equest will bring this parcel of property into the City Limits, assign an appropriate and compatible zoning designation, and pmvide a clean and concise plan and elevation for the development of the site (the element that Council consider to be lacking in the previous application material)(plesse see Applicant's submittal letter for more information). S. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 17, 2006, and July 31, 2006 (Planning & Zoning Commission hearing}, and August 21, 200b and September 4, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: July 7, 2006 (for Planning & Zoning Commission hearingJ, and August 18, 2006 (for City Council herring) d. Applicant posted notice on site by: July 24, 2006 (for Planning & Zoning Commission hearing) & September 2, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties directly to the north (park) and west (church) are designated PublidQuasi-Public on the Comprehensive Plan Future Land Use Map. The properties to the east and south are bath designated Medium Density Residential on the Future Land Use Map. The northeast comer of Ustick and Meridian is designated Office on the Future Land Use Map and were approved as a use exception to the primarily residential Sundance development. c. Adjacent Land Use and Zoning: North: Settlers Park, zoned L-O South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada County). East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County) West: Presbyterian Church, zoned R4 (Ada County) d, History of Previous Actions: Tn 2003, after the current Comprehensive Plan was adopted, a record of survey for a properly boundary adjustwent was done on Lots 3 and 4 of Strasser Farms Subdivision. Lot 4, which was 1.1 acres, became 2.3 acres (not including rigbt- of-way) after the record of survey was done and the remainder of Lot 3 became 5.5 acres. Prior to the record of survey, all of Lot 3 was designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot 4 was designated Medium Density Residential, as there was, and still is an existing dwelling on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the subject site (1.1 acres, exclusive of right-of--way) is designated Medium Density Residential on the Comprehensive Future Lazed Use Map, while the southern half (1.2 acres, exclusive of right-of--way) is designated Public/Quasi-Public. Fn late 2004, applications were filed with the City for annexation and zoning of this property to C~ (AZ-04-032), and to modify the Comprehensive Plan Future Land Use Map designation of this site to commercial (CPA-04-004). Ater an uzifavorable reeommendatian from the Ashtyn Park Annwcation - A~-Ob-034 PAG)~ 3 CYTY OF MIRmIA1V PIANNiNG DEPARTMENT STAFF REPORT FOR THE HEARIIVG BATE OF SEPTEMBER 12, 2006 Planning & Zoning Commission, the applications for the comprehensive plan map amendment sad annexation were withdrawn for the Maverick Country Store. In 2005, an annexation application was filed with the City for annexation and zoning of this property to L-O (AZ-05-020). The City Council voted to deny AZ-05-020 on June 28, 2005 and confirmed their original decision on August 9, 2006, because approving the annexation was not in the best interest of the City. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. The sewer line that crosses this property is a private facility and would not be eligible to be connected to. Location of water: There is currently a water main is Meridian Road lsaues or concerns: The applicant will need to extend City sewer mains through this site, the existing line is private and is not eligible to be connected to. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: N/A 4. Canals/Ditches Irrigarion: There are some irrigation ditches that lie on or adjacent to this site. 5. Hazards: Vehicular access to this site is tricky. This site does not have a lot of frontage on Ustick Road or Meridian Road. ACFID has reviewed this project, considering road safety, and has recommended approval. Staff is not aware of any other potential hazards ort this site. 6. Proposed Zoning. L-0 7. Size of Property: 2.95 acres f. Summary of Proposed Straits and/or Access: Although no development is proposed at this time, the submitted Concept Pap shows an east-west driveway located near the south boundary, Staff is supportive of the general location of this driveway, provided cross-access is provided to the church to the west to use this access point to Meridian Road. g. Landscaping: 1. Width of street buffer(s); Per City Code (UDC Table 11 ZB-3), a 25-foot wide landscape street buffer is required adjacent to Meridian Road and Ustick Road, both arterial roadways. 2. Width of buffer(s) behveen land uses: Per City Code {UDC Table 11-ZB-3) a 20- foot wide landscape buffer is required betwe~ L-0 zoned properties and residential uses/zones. There are residential uses to the south, and a residential zone to the west of this site. 7. CONIlV~NTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the Ashtyn Park Annexation - AZ.()6-034 PAGE 4 C!!'Y OF MEkIDIAN PLANNI1VGi pEPARTMENT STAFF RE~RT FOR THE HBARW G DATE OF S EPTEMBER 12, 2005 received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to ~~ply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN PULICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential" for the northern half, and "Publie/~uasi-Public" for the southern half. The purpose of a medium density residential designation is to allow smaller Iots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 9S, 2002 Comprehensive Plan). Chapter VII of the Comprehensive Plan defines Public, Quasi public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area rodents and visitors. Theses areas include neighborhood, comnnwiity, and urban parks. t3overnm®nt facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. Tn 2004, the City approved Resolution No. 04454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation naay request office uses if the property has frontage on an arterial street or a section line road and is 3 ac~ec in size or less in size. ~a this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on two arterial streets (Meridian Road and Ustiek Road) and is less than 3 acres in size (2.9 acres total). Because a majority of the property is designated for residential use, but the property is only 3-acres in size and is located on an arteriaUarterial intersection, staffbelieves that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appmpriato as the request is consistent with the intent of Resolution No. 04-434, if the Commission and Council find the zoning is appropriate for this site. Please seethe following facts and ci~~~~.nces and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office uses. Staff fords the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (sta,~janalysis is in italics below policy): • "R~trict curb cuts and access paints an collectors and arterial streets" (Chapter VII, Goal lV, Obj ective D, Action, item 2) On the submitted conceptual plan, the applicant is proposing a single access to Meridian Road, approximately 40afeet south of UstickRoad. ACFID has approved one access to the site as proposed.. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, lvw walls, berms, etc.) °' (Chapter VII, Cia~al lV, Objective D, Action item 4) Meridian Road and UstrckRoad are designated arterial streets. Ry City Ordinance, a 2S foot wide landscape bt~er is required ac~acent to Meridian Road and UstickRoad. Landscape bu,,~`ers along Meridian Road and Ustdck Road will be required by the City with future CZC/Subdivision approval. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Ashtyn Perk Annexarion -- AZ-OG-034 ['AGE 5 Grf Y OF MERIDIAN PLANNIIN(i DEPARTMENT STAFF REPORT FOR THE I~ARIlVG DATE OF SEPTEMBER 12~ 21~?6 The applicant is not spec}'~cally proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the applicant will be required to construct internal acrd perimeter landscaping ~ "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and developmea~t is contiguous to the City." (Chapter IV, Goal 1, Obj. A, #~ This parcel is contiguous to the city via Settlers Park to the north. Sanitary sewer and water are availabde to this parcel. • "Plan for a variety of commercial and retail opporhuiities within the impact Area." (Chapter YII, Goal 1, Qbjective B) Sta,,Q"believes that the proposed zone, which allows o,,~?ce uses, does contribute to the variety of uses in this area which fnclude: a church, single fanuly homes, a city parr and futr~re o, ffice uses. Str{~',~lnds that the proposed zoning to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution lt~o. t14-454. Stcfff' recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of Toning this site for office uses. 9. UNTH7ED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the L-O zoning district. Personal and Professional Services are listed as principally permitted uses in the L-0 zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive flan. Four Districts are desigaated 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 is proximity to streets and highways. 10. ANALYSES a. Aaalysie of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the applicant to obtain an office none, According to current City Code, professional offices and clinics are principally peraaitted in the proposed L-O zone. The applicant has submitted a conceptual site plan showing how this site may redevelop with office buildings, parking and landscaping. Based on the policies and goals contained is the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning C)rdinance for L-O zoning, staff believes that the zoning of this site to L-O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The a~exation legal description submitted with the application (stamped on November 11, 2004 by Joseph D. Canning, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Ashtya Park Atlttex8tlon - AZ-06-034 PAGE 6 CTi"Y OF A+IEidIDIAN pI.gNNING pEppR,~~ STAFF REPORT FOR THG H~ARIlVG DATE OF S~PTEN~ER 12, 2006 Co c t P an: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan do not appear to comply with the UDC. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Buis ' ElevationslCnn.~truction Materials/Bu'l~~g~, The Lcant is co proposing to construct up to six office buildings on ti~is site. Because this site is directly adjacent to residential uses, staff recommends that the future buildings for this site have a maximum size of 5,000 square feet each, and are single-story. Consistent with the pictures submitted by the applicant with this application (see Exln'bit C), staff recommends that each future building provide: variations in roof lines with at least a portion of the roof having a 6/12 slope, awnings over sow of the windows and the front door, columns, at least 25 % of the front and street-facing farrade to have windows, and at least two different types of siding material. All new structure(s) (or remodel of existing sttuctut~s)) should be $emerally compatible in appearance and bulk with the pictures provided with the application and as mentioned above, as determined by the Planning Director or otherwise approved through a Conditional XTse Permit. Access: Vehicular access to this property is a challenge, This property has approximately 255 feet of frontage on Ustiek Road and 400 feet of frontage on Meridian Road. ACRD policy requires right-in/right-out driveways located on arterial roadways to be constructed a mi~aimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway_ Although this property has enough frontage to meet the District's policy, there is an existng roadway, Eastbrook Court, that creates potential turning conflicts if a driveway'erere to be located 220 feet south of Ustick Road. Therefore, the applicant is proposing a driveway that is approximately 350 feet .south of Ustick Road When the Ustick/Meridian intersection is signalized, or if safety of this driveway should become am issue, the ACIID may restrict the access to right inlright-out only. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to the church to the west. The idea with providing cross access to the church is that when the church expands andlor redevelops, cross access will be reciprocated to the proposed office development. If cross access is provided then patrons of the church can access Meridian Road without going through the Ustick/Meridian intersection, and the Patrons and employees within the proposed office development can have access to Ustick Road through the church site, NOTE: Staff believes that the parking lot layout proposed on the concept plan will discourages art-through traffic. Office Uses: Profe~ional and salmi offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested I,-U zone. Staff believes that these principally permitted use are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses tyat can occur in the L-0 zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommendisag that the City limit the uses that can operate on the site to principally permitted uses in the L-O zone (no CUP uses). This recouunendation is itrtended to protect the neighbors from more intense commercial uses (restaurants, Laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval, and to ensure that the use intended in Resolution No. 04-454 (light offiice, law-impact businesses) are upheld, See Annexation & Zoning Facts and Comments #3 below. NOTE: Staff has consistently recommended that all properties requesting L-O zoning through Resolution No. 0454 be restricted as noted above. Ashtyn Park Annexation - AZ-05-034 PAGE 7 CPfY OFMERId1AN PLANNING DEPARTMpVT STAFF REPORT FOFtTHE tiEARII+TCi GATE OF SEPTEMHF.[t t2, zQQ6 According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or chattged in use without a certificate of zoning compliance (C~) issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity, with t~ provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a certi$cate of zoning compliance permit should be obtained, Upon annexation and zoning of the property to L-O, the existing residences will become legal non-conforming uses. The applicam, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L-O zone. Prior to occupancy of any building for office use on this site, a certificate of zonng compliance permit should be obtained. ur ' O eration: Tn the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Consistent with previous Commission action, staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 6 am to 10 pm. Lan~dscan'm,~,; Meridian Road and Ustick Road aze classif ed arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (i]DC Table l l Z,B-3). Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CzC/Plat approval. If the subject annexation and zoning application is approved, L-O properly will be adjacent to rural residential properties zoned RUT in Ada County and a church, zoned R4. To buffer the exi~ng land uses to the south and west from future commercial office uses on this, site, 20-foot wide landscape buffers along the perimeter of the site should be installed when aCZC/Plat is approved (UDC Table 11-2B-3). arkin ~ For professional offices, Parking stalls are currently required at the .rate of one space per X00 s.f. of gm~s floor azea (IJDC 11-3C-6B). S~ Sewer: There is am existing 8-inch private sewer service that bisects this property, it is not a chy-owned facility and would not ba eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available in Meridian Road and water is available in both Meridian Road and Uatick Road. UDC l I-SB-3D2 provides the PBtZ Co>anmission ar-d City Council the authority to require a property owner to enter unto a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Di a to the vrouos~ use. staff believes that a Development Aer ent is neeessarv to en~+~rP that this per, is developed in a fashion that ijg consiste>n with a comprehensive plea and does not ne~ati~~1 +~impact nearbv grope ies If the Commission or Councrl feels additional developm~t agrere~nent requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of tbds property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the Property owneKs) (at the time of annexation ordinance adoption), and the developer. The li i rn Bill N at 8.4433 within nt o Co cil atmmtial to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Ashtya Park Anaexedon - AZ-06-034 PAGE 8 CITY OF M13RIDUW PLANNIPICi DEPARTMSMf STAFF REPOiIT FL1E THS HEARING DATE OF SE~'EMBER 12, 2006 Staff Report. b. Staff Recommendation: Staff recommgnds approval of the dub, j~appl~c tioz~ AZ-06- Q34 with the Developp ment Agr eement provi,~ ians list~in the in Exhibit B of the Staff Re~rt far the hearing ate of ~2006 Q,p~Auguet 3 2006 the Meridian Plaunil~& Zonis Co~mi.~sion vot ed to r~r ommend a»~ro val o~the subject apglicatiosl On 3gpte~nbe~r 1Z~2 6 the Meridian City Cou nc ; voted to a nnrove the ble~t~ ap~l~ca~,~tz'on., 11. EXII)[811TS A. Legal Description B. Requires Findings from Unified Development Code C. Concept Plan, and Elevations D. Development Agreement Provisions and Agency and Department Commetlts Ashtyn Park Annexadoa - AZ-06-034 PAGE 9 CITY OF MERIDIAN PLANNINGI DEPARTMENT' STAPF REPORT FOR THE HEARING DATE OF FEBRUARY Z, 2006 Exhibit A -- L+egai Descripdon ~• ~ °~ ~~ 5545 tiY_ I`fenlcl~, Road • golse, Idaho 83705-1065,- Land Lse:~txription for Angexatian to the City of Merfdien 10 November 2oQ4 A portlan of i.nts 3 std 4 aP Hlock 1 of Strasser Farms Subdlvlsion Na 2, as shown on tho ofricial plat therapt ~ tda fn the oflZce of the Ada trourtiy, Idaho, Rer:4rder, and wing pubic right-ot~way, being 86tuat~ In U.3. Lat i of 1, Township 3 Nau~th, ~a 1 West, Boise Ntatklian, Ada Craunty, Il~hn. and more Marty deacrlbed ras follows,; t3gglnnlrlg at the noritleast comer of .sa9d S~ctfon 1, whia;h is the Real Polnf of rgegln~g: Them S00°17"24"W, 42$.4fl feet along the ea$terty ~undary of said 8edian t to fhe s boundary extended of said Lot 3; . Them N88°19'19"W, 41si.t~ feet alarug the southerly boundary ext~rded of saki Gat 3 to tl~e south®ast comer' of said Lot B; Thence oantinutttg Nt18°18'18'W, 7ti5.84 ~t atone tho aoutharlj/ bnurrdary of saki tot 3 to the extIQn of the greSlerly ~rndary ref esld Lot 4; - Th NQO°1T24"~, 2tm,21 feet along ttte ern of the a-rly boundary of saki Lot 4 m the southwe~sE avrn~ of said L"ot 4; Thence anndrouing NQU°11'29'E, 1'3.29 feet a~g qts westerly taotrttdary of saki I~ot4 td fhe nartlnarest comer otsatd Lot 4; . Thence tx;neTnulnB N~°9T'24'E, 39.t1f7 feet along the extertak+n of the westerly tuxrndrary o! said La14 bd the nattl~erly boundary of saki Sew 1; . Theme. St38°18'9,3"E, 31~.1i4 Meet akxtg the norfiherty boundary of satd Sewn 1 to the hea! Pole! of l3eglnefng Gonnpr~rrg 2.845 atx~, more ~ less. . ~L., ~ ~ ~~ Exhitrit A -Page l CTIY OF MERIDIAN PLANNING DEPART STAFF REpaRT >:QR TIC HEARING DATE OF FEBRUARY 2, 2006 • r' t ~~ !~ 4 C N` `~ et O ~ (~ w S 1~ ;~ ~~ ~` ~~ + `~ .: " p 0 0 0 ~ O ` rw~ r tea ~. yw ~ O 4 ,4~ •+ r+ ~ i a ~ ~ ~ fi 0 ~1 v ~ O . w O ~ ~ ~ ` ~ ` + . ~ ~~ a ~ ~~~ a m ~ b~ 1 P~e~ +-«tPf fill vt~op b .Y9'~Sl q r:-z.~lpip s ~ ~IQy .~~1' --- ~ ~ 9 0 ~ p h q a ~~i °yg! $ : ~ ~ 1 4 ~ ti ~ ! ~~ M _- x ~ w °s ~ ~ O ~- ~a ~ ~~ e ~ ~ ~ ~' wl d $.id.~~ q a~ Exhibit A -Page 2 CITY OF' MERipIAN PLANNING bEPARTMENT STAFF REPORT FOR Td~ HEgRING DA'I'S OF FE$RUARY 2, 2p06 B. Rcaquired Findings from Unified Development Code 1. Annexation Findings; Upon recommendation from the Commission, the Connell shah make a full investigation and sball, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall Backe 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 PmP~y ~ L-O. Council .finds that the Proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport for more information. 2. The map amendment complies wltb the regulations outlined for the proposed district, specifically the purpose statement; Council finds that professional offices, laboratories, libraries and medical clinics would, lac permitted uses within the requested L-O zone. As mentioned in the Staff Report, however, there is no detailed development P~ propased at this time. There are several uses in the requested L-® zone that can occur with conditional use permit approval. Council is concerned that this area may turn into a commercial retail site, and is mcornmending that the City limit the uses that can operate on the site. Council finds that fLtlare development of this property should comply with the established regulations and purpose statement of the L-O zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Cauncil finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staffrecommends that the Commission and Council rely on any oral or written testiawny that may be provided when determining this finding. 4. The map amendment shall not resnh in an adverse impact npoa the delivery of services by any political subdivision providing public services within the Ciiy including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any ~litical subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-51~3.E). Council finds that all essential services are available or will be provided by the developer to tl-e subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, Council finds that Annexation and Zanies of this Taro L-U would be in the bit ' tercet of the Citv if the agltlicant enters ir~o Development Agrecmrnt (DA), with the City. a~ mentioned in Section 0 of t_I+e Staff Regor~ Exhibit B -Page 1 CITY OF MERIDIAN nLANN1N(} DEPARTMENT STAFF 1tEPOitT FOR THEE HARING BATE OF FEBRUARY 2, 2016 C. Concept Plan and Elevations v _~~._ ~ ~ rp.er~ rWM r~•rs «ra ray W ~°~s~ rmLaq _ °qr esrr. raw ~~ fGLW r•- Piw+urn. •-r wr ~' ~+.u.•y ~~~a r~~~~~ /-ara~t~a.~rr lam` ~I~RO{d Mf. b ~Y ~~ ~a . 7 ' . i. ~~..~ I TYIy~«~ PIW ~yy _ ~~iR a~s.a ~. •ulr~w • y.• I f a ,~~ ~ e,,,,ey.~.. e ~ I f ~~ 1 ~wr - -. r t t y, i ~ 1 ~ . ~ a 1 I 4wd1 q~ '+ b tI~ ,..• ~ .t• y .~ 1 npi~ao ~gi ~~a a~~ .~ ~ = C mY~..•ryM ~~~ h ]~~ ~7~ . L Exhibit C - Pale 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIaE HEARING PATE OF FEBRUARY 2, 2006 ~; sJ: `"~ ~* ~.;~~ .! ~;' ~,i ~ '~. .f . ~,,",. Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T1HE HEARI]vG DATE OF FEBRUARY 2, 2006 Exhibit C -Page 3 CITY OF [~RIDIAN p.GANNINa DEPARTMENT STAFF REPORT FQR Tylr HEAItI1VG DATE QF F$BRUARY 2, 2ot16 D. Development Agreement PrBVlsllops and Agency and Department Comments Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the tame of rezone ordinance ado ion and the develo ~~ )~ per. e a li t et the i tt ]B° N 88$-44 3 to ' ' 'ate thi process. The DA shall incorporate the following: • That development of this property shall generally conform to the Concept Flan prepared by The Land Group, Inc., dated 6-13-06, labeled Sht'~t ]L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the existing single- familystructures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L-O zone. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall amy building, structure or land. be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • 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 ar odors. • That the following shall be the only allowed uses on this property: principally permitted uses within the L-O zone. • That the hours of operation shall be limited to 6 a.m. to 10 p.m.. • That up to six office-type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to asingle-story. Each building shall provide: variations in roof lines with at least a portion of the roof having a minimum 6112 pitch, awnings over some of the windows an the building entrance, columns, ax least 25 ~ of the front and street facing far~,ade to contain windows, and at least two different types of siding and accent materials, That all new structures will be generally eontpatYble in appearance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25-foot wide landscape street buffer will be coaastrueted adjacent to Meridian Road, sad Ustick Road, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the first office building on this site. • That a 20-foot wide land use buffer, constructed in accordance with the UDC, wi11 be installed along the south and west property lines; that said laud use buffers shall be installed prior to occupancy of the first office building on this site. • That vehicular access to this site shall be restricted to one driveway to Meridian Road, as approved by ACHI) and the City; no vehicular access to Meridian Road is approved. • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the applicant agrees to provide staff with a recorded copy of across-access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road, • That the applicant shall be required to install any and all sewer mains, water mains andlor fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Ustick and Meridian Road. F.xh~'bit D-Page l CITX OF MERIDIAN PLAN1VINa DEPARTMENT STAFF REPORT FOR T1tE HEAlltIAiG DATE OF FEBRUARY 2, 2~6 • That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of--way. • That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. • Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the glen review process. i. PLANNt1vC DEPARTMENT 1.1 The legal description submitted with the application (dated 11-10-04, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has cam, that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 Ali future construction/uses on this site should comply with the provisions of the Unified Developmerrt Code in efiiect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. Pue~c WORKS DEPARTMENT 2.1 The applicant shall comply with all City of Meridian Public Works standards and procedures for all development on this property. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for 5re protection will be by the Meridian Fire Department and water quality by the Meridian Water Department far 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'/s" 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 4~Vorks specifications. d. Fire Hydrants shall be placed an corners when spacing permits, e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place i S" 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 The phasi>zg plan may require that aay roadway greater than 1 SO fit in length that is not provided with an outlet shall be required to have an approved turnaround. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' iaside and 48' outside radius. 3,5 For all Fire Laces, provide siggage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or pernnanent stmt signs and access roads with an all w~th~ surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit D -Page 2 CITY OF MERIDIAN PI-ANNING DEPAR'T'MENT STAFF REPO1tT FOR TIC HEARING DATE OF FEBRUARY 2, 2006 3.