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HomeMy WebLinkAbout2007-04-17• :a f ~, ~'~ , ~` _. ~~~~~ ~~'' crrv oP '~~ I~.~ ~ t ~~~'1~lerll~IG~I? ~ ~~ ~, ®ntio y~' "`~ y Eg . ~ TREASURE V ~ 19D3 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 17, 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 X Joe Borton _,~ Charlie Rountree ~ Keith Bird ~_ Mayor Tammy de Weerd 2. Pledge of Allegiance: brad ~C cTa v~taya- /~o~. fco w~ r ~! ~f 3. Community Invocation by . GtJi%/ 13ev~ 4. Adoption of the Agenda: Who ~- a- s ~ ir...~y..tCJe.d, 5. Consent Agenda: A. Approve Minutes of March 20, 2007 City Council Regular Meeting: G7~ ~-'-- B. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development -south of Ustick Road and west of Linder Road: ~~`°~ C. Resolution No. ®~'- ~S~' :VAC 07-006 Request for a Vacation of the 20-foot front yard setbacks for Lots 4-7 & 11-13, Block 34 for Paramount Subdivision No. 13 by Paramount Development Inc -West of Meridian Road and North of McMillan Road: AI.~?~orc. Meridian City Council Meeting Agenda -April 17, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. :] f - D. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-064 Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision by BSC, LLC -north of Ustick Road and east Ten Mile Road: ~j ~,v ,~-Z¢~D7 ~'~ re ~f~ ~ i^G~ Cyr. t/~. G+~/'ram ~ /1.21c ~' Gc.~ E •~. GC6c~ E. Development Agreement: 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: fir- mac.. F. Budget Amendment for Parks and Recreation Office Assistant for reclassification of funds of $7,042.00 from Finance: G~-'~~~- G. Budget Amendment for Manors Office for Community Development Consultant Agreement for $42,995.00: a~r~o~-c.-- H. Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00: a~-+~v~a ~ I. Approve Beer and Liauor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 N. Meridian Road to 1646 N. Meridian Road, Ste. 100: wj•~,~-•+~- J. Approve New Beer and Liauor License for Toowoomba LLC dba The Whitewater Saloon at 1646 N. Meridian Road: G~,-,ovw K. Approve Beer, Wine and Liauor License Renewals: Backwater Saloon ' " Whitewater Saloon Bill N Lynn's Place Bill N Lynn's Back Room Chicago Connection -1629 N. Main Street 1935 S. Eagle Road Divine Wine Tony Roma's Cafe Indigo /Courtyard by Marriott The Cigarette Store 43 North The Busted Shovel L. Permanent and Temporary Easement Contract for the North Black Cat Trunk and Lift Station of Quenzer Farms. LP: ~,~.,~,,,.,,~ Meridian City Council Meeting Agenda -April 17, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: • A. Public Works Department: CcviCW ~~ /'eqc~ GItT f - p~~cc~ bacti- un. re.sc,t= 1. Request for Direction to "pursue Purchase and u y~G~ day Installation of Tertiary Filters for WWTP: 7. Items Moved from Consent Agenda: 8. Presentation of City of Meridian 2006 Environmental Excellence Award to Taco Time located at 785 S. Progress Avenue: ~~1.~,.~.coC~ 9. FP 07-007 Request for Final Plat approval for 4 commercial building lots on 4.4 acres in a C-G zone for Coae Subdivision by Ronald Van Auker - 130 East Overland Road: ~~~~,,,,~~ 10. FP 07-008 Request for Final Plat approval of 54 single-family residential building lots, 1 swimming pool lot and 13 common lots on 24.63 acres in an R-8 zone for Bearwood Subdivision No. 1 by Tuscany Development, LLC -west of South Stoddard Road, east of South Linder Road and south of West Overland Road: ~ ~,~~rv~c.. u,~~ f-~,eG~ ~d;,~~;",c,,~ Cv~+.,s-~G,.~f 11. Public Hearing: Parks and Recreation Department New Fees and Fee Changes for Recreation Programs and Activities: 12. Continued Public Hearing from April 10, 2007: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: `~~,~,,,~,~ e /~-h ,~ 8~~~ 13. Continued Public Hearing from April 10, 2007: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: ~~~h, ~i~w y~~,~~ 14. Continued Public Hearing from April 10, 2007: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: 15. Continued Public Hearing from April 10, 2007: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry/Lane: ~dra~v M-c 7'' ~~'j G ~~ Meridian City Council Meeting Agenda -April 17, 2007 age 3 of 4 ~!~ v~t,.e/ 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. 16. Public Hearing: VAR 07-005 Request for a Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nr~ath~a,~n Bames - 35 East pAda Street: 17. Public Hearing: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~~r-.~/~ a~~t ~/~ d c le dirt'- G~~!'~rn r A.-e. rCr~- ~ G 18. Public Hearing: RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~~~ ~1~~ ~, ~~ ~ ~~~,~,~,~, ~,-- ~ G 19. Public Hearing: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gvm by Josh Wheeler - 3570 North Eagle Road: ~r,,.,~„~,.~, 20. Ordinance No. ~ ~' l ~ ®~ New Sewer Pretreatment Ordinance: a~~.t,,.,,v~c. 21. Ordinance No. ®7~ l~`~ 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: ~~.,,,ow4 22. Discussion of Setting the Date, Time, and Location of the City's Budget Hearing (Tuesday, August 28, 2007): ~ ~: oo~,~.~ ~..~.-e ti~-~ Meridian City Council Meeting Agenda -April 17, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Please loos+~r R.~~t~c, Noi~c..C GITY OF eri~l~n innF,o S Fc s~EF ~ Trtensut~ V N~~ sixes 1909 ~ nks,-,l CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 17, 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 Russ McCrea with the Living Grace Community Fellowship: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 20, 2007 City Council Regular Meeting: B. Findings of t=act and Conclusions of Law and Order for Approval: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development -south of Ustick Road and west of Linder Road: C. Resolution No. :VAC 07-006 Request for a Vacation of the 20-foot front yard setbacks for Lots 4-7 & 11-13, Block 34 for Paramount Subdivision No. 13 by Paramount Development Inc -West of Meridian Road and North of McMillan Road: :-~. ~~,~ -~- Meridian City Council Meeting Agenda -April 17, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabil'~ties related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-064 Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision by BSC, LLC -north of Ustick Road and east Ten Mile Road: E. Development Agreement: 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: F. Budget Amendment for Parks and Recreation Office Assistant for reclassification of funds of $7,042.00 from Finance: G. Budget Amendment for Manors Office for Community Development Consultant Agreement for $42,995.00: H. Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00: I. Approve Beer and Liauor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 N. Meridian Road to 1646 N. Meridian Road, Ste. 100: J. Approve New Beer and Liquor License for Toowoomba LLC dba The Whitewater Saloon at 1646 N. Meridian Road: K. Approve Beer, Wine and Liauor License Renewals: Backwater Saloon Whitewater Saloon Bill N Lynn's Place Bill N Lynn's Back Room Chicago Connection -1629 N. Main Street 1935 S. Eagle Road Divine Wine Tony Roma's Cafe Indigo /Courtyard by Marriott The Cigarette Store 43 North The Busted Shovel L. Permanent and Temporary Easement Contract for the North Black Cat Trunk and Lift Station of Quenzer Farms, LP: Meridian City Council Meeting Agenda -April 17, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Public Works Department: 1. Request for Direction to Pursue Purchase and Installation of Tertiary Filters for WWTP: 7. Items Moved from Consent Agenda: 8. Presentation of Citv of Meridian 2006 Environmental Excellence Award to Taco Time located at 785 S. Progress Avenue: 9. FP 07-007 Request for Final Plat approval for 4 commercial building lots on 4.4 acres in a C-G zone for Cope Subdivision by Ronald Van Auker - 130 East Overland Road: 10. FP 07-008 Request for Final Plat approval of 54 single-family residential building lots, 1 swimming pool lot and 13 common lots on 24.63 acres in an R-8 zone for Bearwood Subdivision No. 1 by Tuscany Development, LLC -west of South Stoddard Road, east of South Linder Road and south of West Overland Road: 11. Public Hearing: Parks and Recreation Department New Fees and Fee Chances for Recreation Programs and Activities: 12. Continued Public Hearing from April 10, 2007: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: 13. Continued Public Hearing from April 10, 2007: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: 14. Continued Public Hearing from April 10, 2007: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: 15. Continued Public Hearing from April 10, 2007: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Meridian City Council Meeting Agenda -April 17, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 16. Public Hearing: VAR 07-005 Request for a Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Bames - 35 East Ada Street: 17. Public Hearing: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: 18. Public Hearing: RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: 19. Public Hearing: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gvm by Josh Wheeler - 3570 North Eagle Road: 20. Ordinance No. New Sewer Pretreatment Ordinance: 21. 22. Ordinance No. Annexation and Zoning Eastwood Subdivision Road: AZ 06-045 of 7.556 acres from RUT to an by Wirt Edmonds - 4515 South Request for R-4 zone for Locust Grove Discussion of Setting the Date, Time, and Location of the City's Budget Hearing (Tuesday, August 28, 2007): Meridian City Council Meeting Agenda -April 17, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MEN NOTICE OF PUBLICffEARING `Q Gt~~ ~ ~~`~ ~ ~~_~~ ~p-~-1 ~- ~ ~,Cc.VIkS~ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 17, 2007, for proposed new fees and fee increases to cover the cost of Recreation Programs and Parks Services. The proposed changes are as follows: Activity Current Fee _ New Fee Basketball Team Fee $350.00 400.00 Field Prep for Softball Tournaments New $18.00 per hour Girls Fastpitch Softball Late Fee New $50.00 Seasons Park Shelter Rental New $30.00 Kiwanis Park Shelter Rental (51-100 people) New $45.00 1 Mile Fun Run Late Registration Fee New $13.00 Boise Hawks Family Night $5.50 $8.00 Play Camp (1 wk 7:30-5:30) Early Reg. $72.00 $84.00 Play Camp (1 wk 7:30-5:30) $82.00 $94.00 Play Camp (1 wk 9:00-3:00) Early Reg. $52.00 $64.00 Play Camp (1 wk 9:00-3:00) $62.00 $74.00 Sports Camps New $39.00 Outdoor Adventure Camp New $124.00 Skyhawks Sports Camp Full Day New $118.00 Skyhawks Sports Camp Half Day New $98.00 Winter Adventure Camp New $96.00 Christmas Art Camp New $45.00 STARS Dance Class New $70.00-$80.00 Superkicks Martial Arts Class New $69.00-$79.00 Meridian Academy of Gymnastics Class New $40.00-$100.00 Danik Universal Gymnastics Class New $30.00-$90.00 Winter Fun Days New $15.00 Spring Break Fun Days New $15.00-$35.00 Multi-Media Art Class New $34.00 Learn to Nordic Ski New $28.00-$36.00 Snowshoe with a Ranger New $15.00-$18.00 Creative Beading 8 Jewelry Making New $20.00 Beaded Loom Class New $45.00 It's About Couples New $40.00 Lifetime Love New $150.00 Adult Watercolor New $35.00 Adult Dance Classes $20.00 $25.00 Boise Yoga Center Classes New $43.00-$88.00 Fit 8 Fall Proof New $5.00 Scrapbooking Classes New $5.00-$20.00 More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the ~~f~lic meeting. `.\`~;~~`~~ ~~~i~~°~a DATED this 30th day of March 2007. = ~~ C~`~~po,~TQ~"~~y~'~r WILLIAM G. BERG, J ., CI CSR ~ "; ~ a, - PUBLISH on the 2nd and 9th of April, 2007. ~~„ ~?~' ,~~' , ~~~~~Ifili ltil~A4t~i~`' '~ Broadcast Report Date/Tlme 03-30-2007 09:30:20a.m. Transmit Header Text CltyofMerldianldaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " ~~>~ nfonce of I~l18LiC e~ I~TICE IS HFJfifSY f31VEJV pureaarR b the Ordfr~utoes of the Cfly of MmWisn mad fhe taws of Ora !fib ~ Mal% 3rat the CBy i;ounci of 3~ txtY ~ ederidtan 090 le~l a t tteaflrt8 et the Rlertdlen Gty Hatt. 33 Fiat Idaho Avenue, MetkEen, idarao, al 0ea hour at 7dt3 pan. an 7uaeday, ApyB 17, ~7, for rraer and fee t to cover the coat aP Recxea3on Arogratns and Psdte ServWes. Tl~ prapo~ atmnges are as fo2awe: 3S lSa~tbal[Teemr~ ~j,{g~ Fee $380.40 NeW Fee 400.00 Fletd PrsP fm 3dtaaB Touma New 598.E P~ tmtrt Coda Faettr3dr Botdre4 tam rya New X40 8eaawrsPmkSf~rResmt New 330.00 Kbve~Pmklismal (S1.791at>aePtel t4ew S43.t~ 1 ~ flar Arrr Late r Foe Near $13.00 C 1 ~+ - 3Ctee t{89Yke FBIIIyy Nlph9 55.E 3940 ~Q p ~i~J 4 ~. ~4r4cTC PfeyCe~nD(tvrk7:~S:701Far7Y~& BT2A0 X0.00 ~ F+arcwnP (1 wk T:~.I~y ~aoo 584m r~~~ ~~ [[ ~~ ~ fAaY Came t9 wk lxQO 3.~} Eeny iii, 35240 $8~0A0 C/ `'tlWd PFaY CmnP (9 etc 6.00.3:D0) 02.00 $74.W ll 1 ~~'I ~G'Qi ` ~ Mv9rtho+~ Came ~ NBa 8124 . . ~b~l - 3kyhawke8psdsCmnPFe3Day Now St13.~ ~~ ~~ WI PaeCarr9p Newr Ss&oa CtcbisraeAHCamp Ataty 548.dT STAR30arrtmC2gea New 570.x.00 89g9m10GmpArmt~ase New ~.~-873. filerldter9AcademyotCiyrmmsGraCdBas t4esv ®d0.~-StO[t.~ DanOt ttnWateal Gymnea0a Close Nam 530.90-SBD.W MrderFunDays New 316A0 6phgBreakFurrDaye 14mv 3t8.00.538.~ ANf~e New 334.00 l.wntoNoiNclOd 1~aY 3?8.00.836,00 S+wid9ePtartger Nam S9b.06b18A0 Creati~m &.kwgdryldeldttB Plotar 52A.110 l tAgrr C~ae NeW 318.00 Ite Abend Coupes i4aw 540.00 LlfBgme taua New 5980.E AduhWbr Now S88.OD Adu3OancaCl~see 52u00 52dd0 Bas9eYOgaCeNerClasees New 543.4DJr2~.00 Fab Foe Ptoof New 53.E Screpb0olakrg desaea Ngtu YS.OD$20.00 Mote hdorn9atton on fire eoovs tnmrY~ is art trYe to the Coy t~erk's Otflce at tNmt93an COy Hit, 33 East tdetro Ate, Mgr. Waho and fe avat7ab~ tar ha9p~n dururg re3ater buatrusas tmaea, Y ggough Frldeq, tram B:CO am. to 8:~ p.m. Arty and e0 Gde9ested persons she8 ~ hea7d e2 ~ pia , end d,e puldb to welcome and k9vHed to submit msdmorrY• Oral 4estfirany emg lta ik9dted t0 3sae (3) mbrut~ Pm P~• Wdt~r me4or~ia should Ire eubmirled ro il9e atY t2e9k 9w later than seven C-1 i~y8 prior b the BhWe date sa that ~ krt p90itea ata)r ezsmbre 1}rem prime to ate I~Ing. A3 n~tedOts pfese>tled ~ Pvalic meermgs sl9s0 p9Dp~ty of Ure try of Cutettdlan. At9lamte desOktg ~ for disabtOt)ea refafed le doatartatga mar hear1nQ94 please aordaat ate C7ty ClerYS 0130 al 838.4433 et least 72 hose pt~ to m9man8• P~"'o"~ ~"y4. DATED thb 30th day td March 2007. ` ~`a WILLIAM t3. BlltD. . C r.-^,,.5 PUBLISH O71 are 2r~ arld 389 M 2007. z s ., Total Pages Scanned : 1 Total Pages Confirmed : 17 No. Job Remote Station Start Tlme Duration Pages Une Mode Job Type Results 001 005 3810160 09:05:25a.m.03-30-2007 00:00:00 O/1 1 G3 HS FA 002 005 8989551 09:05:Z5a.m.03-30-2007 00:00:22 1/1 1 EC HS CP19200 003 005 8848723 09:05:25a.m.03-30-2007 00:00:36 1/1 1 EC HS CP74400 004 005 8886854 09:05:25 a.m. 03-30-2007 00:00:16 111 1 EC HS CP31200 005 005 8985501 09:05:25a.m.03-30-2007 00:00:36 1/1 1 EC HS CP74400 006 005 8467366 09:05:25 a.m. 03-30-2007 00:00:17 1/9 1 EC HS CP28800 007 005 2088882682 Q9:05:25a.m.03-30-2007 00:00:16 1/1 1 EC HS CP3360D ' Broadcast Report DateJTime 03-30-2007 09:30:26 a.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Une 2 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 005 8886777 09:05:25a.m.03-30-2007 OO:Q0:36 111 1 EC HS CP14400 009 005 8840745 Q9:05:25a.m.03-30-2007 00:00:17 1/1 1 EC HS CP31200 010 005 208 387 6393 09:05:25 a.m. 03-30-2007 00:00:36 1 / 1 1 EC HS CP14400 011 005 2877909 09:05:25a.m.03-30-2007 00:00:35 1J1 1 EC HS CP14400 012 005 2088885052 09:05:25 a.m. 03-30-2007 00:00:17 1 J1 1 EC HS CP31200 013 005 8886573 09:05:25a.m.03-30-2007 00:01:16 1J1 1 EC HS CP9600 014 005 8881983 09:05:25a.m.03-30-2007 00:00:20 1J1 1 EC HS CP24000 015 005 2083776449 09:05:25a.m.03-30-2007 00:00:36 1/1 1 EC HS CP14400 016 005 4679562 09:05:25a.m.03-30-2007 OO:Q0:18 1/1 1 EC HS CP26400 017 005 8886700 09:05:25 a.m. 03-30-2007 00:00:00 011 1 -- HS FA 018 005 8841159 09:05:25 a.m. 03-30-2007 00:00:16 1/1 1 EC HS CP31200 019 005 2088840744 09;05:25a.m. 03-30-2007 00:00:33 1J1 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed T5: Terminated by system G3: Group 3 W5: Waiting send M5: Mailbox save FA: Fali RP: Report EC: Error Correct '~~ May > > , 200 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of April 17, 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: I' ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become properly of the CHy of Meridian. ~ ~ Meridian City Council Meeting April 17, 2007 The regular meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday, April 17, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Ron Anderson, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting to order. Thank you all for joining us here tonight on this very rainy night. Getting people out in weather like this is always rare, but we appreciate you joining us here tonight. It is Tuesday, April 17th. It's eight minutes after 7:00. Mr. Berg, will you, please, start of us off with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Bradford Jackson. He is with Troop 119, which is the LDS Sundance Ward. If you will, please, all rise and join us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Will Berg. De Weerd: Bradford, if I could present you a City of Meridian pin for leading us tonight. Thank you so much. Okay. Item No. 3 is the community invocation. Tonight we will be led by Pastor Russ McCrea with the Living Grace Community Fellowship. Is Pastor McCrea here? Okay. Well, tonight we will be led by layman Will Berg. If you will all join us in the community invocation or take this as a moment of silence. Berg: Shall we pray? Our most gracious and kind Heavenly Father, we take this moment to be thankful for the many blessings that you have given us in this community. Let us remember those that are in need, those that need our blessing and prayers. Let us remember the thoughtfulness and tears that have been shed for the ones that have died for our country. Let us also remember the vision and the mission that you have for Meridian City Council April 17, 2007 Page 2 of 49 our community, may we strive to meet those goals and objectives, and tonight let the decisions that we make be beneficial to this community. In your name, amen. De Weerd: Thank you. I will take amoment -- Council, it's not on our agenda. I did receive a proclamation by the President of the United States in regard to the tragedy at Virginia Tech and I would like to take a moment and read the proclamation, of which states: Our nation grieves with those who have lost loved ones at Virginia Tech. We hold the victims in our hearts. We lift them up in our prayers and we ask a loving God to comfort those who are suffering. As a mark of respect for the victims of the senseless acts of violence perpetrated on Monday, April 16th, 2007, by the authority vested in me as President of the United States, by the Constitution and the laws of the United States of America, I hereby order the flag of the United States shall be flown at half staff at the White House and upon all public buildings and grounds, at all military posts and all naval stations and all naval vessels of the federal government in the District of Columbia and throughout the United States and its territories and possessions until sunset Sunday, April 22nd, 2007. I also direct that the flag shall be flown at half staff for the same length of time at all United States embassies, legations, counselor offices, and other facilities abroad, including all military facilities and naval vessels and stations. In witness thereof I have hereunto set my hand this 17th day of April in the year of our Lord 2007 and of the independence of the United States of America, 231st. George Bush. I would also ask the city to follow suit in flying the flag at half staff and until sunset, Sunday, April 22nd, in memory of those who died. Item 4: Adoption of the Agenda: De Weerd: Okay. Item 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the Consent, Item 5-D, we would like to move that to the regular agenda as Item 7-D. We have been asked to -- or the resolution number on Item C is 07-554. We have been asked to have under Department Reports to add Department Report No. B from the fire department, Chief Anderson. Item 13, continued Public Hearing VAR 07- 004, the applicant has requested that we pull that application. Ordinance -- No. 20 and 21 will be ordinances 07-1309, 07-1310. And we also, as Item 23, would like to add Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). With that move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council April 17, 2007 Page 3 of 49 Item 5: Consent Agenda: A. Approve Minutes of March 20, 2007 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law and Order for Approval: PP 06-060 Request for Preliminary Plat approval of 30 single-family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision by Gemstar Development -south of Ustick Road and west of Linder Road: C. Resolution No.: VAC 07-006 Request for a Vacation of the 20- footfront yard setbacks for Lots 4-7 & 11-13, Block 34 for Paramount Subdivision No. 13 by Paramount Development Inc - West of Meridian Road and North of McMillan Road: E. Development Agreement: 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: F. Budget Amendment for Parks and Recreation OfFce Assistant for reclassification of funds of $7,042.00 from Finance: G. Budget Amendment for Mayors Office for Community Development Consultant Agreement for $42,995.00: H. Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00: I. Approve Beer and Liquor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 N. Meridian Road to 1646 N. Meridian Road, Ste. 100: J. Approve New Beer and Liquor License for Toowoomba LLC dba The Whitewater Saloon at 1646 N. Meridian Road: K. Approve Beer, Wine and Liquor License Renewals: Backwater Saloon Whitewater Saloon Bill N Lynn's Place Bill N Lynn's Back Room Chicago Connection -1629 N. Main Street 1935 S. Eagle Road Divine Wine Tony Roma's Cafe Indigo /Courtyard by Marriott The Cigarette Store Meridian City Council April 17, 2007 Page 4 of 49 43 North The Busted Shovel L. Permanent and Temporary Easement Contract for the North Black Cat Trunk and Lift Station of Quenaer Farms, LP: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The Consent Agenda, Item C, resolution number is 07-554. Item D, we'd like to move to the regular agenda, which is 7-D. And with that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. Motion and a second to approve the Consent Agenda as stated. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department: 1. Request for Direction to Pursue Purchase and Installation of Tertiary Filters for WWTP: De Weerd: Thank you. Item 6 under Department Reports, we will start tonight with Public Works. Len. Grady: Madam Mayor, Members of the Council, you have received a request from Public Works in your packet. Basically to summarize that request, we have some sand filters out at the plant that are beginning to fail. We -- with the Public Works with CH2M Hill went through a process to evaluate replacement filters. What we would like to do is come back to you with your guidance next week with a sole source purchase on Aqua Diamond filters and installation of those filters. We need to -- basically, we need to move quickly and these filters do seem to be a sole source item. They would be a retro fit to the sand filters that are in there and we could use contractors on site to install them. The net result, if we push forward with this, is we would ask for a budget amendment of roughly a million dollars and those filters would be installed and operational the first part of August. So, I know that's a lot to absorb very quickly, but the Meridian City Council April 17, 2007 Page 5 of 49 summary is we would like to sole source this and we have been in touch with purchasing and I think they are all right with that. We would like to use existing contractor on site, rather than go out for a bid. He believes that's within our discretion. And, then, go ahead and purchase and install these with the budget amendment. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Len, the filter replacement you're talking about improves the quantity that it can handle and the quality -- does it also provide -- is some sort of cost savings? I understand you took a trip and a found benefit to us doing it now versus the fall with the next year's budget. Grady: I think the -- certainly, the -- I guess I have no expectation that the price would be any better next year. We do have a contractor on site that's winding down. It is an opportune time to replace those. But, more importantly, the existing sand filters are failing. I think that's the point I want to stress. We are still in compliance out there, but as those sand filters get worse and worse, we are -- we have really run on the ragged edge I guess is the best way of describing it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, I like your idea and I know we need it and if we got a contractor out there that we can use -- have you checked with the legal on that, though? Grady: No. Just purchasing. And I guess my expectation would be that they would -- Bird: I have no problem with it, but I would want legal's opinion before I would award something to a contractor, unless there is a way you can make it a change order. Grady: Okay. Baird: Madam Mayor? De Weerd: Yes, Mr. Bird. Baird: Just to clarify, the protocol that we have in place is that these do go initially through purchasing and if they have legal questions they'll refer it to us. To give the Council some comfort level, because of the dollar amounts involved, we would be happy to review it and bring back additional findings and recommendations next week. De Weerd: Certainly, Mr. Baird. I think that the review of the contract and it's within those guidelines. Thank you. Meridian City Council April 17, 2007 Page 6 of 49 Grady: Madam Mayor. And, then, the final -- you asked about water quality. There is a significant improvement in water quality. These cloth filters reduce total suspended solids significantly better than the sand filters, so the water that you see coming out to the out fall would be cleaned up immensely. Along those terms, we are expecting some phosphorus limit -- excuse me -- phosphorus limits to be imposed upon us shortly that will require better filters. Our expectation is these -- these may get us all the way to those reduced phosphorus limits. If not, it's not a big step to get to the final stage. So, they appear to be a good interim filter to where we are going to want to be in say the next ten years. De Weerd: Interim is defined how? Grady: Unfortunately, with EPA we don't know where those phosphorus limits are going to go, so my expectation is these filters will be useful at least ten years. If EPA gets insane with some of their requirements, they may have to be removed and replaced to new technology at that time. De Weerd: Thank you, Len. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If I understood the materials correctly, there is a large filter -- large sand filter that is, as you say, failing or on the edge of failing now, but, then, two smaller ones that you plan to put in the 2008 budget. Is there any cost savings in doing them all at once or can they all be off line while they are fixed at once or -- Grady: Councilman Zaremba, it's -- first of all, the replacement of the large filter, because of the increased technology, the large filter now will give us enough capacity to where we could literally run the small filter -- we can leave the small filters off line and it's also our intention to negotiate the price for future purchases and fix it with an escalation, so that if and when we do go ahead and purchase the small filters next year, then, we will be locked into a price up front. And the reason I say if and when, with this increased capacity we may choose to only purchase one of those small filters or may choose to go ahead and run with the large filter, so between now and next budget year we will be making that final decision. Zaremba: Thank you. De Weerd: Thank you. So, Council, do you want legal to come back next week with this? Bird: Madam Mayor? Meridian City Council April 17, 2007 Page 7 of 49 De Weerd: Mr. Bird. Bird: That would be my preference to make sure we get it out and, then, make sure we go ahead with this. We need to go ahead with it, but I want to make sure everything is legal. I don't see why you can't make a change order, but that's up to legal. Baird: Madam Mayor, Members of the Council, to avoid any further delay, I think the request is to have this on for your approval next week. Perhaps the direction could be just to have legal review it before it gets put on the agenda and will -- if it's there you will know it has our blessing. De Weerd: Okay. Does that work, Len? Grady: That works. B. Fire Chief Ron Anderson -Fireworks Ordinance update. De Weerd: Thank you. Item B was added regarding a letter of support for the county's fireworks proposed zoning ordinance text amendment. Anderson: A mouthful, isn't it. De Weerd: Yes. Anderson: Good moming, Mayor -- good moming. Good evening, Mayor and Council. I just woke up. Sony. I'm here before you tonight -- I wanted to take you back to last month and if you recall Meridian took the lead in passing an ordinance that will help to eliminate the illegal fireworks situation that we have had the last several years and as part of that it's important that we get the other cities in the Treasure Valley to adopt the same type of ordinance or similar ordinance to what Meridian has adopted and, in addition, it's important that we get the counties to fall in line with that, otherwise, it kind of defeats the purpose. People would be able to drive just outside the city limits and buy the illegal fireworks. And so after we got the ordinance passed here, we approached the county and started talking to them about what we needed to do to get them to pass a similar ordinance and upon review of the county's legal staff, they felt that their current ordinance actually does ban the sale of fireworks period in the unincorporated areas of the county, but what they did find out is that in their zoning text they had reference to fireworks stands -- temporary fireworks stands. And so next month, May 24th, they are going to be having a Public Hearing on revising that text amendment and taking the reference out to the temporary fireworks stands. They need agency comments into them by next Monday and so what we are asking for you to tonight is to sign onto a letter that -- that letter has been drafted and given to the Mayor and we would like to have your support, so that we can forward that onto the county, urging them to remove that reference to the fireworks stands in that county text and so that should help clear it up, so that fireworks will not be able to be sold anywhere in Ada County ,they will have to be only in the incorporated cities and, therefore, the cities will, Meridian City Council April 17, 2007 Page 8 of 49 l J then, be able to use the same type of ordinance that we passed last month to control the sale of these illegal fireworks. So, that's what we are here tonight for is to ask your support and your endorsement of that letter and with that I'd stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Borton: You have our support. Rountree: You have our support. There you go. Anderson: Thank you. De Weerd: They had some down time while sitting up here. Thank you, chief. Chief Anderson, I would like to thank you and your staff -- hey, Ron. We'd like to thank you and your staff for the leadership your department has taken in pursuing this and collaborating with all the other agencies, so thank you. Anderson: I'll pass that on to them. Item 7: Items Moved from Consent Agenda: D. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-064 Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision by BSC, LLC -north of Ustick Road and east Ten Mile Road: De Weerd: Thanks. Okay. Item D was removed from the Consent Agenda. Anna or Ted, who wants to take that one? Canning: Madam Mayor, I can make just a quick statement. De Weerd: Okay. Canning: We received a fax from Lochsa Engineering on Friday at approximately 3:30 p.m. requesting reconsideration for Cold Creek Subdivision. That was addressed to Sonya Wafters. She was not in the office on Monday, so we discovered it this afternoon and got it to the clerk as soon as we could. But it did come fairly late in the game and, then, you received it even later in the game, figuratively speaking. Excuse me. Meridian City Council April 17, 2007 Page 9 of 49 J De Weerd: Thank you, Anna. Council, you do have a letter in front of you asking for reconsideration. Mr. Baird, does this need to go on an agenda? Baird: Madam Mayor, what you have before you is a request that the appropriate response would be either to deny the request or grant the request for reconsideration. If the Council chooses to grant that request, it would be set on an agenda and re-noticed for a reconsideration hearing at a future date. De Weerd: Okay. I guess my question is, Mr. Baird, this letter was not on the agenda, only the findings were. Baird: Correct. And because the findings were on the Consent Agenda, Madam Mayor, Members of the Council, if you had just left it on the Consent Agenda for approval, reconsideration couldn't have been considered by this Council, because of -- once a project is approved, you can't reconsider it. So, you do have -- probably the -- one of the things to do at this point would be -- you pointed out a -- kind of glitch here. If you want to put it on next week's agenda to consider the reconsideration request, that way they could be here to argue it, unless they happen to be here tonight. So you have a range of options there. But the fairest thing to do, now that you have taken the action to pull it off the Consent Agenda, is direct staff to put the request on next week's agenda for consideration. Have I thoroughly confused you? Zaremba: Madam Mayor, so moved. De Weerd: Oh, boy. Do you know the motion you're voting on? Bird: Madam Mayor? De Weerd: Yes. Bird: Counsel, even though we pulled it from the Consent, we could still vote on the -- on Item 7-D; am I not right? Baird: Oh, yeah. Bird: We can vote to approve it or deny it; right? Baird: Absolutely. And that's -- Madam Mayor -- and that is what has been noticed are the Findings of Fact. If you choose to approve those Findings of Fact, then, you, in effect -- again, I'm probably confusing you even more, but you, in effect, deny the request for reconsideration. De Weerd: Thank you. Okay. Council? Borton: Madam Mayor? ~ ~ Meridian City Council April 17, 2007 Page 10 of 49 De Weerd: Mr. Borton. Borton: My two bits is to delay the findings a week, have the request on the agenda for April 24th. We can decide, then, whether or not we want to reconsider. I think it invites the problem that I have got with reconsiderations, that we don't have specific rules to delineate, you know, a time frame as to when you have to file them and make the request. Those things will need to be flushed out going forward, but I'd rather delay it a week than rush into action. And that's not making any comment with regard to the validity or not of the request, it's just merely procedure. Having said that, that would be a motion to continue Item 7-A, the findings to April 24th. Bird: Second. De Weerd: Okay. I have a motion and a second to -- Zaremba: Madam Mayor? De Weerd: -- bring back --discussion. Zaremba: Discussion. And does that motion include the adding a discussion of the request for reconsideration? Borton: It does. De Weerd: Okay. All those in favor say aye. All ayes. Any opposed? Rountree: Madam Mayor, I'm going to vote nay and explain my vote, so -- in the record for the applicant that what I have seen in the letter does not really address the issues I believe that were pointed out to them in the last meeting, so their reconsideration may not be successful. De Weerd: Thank you. So noted. MOTION CARRIED: ALL AYES. Canning: Madam Mayor? De Weerd: Yes. Canning: Just to clear the record. I believe that President Borton, you said Item 7-A. It's 7-D. De Weerd: 7-D. Borton: Well, I guess to the extent that it retained its same letter of the alphabet when it goes to seven. Whatever letter you gave it. Meridian City Council April 17, 2007 Page 11 of 49 De Weerd: What I opened the discussion with. Borton: 7-D. Item 8: Presentation of City of Meridian 2006 Environmental Excellence Award to Taco Time located at 785 S. Progress Avenue: De Weerd: Thank you. That was for the public record. Okay. Item 8 is a presentation of the City of Meridian for 2006 environmental excellence award to Taco Time and at this point I'd ask Steve to please come forward and introduce it. Maneck: Good evening, Madam Mayor and Council. It's my pleasure to be here tonight to make a presentation for our environmental excellence award and before I do that I'd like to take a brief moment to talk about past awards that the city has presented to the business community. The pretreatment program presently coordinates and administers city ordinances and requirements from the EPA for our discharge into the wastewater system and we work with over 300 businesses that have to meet these compliance levels. Since 2000 the city has granted four awards to companies that have not only met, but far exceeded the expectations to meet those requirements, working with the city to meet those requirements of our program and such. The first award went to a Dr. Leon McRay, who is a dental -- has a dental office. He's a dentist and he put in a mercury separator and eliminated his silver bearing wastewater by putting in x-ray equipment that was totally digital. So, he pretty much eliminated his waste byproducts. In 2001 Micro 100, a tool company, that has over 100 employees here locally, falls under a federal requirement for their discharge into the system. They are considered a metal finishing operation and so they have to have a formal permit that we administer and insure that we meet our compliance levels with our -- the discharge. They went -- in 2001 went to zero discharge and totally recycled their waste and worked with subcontractors to come in and manage it that way. So, they went down to zero discharge. So, in 2001 they were awarded the award. In 2004 the Idaho Fleet Services, which is a local automotive repair company, received the award and they basically recycled their waste products, their solvents, their hazardous waste managed properly and efficiently and so they were awarded this award in 2004. Well, tonight is a first for our program to award a food service type company over the -- not only this past year, but several, Taco Time and Lenore Bacon, which is -- she's seated here in the audience, she's the general manager, have exceeded our expectations and run their business and really did an over the, you know, top effort with working with the city to actually relocate some equipment. That's -- we were having some issues with and so what we'd like to do tonight is make that presentation to Taco Time and make a, you know, formal recognition to our community. De Weerd: Okay. Lenore, congratulations. I understand that you have been with Taco Time for a very long period. You have also been noted for the training that you have of your employees and that lends to the quality of what you discharge and we appreciate that. This award is being presented to you tonight for the quality of employees for Meridian City Council April 17, 2007 Page 12 of 49 adopting environmental friendly BMP practices, equipment, and technologies. And this is presented to you in appreciation for your environmental excellence. So, congratulations. Bacon: Thank you. Item 9: FP 07-007 Request for Final Plat approval for 4 commercial building lots on 4.4 acres in a C-G zone for Cope Subdivision by Ronald Van Auker - 130 East Overland Road: Item 10: FP 07-008 Request for Final Plat approval of 54 single-family residential building lots, 1 swimming pool lot and 13 common lots on 24.63 acres in an R-8 zone for Bearwood Subdivision No. 1 by Tuscany Development, LLC -west of South Stoddard Road, east of South Linder Road and south of West Overland Road: De Weerd: Okay. Item 9 -- and, song, Anna, I haven't checked to see if the applicant has agreed with all staff comments on these next two final plats. Canning: Yes, ma'am, they have, but I do need to make a comment that on Bearwood Subdivision. The letter of agreement by the applicant notes a revised condition of approval and that was as required by staff for the landscape plan with regard to stormwater retention areas. So, we do have letters from the applicant stating they are in agreement with the conditions of approval, but we need to add the Bearwood Subdivision one to the record. De Weerd: Okay. Thank you. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No. 9, FP 07-007 for Cope Subdivision. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Rountree: Madam Mayor? • Meridian City Council April 17, 2007 Page 13 of 49 De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item 10, FP 07-008, Bearwood Subdivision No. 1, with subject -- the staff suggested revisions to the conditions. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item No.10 with stafFs comments. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: Parks and Recreation Department New Fees and Fee Changes for Recreation Programs and Activities: De Weerd: Okay. Item 11 is a Public Hearing for the Parks and Recreation Department's new fees and fee changes for the recreation programs and activities. I will open this Public Hearing. Mr. Strong, do you have any remarks? Those remarks were given, apparently, in the department report we had previously. He supports all these fees and is there anyone in the public who would like to provide testimony on these fees? Okay. Seeing none, Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If there is no public comments, I move that we close the Public Hearing for Item No. 12 -- or 11. Excuse me. Eleven. Bird: Eleven. Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Baird, is the next step, then, to bring a resolution back adopting these fees as presented? Baird: Madam Mayor, Members of the Council, I'm going to be succinct in my remarks and respond with a yes. Meridian City Council April 17, 2007 Page 14 of 49 De Weerd: Thank you. We appreciate the change. City Attorney Nary is not so short. Okay. So, do we need a motion directing staff to bring back a resolution? Council? Zaremba: So moved. Rountree: Second. De Weerd: Okay. I have a motion and a second to ask staff to bring back a resolution to adopt these new fees. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from April 10, 2007: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: Item 13: Continued Public Hearing from April 10, 2007: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: De Weerd: Okay. Item 12 is a continued Public Hearing from April 10th on MFP 07- 002. I will start with staff comments. Canning: Madam Mayor, Members of the Council, just to refresh your memory, this is the Sond project. It's located on the west of North Black Cat Road and, then, on the south of Cheny. At the previous hearing staff explained the request and noted several outstanding concerns. Chief among them were the reluctance about allowing Council to approve a variance that runs with the land and, two, providing surety for the eventual removal of the homes in this subdivision. As you remember, that was the requested modification is to allow the two existing homes to remain while they construct new homes on the platted lot. You asked staff to work with the applicant to resolve the matter without needing the variance. We feel we have done that. I do need to say that staff is still a little concerned with setting a precedent with this application. However, we did work with the applicant to come up with conditions of approval that will, hopefully, result in the full compliance with the original final plat approved. Staff feels this is preferable to approving a variance on the property at this time. We recommend that Council replace the existing condition number 12 and number 13 in the final plat with the following -- if Council would like it, I can put this language up on the screen as well, but I'm going to read from the notes I have. Number 12 would be remove any buildings that do not meet setback requirements prior to signature on the plat by the city engineer. If the applicant chooses not to remove the buildings at this time, the following conditions shall be addressed prior signature on the final plat. First bulleted item: Provide three bids for removal of the two existing houses, 110 percent of the median bid Meridian City Council April 17, 2007 Page 15 of 49 shall be provided prior to signature on the final plat by the city engineer. Bulleted item number two. Provide surety for the removal of the wells and septic system. Bulleted item number three. The number of building permits issued shall be limited to 12 prior to complete removal of -- or demolition of the two existing homes. No additional building permits shall be issued until the applicant removes the existing homes and until -- and installs all required improvements. Bulleted item number four. Provide a copy of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction of the two replacement houses are complete. And the final bulleted item: Provide surety for the removal of the wells and septic. Oh, look at that, we have that twice. We probably could remove that item. Pardon me. And, then, condition number 13. The City Council has allowed the existing homes to remain on a temporary basis, not to exceed one year from signature on the final plat. You did receive written testimony since the last hearing. That was a memo from Mike Cole in the Public Works Department. I did work with Mr. Cole and the city engineer Len Grady on the proposed conditions that I have read into the record tonight, despite the redundant redundancy. De Weerd: Okay. Any questions for staff? Rountree: I have none. Bird: Not at this time. De Weerd: Okay. Is the applicant here? He has no added comments. Council, any questions for the applicant? Zaremba: Madam Mayor, I do have one. De Weerd: Would the applicant, please, come forward. If you will, please, state your name and address for the record. Bowman: Yes. David Bowman. 