$ Commercial and office occupancies will require a fueflow consistetrt with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The office development will have an unknown transient population and will have an unke,own impact on MezYdian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. Aocording to a report completed by Fire & Emergency Services Consulting Group our requests far service aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The fire department requests that any future sigaalization installed as the result of the development of this project be equipper 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. 3.11 Maintain a separation of S' from the building to the dumpster enclosure. 3.12 Provide a Knox box entry system for the complex prior to occupancy. 3.13 The first digit of the ApartmentlOffiee Suite shall correspond to the floor level. 3.14 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. 3.15 Provide exterior egress lighting as required by the International Building ~ Fire Codes. 3.16 There shall be a fire hydrant within 100' of all Fire Department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is move than 400 feet (122 m) from a hydt~nt on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants aad mains shall be provided where required by the code off eia1. Far buildings equiPP~ throughout with an approved automatic sprinkles syateco installed in accordance with Section 903.3.1.1 or X3.3.1.2 the distance regiut+eme~ shall ~ 6~ feet (183). For Group R 3 sad Group U ocxvpaacies, the distance requitement spell be 6Qp feet (183 m). For buildings equipped throughout with an approved automatic sprinider system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 fleet (183 m). 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit D-PaSe 3 CITY OF MERIDIAN PLANNING DF.pARTMENT STAFF REPORT FOR THE NEARING DATE OF FEBRUARY 2, 20Ub 4.2 If there are any, loading areas shall be separated from all public parking areas. S. SANITARY SERVICES COMPANY 5.1 Please contact Bill Qregory at SSC (888-3999) for detailed review of your proposal and submit stamped (appro~~) pleas with your certificate of zoning compliance application. 6.1-'IER>DIAN PARKS DgPARTMENT 6.1 Standard for Mitigation of tt~s: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian I~ndscape Ordinance (UDC 11-3B-10) will be followed Exhibit D-page 4 w February 2, 2(~7 MERtDtAN CITY COUNCIL MEETING February 6, 2(107 APPLICANT ITEM NO. Jr-L REQUEST Sanitary Sewer and Water Main Easement Agreement for Sparrowhawk III by bavid Waldron, Douglas Keith, and Russell Curtis AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see atMched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: „y~ CITY PARKS DEPT: d_ 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 shah become property of the CNy of Meddtan. ADA COUNTY RECORDER,D NAVARRO AMOUNT .00 f BOISE IDAHO 02116/07 01:' DEPUTY Neava Haney III IIII'I'I~II'I'II'llllllllllll I I'll RECORDED-REQUEST OF 1~7~~~~#~~, Meridian Clay SANITARY SEWER AND rvA'rr:K MAIN EASEMENT THIS INDENTURE, made this 18th day of January , 2007 between David Waldron ,Don las Keith, and Russell Curtis the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main. right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and waxer mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities ax any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will nat place or allow to be placed any permanent structures, trees, brush, or perermial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Waxer Main Easement EASMT.S&W.doc ~~ 1 • • 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: r avid WaYdron, Owner STATE OF IDAHO ) ss County of Ada ) On this ~:.? day of ,Y1 20 before me, the undersigned, a Notary Public in and for said State, personally ppeared t~ t~.~! ~ known or identified to t~ S~e~ary, respectively, of the corporation that executed acknowledged to me that such corporation executed the same, me to be the President/asd the within instrument, and IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. '',~~~........~~i •~•~.o~y~A 8. Rp'••.,~ C1XJxa.. ~ :• O ~'~ $~ NOTARY P IC FQR ~pTA$Y ~ Residing at: ~ ~"~~' Commission Expires: ~ ~'uB4~~ r . ,...~9 ~~ 0 O ~'~ G OR: --.....,.--- Douglas er 8- Sanitary Sewer and Water Main Easement EASMT.S&W.doe • ~ STATE OF IDAHO ) ss County of Ada ) On this ` ~ day of ~ (~ 200 before me, the undersigned, a Notary Public in and for said State, personall geared ~ j ~ d 1JI ~ known or identified to me to be the Presiders aid QW 8~ret~xy, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. QO~~......~~~p ~ ~~ 1yOTgR r '•~ ....- S i~,~9 ~'~•N•••~~Q-O •~~ ?`~` OF lp~~~. GRANTOR: --"""'*"'-- ~~ Russell Curtis, Owner STATE OF IDAHO ) ss County of Ada ) NOTARY PUB IC FOR IDAHO Residing at: ,.~ Commission Expires: f~-~-a?O/ v''1. On this { 8~ day of ~ before me, the dersigned, a Notary Public in and for aid State, personally a ed { ~ and N ~ ~ known or identified to me to be the President cad ~-- S~, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~.Q~tilda B, ~.o•., NaTgRp .~•., v, ~ 'aUB 41G ~' O ''~~9~F 0~ ~p~a~ Sanitary Sewer and water Main Easement NOTARY P IC FOR IDAHO Residing at: Commission Expires: I ., - ~ - ~12~- EASMT.S&W.doc ~ ~ GRANTEE: CITY OF MERIDIAN OO Tammy de Weer , ayor ~~, `~ ~~ .~~~~ _ _ ~ ` Attest by William G. Ber , Jr., City Cl~~k~~~ ~ ~~~ , ~ a4~` Approved By City Council On: ~` > >o° ~, STATE OF IDAHO, ) . ss. County of Ada ) _~ On this day of ~ ~ t' (/L ~,~U-~ , 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) ~osea~` ~• r i ~~ ~`' -ozA~~ • ~: ~ ,~' r s ~ 0~+~ • ~~~~i~,~~ f~'7(~2~ NOTARY PUBLIC FOR IDAHO Residing at: ~~ ~h ~ ~~ Commission Expires: /©--rS = ll Sanitary Sewer and Water Main Easement EASMT.S&W.doc ~~ • s ~ - - ~ ~~~_ ~'' -. ~*~ 1!Y Overlmtd Rd, Ste 96Z C $oise, iD C 837ti5 C 288-342-7957 C 2fl8-342-7437 FAX EASEMENT DESCR1PT10N A P~2TION OF LOTS 13 AND 44 iN BLOCK 1 OF "SPARROWHAWK SUBDIVISION NO.2", IN THE SfXn~iWEST Ala OF THE SOUTHWEST ~/4 OF SECTION H, TOVYi-iSH1P 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO A n of Lots 13 aiu~t 14 in Bic 1 of "Sparrorvhawk Subdivision No. 2", in the ewes#'l4 0€ #f~ Sou~v~es# % of Section 8, TcsMip 3 Ato~th, Range 1 Eas#, Boise Meridian, Meridian, Ada County, Idaho, more part~ulariy described as follows; Corrirnenc~irrig a# a fvur~ Brass ~ lt~nix~ierrt marking the Southwest comer of Section 8, from o~iit~r a faurid iSrass Cap ~lonumen# marling theSouth % comer thereo# #~ears South 89°5fi'S8" Eas#, a distance of 2,545.90 feed ~ a the Southerly bc~ndary of 8 (also being the center line of Franklin Road), South 89°55'S8p East, a distance of 1,272.81 #eet to it's in#ersee#ion with the S~a~i#herly projection of the cx~rrirr>txi boundary of Lots 12 and 13; tle a~g said prawn argil teary, North ~°2fi'15A Eas#, a dis#aru~ of 271.01 #eet to ~ P01NT OF BEti#NNtNG; #hence North 89°~'S8" West, a distance of 171.7v feet t® an arm pow North 00°03'02" East, a distance of 12.00 feet to an anger poin#; thence North 89°55'58" West, a distance of 97.64 feet to an angle poirr~ ~ ~°{)3'{)2" East, a distance Of 20.(H# €~ #t} an angle porn#; thence South 89°55'58" East, a die of 2fi9.51 few to iYs ~ with boundary of Lo#s 12 and 13; ag saw b~Y ~°26'158 VK~, a d"~#artce of 32_~ feet to the TRUE t3F BEGINNING. Containing 7,482 square feet (0.171 acres}, more ~ mss. S ~ easements arxi r~Iits-of~way of record anti not of record. Fox Land Surveys, Inc. Tir~riothy .!. Pox, Presitiient, President, PLS 7512 Iii OF DESCR~'.~ION r~ w:t~xon~:~s.o~~~xnrxo s~a'sEwxao~scnoc W ~ ~-~ ool I I o° I I ° ~ ~ N ' I z ~l,~r~~ WATER /SEWER EASEMENT 17 I N 89°56'58° W 97.64' _ I ~~~ w I +I ° a° I I o~ L_~ ° z I ~N ~2 N ~~~ O;~I m '~ l ~y JL ~~ I I 16 S 89°56'58" E 269.61' _Y'_ _~~~----- FRA1VI~i.IN RU. ~ 7 S 89°56'58° E 1272.81' 18 17 - - - - - - - - - ~ ~ SCALE: 18=50' '~ FOX LAND SURVEYS INC. DUVG 18 S 00°26'15" W I~++ 0 I~I I o l N of w cci NI Cfl N ° o I I Z o ~ (208) 342-7957 N 89°56'58° W 171.75' M City of Meridian Public Works Dept. RECEIVER Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1 /19/2007 Re: Proposed Agenda Items for 1/30/07 City Council Meeting SAN 1 ~ 2006 City ®f Nleridiaa, City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1 /30/07 City Council- agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water. Main Easement for Sparrowhawk III b David Waldron. Douglas Keith and Russell Curtis. Typical. Sanitary. Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Sparrowhawk III by David Waldron, Douglas Keith, and Russell Curtis and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 N SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 18th day of January , 2007 between David Waldron . Dou as Keith. and Russell Curtis the parties of the first part, anal hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTTNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main 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 to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration o~h~benefits ~Qbe~rereived by tl,~ (',rantors,~nd other good and valuable consideration, the Grantors do hereby give, grant and convey onto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described properly: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and. their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and. maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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. Sanitary Sewer and Water Main Easement EASMT.S&W.doc M M 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: 'r1 t ~ I STATE OF IDAHO ) ss County ofAda ) On this ~ day of ~ 20 4 before me, the undersigned, a Notary Public in and for said State, personally p (~ n and ~~ ~" known . or identified to me to be the President and ~' wry, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~QO~t1A 8. pO~' ~pTA/~p ~.~ G ,~~ ~Vg4t .,,qr~ o~ tO ~•,~ G TOR: -•.........- Douglas weer ~~?~ c~. NOTARY P IC FQR Residing at: Commission Expires: 1: a- Sanitary Sewer and Water Main Easement EASMT.S&W.doc M N STATE OF IDAHO ) - ) ss County of Ada ) On this ~ ~ day of 200 before me, the undersigned, a Notary Public in and for said State, personall peared 1 e.1 ~ d 1J ~ ~ known or identified to me to be the Presiders aid. ~ Ste', respectively, of the corporation' that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PLTE IC FOR IDAHO .'~~,'''4~'~~B••'~~ ,~'s ~yOTA~gI, ~ Residing at: ~ „~~ ~•'~ Commission Expires: 1~•£~-a0/ ~ e '~U$1,,1G ~i ?`e o~ ~p GRANTOR: -"nnrtu^~- Russell Curtis, Owner STATE OF IDAHO ss County of Ada ) On this _ { ~~ day of before me, the dersigned, a Notary Public in and for aid State, personally a ed { ~~ and {U ~ flr known or identified to me to be the President ~ r- S respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~ ~-f tiOTq~r ..•.- ~, •• SUB L1~' ~' •••• O NOTARY P IC FOR IDAHO Residing at: Commission Expires: 1 a. ~ ~ - ~ 1 a- Sanitary Sewer and Water Main Easement EASMT.S&W.doc M N GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2005, before me, the undersigned, a Notary Pubkc 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: Sanitary Sewer and Water Main Easement EASMT.S&W.doc M ~ .:~ _r ~1 ~.~-. 4596 W Overlaod ~ Ste T 52 C -Boise, iQ C ~ C 2fl8-342-7957 C 2fl8-342-T437 FpX EASEMENT DESCR~pT~pN A P©RrroN o~ LOTS 13 AND 14 [N BwcK 10~ "Sp ~~ST'~4 ~ THE SOItTH~g}-1/4 ~ s~ ~ROw~WK SUBDIVtS10N NO. 2", fN THE BCNSE MERIDIAN ~~ T1ON 8, TOWNSHIP 3 FORTH, ~4NGE 1 EAST, . ' ~N, ADA COUNTY, 1DAH0 A ~" ~ Lflts 93-and 94 ~ Block 1 of " West ~ ~' ~ SparroWhawk Subdivision No- 2", in the ~eridaan, Meridian, Ad~ ~ of Sect~n 8, T Ip 3 ~~ ~, kiaho, more pa ~iarly ddscrib~ as~~ast, Boise ata fartt~ Ear Why a grass '~' 'errt nra~ 89a~'S8„ E a distance ~ 2 ~~ ~ r~ r~tartCing 8~ ~ °~~er ro~e~ on 8, South R ~ b~~c~f8 SOUPY p~'~~c#on ~s~ a ~~n~ ~ ~,2T~ ~ ~r~#er dine o€ Franklin °°~ boundary o f pmts ~2 and i 3; ~~on v~th the _ . said €~n a bind ~ ~~ ~ OF' 8LGN1i1ViNG; ~' MtxBt x°26'15" East, a~#~tar~ce of274.01 #eet thence North 89°56'58'° itli~t, a ~ of 171.75 fiee# to an ~ Norte ~3°63'tYZ~ - ~~ a dista~Z~ ofi 12.(t#} feet t0 an angle o~n . thence Nort#~ 89°~'S8A 1tVes P t, t, a'distance of 97.64 to an anger p~~ ~avv~~ ~ a `-~~ ~ 2V.~ ICJ a . thence South 89°56'S8n n an9~ point, bourt~ary of Lots 9 2 ~~ a dista~~ of 2fi9.61 feet to it's inters Wit and 13; ~(3- ~ ~~ ~ ~°,26'15°. ~/ SEGiNNING. ~. a d~tance of 32_t~ feed to t{~ TRUE Containi~ 7,452 square feet ' {Q.171 acres), nrore Or - St to eas~nents ~ ~~ and rights-of-waY of record and ecord. ~ ~~ ~~"i ~•-~°~:~~ . , not of r °~ `, -` Fox Land Surve `~ ~` ~~~ Timothy J. 1=o p ~ c- ~~ ~,..:. x, ~en#, i'reslde~ PLS 7612 ~ ~ ~ :y _ ~,~ //~~~ ~tYi3 OF ~ESC`RIPTION ~~ ~.,~ r~i ~~ ~. ~ W:IPROJECT'S~ppb}p~,,047_PR3~PROJEC'iIDFSORRIP'TIONSt6q 7gE~r~ODESC-DOC ~! WATER /SEWER ~ EASEMENT 1 17 18 w ~- - -~ oa , ( °~ °( ( 1 °o N ( ( \ S Oa°26'15° W z ~_ ~ ~ _ _ S 89°56'58" E 269.61' _ 32Aa' (N 89456'58° W 97.64' - - ( ~ w - - - _ N 89°56'58° W 171.75' ( / ii o - - )- --( - -ate- --- BLD~K~ -- ~I ~ - ~ z ~' ( ~ ( N I y~ a S o r 4. ~ N ~ O ~ 16 19 c( w ~Sp~ N( ( ~° N Vj J o y ~0~~' LqN~ z ~ L ~ ~~~y ~ STf~FO ~ ~~ ~ ~ ( ( ( ~ ~ old/ ( ~ ~' f p F ~~ ~ o 0 FRANI~I,IN RD. 7 g S 89°56`58° E 1272.81' 18 17 _ - - - - - - - - 5Q ~ SCALE: ,~ g=~. '~ FOX LAND SURVEYS INC. ~2as~ 342-7957 647SKETCH.DWG February 2, 2007 MERID{AN CITY COUNCIL MEETING February b, 2007 APPLICANT ITEM NO. ~J-IVI REQUEST Water Main Easement Agreement for Meridian Village by A8~H Investments AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CfTY 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: EmaBed: Staff Initials: Materials presented at pubpc meetings SIGN become properly of the Ctty of Mer>c~an. N Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File ~i,ECEIV~I~ JAN 2 2 20U6 City Of I~Ieridian City Clerk Oifice Date: 1/18/2007 Re: Proposed Agenda Items for 1/x/07 Ciiy Council Meeting The Public Works Departrnent respectfully requests that the following items be placed on the 1/23/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Merdian Village by ASH Investments. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Merdian Village by ASH Investments and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. City of Meridian Public Works Dept. • Page 1 ADA COUNTY RECORDER J. DAVARRO AMOUNT .00 5 SaISE IDAHO 02116107 01:~ P DEPUTY Neava Haney I~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~I~ ~ ~~~ RECORDED-REQUEST OF 1Ea70~~4~g Meridian City WATER MAIN EASEMENT THIS INDETITURE, made this ~( day of ~, 2U,~,~between ~~ /l ~ /f~s7 f~tl7S the parties of the first part, and hereinafter called the Grantors, and the City of 1Vleridfan, Ada Cody, Idaho, the party of the second part, and hereu~er called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right of-way across the premises and property hereinafter particularly bounded and descnbed; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received bythe Grantors, a~ othergood and valuable consideration, the Grantors do hereby give, gc~ar~t and convey untothe Granteetheright-of way for an easement for the construction, operation, maintenance, repair, replacemerrt of a water main over and across the following described property: (SEE ATTACHED EXEIIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allies facilities, together with their maintenance, additional connection thereto, repair and ~ at the convenience of the Grantee, with the fi~ 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 construction, malting repairs, performing other maintenance yr malting subsequent connection to the water line, Grantee shall restore the arm. of the easement and adjacent property to that existerrt prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area descn`t~d 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, trams, brush, or finial 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 agrce with the Grantee that shouldanypart oftheright-of-way and easement hereby granted shall become part of, or lie within the boundaries ofany public street, to such exteirt, suchright-of--way and Basemen hereby granted which lies within such boundary thereof or which is a part then~ij shall cease and become null and void and of no fiuther effect and shall be completely relinquished. Water Main Easement F.ASMTVt~TR1VtAIN P ~ • 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 rightto ooirvey 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 sib die day and year first herein above written. GRANTOR: A/~&/fH Investments, L.L.C. Member STATE OF IDAHO ) ss County of Ada } On this 1 ~ day of ~ ~ `^ "`~ ~'`f `'1 20? before me, the. undersigned, a N Public in and ~'Y for said State, personally ~ppear~l 1 ~ ~ ~" tf a*SL• hM1 ~' i ~ , known or identified to me to be the r+n$-~ b~ _, respectively, of the {' Limited Liability Company that executed the within instrumetrt, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tl~ day and year fist above written. •.•'• ••.~y '~~ NOTARY PUB~,IC FOR IDAHO * 130T,~~ • ~~t'~ Residing at ~-"'~'~~`^~-~~_ ~~~ ~' ~ Commission Expires: ,~~ ~ ~-cJi? ~ '9J8 O ,~: ~'••.. Op ID A~.~•`~ Water Main Easement EASMTWTRMAIN ~~~ GRANTEE: CITY OF MERIDIAN \>`~`\`e`~t~~tt tl t-I~yJrJii ~°~a ~ \ ~~ ~~~'~~s Tammy dew yor ~° T~ ~~ Attest by William G. Ber C~ erk '; ~ ,~ _~ Approved By City Council On: Jr~~ si STATE OF IDAHO, . ss. Coutrty of Ada ) ~'~- Onthis ~ ~ day of ~ 1~ (~{,~~ ZO i, ; before me, the luidersigned, a Notary Public in and for said State, personally appeared TAMMY D 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 execute<t the within instnuYtent, and acknowl~ged to me that ~ 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) ~~~ O41 Y~ 1i~A s~ Water Main Easement c ~h G~1 ~T? ~ ~ ~~ NOTARY PUBLIC FOR IDAHO Residing at• ~~/~~, , , ~ `~ Commission Expires: /'L~-~S =i1 F.ASMTWT1tMAIN Cascade Office PO Box 188 105 NMainStreet Cascade, Idaho 83611 Office:208-382902 Fax: 208 382-4~2 1Zennison Fodrea Engineers • Suraeyors • Planners ~~ 430 E. State St Suite 140 Eagle, Idaho 8'3616 Office: 208-938-2440 Fax: 2938-2441 DATE: 01/11/07 Legal Description For City of Meridian Water Easement Project No.:1618 A water easement situated in a portion of Lot 1, Block Z, Treasure Valley Business Center Su~iivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office of Recorder, Ada County, Idaho, located in the northeast one quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said water easement being graphically illustrated as Exhibit "B" attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found 1/2 inch iron pin on the south right-of-way boundary of E. Fairview Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°33'29" E, a distance of 260 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to the POINT OF BEGIIVIITING; Thence continuing a bearing of S 89°33"19" E, a distance of 20.00 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to a point; Thence a bearing of S ~°20'Ob" E, a distance of 81.34 feet to a point; Thence a bearing of S 45°20'06" E, a distance of 28.58 feet to a point; Thence a bearing of S 44°39'54" W, a distance of 20.00 feet to a point; Thence a bearing of N 45°20'x" W, a distance of 36.86 feet to a point; Thence a bearing of N 00°20'06" W, a distance of 89.89 feet to the POIDVT OF BEGIIVNING; The above described easement contains 2,366 square feet more or less, and being subject to and together with any and all rights-of-way and easements of record and / or use. Modification in any way of the foregoing legal description terminates aIl prepared that de~ription s' ~-ANn OF IUD" OQ- J. NG~~~ surveyor who R\Pmjecis\BRS A~hitecls\1618\Adn-in\LeBals\1618 Wah~nFasea-aikdoc ~ . 1818 lrl1.[i1aIT ~H CITY OF MERIDIAN WATER EASEMENT _ S89'33_29°E aW 694.13' o~. ;oo I ~ E. FAIRVIEW AVENUE c ew o 2 260' `~ S89'33'29'E 289.75' I I I 20.00' I o N0020'O6'W (I IO-' ~ ~ 89.89' ~ I n c LOT 1 BLOCK Z ~ I ~ I ' °~ TREASURE VALLEY Ism BUSII11E83 CENTER I l,2 2a, LOT 2 ~ o N45'20'O6'W+J ~s~'sE` ~ 36.86' ~ ~ ~ W ~S4439'S4'W ~ c . 2 .00 a N 3~ ~~ ~~~ ~ p V,F,A~,S~ 8 ~ SURVEY REFERENCES BUB. N 1~ SUBDIVISION, PAGES 47190-4792NTOEFR ~ BOOK 53 OF PLATS, RECORDS OF ADA COUNTY, IDAHO. ~ ~ ' 58933'29"E 290.00' LOT 4 LEGEND 60 30 0 60 t~RIZ0IVT ,AIL S N~1 ~~ '~ ~ ~~ BOUNDARY UNE LOT 1, BLOCK 2 ADJACENT PROPERLY UNE - STREET CENTER UNE - - - - - - - -EASEMENT UNE WATER EASEMENT SITUATED II1T A PORTION LOT 1, BLOCH 2 TREASURE VALLEY BU$IIVESS CENTER, LOCATED IN TSB NE 1/4 OF SECTION S, T. 3 N., R. 1 E., B.lYL, CITY OF MERIDIAN, ADA COUNTY, IDAHO FOUND HIGHWAY MONUMENT ~ FOUND 5/8 REBAR ~ FOUND 1 /2' REBAR Rennieon Fodrea, Inc. h~ngz~ers • Surveyors ~ Plaaness ~ia s: ~m ~ amt, ~. uo WATER MAIN EASEMENT ___.. THIS INDENTURE, made this ~ day of ~-r'`~ 20,~between ,~~ /l~V,..,~7 f 7 the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Cozurly, Idaho, the party of the second part, and hereinafter called the Grantee; . WITNESSETH: WHEREAS, the Grantors desire to provide a water main right of--way across the premises and pro~ty hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it wdl be necessary to maintain, service and subsequently connect to said pipeline from time to films by the Grantce; , m consi erahon o to recerv y , valuable consideration, the Grantors do hereby give, grout and convey urrto the Grantee the right~-f--way for an easement for the construction, operation, m~inr~.,a*~ reps, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and opertion of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replant at the convenience of the Grantee, with the free right of acxess to such facilities az any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grant, it's successors and assigns forever. IT iS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, Performing other maintenance or making subsequent connection to the water line, Grantce shall restore the area. of the easement and adjacent properly to that existent prior to undertaking such construction, repairs and irrtr~nan~p, 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. TILE GRANTORS hereby covenant atxi agree that they will not place or aliaw to be placed any permanent sttvcdues, frees, 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 exterrt, suchright-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished Water Main Easement EAS `~, .., - 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 subscn'bed their signatures the ~Y ~ Year first herein above written. GRANTOR A & H Investments, L.L.C. Member STATE OF IDAHO } ss County of Ada } on this l ~ aay of ~ Ci n ~ c-.~ 2U U 1 before me the undersi for said State, personally appeared ~~ ~'" ~s~ {-rn ~ o ~ ~~' a NOt~' ~'fic in and to be the ~7r-R-w. ~,.e~ ,known or identified to me respectively, of the ~' Limited Liability Company that executed. the within i~.stniment, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereurno set my hand and afI'ix~d my official seal the day and year fist above vYritten. e° ®eys` E w`4l s~ ~ ® ~ ~~` ~ A `naZ. ~BLIC 9 •• Water Main Easerneirt ~~~-- ~~~ NOTARY PUB~,IC FOR IDAHO Residing at ~~°"~.-c~.~, Commission Expires• ,~ ?.~,~ ~ EASMTWTRMAIN ~~ i!i Cascade office Rennison Fodrea Ea a ~~ PO Box 188 Engineers • Suraeyors • Planners 430 E: State St 105 N Main Street Cascade, Idaho 83611 Suite 140 Office: 208-382-4902 Eagle, Idaho 83616 Fax:2f18-382902 Office: 208-938-2440 Fax: 208-938-2441 DATE: 01/11/07 Project No.:1618 Legal Description For City of Meridian Water Easement A water easement situated in a portion of Lot 1, Block ~ Treasure Valley Business Center . Subdivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office of Recorder, Ada County, Idaho, located in the northeast one quarter. of Section 8, Township 3 1~TOrth,__IZaIIo__1~a~ct~Bnia® Meri ' o:E1l~eri _ _ being ~P Y ~ P hicall illustrated as Exlub~ ~B"-attached hereto amend by~this mentionmade a~ art her~f and being more particularly described as follows: Commencing at a found 1/2 inch iron pin on the south right-of-way boundary of E. Fairview Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°83'29" E, a distance of 260 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to the POIlVT OF BEGINNING; Thence continuing a bearing of S 89°339" E, a distance of 20.00 feet on said south right-of-way boundary of E. Fairview Avenue and the norti~ boundary of said Lot 1 to a point; Thence a 'bearing of S ~°20'O6" E, a distance of 81.34 feet to a point; Thence a bearing of S 45°20'06" E, a distance of 28.58 feet to a point; `Thence a bearing of S 44°39'54" W, a distance of 20.00 feet to a point; Thence a bearing of N 45°20'06" W, a distance of 36.86 feet to a point; Thence a bearing of N 00°20'06" W, a distance of 89.89 feet to the POINT OF BEGIlVNING; The above described easement contains 2,366 square feet more or less, and being subject to and together with any and all rights-of-way and easements of record and / or use. Modification in arty way of the foregoing legal description terminates prepared that description . surveyor who ;, o~o~ J. N~1~~ R\~je~\~ A~tects\1518\Admfrm\I,egals\1618 WaFasementdo~ ~~ LEGEND '-'°-' ~ ~ ~~ BOUNDARY UNE LOT 1, BLOCK 2 PROD. NO.: 1818 '~p~~~~~r~ p~ GA.[i.iDi i Dp CITY OF 11'iERIDIAN WATER EASE1ViENT - ---- _ S89 33_29"E ~' 694.13' ~o I ~ ~ E. FAIRYIEVV AVENUE ° 0 o cfl o 2 260' `~° ~. ~~ ~ S89'33'29'E 289.75° 20.00' I N 0 N0070'06'W II Ij° ~ I 89.89' ~ I~ c LOT 1 BLOCK 2 I I ~ I °~ TREASURE vALLEY I I ~~s BvsnvESS CENTER I l l2~soos; LOT 2 N45'20'06'W,+~ ~ 8' F ~ 38.86' ~ ~ I W S44'39'S4'W _ _ . NI ~ _ 20.00' ° o 3I z~ :nI 1 PLEA~iE TT o N SURVEY R13'FE_A..~NCES SUB. c°n 1 • TREASURE VALLEY BUSINESS CENTER SUBDIVISION, PAGES 4790-4792 OF I BOOK 53 OF PLATS; RECORDS OF I ADA COUNTY, IDAHO: I 58933'29'E 290.00' I LOT 4 -~ o ~ a Ar~a~i 60 30 0 60 HORIZONTAL SCALE Nr .FEET ADJACENT PROPERTY UNE - STREET CENTER UNE --------EASEMENT UNE ~, FOUND HIGHWAY MONUMENT ~ FOUND 5/8 REBAR ~ FOUND 1/2` REBAR WATER EASEMENT SITUATED IN A PORTION LOT I, BLOCK 2 TREASURE VALLEY BUS]NESS CENTER, LOCATED IN T~ NE 1/4 OF SECTION S, T. 3 N., R. 1 E., B1YL, CITY OF MERIDIAN, ADA COUNTY, IDAIiO Renngson Fodrea,, Inc. ~ngi~e~rs .surveyors . Plaaners tae _ ~.a e~ tm . an. am uo ~~ ~ ~ ~~~o February 2, 2~7 MERIDIAN CITY COUNCIL MEETING February b, 2(X?7 APPLtCANT ITEM NO. S-N REQUEST Water Main Easement Agreement for Sevoy Antiques by Paui Sevoian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: w Phone: ~rarr ~n~raais: Materiab presented at public meetings stroll become properly of the Ctly of Meridian. •. N Cosy tli~ Nlerodlall Pu~c Works Dept. Memo To: Mayor De Weerd ~ City Council Fns Kane Glenn CC: File ~te~ 1/25/2007 Re: Proposed Agenda !tams for 216!07 City Council Meeting City ®f 1VIeridian City Clerk Office The Public Works Department respectfully requests that the fol{owing items be placed on the 216/07 City Cour~il agenda, on the Conserrt A~nc~, for Council's consideration: 1) Water Matn Easement for Savoy Antiques by Pmt l Sevoian. Typical Water Main Easement. Recommended Council Action: Approve the Water Main F.~ement for Sevoy Antlgt~s by Paul Sevoian and auti~orize the Mayor to sign and City Clerk to att. 2) Sanitary Sevirer and Water Main Easement for Savoy Antiaues by Fain+iew Terrace LLC. Typical Sanitary Sewer and Water Main Easement R~mended Council Action: Approve the Sanitary Sewer and YVatar Main F_aserr~ent for Sevoy Antiques by Fairview Terrace LLC and authorize the Maya- to sign and City Clerk to attest. Thank you for your consideration. RECEIVER JAN 16 1007 • Page 1 ADA COUNTY RECORQER J. DA1~18ARR0 AMOUNT .00 BOISE IQAHO 02115/07 01:~ PM DEPUTY Neava Haney III I' II'I'I'I'I I ~ II I II I'~' II I' II' I'II RECORDEQ-REQUEST OF Meridian City i ~'~'~~~~~'~ WATER MAIN EASEMENT .~ THIS INDENTURE, made this ~ day of , 2~~ between ~t ~1L(~tL1Y1 _ the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Giantee; WTTNESSETH: WHEREAS, the GRANTOR desire to provide a water main right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the Grantee theright-of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj scent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR 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 GRANTOR hereby covenant and agree with the Grantee that should any part oftheright-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and Water Main Easement Sevoy Water Easement ~ !~° shall be completely relinquished. THE GRANTOR 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. GRANTO ~ Paul Sevoian STATE OF IDAHO ) ss County of Ada ) ~~ ~ On this day of ~ ~ n ~' 20~~' b fore me, the undersigned, a Notary Public in and for said State, personally appeared ~~ ~~= ~' ~ I ~ lmown or identified to me to be the person whose name is subscribed to the within instrument, and aclmowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. AIM L. C~Oi~ ~ .... ~ , (s~ ®~ 1 N TARY PUBLIC esi 'gat G . ~. ~"" - Commission Expires: ~'L^ r~ Water Main Easement Sevoy Water Easement GRANTEE: CITY OF MERIDIAN ~~ ,`t>>1tlfUtfltila~~~r, Tammy de Weer or ~.~ ~~~~~ ~~ ~° ~~'~. ®~ ~~~ /GGL---~ ~' ~ Attest by William G. Berg, ty erk ~ .~ .~ Approved By City Council On: '~~' qa STATE OF IDAHO, County of Ada ss. • On this ~~ day of ~~1'6 _G(JLG 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY de WEERD and WII,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...... (SEAL) . O ~ r NOTARY PUBLIC FOR IDAHO ~; : Residing at: "~ /. ~ o, ~ $ - ~d • 4~ ~ Commission Expires: /n ~ i ~- l f • e ~ ~ r °~~ ~ , A ®~~ ~~~ ~~ s~•~~ t'l~+~s~o Water Main Easement Easement Sevoy Water • EXHIBIT "A" WATER MAIN AND METER EASEMENT DESCRIPTION A water main and meter easement lying in the SW1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at a Brass Cap marking the S1/4 Corner of said Section 6, said Brass Cap bears N.88°09' 15"E. 2404.63 feet from a found Brass Cap marking the SW Corner of said Section 6; thence 5.88°09' 15"W. 298.43 feet along the south line of the said SWl/4 of Section 6 to a point; thence N.O1 °50'45"W. 52.96 feet to a point; thence N.00°07'20"W. 47.51 feet along the west right of way of E. Barbara Drive to the POINT OF BEGINNING; Thence 5.47°51'35"W. 62.54 feet to a point; Thence 5.88°09'15"W. 30.93 feet to a point; Thence N.47°51'35"E. 75.35 feet to a point; Thence 5.72°56'56"E. 5.56 feet to a point; Thence N.17°03'02"E. 9.32 feet to a point; Thence N.47°51'36"E. 4.49 feet to a point; Thence N.0°07'20"W.13.03 feet to a point; Thence N.89°52'41 "E. 10.00 feet to a point lying on the said west right of way of E. Barbara Drive; Thence S.0°07'20"E. 30.94 feet along the said west right of way of E. Barbara Drive to the POINT OF BEGINNING. Said easement contains 1726 square feet, more or less, and is subject to all existing easements and right-of--ways of record or implied. 50704 Onsite water easement description 052406Imm.doc ~r,_ __ ~ ea~° EX~-I 18 I T "8" N' ~rf ~i i zx,,~a--- 6 ® N~N'52'40~ 44.00' _.._.._.._ f.._.._. _~ ._.._ ~.._.._.._.._ LYNN DR. I I __ _ __._ I , _.~_ _ ~__._. ~~ I ~i ~' ~ 1>~ 'oi i~ .j lVl (W 31 IN 50 ' 25 0 50 100 150 ' I I$ ~I I~ E~ $I ~, I ~ SCALE IN FEET ~' Z ~ ,° __ N 88'44_48°,~__ ~OaQO___ r -~ ~~ _ L__ N 88'4448 E___ /~ 100.50' -_I ~- SEWER AND WATER MAIN EASEMENT ~ ; ~ ~ ~X. i IN FAVOR OF MERIDIAN CITY i ~m ~,/ ~^ m N ~~•~ ' i / I W ~ N 89'52'41°E 10.00' i ~~ i LNG\NEER ~ w ~~~ N 0.07'20°W °^:,I.. ~ ~ ~N ,~ 13.03' u ,r b ~" ti S T F ~O ~I ~~ N 47.51'96'E ~~ ' ~ ~ by RHO `rG ~ ~ 4.49' ~ 4i 2/ N 17.03'02"E Z: ( o ui ; 9.32' 'l I. ; ~ ~ G1 ~ I ~ F~VF S ~'~°E ~oR If p ` ~ ~ L ll/~a ~ ~ N FAV~i pFM/p REFS Top o ~' POB I ~~ l J 0 F ~ ~ ~P a h ham. eq /~/ ~ i ° I ~~ OA8 ~ ~~ ~ a~~. 1' 3j e'a / ~ \i k I ' • N 88'09'15° E 129.15' I __ -__...____-__- _ S 88'46'03° W ~_~ _ ~~ ' .-_~.- ~-- - i -~ 126.22' -- 7.05' ... 6.31 ~,, S 88'0°1'15° W _ ~ L ~ ~ @ 30.93' ~ ~.. ZI °~ m,r~ oI N ~3w ~r'\ o~_ ¢~~~ ?aGPQ~~`1~ FAIRVIEW AVENUE ~I I ..II p`~ ~ I S I/4 C,OR. SEC. 6 F _ ~' ~~~ _ _ -298.43' - _ _~- - mIm ~Qb~ - _ A 2106.20' _ _ ~~ - ~ FOUND I 6 --~\V~ N 88.Oq'15° E 2404.63' BRASS GAP 12 7 GPtF No. 103121926 „' 5/12/06 KER ~ ~ ~ ~ r+~-vv~ r+w i IurVLJ i /.~^ -^ J.J. HOWARD FAIRVIEW TERRACE MOBILE HOME PARK fNGINm41rYG / SURVE)7NG ~' °~ ~' ~~ ~~ WATER MAIN AND METER EASEMENT ~ c ~,1i.,~, ~/~ ~, ~ ~ aa-ma 1 ° 50° KER Meridian City Fxhibit FSe.wn ~ P!f c l WATER MAIN EASEMENT THIS INDEATI`iJRE, made this _ day of . 28 between :~. 4 i ~~ir~ _ the parties of the fast part, and hereinafter called the GRANTOR, and the City of Mer[dian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantce; WITNESSETH: WHEREAS, the GRANTOR desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded aad descn'bed; and WHEREAS, the water main is to be pnouvided for through an underground pipeline to be constructed by others; and WHEREAS, it will be tuxessary to maintain, service and subsequently coanect to said pipeline from tirtu: to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the Grantee the right-of way for an easement for the construction, operation„ maintenance, repair, c~eplacement of a water main over and across the following described property: {SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with theirmaintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, iYs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, perfornung other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything Placed within the area described in this easement that was placed there in violation of this easement. THE GRAN'T'OR hereby covenant and agree that they will not place or allow to be placed any permanent structures, bees, brush, or perennial shrubs or flowers within the area de~ribed for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the Grantee that should anypart 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 caease and becotne null and void and of no further effect and water Main Easement savoy water Easement shall be completely relinqui~ied. THE GRANTOR 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 Canvey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the Lawful cleans of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscnbed their signatures the day and year first herein above written. GRANTO r Paul Sevoian STATE QF IDAHO } )~ County of Ada } ~h r-^' . On this day of , J u n t' 2t~' fore rte, the undi±rsigned, a Notary Public in a~ far said State, personally ~~ ~ v ° i °~ . kaown or identified to me to be the peason whose name is suhscn~d to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal the day and year fist above written. JIM L. CRAill~t?~ ~}- PllB-dC tS S~~Of t~MO Water Main Easement Sevoy Water February 2, 2007 MERIDIAN CITY COUNC{L MEETING M February 6, 2007 APPLICANT ITEM NO. S-O REQUEST Sanitary Sewer and Water Main Easement Agreement for Sevoy Antiques by Fairview Terrace, LLC 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 atMched r' ~ Date: Phone: Sfaff Initials: Matertals present®d at pubac meeMngs shah become property of th® CNy of Meddfan. Memo the Mayor De Weerd ~ Clfjr Coundi a~io~te Ke#ie t~enn OC= Fie Lee 1/ZS/2007 Re. Pn~sed Agenda Ih+rns f~ ?J~J07 C'dy Coundi Mestir~ JAN 162007 O#Meridi~n Ciiyy Clerk 4:ffice Tina Pubes Wi~lcs Deparbnent respecxluily naquests that the foAow~g be pieced on ~ ~7 Cit3- Courw~ aka, on ttw Consent Agmtda, for Cour~il's aons(den~fion: 1) Water Mein E~etnent for ..Y.~9~.t~X ~• lypi~l VIfa13Br Male EFt. Recanrnsnded Courmil A-cEion: Appvvr the Wier Morin E~ment for Ssvoy Ae~e t!y Paul Ssvoitm and ~Ihor~ the Mayor f p- ~ a~ CitS- Cle~it to rsl~t. 2) - ~~-~iYa~r Main Easement fbsgX,~ by Fairvi Ti,~rr ~e LLC. Typioai ;3at~tary Sewrar and Waller Main Easernant. Recommended Camcq Action: A~pprarvs the Sammy t3~ and Mater Main Eaamrmnt for Savoy A Eby Fairview Terrace LLC and autl~vriee the Manorbas~n and City Cimit~ att. Thank ya, f'or your ~. N RECEIVED • Pape ~ ADA COUNTY RECORDER J. ~ NAVARRO AMOUNT .00 BOISE IDAHO 0?!16/07 01:~ PM DEPUTY Neava Haney II I I' II'I'I'I II I' II' II I'I' II I'~I I ~'ll RECORDED-REQUEST OF Meridian City i ~~~~~~'~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of 2between ~ '~~ \~~,~t ~~ ~\~E g, e parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT I5 EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area. of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring', anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Easement Fairview Terrace SW ~ ~ 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 Iaereby 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 fiuther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretary ~~^ , ~~ D~tl®un~ STATE OF ) -k.'~ie,r ss County of-~a ) On this ~~ day of ~ , 20~, fore me, the undersigned, a Notary Public in and for said State, personally appeared and ./~ / ,known or identified to me to be the ident and -~ Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~ YOL4NDA G. MARTINEZ Comm. ~ 1457929 N ~~ N ~~oco°w N my cow. sxvee, oec.2a.soo~'' Sanitary Sewer and water Main Easement Easement OTARY PUBLIC FOR ~~mfo.~ esiding at: Commission Expires: ~~ ~- ~ Fairview Terrace SW ~a~aa r" GRANTEE: CITY OF MERIDIAN Tammy de Wee ayor ~ _ -~ _ - .~~.~ ! - .~~ ~ ~` Attest by William G. Be , Jr., City Clem-, ~,~ ~' ~~~ ° b~` Approved By City Couucil On: ~ ~' h~ , •~o°°~ ~~ STATE OF IDAHO, ) . ss. County of Ada ) ~ da of ~~ ~ this Y - ~' 20¢x, before me, the undersigned, a Notary Public in and for said State, personally appear ammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,5~2 cL'~ ~~ti~-~ NOTARY PUBLIC FOR IDAHO Residing at: "~~ l~~ ~ ,. ~ c~ Commission Expires: / p •-/ ~ = ~ OF ... Sanitary Sewer and Water Main Easement Easement Fairview Terrace SW • • EXHIBIT "A" SEWER AND WATER MAIN EASEMENT DESCRIPTION A sewer and water main easement lying in the S W 1 /4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at a Brass Cap marking the S1/4 Corner of said Section 6, said Brass Cap bears N.88°09' 15"E. 2404.63 feet from a found Brass Cap marking the SW Corner of said Section 6; thence S.88°09' 15"W. 298.43 feet along the south line of the said SW1/4 of Section 6 to a point; thence N.O1 °50'45"W. 52.96 feet to a point; thence N.00°07'20"W. 150.15 feet along the west right of way of E. Barbara Drive to a point; Thence N.88°44'48"E. 15.00 feet along the north right of way of E. Barbara Drive to the POINT OF BEGINNING; Thence N.00°07'20"W. 121.10 feet to a point; Thence N.89°52'40"E. 44.00 feet to a point; Thence 5.00°07'20"E. 120.23 feet to a point; Thence 5.88°44'48"W. 44.01 feet to the POINT OF BEGINNING. Said easement contains 5309 square feet, more or less, and is subject to all existing easements and right-of--ways of record or implied. 50704 Sewer and water easement description 0501061mm.doc P~~e® FX~I 18 I T "8" h, N 0`~ F I _,~~ `;~ ® N I i~'52'40~ L -_ -..-..-..- _..-..-..-~ 44.00' ~..-.._..-.._ LYNN DR. I I ~L ~~ ~.~ I I ._ .~~r..~.° `~ IA IN E(NI ~~ IW T ! I IN 50 ' 25 0 50 100 150 ~i ~I '~ I$ $ I 44' SCALE IN FEET ~; ~ ~ .01' N BB'44_4B_E N 88'444¢°x__ ID;tp -- 15-~-- ~'~ ---- --- /~ 100.50' i I / 1 SEINWEFAVORDOF MERIDIAN GETMEMENT 1 N gyp' ~ II' 1 I / I 1 N 89'52'41•E (~ W I 10.00' it ~a 1 W 1 ~\NEER o ~%~ N O'07'20"W °, I _9 ~~ 13.x' ,g.Il~ b ~ I ~qti o I P~ N 47'51'36'E e. ' N , `p F~ O g I % 4.49' 1 -- i yy FQ ~ N tT03'02'E z~i 'I N ; 9.32' ~ ; '~ ; 471 A / S 7286'56'E a ~~4 I ( HT~~'~~~'~FCk~ 5.56' WIO~! I.a I L N~ ! i~~il~ -O Q 2~ A~~'~gNO ~~ TOp o ~' "9~ 9rF \oP ~ a\ N h~ I ~ 0 F ~P I s ? ~ ~ry~i1` 1 mr i ~ ~,\ \`\`` ~~~~ol~ b I I! p I 4 I 1 ~`~ ~ / I I to l ` 1 I '~ N 88'09'15° E 129.15' 6.31' 126.22' 7.05' B 88'09'15° W _.s'.'-`I I _. O L ~ m _ ~ 30.93 W ~~-_" .. ~zmlm Z SIN 3 ui ? `aryl ~ I . ua7 ~ ~ ~aLPdy~~Y FAIRVIEW AVENUE u~+y~ I ~ m Im 0QP~~°~ f I 9EC 60R. FI- ~-~ ~-_-_298.43'- _~-~~- - I 6 Q - _ p 2106.20' - - - - - 12 7 'IVY--- N 88'09'15° E 2404.63' FOUND BRA55 CAP CPbF No. 103121926 a>E: ~9GN BY: SHEET: ~ ^ ^ SEVOY ANTIQUES / J.J. HOWARD s/,2/o6 KER ~ i ~ FAIRVIEW TERRACE MOBILE HOME PARK avan~uvc / su~nvc ~: DRAtYM er: oRawwc Ro. ~cm*~v.~.,smror~,risa~se°saapmyee~m 1" 50° KER Meridian City Exhibit WATER AND SEWER EASEMENT ~~~ N ,~" N SANITARY SEWER AND WA NIATIIT EASEMENT THIS INDENTURE, ride this day of _ . 20 betw~n ~ 1 s ~~t~i ~ ; r :tl ~ lie patties of the fast part, ~ hereinafter caned the Grantors, and the City of Meridian, Ada County, Idaho, the party of the pond part, and hereinafter milled the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be t+eceived by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and, convey unto the Grantee the riglrt-of-way for an ~sement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary mower and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. iT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing oilier maintenance, Crtantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Granter shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Mann Easement Fairview Terrace SW Easement N N THE GRANTORS hereby covenant and agree that they wiU not plane or allow to be planed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the u~ of said easement, for the purses stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby gremted 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 nu11 and void and of no further effect and shall ~ 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 ~i~ITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Secretaty r STATE OF!!il~Hp ) ~YVa Cx'rf1~'q~ ~ County of~la ) On this ~~ day of ~utt-e-- . 20~,~efore me, a undersigQed, a Notary Public in and for said Stale, personally appeared ~'~r~ --r.-e aml / known or identified to me to be the ident and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHER~AF, I have hereunto set my hand and affixed my official seal the day and year fist above whiten. ~~YOIAAtpA 6. Coffin. +f 1451929 w an 'Y Sewer and water Main Easement F,t OTARY PUBLIC FOR-il~Id i~i"~r,~t~ ~,,, 'ding at•~o rtc. . C. u~ ~v1 Commission Expires: > ~ c: Fairview Terrace Sw GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk N Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of 2005, before me, the undersigned, a Notary Public in and for said State, personalty 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 fast above written (S~) NOTARY PUBLIC FOR IDAHO Residing at• Commission Expires• Sanitary Sewer and Water Main Easement Fairview Terrace SW Easement •! ~M EXEiIBIT "A" SEWER AND WATER MAIN EASEMENT DESCRIPTION A sewer and water main easement lying in the S W 1 /4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada. County, Idaho, said easement being more particularly described as follows: Commencing at a Brass Cap marking the S 1 t4 Corner of said Section 6, said Brass Cap bears N.$8°09' 15"E. 2404.63 feet from a found Brass Cap marking the SW Corner of said Section 6; thence 5.88°09' 15"W. 298.43 feet along the south line of the said S W U4 of Section 6 to a point; thence N.01°50'45"W. 52.96 feet to a point; thence N.00°07'20"W. 150.15 feet along the west right of way of E. Barbaza Drive to a point; Thence N.88°44'48"E. 15.00 feet along the north right of way of E. Barbara Drive to the PO1NT OF $EGIlVNING; Thence N.00°47'20"W. 12l .10 feet to a point; Thence N.89°52'40"E. 44A0 feet to a point; Thence 5.00°07'20"E. 120.23 feet to a point; Thence 5.88°44'48"W. 44.01 feet to the POINT OF BEGINNING. Said easement contains 5309 square feet, more or less, and is subject to all existing easements and right-of--ways of record or implied. 50704 Sewer and water easement descripti~ 0301061mm.doc EX+~ 181 T "8" 1V I O N M87~O' @ LY~1 OR. I I J I I'A I I~ T ~I -~ I so ~ zs a so goo Asa 31 I I In I .~' I scar iN Fear Z . 1 ~I ~1 ~~ ~I N BB'44 ~' E GR ~ I ~ N e~rsrrE ~ I ~.~ ~~ , w' N o arzmw ' ~' N o,~ ;I w ~ " ~ E ~ ,~ ~ s ~~~ ,' I T 4g ~V'~+AI ~ CR~ ~, I I /y~1~~j~,_ ~ ,,`,,,~~~~ ~ O I ESL ~~ mleZ{ t~ h- I2 7 LS 8D'O9'PS' W ~ 3p.~B' ~ ~ s._. ~ .S ~~ ° OI { I ~ ~ r 1 FAIRYIE%~ AVEBUE ~ ~ Y _ t ~ ~ .- - 29B.A3' -- 9 V4 GOR. _ _ 9EC. 6 - - - ~ N 88'O°Pt5' E 24.63' ROUND E9~455 CAP GPtF No. Iff3121926 ~' i J.J. HOWARD °~ ~+ s/ix/~ ~ ~ ° JR ° > > FAIRVIE6V TERRACE 1`tO81LE IaDME PARK ~: Bw oo. ~c~.rrr~ ro t" = so' KER ueri~an Cdy Ewlubii WATER AND SEWER EASEMENT February 2, 20(}7 MERIDIAN CITY COUNCIL MEETING February 6, 2007 _ APPLICANT ITEM NO. S-P REQUEST Water Main Easement Agreement for Precision Log Homes by Precision Craff Log Homes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aRached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CfTY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT `' : y ~ MERIDIAN SCHOOL DISTRICT: ~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: i Materials presented qt public meetings shall become property of the Cify of Meridtan. . AQA COUNTY RECORDER J. DA~VARRO AMOUNT .00 BOISE IQAHO 02/16/07 01:~ P RE OROED~ REQUEST OF ~II I'~I'~'~'I~~~'I~~I~~~~~~~~~~~~ ~ ~~~ Meridian City 1 i~~~~~~~~ WATER. MAIN EASEMENT THIS INDENTURE, made this day of 20~between ~ ~ the parties of the first part, and hereinafter called the Gran ,and the City of 1Vderidian, Ada. County, I o, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed. within the 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 descnbed for this easemen, which would interfere with ~e use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further water Main Easement EASMT wTR MAIN.doc • s 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: on this a~ .day of ~,C,~h11 l~t~ , 20~ bgfore me, the undersigaed, a Notary Public in and f r said State, personally appealed ~ b and ~.~inrs 1 ,known or identified to me to be the President d Secretary, respectively, of the !corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and aff~ed my official seal the day and year fist above written. ~a~s- »K r~8 ' Np~, ~ ~'~ O a .ems ~i. '~ b • $~IC water Main Easement N ARY P CFO IDAHO Residing at i 2. ~ Commission Expires: , 5 • o? /- / [j MAIN.doc EASNrr wTR STATE OF IDAHO ) ss County of Ada ) • GRANTEE: CITY OF MERIDIAN a~a~~u~~u~atu~dJa~ .`°~,4~`` ~ '','esB1O° ~~ a Tammy de We Mayor ~ e~~~fl~~~ ,= e3.14m:~~ Attest by William G. Berg, City Clerk r ~ .~ e Approved By City Council On: ~ ~'~~~e prea aa~me~®e'~ STATE OF IDAHO, ) . ss. County of Ada ) On this day of ~ ~~ ~ f 20~ ? before me, the undersigned, a Notary Public in and for said State, personally appeared T 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) ;$v -""~ . ; a e . ; • .~ a~®.o• Water Main Easement ,1 0 /,, ~ ~ V (Gi. t~? ~'~ ~.c-fG. NOTARY PUBLIC FOR IDAHO Residing at: ~~"~ 1~;=~, ~~~ Commission Expires: / Q -~ lS~.- // MAIN.doc EASMT WTR ~~ • s Legal ®escri~ation Precision Craft Water Easement An easement for the City of Meridian for water located in a portion of Lots 5, and 6 of the Onwiler Subdivision as shown in Book 8 ofi Plats on Page 378, records of Ada County, Idaho, being located in the NW '/ of the SE '/s of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Corvrrnenciing at a brass cap monument marking the southwest comer of SE '/a ofi said Section 7, from which a brass cap monument marking the northwest comer of said NW "1 of the SE'/~ bears N 0°35'04" E a distance of 2641.34 feet; Thence N 0°35'04" E along the westerly boundary of said SE %a a distance of 1919.26 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly boundary S 88°30'19" E a distance of 424.12 feet to a paint; Thence S 1°29'41" W a distance of 33.00 feet to the POINT Of Thence S 88°30'19" E a distance of 208.03 feet to a point; Thence S 0°29'41" VU a distance of 73.11 feet to a point; Thence S 89°30'19" E a distance of 17.00 feet to a point; Thence S 0°29'41" W a distance of 20.00 feet to a point; Thence N 89°30'19" UV a distance of 37.00 feet to a point; Thence N 0°29'41" E a distance of 73.46 feet to a point; Thence N 88°30'19" W a distance of 188.03 feet to a point; Thence N 0°29'41" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 5966 square feet {0.14 acres} and is subject to any other easements existing or in use. `O~pL LA /~~ S Clinton lAf. Hansen, PLS ~~ ~S ~ '~ Land Solutions, PC ~ January 11, 2007 ~ 11118 ~ N~//tt>I~7 z ~ <~ qlF o F ~pP mkt ti~o~ ~ ~A~ ~~~~~~ ~,ti1/~i1 ~/~ Precision Water Easement C~--'"~wSe~aco,~wimre Job o. 07-09 ~ • o ~~ MfSB4 ~E11C REiIlP/iVG ~ ~r'v N 0:3504' £ 2641.34' n ~ ~ 1919.26' 722.OB~ v A ~ ~ a a • !~ O 2 ~ o ~: n`~, N 4 ~ ' y ~ A .369 49' 4D D0• p ~; N 0:30'49' E ip ,' n _ ~: m :~ s ~ ~ `=' ~ ~' ~ ~' 4 ~- O y ~ $ W y ~ 20 Z ~ ,~ r u ~ ~$ m~ ~ Ul I I a ~ 'n y I I o0 a ~~r ~~ 2 ~ ~z ~~w~r~ ~I I~ ~ o~ g~ ~~ I^~ ~ o ti ~ ~ ,~ z ~ ~i ( ~ ~ m --{ ~~ ~o o~a~wz~ ~~p, ~_yI ~ o o~ /~m~r~~ ~ ~ O O O 6 0 O .'~,~ ~ v~ Sal Ifs = Q _ ~' ni ^~ ~ ~i I ~ 0 m a ~ `' ~ " ~ 4- J I o t/1 ~~ ~o~o~ ~ Lr ~ ~ z m d w c~ w pig r" ~ ~ 7 ~ t ] ' OA ~ N ~ ~~ ~ ~ oo ~~~W ~ l' gg m V~~ ~ ~ ~ o ~Na~ ~ O ~^C ~ ~~~~ ~ ~ ~N1 V y ,a ~ ~. ~® 409.49' n S 030%19 ° N' O 3 C r+ 5 ,IN EASEMENT II1G luaa ~qaa, a~,w .....~....._~- ---- betare~-`Y~~ ~ the Parties of id iiy of 1Vleridiaa, Ada Cou~riy, I ,the party of WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way acrces the premises and Property hereinafter particularly bounded and described; and WHEREAS, the water main is to ~ provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be nceessary to maintain, service ar-d subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to ~ 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 construction, operation, maintenance, repair, mplacement of a water main over and across the following describes property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additio~l connection thereto, rte' a~ replacernem at the convenience of the Grantee, with the free right of aa:ess to such facilities at any and all times. TO HAVE AND TO HOLD, the ~ easement and right-0f-way unto the said Grantee, ifs successors and assigns forever. [T IS EXFRESSLY UNDERSTOOD AND AGREED, by and between the Parties hereto, that after construction, making re,~irs, performing other mainterraa-ce or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to filet existent prior to undertaking such cx»>stne~, ~ maintenance. However, Grantee X11 not be responsible for rig, replaeiug ~ 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 permane~ structures, trees, bn>sh, or p~°ial shru>~ or flowers within the area described for this e.~ement, which would interfere with the use of said easement, for the purpcees stud herein. THE GRANTORS hereby cover~rtt and agree with the Grantee that should airy Part of the right-of- ~Y ~ t h shall' Part o1; or lie within the boundaries of any Public street, then, to such extent, each right-of--way and easement hereby gisnt~ which lies within such bouridaory thereof or which is a pact thereeof, shall cease and became nnt! and void aid of no further EASMT WTR Water Main Easement MAIN.doc the second peat, and hereinafter called ttx: Grantee; GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Counci} On: STATE OF IDAHO, ) . ss. County of Ada ; On this day of , 2U~ 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, oral who executed the within instrument, and ackrrowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires• Water Main Easemet-t EASMT WTR MAIN.doc N ~ February 2, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT February 6, 2007 ITEM NO. 5i-Q REQUEST Change Order No. 1 of Contract with JUB Engineering for Design of Water 8~ Sewer Improvements in Conjuncflon with ACRD Ten Mile, Franklin to Cherry Project for a Cost of $5,000. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: g~ attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRIGT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. t! Ci ty of Mer idi an Pu bl ic Wolr ks D ept. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File, Len Grady, Keith Watts Date: 1 /22/07 Re: Proposed Agenda Item for January 30, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 30 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 1 of Contract with JUB Engineerina for Design of Water and Sewer Improvements m Conunction with ACRD Ten Mile Franklin to Chenv Proiect This change order of $5000 covers the extra work of providing conflict analysis and plan changes for ACHD design work and plan changes to address a new gas line. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 of Contract with JUB Engineering for Design of Water and Sewer Improvements in Conjunction with ACHD Ten Mile, Franklin to Cherry Project for a cost of $5000 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 CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE ~/~~~~ 7 EFFECTIVE DATE Z//-7© 7 OWNER _ City of Meridian CONSULTANT JUB Enameenna. CONTRACT: Ten Mile. Franklin to Chenv Desian ENGINEER City of Meridian Description: This change order consists of the following work: Supplemental request covers additional work of: • Conducting conflict analysis between e~dsting and proposed utilities, recommending changes to ACRD to avoid having to redo new work, and making changes to plans. • Changing plans due to interference by new gas line. CHANGE IN CONTRACT PRICE: Original Contract Price $ 12037 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 12037 Net increase (decrease) of this Change Order: 5000 Contract Price with all approved Change Orders: 17037 RECOMMENDED Kyl a ek, PE Staff Engineer Date: / ~~ ~? 