5808 North Cape Arago in Boise. De Weerd: Thank you. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I would comment that the notes provided by staff appear to address most of the things that were already discussed and agreed to last time. The one that for some reason is new to me is to provide a rental agreement that proves the tenants know that they are going to have to move out at some time and I guess my question is since that's a new subject to me, is this something that you know about and will be able to comply with? Bowman: Yes, it is. And I believe that those -- those agreements have already been supplied to the proper department. Mr. Grady and Mr. Cole and myself -- or my partner discussed that and that's just to verify and prove that we have the authority, should such time come, to go ahead and make sure that those people are willing and forcibly able to Meridian City Council April 17, 2007 Page 16 of 49 be removed should it be necessary. It will not be necessary, but that's an added benefit just to make sure that it is -- Zaremba: Okay. Bowman: -- complied with. Zaremba: Thank you. De Weerd: An added benefit. Bowman: Added strong arm tactic. Whatever you want to -- De Weerd: Council, any questions? Okay. Thank you. Okay. Any member from the public wishing to testify on this application? Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Since we had a pretty thorough discussion last time and this seems to clear up the issues that were left, I move we close the Public Hearing on MFP 07-002 and, actually, before I conclude that motion, do we need to accept their withdrawal of the variance? Baird: Madam Mayor, Members of the Council, I'd recommend you do that separately. Currently, the Public Hearing, if I'm correct, is only on Item 12, which is the subject of your motion. Zaremba: Thank you. Madam Mayor, my motion was complete. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 12 with the added bullets. Oh, I'm sorry. Bird: To close the Public Hearing. De Weerd: I'm just trying to expedite this meeting. Bird: I appreciate that. De Weerd: Okay. Close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. n Meridian City Council April 17, 2007 Page 17 of 49 De Weerd: I don't get to make any of these motions myself, so I thought I'd just flip one by them and they didn't fall for it. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move that we approve Item 12, MFP 07-002, to include the staff comments provided with the following changes. We agree that we will replace condition 12 with the newly stated condition 12, to which there are two modifications. In the third bullet under Item 12, in the last sentence, the second time that the word until appears, that word could be deleted. And still under Item 12, the fifth bullet can be deleted as it's already covered in the second bullet. And, then, adding a paragraph 13 to replace the original paragraph 13. End of motion. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 12, with the changes as noted. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd just like to thank the applicant and staff for sitting down and working through the issues and I think we have a pretty reasonable approach here. De Weerd: Thank you. Thank you. Any other discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. I would need a motion on Item 13 acknowledging the withdrawal of the variance. Bird: Madam Mayor, I move we close the Public Hearing on Item VAR 07-004. Zaremba: Second. Baird: Madam Mayor, Members of the Council, not to be hyper technical on this, because we are all in agreement, but just proper procedure would be to open the continued hearing, acknowledge receipt of the letter, request to withdraw, close the hearing, and, then, take a motion. Meridian City Council April 17, 2007 Page 18 of 49 De Weerd: Okay. Well, I will open the Public Hearing on Item 13, acknowledge that we have received a letter from the applicant requesting to withdraw this item, and so I would need a motion to approve the withdrawal of this. Baird: To close the hearing. Bird: Madam Mayor, I move we close the Public Hearing on VAR 07-004. Rountree: Second. Zaremba: I'll second that for a second time. De Weerd: Okay. I think I know what I'm doing now. All those in favor? MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we pull -- that we allow the applicant to -- the request of pulling VAR 07-004 from the application. Rountree: Second. De Weerd: I have a motion and a second to accept the withdrawal of Item 13. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from April 10, 2007: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cheny Lane: Item 15: Continued Public Hearing from April 10, 2007: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cheny Lane: De Weerd: Okay. Items 14 and 15 are continued public hearings from April 10th on AZ 07-003 and PP 07-005. I will start these two items with staff comments. • Meridian City Council April 17, 2007 Page 19 of 49 Canning: Madam Mayor, Members of the Council, this is the Grau project. It's located on the south side of Cherry Lane, approximately a half mile east of Black Cat Road. As you will note, it's one of the few remaining un-annexed parcels in this -- in this section. The applications before you tonight are for annexation and zoning, preliminary plat, altemative compliance and private street. We brought all of those to you, because the latter two, the altemative compliance and the private street are important considerations in this project, because it is a small in-fill site. The proposed development includes annexation and zoning of one acre in the L-O -- to L-O and R-8 districts and preliminary plat approval of one office lot and one common lot in a proposed L-O zone and three single family building lots in the proposed R-8 zone. I'm going to point things out, because it's a little bit difficult to read this site plan. The existing house and the parking lot will be in the L-O zone, the proposed L-O zone. The three house lots -- one, two, and three all have flags going out to Cherry Lane. The private street application will be for the drive aisle coming in for the proposed L-O use. And the altemative compliance is to meet the required landscape buffers -- the separation buffers from the L-O zone to the residential uses. Actually, they have enough on the west side of the property. The constraint is on the east side of the property in order to get their drive aisle and parking to the rear of the building, it leads very little property in which to establish the landscape buffer. But staff did feel that it met the intent of the altemative compliance for that buffer. The lots range -- lot sizes range from 4,860 square feet to approximately 11,175 square feet. The average lot size is about 9,125 square feet. And the gross residential density is approximately four units per acre. There is the one converted home for the proposed commercial use and that home is about 1,800 square feet. The staff and commission recommended a development agreement with the following site specific provisions. Only principally permitted uses allowed within the L-O zone would be allowed on the property. So, no ancillary commercial uses or other conditionally allowed uses. And this is typical when we see a property using that provision of the Comprehensive Plan that allows for existing residences on arterial roads to have office designations, rather than residential. The hours of operation for the office lots shall be limited from 6:00 a.m. to 10:00 p.m. That a five foot wide landscape buffer will be installed along the private street at the east property line prior to occupancy of the first office building on the site. And that a ten foot wide landscape buffer would be installed on Lot 2 along the east property line, also prior to occupancy. This is Lot 2 here at the back. So, along that east property line. That prior to issuance of CZC, the applicant records across-access ingress-egress easement to the parcel to the east. I should explain this. You can see it on the -- the aerial photograph. There are two fairly large existing homes that take direct access to Cherry Lane. They are large enough that they could be redeveloped at sometime in the future. So, we are asking that as the applicant builds this private street from Cherry Lane, that they provide across-access to this parcel in the event that they ever wish to redevelop their site as perhaps another office use or more intense residential use. We do not have elevations for you. Here is the landscape plan, noting the landscape improvements for the office portion. As you see, they have -- they have done a dense planting of trees to compensate for their -- the fact that they don't have much area over here on the east side of the property. The Commission recommended approval at their March 15th, 2007, Public Hearing. Kandy Hall, the applicant's representative, spoke in favor of the application. Larry Taylor, the • Meridian City Council April 17, 2007 Page 20 of 49 developer, and Bill Grau, the property owner, also spoke in favor. No one spoke in opposition or commented on the application and we did not receive any written testimony with regard this application. Key issues of discussion by the Commission were the fencing. The applicant has agreed to install any necessary perimeter fencing to match that of the adjacent properties and relocating the internal sidewalk from the east side of the building to the west. Key Commission changes to staffs recommendation were that -- that the applicant shall provide a sidewalk which extends from the proposed office building out to Cherry Lane to be located on the west side of the building. The only outstanding issues before City Council -- they are really quite minor. The Commission did not make a motion to specifically require the installation of perimeter fencing, as agreed to by the applicant, so we ask that you, please, modify condition 1.2.6 to add a bullet stating applicant shall provide perimeter fencing. And, then, the applicant has provided staff with the revised preliminary plat and landscape plan and the updated plans are included and evaluated in the staff report. So, a lot of concerns have already been addressed. We have received no additional written testimony since the staff report was forwarded to Council -- or since the Planning and Zoning Commission was forwarded to Council. And with that I will answer any questions you may have. De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Kirkpatrick: Good evening. Wendy Kirkpatrick with Stanley Consultants. And my business address is 1940 South Bonito Way here in Meridian, Idaho. And it's a pleasure to be with you this evening. I'm here tonight with a really pretty straight forward application. This is one acre in size and it's an in-fill project. We are requesting L-O where we are fronting Cherry Street and R-8 for the remainder of the site. I just had a couple of things I wanted to bring up and address. Anna did a great job explaining our -- our request for altemative compliance. This is a site where we really have some severe site constraints. Along Cherry Lane we only have 125 feet in width and if we were to include the landscape buffers, that would be required, we would not be able to have an access point to the site and we have an existing structure on the site. So, we really have some severe site constraints and we are willing to go above and beyond the landscaping requirements where we are putting those buffers in on the east and the west. And staff has recommended approval of altemative compliance on the site. A couple things I wanted to address from the staff report and we definitely are in agreement with staffs recommendations. I just had a couple of clarifications I want to address. If you go to the planning department annexation comments, section 1.1, I had a couple of the bullet points I wanted to go through. If you go to the second bullet point -- and I don't believe this was brought up by Planning Commission. There was a Meridian City Council April 17, 2007 Page 21 of 49 i suggestion that no alterations, expansions, reconstructions or other enlargements to the existing structure will be permitted, except through the certificate of zoning compliance. The current property owner would -- I guess is planning in the near future to enlarge a carport on the property and I just wanted to have on the record that they are planning that and that's the only planned modification for the structure. I didn't want to have to come back through hearing. They will be doing that through a CZC and through a building permit. I just wanted to have that on the record. And, then, on the fifth bullet point -- and Anna made an elusion to this. There is a requirement that the -- the following uses shall only be allowed on this property principally permitted uses in the L- O zone. No ancillary commercial uses or other conditionally allowed uses shall be allowed on the property. And I would like to just preserve the right for the applicant to come back and ask for a conditional use. At this point they are not requesting anything that's not a principally permitted use in the L-O zone, I just would like for them to have that permission to come back for a conditional use for that to go through a Public Hearing in the future. And it sounds like you have a precedent in the past, but I wanted to go ahead and request that. I thought that was reasonable for them to come back for a conditional use. And those are the only comments we had. We have worked with staff and revised the site plan from the last P&Z hearing and are in agreement with the site plan and in agreement with the staff report, except for those two clarifications I wanted on the record. So, I'd ask for your approval and I'm here for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Canning: Madam Mayor? May I ask the applicant -- I didn't understand the first point the applicant was making. Would that be okay if I ask her to clarify that? Kirkpatrick: Oh, Mayor and Council Members, I thought the wording was unclear where it was requiring that any alterations were only permitted through a CZC. The property owners are wanting to add a carport and I just want to make sure that that would not be prohibited, that they could do that through the CZC. If I could just get clarification on what that means and have that on the record, that would be great. Canning: Would Madam Mayor like me to do that? I need guidance. Would you like me to address that? De Weerd: Yes, please. Canning: I believe that what the intent of Mrs. Wafters -- or, I'm sorry. Mrs. Hess's development agreement provisions here is that the applicant would receive a certificate of -- or would undertake a certificate of zoning compliance upon annexation to the city before operating the use in that structure. I mean everything is tied to that CZC. So, the cross-access is tied to that. All references to use are talked about with that regard. Meridian City Council April 17, 2007 Page 22 of 49 ~ ~ So, I believe that that's what was intended, that the applicant would get a certificate of zoning compliance. If they want to include the carport expansion, we would certainly evaluate that. I feel reluctant to say that it would be okay, having no idea where it is or where it's proposed. So, I'm a little unclear. But that would be -- certainly be something we would evaluate against the code for the L-O zone upon certificate of -- submitting a certificate of zoning compliance application. Kirkpatrick: Madam Mayor and Council, my concern would just be if they were to come in in three months from now and apply for a certificate of zoning compliance for the carport, that if it didn't match the preliminary plat exactly in the existing footprint, that that wouldn't be allowed. That's -- I guess that's my concern. I guess they are planning -- we have the property owner here. Planning a 900 square carport to be added onto the property. I just wanted to make sure when they came in for that building permit, if it didn't match the site plan, they would still have the opportunity to have it evaluated and make sure they met code and get that CZC. De Weerd: I don't know -- Rountree: I can't tell you. De Weerd: Anna. Canning: Madam Mayor, Members of the Council, we have not -- sometimes we do say that through -- where we suggest that the Council may want to approve a specific concept plan with an application. We have not stated that here. The applicant really has very limited opportunities to deviate from this concept plan very much, so it probably wasn't necessary. Certainly a 900 square foot addition, I probably wouldn't have called out as not being in substantial compliance with the concept plan, but, again, not knowing where it is, I'm not sure if I can say that the -- you know, outright that that would be something that would be something we could approve, but we would just evaluate it against the code to make sure it met those conditions. Kirkpatrick: That would be perfect. De Weerd: Okay. Kirkpatrick: If I hadn't done this in other cities, I wouldn't be concerned, so -- yeah, that sounds totally reasonable. As long as they would be required to meet code, as long as they are evaluated for that, and not held in substantial compliance with this site plan that's shown when they bring the carport in, that would be -- that will work. De Weerd: Okay. That's as close to an answer as you're going to get. Kirkpatrick: Okay. Then, I'm satisfied. De Weerd: Okay. Thank you. Meridian City Council April 17, 2007 Page 23 of 49 Kirkpatrick: Anything else? De Weerd: Anything else, Council? Okay. Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council, seeing none, do you need anything further? Yes, Anna. Canning: Madam Mayor, Members of the Council, I'd like to comment on the second request. That was to allow conditional uses on this properly that -- to allow the applicant to request conditional uses of the L-O zone on this property. And, again, you know, we haven't seen one of these for awhile, so I want to remind you how the applicant is able to ask for the L-O zoning. They are currently designated as residential on the Comprehensive Plan. We have that provision of the Comprehensive Plan that says if you're less that three acres, if you have access to an arterial street, and if it makes sense to Council, you can request an L-O zone for office uses only. And we have gone around on that issue a couple different times in a couple different ways. But it does say for office uses only and that ancillary commercial uses should not be approved on this. So, it's this -- this same situation that we have been in with regard to the multi-family development in the L-O zone, but it does say office uses and office uses only. I think that given how close the houses are in proximity to this, that there are several conditional uses that would be inappropriate and I think it would be better to limit it to just office uses in this case. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I don't have any. De Weerd: Okay. With that comment does the applicant have anything further to say? As you do have the final word. Kirkpatrick: Thank you. Mayor and Council, the property owner is actually fine with that restriction. I was just trying to give them some more latitude with what they could do with their property in the future. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: One question for the applicant. I waited until you got all the way back. So, do you know where the carport is going? I mean is it sort of -- • • Meridian City Council April 17, 2007 Page 24 of 49 Kirkpatrick: I just spoke with the property owner. The carport actually has been constructed. I guess for clarification, I should have made it -- he wants to enclose the carport. So, that would be -- that would require a building permit and that would require a CZC. I just wanted to make sure that was on the record and Iwould -- Borton: So, where is it now? Kirkpatrick: The carport -- De Weerd: We'll have to have you state your name and address for the record and, then, you could even use the little pointer up there. Grau: Okay. Bill Grau. 4135 West Cherry Lane, Meridian, Idaho. De Weerd: Thank you. Grau: The carport's right there. It's already existing. It's already hooked to the house and already existing, so all I wanted to do was enclose it and they said that the house is 1,800 feet and the carport's about 900 feet and in the original application it came out to around 2,700 feet on the -- on the plan. So, it isn't something I'm adding, it's already there, I'm just going to enclose it. Or wanting to enclose it. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I missed something in that. It will cease to be used as a carport and will become part of the enclosed building? Grau: Uh-huh. Zaremba: Okay. De Weerd: Okay. Any other questions, Council? Thank you so much. Okay. Thank you, Wendy. Council, any further information needed? Rountree: I have a question for staff, Madam Mayor. Anna, are you comfortable that the UDC design criteria will be sufficient for this small parcel, particularly with the redevelopment of a residence into an office? Canning: Madam Mayor, Members of the Council, I don't believe they intend on making many modifications, other than, apparently, enclosing the carport. But I believe that they are just going to use -- reuse the existing house. As I recall. It's been awhile since I talked with the applicant. But as I recall they have an existing hair salon, I believe, in the -- in the structure right now and that use would just continue, but in the proper zoning, in this instance. And the three houses behind, we wouldn't have design review • • Meridian City Council April 17, 2007 Page 25 of 49 for for some time, but they are very secluded and they have large attached units just to the west. These are all attached units here that provide very limited views into the area. You have two single family homes down here and, then, one in Rod's Creekside. So, it's -- it is truly an in-fill tucked back there that probably won't be visible from Cheny Lane. Rountree: Thank you. De Weerd: Okay. Anything else? Zaremba: Madam Mayor, if I may? De Weerd: Mr. Zaremba. Zaremba: A question for the director as well. And this applies to more applications than just this one. But in the cases where a property would qualify for the L-O zone, solely because of the resolution that -- that you have mentioned, in future administrative tracking of those kind of things, an L-O zone is an L-O zone, but would it be useful or possible to rezone it to something like L-O slash resolution 05, ~JCX, or whatever it was, so that everybody remembers why it qualified to be an L-O? Canning: Madam Mayor, Members of the Council, that's not a bad idea. Boise City uses a similar concept. They use an L-O and, then, they stick a D on it, meaning it's design review. We could -- we could adopt something like that. One of the key benefits, I think, to our GIS system, our geographic information system -- and now that we have got some more staff for that in the Public Works Department, is to start putting a layer on that that notes what these development agreements are and you can even -- my understanding is you can even attach those, just like a pdf to the GIS style, so you can click on it and the development agreement would pop up. If this were the only ones that we put development agreements, I would think that the suggestion Councilmember Zaremba makes is -- would be great. Since we have so many development agreements to track, we need this - we are in the habit now of remembering to look on every single one and if we can get that incorporated in the GIS, I think that that will be our best method. But if that, for some reason, fails, I like the idea of perhaps adopting a kind of sub category of the L-O district, that would be helpful. Zaremba: Thank you. De Weerd: Okay. Anything further, Council? Rountree: I have none. De Weerd: Okay. Do I have a motion to close? Zaremba: I move we close the Public Hearing on AZ 07-003 and PP 07-005. Meridian City Council April 17, 2007 Page 26 of 49 Rountree: Second. • De Weerd: Okay. I have a motion and a second to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Items AZ 07-003 and PP 07-005, to include all staff comments, plus in condition paragraph 1.2.6, add an additional bullet between the existing sixth and seventh bullet that states: Applicant shall provide perimeter fencing and, then, just the comment that a few things that have been discussed, no promises have been made that they will be approved, but the promise has been mad that they will be considered. End of motion. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15. Zaremba: I'm song, I thought I lumped both of them together, did I not? Canning: He did. Bird: He did. Zaremba: Is that acceptable? De Weerd: Apparently, not since, I asked for a motion on 15. Bird: Madam Mayor, I agree a hundred percent with you and I should have not voted. I think we -- while I like to get out of here as early as anybody else, I think we need to do items like that one at a time. De Weerd: I just took the comments as appropriate under annexation, so if you want to make the same motion on this item. Meridian City Council April 17, 2007 Page 27 of 49 Zaremba: Madam Mayor, I will make a separate motion that addresses only PP 07-005. I move that we approve Item 15 and adding the condition under paragraph 1.2.6 that the applicant shall provide perimeter fencing and everything else that's been said. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: VAR 07-005 Request for a Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad for Barnes Home Business by Nathan Games - 35 East Ada Street: De Weerd: Item 16 is a Public Hearing on VAR 07-004 -- or five. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Bames project. It's located at 35 East Ada Street, not too far south from here. It's on Ada about midway between Main and Meridian. And the application before you tonight is a variance. The applicant is specifically requesting a variance from Sections 11.2D.4 and 11.3C.6 of the UDC. 11-2D-4 references back to the downtown Meridian design guidelines and within those design guidelines there are front setbacks of, basically, zero. There is a build-to line at the front of the house and, then, with regard to the other provisions of code, the 11-3C-6, that's with regard to a 10-by-20 parking path between the access and the garage. So, this is the zoning. Here is a picture of the site. And I'm just so tickled by this -- this application before you tonight. Somehow that picture got rotated, but when you think of variances, you should remember back to this application, because this is truly why there are provisions for variances in the state code and within the City of Meridian code. Here is the property and here is the easement going through that property. So, here is the front street -- something got really goofed around here. I know what happened. The box stayed and the picture rotated for some reason. Hold on a minute and I can fix that, because this is -- Rountree: Different layers going different directions. Canning: Madam Mayor, Members of the Council, I'm going to shut this down to see if when I bring it back up it's in the correct place, because it was correct earlier today. I apologize. Well, Madam Mayor, Members of the Council, I'll just have to -- ruined my thunder on this wonderful variance application. This red box should be located like this. That's the property outline. So, you will see Ada Street would be at the front of the property and the applicant is physically unable to located the structure toward the front Meridian City Council April 17, 2007 Page 28 of 49 of Ada Street, because the easement goes -- is located in that direction. So, they are forced to put it on the southwest comer of the property next to the alley. And as I go down to the site plan, you can see here in the general location of that facility. Here is Ada Street. Here is the alley. So, the structure that's proposed would be here in the southwest comer. This is access to the alley. And this is the structure that's proposed and it complies with the provisions of the design guidelines, except for the fact that it had to be setback from Ada Street. The applicant is proposing to build a home and their studio recording office, so that the second story would be the house, while the bottom story in the back would be the recording studio. With regard to the parking, because, again, because of the -- the drainage facility or irrigation facility, the applicant is only able to get a limited parking pad toward the rear of the structure. They do have the fully enclosed garage, it's just the parking pad is not the full eight-by-ten, it's -- but they do -- they are able to achieve eight feet in depth and they do have a 16 foot alley behind them. They -- in addition to that, they do provide a parking lot for the studio use and the square footage required for that. So, if the Council approves the requested variances, it would allow the applicant to build a two story, 2,800 square foot building to serve as home and the recording business. Staff is recommending approval. In this instance granting the variance will relieve an undue hardship that is caused by the irrigation lateral that crosses the site. The physical impediment affects the applicant's ability to meet both the required setback and the required depth of the parking pad. We did receive one letter since you have received our staff report and that was a letter of support from Deborah Bames with reference to the development of this site. And with that I will answer any questions and I apologize for the delay in -- in this photo. I don't know what happened. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. Rountree: No. De Weerd. Okay. Thank you. Is the applicant here? If you will, please, state your name and address for the record. Bames: My name is Nathan Bames. My address is 2360 North Equestrian Place, Eagle, Idaho. De Weerd: Thank you. Do you have any comments? Bames: I have nothing to add, but would be happy to answer any questions you might have. De Weerd: Any questions for the applicant? Bird: I have none. Meridian City Council April 17, 2007 Page 29 of 49 Rountree: I have none. De Weerd: Thank you. Bames: Thank you. CJ De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Very quiet audience out there. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you put up the elevation again? Canning: Yes, sir. Borton: Is the concept that the lot -- I guess to the west -- I think that's right. Would be attached to this -- Canning: At some point and that's why there are no windows on that elevation. On the -- the side that's open to the -- the one benefit of this to the applicant is that they do have a fair side yard that they are able to make into kind of a seating area and these windows would face that kind of outdoor area. Borton: Okay. Madam Mayor, I understand the findings on the easement and various issues with the particular finding on the parking pad, but I haven't heard any arguments far as a hardship finding. Canning: Yeah. It was same. Borton: The easement issue in the back? Canning: Well, just as the site is so constrained by the physical features of the -- because it takes up nearly -- it takes up more space than even one would imagine, because the comers are inefficient -- or triangle pieces are inefficient, so because it takes up so much that they are just able to get a limited property on there. Borton: Okay. Canning: Or limited size building. I'm song. De Weerd: Okay. Any other questions? Bird: I have none. Meridian City Council April 17, 2007 Page 30 of 49 De Weerd: Okay. If there are none, I'll have a motion. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just a comment while the Public Hearing is still open. One, I'm enthusiastic about the concept of having a mixed studio and residence. Vertical integration is coming to Meridian and I think this is a good example and I think that's wonderful. My one point of disappointment actually has nothing to do with what they are proposing, except for this easement. This property and the surrounding ones are in the area where some day there will be a cross-over for the split corridor. It would be marvelous if that easement could actually be where the roadway was going to go and, therefore -- since people can't build on it anyhow, it's wasted space to the property owners. It would be nice if it could be incorporated into the eventual engineered design of where that cross- overfor the split corridor is going to go. We all know that's going to happen some day. It's so far away that I can't see penalizing this applicant for how far away it is, but I just wanted to express my disappointment that it was not closer at hand. Canning: Madam Mayor, Members -- Zaremba: With that said I move we -- oh, I'm sorry. Go ahead. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, we -- we did recognize that this was very close to the cross-over area. So, one of the first things we did was contact ACHD about the eventual location and how this might relate to it. Their thoughts were that could never be built directly on top of this, but that they might be able to put their easement directly adjoining it, so that it could be a -- perhaps a little -- a reduced easement for the roadway facility, recognizing that there was an existing easement for the irrigation facility. So, it would likely be on the easterly side of this imgation facility. Zaremba: So, this proposed building might eventually have street frontage, it's just -- but it's not in the way of where the street would go. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, the Ada -- frontage might be limited at some point and that's something they will definitely need to address as part of the cross-over one. They may still have access to here and it would terminate before connecting into that cross-over facility, because they are going to limit the number of connections to that facility. But from everything we could figure out, this application seemed to be able to move forward, given that it wasn't going to generate a whole lot of high trip count, that it was on the west side of this facility, and that we anticipate the cross-over will be on the east side. Meridian City Council April 17, 2007 Page 31 of 49 Canning: Madam Mayor, once again, I appreciate that staff has been very thorough and I have been unable to stump them again. That being said, I move we close the Public Hearing on VAR 07-005. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor, I move we approve Item 16, VAR 07-005. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no discussion by Council, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: Item 18: Public Hearing: RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: De Weerd: Thank you. Items 17 and 18 are public hearings on AZ 07-002 and RZ 07- 003. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Hartz project. It's located at 1990 Meridian Road, approximately a quarter mile north of Fairview and it's actually two properties. One's already in the city, one's in the county. Therefore, you have an annexation and zoning request and a rezone request before you tonight. The northerly property, as you know, is developed with Hartz Music currently and this would be an expansion of that use. This is the proposed site plan. And what they plan to do -- there are currently two existing structures on the property and the application intends to keep the existing structures and use them as part of an expanded Hartz Music Shop. The area in between the two structures is designated as a tent area and they are not asking for specific approval of that at this time, but it would be used for small outdoor shows and recitals associated with the music shop use. The applicant states that in the future Meridian City Council April 17, 2007 Page 32 of 49 that area might even be enclosed for indoor shows. So, that would be expanded as a permanent structure perhaps in the future as that works. So, there are just two buildings proposed and those are existing. Staff has recommended a development agreement with the application to include the following site specific provisions. One would be that the subject property would be zoned C-C and not C-G, as the applicant has requested, and they have stated that they are not opposed to that zoning. I think I forgot to mention that at the beginning of the description of the project, that they were seeking C-G approval, but staff is recommending C-C. We are also asking for across- access easement to the owner to the south and that's Kendall Hoyd and he's been working with staff on an application of his own, so we anticipate that that property will come in as well to complete this little comer. The hours of operation would be limited from 6:00 a.m. to 10:00 p.m., and that's in recognition of the residential uses just to the east of this use and to the north, as shown here. The detailed site plan -- or a detailed site plan would be submitted with any conditional use or CZC application on the site and it would need to substantially comply with the conceptual plan provided to the city tonight as shown on the overhead. We are also -- the applicant has also agreed that they will limit their access points to Meridian Road just to the northerly points and that they would remove this southerly point when they develop that structure as an office use. Furthermore, they'd have a 25 foot wide landscape buffer along the entire frontage of North Meridian Road and also they'd have a 25 foot wide landscape buffer adjacent to the residential uses. And there is quite a bit of -- there is quite a bit of landscaping within this drain. You can see the natural vegetation. It's not landscaping. Sony. It's natural. That's actually part of this parcel to the south has a little leg that comes up that includes some of that drain. Or that creek. These are the existing houses. The final provision of the DA was that they would also construct a sidewalk along North Meridian Road. The Commission recommended approval at their March 15th, 2007, Public Hearing. Matthew Hartz, the owner and applicant, spoke in favor of the application. No one spoke in opposition or commented. There was no written testimony. And the key issues of discussion by the Commission were the hours of operation for the future outdoor entertainment facility stage. It was a bit premature, but they did talk about that aspect of the applicant's proposal. They didn't make any changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. As I mentioned previously, the applicant is in agreement with the C-C zone that's proposed in the staff report or as indicated in staff report. And we have received no additional written testimony since you received the Planning Commission recommendation. With that I will answer any questions. De Weerd: Any questions from Council? Bird: I have none. Zaremba: Madam Mayor, of course. De Weerd: Mr. Zaremba. Meridian City Council April 17, 2007 Page 33 of 49 Zaremba: Anna, can you go to the aerial view, please. What is this little key hole out of the -- Canning: Sir, I have no idea. Zaremba: Okay. I'll ask the applicant. De Weerd: I'll bet the applicant can probably -- Zaremba: I'll ask the applicant. And, then, my next question on that same plan was going to be -- again, this is future conversation when they talk about coming in for the CUP for the entertainment center, but would you have any idea what the distance from where they might have outdoor speakers to the nearest residence is? It looks like it could be pushing the 300 feet or whatever the ordinance says for outdoor speakers. Canning: This length is close to 200 feet currently. So, if you compare that to the aerial photo, it looks like you would be about 200 -- it would be fairly close. Zaremba: Okay. And that discussion is later for the CUP anyhow. Canning: Yes. And I think the applicant's idea was that, you know, if they could develop the natural drainage way here as an amenity to the site -- I recall they talked about having perhaps weddings out there. I mean we are kind of making it a real place for events and music. I should let the applicant tell you all about that, though. Zaremba: Thank you. I should have asked the question to the applicant, probably. De Weerd: Stealing his thunder. Okay. Any other questions for staff? Borton: Madam Mayor? De Weerd: Yes. Borton: Anna, this access stays, this access goes away, or is that -- Canning: Yes. The northern access stays. The southern access goes away. And they will provide cross-access to this property and this property will only take access from this collector street whose name I don't remember. They don't have direct access to Meridian Road. De Weerd: Is the applicant here? Hartz: Matthew Hartz. 1990 North Meridian Road. De Weerd: Thank you. Meridian City Council April 17, 2007 Page 34 of 49 Hartz: Let's see. As far as that easement, which is -- and it might even be that it is outdated at this point, since I have owned that property since 1997. It was -- it's an old easement for an artesian well that was originally there that because of the demand on the water table ceased to produce any water and so I guess the guys next to me owned that, but it was -- that was -- we -- I tried to -- in '97 or '99 when I initially came before you to do the zoning on the original project, tried to contact the property owner, who is in California, and they said they didn't know and they didn't care and to quit bothering them about it. So, if that makes any -- Rountree: It makes a lot of sense. Hartz: And, then, I'm trying to -- as far as the tented area goes, as we get farther along into the project I think what we are going to do -- and this is why I didn't want to spend another 1,100 dollars on a Conditional Use Permit at this point, is to go ahead and use funds that may be available to go ahead and make a permanent structure. Therefore, the speaker problem won't be a problem anyway, and I have been working in conjunction with the people in the La Playa Subdivision and the James Court Apartments, who they say when they have heard music over there, they like to come out and listen to it anyway, so -- so, that -- the plan is right now is that that will not be a tent, that that will be a new structure and we ran into problems and we wanted to go ahead and join the two parcels, but neither one of the lien holders on either one of those parcels want to do that, so probably what we are going to do is build onto the 1970 building, which is the building to the south and extend that out and make that about that big, which will provide a performance theater for seating for about, you know, a hundred people or so for shows and recitals. But it will be indoors now. We are thinking. Unless I don't want to go through this again and pay another 1,100 bucks for a conditional use to put up a tent that's going to last me about two years anyway. Other questions that you were -- there was -- I think there might have been one other issue that you -- De Weerd: I think outdoor music sounds good. Zaremba: You covered mine. Hartz: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'd ask on the access, this won't be a drive aisle? Hartz: No. Not at all. And that was -- you know, when we initially were looking at it, Mr. Hoyd and I, who bought that property from the south -- on the south from me last year, we were developing that cross-access agreement at the time and we didn't know what we were going to do and I think it was just preliminary stages but that will not be there Meridian City Council April 17, 2007 Page 35 of 49 and we have -- I think the cross-access agreement's already been done. We got it all signed and notarized the other day, so -- Borton: Madam Mayor? De Weerd: Yes. Borton: You mean is that now planned to be landscaping? What are we -- Hartz: You know, he -- actually, he's got landscaping that he wants to put right on the border there, too, so I'm going to do something in conjunction with him right there. Borton: Okay. Hartz: But it's going to be basically separating my deal from his parking lot. Borton: Okay. De Weerd: Any other questions for the applicant? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Okay. This is a Public Hearing on Item 17 and 18. Is there anyone who would like to provide testimony on this application? Okay. Council, seeing no further testimony -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I guess I would ask legal counsel, one, whether it's even necessary or, two, whether it's possible, to declare that artesian easement abandoned through -- it serves no further purpose or - is there a way to clean up that property line? Baird: Madam Mayor, Members of the Council, Councilmember Zaremba, unfortunately, that matter is not before you and it's a private property issue between the two property owners. It would have been nice to have been able to clear it up, it looks like he tried to, and maybe just encourage them to pursue it. But you don't have any power to take any action on that before you tonight. Zaremba: Well, I guess let me ask it -- the question a different way. The zoning will be to the property line regardless of where that easement is; is that correct? So, that easement doesn't really make any difference to the zoning. • Meridian Ciiy Council April 17, 2007 Page 36 of 49 Baird: Madam Mayor, Members of the Council, I -- from looking at the map, I can't even tell if it's an easement. It looks like they took a chunk of the property out. So, it may be on a fee simple. Again, we don't have enough information on that. Maybe the planning director has something that she could add to it, but Ithink -- De Weerd: Ithink the applicant has something he could add. Baird: He may have something to add. Hartz: I tried to address this legally with planning and zoning at the time and what they had told me -- and they showed me a statute -- it was something about seven years and because of adverse possession and that's what I remember, you know. So, if that makes any difference. I don't know if there is something that exists like that, but that was what I was told at that time. Baird: Madam Mayor, Members of the Council, the planning director is putting up the engineer's boundary survey and it indicates that it's -- you're going to zone to exactly those areas and, you know, I think the opportunity's been lost. Zaremba: Thank you. My question was trying to clean it up, but I don't see holding up the project just to make it neater. De Weerd: Anna. Canning: Madam Mayor, I would encourage the applicant to seek inverse condemnation on that property for development of the site. They'll need to talk to an attorney about that, but it looks like it's been used by the applicant as a driveway for a number of years. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we close the Public Hearing on Items 17 and 18, AZ 07-002 and RZ 07-003. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there a need for further discussion? Meridian City Council April 17, 2007 Page 37 of 49 Rountree: I have none. De Weerd: Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. i Zaremba: And I will do them separately. I move that we approve AZ 07-002 with the change that the zoning will be from a county R-1 to a city C-C, Charlie-Charlie, zone. Bird: Second. De Weerd: Okay. A motion and a second. Charlie, do you have anything to say? Rountree: Ditto. De Weerd: Okay. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18. Zaremba: Madam Mayor, I move we approve RZ 07-003, again, with the change that this is a change from an L-O zone to a C-C zone. End of motion. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: MI 07-005 Request for a Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 square feet for Gold's Gym by Josh Wheeler- 3570 North Eagle Road: De Weerd: Thank you. Item 19 is a Public Hearing on MI 07-005. I will open this Public Hearing with staff comments. Meridian City Council April 17, 2007 Page 38 of 49 • Canning: Madam Mayor, Members of the Council, this is a Gold's project. It's -- Gold's Gym. It's on the northeast comer of Ustick and Eagle. It's just right north of the Lowe's building on that site. The application before you tonight is modification to the approved development agreement. The applicant is proposing to amend that development agreement to remove the Conditional Use Permit requirement for site plan review of any structure over 50,000 square feet. So, that -and, instead, they'd like to require design review approval with a certificate of zoning compliance for any structures over 50,000 square feet. So, again, let me reiterate that, because it might get a little confusing. So, the applicant's request is to remove the Conditional Use Permit requirement for any structure over 50,000 square feet and, instead, just substitute the design review requirement for those. The applicant also submitted a site plan and elevations for the proposed Gold's Gym building on this lot. The structure exceeds 50,000 square feet. You can kind of see the Lowe's building on there. It would have, thereafter, triggered the need for this -- for the Conditional Use Permit. So, the proposed Gold's Gym -- there we go -- is on the north end of this. They are doing a -- kind of a short plat on an existing Lot 10 to create several different lots. The Gold's Gym would be one of those. And this is that site layout. Here is the structure. And, then, the proposed parking. The extension of Baldcyprus Road would be on the north. There is another lot over here that would separate it from Allys Way. These are the proposed elevations. Particularly easy to see them in the colored elevations that they have provided. As you will note, the proposed elevations show an attractive building with a lot of windows, modulations of the facade, roof line recesses and projection. Slopped roof with varying roof planes and a combination of textures, materials, and colors. Everything that our modest design review requirements might ask for. As a proposed site plan, as noted -- as shown previously, also shows an eight foot wide pedestrian pathway through the parking lot stretching from the western boundary of the parking area to the building entrance and it shows less than 70 percent of the parking located in front of the building. So, again, those are some requirements of the design review. What staff is recommending tonight is a slight modification to what the applicant requested. We are asking that City Council just outright approve the elevations for the Gold's Gym as presented in detail before you tonight and not require any further design review approval of that structure at staff level. Further, staff recommends that the development agreement be amended to remove the requirement for the conditional use approval of buildings over 50,000 square feet and, instead, just require that all of the structures on the three remaining lots receive design review approval. Now, staffs logic in this, rather just limiting to the 50,000 square feet, is they -- because of its unique location along Eagle and Ustick Roads, which are both entryway comdors, basically, everything in this subdivision has been subject to design review and it just seemed easier going forward to just make the remaining structures in the project subject to design review and -- because they are modest, we are confident that the applicant will meet those requirements and -fairly easily. So, again, it was just to make it more consistent throughout the entire subdivision. We have not received any additional written testimony since the staff report was prepared for Council and to our knowledge there are no outstanding issues before Council. Although I suspect the applicant might be asking to remove some provisions of the -- of the -- well, let's just • Meridian City Council April 17, 2007 Page 39 of 49 • wait and see what the applicant has to say. With that I'll answer any questions Council may have. De Weerd: Okay. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here? Steinbach: My name is Diane Steinbach from CGA Architects, 1185 Grove Street, Boise. De Weerd: Thank you. Steinbach: And I am here representing Josh Wheeler, Gold's Gym. He is the president of Treasure Valley Gold's Gym. And as you can see from -- Anna, if you could scroll back to the elevations. This beautiful building, I will say, from an architectural standpoint, I think offers an esthetic amenity to your community, as well as from a -- oh, member of the community standpoint. It offers a recreational amenity. It's a full use facility. I will keep my comments very limited and I would entertain any questions from an architectural standpoint that I could be qualified to answer. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My question is not from an architectural standpoint, but you heard the staffs comments. Are you particularly concerned with those comments, if that's how we move forward? Steinbach: With the development agreement being modified for site plan review only? I believe that's how we all interpret it and trying to sort of move this through from a design review standpoint. I think we are meeting all of the recommendations, requirements of design review, not only from a site plan, but from a facade, as well as landscape requirements. Did I answer your question? Rountree: And we are going to hear some more. Steinbach: Okay. I think you will be hearing some more. Meridian City Council April 17, 2007 Page 40 of 49 l J Rountree: Yes. Thank you. De Weerd: Okay. Anything else, Council? Bird: I have nothing. De Weerd: Okay. Thank you. Is there any further testimony on this application? Marcheschi: Good evening. De Weerd: Good evening. Marcheschi: My name is Michael Marcheschi at 12601 West Explorer Drive, Suite 200, and I represent Brighton Properties or Brighton Corporation, the owners and developers of Ustick Marketplace, Lowe's, and all the accompanying parcels, the pads out on front, including Lot 10, which recently was approved for short plat and is just now waiting final recordation. We, with Gold's Gym, are in agreement that we'd like to amend the development agreement -- or modify the development agreement to remove the conditional use requirement for structures over 50,000 square feet and replace that with a design review process, which effectively has the same outcome in terms of review. In the original development agreement that was put in place back in I believe 2004, at that time there was not an adequate design review process in place and so City Council made a condition for annexation and new zone of that parcel to have this trigger mechanism for a vehicle to bring it in for some type of review. And at that time the -- threshold of 50,000 square feet was put in place, so that it was really just the large buildings that would really require that kind of use review. Because there are pads and parcels along the entryway corridors adjacent to Eagle and adjacent to Ustick, those parcels are already under the UDC requirement for design review, so our thinking has always been that the modification, which would simply be the same threshold, the 50,000 square feet, but just to have the design review process in place, rather than conditional use. So, we were a little surprised to now have a staff recommendation that we remove any threshold whatsoever on a property that's not adjacent to use Ustick or Eagle, but is actually set back from those streets by both existing and future structures and parking lot. And so our proposal would be to just remove the CUP requirements for that same threshold and replace it with a design review. If we could look at this plat right there, you will see that Gold's Gym is going to occupy the single largest parcel on that -- in the -- of those four and so any structure that will be going up south of there would be smaller than the Gold's Gym that's proposed. So, you know, right now under our existing development agreement there really is no requirements for either CUP or design review for any structure that goes on that property, as long as it's below the 50,000 square feet threshold. So, we -- in talking with Anna, you know, I think that we are agreeable to working with the city to accept the recommendation that we go through a design review process, if we could remove a couple of the design review conditions that they had recommended and those recommendations are found in number three and number four on page four of the staff report, which require the parking lots, that no more than 70 percent of the off-street parking area be located between the front facade Meridian City Council April 17, 2007 Page 41 of 49 of the structure and abutting streets and also that the pedestrian walkways requirement also be removed. When these parcels were originally platted, the original design or the intention for those parcels was that because they are already behind -- were going to be behind the buildings along and adjacent to Eagle Road, that the parking facilities be behind there and if one were to -- can I borrow the pointer? De Weerd: You have one right in front of you. Or you should. Somewhere. Marcheschi: It's hiding. Okay. Gold's Gym is going to go right here and they have allowed for some parking around the back. The other two parcels, if a building were to go in line with that Gold's Gym, you see that there really is no area behind for that parcel to park, nor for that one, and if a -- can you go back to the site plan, Anna, for me? Originally, the Gold's Gym that they proposed -- the site plan they proposed to us, did not have this walkway, nor this walkway here along that edge and by introducing this walkway it effectively removed a row of parking along this edge and they have removed the parking spaces along that edge right there, about 30 spaces here, and an additional nine spaces along this edge. The ECC&Rs for that development with Lowe's require a certain parking ratio and -- which was seven and a half per thousand and they -- in order to alleviate any type of use of the Lowe's parking by anyone going to Gold's or any other proposed use there. And by introducing this walkway now through design review, you can see that the effective ratio has gone down by a full point and so we are going to have to work with Lowe's to try and either amend the ECC&Rs or work that out with them. So, by introducing those walkways on more narrow parcels to the south, you really begin to eat up entire rows of parking, which really limits the opportunity and potential for those parcels. So, I'll take my comments, then, and ask for any questions if you have them. De Weerd: All right. Well, I guess I'd just make a statement. I appreciate them adding the connectivity. You know, parking lots have just been such a problem in the past with connecting the developments together and pedestrians always have this quandary of where on earth do you walk to get from one location to the next and this offers a safe thing. A lot has happened since the Lowe's was proposed and I think what you can see with Gold's Gym, the vision for that area stepped up. You know, I think that's a beautiful building and it has raised the bar and you might see -- and I'm not in retail or anything, but I go off of my own preferences and this will attract people who want to get out and travel and interconnect with the different developments. I think it provides great potential to like type of experiences, so -- and maybe they are actually walking or riding their bikes there on Eagle Road. Rountree: Sure. De Weerd: You know, in my ideal world it would happen. So, anyway, I know that we risk the parking issue for the connectivity and safety for pedestrians, but it's an important aspect to it as well. But just a statement. Council, any questions? Bird: I have none. Meridian City Council April 17, 2007 Page 42 of 49 De Weerd: No? Anything, Anna? Canning: Madam Mayor, Members of the Council, I suspected this was coming and I'm not opposed -- now that we have the connection on this property, I'm not opposed to giving up the pedestrian walkways on the other two. They are fairly narrow and one may be sufficient. If Council doesn't -- if Mayor and Council don't agree, then, that's fine, but -- and with regard to the parking lot, because these are internal properties, I think it's definitely appropriate to not require that. I, actually, thought Sonya was not going to include that in the staff report before it went out, so I'm not opposed to it at all. It was a misunderstanding. De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have got a question for legal. Clarify for me how an outfit comes in with an application asking for A -- I mean to discuss anything other than, you know, up or down on what's requested, are we delving way beyond the actual applications in terms of getting rid of that Conditional Use Permit and going to design review and it sounds like we are now agreeing to apply or not apply UDC provisions. Baird: Madam Mayor, Members of the Council, Councilmember Borton, the way I look at this and suggest that you analyze it is that you have got a condition that they are asking to remove and it's a condition that takes in lots of different factors and when you're taking that away, you have got the whole spectrum of what to replace that with and I think that what staff is doing is saying if you're going to take this one thing away for the CUP requirements, this is what we think would be necessary in order to fulfill the intent of the original condition in the development agreement. So, said another way, I think it's fair game. You open up that agreement. It's up to you to decide how to craft it to meet the original intent and the continued intent. Borton: Madam Mayor? De Weerd: Yes. Borton: And the reason for the question is maybe not it's not necessarily unique to this request, but if you have got an applicant who requests a change and if we say, well, you know, approve that change, but let's tweak these other things to try and make it fit, and the applicant says, well, wait a second now, if those are the way you guys fix it, I don't think I want that, I'm going to withdraw my request. Baird: They can do that. Meridian City Council April 17, 2007 Page 43 of 49 Borton: But what can happen is, you know, we go forward and approve -- you know, approve a request, add on a bunch of strings and, then, it's potentially too late for the applicant to withdraw their request. Baird: Madam Mayor, Members of the Council, Councilmember Borton, I'd hate to speculate on something that's not before you. I think you have got an agreement here. Marcheschi: Is it possible to make a couple more comments? De Weerd: You bet, since he opened up that dialogue. Marcheschi: Okay. It should be noted that the -- that I think all four comers there at Ustick and Eagle have come in for annexation and have been required to go through a conditional use process as well. The property directly to the west of this, Winston Moore's parcel, the Centrepointe Development, also has design review requirements for adjacent parcels along Ustick and Eagle and originally, for their first couple of buildings, they came in for a Conditional Use Permit for Kohl's and for G.I. Joe's, but, then, most - - and, then, recently they came in and asked for a modification of development agreement, similar to what we are doing tonight, which removed that requirement for -- for their buildings that were not adjacent to the public or the corridors. And so, you know, existing right now we have a requirement in place for a CUP for buildings over 50,000 square feet. There is no requirement off of the -- off the corridors for any type of design review or for Conditional Use Permit. Not that we don't want wonderful looking buildings, I mean we have worked with Gold's to produce what you saw tonight. That's what we are looking for on our development. And so in no way is Brighton trying to avoid going through that process. It's only that -- you know, if we are looking at a one to one or if we are bringing up this amendment and we -- or modification and we are looking for some type of a compensatory, you know, substitution, then, our thought is that we should leave in this threshold of 50,000 square feet, just the way it is right now. That was a condition put in place in the original agreements and removing that right now doesn't really change the intent, because, like I said, there is not going to be anything over 50,000 square feet going in there anyway with this Gold's Gym going in. Anything else that goes in there will be less than 50,000, probably. So, again, I think that we are open to having -- you know, to supporting staffs recommendation, minus those two design review conditions. It should also be noted that the applicant is making this application for more than just the Gold's Gym and so it needs to be taken into consideration that Brighton properties is still owner of the majority of the parcels there and that Brighton properties would have final say, essentially, before the applicant signed a development agreement with the city. De Weerd: I guess I would just reiterate there is a lot that has happened since this application came through and what the comers have been asked to do is even provide elevations what their vision of that area was and even what happened on the comer west of yours is when he came in and listed those CUPs, he provided us details on materials, accents, he showed us differing connectivity and even some amenities that that he was doing to try and interconnect his development. So, you could see the vision i~ Meridian City Council April 17, 2007 Page 44 of 49 of how it flowed. And I guess I don't see that staff is asking anything that we haven't asked of all the other comers in that area, but, again, things have changed from when you first stepped in the door and I think this application is symbolic of that and I congratulate you for that. What you have done in working with Gold's in producing that elevation, it really is -- I understand why the architect stood up there and was very proud of that. But I think, again, that lends to the stepping up and just asking that there continues to be a comfort for that area and what it builds out to look like. Marcheschi: Right now the UDC requirement in a commercial district or commercial zone is a threshold of 200,000 square feet. Is that correct, Anna? Canning: Yes. Marcheschi: So, what we are actually proposing is to put a design adjacent property in a C-G zone that under the UDC wouldn't be required. my comments. De Weerd: Thank you. Marcheschi: Thank you. De Weerd: Okay. Is there any further testimony on this application? applicant like any final remarks? Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I hear a motion to close the Public Hearing? review on off So, I'll leave Would the Rountree: Madam Mayor, I move that we close the Public Hearing on Item No. 19. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 17, 2007 Page 45 of 49 Rountree: I move that we approve the request in Item 19, MI 07-005, subject to inclusion of all the staff comments, with the exception of staff report conditions three and four with respect to parking and pedestrian aspects within the public parking areas. Borton: Second. De Weerd: Okay. Thank you. I have a motion and a second to approve Item 19. Is there discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Ordinance No. 07-1309: New Sewer Pretreatment Ordinance: Item 21: Ordinance No. 07-1310: 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: De Weerd: Okay. Thank you. Items 20 and 21 are ordinances numbers 07-1309 and 07-1310. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1309, an ordinance of the City of Meridian repealing Title 9, Chapter 2, Sewer Pretreatment of Meridian City Code, enacting a new Title 9, Chapter 2, Sewer Pretreatment of Meridian City Code, providing for general provisions, general sewer use requirements, pretreatment of wastewater, wastewater discharge, permit application, wastewater discharge permit issuance, process, additional reporting requirements, compliance monitoring, confidential information, publication of users in significant noncompliance, administrative enforcement remedies, judicial enforcement remedies, supplemental enforcement action, affirmative defenses to discharge violations, wastewater treatment rates, miscellaneous provision, providing for an effective -- of validity, providing a savings clause and providing that all ordinances, resolutions, and conflicts are repealed and rescinded and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing for an effective date. Berg: Ordinance 07-1310. An ordinance for annexation of property being in the north 500 feet of the east one half of the southeast one quarter of the southeast one quarter of Section 30, Township 3 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 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 Meridian City Council April 17, 2007 Page 46 of 49 providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I would move we approve Ordinance 07-1309 and Ordinance 07- 1310, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 20 and 21. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Discussion of Setting the Date, Time, and Location of the City's Budget Hearing (Tuesday, August 28, 2007): De Weerd: Item 22 is discussion of setting a date, time and location of the city's budget hearing. Mr. Berg. Berg: Thank you, Madam Mayor. As required by state statute we need to notify the county clerk before April 30th of when we will hold our Public Hearing for our budget for to 2008-2009 fiscal year. So, this is to make that notification, make sure you have it on your calendar. The proposal by the finance department was Tuesday, August 28, in their budget schedule. So, I just need to make sure that is still on board. If you want to have a special meeting at 6:30, rather than 7:00 o'clock, if you want to make sure nothing else is on the agenda, or pretty limited or any other conditions you may instruct me to do when that date starts approaching, but I do need to notify the county clerk date, time of that budget hearing. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: August 28th, 6:30. And as little agenda as we can have. That isn't absolutely necessary would be my preference. • Meridian City Council April 17, 2007 Page 47 of 49 De Weerd: Okay. Any other comments? Rountree: Just a point of clarification. That date -- that hearing would be it for the evening or would we have a regular Council meeting following? Berg: Madam Mayor, Members of the Council, Councilman Rountree, whatever you prefer. It is the fourth Tuesday of the month, I believe, so it is a regular meeting, but we could do whatever you wish, as long as we know ahead of time and we can arrange public hearings or any other items on the agenda and limit it to whatever you may decide. Rountree: I think in the past a half an hour has probably been plenty of time, but if we have a regular scheduled meeting at 7:00 o'clock, that gives us a half hour leeway, which is probably plenty. 6:00 is better. Bird: I don't care. We can start, you know, earlier, but -- and I don't think we need to fill up the agenda with much other stuff. I think at least an hour. Berg: Madam Mayor, if I can get some clarification. You don't want the regular meeting afterwards? Rountree: Well, yeah, I think we probably need to. Berg: And keep it kind of limited, too? Bird: Yeah. Berg: And, then, just have the hour budget hearing on a special meeting. Borton: As long as it's fairly limited. Really limited. Berg: I will make note of the really limited. Really limited. And we will notify the county at 6:00 o'clock on Tuesday, the 28th of August. De Weerd: Mr. Berg, if you also refresh our memory on when the workshops are in July. Berg: Madam Mayor, they are in July. I did get a couple of a-mails from a couple Councilmen with their vacation schedules and relayed that, so I'm sure that's going to be maybe rearranged, but we will get that out right away. I will talk to Stacy tomorrow. They are set. I want to make sure they are A-OK. De Weerd: Okay. Well, I hope you have my schedule, too, because I scheduled around that. Meridian City Council April 17, 2007 Page 48 of 49 Bird: I did, too, Tammy. Item 23: Executive Session: Idaho State Code 67-2345(1)(c). (fl. De Weerd: So --okay. Well, August 28th, 6:00 o'clock. You can notify Ada County . location? I -- no. Okay. Council, with that determined let's -- I don't need a motion on the -- okay. Item 23 is an Executive Session per Idaho State Code 67-2345(1)(c) and (~• Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(~• Rountree: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. De Weerd: Okay, motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. • Meridian City Council April 17, 2007 Page 49 of 49 MEETING ADJOURNED AT 10:53 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TAM D WEERD ~/ `~/~7 DATE APPROVED ,~~~"~t'"~~~'''°6°,, ATTESTED: it,(.L~ WILLIAM G. BERG J , C ~, °~~ ~; v~ ~® „, ~ s ~~~~aL ~~ ~ e /~°10°1rrrrrt uiia6~~e°'~gj April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of March 20, 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 property of the Cffy of Meridian. i ~ April 13, 2007 PP 06-060 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Gemstar Development ITEM NO. 5-B REQUEST Findings for Approval -- Request for Preliminary Plat approval of 30 single family building lots, 3 common lots and 1 other lot on 10.57 acres in a proposed R-8 zone for Sundial Subdivision -south of Ustick Road and west of Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ^~ SANITARY SERVICE COMPANY ~~ /~ 1 CENTRAL DISTRICT HEALTH: V ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: `~ d ~ Phone: ~~~ U ~ ~ ~ Q~ s ~ ~ Staff Initials: Materials presented at pubNc meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 1,1.,7 €~trv r~~ ~~ A 17 ~ ~ ~~ _„,~ ~r y~ 6, ~ ,~.~~ ~~ - In the Matter of Preliminary Plat approval of 28 Ingle-family residential building lots, 3 common lots and 1 other lot, by Gemstar Development. Case No(s). PP-06-060 For the City Council Hearing Date of: March 20, 2007 (Continued to Apri13, 2007 and Findings on the Apri117, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 20, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 20, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 20, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 20, 2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-060 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 20, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 1/18/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 20, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-060 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 March 20, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-060 i By action of the City Council at its regular meeting held on the ~ ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~ COUNCIL MEMBER JOE BORTON VOTED--~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~-~ ~" ~~ \\M~,Y ~~""~"' ' ,®~A~de WEERD ATTEST: ,~\ G®~ ,gyp ~' ~~' °°°-, ,~ ~`0 ~~~,~ ~ _ WILLIAM G. BERG, JR., L~ ~ ~~~ 9~~ ~ tea`' 0 °° ~$ ~~ a° Copy served upon: ~ Applicant ~~`'0''-+v~,~a7,1++~ae~°`', /~ Planning Department /' Public Works Department ~~ City Attorney By: City Clerk's Office Dated: 4'"-SS_G 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-060 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20, 2007 STAFF REPORT Hearing Date: 3/20/2007 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner 208-884-5533 SUBJECT: Sundial Subdivision t :~ ~~~ -_~~ `.z, r~ LL'~ ~~ q u~~~o ~, '~°~~- _ `~~~rv;~ PP-06-060 Preliminary Plat of 28 Ingle-family residential building lots, 3 common lots and 1 other lot, in the proposed R-8 zone, by Gemstar Development. NOTE: This is a revised staff report. Various changes have been made from the original staff report that was prepared for the December 21, 2006 Planning Commission hearing. One of the more significant changes is the applicant's request to withdraw the rezone application (received by email on January 30, 2007) associated with this development. This request is based on the discovery of a development agreement for this property that did not support the formerly requested rezone from R-4 to R-8. Due to this request various other changes have been made, such as, a reduction in the number of buildable lots (from 30 to 28), minimum and average lot sizes, and minimum and average lot frontage. This staff report reflects the revised submitted preliminary plat. To avoid any confusion, all previous references to the formerly requested rezone (R~06-011) have been removed from the report. 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gemstar Development, has applied for preliminary plat approval of 28 single- family residential building lots, 3 common lots and 1 other lot (Lot 22, Block 2, cell tower site - to be re-developed in the future) in the existing R-4 zone. The site is located approximately 1/ of a mile south of Ustick Road and %z of a mile east of Ten Mile Road, adjacent to Turtle Creek Subdivision. The site is currently vacant except fora 150-foot tall cell tower and associated structures that will remain on the property. The subject property is located within the Urban Service Planning Area and the corporate boundaries of the city. 2. SiJNIlVIARY RECOMMENDATION The subject application (PP) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Preliminary Plat application. Staff is recommending approval of the proposed Sundial Subdivision (PP-06- 060) with the conditions listed in Ezhibit B of the Staff Report. The Meridian Planning and ZOIIIng Commission heard this item on December 21, 2006 and February 15, 2007. At the February 15, 2007 public hearing the Commission moved to recommend approval. a. Summary of Commission Public Hearin i. In favor• Scott Noriyula_ (The following signed in favor but did not provide verbal testimony: Michael McHarigue) ii. In opposition• Bill Johnson Ron Whiting Shawn Josi, Elaine Josi Meredith Huebschmann, Doyle Christensen, Lucille Fretwell, Jeff Coe (The following signed in opposition but did not provide verbal testimony: Kira Stigle. Scott Looney Amber Looney Kevin Sorenson Gerald Dow, Kathryn Dow, Deborah Long Anita Long Paul Dye, Alan Balcei Dr Tallfev Ramon Sundial Subdivision PP-06-060 PAGE 1 CITY OF MERIDIAN PL?sVNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MARCH 20, 2007 Arrow. Chuck Ceceseere. Jina Prim, Patsy Sady, Mathew Friend, Ronaa Masgrove, Bradley Lloyd, Ken Kinzel) iii. Commenting: James Hall, Ronald Herr, Michael Huebschmann iv. Written testimony: Gerald Dow, Kathryn Dow, Doyle Christensen, Tumble Creek Board of Directors, and two petitions expressing concerns signed by over 100 people v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: Mike Cole b. Kev Issues of Discussion by Commission: i. -The proposed pressurized irrigation system ii. -How the proposed subdivision will integrate into the surrounding neighborhoods c. Kev Commission Changes to Staff Recommendation: i. -Specifically required an HOA to be formed for this proiect d. Outstanding Issue(s) for City Council: i. -None ~_ Summary of i Counc'1 Public Hea 'n¢: i. In favor: Susan Wildwood, Scot Norivuki ii. onnosition: None iii. Commenting: Michael Huebschmann. John Schafer iv. Written testimony: None v. Staff presenting application• C Caleb Hood vi. Other staff commenting on application: None ]Z, ~Y Iss sec of Discussinn by ounc'1: i. None ~_ ~y ounc'1 hanger to Commission Recommendation: i. on 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06- 060 as presented in staff report for the hearing date of March 20, 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- 060 as presented during the public hearing on March 20, 2007 for the following reasons: (You should state specific reasons for denial of the plat.) Continuance I move to continue File Number PP-06-060 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: South of Ustick Road, west of Linder Road, Parcel #S 1202131240, in Sundial Subdivision PP-06-060 PAGE 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20, 2007 Section 2, Township 3 North, Range 1 West. b. Owner: Virginia J. Ross Anna Beth Ernest 3508 Jade Ave. & 312 S. Columbia Center Blvd. #69 Bakersfield, CA 93306 Kennewick, WA 99336 Kathy Kisler Gary Ernest 1197 W. Providence Rd. & 2718 24`" Ave. Warden, WA 98857 Olympia, WA 98501 c. Applicant: Gemstar Development, LLC. 738 South Bridgeway Place Suite A100 Eagle, ID 83616 d. Representative: Susan Wildwood, Chartered e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting Preliminary Plat approval of 28 single-family buildable lots, 3 common lots and 1 other lot on 10.57 acres in an R-4 zone. All of the homes within the development are proposed to be single-family detached. The average residential lot size in the proposed development is 9,265 square feet (excluding the large 2.77 acre lot that will retain the existing cell tower). The total gross density of the project, including the large lot that retains the cell tower, is 2.64 dwelling units per acre. Excluding the large lot (which will most likely be redeveloped in the future) the density is 3.58 dwelling units per acre. Approximately 0.53 acres (5 %) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 1/18/07 (Revised) 2. Date of landscape plan (attached in Exhibit A): 1/15/07 (Revised) 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 4~' and December 18~', 2006 (Planning Commission); February 26a' and March 12a', 2007 (City Councill c. Radius notices mailed to properties within 300 feet on: November 22~', 2006 (Planning Commission); February 23`d. 2007 (City Council) d. Applicant posted notice on site by: December 11~`, 2006 (Planning Commission); March 10~, 2007 (City Councill 6. LAND USE Sundial Subdivision PP-06-060 PAGE 3 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARIIQG DATE OF MARCH 20, 2007 a. Existing Land Use(s): This site is currently vacant except fora 150-foot tall cell tower that is located in the center of the proposed Lot 22, Block 2. The cell tower is to remain on the property. b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by single family residential development. The proposed project is considered infill and, if approved, will be similar to the surrounding residential uses. c. Adjacent Land Use and Zoning: 1. North: Single family homes, Tumble Creek Subdivision, zoned R-4 2. South: Single family homes, Turtle Creek Subdivision, zoned R-4 3. East: Single family homes, Turtle Creek Subdivision, zoned R-4 4. West: Single family homes, Field Stone Meadows Subdivision, zoned R-4 d. History of Previous Actions: In 1994 the subject property was annexed and zoned to R-4 as part of the Turtle Creek Subdivision. At that time the subject property received preliminary plat approval for 401ots as part of the Turtle Creek Preliminary Plat. These 401ots were originally designed to be phase four of the Turtle Creek Subdivision. For various reasons, including the cell tower that was approved prior to the annexation of this property through Ada County, and other reasons which are unknown, this phase of Turtle Creek was never developed and this land has been vacant, except for the cell tower, for numerous years. Also, in 1994 at the time of annexation of the subject property a development agreement was entered into for this area (instrument #94108841) that contained the following development restrictions: 1) The property shall have lot sizes of at least 8,000 square feet and no duplex units, townhomes, or patio homes can be constructed on the property; 2) That there shall be no change to increase the number of lots or reduce the size of the lots as shown in the preliminary plat that was submitted with the request for annexation, zoning, and preliminary plat approval; 3) Only single family houses can be constructed on this property and said houses shall have a minimum 1,400 square feet of living area excluding the garage. Due to the length of time that has passed and the changes from the original design that are necessary to develop this land, the current applicant has submitted a new preliminary plat (the subject revised application) for this property. Although the preliminary plat is new, the development agreement provisions tied to the annexation of the subject property are still in effect. The first application submitted by the applicant (which included the formerly requested rezone) did not conform to these development agreement provisions. Now, with the revised preliminary plat (which shows a reduction to the number of lots and an increase to the lot sizes to a minimum of 8,000 square feet) and the withdrawal of the request to rezone the property to R-8, staff believes the revised preliminary plat generally confirms to the development agreement provisions that are in effect for this property. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in streets stubbed to this property. Location of water: There is currently water in streets stubbed to this property. Issues or concerns: Getting sewer and water mains to parcel #1202244230. 2. Canals/Ditches Irrigation: N/A 3. Hazards: There is an existing 150 foot tall cell tower located on this site. UDC 11-4- 3.44 specifically discusses the need to avoid potential damage to adjacent properties Sundial Subdivision PP-06-060 PAGE 4 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH Z0, 2007 from the structural failure of towers and other such structures. The Police and Fire Departments have also raised concerns about safety surrounding the subject tower. Section 10 of this report describes the measures that should be taken to mitigate this hazard. 4. Proposed Zoning: N/A 5. Size of Property: 10.57 acres f. Subdivision Plat Information: 1. Residential Lots: 28 2. Non-residential Lots: 0 3. Total Building Lots: 28 4. Common Lots: 3 5. Other Lots: 1 (Lot 22, Block 2, cell tower site - to be re-developed in the future) 6. Total Lots: 32 7. Gross Density: 2.64 units per acre total (3.58 units per acre excluding the cell tower lot/site) 8. Minimum House Size: 1,400 square feet g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.53 acres/5% 4. Other landscaping standards: All micro path landscaping should be designed in accordance with UDC 11-3B-12 h. Amenities: The applicant is proposing a picnic and barbeque area, volleyball and horseshoe pits, and one micro pathway (see applicant's narrative for a more detailed description of amenities.) i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public streets, Fieldstream Drive and Marburg Drive within this development. Both of these streets currently exist within the Turtle Creek Subdivision and the applicant is proposing to extend them into the site. The applicant is also proposing to complete their portion of the street section (curb, gutter, sidewalk, and some pavement) of Kubik Drive which is a partially completed street at the northeast corner of the development. One stub street is also proposed to the 2. fl acre Bledsoe property (parcel #S 1202244230) to the west. All of the internal streets are local streets with 36-feet wide street sections with rolled curb, gutter and 5-foot wide attached sidewalks. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On December 1, 2006, a joint agency and departments meeting was held with service providers in this area. NOTE: Staff also brought the revised plat to the comments meeting on January 26, 2007 Sundial Subdivision PP-06-060 PAGE 5 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MARCH 20, 2007 for comment. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 28 single-family lots on 10.57 acres for a total gross density of 2.64 dwelling units/acre. However, the total gross density calculation of 2.64 dwelling unit/acre, includes Lot 22, Block 2 (the large lot that contains the existing cell tower). The applicant intends to redevelop Lot 22, Block 2, with residential homes in the future. If the cell tower lot is removed from the density calculation the density of the project increases to 3.58 dwelling units/acre. Staff believes that the 3.58 dwelling units/acre is a more accurate measurement of density for this project because the large cell tower lot will most likely redevelop in the future. For this reason, staff considers this project to be generally compliant with the recommended density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. • The lands are serviced by the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. Sundial Subdivision PP-06-060 PAGE 6 CITY OF MERIDIAN PLANNINEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 20, 2007 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 extend two existing stub streets that are provided to this property from the Turtle Creek Subdivision to the east and south. The applicant is also proposing to complete a partially constructed street that feeds into the proposed subdivision and provide a stub street to the two acre parcel to the west. Sta, ff believes that proposed street system enhances connectivity in this area. 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 attached sidewalks along all of the proposed streets in the subdivision. Furthermore, the applicant is proposing to construct a micro pathway connection to the future phase 2 of this project. The proposed sidewalks and pathway will enhance pedestrian connectivity in 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 above. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the existing single family residential properties to the north, south, east and west, are compatible with the proposed development. 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 development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Sundial Subdivision PP-06-060 PAGE 7 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARIN~DATE OF MARCH 20, 2007 Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: UDC 11-3G-3A1 requires at least 5% of the total land area to be set aside for common open space in single-family developments. The applicant should provide 5 % (0.53 acres) open space as proposed. Landscaping: The landscape plan prepared by The Land Group, Inc. on 1/15/07, is approved with the following modifications/notes: • Landscaping adjacent to the proposed micro path should be designed in accordance with UDC 11-3B-12. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access/Stub Streets: The applicant should be required to tie into the existing stub streets W. Fieldstream Drive and N. Marburg Drive as proposed. The applicant should also be required to fully complete the partially constructed N. Kubick Drive as proposed. Furthermore, Staff believes that the stub street proposed to the 2.1 acre Bledsoe property (parcel #S1202244230) to the west should be shifted to the north a minimum often feet. This change will avoid creating a double fronted lot in the Fieldstone Meadows subdivision to the southwest, when the stub street is extended in the future. Cell Tower/Existing Buildings: There is currently a 150-foot tall cell tower and associated maintenance buildings located in the middle of the proposed Lot 22, Block 2 of this subdivision. UDC 11-4-3.44 describes the specific standards for wireless communication facilities (cell towers). The majority of the standards described in this section of the UDC are intended for new wireless communication facilities. Due to the fact that the facility on this site was approved through Ada County, and has been in Sundial Subdivision PP-06-060 PAGE g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 20, 2007 place for a number of years, staff believes it would be unreasonable to subject the existing cell tower to all of the current standards (it appears to be non-conforming). With that said, staff does believe that the setback standards as described in the UDC should be applied to this development because they directly relate to the safety of the proposed homes in this subdivision. There are two main setback standards for wireless communication facilities described in UDC 11-4-3.44I. First, "If the property is located next to a residential district, the setback requirements shall be one hundred twenty-five percent (125%) of the height of the tower". The cell tower on this site is approximately 150 feet tall (as reported by the applicant). Using the 125% setback rule described above all homes in the proposed subdivision should be a minimum of 185 feet from the cell tower or no lot should be within 170 feet of the cell tower (185 feet minus the required 15 foot rear setback in the R-4 zone). Second, "Communication towers must be set back from all public owned right-of--way by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance." Using the 150 foot height of the cell tower, no public street should be allowed within 300 feet of the base of the cell tower. The preliminary plat submitted by the applicant appears to meet both of these requirements. A note should be placed on the face of the final plat that clearly states these setback requirements. Furthermore, in the agency comments meeting for this project, held on December 1, 2006, both the Police and Fire Departments expressed concerns over the maintenance and safety of the area directly surrounding the cell tower site. The Fire Department was specifically concerned with the weeds and debris that has historically accumulated on this site. While the proposed development will help to cover and maintain much of area, there will still be 2.77 acres of undeveloped land remaining. This undeveloped land azound the cell tower should be maintained weed free and cleaz of any debris. 1Fencing: Due to the surrounding homes, a majority of the perimeter of this site is currently fenced. Staff recommends that the applicant discuss any additional perimeter fencing plans they may have, at the public hearing. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /mufti-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common azeas should be the responsibility of the Sundial Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC canals, exclusive of any natural waterway, being subdivided should be covered. 11-3A-6 all irrigation ditches, laterals or that intersect, cross or lie within the area Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment Sundial Subdivision PP-06-060 PAGE 9 CITY OF MERIDIAN PLANNING. ARTMENT STAFF REPORT FOR THE HE~DATE OF MARCH 20, 2007 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. b. Staff Recommendation: Staff recommends approval of the proposed Sundial Subdivision (PP-06-060) with the conditions listed in Ezhibit B of the Staff Report. 1'he Meridian Planning and Zoning Commission heard this item on December 21, 2006 and February 15, 2007. At the February 15, 2007 public hearing the Commission moved to recommend approval. The Meridian Citv Council heard these items on March 20. and April 3 2007 At the public hearine they approved the subiect Preliminary Plat re nest. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1/18/07, Revised) 2. Landscape Plan (dated: 1/15/07, Revised) 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 C. Legal Description D. Required Findings from Unified Development Code Sundial Subdivision PP-06-060 PAGE Q CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~DATE OF MARCH 20, 2007 d ~~ ~~ 4 '~ ~3 . , ~e ~~ ~~ ~ ~~ a ' -~ w i ~~ Exhibit A -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 20, 2007 2. Landscape Plan (dated: 1/15/07, Revised) F ~~ 0~~d ~ ~' NVIo1213W ~ I I&~~g b m e a.a g Nt/ld 3d1~~St]Ndl 1H~d32id ~ ® F `- ~; ~~Cg drti% NOISIA1O8f1Slb+IaNf1S ~~~ ~~~'~ ~ e¢I~s ~~~:~'a ~~ a ~J ... oy ~~~~~sy 0 a~~~ ~s i sx ~~ ~ i m ---==~~ `~~, ~ -~ - I i ! ~ • ~ a m ; ~ t . `- '7 °- -- ~ r, ~ ~~`' _ fi;-_ c ~ ; ii% ~ ` c6 ~ =z ~ %x ~~ ~~~ ,\ ~ ~~ \ 1 ' ~ ~.~ ~ k ° i + ~ ~ m J ; j 1 m f ~~ I 1 i ~~ ~ ~ m _-_-'--. '~ ~I I ~ I 1 } 0 ; ~` j~ l i, a ~_ h ~~ ~~t ~i~',-- ~ ` ~ ~- ~~~'~ ~ ~ ` 1k ~~ i, 1 ~ P.~ ya ~ \;\ ' ` , ~~` °. ~ ~ ~ ~ ~\;~ ~ \ m m ;' %, d \ ~ O \\ /\\ ~ ~ `\\ / ' \~~ ti ~` ~ ~~ ~ ~ j ~~ i ~ ~ J/ ~ l \~~ .J i ~'~ u s ~- ,, i~ i~ N ~ ~ m m r ~ ~ Y~ m ~ ° ~ / a } \ a ~t . ~_~ ~. P ti Ptv~~, ~ c ~~` ~~ a N ~I mss'./ '~'4 ~\\ N ~ I ~ o ~ P~ J~ ~`~ ,,\\ ~ ' m I ~I ~ ~ ~ i ~ ~ ~ tt'~N ! ~~ 4 \ I~ _-- -- g ~ ' ~ ~ -- `' ~/ _ ,'/~ ~ ~ ~ I N ~ t0 row worviaens SfA0W3cY 3w015Q13~J Exhibit A -Page 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20, 2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT (PP-06-060) 1.1.1 The preliminary plat plan labeled Sheet No. 1 of 1, prepared by Stanley Consultants, Inc., dated 1/18/07 (Revised), is approved, with the conditions listed herein. 1.1.2 Lot 22, Block 2, shall be maintained weed free and clear of any junk or debris until such time that this lot develops. 1.1.3 The landscape plan prepared by The Land Group, Inc. dated 1/15/07 (Revised) is approved with the following modifications/notes: • Landscaping adjacent to the proposed micro path in Lot 8, Block 2, shall be designed in accordance with UDC 11-3B-12. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Ekoy 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. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.1.4 Provide 5 % (0.53 acres) open space as proposed. 1.1.5 Provide a public stub street, designed to ACHD standards, to the 2.1 acre Bledsoe property (parcel #S 1202244230) to the west. The southern extent of the right of way for the stub street shall be located a minimum of ten feet from the Bledsoe properties (parcel #S 1202244230) southern boundary; move the stub street to the north at least 10 feet. 1.1.6 Place a note on the face of the final plat clearly stating that all buildable lots in the proposed subdivision shall be a minimum of 170 feet from the base of the existing cell tower. 1.1.7 All public streets shall be a minimum of 300 feet from the base of the existing cell tower. 1.1.8 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.7 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. 1.2.8 A home owners association shall be established as part of this subdivision. Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 20, 2007 1.2.9 Maintenance of all common areas shall be the responsibility of the Sundial Subdivision Home Owners' Association. 1.2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-060) 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 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. 1.3.6 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 of mains stubbed to this 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 stubbed to this property. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MARCH 20, 2007 main size and routing with Public Works. 2.3 The applicant shall extend sewer and water mains to parcel # 1202244230 in the right-of--way being required by the Planning Department. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has indicated that they wish to use municipal water for their primary source for the pressurized irrigation system. The applicant must prove they have no rights from an existing irrigation district and if so then they must pay Well Development Fees as determined by the City Engineer. 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "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 evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.9 With the final plat the applicant shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines. Z.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEADATE OF MARCH 20, 2007 be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" 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'. Exhibit B -Page 4 CITY OF MERIDIAN PLANNIN~ PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARC H 20, 2007 f. Fire hydrants shall be place 18" above fmish 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. 3.4 Insure that all yet undeveloped parcels are maintained free of combustible vegetation (grass, weeds, etc.) 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The Fire Department has safety concerns about site security for the existing cell tower and guide wires. 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Adequate lighting shall be provided along all micro paths and pathways. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1.1 Construct a stub street to the 2-acre property to the west, allowing for the potential for future redevelopment. This stub should be constructed as a minimum 29-foot street section, within 42- feet ofright-of--way; and signage should be installed at the terminus stating: "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." If the applicant uses a substandard street section, fire department approval will be required, and parking restrictions maybe levied. If the stub street is greater than 150-feet in length, then a temporary turnaround should be constructed at the terminus until such time that a connection is made to the adjacent parcel. 7.1.2 Extend Marburg Street to the north to tie into the intersection of Kubik Street and Fieldstream Drive (continued as Fieldstream Drive). The applicant should construct this internal street as a 36-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalk; within 50- feet ofright-of--way, as proposed Exhibit B -Page 5 CITY OF MERIDIAN PLANNIN~ PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20, 2007 7.1.3 Construct any of the site's public street frontages (Whitelaw Drive, Kubik Street, or Cinnamon Street) as completed street sections with pavement widening (if necessary), curb, gutter, and concrete sidewalk; within the right-of--way, per District policy requirements. 7.1.4 Construct a stub street to the open space portion of the parcel (where the cell tower is currently located) to facilitate the development of phase #2. Design the intersection as a T-type; with signage at the terminus stating: "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide access beyond the terminus of this stub street (to phase #2) until such time that the cell tower is removed and the street is extended. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B -Page 6 CITY OF MERIDIAN PLANNING ~ TMENT STAFF REPORT FOR THE HEDATE OF MARCH 20, 2007 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. S. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 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. Exhibit B -Page 7 CITY OF MERIDIAN PLANNIN• PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20 2007 C. Legal Description DESCRIPTION FOR SUNDIAL SUBDIVISION OCTOBER 16, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW '/ OF THE NE'/ OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE'/ (NORTH'/< CORNER) OF SECTION 2, T.3 N., R.1 W., B.M., THENCE S 00°15'25" W 1367.80 FEET TO THE NORTHWEST CORNER OF THE SW % OF THE NE % OF SAID SECTION 2, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°17'36" E 706..76 FEET ALONG THE NORTH LINE OF SAID SW %d OF THE NE'/< TO THE NORTHWEST CORNER OF TURTLE CREEK SUBDIVISION NO. 3; ALONG THE BOUNDARIES OF TURTLE CREEK SUBDIVISION N0.3 AND NO.2 THE FOLLOWING: THENCE S 00°20'16" E 105.02 FEET TO A POINT; THENCE S 89°17'39° E 55.66 FEET TO A POINT; THENCE S 03°20'08° E 50.15 FEET TO A POINT; THENCE S 00°42'24" W 66.71 FEET TO A POINT; THENCE S 60°40'50" W 81.15 FEET TO A POINT; THENCE S 39°15'15° E 110.00 FEET TO A POINT; THENCE S 50°44'45° W 36.34 FEET TO A POINT ON A CURVE; THENCE 17.45 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A DELTA ANGLE OF 49°59'06°, A TANGENT OF 9.32 FEET AND A CHORD BEARINGS 75°44'36" W 16.90 FEET TO A POINT OF REVERSED CURVATURE; THENCE 150.91 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 172°56'06", A 19708-SUB Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20, 2007 TANGENT OF 809.95 FEETAND A CHORD BEARINGS 07°09'55" W 99.81 FEET TO A POINT ON A CURVE; THENCE S 03°15'15" E 122.91 FEET TO A POINT; THENCE S 50°44'45° W 43,74 FEET TO A POINT; THENCE N 39°17'14" W 71.81 FEET TO A POINT; THENCE S 50°44'45" W 105.00 FEET TO A POINT; THENCE N 39°15'15" W 30.18 FEET TO A POINT ON A CURVE; THENCE 166.49 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 52.16 FEET, A DELTA ANGLE OF 182°52'56", A TANGENT OF 2073.34 FEET AND A CHORD BEARING N 89°29'17" W 104.29 FEET TO A POINT OF REVERSED CURVATURE; THENCE 18.04 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20,00 FEET, A DELTA ANGLE OF 51 °40'30°, A TANGENT OF 9.68 FEET AND A CHORD BEARINGS 24°54'30° W 17.43 FEET TO A POINT OF TANGENCY; THENCE S 50°44'45" W 74.27 FEET TO A POINT; THENCE N 39°15'15" W 110.00 FEET TO A POINT; B~i ~{4P~F RovAL THENCE 5 50°44'45° W 2821 FEET TO A POINT; SGT f/~ Zi~'; THENCE S 13°35'36° W 70.97 FEET TO A POINT; MERIDIAN PUBLIC WORKS 6EPT. THENCE N 89°50'17" W 155.00 FEET TO A POINT; THENCE S 00°15'25° W 12.33 FEET TO A POINT; THENCE N 89°12'32° W 105.00 FEET TO A POINT ON THE WEST LINE OF SAID SW'/ OF THE NE'/<; LEAVING THE BOUNDARIES OF TURTLE CREEK SUBDIVISION N0.3 AND N0.2: THENCE N 00°15'25" E 694.15 FEET TO THE REAL PAINT OF BEGINNING OF THIS DESCRIPTION. THIS PARCEL CONTAINS 10.57 ACRES, MORE OR LESS. 19708-SUB Exhibit C -Page 2 CITY OF MERIDIAN PLANNINGARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 20 2007 5 89'74'41° E 2643.29' 35 36 ~ N 1/4 CORNER ~~~ carr ND.a7zs1e4 W. USTICK RD. 2 1 N~TM~ c 7 ~ "'1!.. sECnaN z, r/~. Rtw., 9.u. ` ~''7:.~ CPhF N0. 88117242 T ~ MERIDIAN PUBLIC ~ WORKS DEPT. o z n }.~ a ~ r '° n z G~~F.aO;S °o ~ eVE S\p~ 7 N /~gW W ~C11IXJ 2R/4 SJ O\~ 5 00'20"18' E 105.02' I S 89'17'39' E I 55.68' 5 0320'08' E --r 50.15' inl S 00'42'24° W ~ 68.71' ~S ~I yon y Sg0 0>> + Np'S a o ~ z I 466,092 sq.k. 1 Gf a q~'~p \`~ 'N R w z 0.75 ocres JgO io . S o~ I ~ ° S I o ~ p^, `S 50'44'45° W ~ W 36.34' !~ Ici uIl TI O Z~ S 50'44'45• W I 28.21' C-3 I S 00'1525° W '~i~0 C-4 ~ 12.33' ~~o Rp5 N 39'15 N 89'1232" W N B 5001' W S 13'35`36" Wc'yp~R.y'1 30.1 tos.oD' 70.97' G~~F, ap 1 ~~ OAS\pN 0\ Sv I ISM GARNER NE 1/4 ®BECMW 2 700 30 B 100 700 ]00 ~~ ~r2B4OJ SCALE W FEET 5 50'44'415° W 43.74 N c~m.E TABLE SURVEY FOR SUNDIAL SUBDIVISION LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION 2, T. 3N. R.1 W. B.M. Stanle Consul'~t'ItS we Y MERIDIAN, ADA COUNTY, IDAHO OC'TOBER 2006 1940 S 80N170 WAY, SURE 140 ' MF1iIDIAN, IDAHO, 83642 DWG NAME: DWC DATE DWG NQ sr" c, gPPROVID BY: DATE: RE4190N5: cMC to/ifi/D6 Is7oa 1°=1oD' Exhibit C -Page 3 CITY OF MERIDIAN PLANNIN~ PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 20 2007 D. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACfID, etc.) to determine this fmding. (See fmding Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and Other than the existing cell tower on this site which has been mitigated for, staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. AC2=ID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D -Page 1 ~. ~. April 13, 2007 VAC 07-006 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Paramount Development Inc. ITEM NO. 5-C REQUEST Resolution -- Request for a Vacation of the 20-foot front yard setbacks for Lots 4-7 & 11-13, Block 34 for Paramount Subdivision No. 13 -- west of Meridian Road and North of 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: COMMENTS See attached Resolution Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO Od1~107 03:20 PM CITY OF MERIDIAN BY THE CITY COUNCIL: RECORDED~nREQUEST OF II I I I II II IIII II II ~ I II ~ II I I VIII I II III Meridian Gity 1 ~~~~~~ i ~' RESOLUTION NO. O ?' J`~Y~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING A 20 FOOT FRONT SETBACK LOCATED IN LOTS 4, 5, 6, AND 7, BLOCK 34 OF PARAMOUNT SUBDIVISION No. 13, AS SAME IS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 97 OF PLATS AT PAGE 12128 OF ADA COUNTY RECORDS LOCATED IN THE SOUTHEAST 1/ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Apri13, 2007 the City Council of the City of Meridian, held a hearing on the vacation of a 20 foot wide front setback located in Lots 4, 5, 6, and 7, Block 34 of Paramount Subdivision No. 13, as same is shown on the plat thereof recorded in Book 97 of Plats at Page 12128 of Ada County Records located in the SE '/ of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of a 20 foot wide front setback located in Lots 4, 5, 6, and 7, Block 34 of Paramount Subdivision No. 13, as same is shown on the plat thereof recorded in Book 97 of Plats at Page 12128 of Ada County Records located in the SE % of Section 25, Township 4 North, Range 1 West, City of Meridian, Ada County, VACATION OF 20 FOOT FRONT SETBACK -PARAMOUNT SUBDIVISION NO. 13 Page 1 of 2 ! ~ State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~~ day of .`~~/ ~ , 2007. APPROVED BY THEMI AYOR OF THE CITY OF MERIDIAN, IDAHO, this __L_L day of /~,~Y'/ ~ , 2007. ATTEST: ~,. .~ .~` ~~, de WEERD WILLIAM G. BERG, JR., STATE OF IDAHO, ) ss County of Ada ) ~~- ~ ~~~.~, 1~ 4 \~ ,p~1~~661/1 Ili1i9~`~4`~`*4 On this ~1~' day of A~r-~ ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .• ~ 4,.", o (SEAL) ~~ -" ®~ ARC ~~~,~ ~ ~ TARY PUBLIC FOR IDAHO '~ RESIDING AT: ('n, -~ ll~ ~ -p 1 ; MY COMMISSION EXPIRES: Q-j -~ 1 • ,`. ®i s ~ .~j" ,~,,,~ ~ ~~•.•'" Q'c -P • ~ •.• VACATION OF 20 FOOT FRONT SETBACK -PARAMOUNT SUBDIVISION NO. 13 Page 2 of 2 • En ineei~in No~th~est r.Lc 423 N. Ancestor Place, Sbite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 06-014-O1 Date: February 12, 2007 PARAMOUNT SUBDIVISION N0.13 VACATE 20 FOOT FRONT SETBACK DESCRIPTION A 20 foot wide front setback located in Lots 4, 5, 6, and 7, Block 34 of Paramount Subdivision No. 13, as same is shown on the plat thereof recorded in Book 97 of Plats at Page 12128 of Ada County Records located in the SE 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more pazticulazly described as follows: Commencing at the section corner common to Sections 25 and 36, T. 4 N., R. 1 W., and Sections 30 and 31, T. 4 N., R. 1 E., B.M.; Thence North 89°27'26'° West, 2681.84 feet on the section line common to said Sections 25 and 36 to the 1/4 Section corner common to said Sections 25 and 36; Thence leaving said section line, North 00°32'05" East, 1320.01 feet on the north-south mid-section line of said Section 25 to the center-south 1/16th section corner of said Section 25; Thence leaving said mid-section line, North 70°22'01" East, 925.68 feet to a point on the easterly boundary line of Paramount Subdivision No. 10 and the easterly right-of--way line of West Producer Drive, as same is shown on the plat thereof recorded in Book 94 of Plats at Page 11468 of Ada County Records said point also being the southwesterly boundary comer of said Paramount Subdivision No. 13; Thence North 45°48'59" East, 114.00 feet on the westerly boundary line of said Paramount Subdivision No. 13 to a point of curve; Thence 31.42 feet on the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00"and a chord distance of 28.28 feet which bears South 89° 11'01" East on the westerly boundary line of said Subdivision; Thence leaving said westerly boundary line, South 44°11'01" East, 104.00 feet to the northeasterly lot corner common to Lots 3 and 4, Block 34 of said Subdivision, said point being the REAL POINT OF BEGINNING; Thence continuing South 44°11'01" East, 150.00 feet on the northeasterly lot line of Lots 4, 5, 6 and 7, Block 34 of said Subdivision to the northeasterly lot corner common to Lots 7 and 8, Block 34 of said Subdivision; Paramount Sub No. 13 Vacate Setback Iksc.doc Page 1 of 3 ~ i Thence leaving said lot line, South 45°48'59" West 20.00 feet on the lot line common to said Lots 7 and 8; Thence North 44°11'01" West 150.00 feet to a point on the lot line common to said Lots 3 and 4, Black 34; Thence North 45°48'59" East, 20.00 feet on said common lot line to the real point of beginning. ALSO INCLUDING: A 20 foot wide front setback located in Lots 11, 12 and 13, Block 34 of Pazamount Subdivision No. 13, as same is shown on the plat thereof recorded in Book 97 of Plats at Page 12128 of Ada County Records, located in the SE 1/4 of Section 25, T. 4 N., R 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25 and 36, T. 4 N., R. 1 W., and Sections 30 and 31, T. 4 N., R 1 E., B.M.; Thence North 89°27'26" West, 2681.84 feet on the section line common to said Sections 25 and 36 to the 1/4 Section comer common to said Sections 25 and 36; Thence leaving said section line, North 00°32'05" East, 1320.01 feet on the north-south mid-section line of said Section 25 to the center-south 1/16th section corner of said Section 25; Thence leaving said mid-section line, North 70°22'01" East, 925.68 feet to a point on the easterly boundary line of Pazamount Subdivision No. 10 as same is shown on the plat thereof recorded in Book 94 of Plats at Page 11468 of Ada County Records said point also being the northwesterly boundary corner of said Paramount Subdivision No. 13; Thence North 45°48'59" East, 114.00 feet on the northwesterly boundary line of said Pazamount Subdivision No. 13 to a point of curve; Thence 31.42 feet on the azc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00"and a chord distance of 28.28 feet which bears South 89°11'01" East on the westerly boundary line of said Subdivision; Thence leaving said westerly boundary line, South 44° 11 °Ol" East, 368.00 feet on the northerly lot line of Lots 1 through 10, Block 34 of said Subdivision to the northeasterly lot corner common to Lots 10 and 11, Block 34 of said Subdivision, said point being the REAL POINT OF BEGINNING; Thence continuing South 44°11'01" East, 107.00 feet on the northeasterly lot line of Lots 11, 12 and 13, Block 34 of said Subdivision to a point of curve; Paramount Sub No. 13 Vacate Setback Desc.doc Page 2 of 3 Thence 31.42 feet on the azc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'00"and a chord distance of 28.28 feet which bears South 00°48'59" West on the northerly lot line of said Lot 13; Thence leaving said lot line, North 44°11'01" West 127.00 feet to a point on the lot line common to said Lots 10 and 11, Block 34 of said Subdivision; Thence North 45°48'59" East, 20.00 feet on said common lot line to the real point of beginning. PREPARED BY: Engineering Northwest, LLC James R washbnrn, PLS Paramount Sub No. 13 Vacate Setback Desc.doc Page 3 of 3 April 13, 2007 PP 06-0b4 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT BSC, LLC ITEM NO. S-D REQUEST Findings for Denial -- Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision north of Ustick Road and east Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US W EST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See crMached ~indinga Contac#ed: Date: Phone: Emaiied: Staff Initials: Materials presented q# pubpc meetings shop become property of the City of Meridian. April 13, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Wirt Edmonds AZ 06-045 April 17, 2007 ITEM NO. S-E REQUEST Development Agreement -Request for Annexation and Zoning of 7.556 acres from RUT to R-4 zone 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: OTHER: COMMENTS See atFached Development Agreement Contacted: -~ Date: ~ (~ % Phone: ~3 ~~ ~ ~ ~C) Emailed: ~ (.~ S aff I itials: ,(~Q Materials presented at public meetings shall become properly of the Ctiy of Meridian. • ~`~7 ; penning and engineering crommunities Ior the future ` ~ , To: City of Meridian Attn: Sharon Smith 33 East Idaho Meridian, ID 83642 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 LETTER OF TRANSMITTAL Date: 4/10/2007 Project Name: Eastwood Subdivision Project Number: 60119 we are senam ou: Co ies Dated Descri tion 1 Develo ment A regiment Executed b Develo r Thaca arP transmittPrl as inrlicatPri helnw~ For A royal A roved as Submitted Submit for Distribution X For Your Information A roved as Noted Return Corrected Prints X As R nested Returned for Corrections For Pre-Construction For Review and Comment/Si nature Price For Bids Due: Resubmit for A royal Remarks: Sharon: Please place this on the agenda for City Council acceptance and send us a copy of the recorded document. Thanks, and have a great week! to: File i Shan Stiles ADA COUNTY RECORDER d. DAVID NAO AMOUNT .00 4i BO{BE IDAHO 04120<07 03:20 PNI DEPUTY Bonnie Oberb{{fig II I I I II ~~ ~~II ~"~ I ('I I It I I II (I II 111~~ ~ RECORDED-RE4UEST OF 1045631 ~ Meridian C{iy DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Wirt & Francis Edmonds and Sham & Rhonda Urwin, OwnerslDevelopers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~'" day of _~•~~V'~~ , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Wirt & Francis Edmonds and Shain & Rhonda Urwin, whose address is 2297 N. Chandra, Meridian, Idaho 83642, hereinafter called OWNERS/DEVELOPERS. 1. RECITALS: 1.1 WHEREAS, OwnerslDevelopers are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owners/Developers make a written commitment concerning the use or development of the subject Property; and 1.3 WII<EREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of laud; and 1.4 WHEREAS, Owners/Developershevesubmitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested adesignation of R-4, Medium-Low Density Residential (Municipal Code of the City of Meridian); and 1.5 WHEREAS, OwnerslDevelopersmede representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect 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 DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION PAGE 1 OF 11 • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27~` day of February, 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 Owners/Developers to enter into a development agreement before the City Council takes final. action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 $2, and the Zoning and Development Ordinances codified in Meridian Unified Development 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. DEFINYTIONS: 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: DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOL7D SUBDMSIOAT PAGE 2 OF 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 OWNERS/DEVELOPERS: means and refers to Wirt & Francis Edmonds and Shain & Rhonda Urwin, whose address is 2297 N. Chandra, Meridian, Idaho $3642, the party that owns and is developing said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Medium-Low Density Residential), attached hereto and by this reference incorporated herein as if set forth at length. 4. 1C1SES PERMITTED DY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2 which are herein specified as follows: Construction of 24 single famdly builddng lots and 3 common lots in the proposed R-4 zone on 7.56 acres, and the pertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to thisAZ O(r045 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONTS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDMSION PAGE 3 OF 11 2. 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. The applicant will be responsible for all costs associated with the sewer and water service extension. 4. 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 maybe used for non-domestic purposes such as landscape irrigation. 5. The following shall be the only allawed uses on this property: Detached single family homes and allowed accessory uses of the R-4 zone. 6. A maximum of 24 units be constructed on this site. 7. All homes within the subdivision shall contain at least 1,200 squaze feet of living area. 8. All homes on Lots 11,12, and 13, Block 1, shall be restricted to a single story and be subject to, at minimum, a 20-foot rear setback. Lot 10, Block 1, shall also be restricted to a single story. 9. Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Cade. 10. The five-foot sidewalks and a 25-foot landscape buffer, constructed in accordance with City Code, shall be installed slang Locust Grave Road prior to occupancy of any new dwelling units. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon adefault ofthe Uwners/Developers or Owners'/Develope~s' heirs, successors, assigns, to complywith 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 recadifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: OwnerslDevelopers consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners/Developers and if the Owners/Developers fail to cure such failure within six (b) months of such notice. 8. IINSPECTION: Owners/Developers shall, immediately upon completion of any pardon or the entirety of said development of the Property as required by this agreement DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION PAGE 4 OF 11 • • 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: ~.1 In the event Owners/Developers, or Owner/Developers' heirs, successors, assigns, or subsequent owners of the Properly 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. ~.2 A waiver by City of any default by OwnerslDevelopers 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 Owners/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners/Developers, 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 Owners/Developers 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; DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION PAGE 5 OF 11 • 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 c~avenant to be performed hereunder by either Owners/Developers 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 bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-SC, to insure that installation of the improvements, which the Owners/Developers agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owner has entered into an addendum agreement stating when the improvements will ~be completed in a phases.developed; and in arny event, no Certtificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 1 S. A)~IDE)~Y ALL CITY ORD]NANCES: That Owners/Developers 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 flee Ordinances of the City of Meridian. 16. NTOTICES: 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: OWNERS/DEVELOPERS: c/o City Engineer Wirt & Francis Edmonds and City of Meridian Spain & Rhonda Urwin 33 E. Idaho Ave. 2297 N. Chandra AEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDMSION PAGE 6 OF 11 • Meridian, ID 83642 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16. I 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. ATTORNEX 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 yr forfeiture of this Agreement. 18. TIlVIE YS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. DINDING U]PQN 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 Ov~mers/Developers of the Property, each subsequent owner and any ether person acquiring an interest in the Property. 1~Tothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of OwnerslDevelopers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners/Develapers has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDMSION PAGE 7 OF 11 21 • FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners/Developers 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 modih ed 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 farce at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS /DEVELOPERS Wirt monds DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDMSION PAGE 8 OF l l 0 Rho ~ Urwin CJ CITY OF MERiI)IAN ATTEST: CLERK STATE OF IDAHO, ) BY: ~~~'7'y cG~ MAYOR T e WEERD `\~\~ V ATV/~C~unrrll ~~l ?rV 7 ~~ ~p{~ . ~.7 r ~~ , ~ "'.tit ~, .*J- ? ~"o - ~~~~~, - '` ~~' ~tii ii+~t ss County of Ada, ) On this ~ day of 2007, before me, the undersigned, a Notary Public in and for said Sta , personally appeared WIRT EDMONDS, known or identified to me to be the person who signed the above 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 yeaz in this certificate first~bove written. (SEAL) R~' SP''y t.,".',+d•$vai}~.., ~ , O. F :^~ ',N ,~ ~ m a ;~ .•. <~ a. p- U ij :i~ y~ •2 w eel t!~~~e~+ ~ ~ .#n ~. Nc#ary Public fo Idaho Residing at: ~'~ My Commission Expires: Y DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISION PAGE 9 OF 11 • STATE OF IDAHO, ) ss County of Ada, ) (/~ On this ~ day of 2007, before me, the undersigned, a Notary Public in and far sai State, personally appeared FRANCIS EDMONDS, known or identified to me to be the person who signed the above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day anal year in this certificate first above written. d^r~iNgp YrZ`rw '""5 S'. > (SEAL) y '~' ~ ~•b~~~r=-:' `~~~ '`: /a , ~.a ~ ® ~~~ v ~~ ~I3;~ ~,,~~, ~~ '~'~ '~~' OF ~~ ~''~'~ Notary Public for Idaho Residing at: _ ~~.,, My Commission E ~re~ STATE OF IDAHO, ) ss County of Ada, ) ~~ On this ~ day of 2007, before me, the undersigned, a Notary Public in and for said to ,personally appeared SHAW O"RWIN, known or identified to me to be the person who signed the above 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. •. q ~ ~ +awe;a.:s ~ ~i~~ " OF I~~.V+` Nofary Fublic for Idaho Residing at: My Commission E ire ~' DEVELOPMENT AGREEMENT (AZ 06-045) EASTWOOD SUBDIVISIQN PAGE 10 OF 11 •~ STATE OF TllAHQ, ) ss County of Ada, ) ~ this / day of 2007, before me, the undersigned, a Notary Public in and for said State ersonally appeared RHONDA URWIN, known or identified to me to be the person who signed the above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day atird~ yeas in •~s certificate first above written. .. ~. ~,-:.. _ O ~~'~,,~~ Op ~ ~~~~ STATE OF IDAHO ) County of Ada ss Notary Public fog Residing at: My Commission On. this ~ 7 ~' day of~~, ~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Eerg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. tSE~ • ~''' ,~' e. i i ~ ~ ; ~~ '. ; ~, • ~7.~,0~• Notary Public for Idaho Residing at: ~ Commission expires: ld -I I -I 1 DEVELOPMENT AGREEMENT (AZ 06-045} EASTWOOD SUBDMSION PAGE 11 OF 11 Legal Description and Annexation Map "IDAHfJ ~ '. i4sas~~s~ SU 1~EY ~ ~ ~ s~ ~~ ~ s3~ GROUP . ~ .. t.t~s~io . ~ '. ~ ~« (ate esa~ '~~~ , " .. . .~ of.I~adb~~s.Na~9Q~1 fe~ta~ft>feJ3ast ~'~t~o,SB fl4 ofthe ~~8.t/4 of Soctiaaa 3Q, T.3I~i.. R.fB;,.B~l'., Ada CatmiY. ]atly ~. .'~despm'b~d as ~1lovva; Cogya~g ~,~,,~ ~ ~•X, •~2; 29, arul 1ho ~,id,i ~.~ wb~ic~ ~;Y!4 +atxr~ to said, ,. 29 ~nd'3fl --i.?~oo~~,w~c, ~~.8~ ;~ vo°~oroid~~-~, is~.s~.~eci~ u~. ~'~ ~ ~ ~- I/16. oonaar oo~n~to d ,2ii and 30, e~id post li~Aii: Pon~r.['. -'S~Oe ~h•85'S~" Waal ~ a~g a ~~ticRa~ty. ofBaat glopo . . ~a,'a®a~aa is ~eciosded in Boaic ~ of Ids at ' ~eoorbs ofAda ',~. a a;fd~$~t m aaaingte.poi~ is ewi~eip,; ..~afseia.ea~bdivl~mn.i~6,bo°23'1~'w~, . ?»40„~Qtto •~Nqr ota~oi'~aidsa~vieion lying ~~ lies oftbo S~ U4' ' ~ {,. >: 7~pne ~ said ]ins IVottJw 89°46'S2" F.est, 65"l~t ~ ~ kbua Poimr Qf B8 B 73b am+ee, mare or ASS. ,. < , . ' . ev • ' ~~d~ '. paw D. Tmry'P PXS~ 'P~ro/ess/pgai L~n~d; Su~rvey~rs ~~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8~ ORDER ~~ ~~ _ _ ~~~i~r"mot ~ ~~w ~~~ ~,? ,~' In the Matter of Annexation avnd Zoning of 7.56 acres from RiJT to R~ AND Preliminary Plat Approval for 24 single family residential lots and 3 common lots on 7.56 acres, for Eastwood Subdivision, by Majestic, Inc. Case loo(s). AZ-06-045, PP-06-047 For the City Council Hearing late of: February 13, 2007 (Continued from February b, 2007) (Findings on the February 27, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 13, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 13, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter d5, 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 FIl~IDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-045 & PP-06-047 ~'! ~~ ~ 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 sigrned 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 February 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated (October 27, 2006, and stamped REVISED on February 7, 2007, is hereby conditionally approved; and, 2. All homes on Lots 11,12, and 13,131ock 1, shall be restricted to a single story and be subject to, at minimum, a 20-foot rear setback. Lot 10, B41ock 1, shall also be restricted to a single story. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Febraary 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (1$) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the CITY OF MERIDIAN FnVDIN~S OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-045 & PP-06-047 ~~ !~ '- ~ applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extensonn of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (IS) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analyses will tall the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of February 13, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). AZ-06-Q45 8e PP-06-047 I. ~~ t By action of the City Council at its regular eating held on the 2 ~ ~ day of ~~ d~~.u... Zoos. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMIVIY de WEERD (TIE BREAKER) William G. Berg, Jr., City Copy served upon Applicant, The Attorney. MaF~?3R~•~. ~.: VOTED_~~~~ VOTED_ ~~~G~r. VOTED ~~~~-'~' VOTED_~~~~ VOTED Works Department and City By: ~ ~ ,~ '~, Dated: (~ ~~L(o ~~ 7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-045 & PP-06-047 ~, r.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN•ATE OF FEBRUARY 13 2007 STAFF REPORT Hearing Date: Continued. From: TO: FROM: SUBJECT: 2/13/2007 2/6/2007 Mayor & City Council Amanda Hess, Associate City Planner Eastwood Subdivision • A2r06-045 Annexation and Zoning of 7.56 acres from RUT (Ada County) to R-4 (Medium Law-Density Residential) zone • PP-06-047 Preliminary Plat of 24 single-family building lots and 3 coJnmon lots on 7.56 acres in a proposed R-4 zone t ~~ ~n~ .1 ~ ~ JU,1NC~ ~~ ~~~n k ,'`/-~ ~'I i~I_+yiw~ 1~- 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicants, Wirt and Francis Edmonds, have applied for Annexation and Zoning (AZ) of 7.56 acres from RUT (Ada County) to R-4 (Medium Low-Density lesidential) and Preliminary Plat approval of 24 single family residential fats and 3 common lots for Eastwood Subdivision. The site has not been previously platted. The subject property is located on the west side of Locust Grove Road, approximately 1/5 Haile north of Amity Raad in Section 30, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Numbers 51130449600 and 51130449650. This property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-045 and PP-06-047) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of the prapased Eastwood Subdivision subject to the conditions listed in Egltibit B of the Staff Report. The Meridian Planning and Zoning Commis~,~Qn heard these items an December 21 2006 At the pablic hearing they moved to recommend approval to the City, Coundl. a. Snmmarv of Pabli i. In favor- B Mc licant ii. In apposition: None iu. Commentina: Pat SttuJJ~is iv. Written testimon : a Jim Stur v, Staff presenting armlication: Amanda Hess vi. Oth S licatio eb Hood b. ~iey_Issnes of Discussion by Co,;,,mmfssion: i. What is an appropriate transitinnin~ between the bo and those within East Subdivision G Co n Chan es to Staff R endation: i. ~ Avulicant will be required to enter into a development agreement with the ~ty of Meridian Eastwood Subdivision: AZ-06-045, PP-o6-047 PAGE 1 ~y ! ~. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF F'BBRUARY 13, 2007 ii. A maxim of 24 units can b ca tract on this site iii. All homes on Lots 11. 12, and 13tBlock 1, are to be restricted to a sin a storv and be b' to at minim a 0-foot r setback iv. The west lot line of Lot 14, Block 1. shall be adjusted to 'gn with the west lot ' e of Lot 17 Bl 1 East Slo a Su 'visi n d. O t Issn s for f Council: i. ~ sed density and transitionine of lot sizes ~'he Meri i n _itv ['o Heil heArd these items on F brna_ry 6 ti007 and Febrnarv 1~ ~nn~ s+tAn FehrLarv 13.2007_ nnblic h ~ nv the Aa cn~i ..t '~~"~, '~' - _V ~DbrOVed t~7 ~y~_4 _ sannlira~fiTnna_ a. Sunamarv oLCitY Council Public Ae~rina~ 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Nuno~bers AZ- 06-045 and PP-06-047, as presented in the staff report for the hearing dates of February 6, 2007, and February 13, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ- 06-045 and PP-06-047, as presented in the staff report for the hearing dates of February 6, 2007, and February 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat rc~uest.) Con6Snuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06-045 and PP-06-047 to the hearing date of (insert continued hearing date here) for the following reasons}: (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4515 S. Locust Grove Road; Section 30, T3N, R1E b. Owner I Applicant: Wirt ~c Francis Edmonds and Spain & Rhonda Urwin 2297 N. Chandra Eastwood Subdivision: AZ-Ofr045, PP-06-047 PAGE 2 r / CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, x007 Meridian, TD 83642 c. Representative: Becky McKay, Engineering Solutions d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request (See Exhibit A): 1. Date of Preliminary Plat: Stempel REVISED ~~ brae 2. Date of Landscape Plan: REVISED October 27, 2006 g. Applicant's StatementlJustification: The gross density of the proposed development is 3.18 dwelling units per acre. The proposed density is in accord with the proposed R-4 (Medium Low-Density Residential) zoning district and complies with the Comprehensive Plan for the site which designates the area. as "Low Density Residential." The subdivision will provide five common lots including a central common area, and a mix of lot sizes ranging from approximately 8,000 square feet to 22,580 square feet. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, iya fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 4, 2006; December 18, 2006 (P & Z Commission) January 15.2007: January 29, 2007 fCit~Council~ d. Radius notices mailed to properties within 300 feet on: November 22, 2006 (P & Z Commission) January 12.2007 (City Council) e. Applicant posted notice on site by: December 11, 2006 (P & Z Commission) January 27 2007 (Gifu Council) 6. LAND USE a. Existing band Use(s): Existing home, outbuilding, and vacant land. All existing structures will remain.. b. Description of Character of Surrounding Area: A mix of single family residential and. vacant agricultural land, some of which has recently been proposed for residential development. c. Adjacent Land Use and Zoning: 1. North: Proposed single-family, Reflection Ridge Subdivision, zoned R-4 2. East: Single-family homes, Estancia Subdivision, zoned R~ Eastwood Subdivision: AZ-06045, PP-06-047 PAGE 3 (% . ~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 3. South: Estate residential., zoned RUT (Ada County) 4. West: Estate residential, zoned RUT (Ada County) d. History of Previous Actions: The subject applications, AZ-06-045 and PP-06-047, were scheduled to be heard before the Planning and Zoning Commission on October 19, 2006. Prior to said meeting, the Applicant and Staff were made aware that ACRD refused to grant direct access to the site from Locust Grove. This ultimately prompted a substantial redesign preliminary plat. The new plan proposes two additional lots for a total of 24 building lots, and eliminates subdivision access to Locust Grove Road. This warranted re-noticing the neighboring property owners of the changes and publishing the new notice in the media. Staff believes the revised preliminary plat is more compatible with the goals and policies of the Comprehensive Plan and the Unified Development Code. e. Existing Constraints and Op~rtunities: 1. Public Works Locadon oji'sewer: This property is proposing connection to sewer planned to be constructed in E. Wrightwood Drive by neighboring development. Location o,~' water. This property is proposing connection to water planned to be constructed in E. Wrightwood Drive and the proposed subdivision to the north. Issues or eoncerns: The need for an off-peak pumping station iif they plan on severing prior to the Black Cat Trunk connecting to the Glacier Springs Diversion N~Ianhole. 2. Vegetation: Existing trees on site will be retained, relocated, or mitigated for. 3. Floodplain: N/A 4. CanalslDitchesJIrnigation: NIA 5. Hazards: NIA 6. Proposed Zoning: R-4 7. Size of Property: 7.56 acres f. Subdivision Plat Information: 1. Residential Lots: 24 2. Non-residential Lats: 0 3. Total Building hots: 24 4. Common Lots: 3 5. Total Lots: 27 6. Open Lots: 0 7. Residential Area: 7.56 acres 8. Gross Density: 3.18 units per acre (4.26 net density) 9. Lot Sizes: Lot sizes range from approximately 8,000 to 22,580 square feet. The average lot size is approximately 8,950 square feet. Eastwood Subdivision: AZ-06-045, PP-06-047 PAGE 4 (F ~ ,, CITY OF MERQfIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEI3RUACt'Y' 13, 200? g- Landscaping: 1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The UDC {Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan (Sheet L1 A) proposes a 25-foot wide buffer along Locust Grave. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.389 acres (5.15%) 4. Other landscaping standards: Landscaping adjacent to micropaths should comply with UDC 11-3B-12. Common /open space lots should include at least one deciduous shade tree per 8,000 square feet (LTDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-4 zone for detached single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from East Wrightwood Drive, athrough-street provided by Reflection Ridge Subdivision South Carina Avenue connects to E. Wrightwood Drive at the north boundary of the subject property. City Staff is supportive of the proposed street layout. ACRD Staff is also supportive of the proposal as long as all Site Spedfic and General Requirements are met (See Exhfbit B-'n. 7. CONIlVIENTS MEETING On December 1, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions as Conditions of Approval in the attached Exhibit $. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per sere. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat includes 24 residential building lots on 7.56 acres for a gross density of 3.18 dwelling units/acre. The gross density exceeds the range outlined in the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the foldowir~g 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 cu~rentdy lie within the jurisdiction of the Ada County Sherifj's Dice. Once annexed, the lands wild 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. Eastwood Subdivision: AZ-06-045, PP-Q6-047 PAGE 5 {.. r - CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE DARING DATE OF FEBRUARY 13, 2009 • The subject lands are currently serviced by the Meridian School District #2. This service wild not change. • The subject lands are currently serviced by the Meridian Library District. Thos service wild not change and the Meridian Library District should suffer no revenue doss as a result of the subject annexation. Munfcipad, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Departmenrr the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Bidding Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and'Walking in all land-use decisions. This publication encourages jurisdictions to establish Bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connections to Reflection Ridge Subdivision via the proposed sidewalks oral stub street, • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Staff finds that the residential development to the north is compatible with the proposed subdivision. To the east and south are existing single family dwellings sited on one-acre lots within Ada County. Staff believes Eastwood transitions well with these lots to the east. .However, Staff believes that the lot sizes proposed along the southern boundary should be increased. Although attached single family and detached single family dwellings are compatible land uses, Staff does not consider locating four 8, 000 square foot lots adjacent to a one-acre lot an appropriate transition. A neighbor has voiced concern over this issue, as weld. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high~ensity single fnrnily, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-4 zone. The subject property is located adjacent to Bands zoned R-4. Staj finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular uitervals to enhance connectivity and better traffic flow. Eastwood Subdivision: AZ-06-045, I'I'-06-049 PAGE 6 r.... { .. CITY OF MERIDIAN PLANNING DEPARTMEATT STAFF REPORT FOR 'I73E HEARIDVG DATE OF FEBRUARY 13, 2007 Dne street connection is proposed to connect with the Reflection Ridge Subdivision to the north. Staff ids that the zonlirig proposal ~s generally harmonious we~h the surround~g area and with the Future Land Use lt~ap designation for this site and generally meets the goals and policies of the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provfded at the pubdic hearing when determining f the applicant's zonfng and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single-family developments as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSES a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Uxiified Development Code, Staff believes that this is a good location for the proposes single-family development. Please see Exhrbit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application, prepared by The Idaho Survey Group on August 14, 2006, shows the property as contiguous to the existing corporate boundary of the City of Meridian. ~ 1 ~ > a e.. .. ..E. aL > L a ~ . ~ ..s,l ' Le ~~s~~ . z ....,..i.. a .,:sS. f"+' .C1-A' ',7' > f f ~ yy -- ~~ ^^ __--'' ~ttl~e~~ A Development Agreement (DALwill be required as -Hart of annexation of this~mperiy Prior to annexation approval a DA shall be entered into between the City of Meridian. the proper~i ownerfs) at the time of annexation or 'na ce adoption. and the developer 'The applicant shall contact the Ci Attorney Bill Nary at 88$-4433 to initiate this process The DA shall include, at minims the folloaring: Eastwood Subdivision: A7.P(lb-045, PP-Ob-04`7 PAGE 7 ~.._ ~ !. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA'RIIVG DATE OF FEBRUARY 13, 2007 • All future use shall .not .involve uses, activities processes materials equipment and conditions of operation that will be detrimental to an~r persons,,prop~y or the.general welfare by reason of excesaiv production of traffic noise smoke; fumes fare or odors. • All future development of the subject prope~ti y shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible, for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this proiect will have to be removed from their domestic service, per City Ordinance S®ction 5-7=517 when services are available from the City of Meridian. Wells may be use for non-domesticpurposes such as landscape irci agatron. • The following shall be the only allowed uses on this~rope~ty Detached single family a and allowed so uses f the R-4 zone. • A maximum of 24 units be cons o this site. • All homes within the subdivision shall contain at least 120 squaze feet of living area • A~ltomes on Lots 11L~2. and 13. Block iishall be restricted to a single story and be snbiect to. at minimum. a 20-foot rear setback. restricted to a a ng-e st ~, place a note en the n 1 n~ t!~ in~~thia_ • Prior to issuance of any building permit, the subject pro~aerty shall be,-subdivided in accordance with the City of Meridian Unified Develomment Code • The five-foot sidewalks and a 25-foot landscape buffer constructed in accordance with City Code shall be installed along Locust Grove Road. grior to, occupancy of any new dwelling units. PRELIlVIINARY PLAT A1~TALYSIS: used on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Accesa: The Reflection Ridge Subdivision, just north of the Eastwood Subdivision, has been granted road access to Locust Grove Road at the '/a-mile mark. West Wrightwood Drive, a public street provided by the Reflection Ridge Subdivision, nuns approximately parallel to Eastwood's north property line. South Carina Avenue, a local public street within Eastwood, intersects W. Wrightwood and will serve as the sole access to the proposed subdivision. The access to Locust Grove Road for the existing house that is to remain, should be abandoned as proposed. Direct lot access to Locust Grove Road should be prohibited. 2. Internal Streets: Internal streets sections are proposed to be 36-feet wide with 5-foot wide attached sidewalks for a total of 50 feet ofright-of--way. 3. Density: This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential azeas aze anticipated to contain single family dwellings at densities up to three dwelling twits per acre. The proposed Preliminary Plat includes 24 residential building lots on 7.56 acres for a gross density of 3.18 dwelling units/acre. The gross density exceeds the range outlined in the Comprehensive Plan. The Applicant has not proposed a "step up" to medium density for the site, nor would Staff be supportive of said "step " Eastwood Subdivision: ALr06-045, PP-~-047 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF FEBRUARY 13, 2007 In order for the project to better comply with the density policies outlined in the Comprehensive Plan, Staff is supportive of eliminating one building lot at the south property line. This reduction in the number of lots, from 24 to 23, would not only address Staff's concerns over transitioning of lot sues in that area, but would lower the gross density of the project from 3.18 dwelling units/acre to 3.05 dwellingunits//acre. 4. Landscaping: The Applicant has provided 0.636 acres (8.4%) of landscaping on site, including the required strut buffer along Locust Grove Road. The standards for open space apply to single-family developments of five acres or more. As the subject property totals 7.56 acres, the Applicant has set aside 0.389 acres (5.15%) for usable open space, including a centrally located common area, meeting the 5% minimum required by UDC 11-3G-3A-1. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Eastwood Homeowners A380Clatian. Presswre Irrigation- The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 6. Fencing: Excepting where fencing currently exists along the western boundary, Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. At the public hearing, the applicant should state whether or not permanent fencing is proposed around the development. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed azound the perimeter prior to issuance of a building permit. All perimeter fenciug must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to the drainage swale access is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 8. Tree Mitigatlon: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 9. Existing Structures: The site currently contains multiple buildings. All existing structures that are to remain, shall comply with the dimensional standards (setbacks, house size, etc.) of the R-4 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. Eastwood Subdivision: AZ-06-045, PP-Ob-047 PAGE 9 ~,.. ~ ,~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TFIE HEARING DATE OF FEI3RUARY 13, 2007 b. Staff Recommendation: Based an the above analysis, staff finds that applications AZ-06-045 and PP-06-047 substantially conform to the Comprehensive Plan policies and iIDC standazds. Staff recommends approval of saki AZ and PP apph'cat3ons subject to the condftions listed in Exhibit B. The Meridian Plannine and Zonine Co „ mi sian herd the item on becember 21.2006: pit the public hearing ~hev moved to recommend approval to the City Council. The '~ d th on Fe 6 7 b the February 13 2007 public hearini*, the Cormcd a~ttroyed the subiect and i~ lions . 11. F.I~IBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Stem»ed EViSFI~ nn Fehn~ary 7.20071 3. Landscape Plan (REVISID October 27, 2006) B. Conditions of Approval l . Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Pazks Department 6. Sanitary Services Company 7. Ada County Highway District 8 Nampa Meridian Irrigation District 4. Central. District Health Department C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Eastwood Subdivision: AZ-06-045, PP-06-047 PAGE 10 ,, .. • ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 A. Drawings 1. Vicinity Map Ex}ubit A Iw CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIDE HEAItIN4 DATE OF FEBRUARY 13, 2007 2. Preliminary Plat ed S eb 200 i. ',~~- ... r .pip.., ~~ ~~ ~~.g~ ~ . d !t ~ @•• .~ . y6~ .. .~~. ~~.~.~~~~~~~~~i~~t 0 ~~ a Exlubit A • CITY OF MirkRIDL4N PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 2. Landscape Flan (REVISED October 27, 200 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE QF FEBRUARY 13, 2007 B. Conditions of Approval ~• PLANNING DEPARTMENT 1.1 ANNEXATION REQUIREMENTS I.1.1 The annexation legal description submitted with the application (dated August 14, 2006, and stamped by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal, 1.1.3 The Applicant shall enter into a Development Agreement with the following provisions: • All future uses shall not involve uses. activities processes materials equipment and con txans of operation that will be detrimental to andpersons property or the g~eral ware by reason of excessive production of c noise smoke fumes Blare or odors • ~l future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development • The applicant will be responsible for all costs as ciated with the sewer and water service extension. - ~-- • Any existing domestic wells and/or se1m~C Systems within this project will have to be removed from their domestic service per City in nce Section 5 7 517 when services are able from Ci of Meri ' Wells be used far on-domestic oses such as landscape irrigation. • 7,~e following shall be the only allowed uses on this property Detached single family homes and allowed accessrnv uses of the R~ zone • A maximum of 24 units be constructed an this site • All homes within the subdivision shall contain at least 1.200 square feet of living area. • All homes on Lots 11 12 and 13, Block 1 shall be restrlcted to a single story and be ~>liect to. at ~amltaimu~ a 20-foot rear setback. TheJtdme on .o . t 0 Blo ti t 2 ah~n also be restricted t®a Ai Ic Rtprv Place a n P nn tr.e fln•1 nl•t to i..ainete - • Prior to issuance of any boil ~ permit, the subject property s be subdivided in a~ccardance with the City of Meridian nified Development Code • The five-foot sidewalks and a ZS-foot landscape buffer constntcted in accordance with Ci Code be install Locust Grove R rior too anc of new welling units. 1.2 SITE SPECIFIC REQ~NTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Shed PRE, prepared by Engineering Solutions, LLP, and 9~ ST.~*?>?'FD FebrLArv 1.200 , is approved with the conditions listed herein. 1.2.2 Eastwood Subdivision shall be subject to the UDC standards of the R-4 (Medium Low Density Residential) zoning district. 1.2.3 A maximum of 33 24 single family residential dwellings may be constructed on site. A$e-~-f 1.2.4 Direct lot access to Locust Grove Road shall be prohibited for this site. The Applicant shall be required to dedicate the right-of--way, construct landscaping, pathway(s), and noise mitigation along Locust Grove, as required by ACID and the City of Meridian. Exhibit B r ~ ~ CTIY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE dT~ FEBRUARY 13, 200? 1.2.5 Prior to signature of the final plat by the City Engineer, the existing access to Locust Grove Road shall be abandoned. All homes within Eastwood shall take driveway access internal to the subdivision. Place a note on the final plat to reflect the access restrictions. 1.2.6 Dedicate and construct all public internal roadways to meet ACHD's road design standards. I.2.7 Provide a street connection (Carina Avenue) to the proposed Reflection Ridge Subdivision to the north, as depicted on the preliminary plat. 1.2.$ All existing buildings that span across proposed lot lines or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated, or made to conform to city code prior to signature of the final plat by the City Engineer. 1.2.9 All homes within the subdivision shall contain at least 1,200 square feet of living area. 1.2.10 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 Slone Subdivision. 1.2.11_ 'T'he Annlicant shall note on the face of the final plat that the home~on Lots 10 13 Block 1 have a single-~atorv restriction a_nd tI+ t Lots 11 13 Block 1 have a m;nim„m 7n foot rear set Is. 1.2.12 The landscape plan prepared by Harvest, Design on October 27, 2006, revised on October 27, 2006, and labeled Sheet LS-1, is approved with the following modifications /notes: • Provide 0.389 acres (5.15% of the site) for landscaped open space. • As required by UDC 11-2A-5, provide a 25-foot wide street landscape buffer along Locust Grove Road. Said buffer shall be constructed wholly outside of any right-of--way. • Per UDC I1-3A-7A-7b, all fencing adjacent to common shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas on the landscape plan to reflect this requirement. • Coordinate a tree mitigation/preservation plan with Elroy Huff of the Meridian Parks Department. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.13 Maintenance of all common areas shall be the responsibility of the Eastwood Subdivision Homeowners Association. 1.3 GENERAL REQUTREMEN'TS-PRELIlVIIlVARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Locust Grove Road pursuant to UDC 11-3A-17. 1.3.2 A111ot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A 11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant ahauld be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle--point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed Exhibit H ~~~ ~~~~ CTtY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF FEBRUARY I3, 2007 to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-2$. 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within ZO feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Stars failure to cite specific ordinance provisions or terms of the approved annexation I preliminary plat does not relieve the applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in E. Wrightwood Drive. These mains are temporarily flowing out of shed. If this development intends on severing this property prior to the Black Cat Trunk connecting to the Glacier Springs Diversion manhole the Applicant shall be responsible to install an off-peak pumping station. The stations design and location shall be coordipated with the Public Works Department. 2.2 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. 2.3 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. 2.4 Water service to this site is being proposed via extension of mains in Reflection Ridge Subdivision. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with public Works. A second water comiection to the main 'n .ocu_at Gmve shaL1 be required to sure ad~~ate fire flown location of this action shall be coot mated with Public Works prior to cgnslniction plan annrpva] ;s a; ahalt be nlar_.~ in a common lot. a minimum of 20 feet wide and covered by a City of err 'an water easement. Z.5 The existing house shall be required to connect to City services. The Applicant shall be responsible for payment of the assessments prior to signature on the final plat by the City Engineer. The Applicant shall be responsible for the actual physical connection to the services prior to issuance of Certificates of Occupancy. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement Exlu-bit B {~ • ` .. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF FEBRUARY 13 2007 with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants), 2.8 The Applicant has the pressure irrigation system in this proposed development is to be maintained as a private system Since 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. 2.9 The City of 1Vieridian requires that pressurized inigation 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. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large Landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1~ and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be 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. 2.1 S 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. 2.16 All development improvements, including but nat limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 Tt 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.I4 Applicant shall be responsible for application and compliance with and NPDES Pezmitting that ~naay be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF R]~'ORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 that may be required by the Army Carps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post OfiHce. Where mailboxes aze located on or near sidewalk the Applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.23 'The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high pressure sodium streetlights, on 2S' pole shall be required on all public residential streets. Two hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement an 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 na further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building 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 Gode 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 Hydras shall have the 4 %x" 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 l8" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads, and cul-de-sacs shall have a tur7ung radius of 28' inside and 48' outside radius. 3.S Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Building setbacks shall be per the International Building Code for one- and two-story construction. 3.7 The existing home shall herein be addressed off of North Carina Avenue. 3.8 All portions of the buildings located on this project, including the existing home, must be within l SO' of a paved surface as measured around the perimeter of the building. Exhibit B ~.. ~ i" CITY OF MERIDL4N PLANNXNQ DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF FEBRUARY 13, 2007 3.9 There a portion of the facility or building hereafter constructed or moved into ar within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Any interior fencing adjacent to common areas and micropathways, including along the drainage Swale access, shall allow visibility from the street and shall not excel four feet in height is solid fencing is used. 4.2 The common lot on Block 2 will not be adequately lit. Provide street lamps at the north and south boundaries instead of one centralized lamp at the eastern boundary. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES DEPARTMENT 6.1 SSC has no comments related to the application. 7. ADA COUNTY HIGAWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS 7.1.1 This portion of Locust Grove will develop to be a 3-lane arterial roadway within 70-feet of right- of-way. Twenty-five feet of right-of--way currently exists, so the applicant may do one of the following; a. Do not dedicate right-of--way and construct a 5-foot wide concrete sidewalk not closer than 28-feet from the centerline of Locust Grove Road and provide an easement for the sidewalk. b. Dedicate 10-feet of additional right-of-way and construct a 5-foot wide concrete sidewalk not closer than 28-feet from the centerline of Locust Grove Road. The District will buy the additional right-of-way from the applicant. The right-of way purchase and sale agreement and deed must be completed and signal by the applicant prior to scheduling the final plat for signature by the ACI-ID Cor~ission or prior to issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a S-foot attached concrete sidewalk 41-feet fram the centerline of Locust Grove Road (measured face of walk to centerline). 7.1.3 Locate and construct the internal roadways as a 36-foot street section within 50-feet of right-of- way complete with curb, gutter and a 5-foot attached concrete sidewalk, as proposed. 7.1.4 Construct a stub street to the north, North Orion Avenue, located approximately 520-feet west of the centerline of Locust Grove Road (measured centerline to centerline). This stub street shall F.xhi'bit B ~,. ~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT 1:OR THE HEARING DATE OF' FEBRUARY 13, 2007 align with and connect to Dazzle Way, within Reflection Ridge Subdivision to the north of this site, and will provide principal access to the subject site. Actual alignment is required and the applicant is dixected to work with the northern development for the exact location of the two roadways. 7.1.5 Direct lot access to Locust Grove Road is prohibited anti shall be noted on the final plat. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.4 Constntction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupaucy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also lrnown as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIlVE (1-800-342-1585) at least two 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 rent to change the planned use of the subject property unless Exhibit B i ~ ~f CITY OF MERIbIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HEARING~tATE OF FEBRUARY 13, 2007 a waiver/variance of said requirements or other legal relief is granted pursuant to the law ire effect at the tune the change in use is sought. 8. NAMPA /MERIDIAN IRRIGATION DISTRICT 8.1 Coordinate with John Anderson, Water Superintendent for NMXD, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained an-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31-3805. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 9.2 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. 9.3 Run-off is nat to create a mosquito breeding problem. Exlu'bit B ~~ ~ {:- ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Legal Description and Annexation Map .., Nei. 06-1,1? ~ - .. ~ ~ . . ~ ~ .. . .. A,l,.oflaad_b~giR,~.~eAT.5~1•aff~ie~~]t2i~t~o_.'.3L-.-.V4:ofd . - ~.,~.~ : ~. ~ ~r:e~.:co~~~•i.; ?~;. tom... . -• :nor: v~:: ~to-te~ 29 mad 30'1s • •• ~ ~ ~ - ~a~ .. - . ~ ~ ~igp~cted in Boat ~ of Pis-~• ~ X939. ~Aeka . ~ . :sP4.tlo.too.~.~Tac.+~e~l~~be~±i~~n~.1~g~~il~of~sa u4. ~ ~ • . ~ .. -~.ss r ,Dodoes air ~e~. • .. ~ :. - . °.~...._~ _ ~.c.. .. ~-;. . , l ~ .. , , t>~j ~ ~ .. aq~~• :N'rvfe.eaa!•o~n~t-1 !a~•d• •;'~t~•r•.1Kt~~.ro~~; Exhibit C D. Tia~r.. PYB. ~' ~ j -- CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI3E HEARiN• DATE OF JULY 20, 2006 ~i o z ass WQRYC~t QEPi: I~:.~~ tj~s r~ '. Exhibit C t ~' CITY 4F MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Coandl shall make a fall investigation and shall, at the public Leering, review the application. In order to grant an annexation and/or rezone, the Council shall make the foIIowing findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property R-4 (Medium Low-Dextsity Residential). Cauncil finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Gaels, Section $, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residences are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying let sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Planning Staff recommend that Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon fire delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest of the City (7JDC 11-5B-3.E). Council finds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. Council finds that Annexation and Zoning of this property is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision malting body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. Council generally supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate Extubit D f' CITY OF MERIDIAN PLANNIATCi DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) c. The plat is In conformance wlth scheduled pnblic improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is pnblic t3nancial capability of supporting services for the proposed developmem; The Commission and Planning Staff recommends that Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the pnblic health, safety or general welfaxe; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to Council's attention. ACRD considers road safety issues in their analysis. The Commission and Planning Staff recommend that Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves slgni5cant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Planning Staff recommend that Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scezuc feature(s) of major importance of which the Commission and Planning Staff is unaware, Exhibit D C~ April 13, 2007 • MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-F REQUEST Budget Amendment for Parks and Recreation Office Assistant for Reclassification of funds of $7,042.00 from Finance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ' CITY SEWER DEPT: CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented a# public meetings shall become property of the City of Meridian. ~. W D~8~~ ~~~o$ O O O.~ O ~ C ~~C U'~O 0 N ~ ~ ~ ~ (~ ~ ~~__~ Z i. a ~ c _~c o ~ `~ a N C~ ~C ggg~gg~ O O O~ C~ N `m~a'g~ c $,~ N ~ N O ~~ m~ ~ ~ >~~~z a~$mm ~$ `~`~ $= E~ a~j v a^ a.~ u'~.= m ~ o~v Z W D OZ ~ W W ~ ~ m ~ ~ ~. ~°~m ~mo~ O O y r d ~ $ ~ O w ~~ ~~ m~ o~~o E [N0 }~. 7 3 1fj ~ C N .O v mU c m'$-~~ ~~~~ o $ ~ E N .~ ~ ~ dot ~ s $ o F ~ ., c m ~ ~ ~' W C cd ~ E m ~ ~o~m mom' m~ ~~~~ WU O~ zm oZ F ~ J ~~ Z N C Z ~ ri a U~ y ami LL C L ~~~ N C o ~~ d m ~ ~ ~ ~ m m m' 'o 8 - e 0 10 ~ O O LL g mm U ~ ~ L LL m ~ E ~ c H m ~ $ E m ~ ~ ~ W m O ° t~ ~ 3 3 ~ ~ LL a 3 E w Z 2 Q C y 3 0 ~ 0 0 V O P N N M N ~ C N 1 +l N M 0 0 0 ~ o ~ v P a e a r' v N a N v 0 N v d ti~ ca a O o~ tl 0 O l~0 a 0 a p° a c N ~ o ~ > Q N p0", m ~a t~ 3~ O N ~~ Tm L ~ ~~ ~~ offo ~ Q m C _~ ~~ ~$~ v $ $ smm N - w 0~0 m N T ~ t N ~ O C g~H ca o m a r 'O C x W r C E ~n V e ~ x W c O 0 O F T N W m g a '~Cj 7 ~~ a~ ~m c O c `o 0 m E ~ C Q O a ~ m ~` ~ ~ ~ c E '~~ a~ c $' E O Q ~ m ~ g, ~~~~~t+~o~~es ~ i i! ~ l nrrrrr~~ s. 0 !, \ ~ ~[7' /~ ~ '~ ~: ~~ `~~ ~' ~ ~~ iii// ~. ~`\ ',/,~ x!!!!1)111 ~~~~`~ '~ W ~a ~~ ~ W ~~ ~ ~ ~~ ~ W O LL ~ U~ a O~ o~ ~w ~d ~w w C7 mo F- ~ m J } F aZ U~ ^` WV ~ w iq U ~ ~ a a April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-G REQUEST Budget Amendment for Mayors Office for Community Development Consultant Agreement for X42,995.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See afFached CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. '~ m e c .~0c v 0 a Q ~ ~ ~ 3 <°'~~'S o C ~ ~$~~~ rg~ ~~ ~o m~ ~9 ~~~~°Fm c°cc'SE$~ m o ~ o, t ~~ W E ~ ~ ~~m~~~~ ~~~~ ~~ m wm~~ ~8~E~ ~ ~~~.~ c .°3g~i u'~.= m.~E'S~a ~ Z ~~ . W d' ~ ~ m 's W C9 ~ ~~ V m O F- s ~ ~ .~ ~ ~ s .~ ~ € `° ~S ~ E v ~,~~Em 8 m gg ~UE7S>mm N ~ G ~ C ~ ~ W ~ E9p ~~lyg~ c'fi~~~ $ g ;~jj Z`,QQ m U U to °..ic3 ~ a m ~ w c ~ of m (~ ~ ~ m 8 ~ ~Y W$~~ t0 ~ LL m. Q m~~ ~~~ E ~ ~ ~ ~ ~ m EE ~~~~ ~~ ~ma{~p ~~ m ~A W ~ m ~~.m F`~S ~QQ~Ya ~~$m~f° FS m19 ~mz ~'~a wU~ F W }}~ Z m W o?~ ~~ ~ '~O 0 °a W a m $ ~a ~~ ma m ~a ~ 'uS c cma° C C IL Q ~ Sg$ ~S&'~ ~~~ N ~6~`1~441141111I11/!!/J~~/s`s ('g, °ss ~`® "~° si ~. `~ ~ ~i _ $ ~ "~ ~. e :~~~ ~~ ~: ~~ JJJrr1t 11`i w ~O wa ~a W ~ 0 ~ • g t= ~ ~w 0 LL ~ ~ ~? a ~~ P o~ 6 p~ ~ Z 2 K~ ~a K~ w C7 I m7 ~ y aD ~ ~ J a i ~O p~ i W U Z W yU April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-~"~ REQUEST Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials• Materials presented at public meeHn~s shall become property of the CNy of Meridian. • . zd 0 a W O V 22. pgm ~~ c~ ~~o~~ z~~~ ~ ~ ~ m ~ ° ~ ~ a ~.om~ $LL -,~m~~'Fi v c m ? L O O - m~oc~~~ m~a•$~ ~~•~~ u-Ca 0~0'c~ c~~~~ N,p l0 O ~~ N •~O m~~~~~~ ~~ ~ 8$ ~~ ~~ oD.Zt p~ p•7 3 ~U m u'~.=m~o~v t m m o m rn Z ~~ c o~ ~0 w O C m~~~ O ~~p ~ fC0 N Q L' 7 E tF N S~ O w O LL j~~~ m -~ •~ N E y 0 ~•° ~ m ~ 43 m `° ~ ~- -mad-3~'5 ~c~ N m ,~ l0 O O ~•~ °~ O~.v4y8~c ~~~ O C C p= •C 3 y T U C p« .G m~~ m C y C •O StY y N f0 O •~ N ~ T~~ N CL_G f0~ O ~ O. m ..~- y L ~p 3 ~ ~[ 'C~p O C C O .yC y C2 C O. O. f~ cy ' C O. ~ Y E m m ~ ~ ~ m mo°'~o~ H v 3 v ~ m c '~ c 0 'e m~ O G 3 C N ~ H H fC0 3 m ~~ mtOE~~~am~~ ~ C~ 3 m ~ N L Y O• 7 E° 3~~s m m•n ~~ O ~ 7 ~ 8 ~ w ~° "'c E~~ c m 3 m~ m O R O T C Q~1 L t~ ~ ~ m •O C `~~Qf 0 ~ « Of ~ m c a~-~`~ ~a L~ m cm L S ~O y •p ~C(pp Q~ m m C ~ .. 3 •L ~ ~ U ~ ~ C CQ S~ •O) O T~•~t O~ Z~uN., m ~ mm 5 C N N N m C N O H y ~ p•o•"c~~v c mLw m t ~°~ , v t m p m l ~ c v~ o~' S Q 3 t0 3 0~ t N C O w O O •,~NO 0 a n a a O y~ o= a m d N m ~~ ~ ~C N U F- 'c Qy ~ t H ~~~~ O A O ~ y y ~ ~. 3 ~m`~m w~ 8 m ~ N 3C ~ O 8 C O y l0 m a A a~ ~ ~ ~ C O C m m 0 ~ p c 'o c 'v ~ m L' 3~~n m :.° A C m C ~ ~ gc '~ O. a r,, m o ion g o ~ o •~ L ~~~~m C a ~ crn ;~S~m mo ~~ EQO~°y m~~ ~ «~ y m L Q ~ C Y c a~ m ~ ro c ~ ~ ~ ~x W H y~ L ,> 9 ~ z e F ~ ~ ~ O O ~ O w O +t-. H q T Q 3 m `o C H 1° c U ~ .~ a m 9 1 L ~~ y L y~~3 c c 7 y ~ LL ~+ o ~ ~ `p h ~ m LL m ~v« ~ a~ ~ ~ O m N Ci ~ > o o g~ x ~ <'~ ~ ,o u. ~ Y V g, o `O ~' m a n '~ o' <» ~ _ ,„s~1\\1\4h 1 f 1 U tAAAAdfo d~®! OQ a ~> ~~ ~. ~ ~, e ~ s ~\ ~ o fl7i 1 aW ~a w ~~ ~ ~ UW ~O aF u. ~ U~ ~ ~ LL~ ~ ~ ~~ c ~ ZZ ~w ~~ ~ ®~ °~ ~ (~, a ~ \~ o~ _ U~ m `, `o W Y ~ \V~ 0~0 v~~i c=i ~ F ~~ ~~ April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-I REQUEST Approve Beer & Liquor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 North Meridian Road to 1646 North Meridian Road Suite 100 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: Matertals presented at public meetings shall become property of the City of Meridian. ~,; April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-~ REQUEST Approve New Beer and Liquor License for Toowoomba, LLC dba the Whitewater Saloon at 1646 North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: V-I ' ~ Date: Phone: Staff Initials: Materials presented at publk meetings shall become properly of the Cffy of Meridian. April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-K REQUEST Approve Beer, Wine, Liquor License Renewals AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe CHy of Meridian. COMMENTS y c~r~' • Development Inc -West of Meridian Road and North of McMillan Road: Approve D. Findings of Fact and Conclusions of Law and Order for Denial: PP 06-064 Request for Preliminary Plat approval for 16 building lots and 4 common lots on 4.0116 acres within the R-4 zone for Cold Creek Subdivision by BSC, LLC -north of Ustick Road and east Ten Mile Road: Table to April 24, 2007 Add Request for Reconsideration on Next Agenda E. Development Agreement: 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: Approve F. Budget Amendment for Parks and Recreation Office Assistant for reclassification of funds of $7,042.00 from Finance: Approve G. Budget Amendment for Mayors Office for Community Development Consultant Agreement for $42,995.00: Approve H. Budget Amendment for Fire Department Refurbish of 1982 Pierce Fire Engine for $179,496.00: Approve I. Approve Beer and Liquor License Transfer for the Whitewater Saloon to the Backwater Saloon by Gary Bates from 1646 N. Meridian Road to 1646 N. Meridian Road, Ste. 100: Approve J. Approve New Beer and Liquor License for Toowoomba LLC dba The Whitewater Saloon at 1646 N. Meridian Road: Approve K. Approve Beer, Wine and LIQUOr License Renewals: Approve Backwater Saloon Whitewater Saloon Bill N Lynn's Place Bill N Lynn's Back Room Chicago Connection -1629 N. Main Street 1935 S. Eagle Road . Divine Wine Tony Roma's Cafe Indigo /Courtyard by Marriott The Cigarette Store 43 North Meridian City Council Meeting Agenda -April 17, 2007 Page 2 of 5 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. April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S-L REQUEST Permanent and Temporary Easement Contract for the Norfh Black Cat Trunk and Liff Station of Quenzer Farms, LP 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: 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. ~' ° r Memo ~3t~ ~~ ~feri~an ~ ~~.~?~~ To: III Berg; Tara Green From: Clint Dolsby, Staff Frigineer CC: Brad Watson, Public Works Director Date: 04/12/2007 Re: Proposed Agenda Item for April 17, 2007 City Councl Meeting The Public Works Department respectfully requests the following item be placed on the April 17 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temaorarv F~sement Contract for the North Black Cat Trunk and Lift Station. A permanent and temporary easement has been signed by Quenzer Farms LP for the lift station site and construction of the pressure sewer on their property on Black Cat Road between Ustick Road and McMillan Road for this project Recommended Council Action: The Public Works Department na;ommends that City Council approves the permanent and temporary easement contract for the lift station site and construction of the pressuroe sewer on the property on Black Cat Road between Ustick Road and McAAillan Road for the Quenzer Farms LP and authorise the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 City of Meridian 33 East Idaho Street, Meridian,lD 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 North Black Cat Sewer & Lift Station Parcel # and Owner: SO434233655 Ouenzer Farms LP Date of Offer: Apri15.2007 THIS RIGHT-OF-WAY CONTRACT, made this Sih day of April 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Ouenzer Farms LP ,herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Lift Station Site, a Permanent Sanitary Sewer Easement and Temporary Construction Easements included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VrtLUf: Vr1l.UATION F.r1SEMEN'C VALUE (Ftz) ($lFtz) FACTOR ($) Permanent Easement 65,558 ** ** Sewer Site 29,534 ** ** Temporary Easement 83,591 ** ** TOTAL EASEMENT CASH SETTLEMENT AMOUNT ** ** The land values are to be determined by an independent land appraiser. The City of Meridian agrees to pay for said appraisal and this document will be revised with the actual land values once they are available. B. The CITY agrees to provide GRANTOR with block-outs from the trunk sewer manholes at mutually agreed to locations where the trunk sewer traverses the subject parcel. C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. D. The CITY agrees to repair and restore the ground to a condition similar to the pre-construction condition. 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options far just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: ^ Cash Payment in the amount of , X Donation value of the easement NA *~r 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the Cl'fY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. Page 1 of Z 1-1F'r.ry~~tMemg TnU'HKUiI-US-n26MrriJuur NurtA Blm~k C~t~u.cncros~uenzm conu:u.Ynlnr IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN GRANTORS ,~ By 'Tammy do Wccrd, Mayor Dine: ATTEST: William Berg, Jr., City Clerk Date approved by Council: Managing Page 2 ui 2 Y:\PrafcctMunn~rxU'H KU0.~5-D26Mrrhl ian Nonh)31ack C;u\fiamnrcn)slQuci¢cr romrun.Jcw ~ ~ CI'h/ Of Nleridlnf'1, PYbilc 11V01'~CS Enginnering /ntergOf~ce Memo T« Tara Green Fno~rre I(arie Glenn Dee 5/3/2007 Rey Original / Recopied Dots for Vault 107063800 5/3/2007 SEWER Quenzer Fatms LLO RECEIVED MAY 0 2007 City Of Meridian City Clerk Office Black Cat Sewer ~ Lift Station easement From the destc of... Kane A Germ Dept S~cia6~ Supervisor Public Works: Errg6teerutg Divffiion 660 E Watertovwer Ste ~0 iwerkiiarr, Idatw s36a2 X600 tom) es~oo Fart (~ 89&9Ei51 r Page 1 ADA COUNTY RECORDER ,~IIID NAVARRO AMOUNT .00 12 BOISE IDAHO 05J03/07 01: M DEPUTY Neava Haney III I'~IIIII'IIIIIIII"III'll'I'I'I'll RECORDED-REQUEST OF i ~-~~~~~a~ Meridian City This sheet has been added to document to accommodate recording information SANITARY SEWER EASMENT N BLACK CAT SEWER & LIFT STATION QUENZER FARMS LP ~ ~ SANITARY SEWER EASEMENT THIS INDENTURE, effective this 5t" day of April , 2007, by the undersigned Quenzer Farms LP, who maintains a mailing address of 4020 N. Black Cat Road. Meridian ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer lift station and right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer pipeline over and across the following described property: (SEE ATTACHED EXHIBITS A-1, ROS 7553, A-2, A-2.1 and B-1, B-1.1, B-2, B-2.1) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeline and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer lift station and pipeline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. Page 1 of 3 SANITARY SEWER EASEMENT ~ ~ 2. HOLD HARMLESS, In consideration of allowing Grantee to pertorm work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) ss County of Ada ) Grantor: Quenzer Farms LP By: Eugene Quenzer, anaging Partner On this ~ day of ~ ( , 2007, before me ~ ~~o-~ ,9=. ~j,~cyc/ personally appeared Eugene Quenzer, proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the sarrde. p ~ OTAR "; . ~ Y *• - -- ' ~? j°t, ,:, m s .M ,~' SANITARY S~W NOTARY P My Commission Expires on //- /3 •G7 Page 2 of 3 • Beneficiary: CITY OF MERIDIAN ~~~ \\```\,`~`~IIIIIIII(((d J~ By: € lp~`~a Tammy de W er ayor ,o~` ~,'~~ ~~~ ~:; ~° ~% ATTEST: ~ - William Berg, Jr., City er = ~ nn ~ - Date approved by Council: tb ~~~ 17 Zook ~ ,~ ~`:= 'l//~(~~~I11f81 li~llti~e9~`` STATE OF IDAHO, ) ss. County of Ada ) ~~~G l -~ On this day of ~~- , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) • < i e ~~~ ~~ ~'1(~yy~;~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~'G~~4~-9 ~~' MY COMMISSION EXPIRES: I . S Lln--~ S~ I~~ SANITARY SEWER EASEMENT Page3of3 Project: 10-05-026 Date: September 15, 2006 EXHIBIT A-1 PARCEL DESCRIPTION LIFT STATION SITE That portion of the Northwest ~/a of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on a Record of Survey 7553, Instrument Number 106146886, and more particularly described as follows: Commencing at the West'/a corner of said Section 34 from which the Northwest comer of Section 34 bears North 00°27'22" East, 2,631.60 feet; thence along the Westerly boundary line of said Northwest ~/a of Section 34; North 00° 27'22" East, 515.56 feet to the POINT OF BEGINNING; thence continuing North 00°27'22" East, 135.81 feet; thence South 89 ° 32'38" East, 195.00 feet; thence parallel with the Westerly boundary of the Northwest'/ of Section 34, South 00°27'22" West, 170.44 feet to the Northerly boundary line of the Five Mile Drain; thence along said line the following two courses: North 78° 15'37" West 155.40 feet; North 83 ° 53'05" West, 42.81 feet to the POINT OF BEGINNING. Containing 0.678 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. GEH:Ihc H:\PHK\10-05-026-Meridian North Black Cat\Admin\Descriptions\UFT STATION.doc • ga . / ~~ ~¢ ~~ ~. l ~ ~ 6r=~j f I~ ,~ ~~ ~~~ ~~~~Q ~~~~ ~ ~~~ a ,~~~~ ~~~ a~ ~~ ~ ~~~ 1 f ~ e ~ ® f ' I ~ f ~' ~ ~ ~ a ~ a ~ ~b ~ ~ ~ } .~ ~~a ~~~ ~~ }~? ~ ~~~ ~'~ kIv ~~ ~~ k ~~ "~ ~ o J ~ ~` ` ~ ~ RECORD OF SURVEY FOR CITY ~~ M~RIDAIN / QUENZER / NMIQ J-U-B ENGINEERS, Inc. 2so s. BeecnwaodAv~u~s ~ ~ 8 J ~ . - 3 ` ~ ° A PORTION OF THE NORTHWEST 1/4 SECTION 34 W~ ~~ BDI~• Idaho X709-0944 Is C ~ , TOWNSHItq 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN ~+e:2a.~ar.~ ,~ . MERIDIAN, ADA COUNTY, IDAtiE} Faa:208.323.~ ,~,,,_~,,~,,, ~, u ears ~ e~ws . BIACi( CAT ROAR f¢eaas' - - ~ r ~ - ^e aj ~~ ~i ~ ~ !! :< ~ro.sr t+ z ~~~~ ~ ~ 8~ g~ ~ ~i~fs 8 ~ ~ S° f7 ~~ ~,-, , ~~ I~ ~~ ~S :~ ~ Project: 10-05-026 Date: April 5, 2006 EXHIBIT A-Z PARCEL DESCRIPTION PERMANENT SEWER LINE EASEMENT That portion of the Northwest ~/a of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Beginning at the Center ~/a corner of Section 34; thence along the South boundary line of said Northwest Ya with and North 89° 15'04" West, 1,049.42 feet; thence North 78 ° 15'37" West, 37.26 feet; thence North 33 ° 15'37" West, 88.16 feet; thence North 44° 30'37" West, 188.03 feet; thence North 55 ° 45'37" West, 57.03 feet; thence North 78° 15'37" West, 1,326.76 feet to a point on the Easterly right-of-way line of Blackcat Road; thence along said right-of-way North 00°2T22" East, 24.47 feet; thence South 78° 15'37" East, 1,336.33 feet; thence South 55°45'37" East, 64.16 feet; thence South 44°30'37" East, 192.76 feet; thence South 33 ° 15'37" East, 86.33 feet; thence parallel with and 24.00 feet Northerly of said South boundary tine of Northwest ~/a, South 89°15'04" East, 1,044.23 feet; thence South 44° 30'3T' East, 34.10 feet to the POINT OF BEGINNING. Containing 1.505 acres, more or less. END OF DESCRIPTION Prepared by: ~p~. Lib J-U-B ENGINEERS, Inc. c~S~~l ~~.ST$,~, Gregory E. Holkesvig, P.L.S. ~~ `~ ~ ]~ .._ ~,~~~,I)~i5~odc~ ~.~'J1~ al= ~~ ~~ ~`'~.'~~ E. ~Ot~~ GEH:Ihc P:1PHK\10-05-026-Meridian North Black Cat\AdminiDescriptions\QUENZER-PERM A-2.doc `] ~ S44'30'37'E 34:10' ~ ~--- P.0.6. ( / I C. 1/4 COR. SCALE: 1 ~=100' ( I I ( N( Id ~ ~I ~~ ( I I I ~~ ~3 ( ~I I$ j ~i IZ I I ( I I ~ I I :.~•~ ~ ~~ ~ i !~/z i~ ,~o,`bj ~•/~/ /~~ :yam/ ~ /~ ~ ^ / / ~~~~ ~~'~ ^~ iy ~ / ~~. { / / O~ z`yh~. ~~ ~~ ~~ I ~I ~~ ~ ~ / ._ ~j~ `~Q 1 ~ ~ ~3 ~~~~.g~srE,~ s r y~ l~ ~ ,y~ ~m ~ 846 ~ ~Z c ~'~Il~fS~o(y ~o j ~ ~ ~°~` ~rE `o~ ,mac' S ~ .L / copy E. Hp`~~. ~N00'27'22'E 24.74' ra • • Project: 10-05-026 Date: April 6, 2006 EXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Northwest ~/ of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the West ~/a corner of said Section 34; thence along the Westerly boundary line of said Section 34; thence North 00°27'22" East, 634.73 feet; thence South 89° 32'38" East, 25.00 feet to a point on Easterly right-of-way of Black Cat Road being the POINT OF BEGINNING; thence along said Easterly right-of-way tine North 00 ° 27'22" East, 50.00 feet; thence South 89 ° 32'38" East, 200.00 feet; thence South 00°2T22" West, 209.79 feet; thence North 78° 15'37" West, 50.99 feet; thence North 00 ° 2T22" East, 149.81 feet; thence North 89°32'38" West, 150.00 feet to the POINT OF BEGINNING. Containing 0.408 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. r..ly~ iT~~Jp ~. ~~,,~IrlS~~ ,~~ ~~ ~ ~ r ~~-~ ~ OF l~~ ~~~ ~S' E. ~i0~„~- GEH:Ihc P:\PHK\10-05-026-Meridian North Black Cat\Admin\Descriptions\QUENZER-TEMP B-1.doc S89'32'38"E 200.00' ...______~~__.___~.____ W i _- ~ ~ol I S89'32'38"E o ~°n I I 25.00 ' I I __ P.O.B, ~ ___._ __ N89'32'38"W 150.00' l I I ~ I (n I N ~ t _ ~I .- I I ~ I I3 ~ I I~ o ~ W IS r ~ I I N i p I ~ ! >v D Z I ~ l I I g 1--- ---- I ~ ... _ - ~-- i °° -` -- - _ `' `` I I I '- -~_ n I _ N78y53 ,'~ J m j $O, g9. W ,v Z N. SCALE: 1 "=50' LAMO W. 1 /4 COR. SEC. 34 --~ vas: ~s•rEr~ B-1. v ~ •.s ~ 1~15~d V 1 QUENZER LIFT STATION .a.~.... T.