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) ~~1,9ne4otr!!ry! APPROVED Tammy a eerd, Mayor Date: 2 ~l Z ~D 7 ve~° ~'°i °~. ~~ ~ ~i /L~v s~ J - .rf~ William G. Beig, Jr, City ; al~ _ Date: ~ ~ f2 " ~ ~ \~ ~ s '''i'//~119i1JP449t1 1i910~a~i,4~a,~\ Approved by City Council: 2 - ~ ~0 7 EJCDC 1910-S-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. • CHANGE ORDER NO. 1 No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER _City of Meridian CONSULTANT JUB Encameennp CONTRACT: Ten Mile. Franklin to Cherry Design ENGINEER City of Meridian ' Description: This change order consists of the following work: Supplemental request covers additional work of: • .Conducting conflict analysis between existing and proposed utilities, recommending changes to ACRD to avoid having to redo new work, and making changes to plans. • Changing plans due to interference by new gas line. CHANGE IN CONTRACT PRICE: Original Contract Price $ 12037 Net Increase (Decrease) from previous Change Orders- II No. _ 0 to 0 : $ 0.00 Contract Price prior to this Change Order: $ 12037 Net increase (decrease) of this Change Order: 5000 Contract Price with all approved Change Orders: 17037 RECOMMENDED v Kyl ek, PE Staff Engineer Date: / ~~ ~~ Approved by City Council: APPROVED ~~ CHANGE IN CONTRACT TIMES: - ~~ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net charge 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) Tammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. ~ ~ February 2, 2QQ7 MERIDIAN CITY COUNCIL MEETING February 6, 2r~7 APPLICANT R~ ~. g-R REQUEST Public Works Change Order No. 4 for Water and Sewer Improvements in Conjunction wrkh the Locust Grove Grad Se~lration for a Cost of $56.652.t~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUdLDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: COMMENTS See cftached 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 pubUc meetings shall become properly of the City of Meridian. Ci ty of Mer id ~~ ia n Pu bl ic Wolr ks D ept. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~/Z CC: File, Keith Watts Date: 1 /26/07 R,ECEIVE~ SAN 2 6 2007 City Of Meridian City Clerk Office Re: Proposed Agenda Item for February 6 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 6 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 4. Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separat~on• This change order adds a sewer and water main to the old Bentley Road and sewer and water services to serve the property at 1625 Bentley Road. It is required by the right~f--way agreement negotiated by ACRD. Since ITD is administering the Grade Separation contract, ITD will reimburse the City for this work. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 4 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a cost of $56,652 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 i ~ CHANGE ORDER N0.4 DATE OF ISSUANCE ~/~~ 7 EFFECTIVE DATE ~-/ ~P/G 7 ,r OWNER Citv of Meridian CONTRACTOR: Cascade Pipeline Corooration CONTRACT: Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation Description: This change order consists of the following work: • Provide new sewer and water main on old Bentley Road north of 1625 Bentley Drive. • Provide sewer and water service to the residence at 1625 Bentley Drive. • Abandon septic tank at same address and perform miscellaneous removals and restorations. • This change order is a result of late right-of-way negotiations with the property owner and the City will be reimbursed for this work by ITD. CHANGE IN CONTRACT PRICE: Original Contract Price $ 212.198.00 Net Increase (Decrease) from previous Change Orders No. ~ to ~:3: $ 21.530.00 Contract Price prior to this Change Order: $ 233.728.00 Net increase (decrease) of this Change Order: 56 652 Contract Price with all approved Change Orders: $ 290.380 RECOMMENDED APPROVED J Kyle Radek, PE Staff Engineer Tammv rrt Date: ~ ~~ C Date: Approved by City Council: 2 - ~ - O 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) oa``~~ uu,,;.,,,,ATTEST yR~ ~ df~j !F ° 1'/lfi Berg, Jr., City ~ ~ ~ Da ~~ZS~® ~ ~~~ 0 r~~s ~ ~ `i4~~ '/'1'11 /1/118 It114g9~i`~r EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Constructlon Spedflcations Institute. • • February 2, 2f~7 MERIDIAN CITY COUNCIL MEETING Februaary 6, 2007 APPLICANT ITEM NO. S-S REQUEST Public Works Change Order No. 2 far the Pine Interceptor Sewer /Ten Mile Sewer Project with Bodiford Construction, Inc. for $75,650.80 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: see attached CITY PLANNING DIRECTOR: CffY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha8 become properly of the CNy of Meridian. • • • - • , ~ ~ ~-• Memo =~~~~~~ ~. ~ ,~ i~ r .. . To: Will Berg; Tara Green ~~''~, From: Max Jensen, Engineering Technician ~T~y ®~I-~erfoYfa CC: Len Grady, P.E,, City Engineer City Clerk ®ffac~ Date: 2/01/2007 Re: Proposed Agenda Item far February 6, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 6 City Council agenda, under Consent Agenda, for Counal's consideration: Change Order No. 2 for the Pine Interceptor Sewer /Ten Mile Sewer oroiect Additional work was requrred for the complefion of the Pine Interceptor Sewer /Ten Mile Sewer project. This final change order consists of the following work, which is 0.04% of the original contract amount for the project. This makes the total changes from Change Order No. 1 and 2 equal to 0.15% of the original contract amount. • Additional materials required due to field conditions and ACRD requirements. • Widening of asphalt path. • Sewer clean outs needed to be placed every 100', plans detail every 1 ~'. • Silt fence in Fuller Park was vandalized and replaced several times. • There were more signs in Fuller Paris to be removed and reset than planed. • Extended future services past newly acquired ACRD R.O.W. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Pine Interceptor Sewer Ten Mile Sewer project with Bodiford Construction, Inc for 75 650.80 and authorize the Mayor to sign it. Thank you far your consideration. Please oonract me if you have any questions regarding any of these items. Max S. Jensen City of Meridian Public Works Department Engineering Technican 898-5500 ext 256 • Rage 1 CHANGE ORDIER N0.2 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: NA Ready for final payment: NA (days or dates) Net change from previous Change Orders No. 0 to No. 0: Substantial Completion: NA Ready for final payment: NA (days) Contract Times prior to this Change Order: Substantial Completlon: NA Ready for final payment: NA (days or dates) Net increase (decrease) this Change Order. Substantial Completion: NA Ready for final payment: NA (days) Contract Times with all approved Change Orders: Substantial Completion: NA Ready for final payment: NA (days or dates) DATE OF ISSUANCE EFFECTIVE DA' OWNER Citv of Meridian CONTRACTOR Bodiford Construction. Inc. Contract: Pine Interceptor Sewer /Ten Mile Sewer Project: Pine Interceptor Sewer /Ten Mile Sewer OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER J-U-B You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: • Additional materials required due to field conditions and ACRD requirements. • Widening of asphalt path. • Sewer cleanouts needed to be placed every 100', plans detailed every 150'. • Silt fence in Fuller Park was vandalized and replaced several times. • There were more signs in Fuller Park to be removed and reset. • Extended future services past newly acquired ACRD R.O.W. Reason for Change Order: Miscellaneous requests for change were incorporated into this project. CHANGE IN CONTRACT PRICE: Original Contract Price $ 1,742.334.00 Net Increase (Decrease) from previous Change Orders No. 0 to 1 $ 178.843.25 . Contract Price prior to this Change Order: $ 1 921.177.25 Net increase (decreas®) of this Change Order: 75.650.80 Contract Price with all approved Change Orders: $ 1.996.828.05 REC MME ED: By. Max ,Eng. Tech. Date: 2 •/-v ~ Approved by City Council: EJCDC 1910-8-8 (1996 Editl~ Prepared by the Engineers Jc Construction Specifications Institute. APPROVED: my de Weerd, Mayor No. 2 ATTEST: sy: William G. Berg, Jr. City Clerk Date: _~t by The Assodated General Contractors of Ameriq and the • • February 2, 2Q07 MERIDIAN CITY COUNCIL MEETING February b, 2~7 APPLICANT ITEM NO. S-T REQUEST Task Order #0664 with Civil Survey for Design and Construction Oversight Services far Cherry Lane Mobile Home Parks Wa#er System Upgrades for ~15,135.~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: Cf1Y ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CffY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE GOMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emaited: Date: Phone: Staff Initials: Materials presented at pubUc meetirtgs shag becom® properly of the CMy of Meddlan. TASK ORDER N0.0664 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN DESIGN AND CONSTRCUTION SERVICES FOR CHERRY LANE MOBILE HOME PARKS WATER SYSTEM UPGRADES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services per the Engineer's proposal dated 11/8/06, attached. TASK 0664 -Design and Construction Oversight Engineer will provide design services and construction oversight necessary for completion of the water improvements in conjunction with the above referenced project on a time and materials basis with a not to exceed amount of $15,135.00 without prior approval of the City of Meridian. a TIME OF COMPLETION Engineering services will be completed as needed. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0664 is fifteen thousand one hundred thirty five dollars ($15,135.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. CITY OF MERIDIAN .._. _ BY: `~ ~ TAMMY ERD, MAYOR Attes#: ~~'v~-/ _ WILLIAM G. BERG, J ., Approved by City Council: ENGINEER t```1,111~fiSiI11t1///`'f if ~~~ °''i ~ : ~`""~T~ ~ i' :I CLE ` ° ~~~~, 2 ~D (Date) -., ~ . ,** Glenn K. Bennett, P.L.S. President Timothy A Burgess, P,E. Vice President Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Civil Survey Consultants, Inc. 14001rast Watertower Street Suite 109 Meridian, Idaho 83642 Re: Cherry Lane Mobile Home Parks -Water System Upgrades Dear Len: (208)888-4312 Fax 888-0323 November 8, 2006 Thank you for considering Civil Survey Consultants to provide professional services related to installation of a backflow prevention device and a high flow by-pass on the potable water system serving two mobile home pazks located on Cherry Lane west of Meridian Road. The following is our understanding of the scope of services to be provided: This project will provide backflow protection to Meridian's potable water system and improved fire flow at two sepazate sites located at 314 Cherry Lane and 424 Cherry Lane. Both sites are mobile home parks that are currently served by sepazate existing 6" water main loops that are branched through sepazate clusters of three 2" water meters after it leaves the existing 10" water main in Cherry Lane. It is our understanding that the city has modeled this loop and estimate the current configuration provides approximately 400gpm of fire flow, and instalklation of a 6" by-pass around the meters it will provide approximately 1200 gpm of fire flow. Civil Survey Consultants will perform field surveys as necessary for the design, and will prepaze one set of plans and specifications for the City's use in bidding and constructing the project. The city will assist Civil Survey Consultants in getting permission from individual property owners to perform field surveys on their property. The plans and specifications will be submitted to the City of Meridian, Ada County Highway District, and Idaho Department of Environmental Quality, for review and approval prior to construction. One or more water main easements may need to be obtained for this project. Civil Survey Consultants will perform field surveys and obtain title reports as needed to prepare easement descriptions and exhibits. We will mail a copy of the easement description and exhibit to each property owner, along with any required easement forms for execution. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. If a property owner requests payment for an easement we will forwazd that request to the City for approval. Grady November 8, 2006 Sheet 2 of 2 Civil Survey Consultants will provide construction services under this scope of services. Construction services will include one set of construction stakes, random field inspections, and preparation of change orders if necessary. Full time construction observation is not included in this scope of services. The City of Meridian will provide all available information, arrange for utilities to be mazked for plan preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. Civil Survey Consultants will prepaze record drawings of the completed improvements. The City of Meridian will provide one set of red-lined plans showing any changes that occur during construction. Civil Survey Consultants will prepare record drawings based upon the red-lined plans and provide the City one hard copy and one electronic copy in AutoCAD format. Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $12,060 unless approved in writing by the City of Meridian. Civil Survey Consultants will provide construction services on a time and materials basis. The current estimate for construction services is $3,075.00. A man-hour and fee estimate is attached. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. ~ ~~ Corey Peacock, P.E. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2006 Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Design/Survey Technician 3 Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telepho~ Sub-Consultants Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 - $ 105.00 per hour - $ 105.00 per hour - $ 95.00 per hour - $ 85.00 per hour - $ 85.00 per hour - $ 80.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost ie - $ Cost - $ Cost (208)888-4312 Fax 888-0323 Memo To: Wrll Berg; Tara Green From: Jon Mills, Staff Engineer CC: Fle Qatrw 01/25/2007 Re: Proposed Agenda Items for January 30, 2007 Ciiy Couna7 Meeting The Public Works f~r6ment respectfully requests the following items be placed ~ the January 30 City Councl agenda, under Consent Agenda, for Counal's cronsider: This task order entails designing a suffiaent badcfiow prevention system for iwo mobile horrre parks on Cheny Lane to protect the City water supply, while increasing the overall flow ~ the parks' private system, for better fire protection. The task order will also include construction oversight Recommended Council Action: TFaa Publ"rc Works Department recommends that City Council approve Task Order #0664 wi#r Civil Survey for $15,135.Q0 and authorise ire Mayor to sign it. Thank you for your consideration. Please vontac~ me if you have any questions regarding any of these items. • Page 1 TASK ORDER NO. Q664 CITY OF MERIDIAN (OWNER) AND CIVIL. SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN DESIGN AND CONSTRCUTION SERVICES FOR CHERRY LANE MOBILE HOME PARKS WATER SYSTEM UPGRADES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services per the Engineer's proposal dated 11/>~/06, attached. TASK 06t;4 -Design and Construction Oversight Engineer will provide design services and construction oversight necessary for completion of the water improvements in conjunction with the above referenced project on a time and materials basis with a not to exceed amount of $15,135.00 without prior approval of the City of Meridian. TIME OF COMPLETION Engineering services will be completed as needed. COMPENSATION The Not-To-Exceed amount for this Task Order ido. 0~4 is fifteen thousand one hundred thirty five dollars ($15,135.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. CITY OF MERIDIAN ENGINEER <- TAMMY de WEERD, MAYOR BY: ~ ~ ~~ ~' Attest: WILLIAM G. BERG, JR., CITY CLERK Approved by Cityy Council: (Date) Glenn K. Bennett. P.L.S. President Timothy A. Burgess, P.E. dice President Civi] survey consultants, Inc. 1400 East Watertower Stree[ Suite 100 Meridian, Idaho 83642 (20888-4312 Fex 888-0323 Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Cherry Lane Mobile Home Parks -Water System Upgrades Dear Len: November S, 2006 Thank you for considering Civil Survey Consultants to provide professional services related to installation of a backflow prevention device and a high flow by-pass on the potable water system serving two mobile home parks located on Cherry Lane west of Meridian Road. The following is our understanding of the scope of services to be provided: This project will provide backflow protection to Meridian's potable water system and improved fire flow at two separate sites located at 314 Cherry Lane and 424 Cherry Lane. Both sites are mobile home parks that are currently served by separate existing 6" water main loops that are branched through separate clusters of three Z" water meters after it leaves the existing 10" water main in Cherry Lane. It is our understanding that the city has modeled this loop and estimate the current configuration provides approximately 400gpm of fire flow, and instalklation of a 6" by-pass around the meters it will provide approximately 1 Z00 gpm of fire flow. Civil Survey Consultants will ~rform field surveys as necessary for the design, and will prepare one set of plans and specifications for the City's use in bidding and constructing the project. The city will assist Civil Survey Consultants in getting permission from individual property owners to perform field surveys on their property. The plans and specifications will be submitted to the City of Meridian, Ada County Highway District, and Idaho Department of Environmental Quality, for review and approval prior to construction. One or more water main easements may need to be obtained for this project. Civil Survey Consultants will perform field surveys and obtain title reports as needed to prepare easement descriptions and exhibits. We will mail a copy of the easement description and exhibit to each property owner, along with any required easement forms for execution. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. If a property owner requests payment for an easement we will forward that request to the City for approval. Grady November 8.2t?06 Sheet 2 of 2 Civil Survey Consultants will provide construction services under this scope of services. Construction services will include one set of construction stakes, random field inspections, and preparation of change orders if necessary. Full time construction observation is not included in this scope of services. The City of Meridian will provide all available information, arrange for utilities to be marked for plan preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. Civil Survey Consuhants will prepare record drawings of the completed improvements. The City of Meridian will provide one set of red-lined plans showing any changes that occur during construction. Civil Survey Consultants will prepare record drawings based upon the red-lined plans and provide the City one hard copy and one electronic copy in AutoCAD format. Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $12,06Q unless approved in writing by the City of Meridian. Civil Survey Consultants will provide construction services on a time and materials basis. The current estimate for construction services is $3,Q75.Q4. A man-hour and fee estimate is attached. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. r ~~ ~, r .~~~ ~° ~- Corey Peacock, P.E. ~~ l;lenn F. Bennett. P l_ S !'resident 1`imathy A. Burgess. P.E. Vice Pre,ident Civil Survey Consultants, Inc. 1400 E. VVaterto~cer Street Suite 100 Meridian, Idaho 83642 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1.2006 Labor: Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 DesignfSurvey Technician 1 Design/Survey Technician 2 UesignJSurvcy Technician 3 Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telephoi Sub-Consultants - $ 105.00 per hour - $ 105.00 per hour - $ 95.00 per hour - $ 85.00 per hour - $ 85.00 per hour - $ 80.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost ie - $ Cost - $ Cost ~ z?~stRSx-~~ 12 I~ax RltB-ti333 • • February 2, 2007 MERfDfAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. S-U REQUEST Request for Reduction in Sewer Connection Fee for Bifl & Lynn's Place at 229 West Franklin Road AGENCY COMMENTS CITY CLERK: CFTY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pr®sented at public meetings shall become properly of the City of Mericflan. • u_L'~•7 Ta Mayor De V~/eerd & City Counal IFrom: Kane Glenn CC: File lDa~: 1/26/2007 Re: Proposed Agenda Items for 2/07 City Councl Meeting RECEI~IE~ JAh' 2 6 ~7 City Of TVleridiar~ City Clerk Office The Public VIlorks Department respectfially requests that the following items be plao~l on the 2/6/07 City Council agenda, on the Conserrt Agenda, for Council's consideration: 1) Reduction in Sewer Connection Fee for Bill ~ Lvnn's Place at 229 W Franklin. Typical Reduction in Connection fee for Sewer. Recommended Council Action: Approve the Reduction in Connecliion fee for Sewer for Bill & Lynn's Place at 229 W Franklin The property at 229 W Frankly Rd, wrrent(yy Bill ~ Lynn's Place rBquested an emergency connection to City Senrices in regards to their sewer. The business has been on munigpal water for some time, but was never connec~l to our sewer system. At the time of the connection request Bill Martell, owner, requested a credit towards his connection fee based ~ the money that he has been paying to the ~ by way of his water and sewer bill. After reviewing the utility payment history for this accourrt as well as a site visit, by a Public Works field inspector, it was determined that the property has been being billed for sewer senrice that was non e~astent. • The_ Properly is within aty limits and is annexed. • The property has muniapal water. • Using payment history available - sewer connection credit would be $2105.03 Thank you for your consideration. • Citj/ Of IVtelridian Public Works Dept. • Page 1 February 2, 2~7 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 APPLICANT ITEM NO. ~-V REQUEST Approve Award of Bid /Agreement for #CH-07-I~?1 Well Abandonment to Mcleran Welt Drilling, LLC not to exceed $65,0~.~ AGENCY COMMENTS CITY CLERK: CffY ENGINEER: CITY PLANNING DIRECTOR: CfIY ATTORNEY CITY FINANCE DEPT: See attached CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~ ~y y~ ADA COUNTY HIGHWAY DISTRICT: Y 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: Matedala presented at pubUc meetlnes simll become properly of the City of Msrldtan. Memorandum To: Will Berg CC: Tara Green, Brad Watson From: Keith Watts ~ R,E~EIV~I7 JAh~ ; !; 2007 City t~f I~Ie>^~idia~ City C~ ~T~ o~~~ ~;.- } ~,r ~~ CITY OF Rill~~~'~. ~ _ ~~ ~. eri~icn~ _ `~ ;~ ~~ IDAHO .1~ Date: 1 /30/2007 Re: Award of Bid and Mayor to sign Contract for Well Abandonment The Purchasing Department respectfully requests the following item be placed on the February 6, 2007 Council Agenda, under Consent Agenda, for Council's consideration: Award of Bid #CH-07-001 Well Abandonment and authorize the Mavor to sign Agreement. This Bid & Agreement is for the removal of the existing wells at the new City Hall project site. The Purchasing Department issued Bid #CH-07-001 on January 10, 2007 and direct mailed to three prospective bidders. Only one bid response was received by the due date of January 17, 2007, McLeran Well Drilling, LLC. Recommended Council Action: The Purchasing Department recommends that the City Council approve the award of Bid #CH-07-001 to McLeran Well Drilling, LLC for aNot-To-Exceed amount of $65,000.00 and authorize the Mayor to sign the Agreement. CITY OF eri~i~-n , ~~, ~nrio T v +'~ PURCHASING AGENT 33 East Idaho Avenue, Meridian, ID 83642 Phone: {208) 888-4433 x207 Fax: (208) 887-4813 INVITATION FOR BID BID NO. CH-07-001 CONTRACT SPECIFICATIONS FOR: WELL ABANDONMENT BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. January 17, 2007 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 Pre-Bid Conferenc~/Waltc Though MANDATORY [ ]YES [ ]NO NAME AND ADDRESS OF VENDOR SUBMITTING BID NAME: ~a v - ®[ /dl ~~ PEA h ADDRESS: S X17 ~ .~'ah ~ h ~ ! ~al~ R 40 IDAHO CONTRACTORS LICENSE NO. . Nev. P fv M e~ t~ ~o ~3 6s~r IDHO PUBLIC WORKS CONTRACTORS LICENSE NO . / 6' SS 6' - C - Y Ca z 212.. o Ls z. BID TO THE CITY OF MERIDIAN .MERIDIAN, IDAHO PURCHASING AGENT FOR: WELL ABANDONMENT BIDS MUST BE RECEIVED BY THE CITY CLERK 33 EAST IDAHO AVENUE PRIOR TO 2:30 P.M. ON January 17.2007 BID NO. CH-O7-001 Name of Bidder ~r~e~ M~Lp,-tt~ _ Telephone zly,~ 9`/~ --257 Type of Business: [ ]Individual doing business under own name [ ]Corporation [ ]Individual doing business using a firm name [ ]Partnership [ ]Joint venture (Please attach Joint Venture Agreement) Business Address: 5 y ~~ .lA.,r~lo //a~/17r~ l1/pcr PIV~,eG ~ r~ ~',~ 6~5 Street City State Zip Code To the City of Meridian: The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein as bidder, that this bid is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the "General Conditions and Instructions to bidders" and the specifications; that he/she proposes and agrees if this bid is accepted, he/she will perform all the work and /or famish all the materials specfied in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Typed or Printed Name and Title Signature Address (if different than above business address) 2 of 28 DECLARATION UNDER PENALTY OF PERJUY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If bidder is: 1. An individual doing business ........................ Under own name. 2. An individual using a firm name .................... 3. A partnership ........................................... 4. A corporation ........................................... Sign: Your name only John Doe, an individual doing business as Blank Company John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner Blank Company, by John Doe, Secretary (or other title) Typed or Printed Narrt~ and Title ~ MBp, aei- Signature Address (if different than above business address) FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required: [ X ] No [ ]Yes Amount $ Received: [ ]Cashiers or Certfied Check drawn on a Idaho bank [ ]Surety Bond Purchasing Agent, City of Meridian 3 of 28 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Offrcer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this hid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: 1VJ `Zevg., b(/,~ /!' Icy / / ~/ tiC L ~ ~ IDAHO CONTRACTORS LICENSE #: tf/f t/ D~~ //.y~ 6 y~ IDAHO PUBLIC WORKS CONTRACTORS LICENSE #: I ~ SSG'C-y tozZ,z oz.s Zo TITLE: /J,P~beL ADDRESS: 5476 !'A., !ol/ui~ /11~ Np!(r PIVj~CG~ ~®~36SS DATE: / - /6 - ~~ ALL BID RESPONSES MUST BE ACCOMPANIED BY EVIDENCE OF AUTHORITY TO SIGN 6 of 28 BID FARM WELL ABANDONMENT BID NUMBER CH-07-001 it~n Unit Esttrnated Unit Total No. item DescriaNon Measu ua ~ Price 1 MoblilzatlOn and Dem~ilizagon ,~~~ J &~ ~c~~.~o, ~,,dtt~a'J~"~'~.S. 9 ! D oc $ z ~+ oo v,o~ 2 Cable Tool Casing Soaping (four wells) o ! 6 Cad oh P ~ .~. ~~d rrLrti~F~dolkrx HR. 16 ~ v. o° $ 2 7 z °- ° 3 Cable Taol Wire Bnsi~ng (fair wells) ~, ! 6 ~ Ohl° ~one/%-,/ .PPVSa~'y v~o//afHR. 16 $/7o.p~ $ 27Zo. ,. 4 Cable Tooi Casing P~foratiort (four webs) 2 ~ o ¢ ~ s+li'r~ a/c-!~rz. HR, 20 / O.ca ~ yoo. ~~ 5 Clearing of Water Column for Camera Surveys ~1 ~ r~~y ~ Lsr~!-s+d pIT l~j/v~i°%ar~' LS_ 4 „~~' pP ~ _~ 9 Z ~. 00 6 Pressure GroutMg ~ Well {four eNs} HP Ccb1-~'r h~ti~al~,,•,~=.5 CY. 40 ~ 6~°;-~`~' ~ z r.~oc~•°~ 7 Excavakion, Cuttlng, and Capping of Wails o 7) Mobilization: a Mobilization includes as travel to and from the wren site dudng the Project. b. Mob~izatlon includes deUveryhemoval of the cable-tool rig and set up over the wells. c. Mobilization bid item includes delivery/removal of all tools required, fuel, dean up, etc d. Mobpizatlon bid item irtdudes casing scrapir~g/brushing tools and installation of grout tremie. e. il~obilizatlon included providing for water, grout mixing equipment, and electrical power. f. MobHization includes all documentation and regulatory filings including review by the Hydrogeologist. 2) Pressu a Gr_ouli a: a. Pressure grouting is payable on a per cubic yard of instaged grout basfs regardless of the type of grout {bentonite shiny, bentonite granule, andlor moment grout} which includes all labor. 3) Excdavation. Cuttinr~. and Cao~ta of Wells: a. includes aN excarratlon, cutting of casing, c~ppingildentitit~tlon of the grouted wrelt and bade-flUing of the excarvated casing. Total cost to include all labor, material. equipment, freight. insurant;e, travel, lodging, incidental, and applicable taxes Payment Discount Cash discount ~ °lo for payment within calendar days. (No ~, prepayments or pe~rcentage~ payncants will ~ allowed) 94 of 28 • Certificate of Understanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions far performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will no# be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitt~ without collusion with any other person, business entity, or cormsration with any interest in this bid. I declare under penalty of perjury that the fon~oing is true arm coned. CONTRACTOR/FIRM: _ ~ rL~r~9 A ~f ~~ ~6 i ~~~ ~ 4 L C C By~--t~~=.~.+r- - PRINTED OR TYPED NAME: ~ o-i i~ ~ ~Lpf..A~ TITLE:. ~,rm 6e~ DATE: ~ ` ~ ~' ` nd 15 of 28 ~~ DEPARTMENT DF THE TREASURY INTERNAT. REdENUE SERVICE PHILADELPHIA PA 19255-0023 MCLERAN WELL DRILLING LLC MCLERAN DAVID SINGLE MBR 7230 ELMORE fRUITLAND ID 83619 Date of #his native: 04-05-2004 £a~loyar Identification Number: 20-0909672 Form: SS-4 Nucober of thi9 notice: CP 575 E For aQSistanca you may call us at. 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSI#3HED YOU AN EMPLOYTrR IDENTIFICATION NUMBER Thank you for applying for• an T:mplayer Identification Number CEIN). ire assigned you E1N 20-0904672. This EIN Trill identify your business acoount, tax returns, and documents even if you have no engalayees. Please k•®p thin notice in your permanent records. Whon filing tax documents, please use the label IRS provided. If that isn't possible, you should use your EiN and comple#e name and address shown above on all federal tax forms, payments and related eorrospondencQ. If this information isn't correct, please correct it using the tear off stub from this notice. Return it to Us so we can correct your acoount. If you use any variation of your name or EIN, it may cause a d®lay in processing and pray result in incorrect information in your account. It also could cause you to be assigned more than one EIN. If you want #o apply to receive a ruiing or a determination letter recognizing your organization as tax exempt, and have not already done so, you should file T=orm 1023/1024, Applic®#ian for Recognition of Exemption, Keith the IRS Ohio rcey District Office. Publication 557, Tax Exempt Status for Your Organisation, is availabl® at most IRS offices and has details on how you can apply . IMPORTANT REMINDERS: * Keep a copy of #his no#ice in your permanent records. * Use this EIN and your name exactly as they appear above on all your federal tax forms. x Refer to this EIN on your tax related correspondence and documents. 'iliaritc-'S-o~"~f'tl~~-'gaarr".~aapei~attt~t~: -_ - ,.._..._- --- - - .. _~. _r~__._.. ._ _- • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 30th day of January , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and McLeran Well Drilling. LLC, hereinafter referred to as "CONTRACTORn, whose business address is 5476 Sandhollow Rd. New Plymouth ID 83655 and whose Public Works Contractor License # is C16556. INTRODUCTION Whereas, the City has a need for services involving Well Abandonment Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a CREAMERY WELL ABANDONMENT - page 1 of 11 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other wan-anties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a time and material basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, CREAMERY WELL ABANDONMENT - page 2 of 11 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and CREAMERY WELL ABANDONMENT - page 3 of 11 • • specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. CREAMERY WELL ABANDONMENT - page 4 of 11 • 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence and Professional Liability One Million Dollars ($1,000,000) per incident or occurrence. Contractor will also maintain Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. CREAMERY WELL ABANDONMENT - page 5 of 11 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 McLeran Well Drilling, LLC Attn: David McLeran 5476 Sandhollow Rd. New Plymouth, ID 83655 Idaho Public Works License #: C16556 CREAMERY WELL ABANDONMENT - page 6 of 11 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. CREAMERY WELL ABANDONMENT - page 7 of 11 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, CREAMERY WELL ABANDONMENT - page 8 of 11 .~ `~ oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMM WEERD, MAYO Dated: ~'' 2 ~~ ~ MCLERAN WELL DRILLING, LLC BY: Dated: 3 - 2 ~/ ~ Q 7 Council Approval on: ~ ' ~ '- `,~~~1~111a n ¢1¢rrrses B+ °*s. Attest: :~ ~ a\4J- ~+Q7 ~~~ WILLIAM G. BERG, JR., CITE' C K ~~,~' ~~~ ~ w~ ~~r ~~ <~° Approved as to Content Approved as to Form CITY ATTORNEY Department Approval BY: ~ ~~ NAME: TITLE: Dated: CREAMERY WELL ABANDONMENT - page 9 of 11 • Attachment A SCOPE OF WORK 1) Mobilization: a. Mobilization includes all travel to and from the well site during the project. b. Mobilization includes delivery/removal of the cable-tool rig and set up over the wells. c. Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc. d. Mobilization bid item includes casing scraping/brushing tools and installation of grout tremie. e. Mobilization included providing for water, grout mixing equipment, and electrical power. f. Mobilization includes all documentation and regulatory filings including review by the Hydrogeologist. 2) Pressure Grouting: a. Pressure grouting is payable on a per cubic yard of installed grout basis regardless of the type of grout (bentonite slung, bentonite granule, and/or cement grout) which includes all labor. 3) Excavation, Cutting and Capping of Wells• a. Includes all excavation, cutting of casing, capping/identification of the grouted well and back-filling of the excavated casing. CREAMERY WELL ABANDONMENT - page 10 of 11 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall be per the table below with aNot-To-Exceed amount of $65,000.00 TASK DESCRIPTION QTY EA. AMOUNT A. Mobilization and Demobilization 1 21,000.00 B. Cable Tool Casing Scraping (four wells) 16 170.00 2,720.00 C. Cable Tool Wire Brushing (four wells) 16 170.00 2,720.00 D. Cable Tool Casing Perforation (four wells) 20 170.00 3,400.00 E. Clearing of Water Column for Camera Surveys 4 480.00 1 920.00 F. Pressure Grouting of Well (four wells) 40 600.00 24,000.00 G. Excavation, Cutting, and Capping of Wells 4 750.00 3,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. CREAMERY WELL ABANDONMENT - page 11 of 11 February 2, 2~7 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 APPLICANT ITEM NO. JIB'-~ REQUEST Maintenance Agreement for Df System at Wastewater Treatment Plant Lab with Siemens Water Technologies AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cliy of Meridian. 3608028579 10:03:40 ~1 EAII ENS i 1~20No ~Srt~ ~~ ~ A 99216 IAAINTENANCE AQREE~ENT efuro Ntf119ER O7S013/00 ~ ~Y ._.........iNVac~ro: --_ -..__~ r~tfa~iourl wAST~nraTER otgr ATTN: SCFIOONOVEA. CURT AtcOlJNT8 PAYABLE 3401 N TfBd MILE ROAD Bn1~ Nueet~ (~"~ o7tw13101 ~ EGUIPMENT/S1fSTEM LOCATION: ~ kfERID1AN WASTEWATER OEPARI~NT ATTIV: St3i00NOVER. CURT 3401 N TEN MILE i~ MERIDIAN ID 83842 M~tIDlAN ID 83642 NI~VIWlB !N? NlDA9FCA Dab 911/2007 BRANIDI IB:T SC}IOONOVER, CURT -. 135-08`Qi18 Dab 2882008 eP SPOKANE FpNE: 208.888.2 181 FAX: 20B-SB4~0744 ~ulpmwti Dasrripilon all Pate WUlneur UfNt Pfbs FragY0f1~ 41A11 21 fl3 CARBON 1 t10FSP 5176.00 180 DayB 21 MD(ED BED 2 DIM810210i~SP 5128.00 10 Days CART ~' 0.2UM CDE F ABYM POLYSUL NON-VAL 81NQrLE 2 Fi;WNF~Z $1 b8.00 i80 Days cart ?A' 1um ~ gesimt pp _ _ _ _ t _ _ fOR01V~01 ~! 6.OD 180 Days ID l!flA~ RENTAL INi101CL° EARit11NY01~ TDTAL YEARLY Rf~RAL TOTAL START ~ ~CYENCY 48241 01-MAR-07 28-FEB-0B YEAR 8840 $840.00 Garctra~ts m~- be oanoebd ~ eUher parry wlttr 9D tlaya I The aboao ii0rrle w111 be bltrsd at 8es firue or aervlcO. Reg4isr serrtiae~ houre are molten notice. from 7~Orcm frs 4:OOprn. Morrdey- through Fc4day. Same day servloo BubJed ~ "Ttcese tank8 ternail the properly d Sksmerce Vlfatpr 8n emarpenry servos fee. Encergectry stNVl08 ~ blued &1 terra S~ a hat. Teda7ologiesr, unkms the (X]NTRIICT Typo B DISOLD. P~ >3o pocbl and may wsrrr a two hour mhdmum dmfge. Saturdays are 7o enable Sisanerrs Water T~ tO fmrdlrcue to ~~ at time and a half. Surdaya arul holidays are blued ro douWa . provide the highest rrrate- grmiiry smviras to err ouetomacs , SenrReJDeYve~y: IVOf1-tank ceders may Mxalr a mhWnum one f~ccr ~ _ am requir®a mhrimwa 1~ day serer Ne4usnoy- Nr~s I e~srga. AU ardets era evert ~o a fuel sur~evge- Ycu trlU be irnbiced for replacemerd of fon-ems Mirtbmm dtargm Our ndrdmun oRbr amount is 150.00. if fhi$ Uequeray is hot rtcs8cteirmd. exeycrdircg TrNp1u god herldlUi9. M 1t~ a^y ^~l^8 ~'~° Flendlilg Cflalgec In addtlbn b of d'elitFeryt, tlce t0110rrbig aervlrs call t:limoncer Service ®800.418-7873. ~y gpply for ncn-tank orcbes: NEW PURCHASE ORDER NUYBER" Orfbrs~30o ao win ~ a saes Service tom. Ordera>4~00.0o wd11 ire a S14.eb Servfoe Ctcarge. ~Q .. >Rdppets: Frdgtu bleed st actcaci unles$ other stated. ~ T6~ L`~`~'/ A tank r+atum lets ~ wi be is tanks ltOt returned rriUchc 15 days of shipping date. a r~ddn8 fee Of Far non-tonic Orders 4ii00 00 EMENS WA1ER ; REP~Yf'A . . $100.00 + For trOfM~bnk aders~+3500.00, a I /.. ~ ~. _ i resiooki'Ig tea 012096 Ot OfdBT . r~G IiI~LUI~ ~ ORDER 1dUMBiL+'R - THIS I$ N!QT AN iIWOICE ~tI FAR MAKE ANY CFUNGES To CONTACT INRORYATION ON PHIS FORM. 3608028671 10.06'43 01 08 ~, ~~ ~ ~ Water Tedgrologfes t Carp,10 Tgy ~., Lawetl, MA 09~H Re: RailamMp of U.S. Fliters7onpure Irrc. (USF lonpure) to Siemens Water Te~uroiogies Corp. Dear Valued Cusfonrer, on June 1~,F /hpune Ire. will ol~'attY c~.han~8 ~ name m Sientsn ~ ,e ~i g Cap as Ore ~mpany bncomea fuNy ~ brio i~a'S .rt~ens iiy. Tf~ change efti~-® on June 1, 2006. The IJSFUfer busbtess and (~ perzxmnel remain the earns and will oorrtlnue fo ~Inta the same superior end producffi you have oDme fo from us. Following are a few Changes Ut AdmirNstratlve detaik as foUawe: Ser-r&~ documents and irrvOkaOS wlU have dte saner Remit TO eddres8. Regl~ af: ~vmerrts to: Sierrrer-s Wafer Ter~rtokigi~ Carp. P.O. Bo~c 3607673 Pitfsbursph, PA f S2F~-87~ Tetep~t~ ~: 1-800~486r7873 ~ nutde bar ACH~re,T should m~i116e sent te: n Bank Account No.: 130 2773 AB~it No.: 043000261 SM~It Cods: MELNUS3P If your wmpeny ~ tax exempt, and you have Prevrousty brwaarded a ~c exempfwn Certiftcate to U.S. Fiher/brrpura, Ire.. you ~ nat need to da so again. 1Ara~r T~ T'ax ~eu-ot~ rS~,~I~O1~1 be sent te: AtOt.: Tax DeperVnet ~. 10 Teclurobgy Dive Lowosq, MA 01851 Our Tax Id~r Number (TtN} ~ sieyirre qre aanre as 0q-30638p1. ~~ Kevin Trarrt Execwtive Vice Present Siemens Wafer TeChnobgles Corp. S~vloes 8 Pr~ucfs Group February 2, ~7 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 APPLICANT fTEM NO. 5-X REQUEST Hold Harmless Agreement for Participation in Activities and / or Use of Facilities with Joint School District No. 2 AGENCY C1TY 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: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFfCE: COMMENTS See ached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: AAaterials presented at public rtneetings still b®eorne property of ~ Ctty of Meridian. "`~ ~ - - Page 2 of 2 CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. Thank You. From: Ted Baird [mailto:bairdt@meridiancity.org] Sent: Tuesday, January 30, 2007 11:08 AM To: Mark Freeman Cc: Bill Nary Subject: Proposed revisions to Hold Harmless Agreement In redline and final (proposed) form. 2/1/2007 N ~ No. 2 a certificate demonstrating compliance with the revised limits within five (5) working days of the effective date thereof. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, City of Meridian shall be primarily responsible to Joint School District No. 2 for any and all damage of any nature caused to Joint School District No. 2 property arising out of the aforementioned activities. C. NON-ASSIGNABILITY This Agreement is not assignable by the City of Meridian without the express and written consent of Joint School District No. 2. D. MISCELLANEOUS This Agreement shall be construed pursuant to the laws of the State of Idaho. It is agreed that the State of Idaho is the place of formation of this Agreement and that this Agreement constitutes the whole of the parties understanding and may not be modified except as provided herein or by a writing signed by each parry hereto. The individual signing below as an officer or a representative warrants that he/she has the actual authority to sign this Agreement on behalf of the cooperating agency. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this day of , 2007. Cooperating Agency: OwneY: City of Meridian Joint School District No. 2, Meridian By T6cln~n "~~.~"e~C- By: E~ B4A916 ~e a ~~~.~,~ ~,~~~, Authorized Agent Administrator ~,'a -d ~ 2-6~~"'~ .~ /~rrl4/4441fi t4~d~y~,{ay HOLD HARMT .ESS AGREEMENT -page 2 of 2 • ~ Page 1 of 3 Sharon Smith From: Ted Baird Sent: Friday, February 16, 2007 12:11 PM To: Sharon Smith; Will Berg Subject: FW: Proposed revisions to Hold Harmless Agreement (State of City event at MMS) Attachments: 0993_001. pdf From: Mark Freeman [mailto:mfreeman@foleyfreeman.com] Sent: Fri 2/16/2007 11:36 AM To: Ted Baird; Tara Green Subject: RE: Proposed revisions to Hold Harmless Agreement (State of City event at MMS) Dear Ted and Tara, Dr. Clark signed the Hold Harmless Agreement. Attached please find a copy for your records. Sincerely, Mark S. Freeman Foley Freeman Borton, PLLC 77 East Idaho Suite 100 P.O. Box 10 Meridian, Idaho 83680 Phone: (208) 888-9111 Fax: (208) 888-5130 CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. Thank You. From: Ted Baird [mailto:bairdt@meridiancity.org] Sent: Wednesday, January 31, 2007 5:08 PM To: Tara Green; Will Berg Cc: Bill Nary; Mark Freeman Subject: FW: Proposed revisions to Hold Harmless Agreement (State of City event at MMS) 2/16/2007 . ~ Page 2 of 3 Tara: Please place the attached agreement on the consent agenda for the 2/6/7 City Council Meeting. This agreement has been revised from the earlier version to comply with the City's constitutional and statutory restrictions regarding indemnification and insurance. To expedite matters, I would recommend that we go ahead and get the Mayor's signature now, and have the Council ratify it on the upcoming agenda. After the Mayor has signed, please forward the agreement to Mark Freeman for processing by the District. Thanks. From: Mark Freeman [mailto:mfreeman@foleyfreeman.com] Scent: Wednesday, January 31, 2007 4:48 PM To: Ted Baird Cc: Bigham Wendel Subject: ItE: Proposed revisions to Hold Harmless Agreement Dear Ted, I talked to Wendel Bigham with the school district and your revisions to the Hold Harmless Agreement are acceptable as to the City's use of the MMS auditorium for the Mayor's State of the City event. He suggested that you get the revised version signed by the City's representative and get it over to me. Once I receive it, I will forward it to Wendel to have it signed by the District. I am not sure, but it may be that the District's board of trustee's will want to authorize the execution of the agreement for the District, so it may take some time before I get a signed copy back to you. However, I wanted you to know that this can be done even after the fact, so don't worry if you don't get a signed copy back before the event-since we have a deal as soon as my client receives the agreement signed by the City's representative. It may be that the District will ultimately agree to accept your revisions to the Hold Harmless Agreement as to the City's use of other District facilities as well (i.e., under the possible joint use agreement that has been discussed), however, my client will decide that issue when we address the specific terms of such an agreement. Sincerely, Mark S. Freeman Foley Freeman Botoon, PLLC 77 East Idaho Suite 100 P.O. Box 10 Meridian, Idaho 83680 Phone: (208) 888-9111 Fax: (208) 888-5130 CONFIDENTIALITY NOTICE: The preceding message (including attachment, if any) is covered by the Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521, is CONFIDENTIAL, and may also be protected by the ATTORNEY/CLIENT OR OTHER PRIVILEGE. If you believe that this message has been sent to you in error, do not read any further portion of the message other than the remainder of this notice, please reply to the sender that you have received the message in error, and delete the message. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. We do not waive any attorney/client or work product privilege by the transmission of this message. Thank You. 2/16/2007 • ~ Page 3 of 3 From: Ted Baird [mailto:bairdt@meridiancity.org] Sent: Tuesday, January 30, 2007 11:08 AM To: Mark Freeman Cc: Bill Nary Subject: Proposed revisions to Hold Harmless Agreement In redline and final (proposed) form. 2/16/2007 jv- x.: ,a. __. __ ~ __ i JOINT SCHOOL DISTRICT N0.2, Meridian 911 Meridian Street, Meridian, Idaho 83642 (208) 855-4500 HOLD HARMLESS AGREEMENT FOR PARTICIPATION IN ACTIVITIES AND/OR USE OF FACILITIES Joint School District No. 2 is frequently requested to cooperate with other agencies in promoting youth activities and community events. Occasionally such cooperation poses possible liability exposures to the district. This agreement provides assurance to Joint School District No. 2 that the cooperating agency agrees to accept the additional liability risks to the extent allowed by law, and to defend and hold the district harmless in case of claims arising out of the identified activity. A. INDEMNIFY City of Meridian shall defend, indemnify and hold harmless Joint School District Na. 2, all of its officers, agents, employees, the State of Idaho, and its political subdivisions from and against any and all demands, suits, actions, claims, loss of damage of any kind, character of description, whether or not meritorious, in any manner-arising out of or accruing by reason of or in relation to any negligent or otherwise wrongful act or omission of C of Meridian, its agents, servants or representatives, or any occurrences, incidents, or injuries connected with the activity, The Mayor's State of the City Address. B. LIABILITY INSURANCE AND DAMAGE Prior to the activity, City of Meridian shall procure and prepay all premiums on a comprehensive general liability inenran~ policy issued by an entity licensed to engage in the insurance business in Idaho. Said policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tart Claims Act, Title 6, Chapter 9 of the Idaho Code, naming the Owner as a Certificate Holder. The limits of said policy shall be not less than the following amounts: SS00,000.00 for bodily or personal injury. wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. City of Meridian shall furnish to Joint School District No. 2 a certificate of insurance at least five (5) working days prior to the activity. Said certificate of insurance shall show compliance with this paragraph and give ten (14) days prior notice of cancellation to Joint School District No. 2. In the event that the limits of the Idaho Tort Claims Act are changed, City of Meridian shall furnish to Joint School District .HOLD HARMLESS AGREEMENT -page 1 of 2 j. r .s No. 2 a certif cafe demonstrating compliance with the revised limits within five {5) working days of the effective date thereof. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, City of Meridian shall be primarily responsible to Joint School District No. 2 for any and all damage of any nature caused to Joint School District No. 2 property arising out of the aforementioned activities. C. NON-ASSIGNABILITY This Agreement is not assignable by the City of Meridian without the express and written consent of Joint School District No. 2. D. MISCELLANEOUS This Agreement shall be construed pursuant to the laws of the State of Idaho. It is agreed that the State of Idaho is the place of formation of this Agreement and that this Agreement constitutes the whole of the parties understanding and may not be modified except as provided herein or by a writing signed by each party hereto. The individual signing below as an officer or a representative warrants that he/she has the actual authority to sign this Agreement on behalf of the cooperating agency. IN WHEREOF, the parties hereto have set their hands and seals on this day of 2047. Cooperating Agency: Owner: City of Meridian Joint School District No. 2, Meridian By: ~~' G~4~ By: .~^ ~ '~ ~, ~f~°`°'erfd Authorized gent Administrator ' / Q' ~ /Yi '~~~~c~"riC ~°7~~ y ~jOlr ~. _ ~~ _ j R 1Pilti 1446 HOLD HARM~F.$$ AGREEII~NT -page 2 of 2 • February 2, 2007 MERIDIAN CITY COUNCIL H/IEETING February 6, 2007 APPLICANT REM NO. S-Y REQUEST Approve Contract for the Canat Crossings for the Biller Creek Liff Station and Pipelines with H2 Excavation, Inc. for $36,713.02 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 Date: Sfaff Initials: Phone: Materials presented at public meetings shop become property of the City of Medd~n. Ci fy of Mer idi an Pu bl ic Wor ks De pt. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City. Engineer Date: 02/01/2007 Re: Proposed Agenda Item for February 6, 2007 City Council Meeting ~ECEIV~~+ FEB 01 2007 City of 1Neridian pity Cierk Affice The Public Works Department respectfully requests the following item be placed on the February 6 City Council agenda, under Consent Agenda, for Council's consideration: 6 o Canal Crossinas for the Bitter Creek Lift Station and Pipelines Two bids were received for this project as summarized below and detailed in the attached spreadsheet: H2 Excavation, LLC $36,713.02 Star Construction, LLC $66,717.00 The Project consists of iwo parallel force main lines to cross Boise Project Control Board of Controls canal facilities prior to March 15, 2007 and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Canal Crossings for the Bitter Creek Lift Station and Pipelines with H2 Excavation, Inc for $36,713.02 and authorize the Mayor to sign it. Amendment No. 3 to the Bitter Creek Lift Station and Pi elines Project. CH2M HILL has submitted a task order, scope of work, and budget for the construction engineering services. They propose to complete the work for $53,100. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the services during construction of the Bitter Creek Lift Station and forcemains. This includes Bid Period Services, Office Construction Services and Field Construction Services. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves Amendment No. 3 for the Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $53,100 and authorize the Mayor to sign it. Meridian Water Department Well Drawdown Meters/SCADA Maintenance. DC Engineering, P.C. has submitted a task order, scope of work, and budget for the engineering sevices. They propose to complete the work for $23,227. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects. This project provides engineering services for the recalibration of the existing equipment at Wells 21, 22, 23, 24, 25, 26, and 20B and the installation of new pressure transducers and digital displays at Wells 10, 11, 12, 15, 16, 17, 18, 19 and 20. Other services that include the PLC and Wonderware programming required to recalibrate the existing meters and to integrate the new installations with the existing SCADA system. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Meridian Water Department Well Drawdown Meters/SCADA Maintenance with DC Engineering, P.C. for $23,227 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 \'I N d C .~ Q. a V ~ J C J O ~ O O :r+ O ~+ V .~ K ~ ti H ~ J ~ ~ Y ` L w V y L d ~_ m d t J ` J y.. O ~ H D) ~ a ; x x o ° ~ L ~ V ~ N ~ ~ C V m C L N G~ ~p Q C E m ~' a ` ca ~a •o mo m a a ~ ~ ~ ,. o ` a o ` ~ ' a m m a ti a~ m v • ~~ February 2, 2~7 MERIDIAN CITY COUNCIL MEETING February 6, 2t~7 APPLICANT ITEM NO. S-Z REQUEST Amendment No. 3 to the Bitter Creek Liff Station and Pipelines Project with CH2M HELL for $53,100.t~ 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 aifta!ched Date: Phone: _ Staff Initials: Materlais presented at public meetings shall became properly of the City of Meridian. ~. ~ x RECEIVED ~e-~~ ~~ Memo Ta 11Vti1 Berg; Tara Green Rrono Clint Dolby, Staff Er~ineer C.fi: Len Grad),r, City.Er~in~r 0?J01/2~7 lid Proms Agenda teem far February 6, 2007 Cityy Couna'i Meefiirtg The Public 1Norks D®parbnent r~t~dfuNy r+equesias ~ f+ol~ing idem be places on the February 6 Citjr Cour~1 agenda, urn Consent Agenda, fir Coundrs c~~nsfderation: Cainas far Bitter Creek Lift Station a~ Pipelfr~. Two b'~ were received for this {erect as sumrr~rized beioNt and detaif~ in tyre atfeda~ spreadsheet • H2 Exc~wat~t, LLC ~i6,713.02 • Star' Corrshuc~tion, I.LC x,797.00 Tim Rrojed oors of tvNO pataffet force malrt fines ~ cross Boise Prot Contra Board of Controls canal fad prforto Minch 1g, 2007 and oti>ar rued arm misaeRar~us work. nd~i Coin Ammon: The Pubtlc Ntorks D~r6ment recormn®nds that City Coundl approves the cornrad f~ the Canal Crossir~s for ~ Bitter Cre~c L~ and with H2 Ext~vadon, Inc for ~;i6,713.t~ and autlror~e the ' ~ ~gn ~. Amendrrrent No 3 ~ the B~ Credc Lift Station and Picei'ures Protect. CI.12M HILL has s~rrritte~d a tic , soafre of ark budget fior the t~or~trudron reerirng servuces. They prose ~ coretpt~e the work ~ $3,100. Thee is an etdension of mi~aneous w~ servfoes ap~oved by ~Il Court ort the 12°i of D~ern~r'. 20Qt3 for the ~ Servroes for VNatar, War, and Public Works Projects. Thy proje~ provides sertrioes for ~ servfoes during construc~on of lire Bitter Creek Ltit Station and fana~ins. This ir~udes B~ Period Services, Offk~e Car~ntt~[txr Services and Reid Cor~b~udfon Services. •~1 .. • • .. Recomm®ndsd Council AcSon: Tl~ Pubic Works Dent recomm®nds that City Council a~r~aves lbnendrnent No. 3 far the Biti~er Creek LiR Station and Pipelines ProJeat rah CHxAA HILL for $53,1t~ and authorize ttte Niayar ba sign it. .Water Welt Drawdovm Metenr/SCADA N~intenanoe. i~ En9iruerring, P.C. has submitted a tacit ceder, scope of work, arsi budge for the engineering ~. TtreJ/ pne fo oomptete fire writ fa' $'3,227. 