-......... _.. _ -- •--- - Project: 10-05-026 Date: April 5, 2006 EXHIBIT B-2 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Northwest'/a of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Beginning at the Center'/e corner of Section 34; thence North 44°30'37" West, 34.10 feet; thence parallel with and 24.00 feet North of the South boundary [ine of said Northwest ~/a of Section 34, North 89°15'04" West, 1,044.23 feet; thence North 33 ° 15'37" West, 86.33 feet; thence North 44°30'3T' West, 192.76 feet; thence North 55°45'37" West, 64.16 feet; thence North 78° 15'37" West, 1,336.33 feet to a point on the Easterly right-of-way line of Blackcat Road; thence along said Easterly right-of-way North 00°2T22" East, 20.39 feet; thence South 78° 15'37" East, 1,344.29 feet; thence South 55 ° 45'37" East, 70.11 feet; thence South 44 ° 30'37" East, 196.70 feet; thence South 33 ° 15'37" East, 65.61 feet; thence parallel with and 54 feet North of said South boundary line of the Northwest ~/a, South 89° 15'04" East, 1,064.55 feet to a point on the East boundary line of said Northwest'/4; thence along said East boundary line South 00°43'45" West, 54.00 feet to the POINT OF BEGINNING. Containing 1.511 acres, more or less. END OF DESCRIPTION Prepared by: ®~~„ LA,,,tp~,. J-U-B ENGINEERS, Inc. ~g1 ~LST$,~ ~,~~, Gregory E. Ho[kesvig, P.L.S. ,~'`~ '@~ a., RMH/GEH:Ihc P:\PHKNO-05-026-Meridian North Black Cat~Admin\Descrintinnc~nuFN7PR_rvuo R_~ ,,,.. u S00'43'45'W 54.00' r - ~}---- P.O.B. I ~ C. 1 /4 COR. 1 I ~N44'30'37'W SCALE: 1 "=100' I I ~ 34.,0' I I I "I ~I ~ ~I of I I ! I I I WI dl ~I ri { ~I ZI I I I I I I i I I I I I I ~~ ~ J y ~,~~ ~y'3 -'` / /N ~°'/ 61~~ ~ / '`9/ .F.///~N ~~ ~ ~ / ~/ ~•~ / / '` ~ / ~/ ~~ 6°i ~~ / N/ / ~,~ (/ ~ ~ ~~G ^~ /~3 / hc~~~~6 STEq ~ yi ~~ ~ ~ 46 ~1......J Ry E. HO`s N0027'22'E 20.39' °"~°""'~"~'' _ --- EXHIBIT B-2.1 .~,~,,.~ ,~~;~ rJ.V.B , !H UBEO, PI WFWIBOR PAiff, 18 E7fPRF88 W WT7By h.e. DPANtBq I70.: DFUIWN By: BAN tll IGAI7CQ TC\AD/'1CA ov nnun~-rn a.~ra....-... ~. ,~..~ ~ ~ April 13, 2~7 Department Reports MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Public Works Department ITEM NO. 6-A-1 REQUEST Request for Direction to Pursue Purchase and Installation of Tertiary Filters for WWTP 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 r ~° ~9"~ ~ ~~ ~ ~ w~ ~ "~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: William Berg, Jr. From: Lenard Grady CC: Brad Watson Date: 4/13/2007 Re: Proposed Agenda Items for April 17, 2007 City Council Meeting APR a = ~0~7 City Of Ii~Ieridiari City Clerk Oi-~fice The Public Works Department respectfully requests the following item(s) be placed on the April 17 City Council under Department Reports: Tertiary Filter Purchase - WWTP: The tertiary filter system is failing at the WWTP. Public Works has considered several options for replacement of these filters and has determined that the best option is a retrofit to the existing 16'x44' sand filter with a cloth filter. The configuration of the new filter would contain 8 parallel diamond-shaped filters running the length of the bed. The net result will be more than a 300% increase in filter capacity and significant improvement in effluent qualify. In addition to the 16'x44' filter, the two smaller sand filters are failing. Due to the increased capacity from larger filter, Public Works is not recommending a retrofit of the small filters at this time. Upgrade of these filters will be requested in the 2008 budget. It is anticipated that at some point in the future (1 to 10 years), effluent limits for Phosphorus will be reduced. The cloth filters are capable of significant reductions in Phosphorus. If the Phosphorus limits are set extremely low, we may need to add a "finishing filter' after the cloth filter, but the cloth filter is expected to do the majority of the work. The cost of the filter equipment will be around $725,000 plus tax. The removal of the sand filter and installation of the cloth filter is estimated to be around $200,000. Public Works will negotiate with one of the contractors on-site and pursue a change order to their contract for installation. Engineering is expected to be around $75,000. A budget amendment for purchase and installation of these filters will be required. F~cnca~x°f •. Public Works will be recommending asole-source purchase of this equipment. i.~a c,~ay cily Fn~~ CH2MHill has researched the types of filters that can meet our needs and fit in M~a;~i~>icw~~ our existing structures. The have determined that Aqua-Aerobic Systems ~oE•w~ww~;s,licezoo produces the only filter that meets our requirements. Supporting Mendian, ~'° 83~a2 documentation will be supplied with the request. Additionally, Public Works (208) 898-ss~ Fax: (208)898-9551 giadyl@m~idiancity.org ~ECEIV~I~ • Page 1 • ~ has requested and received Purchase Orders from previous customers so we can confirm that pricing is in line with other customers. Recommended Council Action: The Public Works Department recommends that City Council direct Public Works to pursue purchase and installation of tertiary filters and to bring back to Council a budget amendment, sole source justification, and final contract for purchase of Aqua-Diamond Tertiary Filters. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 April 13, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Fire Department ITEM NO. 6-8-~ REQUEST Ada County AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. S REQUEST Presentation of City of Meridian 2006 Environmental Excellence Award to Taco Time located at 785 South Progress Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: See attached 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 fh® City of Meridian. i ~ John Shawcroft, Wastewater Superintendent January 2007 Our recommendation for the City of Meridian 2006 Environmental Excellence Award is Taco Time, located at 785 S. Progress Ave. The Pretreatment Department has recently reviewed several different business operations for environmental excellence and impact to the City's Wastewater Services this past year. This is the first time our award nomination has focused upon a Food Service Type Company. The company Taco Time has displayed exceptional performance in the areas of grease interceptor cleaning service maintenance, implementing new Pretreatment Program, Fats, Oils & Grease Best Management Practices (FOG BMP's), and solid waste material management. This company's operational processes have not just come about by chance; Taco Time's General Manager, Lenora a long time employee has placed great effort to meet and exceeded City Code Pretreatment requirements for its kitchen operations. In addition, Lenora has been a pleasure to work with while meeting any pretreatment inspector requests or new program requirements. Please forward our award recommendation to the City Counsel Members and Mayor Tammy De Weerd. Sincerely Steve Maneck Pretreatment Program Manager Wastewater Department City of Meridian L October 16, 2006 • I would like to nominate Lenora Bacon for the 2006 Environmental Award for excellence in business. Lenora is the General Manager of Taco Time located at 785 S. Progress Ave. here in Meridian. Lenora started working for Taco Time while she was in High School in Ontario, Or. After High School she attended BSU and managed the Broadway Ave. Taco Time. Later when the Boise Town Square Mall opened, she managed the Taco Time at that new facility. She has been the General Manager at the Progress location since the winter of 1993-94. Good help is hard to find except when it comes to Lenora... she has worked for the same owner for over 25 years now. Taco Time is a fast food Mexican restaurant. The food is excellent; the kitchen is spotless; the outer grounds are clean and neat; the outside deep frying oil container is kept very clean; the grease interceptor is always pumped on time, and the employees have all been trained on Best Management Practices. I met Lenora in the spring of 1999. Since that time she has gone out of her way to comply with my inspections...I once complained about a large bush that was located right next to the interceptor making it more difficult to pull the lids...I asked if it could possibly be trimmed...next thing I knew, it was gone! A restaurant has never received this environmental award before, but I feel Taco Time under the management of Lenora Bacon is worthy recipient. Thanks, Rusty Tortorella. April 13, 2007 FP 07-007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Ronald Van Auker ITEM NO. 9 REQUEST Final Plat approval for 4 commercial building lots on 4.4 acres in a C-G zone for Cope Subdivision - 130 E. Overland 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: Date: Emailed: Phone: JIUII II IIIIU W. Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C April 17, 2007 IN THE MATTER OF THE ) APPLICATION OF RONALD VAN ) AUKER FOR FINAL PLAT ) APPROVAL OF 4 COMMERCIAL ) BUILDING LOTS ON 4.4 ACRES IN ) A C-G ZONE LOCATED AT 130 ) EAST OVERLAND ROAD LYING ) IN THE SW 1/ OF THE SW I/ ) (GOVERNMENT LOT 4), SECTION ) 18, T. 3N., R. lE ) CASE NO. FP-07-007 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 April 17, 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: Apri117, 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 COPE SUBDIVISION LYING IN THE SW 1/ OF THE SW '/ (GOVERNMENT LOT 4), SECTION 18, T. 3N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COPE SUBDIVISION / (FP-07-007) Page 1 of 4 DATE: 01/1107, SHEET 1 OF 3, HUNGER ENGINEERING, INC.", RONALD VAN AUKER., 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: April 17, 2007, listing 25 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 11 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 Munger Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from the Meridian Fire Department, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 2 pages, 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 "D" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their April 17, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FIlVAL PLAT FOR COPE SUBDIVISION / (FP-07-007) Page 2 of 4 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andlor 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COPE SUBDIVISION / (FP-07-007) Page 3 of 4 L J The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days 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 ~~1t~' da Y of ~ pt ~ ~ , 2007. ~ ~~ a~,. °~.~`°y~~ ,OR T de WEERD ATTEST: °°~ ~ ~'° ~ p• Ae ~ ~~ ~ ~ WILLIAM G. BERG, JR., ITY (>LE ~~ Copy served upon: / Applfc ~ B~~ ' ~®~~'` Planniri~>J~ t Q,.~~° ~ Public Wor~'~s'i~`ent City Attorney By: ~ nQ~J Dated: ~j-~-01 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COPE SUBDIVISION / (FP-07-007) Page 4 of 4 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r . "~ - a 3~ rw~ ~F ~~ t i'~ r ~ . ~~ STAFF REPORT: Hearing Date: April 17, 2007 - ;~= Transmittal Date: April 12, 2007 ~`~~" - q ~.~wc~ TO: Mayor and City Council ~'°~` _ FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Michael Cole, Development Services Coordinator ~ C, 208-898-5500 SUBJECT: Cope Subdivision Request for Final Plat Approval of Cope Subdivision Consisting of 4 Commercial Building Lots on 4.4 Acres in a C-G Zone by Ronald Van Auker (File# FP-07-007). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Ronald Van Auker, has applied for final plat approval of 4 commercial building lots on 4.4 acres of land for Cope Subdivision. The zoning district for the proposed subdivision is C-G (General Commercial). Cope Subdivision is located on the north side of Overland Road, and the east side of Meridian Road in the SW % of the SW 1/4 T. 3N., R. lE., Section 18. This property has not been previously platted. The City Council approved the preliminary plat for Cope Subdivision on October 3, 2006. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Cope Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-06-037), development agreement (Inst. #107005525), and preliminary plat (PP-06-035) for this subdivision. 2. Per the approved development agreement all proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer shall be constructed prior to any certificate of occupancy per the approved site/landscape plans dated June 2006. Per the approved development agreement and UDC 11-3A-19 all structures within the development shall be subject to administrative design review and a Design Review application shall be submitted concurrently with the application for Certificate of Zoning Compliance. 4. The Final Plat approval for this subject phase shall expire on 4/3/08, if City Engineer's signature has not been obtained. Exhibit "A" FP-07-007 Cope Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Revise the year of platting from 2006 to 2007. 6. Revise the face of the plat to include the CP&F number for the S % corner shown on the plat. 7. Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Per the development agreement on this property, prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 9. Prior to signature on the fmal plat, the applicant shall submit a document showing cross access/parking for all lots within this subdivision, as required by the Development agreement. The cross access shall be depicted on the face of the plat. 10. The approved single access point to Overland Road shall be limited to right in/right out only. 11. The applicant shall be required to construct %z of South Country Terrace Place as required 1n the conditions of approval of the preliminary plat. 12. Depict a 25-foot landscape easement or buffer adjacent E. Overland Road and a 10-foot landscape easement or buffer adjacent to S. County Terrace Place on the east and northern boundaries. 13. Sanitary sewer and water service to this site is being proposed via extensions of existing mains adjacent to the site. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 14. The applicant shall revise the construction plans so that each lot has a water service or frontage to a water main, or sanitary restrictions will remain in place on any unserviced lot. 15. Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 16. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval shall be submitted prior to scheduling of a preconstruction meeting. 17. Graphically depict a Pressure Irrigation Easement along 5-feet of each side of the proposed pressurized irrigation mains, which are not covered by the standard easement notes. 18. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 19. Revise or add the following note(s) on the face of the plat prepared by Claiborn, Waite Consulting, stamped on 1-11-07 by Todd Waite, prior to signature of the fmal plat by the City Engineer: Exhibit "A" FP-07-007 Cope Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPART~NTS STAFF REPORT 7.) Revise to read, ". .compliance with *~ the City of Meridian's ~ ~ de applicable zoning code at the time of submittal. *.) Add a note addressing the maintenance of the landscape buffers adjacent to E. Overland Road and S. Country Terrace Place. ~`.) Add a note, "Individual lot owners are responsible for the maintenance of any irrigation/drainage pipe or ditch crossing their lot, unless maintenance thereof is assumed by an irrigation/drainage entity. *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation." *.) Add a note advising of the floodplain that includes the FIRM map number. *.) Add a note dedicated a 10-foot wide Public Utilities, Drainage and Irrigation Easement along the exterior boundary of this subdivision. *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 107005525 of Ada County Records." 20. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 21. The landscape plan, prepared by South Landscape Architecture, P.C. and dated 06/15/06 is approved shall be revised as follows: a.) The plan does not scale accurately; revise scale/plan accordingly. The internal landscaping for the individual lots buildings shall be reviewed with each individual CZC. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the fznal plat by the City Engineer. 22. 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. 23. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 24. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 25. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Exhibit "A" FP-07-007 Cope Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ NTS STAFF REPORT Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ten Mile Drain, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 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 may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Cope Subdivision (FP-07-007) with the above stated comments and conditions. Exhibit "A" FP-07-007 Cope Subdivision FP.doc PAGE 4 Rpr 17 2007 10:51RM MUNG~ ENGINEERING, INC. 4268 HUNGER ENGINEERING, INC. April 13, 2007 Kristy Vigil City of Meridian 660 W. Watertower Lane, Ste. 202 Meridian, Idaho 83642 RE: Cope Subdivision Final Plat Dear Kristy; I have received and reviewed the comments regarding the Cope Subdivision Final Plat. For ease of review I will address these comments in the order they are stated on your letter. STFE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved annexation (AZ-06-037), devcloprncnt agreement (Inst. 107005525), and preliminary plat (PP-06-035) for this subdivision. 17ae applicartt/developer shall comply 2. Per the approved development agreement ail proposed off-site road improvements to S. Country Terrace Place and associated landscape buffer shall be constructed prior to any certificate of occupancy per the approved site/landscape plans dated June 2006 Noted, the developer shall comply 3. Per the approved development agreement and UDC 11-3A-19 atl structures within the development shall be subject to administrative design review and a Design Review application shall be submitted concurrently with the application for Certificate of Zoning Compliance. Noted, the developer shall comply 4. The Final Plat approval for this subject phase shall expire on 4/3/08, if the City Engineer's signature has not been obtained. Noted the developer shall comply 5. Revise the year of platting from 2006 to 2007. Noted, the developer shall co~rtply 4090 W, State Street, Suate 29 o Boise, Idaho 83703 o Phone (208) 4Z6-8314 Fax (208) 426-8319 p.2 Exhibit "B" Rpr 17 2007 10:51RM MUN~ ENGINEERING, INC. 42689 6. Revise the face of the plat to include the CP&F number for the S %4 corner shown on the plat. Noted, the plat shall be changed to show tl:af number 7. Friar to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Noted, the developer shall comply 8. Per the development agreement on this property, prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian i7nified Development Code. Noted, the developer shall comply 9. Prior to signature on the final plat, the applicant shall submit a document showing cross access/parking for all lots within this subdivision, as required by the Development agreement. The cross access shall be depicted on the face of the plat. Noted, the developershall comply 10. The approved single access point to Overland Road shall be limited to right in/right out only. Noted, the developer shall comply 11. The applicant shall be required to construct %a of Souih Country- Terrace Place as rcyuired in the conditions of approval of the preliminary plat. Noted the developer shall comply 12. Depict a 25-foot landscape easement or buffer adjacent E. Overland Road and a 10-foot landscape easement or buffer adjacent to S. Country Terrace Place on the east and northern boundaries. Noted, the developer shall comply 13. Sanitary sewer and water service to this site is being proposed via extensions of existing mains adjacent to the site. Applicant will be responsible to construct the sewer and wafer main fo 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 arc required to provide service. Noted, the developer acid the desig-e engineer shall comply 14. The applicant shall revise the construction plans so that each lot has a water service or tiontagc io a water main, or sanitary restrictions will remain in place on any unserviccd lat. 4090 W. State Street, Suite 29 o Boise, Idaho 83703 4 Phone (208) 426-8314 Fax (208} 426-8319 p.3 Exhibit "B" Rpr 17 2007 10:51RM MUNG~ ENGINEERING, INC. 4268 Noted, the design engineer shall corrzply 15. Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. Noted, the applicant shall comply I6. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a lclter of plan approval shall be submitted prior to scheduling a preconstruction meeting. Noted, a letter from 1VMID shall be submitted prior to a preconstruction meeting. 17. Graphically depict a Pressure Irrigation Easement along 5-feet of each side of the proposed pressurized irrigation mains, which are not covered by the standard easement notes. Noted, we shall cor+~ply l8. The City of Meridian requires that pressurized irrigation system be supplied by a year- round source of water. If a single-point eonnecrion 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. Noted the developer shall comply 19. Revise or add the following note{s) on the face of the plat prepared by Claiborn, Waite Consulting, stamped on L-I 1-07 by Todd Waite, prior to signature of the final plat by the City Engineer. Noted, all note changes shall be eontplied with 20. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7 and as proposed on the landscape plan. Temporary construction fencing to contain debris shalt be installed at the subdivision boundary where penrnanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Noted, the developer shall comply 21. The landscape plan, prepared by South Landscape Architecture, P.C. and dated ©6/15!06 is approved shall be revised as follows: a.) The plan does not scale accurately; revise scale/plan accordingly. The internal landscaping for the individual lots buildings shall be reviewed with each individual CZC. 4090 W. State Street, Suite 29 o Boise, Idaho 83703 o Phone {208) 426-8314 Fax (208) 426-8319 p.4 G~;hibit "d" ftpr• 17 2007 10:51FIM MUNt~ ENGINEERING, INC. 4268 Submit three copies of the revised landscape plan to the Planning I3epartn:ent prior 10 signature of the final plat by the City Engineer. Note, the landscape plan shall 6e revised and three sets shall be submitted to the Planning Department prior to fnal plat signature. 22. Subnut 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. ~I copy of the Adra County Street Nanre Committee s final letter for street Humes is included mitli this letter. 23. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Butiram, at 887-1620 for more information. Noted, the developer shalt comply. 24. 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 spaces aze subject to UDC 11-3B-11 and shall be fully vegetated with grass and tress. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UCD 11-313-] 1. If the stonnwater 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. Noted, the developer shall comply. 25. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant ofresponsibility for compliance. Noted. Thank you for your time and consideration on this matter, please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, Cara Duskey Project Coordinator 9090 W. State Street, Suite 29 o Boise, Idaho 83703 o Phone (208) 426-6314 Fax (208) 426-8319 p.5 Exhibit "B" MAYOR TAMMY DE WEERD COUNCIL MEMBERS ~ ,ri;~ JOE I30R7'ON ~ ~ ~-. ~ .• ~ KEITH $1RD ~'~,~ . c:.i rv cx: 1R t'4} - CHARLES M. ROUN1'REL"• 1~..M~i~'~ ' ~~1~~ ~ ~~Y SIiAUN WARDLE 1 L (// N RURAL FIRE COMMISSIONERS ll,.~Flc~ l~ ~~ RICHARD GREENE M1 '<<-,. • -~--~ TERRY LEIGHTON ,F~ '--~°ba'!Ip.~.~.ru ~ l'-'"~• "' jde§ CLAIR$OWMAN ~g~DI~~'CI~/R'Z.IR~ FIRE DEP.~LR~~t~IEN~' City Staff Meeting Date 4/3/07 Reviewer: ®Joseph Silva ^ Rich Greene ^Rick Jackson ^Jeremy Greene ^ KW Bowers Planner Assigned: ^ Caleb Hood ^ Anna Canning ^ Pete Friedman ^ Sonya Wafters ®Kristy Vigil ^ Jenny Veatch ^ Matt Ellsworth ^ Justin Lucas ^ Amanda Hess E-Mail to Planning Staff SUBJECT: File/Subdivision -Cape Subdivision File No. - FP 07-007 C~I111iP RON ANDIiRSON ASST. CIIIHF KGN W.13owI:Rs DIPI l'I'\• CI QEF - DI RE PRI?VIiN'1'ION JOSEI'll SILVA t)IsP_lf'I'1' CSI III•:F -'I'RAINIKU I31LL JOIINSON 540 Last Franklin Road Meridian. II> Y,(rt2 (aosl xss-1334 Fa', (20S) 89S-1)390 Revised 02-IS-07 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: ®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. 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 placed ] 8" above finished Bade to the center ofthe 4 %"outlets. 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. ®4. 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. ®5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. ®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. Exhibit "C" ®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. ®27. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. ®29. 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. ®31. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet { 1$3 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). ®36. Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. ®44. COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. ®45. COMMERCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of more than 62,000 square feet (5'160 m~} shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m'-) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit "C" 2 -: i' I ~~'~~%L!i(/L Y~ ~~~~I W ~i~IiA~f~ ! • ~~ I ` V 6i(/i/~i~W 1503 FIRST STREET SOUTH NAMPA, IbAHO 83651-4395 FAX #206-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 City of Meridian City Clerk's Office William G. Berg Jr. 33 East Idaho Avenue ivle>-ldian, ID 83642 RE: Cope Subdivision Dcar Will: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Ten Mile Drain courses through this proposed project. The District's easement for the Ten Mile Drain at this location is a minimum of one hundred feet (100'), frfty feet (50') to each side of the centerline. However please contact the District directly to verify the width of easement necessary to operate, maintain and repair the Ten Mile Drain. Also, please send revised plans showing exactly what proposed encroachments will be within the District's easement and exactly how far. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES F:rhihil "f)" RIVER FLOW RIGHTS - 23,OD0 BOISE PROJECT RIGHTS - 40,000 9 April 2007 Will Berg Jr. City of Meridian Cope Subdivision 9 Apri12007 Page 2 of 2 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian h-rigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Itenson Asst. Water Superintendent Nampa & Meridian Irrigation District BHldbg C: File - OfficelShop F.'xhibit °ll" • • April 13, 2007 FP 07-008 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Tuscany Development, LLC ITEM NO. 1 ~ REQUEST Final Plat approval of 54 single-family residential building lots, 1 swimming poll lot and 13 common lots on 24.63 acres in R-8 zone for Bearwood Subdivision No. 1 -west of S. Stoddard Rd, east of S. Linder Rd & south of W. Overland Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments 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: 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 April 17, 2007 IN THE MATTER OF THE APPLICATION OF TUSCANY DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 54 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS,1 SWIMMING POOL LOT AND, 13 COMMON LOTS ON 24.63 ACRES IN AN R-8 ZONE LOCATED WEST OF SOUTH STODDARD ROAD, EAST OF SOUTH CINDER ROAD, AND SOUTH OF WEST OVERLAND ROAD IN A PORTION OF THE W %Z OF SECTION 24, T. 3N., R.1W CASE NO. FP-07-008 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 April 17, 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: Apri117, 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 BEARWOOD SUBDIVISION NO.1 LOCATED IN A PORTION OF THE W %i OF SECTION 24, T. 3N., R. 1 W., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEARWOOD SUBDIVISION NO. 1 / (FP-07-008) Page 1 of 5 • BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 03/12/07, SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", TUSCANY DEVELOPMENT, INC., 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: April 17, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their April 17, 2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their Apri117, 2007 meeting, and specifically pertaining to the staff report, under Conditions of Approval, number 16 (f), such that it now read as follows: 16. f.) Storm drainage ponds shall be-seedee utilize a dry creek design in the bottom. Storm drainage facilities must be in compliance with UDC 11-3B-11 C 1. Revise Lot 1, Block, Lot 1, Lot 1, Block 2, Block 5, and Lot 1, Block 6 accordingly. A revised landscape plan shall be submitted with the chan es rec uested prior to the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEARWOOD SUBDIVISION NO. 1 / (FP-07-008) Page 2 of 5 • En ' eer signing the final lat. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEARWOOD SUBDIVISION NO. 1 / (FP-07-008) Page 3 of 5 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 morethantwenty-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 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. th By action of the City Council at its regular meeting held on the ~, day of TZ lplrl 9 , 2007. °e°°°°°~ O~ ~~ ° ~'®OR de WEERD ATTEST: `~ ~ ~~' ~ A ~,~ s°~, ~~ ~, ,~ WII.,LIAM G. BERG, JR., ~ ~' E ~ ~ N1 O 01 8-960~ ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR BEARWOOD SUBDIVISION NO. 1 / (FP-07-008) Page 4 of 5 Copy served upon: / Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated:rj-?~-~, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEARWOOD SUBDIVISION NO. 1 / (FP-07-008) Page 5 of 5 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPART~NTS STAFF REPORT r l f} ~ L~ t"Ir~tp ~ d - STAFF REPORT: Rearing Date: April 17, 2007 --';'~y ~.~ Transmittal Date: April 12, 2007 ~'~`'~~° --~ `'~ q in.v~+ca TO: Mayor and City Council ~` `~::~- FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Michael Cole, Development Services Coordinator ~ ~, 208-898-5500 SUBJECT: Bearwood Subdivision No.l Request for Final Plat Approval of Bearwood Subdivision No. 1 Consisting of 54 Single-Family Lots, 1 Swimming Pool Lot, and 13 Common Lots on 24.63 Acres in an R-8 Zone by Tuscany Development, LLC (File# FP-07-008). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Tuscany Development, LLC, has applied for fmal plat approval of 54 single-family lots, 1 swimming pool lot, and 13 common lots on 24.63 acres of land for Bearwood Subdivision No 1. The zoning district for the proposed subdivision is R-8 (Medium Density Residential). Bearwood Subdivision No. 1 is located on the east side of Linder Road, and the south side of Overland Road in the W 1/2 of Section 24, 3N., R. 1 W. This property has not been previously platted. The City Council approved the preliminary plat for Bearwood Subdivision No. 1 on May 9, 2006. The submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Bearwood Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ-05-064), development agreement (Inst. #106151232), preliminary plat (PP-OS-064), and variance (VAR-OS-026) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 5/9/08, if City Engineer's signature has not been obtained. Graphically depict on the face of the plat the "Real Point of Beginning." 4. Include the instrument number on the face of the plat for the Temporary Turnaround Easement. Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit "A" FP-07-008 Bearwood Subdivision No. 1FP.doc PAGE 1 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Currently the construction plans show connecting to a manhole that is not installed as of yet. The construction plans will not be stamped as "review approved" until the development shows connection to an existing manhole. This condition may be rescinded by the City Engineer. This entire development, approximately 321 lots, is being proposed with a single water connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City of Meridian's water system at the intersection of Linder and Overland shall be required. This development is on the edge of proposed pressure zone boundaries. The applicant shall be responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard Road. The pressure reducing vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady at the Public Works Department. 10. As depicted on the construction plans the applicant shall be required to construct the Black Cat Trunk through this property to Stoddard with the first phase of this development. 11. Per the development agreement, five-foot wide sidewalks and street buffers shall be constructed in accordance with City Code, along S. Stoddard Road and W. Kodiak Drive prior to occupancy of any new dwelling units for said phase. 12. The applicant has indicated that the required pressurized irrigation system in this development will be owned and operated by the Homeowners Association. Therefore plans and specifications will be reviewed by the Public Works Department, with a "draft" operations and maintenance manual to be submitted prior to construction plan approval. 13. Graphically depict a Pressure Irrigation Easement along 5-feet of each side of the proposed pressurized irrigation mains, which are not covered by the standard easement notes. a.) Currently the plans show one on the north side of Lot 13, Block 5. 14. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 15. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 16. The landscape plan, prepared by Harvest Design, P.C. and dated 03/09/07, shall be revised as follows: a.) Depict the tot lot approved at the preliminary plat level on Lot 1, Block 6. b.) Include the details of the tot lot on the face of the plan. c.) Relocate the conifers in the buffer adjacent to Linder Road to the center of the buffer. d.) Depict the pedestrian friendly crossing areas at the intersection of W. Cave Bear Drive Exhibit "A" FP-07-008 Bearwood Subdivision No. 1FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT and W. Kodiak Drive and the intersection of W. Geyser Drive and W. Kodiak Drive on the plan. e.) Show the paver crossing areas consistent with the approved preliminary plat on the plan. f.} Storm drainage ponds shall be seeded in the bottom, sand is not allowed. Storm drainage facilities must be in compliance with UDC 11-3B-11C1. Revise Lot 1, Block, Lot 1, Lot 1, Block 2, Block 5, and Lot 1, Block 6 accordingly. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 17. 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. 18. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 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. 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 from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Z. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, fmal plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 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. Exhibit "A" FP-07-008 Bearwood Subdivision No. 1FP.doc PAGE 3 i i CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bearwood Subdivision No. 1 (FP-07-008) with the above stated comments and conditions. Exhibit "A" FP-07-008 Bearwood Subdivision No. 1FP.doc PAGE 4 Message Kristy Vigil From: Shari [es-sharis@gwest.net] Sent: Tuesday, April 17, 2007 1:44 PM To: Kristy Vigil Subject: Bearwood Subdivision No. 1 Final Plat -Staff Comments Kristy: Pagc 1 o P 1 As we discussed, ACHD is no longer allowing vegetation on the bottom of stormwater areas. We agree with all conditions of approval, but ask that 16(f} be changed to read as you suggested: f.) Storm drainage ponds shall utilize a dry creek design in the_bottom, Storm drainage facilities must be incompliance with UDC 11-3B-11C. Revise Lot 1, Block, Lot 1, Lot 1, Block 2, Block 5, and Lot 1, Block 6 accordingly. A revised landscape plan shall be submitted with the changes requested prior to the City Engineer signing the final plat. Let me know if this works for you. Thanks for your help! Exhibit "l3" 4/ 17/2007 • i April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. ~ ~ REQUEST Public Hearing -- Parks and Recreation Department New Fees and Fee Changes for Recreation Programs and Activities 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 aiffached ~dol~~~ ~~ ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 17, 2007, for proposed new fees, removal of certain fees and fee increases to cover the cost of recreation programs and parks services. The proposed changes are as follows: Activity Current Fee New Fee Basketball Team Fee $350.00 400.00 Field Prep for Softball Tournaments New $18.00 per hour Girls Fastpitch Softball Late Fee New $50.00 Seasons Park Shelter Rental New $30.00 Kiwanis Park Shelter Rental (51-100 people) New $45.00 1 Mile Fun Run Late Registration Fee New $13.00 Boise Hawks Family Night $5.50 $8.00 Play Camp (1 wk 7:30-5:30) Early Reg. $72.00 $84.00 Play Camp (1 wk 7:30-5:30) $82.00 $94.00 Play Camp (1 wk 9:00-3:00) Early Reg. $52.00 $64.00 Play Camp (1 wk 9:00-3:00) $62.00 $74.00 Sports Camps New $39.00 Outdoor Adventure Camp New $124.00 Skyhawks Sports Camp Full Day New $118.00 Skyhawks Sports Camp Half Day New $98.00 Winter Adventure Camp New $96.00 Christmas Art Camp New $45.00 STARS Dance Class New $70.00-$80.00 Superkicks Martial Arts Class New $69.00-$79.00 Meridian Academy of Gymnastics Class New $40.00-$100.00 Danik Universal Gymnastics Class New $30.00-$90.00 Winter Fun Days New $15.00 Spring Break Fun Days New $15.00-$35.00 Multi-Media Art Class New $34.00 Learn to Nordic Ski New $28.00-$36.00 Snowshoe with a Ranger New $15.00-$18.00 Creative Beading & Jewelry Making New $20.00 Beaded Loom Class New $45.00 It's About Couples New $40.00 Lifetime Love New $150.00 Adult Watercolor New $35.00 Adult Dance Classes $20.00 $25.00 Boise Yoga Center Classes New $43.00-$88.00 Fit & Fall Proof New $5.00 Scrapbooking Classes New $5.00-$20.00 More information on the above hearing is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 29th day of March 2007. WILLIAM G. BERG, JR., CITY CLERK PUBLISH on the 2nd and 9th of April, 2007. Page 2 of 2 Meridian Parks and Recreation 2007 Fee Changes %~, :_ ', =Denotes fee change Activity Current Fee Proposed Fee % Change Voile ball Corn etatnre Men's, Women's, Co-Ed Team Fee 10 ames + tournament $110.00 $110.00 0% Pla er Fees min. 8 $15.00 $15.00 0% Late Fee er team $30.00 $30.00 0% Recreational Men's, Women s, Co-Ed Team Fee $100.00 $100.00 0% Late Fee team $30.00 $30.00 0% Basketball Men's, Women's, Men's Over 40 ':Team Fee 10 games + tournament) $350.00 $400.00 14% Pla er Fees min. 8 $15.00 $15.00 0% USSSA Fee $20.00 $20.00 0% Late Fee $50.00 $50.00 0% Summer Softball Men's, Women's, Co-Ed Team Fee $400.00 $400.00 0% Pla er Fees min. 12 $15.00 $15.00 0% ASA Fee $26.00 $26.00 0% Late Fee $50.00 $50.00 0% Men's Team Fee $700.00 Remove Pla er Fee $15.00 P.emove ASA Fee $26.00 Remove Late Fee $50.00 F;emove Men's Senior Softball Team Fee 16 games $550.00 $550.00 0% Pla er Fees min. 12 $15.00 $15.00 0% ASA Fee $28.00 $26.00 0% Late Fee $50.00 $50.00 0% Fall Softball Men's, Women's, Co-Ed Team Fee 8 amen $200.00 $200.00 0% Pla er Fees min. 12 $15.00 $15.00 0% ASA Fee $12.00 $12.00 0% Late Fee $50.00 $50.00 0% Non-Lea ue Softball Tournaments En Fee Parks & Rec Hosted $175.00 $175.00 0% Field Rental for tournament per game $15.00 Remove Field Prep for tournaments (per hour) N/A $18.00 New Girl's Fast itch Softball U10, U12, U94, U16, U18 Team Fee 10 ames $350.00 $350.00 0% ASA Fee er la er $8.00 $8.00 0% Late Fee (per team) NA $50.00 New • Shelter Fees: Extra Picnic Tables $3.00 $3.00 0% Alcohol Permit 5 hr. time block $20.00 $20.00 0% Amus. E ui ./Lr Cano ies 5 hr time block er item $10.00 $10.00 0% Am lified Sound Permit er da $20.00 $20.00 0% Park Use A lication For Events der da $50.00 $50.00 0% Short Term Consessions Permit er da $25.00 $25.00 0% Store Park Blue $ Green Shelter Shelter Rental 1-50 eople $30.00 $30.00 0% Shelter Rental 51-100 eo le $45.00 $45.00 0% Shelter Rental 101-150 eo le $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Softball Field Rental per hour $10.00 $10.00 0% Softball Field Li hts er hour $15.00 $15.00 0% Volle ball E ui ment 5 hr time block blue shelter onl $10.00 $10.00 0% Tull Park Small Shelter Rental 30 eo le max. $30.00 $30.00 0% Lar a Shelter Rental 1-150 eo le $60.00 $60.00 0% Lar a Shelter Rental 151-200 eo le $75.00 $75.00 0% Large Shelter Rental 201-250 eo le $90.00 $90.00 0% La a Shelter Rental 251-300 peo le $105.00 $105.00 0% Softball Field Rental er hour $10.00 $10.00 0% Valle ball Equi ment 5 hr time block lar a shelter onl $10.00 $10.00 0% Chateau Park Shelter Rental 30 peo le max. $30.00 $30.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Settlers Park Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 eo le $45.00 $45.00 0% Shelter Rental 101-150 eo le $60.00 $60.00 0% Shelter Rental 151-200 eo le $75.00 $75.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Heroes Park Multi-Use Field Rental $10.00 $10.00 0% Seasons Park Shelter Rental 1-30 people) NA $30.00 New Multi-Use Field Rental per hour $10.00 $10.00 0% Klwanis Park Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental (51-100 people) NA $45.00 New Multi-Use Field Rental er hour $10.00 $10.00 0% Bear Creek Park Shelter Rental 1-50 eo le $30.00 $30.00 0% Shelter Rental 51-100 eo lee $45.00 $45.00 0% Shelter Rental (101-150 people) $60.00 Remove Shelter Rental (151-200 people) $75.00 Remove Softball Field Rental er hour $10.00 $10.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% Cham Ion Park Shelter Rental 30 eo le max. $30.00 $30.00 0% Multi-Use Field Rental er hour $10.00 $10.00 0% S ecial Events Meridian eam Sour 1 Mile Fun Run $8.00 $8.00 0% 6k/10k Run $18.00 $18.00 0% 1 Mile Fun Run Late. Registration $0.00 $13.00 New 6k/10k Run Late R istration $23.00 $23.00 0% Summer Sigler Basketball Team 4 la ers max $40.00 $40.00 0% Volle ball Team 4 la ers max $40.00 $40.00 0% Inline Skatin $12.00 $12.00 0% Boise Nawks Family Night $5.50 $8.00 45% Cam s Play Camp (1 wk 7:30-5;30 Early Reg. $72,00 $84.00 17% Play Camp (1 wk 7:30-5:30) $82.00 $94.00 15% Play Camp (1' wk 9:00-3:00) Early Reg. $52.00 $64.00 23% Play Cam (4 wk 9:00-3:00) $62.00 $74.00 19% Sports Camps NA $39,00 New Outdoor Adventure Camp NA $124,00 New 'Skyhawks Sports Camp: Full Day (gam-3pm) NA $118.00 New Skyhawks Sports Camp Half Day (gam-12pm) NA $98.00 New 'Winter Adventure Camp NA $96.00 New Christmas.ArtCamp NA $45.00 New Activity Guide Classes STARS Dance Classes NA $70.00-$80.00 New Superkicks Martial Arts Classes NA $69.0+1-$79.00 New Meridian Academy of Gymnastics Classes NA $40.00-$100.00 New Danik Universal Gymastics Classes NA $30.OCi-$90.00 New Winter Fun Days NA $15.00 New Spring Break Fun Days NA $15.00-$35.00 New Multi-Media Art Class NA $34.00 New Leam to Nordic Ski NA $28.00-$36.00 New Snowshoe with. a Ranger NA $15.OG-$18.00 New Creative Beading & Jewelry.Making NA $20.00 New Beaded Loom Class NA $45.00 New It's About Couples NA $40.00 New Lifetime Love NA `.6150.00 New Adult Watercolor NA $35.00 New Adult Dance Classes $20.00 $25.00 New Boise Yoga Center Classes NA $43.OC~-$88.00 New Fit & Fall Proof NA $5.00 New Scrapbooking Classes NA $5.OC-$20.00 New Hunter Education $10.00 $10.00 0% Creative Writin $50.00 $50.00 0% A Guide Ads Back Cover Full Color $400.00 $400.00 0% Full Page $320.00 $320.00 0% 1/2 Pa a $160.00 $160.00 0% 1/4 Pa a $80.00 $80.00 0% 1/8 Pa a $40.00 $40.00 0% s i CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 17, 2007 ITEM # 11 PROJECT NUMBER PARKS AND RECREATION DEPARTMENT PROJECT NAME NEW FEES AND FEE CHANGES PLEASE PRINT NAME ~~~~~~~~ 17 X097 FOR I AGAINST (NEUTRAL ~~ty ofM~d~~. March 23, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING March 27, 2207 APPLICANT Parks Department ITEM NO. 6-8-~ REQUEST Discussion of Proposed Parks and Recreation Fees: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: .- CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See Attached Memo MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: ~~ Q~G`~~ US WEST: Vu' INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Mayor /City Council Cc: Will berg from: Doug Strong ~~~ ®ate: March 21, 2007 Re: Proposed Parks & Recreation Fees During the March 14, 2007 Parks and Recreation Commission meeting, the following fees were reviewed and passed by the commission to be sent forward to the Mayor and City Council for approval. The Park Staff is requesting the proposed parks and recreation fees, which are attached, to be placed on the agenda for public hearing starting on March 27, 2007. The proposed new park shelter fees are consistent with the fees currently being charged for shelters of the same or similar size that are in the department's reservation system. Backup documentation is enclosed for your review. ~t, ~ li : ~~Ih i~S ~~~;, 6 ,. B r . ~{ Mar 22 X07 11:57a Bruce lUlacxoy T 9~ ` 'p:4 93122/288:' 18:34 89855 P~RiDI~F+I PARMCS ~ ~'Atat. l9:~ n ' ject Pd~~ D 5~~~~ ~~ ~~ ® ~~~~~~ ~~515 ~ ;, ~' ~ ~I~AIT®N 2[)fl7 IFE~ SC~tTL~ E' ~~~.~3~kJaZNt'n ~~G11 ~.Vi ~ ~ 1QS ~, ~2•"16m'o 'y,+d k fL~fy 6oV V ~3•~ °•~' f ^~/ '~~ 10. ~4KD? ~~,,,,~~~,~''~m~n- - ~~a.~~« 'e ~, Project Name: Department: Applicant: • SUMMARY OF PARKS AND RECREATION COMMISSION'S RECOMMENDATION TO CITY COUNCIL MERIDIAN PARKS & RECREATION 2007 FEE SCHEDULE PARKS & RECREATION PARKS & RECREATION COMMISSION & DEPART~NT P&R Commission Meeting Date: MARCH 14, 2007 Recommendation: The recommendation coming from the Parks & Recreation Commission is to approve the 2007 proposed fee schedule as proposed to the commission. Key Commission Comments: • The commission feels comfortable with the new fee schedule as presented by Colin Moss, Recreation Coordinator for the department. • The commission is happy to see more shelters available for rental in park system including Champion Park, Season's Park, Kiwanis Park and Bear Creek Park. Outstanding Issues for City Council: • There are no outstanding issues for City Council on this matter. APPROVED: Bruce MacCoy, President Nesmith, Vice President Revised January 10, 2007 • • Meridian Parks and Recreation 2007 Fee Changes Actively Current Fee Proposed Fee % Change Volie 11 Com tetive Men s, Women's, Co-E Team Fee (10 amen +toumam®nt $110. $110. 0% Player Fees (min. 8 $15.00 $15.00 0°k Lame Fee r team) $30.00 $30.00 0°~ Recreetionel (Men's, Women's, Co-E Team Fee $100.00 $100.00 0% Late Fee team $30.00 $30.00 0% Basketball Men's, Women's, Men`s Over 40 Team Fee 10 mes + tournament $350.00 $400.00 14% Pla er Fees min. 8) $15.00 $15.00 0% USSSA Fee $20.00 $20.00 0% Late Fee $50.00 $50.00 0% S er Softball Men's, Women's, Co-Ed Team Fee $400.00 $400.00 0% Pla er Fees (min. 12) $15.00 $15.00 0% ASA Fee $26.00 $26.00 0% Late Fee $50.00 $50.00 0% Men's Team F~ $700.00 Remove Play®r Fee $15.~ Remove ASA Fee $26.00 Remov® Late Fee $50.00 Remove en's Senior Softball Team Fee 16 games $550.00 $550.00 0% Player Fees (min. 12 $15.00 $15.00 0% ASA F~ $26.00 $28.00 0°k Late Fee $50.00 $50.00 0% Fall Softball Men`s, Women's, Co-Ed Team Fee 8 games) $200.00 $200.00 0% Player Fees (min. 12 $15.00 $15.00 0% ASA Fee $12.00 $1200 0% Late F~ $50.00 $50.00 0°~ Nonce ue 11 Tournaments E F~ Rarks 8 Rec Hosted $175.00 $175.00 0% Field Rental for tournament r me $15.00 Remove Field P for tournaments r hour) NIA $18.00 New Glrl's Fa itch Softball (U90, U?2, U?4, U?6, U?8 Team Fes 10 mes $~.~ $350.00 0% ASA Fee ( la er) $6.00 $6.00 0% Late Fee r team) NA $50.00 New • Sh tter Fees: Extra Picnic Tables $3.OD $3.00 0% Alcohol Permit 5 hr. time block $2D.00 $20.00 0% Amus. Equi ./Lrg Cano ' 6 hr time block r item $10.00 $10.00 0% Am lifted Sound Permit day $20.00 $20.00 0°!0 Park Use lication For Events der day) $50.00 $50.00 0% Short Term Consessions Permit ( day) $25.00 $25.00 0% Store Park Blue & Green Shelter Shelter Rental 1-50 le $30.00 $30.00 0% Shatter Rental (51-100 peo e) $45.00 $45.00 0% Shelter Rental (101-150 Is $60.00 $~.~ 0% Shelter Rental (151-200 le $75.00 $75.00 0% Softball Field Rental per hour $10.00 $10.00 0% Softball Field ~ hts hour) $15.00 $15.00 0°k Voile ball E uipment (5 hr time block blue shelter onl $10.Q0 $10.00 0°k Tully Pack Small Shelter Rental 30 le max.) $30.00 $~.~ 0°!0 e Shelter Rental 1-150 a $60.00 $60.00 0% Large Shelter Renfial (151-200 pie) $75.00 $75.00 0% Lar a Shelter Rental 201-250 peo ) $x.00 $90.00 0°~ Lar a Shelter Rental (251-300 le $105.Q0 $105.00 0% Softball Field Rental (per hour) $10.00 $10.00 0% Voile ball E u' ertt (5 hr time block large shelter only $10.00 $10.00 0% Chateau Park Shef~r Rental 30 peo le max. $30.00 $30.00 0°!0 Multi-Use Field Rental r hour $10.00 $10.00 0% Settlers Park Shelter Rental (9-~ le $30.00 $30.00 0°~ Shelter Rental 51-1 ~ pie $45.00 $45.Q0 0% Shelter Rental 101-150 a $60.00 $60.00 0% Shelter Rental (151-200 le $75.00 $75.00 0% Multi-Use Field Rental r hour) $10.00 $10.00 0% Werces Park Multi-Use Field Rental $10.00 $10.00 0% Seasons Park Shelter Rerrtal 1-30 le NA $30.00 New Multi-Use Field Rental r hour) $10.00 $10.00 0% Klwanls Park Shatter Rental (1 50 e) $30.00 $30.00 0% Shatter Rental (51-100 le NA $45.00 New Multi-Use Field Rental ( hour $10.00 $10.00 Oho Bear Creek Park Shelter Rental {1-50 pie $30.00 $30.00 0% Shelter Rental (51-100 I~ $45.00 $45.00 0% Shelter Rental (101-150 people) $60.00 Remove Shelter Rental 151-200 le $75.00 Remove Softball Field Rental r hour $10.00 $10.00 0% Multi-Use Field Rental r hour) $10.00 $10.00 0% Champion Park Shelter Rental 30 le max. $30.00 $30.00 0% Mufti-Use Field Rental r hour $10.00 $10.00 0°Jo ~ ~ S al Events Meridian Bsm Sour 1 Mile Fun Run $8.00 $8.00 0% 6k/10k Run $18.00 $18.00 0% 1 Mile Fun Run Late R istration $0.00 $13.00 New 6k/10k Run Late Registration $23.00 $23.00 Oo/® Summer Sizzler Baskedall Team 4 la ers max $40.00 $40.00 0°k Voile ball Team 4 pia ers max $40.00 $40.00 0% Inline Skatin $12.00 $12.00 0% Boise Haxvlcs Family Ni t $5.50 $8.00 45% Cam Pia Camp (1 wk 7:30-5:30) Early R $72~ $84.~ 17% Pla Camp 1 wk 7:30-5:30) $82.W $94.00 15°!0 Pla Camp 1 wk 9:~-3:00) Early R $52.~ $64.00 23% Pia Cam (1 wk 9:00-3:00) $62.00 $74.00 19°h S rts Cam NA $39.Q0 New Outdoor Adventure Cam NA $124.00 New S hawks S C Full Day (gam m NA $118.00 New Skyhawks Sports Cam Hall Da gam-1 NA $98.00 New Winter Adventure Gamp NA $~.~ New Christrnas Art Cam NA $45.00 New Activ' Guide Glasses STARS Dance Classes NA $70.00,$80. New S rkicks Martial Arts Classes NA $6'9.Q0-$79.~ New Meridian Academ of Gymnastics Classes NA $40.00-$100. New Danik Universal G astics Classes NA $30.00-$x.00 New Winter Fun Days NA $15.00 New S rin Break Fun Da s NA $15.~-$35.~ New Multi-Media Art Class NA $34.00 New Learn to Nordic Sid NA $28.OQ-$36.00 New Snowshoe with a Ran NA $15.~-$18.~ New Creative Beading & Jewelry Maki NA $20.00 New Beaded Loom Class NA $45.00 New It's About Ccu les NA $40.00 New Lifetime Love NA $150.00 New AduR Watercolor NA $35.00 New AduR Dance Classes $20.00 $25.00 New Boise Y a Center Classes NA $43.00-$88.00 New Fit & Fall Proof NA $5.00 New Scra bodkin Classes NA $5.Q0-$20.00 New Hunter Education $10.00 $90.Q0 0% Creative Writing $50.00 $50.00 0% A Guide Ads Back Cover Fu0 Color $4.00 $400.00 0°!0 Full Pa $320.00 $320.Q0 0% 9/2 Pa $160.00 $160. 0% 114 P e $80.00 $80.00 0% 1/8 Pa a $40.00 $40.00 0% • • April 13, 2007 MFP 07-002 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Dimension Properties ITEM NO. 12 REQUEST Continued Public Hearing from April 10, 2007 -- Request to modify site specific requirements # 12 8~ # 13 of the Sond Final Plat for Sond Subdivision -- 1155 and 1123 North Black Cat Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet 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 Clty of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C April 17, 2007 IN THE MATTER OF THE APPLICATION OF CLAYN SONDEREGGER FOR FINAL PLAT MODIFICATION OF 23 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON AREA LOTS ON 11.17 ACRES IN R-2 AND R-4 ZONES LOCATED AT 1155 AND 1123 NORTH BLACK CAT ROAD IN A PORTION OF THE SE 1/ OF THE NE '/ OF T. 3N., R.1 W., SECTION 9 CASE NO. MFP-07-002 ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT This matter coming before the City Council for a Modification to an approved Final Plat pursuant to Unified Development Code 11-SA-2 on Apri117, 2007, and the Council finding that the Administrative Review is complete from Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: Apri117, 2007, to the Mayor and Council, and the Council having considered the requested modification to the conditions of the approved final plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The additional requirements from the action of the Council taken at their April 17, 2007 meetings as follows, to-wit: ORDER OF CONDTTIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (MFP-07-002) Page 1 of 4 • • 1.1 Adopt the action of the Council taken at their Apri117, 2007 meeting, and specifically pertaining to Conditions of Approval, 12, and 13, such now they reads as follows: CONDITIONS OF APPROVAL 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. If the applicant chooses not to remove the buildings at this time. the following conditions shall be addressed prior to signature on the final plat: • Provide three bids for removal of the two existing houses. 110% of the median bid shall be provided prior to signature on the final lu at by the City Engineer. • Provide surety for the removal of the wells and the s tic systems. • The number of building permits issued shall be limited to 12 prior to complete removal or demolition of the 2 existing houses. No additional building permits shall be issued until the applicant removes the existing homes and installs all required improvements. • Provide a copy of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction of the two replacement houses is complete. 13. se~uises-The City Council has allowed the existing homes to remain on a temporary basis not to exceed one year from signature on the final plat. 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: ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (MFP-07-002) Page 2 of 4 • 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more thantwenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, 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. ~fiti By action of the City Council at its regular meeting held on the I day of A ~Y ~ ~ , 2007. ATTEST: B / ~ ~~~~~ Y• MAYOR T de WEERD ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (1~P-07-002) Page 3 of 4 • ~~,~~~tit:~itur~;, a` ~\®~ap ~~~P`„~~dJlf ~~ ® ~• ~i (~ 9 ~ A "s C' ' n ~ ~, ,., : t g ~ 6ad'.`.a~a.~i.E _ WILLIAM G. BERG, JR., C C~ ~~~p ~ q r~~~~~`~~ 98990~4~~~~~~a Copy served upon: ~ Applicant / Planning Department / Public Works Department -~ City Attorney By: City Clerk's Office Dated: '2.1.0 -61 ORDER OF CONDITIONAL APPROVAL FOR A MODIFICATION TO THE FINAL PLAT FOR SOND SUBDIVISION / (NIFP-07-002) Page 4 of 4 L J~ STAFF MEMO TO: FROM: SUBJECT: City Council Hearing Date: April 17, 2007 City Council P r~. ~~ ago dg. Michael Cole, Development Services Coordinator ~``~~-.~~~~,;~~ ,; Sond Subdivision • MFP-07-002 Request to modify final plat site specific condition #12, to allow for two existing homes to temporarily encroach into the required setbacks, and site specific condition #13 to modify the requirement for the existing homes to pay assessment fees and hookup to city services (sewer and water) SUMMARY: After the City Council hearing on April 10`~ for this application, staff directed the City Engineer to work an agreement with the applicant that would accomplish the goals of this application. Staff hereby requests the City Council to replace condition #12 and #13 in FP-06-008 with the following: 12. Remove any buildings that do not meet setback requirements, prior to signature on the plat by the City Engineer. If the applicant chooses not to remove the buildings the following conditions shall be addressed prior to signature on the final plat: • Provide three bids for removal of the two existing houses, 110% of the median bid shall be provided prior to signature on the fmal plat by the City Engineer. • Provide surety for the removal of the wells and the septic systems. • The number of building permits issued shall be limited to 12 prior to complete removal or demolition of the two existing houses. • A copy of the rental agreement between the applicant and the tenants in the aforementioned houses that verifies that the applicant has the authority to remove the tenants once construction of the two replacement houses is complete. 13. If any of the existing buildings are to remain the applicant shall be responsible for the payment of assessments and the actual physical hook-up to City services. If the existing buildings are allowed to remain, by City Council, on a temporary basis then the applicant shall provide surety for the removal of the wells and septic prior to signature on the fmal plat by the City Engineer. If you have any questions please feel free to contact me at (208) 898-5500 or Colem~a,MeridianCity.org. April 13, 2007 VAR 07-004 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Dimension Properties ITEM NO. 13 REQUEST Continued Public Hearing from April 10, 2(~7 -Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 ~ Lois 3 8 4, Block 3) 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 13, 2~7 AZ 07-3 MERIDIAN CITY COUNCIL MEETING April 17, 2~7 APPLICANT Manley Consultants ITEM NO. 14 REQUEST Continued Public Hearing from April 10, 2007 -Request for Annexation and Zoning of 1.0 acres from RI to L-O and R-8 zones for Grau Subdhrisfon - 4135 West Cherry Lane AGENCY CIlY 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 See aHnched Recommendations Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetin~3 shall become property of the CNy of Meridian. April 13, 2007 PP 07-005 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Stanley Consultants ITEM NO. 15 REQUEST Continued Public Hearing from April 10, 2007 -Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone and 3 single family residenial lots in the proposed R$ zone on 1.0 acres, for Grau Subdivision -- 4135 West Cherry Lane 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 Packe# See altaehed Recommendations MERIDIAN POST OFFICE: OTHER: See attached Revised Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the City of Meridian. April 13, 2007 VAR 07-005 MERIDIAN CITY COUNCIL MEETING April 17, 2~7 APPLICANT Nathan Bames ITEM NO. 16 REQUEST Public Hearing -Variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and Variance to UDC 11-3C-b to allow for a reduction in size ___ __ __ of the required parking pad for Bames Home Business - 35 E. Ada Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCWOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY $ERVIGE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See adtached Stuff Comments No Comments MERIDIAN POST OFFICE: OTHER: See attached Lefler from Debra Bames / Affidavit of PosHn Contacted: Date: Phone: Emailed: Staff Initials: Mat®rMls presented at public meetings shad become properly of Nye City of Meridian. April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 AZ 07-2 APPLICANT Hartz Music Shop ITEM NO. ~ 7 REQUEST Public Hearing -Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zones for the property located at 1970 North Meridian Road for Hartz Music Shop -east of N. Meridian Road and north of Eas# Fairview Avenue AGENCY CITY CLERK: CITY ENG{NEER: 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 attched P&Z Item Packet /Minutes See attached Recommendatbns OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shag become properly of the City of Meridian. April 13, 2t~7 RZ 07-003 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Hartz Music Shop ITEM NO. ~ $ REQUEST Public Hearing -- Request for p Rezone of 0.38 of an acre from L-O to C-G zones for the property located at 1990 North Meridian Road for Hartz Music Shop east side of North Meridian Road and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CCfY 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: QTHER: See altched P&Z Item Packet See attached Recommendations Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. April 13, ~~ nni o~-oo~ MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Josh Wheeler ITEM NO. 19 REQUEST Public Wearing -Miscellaneous Application to amend the Development Agreement for Market Square to remove the requirement for Conditional Use Permit approval for site plan review for structures over 50,000 feet for Gold's Gym - 357Q N. Eagle Road. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See atFached Sta# Comments No Comment OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctty of Meridian. • • April 13, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 2O REQUEST Ordinance -- New Sewer Pretreatment Ordinance AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. April 17, 2007 COMMENTS See attached ~~i13~~ CITY OF MERIDIAN ORDINANCE NO. C~, " ~ ~~ 9 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDL~N CITY CODE AND ENACTING A NEW TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDL~N CITY CODE; PROVIDING FOR GENERAL PROVISIONS; GENERAL SEWER USE REQUIItEMENTS; PRETREATMENT OF WASTEWATER; WASTEWATER DISCHARGE PERMIT APPLICATION; WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS; ADDITIONAL REPORTING REQUIREMENTS; COMPLIANCE MONITORING; CONFIDENTIAL INFORMATION; PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE; ADMINISTRATIVE ENFORCEMENT REMEDIES; JUDICIAL ENFORCEMENT REMEDIES; SUPPLEMENTAL ENFORCEMENT ACTION; AFFIItMATIVE DEFENSES TO DISCHARGE VIOLATIONS; WASTEWATER TREATMENT RATES; MISCELLANEOUS PROVISIONS; PROVIDING FOR EFFECT OF INVALIDITY; PROVIDING A SAVING CLAUSE AND PROVIDING THAT ALL ORDINANCES AND RESOLUTIONS IN CONFLICT ARE REPEALED AND RESCINDED; AND PROVIDING FOR A StifMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 9 Chapter 2 Sewer Pretreatment of the Meridian City Code is hereby repealed. SECTION 2: That a new Title 9 Chapter 2 Sewer Pretreatment is hereby enacted to read as follows: SEWER PRETREATMENT TABLE OF CONTENTS SECTION 9-2-1-GENERAL PROVI5IONS ......................................................................... 4 9-2-1-1 Purpose and Policy .................................................................................................. 4 9-2-1-2 Administration ........................................................................................................4 9-2-1-3 Abbreviations .......................................................................................................... 4 9-2-1-4 Definitions ...............................................................................................................5 SEWER PRETREATMENT (WASTEWATER) ORDINANCE Page 1 of 46 SECTION 9-2-2 -GENERAL SEWER U5E REQUIREMENTS ....................................... 12 9-2-2-1 Prohibited Discharge Standards ............................................................................ 12 9-2-2-2 Federal Categorical Pretreatment Standards ......................................................... 15 9-2-2-3 State Requirements ............................................................................................... 15 9-2-2-4 Local Limits .......................................................................................................... 15 9-2-2-5 City of Meridian Right of Revision ...................................................................... 16 9-2-2-6 Special Agreement ............................................................................................... 16 9-2-2-7 Dilution ................................................................................................................ 16 9-2-2-8 Pretreatment Facilities .......................................................................................... 16 9-2-2-9 Deadline for Compliance with Applicable Pretreatment Requirements ............... 17 9-2-2-10 Additional Pretreatment Measures ....................................................................... 17 9-2-2-11 Accidental Spill Prevention Plans ........................................................................ 18 9-2-2-12 Septic Tank Wastes ............................................................................................... 19 SECTION 9-2-3 -WASTEWATER DISCHARGE PERMIT 9-2-3-1 Wastewater Discharge Permitting: Existing SIU ................................................. 19 9-2-3-2 Wastewater Discharge Permitting: New Source and New User ........................... 19 9-2-3-3 Wastewater Discharge Permit Application Contents ............................................ 20 9-2-3-4 Signatory and Certification Requirement .............................................................. 22 9-2-3-5 Wastewater Discharge Permit Decisions ............................................................. 23 9-2-3-6 Wastewater Discharge Permit Contents ............................................................... 23 9-2-3-7 Wastewater Discharge Permit Appeals ................................................................ 24 9-2-3-8 Wastewater Discharge Permit Duration ................................................................ 25 9-2-3-9 Wastewater Discharge Permit Modification ......................................................... 25 9-2-3-10 Wastewater Discharge Permit Transfer ................................................................ 26 9-2-3-11 Wastewater Discharge Permit Revocation ............................................................ 26 9-2-3-12 Wastewater Discharge Permit Re-issuance ........................................................... 27 SECTION 9-2-4 -REPORTING REQUIREMENTS ........................................................... 27 9-2-4-1 Final Compliance Report (Initial Compliance Report) ......................................... 27 9-2-4-2 Periodic Compliance Report ................................................................................. 27 9-2-4-3 Compliance schedules for meeting applicable pretreatment standards ................. 28 9-2-4-4 Notification of Significant Production Changes ................................................. 29 9-2-4-5 Hazardous Waste Notification .............................................................................. 29 9-2-4-6 Notice of potential problems, including accidental spills, slug loads .................... 30 9-2-4-7 Non-Compliance Reporting .................................................................................. 30 9-2-4-8 Notification of Changed Discharge ...................................................................... 30 9-2-4-9 Reports from Un-permitted Users ......................................................................... 30 9-2-4-10 Record Keeping .................................................................................................... 31 SECTION 9-2-5- SAMPLING AND ANALYTICAL REQUIREMENTS ......................... 31 9-2-5-1 Sampling Requirements for Users ........................................................................ 31 9-2-5-2 Analytical Requirements ....................................................................................... 32 9-2-5-3 The City of Meridian Monitoring of User's Wastewater ...................................... 32 SEWER PRETREATMENT (WASTEWATER) ORDINANCE Page 2 of 46 SECTION 9-2-6 - COMPLLANCE MONITORING ............................................................ 32 9-2-6-1 Inspection and Sampling ...................................................................................... 32 9-2-6-2 Monitoring Facilities ............................................................................................ 33 9-2-6-3 Search Warrants ................................................................................................... 33 9-2-6-4 Vandalism ............................................................................................................. 33 SECTION 9-2-7 -CONFIDENTIAL INFORMATION ....................................................... 33 SECTION 9-2-8 -PUBLICATION OF USERS IN SIGNIFICANT NON C OMPLL~NCE ......................................................................................... 3 4 SECTION 9-2-9 -ADMINISTRATIVE ENFORCEMENT REMEDIES .......................... 35 9-2-9-1 Notification of Violation ....................................................................................... 35 9-2-9-2 Consent Orders ...................................................................................................... 35 9-2-9-3 Show Cause Hearing ............................................................................................. 35 9-2-9-4 Compliance Orders .............................................................................................. 35 9-2-9-5 Cease and Desist Orders ...................................................................................... 36 9-2-9-6 Administrative Fines ............................................................................................. 36 9-2-9-7 Emergency Suspension of Service and Revocation of Permit .............................. 36 9-2-9-8 Termination of Discharge (Non-Emergency) ....................................................... 37 SECTION 9-2-10 -JUDICIAL ENFORCEMENT REMEDIES ....................................... 38 9-2-10-1 Injunctive Relief ................................................................................................... 38 9-2-10-Z Civil Penalties ....................................................................................................... 38 9-2-10-3 Criminal Prosecution ............................................................................................ 38 9-2-10-4 Remedies Non-exclusive ...................................................................................... 38 SECTION 9-2-11-SUPPLEMENTAL ENFORCEMENT ACTION ............................... 39 9-2-11-1 Performance Bonds ............................................................................................... 39 9-2-11-2 Water Supply Severance ...................................................................................... 39 SECTION 9-2-12 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS...... 39 9-2-12-1 Upset ..................................................................................................................... 39 9-2-12-2 Prohibited Discharge Standards ............................................................................ 40 9-2-12-3 Bypass ................................................................................................................... 40 SECTION 9-2-13 -WASTEWATER TREATMENT RATES ............................................ 41 SECTION 9-2-14 MISCELLANEOUS PROVISIONS ........................................................ 41 9-2-14-1 Pretreatment Charges and Fees ............................................................................ 41 9-2-14-2 Severability ...........................................................................................................42 9-2-14-3 Conflicts ................................................................................................................42 SEWER PRETREATMENT (WASTEWATER) ORDINANCE Page 3 of 46 SECTION 9-2-1-GENERAL PROVISIONS 9-2-1-1 Purpose and Policy This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of Meridian and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code §1251 et seq.) and the General Pretreatment Regulations (40 CFR, Parts 403). The objectives of this ordinance are: A. To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW; B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; C. To protect POTW personnel who maybe affected by wastewater and bio-solids in the course of their employment and to protect the general public; D. To ensure that the quality of the wastewater treatment plant bio-solids is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; E. To provide equitable fees for administrative cost recovery, permitting, inspection, compliance enforcement, damages and technical assistance resulting from the program described herein; and F. To improve the opportunity to recycle and reclaim wastewater and bio-solids from the POTW. This ordinance shall apply to all users of the POTW. The ordinance authorizes the issuance of wastewater discharge permits, authorizes monitoring, compliance, and enforcement activities; establishes administrative review processes, requires user reports and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 9-2-1-2 Administration Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Superintendent maybe delegated by the Superintendent to other City of Meridian personnel. 9-2-1-3 Abbreviations The following abbreviations, when used in this ordinance, shall have the designated meanings: ASPP Accidental Spill Prevention Plan BOD Biochemical Oxygen Demand SEWER PRETREATMENT ORDINANCE Page 4 of 46 CFR Code of Federal Regulations COD Chemical Oxygen Demand EPA U.S. Environmental Protection Agency GPD Gallons per Day IDP Indirect Discharge Permit L Liter LEL Lower Explosive Limit mg_, milligrams milligrams per liter MIU Minor Industrial User NPDES National Pollutant Discharge Elimination System O&M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification SIU Significant Industrial User SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et sea.) TSS Total Suspended Solids USC United States Code 9-2-1-4 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. ACT OR "THE ACT". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et sew, ,. APPLICABLE PRETREATMENT STANDARDS. For any specified pollutant, City of Meridian prohibitive standards, City of Meridian specific pretreatment standards (local limits), or EPA's Categorical Pretreatment Standards (when effective), whichever standard is appropriate or most stringent. APPROVAL AUTHORITY. The Regional Administrator of the EPA, Region 10, Seattle, Washington. AUTHORIZED REPRESENTATIVE OF THE USER (1) If the user is a corporation: (a) The president, secretary, treasurer, or avice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $ 25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the SEWER PRETREATMENT ORDINANCE Page 5 of 46 manager in accordance with corporate procedures; (2) If the user is a partnership or sole proprietorship: ageneral partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Superintendent or designee. The terms Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 403.5(a)(1) and (b). BMP also include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BIOCHEMICAL OXYGEN DEMAND (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° Celsius, usually expressed as a concentration [milligrams per liter (mg/1)]. BOARD OF APPRAISERS. The Board constituted pursuant to Section 9-1-17 of the Meridian Municipal City Code. CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. CATEGORICAL USER. A user regulated by one of EPA's Categorical Pretreatment Standards. CITY. Refers to the City of Meridian, Ada County, Idaho. COLLECTION SYSTEM. Any devices, pipes, conduits, ditches, sewers or other systems used to collect or convey sewage. COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One-hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. SEWER PRETREATMENT ORDINANCE Page 6 of 46 COMPENSATION POINT. To make up for, counter balance. COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based upon an increment of either flow or time. CONTROL AUTHORITY. (1) The POTW if the POTW's Pretreatment Program Submission has been approved in accordance with the requirements of 403.11: or (2) the Approval Authority if the Submission has not been approved. COOLING WATER/NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water maybe generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. DOMESTIC USER (RESIDENTIAL USERS Any person who contributes, causes, or allows the contribution of wastewater into the City of Meridian POTW that is of a similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day. ENVIRONMENTAL PROTECTION AGENCY (EPAZ The U.S. Environmental Protection Agency or, where appropriate, the Director of Region 10 Office of Water and Watersheds, other duly authorized official of said agency. EXISTING SOURCE. A categorical industrial user, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if and when the standard is thereafter promulgated in accordance with Section 307 of the Act. EXISTING USER. Any non-categorical user which was discharging wastewater prior to the effective date of this ordinance [or include a specific date such as the date the code will become effective]. GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time. INDIRECT DISCHARGE OR DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. SEWER PRETREATMENT ORDINANCE Page 7 of 46 INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, either (1) inhibits or disrupts the POTW, its treatment processes or operations; (2) inhibits or disrupts its bio-solids processes, use or disposal; or (3) is a cause of a violation of the City of Meridian's NPDES permit or of the prevention ofbio-solids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations ): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; and the Toxic Substances Control Act; [and the Marine Protection Research, and Sanctuaries Act]. MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. MINOR INDUSTRIAL USER (MIU~ Anon-domestic user with an indirect discharge to the POTW which does not meet the criteria of a Significant Industrial User, but whose operation and discharge may warrant inspection to ensure compliance with discharge prohibitions, pretreatment facility operation, spill prevention measures, and pollution prevention assistance. NEW SOURCE. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production of wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. SEWER PRETREATMENT ORDINANCE Page 8 of 46 (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of New Source (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. NEW USER. A "new user" is a user that is not regulated under federal categorical pretreatment standards but that applies to the City of Meridian for a new building permit or occupies an existing building and plans to commence discharge of wastewater to the City of Meridian collection system after the effective date of this ordinance. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation. NPDES. National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or State. OTHER WASTE. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City of Meridian NPDES permit (including an increase in the magnitude or duration of a violation). PERMITTEE. A person or user issued a wastewater discharge permit. PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all SEWER PRETREATMENT ORDINANCE Page 9 of 46 Federal, State, and local governmental entities. ~H. A measure of the acidity or alkalinity of a substance, expressed in standard units. POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial; wastes, and the characteristics of the wastewater {i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, or odor]. PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, (or in lieu of), introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard). PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. PRETREATMENT STANDARDS OR STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits established by the City of Meridian POTW. PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES Absolute prohibitions against the discharge of certain substances, which appear in Section 9-2-2-1(A) and (B) of this ordinance. PUBLICLY OWNED TREATMENT WORKS {POTW~ A "treatment works", as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City of Meridian. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.). SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source. SEWER PRETREATMENT ORDINANCE Page 10 of 46 SHALL, MAY. "Shall" is mandatory, "may" is permissive. SIGNIFICANT IlVDUSTRIAL USER. (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of 25,000 GPD or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blow down wastewater); or (b) Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City of Meridian on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Meridian may at any time, on their own initiative or in response to a petition received from a user [and in accordance with procedures in 40 CFR 403.8(f) (6)] determine that such user should not be considered a significant industrial user. SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in Section 9-2-2 through 9-2-4 of this ordinance or any discharger of anon-routine, episodic nature, including, but not limited to, an accidental spill or anon-customary batch discharge. STANDARD INDUSTRIAL CLASSIFICATION (SIC CODE A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. SUPERINTENDENT. The person designated by the City of Meridian, to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this ordinance, or duly authorized representative. TOTAL SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and is removable by laboratory filtering. TREATMENT PLANT EFFLUENT. The discharge from the POTW into waters of the United States. SEWER PRETREATMENT ORDINANCE Page 11 of 46 TOXIC POLLUTANTS. Pollutants or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307 (33 U.S.C. 1317) of the Act. UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof. USER OR INDUSTRIAL USER. A source of indirect discharge. The source shall not include "domestic user" as defined herein. WASTEWATER. Liquid and water-carried industrial_wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. WASTEWATER DISCHARGE PERMIT (INDUSTRIAL WASTEWATER DI_SCHARGE PERMIT, DISCHARGE PERMIT . An authorization or equivalent control document issued by the City of Meridian to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this ordinance. WASTEWATER TREATMENT PLANT OR TREATMENT PLANT. That portion of the POTW which is designated to provide treatment of municipal sewage and industrial wastewater. The use of the singular shall be construed to include the plural shall include the singular as indicated by the context of its use. SECTION 9-2-2 -GENERAL REQUIREMENTS 9-2-2-1 Prohibited Discharge Standards A. General Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or nor they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. B. Specific Prohibitions: No user shall introduce or cause to be introduced into the POTW: the following pollutants, substances, or wastewater. 1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with aclosed-cup SEWER PRETREATMENT ORDINANCE Page 12 of 46 flashpoint of less than 140 F (60 C) using the test methods specified in 40 CFR 261.21; 2. Wastewater having a pH less than 6.5 or greater than 9.0 or otherwise causing corrosive damage to the POTW or equipment. 3. Solid or viscous substances in amounts which cause obstruction of the flow in the POTW resulting in interference [but in no case solids greater than I/2 inch or 1.27 crn in any dimension}; 4. Pollutants, including oxygen-demanding pollutants (BOD, etc), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. 5. Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C) unless the Approval Authority, upon the request of the POTW, approves alternate temperature limits; 6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Trucked or hauled pollutants, except at discharge points designated by the Superintendent or designee; 9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewer or collection system for maintenance or repair; 10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the City's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life; 11. Wastewater containing any radioactive wastes or isotope except as specifically approved by the Superintendent or designee in compliance with applicable State or Federal regulations; 12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, non-contact cooling water, and unpolluted SEWER PRETREATMENT ORDINANCE Page 13 of 46 water, unless specifically permitted by the Superintendent or designee; 13. Any sludge's, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes; 14. Medical wastes, except as specifically authorized by the Superintendent or designee; 5. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; 16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; 17. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) consecutive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. 18. Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. 19. Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits. 20. Any wastewater, which in the option of the Superintendent or designee can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the Superintendent or designee (except that no special waiver shall be given from categorical pretreatment standards). 21. The contents of any tank or vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless said person has first obtained testing and approval as may be generally required by the City of Meridian and paid all fees assessed for the privilege of said discharge. 22. Any hazardous waste as defined in rules published by the State of Idaho or in 40CFR Part 261. 23. Persistent pesticides and/or pesticides regulated by the Federal SEWER PRETREATMENT ORDINANCE Page 14 of 46 Insecticide Fungicide Rodenticide Act (FIFRA). 24. Sewage sludge, except in accordance with the city's NPDES permit, providing that it specifically allows the discharge to surface waters of sewage sludge pollutants. 25. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 26. Limitation Discharge Point; No person shall discharge any substance directly into a manhole or other opening into the POTW without a current permit issued by the Superintendent or designee. 27. Ground Water/Wastewater generated from the cleanup of spills, leaking underground storage tanks, monitoring wells or other similar sources shall not be discharged to the sewer or collection system without a temporary discharge permit issued by the Superintendent or designee. 28. Any substance which may cause the POTW's bio-solid effluent or treatment processes to be unsuitable for reclamation and reuse. 29. Prohibitions on Unpolluted Water: Unpolluted water, including, but not limited to, swimming pools, ponds, non contact cooling water, process water or blowdown from cooling towers and evaporative coolers shall not be discharged through direct or indirect connection to the POTW unless authorized through a temporary discharge permit. 30. Best Management Practices or BMPs; schedules of activities, prohibitions of practices, maintenance procedures, treatment requirements as specified by the City of Meridian to meet acceptable discharge of influent wastewater to the collection system and POTW. 31. Each business establishment for which a grease interceptor is required shall have an interceptor which shall serve only that establishment. 9-2-2-2 Federal Categorical Pretreatment Standards The National categorical pretreatment standards as amended and promulgated by EPA pursuant to the Act and as found at 40 CFR Chapter I, Subchapter N, Parts 405-471. are hereby incorporated. and shall be enforceable under this ordinance. 9-2-2-3 State Requirements State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations, or those in this ordinance or other applicable ordinances. 9-2-2-4 Local Limits SEWER PRETREATMENT ORDINANCE Page 15 of 46 The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing pollutants in excess of the following specified discharge limits: Parameter Arsenic Cadmium Chromium (total) Copper Cyanide (total) Iron Lead Mercury Nickel Silver Zinc Total Organics (TTO) Maximum Daily Concentration (mg/1) 4.0 mg/1 0.8 mg/1 3.2 mg/1 5.0 mg/1 5.0 mg/1 1.50 mg/1 4.0 mg/1 0.16 mg/1 5.81 mg/1 4.0 mg/1 5.0 mg/1 2.13mg/1 ** The above limits apply at the point where the wastewater is discharged to the POTW (end of pipe). All concentrations for metallic substances are for "total" metal unless indicated otherwise. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. **Metal Finishing Subcategory of 40 CFR, part 433.11 (e) provides definition for the term TTO as to mean the total toxic organics, which is the summation of all quantifiable values greater than 0.01 milligrams per liter for the listed toxic organics identified in 40 CFR part 433.11 (e). ** See list of organic chemicals included in total toxic organics (TTO) regulated under electroplating and metal finishing categories maintained at the Meridian POTW. The following pollutants are regulated to ensure compliance with the City of Meridian NPDES Permit. Higher concentration levels of wastewater discharge for the following are subject to City Code 9-4-9 C1. Biochemical Oxygen Demand (BOD) Total Suspended Solids (TSS) Chemical Oxygen Demand (COD) Phosphorus 9-2-2-5 The City of Meridian Right of Revision The City of Meridian reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. 9-2-2-6 Special Agreement SEWER PRETREATMENT ORDINANCE Page 16 of 46 The City of Meridian reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard of federal pretreatment requirement. However, users may request anet/gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the Approval Authority in accordance with 40 CFR 403.13. 9-2-2-7 Dilution No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. 9-Z-2-8 Pretreatment Facilities Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all applicable pretreatment standards and requirements set out in this ordinance within the time limitations specified by the EPA, the State, or the Superintendent, whichever is more stringent. Any facilities required to treat wastewater to a level acceptable to the City of Meridian shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City of Meridian for review and shall be acceptable to the City of Meridian before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City of Meridian under the provisions of this ordinance. 9-2-2-9 Deadline for Compliance with Applicable Pretreatment Requirements Compliance by existing sources covered by Categorical Pretreatment Standards shall be within 3 years of the date the Standard is effective unless a shorter compliance time is specified in the appropriate standard. The City of Meridian shall also establish a final compliance deadline for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for said user are more restrictive than the federal Categorical Pretreatment Standards. New source and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed ninety (90) days from the beginning of discharge. New Sources and new users shall install, have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Any wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline established in EPA's Categorical Pretreatment SEWER PRETREATMENT ORDINANCE Page 17 of 46 Standards. Any other existing user or a categorical user that must comply with a more stringent local limit which is in non-compliance with any local limits shall be provided with a compliance schedule placed in an industrial wastewater permit to insure compliance within the shortest time feasible. 