1'I~ ~ an won of tip miscetiar~us ~tvic~ a9reerrreRt app by ~ C~xg ~ the 12~' of December, Zt~ far the Eng Setvio~ for Water, Wes, ~ 14iisae~neotrs Public Works P~eds. This Rroj~t pna~rides engrg seraioes far fire of the ~ at Weis 21, 22, 23, 24, 25, ~, area 20B and ~ ~ of nevv pres~re irar~duaers and ~~ d~piays at Wefis 10,11,12,15,16,17.18,19 8rzi120. t7ther ~vit~as gtat utGude tine PLC arsi Wondennra~ progrnrnmbig refired to made the a n~rs and to irttegr~e the new ink wiih fire existing SCADA sygbem. tended Court Anion: The Public Works Qepar6trent rer:ommends City Coundl the corrb~ct for the Nlerldian Vi-abrg Weq Drawdown AftetierA A~aintenartt:s with ~ Enginee<ir~ P.C. for ~,~17 and atditor~e the lYb>j~r to sign h. Thank 7~u far lam' consider Ptease mrrtact rrre if ~ tie ~Y que~ar~s re$ any cf tf~se ib~. • ~e a • Ai4iENDMENT Na. 3 TO TpIE• AGIZ~ElY1EN'1' FOR SERVJECES I)URIIeTC CONSTIB~i.TCTION FOR THE CITY ®F MERIDIAN ~~TT3EIt CtEEK LIFT ST.ATI(~ei A_ND ~'IPEI,I1olES I'R~JEC`I' BETWEEN CITY OF MERIDiAN AND CH21VI HILL, INC. This Amendment is entered into by and between City of Meridian (OWNER) and CfI2N( T-~T~ .T ., Inc, {EivGINEER~. A. OWNER and ENGINEER entered into an Agreement {AGREEMENT) for Engineering Services far the City of Meridian Masan Creek Lift Station and Pipelines project, dated 3anuary 3, 2006. B. Article S.IO, of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGRIBEfi+rIENT as agreed to by OWNER and ENGrII~IEER. C. OWNER and ENGrIIVEEIZ desire to amend the AGREEI'vTEI~iT. I`tow, 'I'hefel'are, the parties agree to the following rnadificatians: See Attaclnnts A and B. All other terms and conditions of the anginal agreement will rerraain in frill force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M Ttt"f :T ,, Inc. dated this ~~ da of , ~00~, $y: ,~t~ ~h~----- _ ~`/J Name Far City of Meridian dated this day of By: Name A~~fi: Title , 200'7. 'T'itle ~P ~~ ~ Ciry GnMe, l • Attachment A Scope of Services Project Understanding The City is planning fox a lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, including the Bitter Creek development. The use bf this facility will be to convey flows through new pipelines to a new gravity system on Ten Mile Road just south of the I-84 freeway. Approximately 2.25 miles of new dual force main is included in this project.. _ Scope of Work CH2M HILL will perform the tasks for services during construction of the Bitter Creek Lift Station and forcemains as outlined below. Task 1-Bid Period Services Facilitate apre-bid meeting with prospective bidders, OWNER, and regulatory agencies. Budget assumes one four hour meeting. Answer questions from bidders and produce 1 addendum during the bidding period. Assist OWNER in opening of bids. Review bids and evaluate them for responsiveness and bid amount. Make recommendations for award of the contract for construction or other actions as appropriate. Task 2-Office Construction Services • Facilitate apre-construction meeting with the CONTRACTOR, OWNER, and regulatory agencies. Budget assumes one 4-hour meeting. • Review 15 technical submittals from the CONTRACTOR • Respond to 10 CONTRACTOR requests for information (RFI) and develop change orders as necessary. • Review Contractor Pay Requests • Review as-built notes provided by CONTRACTOR. Provide 3 hard copies (full size) of the project record drawings to the OWNER. Record drawings will be produced based on contractor as-built notes. Task 3-Field Construction Services • Attend weekly project meetings on site. Budget assumes 2 hours per week for 16 weeks. • Provide daily construction inspection services which requires CHZM HII,L be on site for 2 hours per day during rock excavation. Assumes 30 days on site. • Task 4-Project Management • Supervise project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. • 1Vlonitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. • Prepare and submit a monthly billing with backup documentation, per the agreement. • Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. Assumptions • Travel time and mileage to and from the site that is required as part of this work is chargeable to the owner. • The OWNER shall make the final decision on the award of the contract for construction and the acceptance or rejection of all bids. • Budget assumes that there will be no protests to the apparent low bidder. • The Engineer will not perform an as-built survey. • Budget assumes a 16 week construction period. SDC services beyond this assumed construction ' period is out of the scope of this amendment. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Bid Period Services ~ $4,932 2 Office Construction Services 13,123 3 Field Construction Services 28,874 4 Project Management 6,171 Summary -All Tasks $53,100 • February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT REM NO. J-AA REQUEST Approve Contract for the Meridian Water Department Well Drawdown Meters / SCADA Maintenance with DC Engineering, P.C. for $23,227. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: pate; Phone; Emailed: Staff Initials: Materials present®d at pub8c meetings sha8 become properly of the City of Meridian. x • r~ RECEIVED FES-~~ ~ • Ta WTI Berg; Tara Green Frr~ Cent DolsbY• Stan F~ir~er t~ ! en Grady, Ct~y.Engiu~r Dubee tJ2l01/2Q07 Ros Proposed Agenda Item for Februarys 6, 2007 City Couna') til~tirtg The Public Works t respectfuigs requests the ~ item be placed ~ the F~ntary 6 City Cour>ca7 agenda, under Consent Agenda, for Cour~dl's consideration: Canal (mss for thQ ter Creek Lift Station ar>d Pip~irres. Tvw bid wens received for th~ prgjed as aurur~zed bek~r and d in the aitadhed spne~ • H2 Excavation. LLC x,713.02 • Star Construction, LLC $66,717.00 Tf'~ Prged o of fro pates face try b suss Boise PrtKec~ Control Bound of Cdr ~ pr~r 1o t 15, 2007 and other r+~ated arm m wak Rnded Cantcft A+ct~n: Titus Pubf~ Wane ~ recorrsnends ~Y Council flea catbrad fbr the Caurt~ Cr~sings tar the Bitter Creel[ LiR ~iae aural Pik with Ffx Euca~ra~ora, inc ~ ,713.Q2 and atudltorize the Illia~ar tD sign ft. Amerximent Nb 3 to the Bittrar (:re~C Lift Sta__and F'roi~. CH'L~A HILt_ i~ a task order, scope of wak, and b<xiget Uor the ertgineeting sue. They propose to oars the work for $53,100. Thy ~ an of the m' by ~ Camp on the 12'' of . 20061 the E9 for VVa~sr, Wester, and A~tre Public Works Praje~. Thy services for the servk~ ding aeon ~ the t3itber Creek Ltit Staten arrd This 6adudes Bid Period Services, Olfioe Construction S aurtd Field Cor>gtnx~ Service. •1 .. • • Recommended Council Action: The Public Works Q~ recommends tart CHy Council approves Amendment lVo. 31br ~ Bitter Cre~c Lift Siatlon and Pipelines Proj~t wklt CHZM HILL for ~3,itK1 and author~e tine Mayor to sign tt. '~ Merkiian Water D~artinaait Welt Dravadown A~ters/SCADA Rllairrtercanoe. DC Eru,~ineering, P.C. has subn~tted a task order, scope of irk, and budget for the erring servio~. TtarY propose th the w+~k for $23.227. This is an exber~n of the mbvelianeaus services approved by City Cotgrc~ on the i2'' of t7ber, 20th ~ the X99 S ~ Wa6sr, Water, and M Put~c works Pro~fis. 1'ttis proms pn~vid~ ~ servtoes for recapration ~ the etg egtsprrtent at Wei 21, 71.2:1, 24, 25.28, aesi Z(IB and the ~ of new a hen~uc:ers and dig~al dfepFays at WetL~ 70,11,12,15,16, i7, 18,19 and 20. Cnher that mc~ate the PLC arKl Watdenaare pnirtg required th the exi~g ureters and to integrate the nevu ' v~h the a SODA system. Re~mnumded Canu~ Acbiorr. The Puii MVorlas ~~ ~r City Council app tt~ cottbr~ t~ the Wa~ec mmrt Well Draa-daMm MetensfSCADA Arne ~ Engineerlrtg, P.C. for ~f,227 and a~ta~e ~ Mayor ~ 6. Ttrartic yeti fior yaN oorrs Phase o rite ~ you have any q~ ~g arty ~ these . •a ~~ ENG/NEER/NG January 22, 2007 Mr. Len Grady City of Meridian Public Works 660 E Water Tower Suite 200 Meridian, ID 83642 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax 208.288.2182 Subject: Meridian Water Dept. Well Drawdown Meters / SCADA Maintenance, Task Order No 1. Mr. Grady, Thank you very much for the opportunity to propose on the Well Drawdown meter and SCADA Maintenance project for the City of Meridian Water Dept. The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project will include the recah`bration of the existing equipment at wells 21,22, 23, 24, 25, 26 & 20B. The installation of new pressure transducers and digital displays at wells 10,11, 12, 15,16, 17, 18, 19 & 20. All PLC and WonderWare programming required to recalibrate the existing meters and to integrate the new installations with the existing SCADA system. Electrical Engineering • Determine equipment required at each site. • Coordinate the installation of new equipment. • Develop standard electrical detail drawing for pressure transducer and meter installation. • Complete the programming at all well locations as required. • Complete the WonderWare and SQL_Serverprogramming_at the water department. Electrical Installation by Custom Electric • Purchase and install new equipment. • Document as build conditions. Deliverables by DC Engineering • 90% review documents • Construction documents incorporating review comments. • As built documents at the competition of project. • Electronic copies of all PLC and WonderWare programs used for the project. DC Engineering • Schedule i • DC Engineering has a capable staff that can start immediately. It is anticipated to take approximately 2 weeks to develop 90% review documents once authorization to proceed has been given. Fee Services for Task Order No. 1 shall be completed under the conditions contained in the Master Services Agreement between the City and DC Engineering dated January, 2007. The project will be performed on time and material basis not to exceed $23,227.00 (Twenty Three Thousand Two Hundred Twenty Seven Dollars). This includes $12,200.00 (Twelve Thousand Two Hundred Dollars) for the installation of electrical equipment by Custom Electric. DC Engineering will forward Custom Electric's invoices directly to the city for payment. Services will be billed per our standard rate of compensation as follows: • Principal Engineer, PE: $95 per hour • Project Manager. $85 per hour • Engineer. $80 per hour • Designer. $70 per hour • Drafting: $50 per hour • Clerical: $35 per hour • Reimbursable expenses will be billed at cost plus 10 percent. (For example: reproduction drawings, shipping expenses, etcetera.) Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, Accepted by: DC ENGINEERING, P.C. ~ ~-~E~s~ Lane Huddleston Printed Name Title Owner CITY OF MERIDIAN By: Name: Tammy De Weerd, Mayor Approved by City Council: Date DC Engineering [CORPORATE SEAL] Attest William G. Berg, Jr. City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 i DC Engineering m m m m m m m m m ~~ ~ a~ _~ ~ ~ ~ ~ o m ~, m ~ m ~~~~~o O Cq W '~J ~ CTt N -' ~ m am ~ N ~ ~ ~ N ~ ~ ~ i .+. Q ~ ~ Q N ~ ~ N ~ ~ _ cD ~ ~ c ? • , n ~ ~ o -a s m ~ N z ~ W W ,A, O N "• C s~~~~ o ~D z ~ , ~ o~o~ ~v<~, ;~~:Q ~~ Q~ - ~~ ~ ~ ~ o ~~~~ Q N ~ ~ CD N J ~ CD o a. ~~ m ~ o ~ ~- ~ .n ~ ~ ~ '° o ~°-m-, -, ~ N tQ O n O D p D A c 0 0 n 0 y ~a ~ ~ ~ ~ ~ ~ > ~~ - C _~ 0 ~ ~ ~ Q Q ~ ~ ~ ~ ~ ~ 0 p c v N rn N O O V o r(~p n ~~m = o ~ n ~ n -, m ~ Q; m rt ~ ~ O ~ ffl ~ C fD v m 0 0 -, c~ 'na~m~ ~ m?3 0 0 oo~~ m ~ ~ w~t,- a ~~~~~ ~ N~~ ct ~yo ? ny woo r ~ v 4 d ~ ~C ~ ~ N O y ~ ~*k~ oN'~' V ~ V ~n°° .~ ti. O rn P j- n A 1L O • February 2, 2007 C~ MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT tTEM NO. Jl'-BB REQUEST Approve Contract for the Task Order 2 with HDR Engineering, Inc. for $ l 0,x.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pr®sent®d crt public mseNngs shall become properly of fhe Cityr of Meridian. • RECEI4.+;~r ~E~ 0 ~ 200 cGity Ofl~erradian Caty Clerk Oi~ce Memo To: William Berg, Jr.; Tara Green From: Robin Jack, GIS Technician CC: Len Grady, P.E., City Engineer Date: 02/01/07 Re: Proposed Agenda Item for February 6, 2007 Ciiy Council Meeting The Pubiic Works Department respectfully requests the following item be placed on the January 16th City Council agenda, under Consent Agenda, for Council's consideration: Task Order 2. HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering support services. They propose to complete the work for $10,000. This project provides engineering support services to the City of Meridian Public Works Department and Information Technology Staff related to GIS Activities. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Task Order 2 with HDR Engineering, Inc. for $10,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me iF you have any questions regarding any of these items. • Page 1 TASK ORDER N0.2 • CITY OF MERIDIAN (OWNER) HDR ENGINEERING, INC. (CONSULTANT OR ENGINEER) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 2007. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO MISCELLANEOUS ON-CALL GIS SERVICES BACKGROUND The City of Meridian has made an investment in establishing a GIS available to City users over a local area network. GIS has been implemented on the City's network GIS to support water and wastewater master planning, to enhance responsiveness to information requests by the public, and to provide a common database of information from which others City departments can access. In late 2002, the City of Meridian contracted with HDR Engineering, Inc. (HDR) to perform a Geographic Information Systems Needs Assessment (Needs Assessment). The Needs Assessment helped the Public Works Department understand the many ways in which a GIS could be used to support current and future activities in the department. In 2004, the City amended the GIS Needs Assessment contract, called Needs Assessment Phase 2, to purchase hardware and software, install these items, and train staff on the use of GIS. In February 2005, the City contracted with HDR to provide a mechanism through which City of Meridian Public Works and Information Technology staff can access the technical expertise of HDR staff directly. In October 2005, the City renewed the contract with HDR to continue on-call GIS support through fiscal year 2006. HDR has been applying GIS technology since the early 1990's and continues to deliver on projects that have involved GIS technology in public works civil engineering and other disciplines. These projects have included the utilization of GIS to support water distribution system, wastewater collection system, and storm water conve~anoe system analysis and design, as well as assist in environmental analysis for water resources and transportation planning. The purpose of this task order is to provide On-Call GIS Services through the City's fiscal year 2007, beginning October 2006 and continuing through September 2007. The purpose is to continue to provide a mechanism through which City of Meridian Public Works and Information Technology staff can access the technical expertise of HDR staff directly PROPOSED SCOPE OF SERVICES The following task sets forth the scope of consultant services, time of completion and compensation in providing technical assistance to support City staff as they continue their GIS implementation. Page 1 of 5 January 9, 2007 C:\Documents and Settings\jackrWly DocumentsWDR\GIS Task Order 2-2007-01-05.doc • TASK 1. GIS CONSULTING rl_.G~ Objective. To provide technical support to the City of Meridian Public Works Department related to GIS activities. If additional support is requested during non-holiday working hours of 8:00 AM to 5:00 PM, HDR is available to respond on an on-call time and materials basis. Approach • HDR will provide miscellaneous on-call support to answer questions from the City of Meridian Public Works Department staff regarding the operation and uses of GIS. • HDR will perform short duration work assigments under the direction of the City's GIS Analyst. • HDR staff will work closely with City staff to provide a "technology transfers understanding of the tools and techniques used to complete work assignments. City Responsibilities • On-Call GIS Services will be performed by HDR with either a written request for services via e-mail, fax, or letter from the City of Meridian GIS Analyst, or by telephone or personal conversation from the City of Meridian GIS Analyst. • The City will provide access to the data necessary to complete requested work assignments. Assumptions • Services will only be performed once confirmation of requested services has been sent from HDR staff to the City of Meridian GIS Analyst. • The schedule to perform services will be negotiated at the time services are requested. • Automation tools developed under this agreement will be provided to the City without warranty. HDR will maintain a copy of the tool to be able to provide phone support. Products • Status report describing the services provided in each invoicing period. Page 2 of 5 January 9, 2007 C:\Documents and Settingsyackr\My DocumentsUiDR\GIS Task Order 2-2007-01-05.doc PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO MISCELLANEOUS ON-CALL GIS SERVICES The project schedule for performing the GIS Services is as follows: Activity or Milestone Date Notice to Proceed (NTP) January 15, 2007 Task 1 Completion September 30, 2007 1 1_.G Page 3 of 5 January 9, 2007 C:\Documents and Settings\jackrUVly Documents\HDR\GIS Task Order 2-2007-01-05.doc ~ • ~ COMPENSATION CITY OF MERIDIAN, IDAHO MISCELLANEOUS ON-CALL GIS SERVICES HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For Task 1 described in the Scope of Services, HDR estimates a professional services fee of not to exceed $10,000 without written authorization from the City. HDR will provide services up to the extent of the authorized fee billed at the following rate schedule. Rate Schedule The rates shown in this schedule include overhead and profit, as well as project management and cost control. Direct expenses, including travel, postage/packaging, telephone/fax, printing, and other expenses will be billed separately from the labor rates. Adjustments to labor rates will occur annually in January. Staff Member Dlsclolln® Labor Rate Rick Lovel GIS Analyst $94.00 Diane Holloran GIS Analyst $94.00 Scott Martin * Information Systems Technician $109.00 John Evans GIS Programmer $160.00 Ernesto Mejia GIS Programmer $125.00 Nicolas Fontaine Assistant GIS Programmer/Engineer $105.00 Michael Flores Quality Control Reviewer $188.00 * Scott Martin's time will be limited to less than 8 hours per week. Page 4 of 5 January 9, 2007 C:\Documents and Settings\jackr\My Documents\HDR\GIS Task Order 2-2007-01-05.doc 1 L~ ~ AUTHORIZATION CITY OF MERIDIAN, IDAHO MISCELLANEOUS ON-CALL GIS SERVICES CITY OF MERIDIAN CONSULTANT By: TAMMY de WEERD, MAYOR LARRY V. HOFFMAN, VICE PRESIDENT Attest: WILLIAM G. BERG, JR., CITY CLERK Page 5 of 5 January 9, 2007 C:\Documents and Settings\jackrlMy DocumentsU-IDR\GIS Task Order 2-2007-01-05.doc February 2, 2~7 Department Reports MERIDIAN CITY COUNCIL MEETING February $, 2~7 APPLICANT Public Wori<s Department REM NO. 6-A-1 REQUEST Broadway Water and Sewer Project Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CfTY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: GITY 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 Contacted: Date: Phone: _ Emailed: Sfaff Initials: Materfols presented at pubec meeting shall become properly of the City of Merman. CHANGE ORDER NO. 1 DATE OF ISSUANCE ~ ff ~7 EFFECTIVE DATE /'r G7 OWNER City of Meridian CONTRACTOR: Owyhee Constuction. Inc.. CONTRACT: Broadway Avenue Water and Sewer Improvements Description: This change order consists of the following work: • Amend specifications to allow for closure of Meridian and Main Street intersections between 6 am Saturday and 6 am Monday. • Reduce the bid price for night work by $22,500. • Add 30 days of dewatering if needed at $750 /day to contract (total is $22,500) CHANGE IN CONTRACT PRICE: Original Contract Price $ 817576.50 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order: $ 817576.50 Net increase (decrease) of this Change Order: Contract Price with all approved Change Orders: X817576.50 RECOMMENDED APPROVED Kyle Radek, PE Staff Engineer Tamm a ee Date: ~ ' ~ T Date: <I Approved by City Council: ~~~ 7 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 ail approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) >'~\a~`eA0`\ 1 F B n E c u B! 10 JBIi`A~®.? w~ ~~~ a~ 0~ A e._ / ® William G. Berg Jr., ~' ~ r o ~ Date: ~` ,.. ~ ~ '/~/,~~~~!!llorii nint~~~d~~~~~~, EJCDC 1910-8-B (1996 Editlon) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Constructlon Specifications Institute. February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. S REQUEST Request for Reconsideration of Denial for Annexation and Zoning and Prelminary Plat for Portico Plat Subdivision by Portico Place, LLC: 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 Request /Minutes Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 2, 2007 AZ 06-052 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Portico Place, LLC 9 REQUEST Findings for Denial -Request for Annexation and Zoning of 5.17 acres from RUT to R-8 zones for Portfico Pi®ce Subdivision -- 1780 East McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Sae Bch®d FIndM~s Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properiy~ of Nee Gity of Meddlan. February 2, 2007 PP 06-053 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Portico Place, LLC 1 p REQUEST Findings for Denial -Request for Preliminary Plat approval of 2b 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 East McMillan 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 Findings Date: Phone: _ Staff Initials: Materials presented at publk meetings shall become property of the City of Meridian. • • February 2, 2007 FP 06-054 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Gemstar Development, LLC ITEM NO. 11 REQUEST Request for Final Plat approval of 26 single-family residential building lots and 6 common lots on 10.59 acres in an R-8 zone for Southwick Subdivision -- 1255 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C February 6, 2007 IN THE MATTER OF THE APPLICATION OF GEMSTAR DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 26 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 10.59 ACRES IN AN R-8 ZONE LOCATED AT 1255 WEST USTICK ROAD IN THE GOVERNMENT LOT 4 OF SECTION, T. 3N., R.1W. CASE NO. FP-06-054 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 February 6, 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: February 6, 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 SOUTHWICK SUBDIVISION LOCATED IN THE GOVERNMENT LOT 4 OF SECTION 1, T. 3N., R.1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/16/06, ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR SOUTHWICK SUBDMSION / (FP-06-054) Page 1 of 4 i • SHEET 1 OF 5, BAILEY ENGINEERING, INC.", GEMSTAR DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 6, 2007, listing 20 SITE SPECIFIC REQUIIZEMENTS/FINALPLRT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., 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 Nampa & Meridian Irrigation District, 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 February 6, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHWICK SUBDIVISION / (FP-06-054) Page 2 of 4 • 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: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHWICK SUBDIVISION / (FP-06-054) Page 3 of 4 • • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of -~ ~~ ~L~ GC, i'~~ , 2007. ,,,~i;~~~d~b; /i Syr .e/ ~~ ."° ~,~ ~ l~yor, ity f Meridian Attest: ~ ~ ~r° ° ~~;~~ William G. Berg, Jr., Ci ler °s,,• r ~~~ ' ~o~` .® ~, ®~` Copy served upon Applicant, the Plannin~~d ~ ~'4Department, Public Works Department, and City Attorney. By: .~ D ~ ®o ~~ Dated: ~ - ~ ~®~ ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR SOUTHWICK SUBDIVISION / (FP-06-054) Page 4 of 4 i ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: February 6, 2007 Transmittal Date: February 1, 2007 Mayor and City Council ~~ J; ,~ ,. ,;' ~ ~' ~m~ ~ ~. ~~• Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ ~ Southwick Subdivision Final Plat Request for Final Plat Approval of Southwick Subdivision Consisting of 26 Single-Family Residential Building Lots and 6 Common Lots on 10.59 Acres in an R-4 Zone by Gemstar Development, LLC (File# FP-06 05~. We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SiJNIlVIARY & LOCATION The applicant, Gemstar Development, LLC, has applied for final plat approval of 26 single-family residential building lots and 6 common lots on 10.59 acres of land for Southwick Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 3.02 dwelling units per acre and the net density is 4.69 dwelling units per acre. Southwick Subdivision is located east of Linder Road at 1255 W. Ustick Road in the NW 1/4 of T. 3N., R.1 W., Section 1. This property has not been previously platted. The Meridian City Council approved the preliminary plat for Southwick Subdivision on September 12, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Southwick Subdivision with the comments and conditions stated in this report. STTE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-06-018) and annexation and zoning (AZ-06-019). 2. The construction plans do not indicate the source for the required pressurized irrigation system. Per City Code, surface water shall be utilized for the irrigation source. If a pump station is to be located on site then it shall be located in a common lot, outside of any required landscape buffers. 3. The applicant has not indicated who will own the pressurized irrigation system in this development. If it is to be owned by the Homeowner's Association then a draft Operations and Maintenance Manual shall be submitted prior to construction plan approval, with a "final draft" being submitted prior to final plat signature by the City Engineer. If it is to be owned and operated by an irrigation district then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit "A" FP-06-054 Southwick Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All lots encumbered by the AE flood plain shall receive elevation certification. 6. Staff is uncertain if the Ada County Surveyor will allow the graphically depicted flood plain line to remain on the plat. If it is not allowed, after the recordation of the plat, the applicant shall submit to Public Works at addressing time an entirely separate plat with the flood plain line shown to aid in tracking of lots requiring elevation certification. 7. Prior to construction plan approval the applicant shall submit a "No Rise Analysis" for the crossing of the Creason Lateral. 8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 9. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 10. The bearings in the second and third call out in the Certificates of Owners do not match what is shown on the plat. The applicant shall ensure the legal description in the Certificate of Owners matches what is depicted on the plat, and that both are accurate. 11. The scales on pages 2 and 3 of the plat are incorrectly labeled. The applicant shall revise the plat so the depicted scale is the actual scale of the drawing shown. 12. The existing house on Lot 3, Block 2 shall be required to connect to City Services. The applicant shall be responsible for the payment of assessments prior to signature on the final plat. The applicant shall be responsible for the actual physical connection to the municipal services prior to Certificates of Occupancy being issued in this subdivision. 13. The plat shows a graphically depicted 10-foot wide gravity irrigation easement along Lots 10, Block 3, and Lot 2, Block 4. However the construction plan shows no facility being installed there. Either revise the construction plans to show the gravity irrigation line that is being installed, OR remove the depicted easement from the face of the plat. 14. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines, where a pressurized irrigation main is being installed. The following lot lines need the extra easement dedicated according to the submitted construction plans, these may change due to redline comments. a.) The south boundary of Lot 3, Block 2. Exhibit "A" FP-06-054 Southwick Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16. Please 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. 17. Revise or add the following plat notes on the face of the plat prepared by Idaho Survey Group, and dated 10/16/06: 7.) Include instrument number. 9.) Revise to read, "...shall be in compliance with '°'~+'° " °„a '''~+'° the applicable zoning reQUlations of the City of Meridian at the time of building_permit submittal." *.) Add note, "Direct lot access to Ustick Road is prohibited." 18. The landscape plan, prepared by The Land Group, and dated 01/24/07 shall be revised as follows: a. Include fencing details for the fencing on the north and west boundaries of Lot 3, Block 2 (i.e. construction materials, & picture/sketch). b. Show and label the Cresson Lateral on the plan. c. Depict the required landscaping adjacent to the Creason Lateral on the plan. Submit three full-size copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staff s failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Creason 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 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. Exhibit "A" FP-06-054 Southwick 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 imgation, 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 may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Southwick Subdivision (FP-06-054) with the albove stated conditions. Exhibit "A" FP-06-054 Southwick Subdivision FP.doc PAGE 4 • alley Engineering,lnc. CIVIL ENGINEERING{PLANNINGjCADD DATE: Febivaiy 5, 2007 TO: Mayor and City Council RE: Southwick Subdivision Dear Mayor and City Council, On behalf of our client we would like to state that Gemstar Properties, LLC., agrees with all Site Specific Comments and Conditions set forth in the final plat for Southwick Subdivision. Thank you for your time and consideration, Sincerely, Aj Lopez Development Services 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 20&938-0516 www. baiievena ineers. com Exhibit "B" i -~S:Sii~: ~.it ... .. :. T ~~: c..'.. .: i' :' i~~~ ~ "iii !~~ ~ ~/ t1 ~ ' I . ~ I I • 1503 FIRST STREET SOUTIi NAMPA, IDAHO 83651-4395 FAX #208-463-0092 Phones: Area Code 208 OFFICE: Nampo 466.7861 SHOP: Nampo 466-0663 City of Meridian City Clerk's Office William G. Berg Jr. 33 East Idaho Avenue Meridian, ID 83642 RE: FP 06-054/Southwick Dear Will: Please be advised that the easement listed for the Cresson Lateral is incorrect. The correct easement is sixty feet (60'). This needs corrected. The Final Plat is not acceptable to Nampa & Meridian Irrigation District at this time therefore it is not approved. ALL WORK WITHIN NAMPA & MERIDIAN IRRIGATION DISTRICT FACILITIES MUST BE COMPLETED BY MARCH 15, 2007, Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File - OfficelShop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIG1iT5.40,000 Exhibit "C" 10 January 2007 • February 2, 2007 FP 07-001 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Bellingham Park, LLC ITEM NO. 1 Z REQUEST Final Plat approval for 41 single-family residential building lots and 5 common lots on 11.85 acres in an R-8 zone for Bellingham Park Subdivision No. 4 -Locust Grove Road and approximately 1 /2 mile south of Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C February 6, 2007 IN THE MATTER OF THE APPLICATION OF BELLINGHAM PARK, LLC FOR FINAL PLAT APPROVAL OF 41 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 11.85 ACRES IN AN R-8 ZONE LOCATED ON LOCUST GROVE ROAD AND APPROXIMATELY A'/Z MILE SOUTH OF VICTORY ROAD IN THE SW 1/ OF SECTION 29, T. 3N., R. lE. CASE NO. FP-07-001 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 February 6, 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: February 6, 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 BELLINGHAM PARK N0.4 LOCATED IN THE SW 1/ OF SECTION 29, T. 3N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COLTNT'Y, IDAHO 2007, HANDWRITTEN DATE:12/12/06, SHEET 1 OF 5, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION N0.4 / (FP-07-001) Page 1 of 4 • • BAILEY ENGINEERING, INC.", BELLINGHAM PARK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 6, 2007, listing 19 SITE SPECIFIC REQUIltEMENTS/FINALPLRT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their February 6, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION N0.4 / (FP-07-001) Page 2 of 4 C~ State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more 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, withintwenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDMSION N0.4 / (FP-07-001) Page 3 of 4 • 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 Lp `f~ day off' l~~Vt ~~, V , 2007. „,„,.,,,,By,. ~~"~ ~ ~ `~~ 1'~iayor i of Meridian Attest: ~ ~ ~~~ _ ~ ® oo ~~ `. William G. g, ty ~- , ® h Copy served upon Applicant, the Pl e~annirf~~a~ds~ogDepartment, Public Works Department, and City Attorney. By: ~ ~ o o ~ Dated: ~ _ ~ ~~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.4 / (FP-07-001) Page 4 of 4 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: Hearing Date: February 6, 2007 Transmittal Date: February 1, 2007 Mayor and City Council ~ ~~~ ~~~ e-r~° ~~ ~~ ~ i~ ~~ ~~ ~,;„ ~` ~~~{. ~~~ Kristy Vigil, Assistant City Planner r'" Michael Cole, Development Services Coordinator ~ ~ SUBJECT: Bellingham Park Subdivision No. 4 Final Plat Request for Final Plat Approval of Bellingham Park Subdivision No. 4 Consisting of 41 Single-Family Residential Building Lots and 5 Common Lots on 11.85 Acres in an R-8 Zone by Bellingham Park, LLC. (File# FP-07-001). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUIVIlVIARY & LOCATION The applicant, Bellingham Park, LLC, has applied for fmal plat approval of 41 single-family residential building lots and 5 common lots on 11.85 acres of land for Bellingham Park Subdivision No. 4. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 3.88 dwelling units per acre and the net density is 5.08 dwelling units per acre. Bellingham Park Subdivision No.4 is located on the east side of South Locust Grove Road, approximately 1/Z mile south of Victory Road in the SW 1/4 of T. 3N., R.IE., Section 29. This property has not been previously platted. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). The City Council approved the preliminary plat for Bellingham Park Subdivision on July 26, 2005 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No. 4 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-007), preliminary plat (PP-OS- 009), conditional use permit (CUP-OS-008) and development agreement (Inst. No. 105134292). 2. 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 from NMID shall be submitted prior to scheduling of apre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer Exhibit "A" FP-07-001 Bellingham Park Subdivision No. 4 FP.doc PAGE i ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fon~ns of easements, for any mains that are required to provide service. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 6. All manholes not in the right-of--way shall have a 14-foot all weather access road constructed to them to allow for routine maintenance. 7. This property has a Development Agreement that states, "That development of Phases III and IV shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases II and III." Therefore, the City will not issue building permits on this phase until the FEMA-approved LOMAR is submitted to Public Works. 8. If the bridge crossing of the Ten Mile Creek is to be done on this phase a "No Rise Analysis" shall be submitted to Public Works prior to plan approval. 9. Label the "Real Point of Beginning" on the face of the plat. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Per the Development Agreement, the Developer shall dedicate Lot 15, Block 14 to the Nampa and Meridian Irrigation District. 12. Please 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. 13. At the City Council preliminary plat hearing for this project the applicant testified that all buildings in this development would use slab-on-grade construction. Slab-on-grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. 14. Prior to signature on the final plat by the City Engineer the applicant shall submit a copy of the covenants for Bellingham Park Subdivision No. 4 stating that the owner of the lot shall be Exhibit "A" FP-07-001 Bellingham Park Subdivision No. 4 FP.doc PAGF • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT responsible for maintenance of the drainage swale located on ACHD right-of--way fronting on the lot. 15. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of--way shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 16. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering, Inc., and dated 12/12/06: 7.) Include instrument number. (*.) Add note: "This plat is subject to a development agreement recorded as Instrument Number 105134292 of Ada County Records." 17. The landscape plan, prepared by Jensen Belts and dated 12/18/06, shall be revised as follows: a. Show the required sewer access road on the northwestern portion of Lot 15, Block 14; b. There is a sanitary sewer line located within the northwestern portion of Lot 15, Block 14. Therefore, trees are not permitted on the northwestern portion Lot 15, Block 14, revise plan accordingly; c. Relocate nine of the trees proposed on the south side of E. Deerhill Drive and the west side of S. Highcliff Drive, currently within the right-of--way, to be within Lot 8, Block 15 and Lot 13, Block 16 -the other trees shall be installed in the right-of--way, if allowed by ACHD; d. Unless allowed by ACHD, remove the trees on the east side of S. Highcliff Avenue and the north side of S. Bradcliff Avenue, currently within the right-of--way; e. On the plan, depict the crosswalk constructed of pavers for the multiuse pathway on the west side of S. Highcliff Avenue, intersecting S. Bradcliff Avenue and E. Deerhill Drive; f. Add an additional tree to Lot 23, Block 14 on the west side of the multiuse pathway; g. Because there is a sanitary sewer easement on the north side of Lot 13, Block 16, the three trees shown on the plan shall be relocated within the open area of the lot; h. Include the symbol for the multi-use pathway in the legend or include label on the plan; i. Revise the calculations table to include the acreage dedicated for common open space, the mitigation for removal of exiting trees, and to accurately depict the mentioned changes regarding trees. ,Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 18. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11.Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the Exhibit "A" FP-07-001 Bellingham Park Subdivision No. 4 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 19. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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 prepazed by the landscape azchitect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Exhibit "A" FP-07-001 Bellingham Pazk Subdivision No. 4 FP.doc PAGE • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMI~~NDATION Staff recommends approval of the final plat for Bellingham Park Subdivision No. 4 (FP-07-001) with the above stated conditions. Exhibit "A" FP-07-001 Bellingham Pazk Subdivision No. 4 FP.doc PAGF alley Engineering,lnc. CIVIL ENGINEERING~PLANNING~CADD DATE: Febnaary 2, 2007 TO: Mayor and City Council RE: Belllingham Subdivision No. 4 Dear Mayor and City Council, On behalf of our client we would like to state that Gemstar Properties, LLC., agrees with al] Site Specific Comments and Conditions set forth in the final plat for Bellinghanz Subdivision No. 4. Thank you for your time and consideration, Sincerely, - ~ Aj Lopez 1500 E. Iron Eagle Drive • Eagle, Idaho 83616 • Tel.: 208-938-0013 • Fax: 208-938-0516 www. baileyengineers. com Exhibit "B" February 2, 2007 MFP 06-006 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Pacific Landmark Development ITEM NO. 13 REQUEST Modify the approved fencing, landscaping and amenities for Madelynn Estates (aka Basin Creek} - 5603 N. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Commerrfs CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdfan. February 2, 2007 RZ 06-008 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Farwest, LLC ITEM NO. 14 REQUEST Continued Public Hearing from January 23, 2007 -Request for a Rezone of 8.96 acres from R-4 to C-N zones for loct>Isa Falls Office /Commercial Addition -south of Chinden Boulevard and west of North Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous item packet /Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. February 2, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest, LLC REQUEST Continued Public Hearing from January 23, 2007 -Request for Modification of the approved CUP/PD to remove requirement for detailed CUP approval for dev. in lots 41-45, block 49, Lochsa Falls No. 12 for Lochsa Falls 081ce j Commercial 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: MCU 06-002 February 6, 2007 ITEM NO. ~ 5 COMMENTS See previous ffem packet /Minutes See attached Recommendations Date: Staff Initials: Contacted: Emailed: Phone: Materials presented at public meetings shall become properly of the City of Meridian. February 2, 2007 AZ 06-045 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Wirt Edmonds ITEM NO. ~ 6 REQUEST Public Hearing -Request for Annexation and Zoning of 7.55b acres from ai it +~ nr, R_4 ~c~ne for Eastwood Subdivision - 4515 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: COMMENTS See attached P8~Z Item Packet / Minutes See attached Memo See attached Recommendations OTHER: See attached Affidavit of Posting Contacted: Date: rnone: Emailed: Staff Initials: Materials presented at pubtlc meetings shall become property of the City of Meridian. February 2.2007 PP 06-047 MERIDIAN CITY COUNCIL MEETING F@brUQry 6.2007 APPLICANT Vi/Irt ~dm®nds ITEM NO. , 7 REQUEST Public Hearing -Request for Preliminary Plat approval of 24 single-family residential lots and 3 common lots on 7.556 acres in a proposed R-4 zone for E®stwood subdtvisian -- 4515 Sou#h 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: 1DAH0 POWER: US W EST: INTERMOUNTAIN GAS: MERiD1AN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall becanrte property At the City of Meridian. February 2, 2007 TE 07-001 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Oliver Cleaver ITEM NO. 18 REQUEST Public Hearing -Request for an Eight (8} month Time F,ctension to record the Final Plat for Secret Garden Subdivision - 2490 N. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: No Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached email from 411ver Cleaver Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 PP 06-045 APPLICANT Spurwing Limited Partnership ITEM NO. ~ 9 REQUEST Cont. Public Hearing from 1 /9/07 -Request for PP approval of 73 residential bldg lots consisting of 46 attached single-family units & 27 detached single-family units 8~ 6 common lots on 20.51 acres in proposed R-8 zone for Spunwing Patio Homes Sub 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 /Minutes MERIDIAN POST OFFICE: OTHER: Lefler from Susan Wildwood !Email from Chris Watson /Memo from Spink Butler Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 2, 2007 VAR 06-020 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Spurwing Limited Partnership ITEM NO. 20 REQUEST Continued Public Hearing from January 9, 2007 -Request for a Variance to exceed the maximum block length allowed under UDC 11-2D-3C for Spurwing Patio Homes Subdivision -northeast comer of North Ten Mile Road & West Chinden Blvd 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 / Mlnufes MERIDIAN POST OFFICE: OTHER: letter from Susan Wtldwood / Email from Chris Watson /Memo from Spink Butler Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 2, 2007 AZ 06-043 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Spurwing Limited Partnership ITEM NO. 21 REQUEST Public Hearing -Request for Annexation and Zoning of 20.51 acres from R-R to R-8 zones for Sputwing Patio Homes Subdivision -northeast comer of North Ten Mile Road and West Chinden Boulevard 8~ west of North Spurwing Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached Minutes MERIDIAN POST OFFICE: OTHER: Lefler from Susan YYildwood / Eman from Chris Watson !Memo from Spink Butler Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 2, 2007 AZ 06-055 MERIDIAN CITY COUNCIL MEETING February b, 2(}07 APPLICANT City of Meridian Public Works Department ITEM NO. 22 REQUEST Ordinance -Request for Annexation and Zoning of 1.12 acres from RUT to an R-4 zone for Gene and Freda Babbitt - 2570 South Locust Grove 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: ff / l~ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRI T: d C SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: ~ ~~ Phane: ~~~~~ Emailed: Staff Initials: Materials pr®sented at public mee gs shaU become property of the CMy of Meridian. ADA COUNTY RECORDEB.J~AVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02115/07 M DEPUTY Neaua Haney III IIII'I'I'I'lllll'lll'I'III'I'll'11 RECORDED-REQUEST OF Meridian City 1 ~~E~~24~ r CITY OF MERIDIAN ORDINANCE NO. ~ ~' ~ Z ~® BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-055 BABBITT ANNEXATION) FOR ANNEXATION OF PROPERTY BEING SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, 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 FII.ED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Gene and Freda Babbitt. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-055 BABBITT ANNEXATION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the ntle requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~'~ day of ~ ~4'~i~,a ~yJ , 2007. LAPPROVED BY THE MAYOR OF THE CITY OF M~'ERIDIAN, IDAHO, this 6 ~~ day of ~,,P Lj !~-~ ~, !ij '/' 1 A G. ANNEXATION OF \~~ 0~~~~ ~`dG~~bs'f ~" ' •'.~~ ~, JR., (ALE ~~~ ~ ~ `" ~ ~ ®~ /~/I/IJPPii H 1874~~~~'~~` AZ-06-055 BABBITT ANNEXATION .Tve /3®~--tom. Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this ~~ day of ~('~,t(krt,Y , 2007, before me, the undersigned, a Notary Public in and for said State, personally app ed.~T -de ~be ~3C,r-~cd. WHEi~and WILLIAM G. BERG, JR., known to me to be the~yo~~~"nity Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,o ~ . i ~r ~ `o s a ~ ~ / ~ ~ ' ~ . • ,'®• G' ~ ~°o is ,~,rq '~, .'~~1 j"(J rjy .O ,~• ' •• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ l UC V I , ~ ~ MY COMMISSION EXPIRES: 0 G- I I -I ! ANNEXATION OF AZ-06-055 BABBITT ANNEXATION Page 3 of 3 BOUNDARY DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO BABBITT ANNEXATION A parcel located in the NW ~4 of the SW 1/ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of the SW % of said Section 20, from which a steel bar marking the northwesterly corner of said SW 1/ bears N 0°44'49" E a distance of 2654.68 feet; Thence N 0°44'49" E along the westerly boundary of said SW 1/a a distance of 1991.01 feet to the POINT OF BEGINNING; Thence continuing N 0°44'49" E a distance of 203.04 feet to a point on the extension of the boundary of LOS ALAMITOS PARK SUBDIVISION NO. 1; Thence leaving said westerly boundary S 89°15' 11" E along said LOS ALAMITOS PARK SUBDIVISION NO. 1 boundary a distance of 242.78 feet to a point marking an angle point in said LOS ALAMTTOS PARK SUBDIVISION NO. 1; Thence continuing along said LOS ALAMITOS PARK SUBDIVISION NO. 1 boundary S 0°44'49" W a distance of 200.00 feet to a point; Thence leaving last said boundary N 89°58' 11" W a distance of 242.80 feet to the POINT OF BEGINNING. This parcel contains 1.12 acres. Prepared by: Glean K. Bennett, PLS Civil Survey Consultants, Inc. October 20, 2006 50~ ®, .. ~~~ ~~~- ~ ~~~ REVS ov~,L BY OCT ~ 4fd 2~~6 MERtDFAN PUBLIC WORKS DEPT. SKETCH TO ACCOMPANY ANNEX4 TION DL',S'CRI FOR PARCEL LOCATED IN THL" NyY 1 4 OF PTION OF ,SECTION ,20, TOTYNSHI ~ THE' STY 1/4 BDISE MERID P 3 NORTH, RANGE ~ RA,sT IAN ADA COUNTY, IDAHO 1/4 ~- _ _~ T/ME ZONE ORNE ~~ - ~ ~ SCALE.- 1 =50' / BLOCK 4 ~ \ S 89'15'11'" E 242.78' \ h N O ~ ~ O BABB/TT O ~ . 0 1.12 ACRES l ~ O N ~ BLOCK 3 Z LOS ALAM/TOS PARK SUED/ti/S/ON NO 1 . O O ~ O N ' ' " 89 58 11 W 242.80' j O ° v ~ .~ BYE ROYAL - OCT ~ ~ 2~Q~ 19 20 MERIDIAN EUBLIC 30 29 WORKS DEPT. _ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- %Z ~D PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being located in the NW'/a of the SW 1/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.12 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ ~ cif ~ ~_~ -~2•- ;.~,~y` ~ ~ " ~ u~ 2007. ~! ~~l/[~+.~ ~ ~ f s - r-~ ~o~~ ~o Mayor and City Council of City of Midi By: William G. Berg, Jr. City Clerk ~ - First Reading: Z - ~ -- O' Adapted a~er~"us~read' by suspension of the Rule as allowed pursuant to Idaho Code 5~-90 YES ~O Second Reading: - ~ ~ STATEMENT OF MERIDIAN CITY ATT(~~~''~ AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- /Z~?O The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- f ?L D~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of _ ~~~ ~'~ ~ ~ , 2007. ~~ ~ ~ William. L.M. N ,City Attorney ORDINANCE SUMMARY - AZ-06-055 BABBITT ANNEXATION Page 1 of 1 • February 2, 2~7 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 AZ ®6-053 APPLICANT Ada County Highway District ITEM NO 23 REQUEST Ordinance -Request for Annexation and Zoning of 2.0 acres from RUT to an L-O zane for Ada County Htghw~ Dishict locus Grove Road Pond - 1280 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Orrdinance 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: ~3 ~, ~y ~l d Phone: Emailed: ~,~ ' , fc~v tnG ~- p~ Staff nitials: ~_ M eriais pr®s®nted at p Uc nueMnes st~a8 become property of the Ctty of Mecldtan. ~ ADA COUNTY RECD "~ `AVID NAVARRO AMOUNT .00 BOISE IDAHO 02115/~~ d1.,,o PM DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF Meridian City 1070C~~~E CITY OF MERIDIAN ORDINANCE NO. (/ ~° lZ ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-053 ADA COUNTY HIGHWAY DISTRICT LOCUST GROVE ROAD POND) FOR ANNEXATION OF PROPERTY BEING SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, 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 L-O (LIlVIITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Ada County Highway District. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-053 ACHD LOCUST GROVE ROAD POND Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) 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 ~-e ~ 6'Gc a ~` ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~-2lJ ~''G~ GL h ~J ,,2~ff87 ~t~:i!;Iriii:7 ` t\` ~u ~r a 'v.' L t> ~ 6 >1 ATTES ~' ,~°~ _ c L - WILLIAM G. BERG, JR CI C ~ Ei ANNEXATION OF AZ-06-053 ACHD LOCUST GROVE ROAD POND Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this L9~' day of Febru a , 2007, before me, the undersigned, a Notary Public in and for said State, personal y app ed an ~~ ~'~''~'^ WILLIAM G. BERG, JR., known to me to be the ~ an~~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. x•e~~seo~`~ SSE ;a'~,P',1-,°~°--~-~~~ e ~ ~ a O f e .~ ~ ~ • • ; ; ~ ~ e • ` ~ ~~ i 1 ~®~.TE ®F: ~~ o NOTARY PUBLIC FOR IDAHO RESIDING AT: C(~~ ~ ~ b J, , Ih MY COMMISSION EXPIRES: ~ G-1 B -1- ANNEXATION OF AZ-06-053 ACRD LOCUST GROVE ROAD POND Page 3 of 3 m LO{UST GROVE' RC~~ _. _ 34~,83~. 1 <c~ ~ `. =~ :=~ X X ~~` C3 ;,! ~. p t p. n: ,: °i -F' . I Q M ~~ ~~ ~. -. ... ~ ~ ~m ~ , Q~ ~ m ~p ~ CAA ~ ~ ,D mC ~ -tea ~ . ti °. r I~ ~ ~ I - ~. : m ~ i ~. ~. ~: c, ~ n• ~ ~ ~:~ ~~, . M ~.c~ v ~ ~ ~; ~~ ty o ~ ~ ~ '~ .. ~ a•w 1" . ~. ~. . t*7. ~~gg o 1 t7 ~ ~i% ~' d: f!1 ~ G~ {'~'I: ~i. s;. / hrtx~ ~x~a c~®; Ynq~_ (~cfc~lier 4: 2U{~6 ~f'sGrtptltl~l; ;. I~,cus~"Grove I?eterifiz~ Puzid 12$~'N. ~.ocu~t ~~-v~-~d. ~~~klin: to.F"ai~tcievv~: ~~; acres; tree#.~~.tand ~it~a.~tec~ xn~a a~i~~:c#h~ ~l'~rt~~west aQu~r~e~:o~aect~vr~.$~T~,wanshig3:. worth, ~ainge 1 f; inure ~arlieularly descri~ as fold©w$ C;oriimenc~i~ at ~. pour nri:said ~ectici» line whie~ burs South. i} degree.41°' Est 822..E feet ~`rom section +~+rirrier common :tt~ sectens 5~,~~?; . 8,,Tor~shp 3 Ida R~ng~ i iaast~. ~.oi~+e:lVterac~~ank.~d beingthe ~'Ci'QE ~:EG~1~-'I~TG; T~~nce So~atli. ~0°'41~''.{}t~" t a7on~ s~ici section line a cfanee:of 34:.8.3 :feet tai a` pgi~t, - ..... 7`hence North 89° I9'b~Y~ East ~ dstent~ c~~ 5Q8:2? feet .#~-the ~:eriterhne of a ditch; .: ~h~rice North ~b°~l tQ~" `~e~~~Coag laid dit~h.ceaterl%i~e a distance rff 613.0$ feet~ta:th~:Poin# oaf Beginning. .Except Might of'~Vay f+or~ Locvst' C'rz~ve l~oaci: ~'hc:=ai~we=Oesc~rib~~~rsctcfl~ad`ovntains~2,~~ acresA. eascrnc~t~ a~rid.;rigbts=~af~way~: ,~arep~red By: TIC 1~~~ G.F~t~i7F, ,Iid~ 4G~,.E, S~Q_D,RIVl~; ST,,7IT`~,.i;~Cf E~CIU~t~ID~HC~~ 8361& 20$~93~-401 208.=939=4445: fh'/ ftEVl PPRO~fAL e`~ a~~ ~ 4 2~a ~ ~ORKg DEPT1G :/" r less,,.sub`~c#:~o all eics~~~,~ . ~ ~ : ` y ~~ ~:1 a~75 ~,. °~.~ ~,~ ' !~ '~ : fly` 1,. : NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- ~2 ~J' / PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being situated in a portion of the Northwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 2.00 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall,b, 9 ~ a~~ective on the ~ day of ~pGJ i-~i+,~. h , 2007. :~~`' ', €~;~,~~" ~=- ~,~~~`''>, ~~ ~ ~~y i~'~~--~' rv r~ Mayor and City Council of e ity of ~ieri ian -- By: William G. Berg, Jr., City Clerk ~ .~ ~, First Reading: Z -a5 - X07 A~ Rule as allowed pursuant to Idaho Code Second Reading: first r ~ suspension of the Y$~ • ~~` NO /~'~~~~~Jaaraaaa oaat~ti~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07-_ /Z ~~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby cert~es that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- f_~! of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ~ day of ~~~ ~'~ ~ vJ , 2007. ,/ William. L.M. Nary, City Attorne ORDINANCE SI]1VIlVIARY - A~06-053 ACRD LOCUST GROVE ROAD POND ANNEXATION Page 1 of 1 ~ ~ February 2, 2007 AZ 06-048 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Creamline Associates, LLC ITEM NO. 24 REQUEST Ordinance -- Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zones and I-L zone for Creamline Park Subdivision -- 1200 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Ordinance Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a / ~1 ~' CITY OF _ e ~ ~ IDAHO Y' r~`~"~iryr o /she T~it:~s~~r+e: V.~uty 8 79 3 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 11Aarch 12, 2007 Re: Creamline Park Subdivision AZ 06-048 Ordinance No. 07-1292 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please note that this is a second recording to correct an error on the maps previously provided. Please feel free to contact our office if you have any questions. Sincerely, ~~avl n't~v~.-~-~, Sharon Smith Deputy City Clerk Enc. CITY MALL 33 EAST IDAx® AVENUE MERIDIAN, IDAIIO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ~~ AQA COUNTY RECORf ~' J. DAVID NAYARRO AMOUNT .00 7 BOISE IDAHO 031 ., r.41 PM DEPUTY Yield Allen II I I I II'I'lll'I I I II'I I' I I I' I~ I II II'll RECORQED-REQUEST OF Ciiy of Meridian 1 ~~~`~~~~~ ~Re - re co ~~ This sheet has been added to the document to accommodate recording information. Third Recording to allow for Correction of Map and Legal Description for Ordinance No. 07-1292. Creamline Park Subdivision AZ 06-048 by Creamline Associates, LLC. Approved by City Council on February 6, 2007. ADA COUNTY RECOR(~ I. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 0212'1!0"t .~~:06 PM DEPUTY Vicki Allen RECORDED-REQUEST OF 1 ~'~E~~~S51 Cily of Meridian CITY OF MERIDIAN ORDINANCE NO. D ! ~"l 2' ~ Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-048 CREAMLINE PARK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE WEST % OF THE SOUTHWEST 1/ OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO I-L (LIGHT INDUSTRIAL DISTRICT) AND C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Creamline Associates, LLC. SECTION 2. Thattheabove-described real property is hereby annexed and re-zoned from RUT (Ada County) to I-L (Light Industrial District) and C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. ANNEXATION OF AZ-06-048 CREAMLINE PARK SUBDIVISION Page 1 of 3 ~ ADA COUNTY RECO6'~ 1 J. DAVID NAVARRO AMOUNT .00 g BOISE IDAHO 03/08/b. J1:36 PM DEPUTY Patti Thompson RECORDED-REQUEST OF Ciiyof Meridian 1~7~333~0 r~'r~~~ This sheet has been added to the document to accommodate recording information. Second Recording to allow for Correction of Map and Legal Description for Ordinance No. 07-'1292. Creamline Park Subdivision AZ 06-048 by Creamline Associates, LLC. Approved by City Council on February 6, 2007. 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 ~ ~~ day of ~.Z ~ h'~-Ct. h' ~j , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6 fa day of /~~ b h~ ~ `" h 2007 ~-~ prefi ~l ~t To.e 13~~-tv~. ANNEXATION OF AZ-06-048 CREAMLINE PARK SUBDIVISION Page 2 of 3 +++++tlPPd}IddJ ATTEST 1 " ` ~~~'~°'ae~~ ~~ 9 °B®°°p~oe~ WILLIAM G. BERG, .TR., ITY CLI+~K ~ :. ~ ~ ~~ qe~ °T ~ °°J}d}}}i ili1011`~, TATE OF IDAHO, ) ss. County of Ada ) On this ~D~ day of~~j O ~~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally ap ar d TT~~le ~oe ~3Gr~-o-~ W~ER-D and WILLIAM G. BERG, JR., known to me to be the e~' aned'~ity Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .• ~• G.i~pp.~ ~~•• ~ 0 ~ ~ i ^ . . . ~ ~ . ~ e ~ ~ ~ ~e i • 1 ~ ~ • ~~('~ •~?~' pF I9~:• •. ~... TARY PUBLIC FOR IDAHO RESIDING AT: ~ ~ L~~ ~ ~ MY COMMISSION EXPIRES:1c~~ ANNEXATION OF AZ-06-048 CREAMLINE PARK SUBDIVISION Page 3 of 3 Exhibit A Legal Description IDAHO SURVEY GROUP Project No. 06-210 Creamline Park Subdivision Anne$ation Description i 1450 East Watermwer St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 July 26, 2006 A parcel of land located in the West %: of the SWI/4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the %a comer common to Section 13 and the said Section 12 bears South 89°15'24" East, 2651.28 feet; Thence South 89°15'24" East, 353.08 feet to the REAL POINT OF BEGINI~TING. Thence North 00°43' 10" Fast, and along the East line of Heppers Acre Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada County, Idaho, a distance of 1476.50 feet to the Northeast comer of said Subdivision lying on the South right-of--way of the Union Pacific Railroad; Thence along saidright-of--way South 88°30'36" East, 968.15 feet; Thence departing said right-of--way South 00°32'36" West, 1463.89 feet to the West 1/16 comer common to said Sections 12 and 13; Thence North 89°15'24" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. Prepared By: Idaho Survey REVfEW A°PROVHL L`! ^qc.<<U~ ~ t~ ~~~~ D. Terry Peugh, PLS Prafesslonal Land Surveyors Exhibit B ,68'£94L M.9£,Z£ OQS I 1 I ~ ~ U O my ~ 1 ~ I °' 2 0 ~O 3 I ~I I > w~ ~ ~ ~ ~ m I Z 1 I ~ I 1 ~ ~2 ' 1 I F'" 2 _ Z 1 L ~m ~ ___ ___ ______ __ ________ ~_ __ - ,OS'9LtL __ _ 3,OL,f`` OON i ~• ~ ~ C ~~~ ~ i 9 C! ~ rv ~ ~~ C c7 ~ LL z C ~ C ~ g ~ ~ ~ ~ '~ o. °o z $ ~ Z Z m t7J W o^ ~ ~ _ ' ~ Mf U (~ ~ ,"g O vi~~ rA cV y 1 vl ~ ~ February 2, 2007 RZ 06-010 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Ron Van Auker ITEM NO. 25 REQUEST Ordinance -- Request for a Rezone of 2.20 acres from I-L to a C-G zone for Lanark Property -- northwest corner of Eagle Road and Lanark Street 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 RECORDED` lAYID NAUARRO AMOUNT .00 BOISE IDAHO 02h6t07 Or.ud PM DEPUTY Neava Haney III I'IIIIIIIIIIIIIIII'I'll'I"I' II'll RECORDED-REQUEST OF 1~-~~~~r}~E1 Meridian Cliy CITY OF MERIDIAN ORDINANCE NO. ~ 7~ ~2 ~3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT RONALD VAN AUKER, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-010 -LANARK REZONE) FOR REAL PROPERTY BEING SITUATED IN LOTS 1 AND 2, OF OLSON BUSH INDUSTRIAL PARK, AND A PORTION OF THE PUBLIC ROADS ADGACENT TO SAID LOTS LYING IN THE SOUTHEAST 1/ OF THE SOUTHEAST 1/ OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF TffiS 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 I-L (LIGHT INDUSTRIAL) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS 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 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: Ronald Van Auke~. SECTION 2. That the above-described real property is hereby re-zoned from I-L (Light Industrial) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. LANARK RE-ZONE- RZ-06-010 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 ~fh day of ~ ~~'lit.R Y- ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~j'~' day of ~.ZJ' ~'yt- GL ~' UJ 2007. /~h~eJ% ~erz ~" ~e ~ e F-7~ ~ LANARK RE-ZONE- RZ-06-010 Page 2 of 3 ;r;tti~ ATTES ~~ ~ ~ 1 ~ f `' .'. ~y~~ ~, TmJ' ~ f~? ~ due ~' ~,J_ '~~QS ri ,'~ c~ 4 WILLIAM G. BERG, JR., CITY CLERK ~ ~ m® `! >~ "i,, ~'~~' 4~m yr~199}}}}9}8i~~~4~@8 STATE OF IDAHO, ) ss. County of Ada ) On this ~~' day of ~- , 2007, before me, the undersigned, a Notary Public in and for said State, ersonally app ed Jae '~Ort-u^ ~ and WII,LIAM G. BERG, JR., known to me to be the A~~r~and ity Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `~~~~~e~~~o• . . • 0 ~ r ~ ! A ~, o ® ee ~ ~ O ~ ~ ~ i_IJDf' • LANARK RE-ZONE- RZ-06-010 NOTARY PUBLIC FOR IDAHO RESIDING AT: ('Ct 1~ivve,~ 1 , In MY COMMISSION EXPIRES: 10-I I-I Page 3 of 3 A. Legal Description engineers & surve~rows 12tt N. Curtis Road Boise Idaho 83706 (2118} 376-8555 - Fax. Q208} 42~-986~Z F.N. 2331 L,ANAIrK STREE'I° PR(DPERTY ]tEZt?1+1E II~ESC~iPTE(!N August 8, 2006 Lots 1 and 2, Bloch 1& Qf fllson and Bush It~duat:ial Farb and a pottiom ofthe irublic roads adj~nt to said Lots lying iu the Southeast II4 ofthe Southeast l/+4 of Section 8, T.3N., R lE., B.M., .Ada County, Idaho. and being trioro particuia~'ty described as follows; Be~tinning at the Southwest corner ofsaid Lot 2, thence 13 OQ°SS'Ofi" E along tlaes'l~est bouadary of said Lo# 2 for a distance of 2?4.9~ fe+~t to the I+Iorthwest corner of said I.ot 2; thence S 89e02'00" E along the North boundary of said ~Dlson and Bush Industrial Park far a dis1 c~f320.~Dt1 feet to the ]East boundary of said Section i3; thence S 00°55'00" W along said East Boundary for a distance of 2.99 feet to the centerline ofLanark Street; ° :,x . thence leaving said East boundary N 89°01'38" W along the centerline ofLaradrlc Street far a distance of 320,Ofl feet; r°~: thence leaving said centerline TT UO°55'00" E for a distance of 2,00 feet to the P©IN'lC '} UP BEfiI~1NI~tIN~E3; crmtaining 2.20 acres of land, tncsre ar less. StI]9.l>E;C°I' to right of ways for Eagle road and Lat~lt Sts. wed by: Todd R Waite P.L.S. '~ `~'~~ c -~ '4 0l ~ ~ 0 os c:~~ aid ~~ ~`~ ~ _ roc-~ B. Site Map _ ~ ~. ~ ~ °~ ~~~~~ W ~ ~- ~r H f.7 :tJ i,.Y C-' '~Po ~,p C+ Off ~}`. ' '~ ij ~~i so ~ ~ ~ ~ ~ '~ c s c~ -- ~ ~ .~ ~ ~~~~~~ ~ ,~ ~ "~'~ g r* . . Cy .~ - i p 9 °+ ~.~ _ m m W ~! 3'l~V3 yJ e w r ` rv I` ~ I,g g~ ~ ~~i N~ 17 Y W ~ M JJJ~'~ ~~ ~~: ' I ~~qg~~ ... ~. v S .98'662 3 .Ot1,9S.U0 id ~~- ~~ ~H 6 February 2, 2007 AZ 06-034 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT David N. Price ITEM NO. 26 REQUEST Ordinance -- Request for Annexation and Zoning of 2.95 acres from R4 to L-O zones for Ashtyn Park Annexation -- 201 West Ustick 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. e e ~~. s.~ CITY OF ~~:. ~ ~ ~~ '.~ ~~ ~Y1~1~Y1 ~ IDAHO y.. ~, SINCE 1993 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.Sth Street 888-5242/fax 884-1159 March 9 2, 2007 Re: Ashtyn Park Subdivision AZ 06-034 Ordinance No. 07-1294 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please note that this is a second recording to correct an error on the maps previously provided. Please feel free to contact our office ff you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 587-48]3 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ADA COUNTY RECOR~~'. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 03J~lOT,,r:41 PM DEPUTY ~icl~ Allen RECORDED-REQUEST OF III I'll'I'I'll~ll'I'~~'I~II~~I~' ~~ ~~~ City of Meridian 1 ~~~`~~~~~ re~or~ This sheet has been added to the document to accommodate recording information. Third Recording to allow for Correction of Map and Legal Description for Ordinance No. 07-1294. Ashtyn Park Subdivision AZ 06-034 by David N. Price. Approved by City Council on February 6, 2007. ADA COUNTY RECOR R DAVID NAYARRO AMOUNT .00 6 ( BOISE IDAHO 03108/t~ 'M DEPUTY Pad Thompson RECORDED-REQUEST OF City of Meridian 1 Ei r ~3~f~@~ r~-r'e~or~ `O'bis sheet has been added to the document to accommodate recording information. Second Recording to allow for Correction of Ol~ap and Legal Description for ®rdinance No. 07-1294. Ashtyn Park Subdivision AZ 06-034 by David N. Price. Approved by City Councii on February 6, 2007. ~ ADA COUNTY RECORDI~"~ ~`"'D NAVARRO AMOUNT .00 5 BOISE IDAHO 02J23107 ~. . DEPUTY Pattl Thompson ~~ RECORDED-REQUEST OF 1~7E~~~~35 City of Meridian CITY OF MERIDIAN ORDINANCE NO. ®7 ° C2 ~~' BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-034 A5HTYN PARK ANNEXATION) FOR ANNEXATION OF PROPERTY SITUATED IN A PORTION OF LOTS 3 AND 4 OF STRASSER FARMS SUBDIVISION NO. Z, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE ADA COUNTY, IDAHO, RECORDER, AND ADJOINING PUBLIC RIGHT-OF-WAY, BEING SITUATED IN U.5 LOT 1 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS 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 COUNTI~ TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDL~N, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: David N. P~^ice. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L-O (Limited Office District) in the Meridian City Code. ANNEXATION OF AZ-06-034 ASHTYN PARK ANNEXATION Page 1 of 3 ~- , 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. 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 6 ~' day of ~-2 b /" ~ ~ ~' y , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6~ day of ~,-2J6'l2a. ~ vJ , 2007. ANNEXATION OF AZ-06-034 ASHTYN PARK ANNEXATION Page 2 of 3 ATTEST: WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss. County of Ada ) i. S-.' ~E.`.t~ ~ ~ .~ ~ •" '.~~ ~®~ On this ~,0'~'" day of , 2007, before me, the undersigned, a Notary Public in and for said State, ersonally app aced Tire ~Ue S30r-h~ V~RD and WILLIAM G. BERG, JR., known to me to be the lor~°d 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~>N~~~r (SEAL) •.• ~`(~~,~.• • ~~, o t'"e~' 'i ~ • I i `~ `, s ~ ~~ t ~ • ,` ~ ~• ~, • ~•• ~+ `~~• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~(),(~{ ~~,~ , Jl ~ MY COMMISSION EXPIRES: 6-I I -I~ ANNEXATION OF AZ-06-034 ASHTYN PARK ANNEXATION Page 3 of 3 Exhibit A -Legal Description `~ . C~ e ~i rta%rte~2~ ~yur. ...Land Description far Annexe#ion to the City of Meridian f0 Navember2004 A portion of Lots 3 and 4 of Bloctc 1 of Strasser Farms Subdivision Na, Z, as shown on the officio! plat thereof on ills in the office of the-Ada County, Idaho, Recorder, and adjoining public right-of-way. betng.situated in U.S. Lot 1 of Section 1, Township 3 North, Bangs 1 West, Boise Meridian, Ada County, ldaha; and being more particularfy described as failows: Beginning at the- northeast comer of said Section 1, which is the Real' Paint` of Beg/nning!: Thence .500°1T24°W, 426.49 feet along the eas#erly boundary of said Section 7 to the sautherty boundary extended nfsaid Lot 3; Thence N89°ig'19'W, 4~.i10 feet slang the southerly boundary extended of said Lot 3 to the southeast career of said Lot 3; Thenc® continuing N89°19'19"VV, 255.64 feet along the southerly boundary of said Lok 3 to the extens~n of the westerly boundary of said Lat 4; _ Thence N00°17'24"E, 200.21 feet along the extension of the westerly boundary of said .Let 4 to the southwest comer of saaid L"ot 4; Thence. cantlnutng N00°i T24"E, 193.24 feet clang the westerly tx}undary of saaid Lot 4 to the northwest: comer of said Lat-4; Thence continuing. N00°iT24°E, 33.00 feet along the ex#ensicm of the westerly boundary of said Lot 4 to the northerly boundary of said Secixan 1; Thence. S89°19'43°E, 300.84 feet along the northerly boundary of said Section 1 to the Reai Paint of Beginning. Comprising 2.845 acres, mare 6r less. ~~~ ~ ~ ~~~ ~~~ ., 550b LV: Frankt@rr R~nad • EoisB, Naito 837Q,-1 tT~S Exhibit A -Page 1 N 00'l7'24'E •~4-F 33.00' ^ . 2 ~~ ;~ o'O o, '~o~ N .~ 7 Q • a S 00'/7'29 `W 35/.68' • ~y O' ~a N~~' b b ~- N O WINO ~n ~ C y O ? D pw O Ww Wb i ~. ° ~ tq p 1 0 to 7~ v~ ~y t10 hl ~ fp 1 .q ~ ~ e a ~ a o I A• . O A 0, ? ~ a ~ ` ~~ W ~ ' w ~! o .a;~c+° o~ d o,w`°p ~ 'ate ~c~~o-°V-• ~ O nt`° ~a '.opp° i ~ 'p .V Q North A/er /d/an Rond a ~ ~, ~ e ~ .7 ~ ~ 4 ~ . A • ~ ' ~ o ~ S ~ _ ~ 4 ~ v ~ ~ O q ~' m ~i ~ O 3 p a o 0 ~ ' • v a • l w C , ~ o ~ ~ C ~ ~~ ~ ~ N p = ~ ~ a.~~a '' c •~ s \ 2 1 ` a O O ti O ` ~ a a , ~ ~ ~ .. • ~ m ~ a i a a ~) .~ 'a y O O y \ t ~ ? 1 m m a1 R1 e ~ o o a q. q 1 r "~ n ~ ~r Q ~ \ Y '~. ~ 1 o r ~ a ~ ~: • o ~~ ~e * ~. ~ • February ~, ~7 RZ 06-010 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT Ron Van Auker ITEM NO. 2S REQUEST Ordinance - Reques# for a Rezone of 2.2(} acres from I-L to a C-G zone for Lanark Property -northwest comer of Eagle Rocid and Lanark Street AGENCY CITY CLERK: CRY ENGINEER: CITY PLANNING DIRECTOR: CRY ATTORNEY CITY POLICE DEPT: CRY FIRE DEPT: CITY BUILDING DEPT: CRY WATER DEPT: CITY SEWER DEPT: CRY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: WTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See affached Ordinance 3 p~ily~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at p~lic meetings snail become properly of the Ctiy of Meridian, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02t16t07 01:~ PM DEPUTY Neava Haney III I'If'I„'I'I`~II'I,I~'~~,~,I' II ~II RECORDED-REQUEST OF 1071~C~4~~9 Meridian City CITY OF MERIDIAN ORDINANCE NO. d 7`` I Z ~T 3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT RONALD VAN AUKER, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-010 -LANARK REZONE) FOR REAL PROPERTY BEING SITUATED IN LOTS 1 AND 2, OF OLSON BUSH INDUSTRIAL PARK, AND A PORTION OF THE PUBLIC ROADS ADGACENT TO SAID LOTS LYING IN THE SO.UTHEAST'/ OF THE SOUTHEAST 1/ OF SECTION 8, TOWNSHIP 3 NORTH,. RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT uA" 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 I-L (LIGHT INDUSTRIAL) TO C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE A,DA 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: Ronald van AukeY. SECTION 2. That the above-described real property is hereby re-zoned from I-L (Light Industrial) to C-G (General Commercial District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. LANARK RE-ZONE- RZ-Ob-O10 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 azea 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 prepazed 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 (Z) sepazate 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 ~ LJ~'!r~„GZ ~ G~ , 2007. APPROVED SY THE l4/iAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~'~' day of ~~J' ~''~ ~- ~' yI , 2007. ~ heJi ~C~ ~" ~~ ~ o ~-- fio h. LANARK RE-ZONE- RZ-06-010 Page 2 of 3 `.~.~,~:,.~ili1~~~~ ATTES `~~~,~~~~~ ~r~~~,,~f °e WILLIAM G. BERG, JR., CITY CLERK ~ ~j~ _ ~ , ~_ . ~ ~'~~~rrrrrrr r~~w~~`~~,~ STATE OF IDAHO, } ss. County of Ada ) On this lD~' day of l-e1~~ + 2007, before me, the undersigned, a Notary Public in and for said State, ersonally app ed Jac '~ori-c.~^ V6~E~D and WILLIAM G. BERG, JR., known to me to be the 1!~'a~yei and ity Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•~• ~" GR.~~,.,~ (SE ~ ~4~ A~l' ~~ ~'s • ~ . ~ • . • G . ~• • ~,, NOTARY PUBLIC FOR IDAHO RESIDING AT: Ca ldwe~! , In MY COMMISSION EXPIRES: Ib-I I-! 1 LANARK RE-ZONE- RZ-06-010 Page 3 of 3 A. Legal Description ertgiraea~rs & surveyors 120 N. Gratis Road Boise Idaho 83706 (208} 376-8555 Fan €248} 429 9862 P.N. 2331 LAI~TARK STREET PROPERTY REZUNE DESCRIPTION August 8, 2006 Lots i and 2, Block 1, of ©Ison and Bush Industrial Parr and $ poYtion ofthe Publier roads adjacent to s~sid Lots lying in the Southeast 1!4 ofthe Southeast Il~F of Section 8, T.3N., R lE., B.M., Ada County, Idaho, and bang mare parfisarlarly described as follows. Beginning at the Southwest corner of said Lat 2, thence N 00°55'00" E along the West boundary o£ said Lot 2 for a distance of 27~F.9b feet to the Northwest corder ofsaid Lot 2; thence S 89°42' 00" E along the North boundary of said Ulsan and Bush Industrial Park for a distance of 320.00 feet to the Bad boundary of said Section 8; thence S 00°55'x0" W slang said East boundar)+ for a distance of 299.99 f8et to the ~. centerline a3f Lanark Street; ,, , thence leaving said East boundary N 89°01'38 W along the centerline ofLanark Strom- . for a distance of 320.00 feeet; .. t;, thence leaving said ceniterline N fl0°55'0tY' E far a di~ance of 25.00 feet to the POI~Ti' ~'' OF Bl:G1N'NII~Cx; ccmtatining 2.20 acres of land, more or less. SUBJECT to tight of ways for Eagle road and Lanark Strad. Prepared by. Todd R, Waite P.L.S. G:lets anal Setcingsltndd vraitolMy 1>ncnmarutslToddl~AEs~ia~no.dno-I ~' Q ~~ B. Site Map 1 - ~, ~ ~. `j ~ v ~ ~r ~~. u ~ ~: ~,, ew ~ ~, o o~ at ~ $ cr. ~ Q ~ ~ ~~~ ~ ~ ~ $ it 3 ~ `y ~.~ c~~a ~ ~ i=. 2 ~~~ a ~I.~r~i~ ~ v c ? r _ Cl~Q~ o k- m ,Z6' 1 ~ .r _ :_ 4 ~: I ~ ~ ~ a t ~ I ~. i ~~ ~~ ~ i~ M~ Y II `x W U ~~ ~ lp ~ ~~~, Z N~ f I 1 1 c ~ ~ :~ _ G .U4,S'~.n0 N r.. ,98'B8~ 3 ° a 33~'~ ~~ fib' ~~-~ • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- ~2 ~j,3 PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for being land situated in Lots 1 and 2, Block 1, of Olson and Bush Industrial Park, and a portion of the public roads adjacent to said Lots lying in the Southeast 1/a of the Southeast 1/a of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 2.20 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at ~~ ~I~iall;~~iyt~ of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance sl~l~b~ `~ QC~ive on the ~ day of 2007. ~~ ~~, - ~a°°~~ Mayor and City Council of the City of I~tI By: William G. Berg, Jr., City Clerk 2- ~- ~ ° First Reading: ~ Ad Rule as allowed pursuant to Idaho Code_ Second Reading: '- ~~, ~ ,~ ~f~~ ~y suspension of the ~° NO ~n a STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- /zQ3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- l ~ q3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ~ day of _ ~d`'~ ~+- ~ , 2007. ~~ ~ ~ William. L.M. Nary, ity Attorney ORDINANCE SUMMARY - RZ-06-010 LANARK REZONE Page 1 of 1 February 2, 2E~}7 AZ 46-056 MERIDIAN CITY COUNCIL MEETING February 6, 2~7 APPLICANT Mile Hii! [FEM NO. REQUEST Ordinance -- Request fior Annexation and Zoning of 5.2 acres from RUT to R-4 zones for Ciearspfings Subdivision - 1435 East McMillan Road AGENCY CITY CLERK: CITY ENGtNEER: CITY PIANNING 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 ERRtGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance G~,~tipy Contacted: Date: Phone: Emailed: Staff Enitiats: Materials presented at public meetings shall become properly of the CHy of Meridian. ADA COUNTY RECORDER J.~ YID NAYARRO AMOUNT .00 ~ BOISE IDAHO 02116/07 01:~;VI DEPUTY Neaua Haney RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~ ~~~ Meridian City 1 ~~~~~'~~~ CITY OF MERIDIAN ORDINANCE NO. ~ ~- l2 ~/ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-056 CLEARSPRING5 SUBDIVISION ANNEXATION) FOR ANNEXATION OF PROPERTY BEING LOCATED INTHE N %Z OF THE NE % OF SECTION 31, TOWNSHIP 4 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 A5 REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LAND5 FROM RUT (ADA COUNTY) TO R-4 (MEDIUM-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 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: Boyd Hill. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium-Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-056 CLEARSPRINGS 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 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 6'~' day of ~2 ~ ~`~ r y , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this F~'rh day of ~~~f'~ ~~ 2007. A WILLIAM G. ~° a tip ~, • L - ~Lo{~ g~.~ryy q ~' ~,!/~~~~/14ifI9i1811~,``~, h,7- ~ ~e ~D F ~-w ANNEXATION OF AZ-06-056 CLEARSPRINGS SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this ~..p~'' day of ~ebrU cl~v 2007, before me, the undersigned, a Notary Public in and for said St e, personally appe~e~~ JU~c- B a r-~'o`. ~ and WILLIAM G. BERG, JR., known to me to be the Ma3+ar ank, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •e®r~~es•s® ~ GrI~~' •. (SEA; ~'~'- AR` ~~ • ~j. e A ® i • ~ "mil i ® °~ • . Q'; ~, • a[~1i ~ ~ • a ~ ~ a ® ~ i ^ ® ~~ (~ ~ ®i ® ~~1.~~~ ~ ~~ • 1-lJ Y e • ~s~®~~•~ NOTARY PUBLIC FOR IDAHO RESIDING AT: # C0.1du1et ~ ~ III MY COMMISSION EXPIRES: - 0- ~ 1-I 1 ANNEXATION OF AZ-06-056 CLEARSPRINGS SUBDIVISION Page 3 of 3 A. Legal Description Legal Description Clearsprings Annexation Boundary A parcel for annexation purposes being located in the N'/z of the NE'/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commenc(ng at a Railroad Spike monument marking the northwest corner of said N '/z of the NE Ya (Ya Corner), from which a Brass Cap monument marking the northeast corner of said Section 31 bears N 89 46'54" E a distance of 2632.45 feet; Thence N 89°46'54" E along the northerly boundary of said N '/z of the NE '/a a distance of 680.77 feet to the POINT OF BEGINNING;; Thence continuing N 89°46'54" E along said northerly boundary a distance of 340.33 feet to a point; Thence leaving said northerly boundary S 0°06'26" W along the prolongation of and the easterly boundary of Lot 3 of Crestwood Subdivision No. 1 as shown to Book 28 of Plats on Pages 1757- 1758, Records of Ada County, Idaho, a distance of 664.75 feet to a 5/8 inch diameter iron pin marking the southeast comer of said Lot 3; Thence S 89~5'OS" W along the southerly boundary of said Crestwood Subdivision No. 1 a distance of 34.38 feet to a 5/8 inch diameter iron pin; Thence continuing along said southerly boundary S 89°47'33" W a distance of 306.12 feet to a 5/8 inch diameter iron pin marking the southwest corner of said Lot 3; Thence N 0°07'17" E along the westerly boundary and the prolongation thereof of said Lot 3 a distance of 664.81 feet to the POINT OF BEGINNING. This parcel contains 5.20 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 28, 2006 REV ~?ROYAL 6Y np~=;IDfA~ rl~5LIG ~.;~nK~ QE?T~ LA NO ~„': .~ - ~ a 11118 ~l~y TF o F ~~O ~~~ \NW.N~ La ~~i~luti.ans L~wa s ru~a °w c°nwmne Clearsprings Subdivision Job No. 06-50 Exhibit B CLEARSPRINGS ANNEXATION BOUNDARY LOCATED IN THE NE 1~4 OF SECTION 31, T4N, R 1 E, BM, ADA OUNTY, IDAHO. eA~soFeEARwc 2006 ~ wssas t,~mERC eEAivNc r/' _ N 89'66$4' E E Yd/81AN ROAD 76J2a5' r sw ° eearry{, JaoJ3' N 8B I636' POINT OF -~ ~~"1 JaaJ6' BEGYNNO6C CR£STWOOD SUED/NSION ND. 7 AREA = S?l7 ACRES 87608650060 rmi J~' nl ~ ~~ aim YI W 3 ?~ VI ~ O n h O4 mA e~ b O b C 2 h RE PROVF.I. 3Y c+2l Dikl~ PUtlLIG v.. •.YS DEP7. 767.6.7' ns mn N 89:75 05' E 3t.JB' N 89'67;73` E 306.1?' As and 677.87' ry~~IIe au bJb %PI' ~ wa 71271' ~ Q7a0' PlJam w~~ ~ '4° K` ~ HAVASU CRf'£K SUBD/V790N NQ J HAVASU SEEK SUBDlNSION NO. ? NAVASL CREEK SUBD/N90N NQ 4 ~ .~~-era ~1~ ~1! l rl ~r~.~ ~'~-' Land Surveying and Consulting 0 50 100 200 z3tE57HSiSTEA MERIDIAN, ro e364z ~zoe~ zse-zoao ~zoe~ zee-zss~ rax wv6wlandsduWrabiz NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN ORDINANCE N0.07- l2 ~'~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being located in the N lh of the NE 1/a of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.20 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~,~~,of ~ ~~-r~af^~ , 2007. Mayor and City Council of e City o~ Me an ~ By: William G. Berg, Jr., City Clerl~: ~ _ First Reading: 2 --~ `"®7 ado t after firs din~'by suspension of the Rule as allowed pursuant to Idaho Cod ~. NO q Second Reading: -- '~P, ~ • b - ~f/i'/,,~~'t19t9914ibbeba~~4,~o~a~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUNIMARY OF ORDINANCE NO. 07- ~29'S- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- ~?GQ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ~ day of ~-P~~'~-~ ~'y/ 2007. L. ` William. L.M. Nary, ity Attorney ORDINANCE SUMMARY - A~06-056 CLEARSPRINGS SUB ANNEXATION Page 1 of 1 • f February 2, 2007 MERIDIAN CITY COUNCIL MEETING February 6, 2007 APPLICANT ITEM NO. ZS REQUEST Executive Session per Idaho State Code 67-2345(1) (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and 67-2345(1) (f) - (to consider and advise its legal representatives in pending litiga 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 Meridian.