9-2-2-10 Additional Pretreatment Measures A. Whenever deemed necessary, the Superintendent or designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only to specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance. B. Each user discharging into the POTW greater than 10,000 gallons per day , shall install and maintain, on its property and its expense, a suitable storage and flow-control facility to insure equalization of flow over atwenty--four 24 hour period. The facility shall have a capacity for at least twenty-five percent (25%) of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent or designee. A wastewater discharge permit maybe issued solely for flow equalization. C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendence or designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, and sand, except that such interceptors shall not be required for residential users. All interceptor units shall be of type and capacity approved by the Superintendent or designee and shall be located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. D. Users with the potential to discharge flammable substances maybe required to install and maintain an approved combustible gas detection meter. 9-2-2-11-Accidental Spill Prevention Control Plans The Superintendent or designee may require any user to develop and implement an accidental spill prevention plan (ASPP) or slug control plan. Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the users cost and expense. An accidental spill prevention plan or slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The City of Meridian shall determine which user is required to develop a plan and require said plan to be submitted 60 days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the City of Meridian. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this ordinance. SEWER PRETREATMENT ORDINANCE Page 18 of 46 A. Any user required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following: (1) Description of discharge practices, including non-routine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW of any accidental or slug discharge. (4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response. B. The user shall immediately telephone and notify the Wastewater Treatment Plant of the incident regulated by this ordinance. The notification shall include the location of the discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law. C. Within five (5) days following an accidental discharge, the user shall submit to the Superintendent or designee, a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which maybe incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which maybe imposed by this ordinance or other applicable law. D. Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees, who may cause or discover such a discharge with respect to emergency notification procedures. 9-2-2-12. Septic Tank Wastes A. Septic tank waste maybe introduced into the POTW only at a designated receiving structure at such times as designated by the Superintendent or designee. Wastewater discharge permits are required; waste will not be accepted without an approved permit application by the hauler company. B. The designated process requires the hauler to sign a disposal information sheet. This sheet requires name of hauler, address, driver, and truck identification, sources of waste, volume and characteristics of the waste or additional information as determined by the Superintendent or designee. C. Fees for dumping hauled waste will be established as part of the user fee SEWER PRETREATMENT ORDINANCE Page 19 of 46 system as authorized in Section 9-2-14-1 of this ordinance. D. Recreational vehicles (RV) waste tank effluent is allowed to be disposed by the general public at the POTW in the designated RV Dump Site. No permit is required at this time. Commercial haulers are not allowed to discharge at this site location. SECTION 9-2-3 -WASTEWATER DISCHARGE PERMIT No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent or designee. Any violation of the terms and conditions of the discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set forth in this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligations to comply with all federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. The Superintendent or designee may require other users, including liquid waste haulers, to obtain wastewater discharge permits to carry out the purposes of this ordinance. 9-2-3-1 Wastewater Discharge Permitting: Ezisting: SIU Any SIU that was discharging wastewater into the POTW prior to the effective date of this ordinance and that wishes to continue such discharges in the future, shall, within (60) days after notification by the Superintendent or designee submit a permit application to the City of Meridian in accordance with Section 9-2-3-3 of this ordinance and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Superintendent or designee. 9-2-3-Z Wastewater Discharge Permitting: New Source and New User At least 90 days prior to the anticipated start-up, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the City of Meridian to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the city at least the information listed in paragraphs (A)-(E) of Section 902-3-3. Anew source or new user cannot discharge without first receiving a wastewater discharge Uermlt from the City of Meridian. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New Sources and new users shall give estimates of the information requested in paragraphs (D) and (E) of Section 9-2-3-3. 9-2-3-3 Wastewater Discharge Permit Application Contents All users required to obtain a wastewater discharge permit must submit, at a minimum, SEWER PRETREATMENT ORDINANCE Page 20 of 46 the following information. The superintendent or designee shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12 (b). A. Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners. B. Permits. The user shall submit a list of all environmental control permits held by or for the facility. C. Description of operations The user shall submit a City DDF (Data Disclosure Form) that describes the operational processes. D. Flow Measurement. (1) Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: (i) Regulated or manufacturing process streams; and (ii) Other streams as necessary to allow use of the combined waste stream formula [40 CFR 403.6 (e)] (2) Non-Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: (i) Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the Superintendent or designee. The City of Meridian may allow for verifiable estimates of these flows where considerations justified by cost or feasibility. E. Measurements of pollutants (1) Categorical User: (i) The user shall identify the applicable pretreatment standards for each regulated or manufacturing process. (ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the Categorical Pretreatment Standard or as required by the City) of regulated pollutants (including standards contained in Section 9-2-1 through 9-2-4, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outline in Section 9-Z-5. SEWER PRETREATMENT ORDINANCE Page 21 of 46 (iii) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of Section 9-2-3- 3 (E). (iv) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6 (e) for a categorical user, this adjusted limit along with supporting data shall be submitted as part of the application. (2) Non-Categorical User (i) The user shall identify the applicable pretreatment standards for its wastewater discharge. (ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration in the discharge (or mass where required by the City of Meridian) of regulated pollutants contained in Section 2.1 through 2.4, as appropriate. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Section 5. (iii) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of Section 9-2-3- 3 (E). (iv)Where the Superintendent or designee developed alternate concentration or mass limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application. F. Certification. The user shall submit a statement, worded as specified in Section 9-2-3-4, which has been reviewed by an authorized representative of the user, and certified by a qualified professional, indicating whether the applicable Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet the applicable Pretreatment Standards and Requirements. G. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the applicable Pretreatment Standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment and /or O and M. The users schedule shall conform with the requirements of section 9-2-4-3. The completion date in this schedule shall not be later than the completion date established pursuant to section 9-2-2-9 of this ordinance. (1) Where the user's categorical Pretreatment Standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e), and/or a Fundamentally Different Factors variance (40 CFR 403.13) at the time the user submits the report required by this paragraph, the information required by paragraphs (F) and (G) of this section shall pertain to the modified limits. SEWER PRETREATMENT ORDINANCE Page 22 of 46 (2) If the categorical Pretreatment Standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e), and/or a Fundamentally Different Factors variance (40 CFR 403.13) after the user submits the report required by paragraphs (F) and (G) of this section, then a report containing modified information shall be submitted by the user within 60 days after the new limit is approved. H. The user shall submit any other information as maybe determined necessary by the superintendent or designee to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. 9-2-3-4 Signatory and Certification Requirement All wastewater discharge permit applications and user reports must be signed by a responsible officer or manager, sole proprietor or general partner as applicable or duly authorized representative. A. For the purpose of this section, a responsible officer or manager means; a. a president, vice president, secretary, or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy-or decision-making functions for the corporation, or b. the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. This authorization must be made in writing by the principle executive officer or ranking elected official and submitted to the Approval Authority prior to or together with the report being submitted of the user and contain the following certification statement: B. A duly authorized representative is an individual designated by the responsible officer, manager, sole proprietor or general partner in writing. The written authorization must be submitted to the City of Meridian and also specifies either an individual or position having the responsibility of the overall operation of the facility from with the industrial Discharge originates, such as the position of plant manager, SEWER PRETREATMENT ORDINANCE Page 23 of 46 operator of a well, or well field superintendent, or a position of equal responsibility, or having overall responsibility for environmental matters for the company. If an authorization in this section is no longer accurate because a different individual or position has responsibly for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the City of Meridian prior to or together with any reports to be signed by an authorized representative. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 9-2-3-5 Wastewater Discharge Permit Decisions The Superintendent or designee will evaluate the data furnished by the user and may require additional information within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent or designee will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within [30] days of full evaluation and acceptance of the data furnished. The Superintendent or designee may deny any application for a wastewater discharge permit. 9-2-3-6 Wastewater Discharge Permit Contents Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent or designee to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate bio-solids management and disposal, and protect against damage to the POTW. A. Wastewater discharge permits must contain the following conditions: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; (2) A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the City of Meridian and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Applicable pretreatment standards and requirements, including any special State requirements; SEWER PRETREATMENT ORDINANCE Page 24 of 46 (4) Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; (5) Requirements for immediate notification to the City of Meridian where self- monitoring results indicate non-compliance; (6) Requirement to report a bypass or upset of a pretreatment facility; (7) Requirement to report immediately to the City of Meridian all discharges, including slug loadings, that could cause problems to the POTW; (8) Requirement for the SILT who reports non-compliance to repeat the sampling and analysis and submit results to the City of Meridian within 30 days after becoming aware of the violation; (9) A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. (10) Requirements to control Slug discharges, if determined by the POTW to be necessary. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent any or all unwanted discharges; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; (8) Any special agreements the Superintendent or designee chooses to continue or develop between the City of Meridian and user; (9) Other conditions as deemed appropriate by the Superintendent or designee to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations SEWER PRETREATMENT ORDINANCE Page 25 of 46 9-2-3-7 Wastewater Discharge Permit Appeals Any person, including the user, may petition the City of Meridian to reconsider the terms of a wastewater discharge permit within (30) days of its issuance. A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. D. If the City of Meridian fails to act within (20) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Meridian Board of Appraisers by filing a written request for appeal with the Meridian City Clerk within ten (10) days after the decision of the Superintendent is postmarked for mailing to the appellant. The Board of Appraisers shall hold a hearing on the appeal. The appealing party may appear and present evidence and testimony at such hearing. The decision of the Board of Appraisers regarding the petition shall be in writing. F. The decision of the Board of Appraisers maybe appealed to the City Council by filing a notice requesting appeal with the City Clerk's office within ten (10) days after the decision is postmarked for mailing. The City Council may, in its discretion, decide the appeal based solely upon the facts determined by the Board of Appraisers. The decision of the City Council becomes final when it is postmarked for mailing to the appellant. G Aggrieved parties seeking judicial review of a final administrative decision made pursuant to this chapter must do so by filing a complaint with the Clerk of the Court of Ada County, Idaho, within twenty-eight (28) days after the date the decision becomes final. 9-2-3-8 Wastewater Discharge Permit Duration Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit maybe issued for a period less than five (5) years, at the discretion of the Superintendent or designee. Each wastewater discharge permit will indicate a specific date upon which it will expire. 9-2-3-9 Wastewater Discharge Permit Modification The Superintendent or designee may modify the wastewater discharge permit for good SEWER PRETREATMENT ORDINANCE Page 26 of 46 cause including, but is not limited to, the following: A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; D. Information indicating that the permitted discharge poses a threat to the City of Meridian POTW, City personnel, or the receiving waters; E. Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report; G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; H. To correct typographical or other errors in the wastewater discharge permit; I. To reflect a transfer of the facility ownership or operation to a new owner or operator. J. To incorporate special conditions resulting from the issuance of a special order or an enforcement action by the City of Meridian. 9-2-3-10 Wastewater Discharge Permit Transfer Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days-advance notice to the Superintendent or designee and the Superintendent or designee approves the wastewater discharge permit transfer. The notice to the Superintendent or designee-must include a written certification by the new owner or operator which: A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; B. Identifies the specific date on which the transfer is to occur; and C. Assumes full responsibility for complying with the existing wastewater discharge permit beginning on the date of the transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer. Provided that the notice required above occurred and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and will be covered by the existing limits and requirements in the previous owner's permit. 9-Z-3-11 Wastewater Discharge Permit Revocation Wastewater discharge permits may be revoked for, but not limited to, the following reasons: A. Failure to notify the Superintendent or designee of significant changes prior SEWER PRETREATMENT ORDINANCE Page 27 of 46 to the changed discharge; B. Failure to provide prior notification to the Superintendent or designee of changed conditions; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self-monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the Superintendent or designee immediate access to the facility premises and records upon request; G. Failure to meet effluent limitations; H. Failure to pay fines or fees; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater survey or the wastewater discharge permit application L. Failure to provide advance notice of the transfer of a permitted facility; or M. If the Superintendent or designee has to invoke its emergency provision as cited in Section 9-2-9-2 of the ordinance. N. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance. Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. 9-2-3-12 Wastewater Discharge Permit Re-Issuance A user who is required to have a wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a completed wastewater discharge permit application, in accordance with Section 9-2-3 of this ordinance, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit. A user, whose existing discharge permit has expired and has submitted its re-application in the time period specified herein shall be deemed to have an effective discharge permit until the Superintendent or designee issues or denies a new discharge permit. A user whose existing discharge permit has expired and who failed to submit a re-application in the time period specified herein will be deemed to be discharging without a discharge permit in violation of this ordinance. SECTION 9-2-4 REPORTING REQUIItEMENTS 9-2-4-1 Final Compliance Report (Initial Compliance Report) A. Within 90 days following the date for final compliance of an existing Significant Industrial User with applicable pretreatment standards and requirements set forth in this ordinance, in federal categorical standards, SEWER PRETREATMENT ORDINANCE Page 28 of 46 or in a wastewater discharge permit, or, in the case of a new source or a new user considered by the City of Meridian to fit the definition of SIU, within 90 days following commencement of the introduction of wastewater into the POTW, the affected user shall submit to the City of Meridian a report containing the information outlined in Paragraph (D)-(F) of Section 9-2-3-3. B. For users subject to equivalent mass of concentration limits established by the City of Meridian in accordance with procedures established in CFR 40 403.6 (e), this report shall contain a reasonable measure of the users long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the users actual production during the appropriate sampling period. 9-2-4-2 Period Compliance Report A Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall comply with all applicable requirements under CFR 403.12 and submit to the City of Meridian during the months of June and December, unless required on other dates or more frequently by the City of Meridian, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year. B. The report shall include a record of the concentrations (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sample locations and shall also include any additional information required by this ordinance or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentrations (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than was required by the City of Meridian or by this ordinance, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period. C. Any user subject to equivalent mass or concentration limits established by the City of Meridian or by unit production limits specified in the applicable categorical standards shall report production data as outlined in Section 9-2-4-2 (B). D. If the City of Meridian calculated limits to factor out dilution or non- regulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and non-regulated flows. E. Flows shall be reported on the basis of actual measurement, provided, SEWER PRETREATMENT ORDINANCE Page 29 of 46 however, that the City of Meridian may accept reports of average and maximum flows estimated by verifiable techniques if the City of Meridian determines that an actual measurement is not feasible. F. Discharges sampled shall be representative of the user daily operations and samples shall be taken in accordance with the requirements specified in section 9-2-5. G. The City of Meridian may require reporting by users that are not required to have an industrial wastewater discharge permit, in accordance to 40 CFR 403.12(h), if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor which is related to the operation and maintenance of the sewer system. H. The City of Meridian may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City of Meridian agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the City of Meridian for the sampling and analysis. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The City of Meridian is under no obligation to perform periodic compliance monitoring for a user. 9-2-4-3 Compliance Schedules for Meeting Applicable Pretreatment Standards A. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). B. No increment referred to in a paragraph (A) of this section shall exceed 9 months. C. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the City of Meridian including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports. 9-2-4-4 Notification of Significant Production Changes Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the City of Meridian within two (2) business days SEWER PRETREATMENT ORDINANCE Page 30 of 46 after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater dischazge permit. 9-2-4-5Hazardous Waste Notification Any user that is dischazging more than 15 kilograms of hazardous waste as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e) is required to provide a one time notification in writing to the City of Meridian, to the EPA Region 10 Office of Waste and Chemicals Management Director, and to the State of Idaho Department of Environmental Quality Hazardous Waste Division. Any existing user exempt from this notification shall comply with the requirements contained within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the City of Meridian sewer system. Such notification shall include: A. The name of the hazardous waste as set forth in 40 CFR Part 261, B. The EPA Hazazdous waste number; and C. The type of discharge (continuous, batch, or other). D. If an industrial user dischazges more than 100 kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user: (1) An identification of the hazazdous constituents contained in the wastes. (2) An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month, and (3) An estimation of the mass of constituents in the wastestreams expected to be dischazged during the following 12 months. These notification requirements do not apply to pollutants akeady reported under the self-monitoring requirements. Whenever the EPA publishes the final rules identifying additional hazardous waste or new characteristics of hazardous waste, a user shall notify the City of Meridian of the dischazge of such a substance within 90 days of the effective date of such regulations. SEWER PRETREATMENT ORDINANCE Page 31 of 46 In the case of any notification made under Section 9-2-4-5, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. 9-2-4-6 Notice of Potential Problems Including Accidental Spills, Slug Loads Any user shall notify the Superintendent or designee immediately of all discharges that could cause problems to the POTW, including any slug loads, as defined in Section 9-2- 1-4. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the City of Meridian under state or federal law. 9-2-4-7 Non-compliance Reporting If sampling performed by a user indicates a violation, the user shall notify the Superintendent or designee within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within 5 days and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation [Where the Control Authority has performed the sampling and analysis in lieu of the Industrial User, the Control Authority must perform the repeat sampling and analysis unless it notifies the User of the violation and Requires the User to perform the repeat analysis]. Re-sampling is not required if: A. The POTW performs sampling at the Industrial User at a frequency of at least once per month, or B. The POTW performs sampling at the User between the time the initial sampling was conducted and the time when the User or POTW receives the results of this sampling. 9-2-4-8 Notification of Changed Discharge All users shall promptly notify the Superintendent or designee in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p). 9-2-4-9 Reports from Un-permitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City of Meridian as the Superintendent or designee may require. 9-2-4-10 Record Keeping Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any SEWER PRETREATMENT ORDINANCE Page 32 of 46 monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the Superintendent or designee. SECTION 9-2-5 SAMPLING AND ANALYTICAL REQUIREMENTS 9-2-5-1 Sampling Requirements For Users A. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24 hour composite samples must be obtained through flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period maybe composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the sample maybe composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the Superintendent or designee, as appropriate. B. For sampling required in support of baseline monitoring and 90-day compliance reports, a m;n;m~ of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist, for facilities for which historical sampling data are available, the Superintendent or designee may authorize a lower minimum. For the reports required by 40CFR 403.12 (e) and (h), the Superintendent or designee shall require the number of grab samples necessary to assess and assure compliance by Industrial Users with Applicable Pretreatment Standards and Requirements. C. Samples shall be taken immediately downstream from pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the City of Meridian and specified in the user's wastewater discharge permit. For categorical user's, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastewater formula of SEWER PRETREATMENT ORDINANCE Page 33 of 46 40 CFR 403.6 (e) in order to evaluate compliance with the Categorical Pretreatment Standards. For other SIUs, for which the City of Meridian has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s). D. All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that the wastestream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more fr uently than was required in its wastewater discharue permit using methodologies in 40 CFR Part 136 it must submit all results of same and analysis of the discharge as part of its self-monitorin r ort. 9-2-5-2 Analytical Requirements All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. 9-2-5-3 The City of Meridian Monitoring of User's Wastewater The City of Meridian will follow the same procedures as outlined in Sections 9-2-5-1 and 9-2-5-2. SECTION 9-2-6 COMPLIANCE MONITORING 9-2-6-1 Inspection and Sampling The City of Meridian shall have the right to enter the facilities of any user to ascertain whether the purpose of this ordinance and any wastewater discharge permit or order issued hereunder is being met and whether the user is complying with all requirements thereof. Users shall allow the Superintendent or designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification the Superintendent, or designee, will be permitted to enter without delay for the purposes of performing specific responsibilities. B. The Superintendent or designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. C. Any temporary or permanent obstruction to safe and easy access to the facility to SEWER PRETREATMENT ORDINANCE Page 34 of 46 be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Superintendent or designee and shall not be replaced. The costs of clearing such access shall be borne by the user. D. Unreasonable delays in allowing the Superintendent or designee access to the user's premises shall be a violation of the ordinance. 9-2-6-2 Monitoring Facilities Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City of Meridian. Each monitoring facility shall be situated on the user's premises, except, where such a location would be impractical or cause undue hardship on the user, the City of Meridian may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The Superintendent or designee, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or a wastewater treatment system). There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The Superintendent or designee may require the user to install monitoring equipment as necessary. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. 9-2-6-3 Search Warrants If the Superintendent or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect as part of a routine inspection program of the City of Meridian designed to verify compliance with this ordinance or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent or designee shall seek issuance of a search and/or seizure warrant from the Court of proper jurisdiction located in Ada County, Idaho. Such warrant shall be served at reasonable hours by the Superintendent or designee in the company of a uniformed police officer of the City of Meridian. 9-2-6-4 Vandalism No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this ordinance. SEWER PRETREATMENT ORDINANCE Page 35 of 46 SECTION 9-2-7 -CONFIDENTIAL INFORMATION Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, City of Meridian inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent or designee, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. SECTION 9-2-8 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The City of Meridian shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or requirements. For the purposes of this provision, an industrial user in significant noncompliance if its violation meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) multiplied by the TRC [TRC=1.4 BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH]; C. Any other discharge violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum, longer-term average, instantaneous limit, or narrative Standard) that the POTW determines has caused, alone or in combination with any discharges, interference or pass SEWER PRETREATMENT ORDINANCE Page 36 of 46 through (including endangering the health of POTW personnel or the general public); D. Any discharge of pollutant that has caused imminent endangerment to the public or to the environment, or has caused the Superintendent or designee to exercise its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; . G. Failure to accurately report noncompliance; or H. Any other violation or group of violations, which may include a violation of Best Managements Practices, which the POTW determines will adversely affect the operation or implementation of the local Pretreatment program. SECTION 9-2-9 ADMINISTRATIVE ENFORCEMENT REMEDIES 9-2-9-1 Notification of Violation When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may serve upon that user a written Notice of Violation [via certified letter]. Within twenty (20) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent or designee. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Superintendent or designee to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 9-2-9-2 Consent Orders The Superintendent or designee may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to betaken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 9-2-9-4 and 9-2-9-5 of this ordinance and shall be judicially enforceable. Use of a consent Order shall not be a bar against, or prerequisite for, taking any action against the user. SEWER PRETREATMENT ORDINANCE Page 37 of 46 9-2-9-3 Show Cause Hearing The Superintendent or designee may order via a certified letter a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent or designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 9-2-9-4 Compliance Orders When the Superintendent or designee finds that a user has violated or continues to violate any provisions of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in that order. If the user does not come into compliance within the time specified in the order, sewer service maybe discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the non-compliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-9-5 Cease and Desist Orders When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent or designee may issue an order to the user directing it to cease and desist all such violations and directing the user to: 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-9-6 Administrative Fines A. When the Superintendent or designee finds that a user has violated, or SEWER PRETREATMENT ORDINANCE Page 38 of 46 continues to violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may fine such user in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other term average discharge limits, fines shall be assessed for each day during the period of violation. B. Unpaid charges, fines, and penalties shall after thirty (30) calendar days, be assessed an additional penalty of one percent (1%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1 %) per month. Alien against the user's property will be sought for unpaid charges, fines, and penalties. C. Users desiring to dispute such fines must file a written request for the Superintendent or designee to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, The Superintendent or designee shall convene a hearing on the matter within ten (10) days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City of Meridian may add costs of preparing administrative actions, such as notices and orders, to the fine. D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 9-2-9-7- Emergency Suspension of Service and Revocation of Permit The Superintendent or designee may, immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent or designee may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment. The City shall have the authority to physically cap, block or seal the user's sewer line (whether on public or private property) in order to terminate service under this Section. The City shall have the right to enter upon the user's property to accomplish the capping, blocking or sealing of the user's sewer line. The City may reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the non-complying discharge or condition creating the threat as set forth above. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent or designee shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimise danger to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent or SEWER PRETREATMENT ORDINANCE Page 39 of 46 designee shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City of Meridian that the period of endangerment has passed, unless the termination proceedings in Section 9-2- 2-8 of this ordinance are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent or designee prior to the date of any show cause or termination hearing in Section 9-2-9-3 and 9-2-9-8 of this ordinance. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 9-2-9-8 Termination of Discharge (Non-Emergency) In addition to the provisions contained in Section 9-2-12 of this ordinance, any user who violates the following conditions is subject to discharge termination: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or E. Violation of the pretreatment standards in Section 2 of this ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 9-2-3 of this ordinance why the proposed action should not be taken. Exercise of this option by the City of Meridian shall not be a bar to, or a prerequisite for, taking any other action against the user. SECTION 9-2-10 -JUDICIAL ENFORCEMENT REMEDIES 9-2-10-1 Injunctive Relief When the Superintendent or designee finds that a user has violated (or continues to violate) any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or designee may petition the Fourth Judicial District Court of Ada County, Idaho through the City of Meridian's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Superintendent or designee may also seek such other action as is SEWER PRETREATMENT ORDINANCE Page 40 of 46 appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 9-2-10-2 Civil Penalties A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Meridian for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The Superintendent or designee may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Meridian. C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. 9-2-10-3 Criminal Prosecution A user which has willfully or recklessly violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, and shall be prosecuted and punished accordingly. In addition, a user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall, upon conviction, be guilty of a misdemeanor and shall be prosecuted and punished accordingly. 9-2-10-4 Remedies Non-exclusive The remedies provided for in this ordinance are not exclusive. The City of Meridian may take any, all, or any combination of these actions against a noncompliant user. Further, the City of Meridian is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. SEWER PRETREATMENT ORDINANCE Page 41 of 46 SECTION 9-2-11-- SUPPLEMENTAL ENFORCEMENT ACTION 9-2-11-1 Performance Bonds The Superintendent or designee may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City of Meridian, in a sum not to exceed a value determined by the Superintendent or designee to be necessary to achieve consistent compliance. 9-2-11-2 Water Supply Severance Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user maybe severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. SECTION 9-2-12 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 9-2-12-1 Upset A. For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (C), below, are met. C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the Superintendent or designee within twenty-four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) working days): (a) A description of the discharge and cause of noncompliance; (b) The period ofnon-compliance, including exact dates and times or, if SEWER PRETREATMENT ORDINANCE Page 42 of 46 not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance with applicable pretreatment standards. F. Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. 9-2-12-2 Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 9-2-1 A and B(3) through 7 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either : (a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable bio-solids use or disposal requirements. 9-2-12-3 Bypass A. For the purposes of this section, (1) "Bypass" means the intentional or unintentional diversion of waste streams from any portion of a user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B. A user may allow a bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of paragraphs C and D of this section. C. Notice of Bypass (1) If a user knows in advance of the need for a bypass, it shall submit SEWER PRETREATMENT ORDINANCE Page 43 of 46 prior notice to the Superintendent or designee, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours. D. Bypass Conditions (1) Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (C) of this section. (Z) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (D)(1) of this section. SECTION 9-2-13 WASTEWATER TREATMENT RATES Wastewater treatment rates and charges shall be set by resolution of the Meridian City Council. SECTION 9-2-14 MISCELLANEOUS PROVISIONS 9-2-14-1 Pretreatment Charges and Fees The City of Meridian may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: A. Fees for wastewater discharge permit applications including the cost of SEWER PRETREATMENT ORDINANCE Page 44 of 46 processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and construction; D. Fees for filing appeals; and E. Other fees as the City of Meridian may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the City. 9-2-14-2 Severability If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. 9-2-14-3 Conflicts All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of the inconsistency or conflict. SECTION 3: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 4: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in the full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on the ~ ~~ day of 2007 its passage, approval and publication. / ~ PASSED by the City Council of the City of Meridian, Idaho, this ! ~ day of /`l , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of /Z , 2007. SEWER PRETREATMENT ORDINANCE Page 45 of 46 APPROVED: ATTEST: CITY CLERK ~~`~~ ~~'~ ~ Je ,..` ~~ ~ f~.~ '`~7, a°'~-~i~` - Cam'" ~.t try `.~: ~~, ~~ L5 ~~~~ tl~ ~® <~ l~~i~'{{{{pPP! Itf61~~a~pYYtu~~ SEWER PRETREATMENT ORDINANCE Page 46 of 46 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN ORDINANCE N0.07- ~ D AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE AND ENACTING A NEW TITLE 9 CHAPTER 2 SEWER PRETREATMENT OF THE MERIDIAN CITY CODE An Ordinance of the City of Meridian repealing Title 9 Chapter 2 of the Meridian City Code, relating to Sewer Pretreatment, providing for a new Title 9 Chapter 2 to be known as "The Sewer Pretreatment Ordinance" of the Meridian City Code. A full text of this ordinance is available for inspection at the City Clerk's Office, City Hall, City o~ Meridian, 33 East Idaho Avenue, Meridian, Idaho. This Ordinance~sha111~ ~"'~~ ~~ effective May 1, 2007 upon passage and publication. ~~`` ~°~ "l~gf~°, ~. ~~ . . ~` C~ ss ~e ~ /y~"^ ~ Mayor and City Counci of the Ci of ~~~~ _ By: William G. Berg, Jr., Cit~Cl ~ ~~~ ® ~ a~u` f c~b `~.. First Reading: ~- ~ 7~~ 7 Adopted after first reading by sirs' ~ ~ >T~ °'.` Rule as allowed pursuant to Idaho Code § 50-902: YES ~C NCj`%,C/f~y 91'1;~~~,®-.~° Second Reading: ~-- Third Reading: -- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- /3l> q 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- /,~0 ~' 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 Z~day of 2007. 1. .,~ William. L.M. Nary, City Atto SUM~VIARY FOR MERIDIAN SEWER PRETREATMENTORDINANCE PAGE 1 OF 1 April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT Wirt Edmonds ITEM NO. Z1 REQUEST Ordinance -- Request for Annexation and Zoning of 7.556 acres from RUT to an R-4 zone for Eastwood Subdivision - 4515 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~j. ` O / I !/ MERIDIAN SCHOOL DISTRICT: 1 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: l Emailed: Staff nitials: T " M4lerigis presented qt public meeMnpa shall become properly of fhe CNy of Meridian. ADA COUNTY RECORDER J. DAVID ~ - 'RRO AMOUNT .00 BOISE IDAHO 04/20/07 03:20 PM DEPUTY Bonnie Oberblllig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF Meridian City 10705~~ 1 S CITY OF MERIDIAN ORDINANCE NO. ~ t ° ` ~ l BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-045 EASTWOOD SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING IN THE NORTH 500 FEET OF THE EAST %Z OF THE SE 1/ OF THE SE 1/ OF SECTION 30, 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 A5 REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERNIINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIUM LOW DENSITY RESIDENTIAL 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: Witt & FYancis Edmonds and Shain and Rhonda Unvin. 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), 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-06-045 EASTWOOD 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 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 _ /'/j,~Y~~Z , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, v this l ~ day of /~'Y! Z , 2007. .~` ,~°~ ,~ :` ~~ ATTEST: ~~~ ~'~~ I~~ n ~~'r~` - WILLIAM G. BERG, JR., CITY ~ r ~~~ . `~ ~~o~` dJ~'/~ ' ~q,~^,Q\40 ANNEXATION OF AZ-06-045 EAST~VO . ~ ~H RATION de WEERD Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this _~ day of ~ p r e ~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®®®[~re®®`s• o®~~ i--- G~•~' ~SE~'~®TA,~'~,,~.. s . . ® ~ ~ . a o ~ . • `. a • NOTARY PUBLIC FOR IDAHO RESIDING AT: (l~~~La~, 1 ~ MY COMMISSION EXPIRES: ~1z1~1 ANNEXATION OF AZ-06-045 EASTWOOD ANNEXATION Page 3 of 3 Legal Description and Annexation Map Pr+a~easlvr~~.,l Lind Su~rey+ors c~ o ~ ~~~r~~p~ ~u~ ~K~ ,-.~ ~. ~. ~ I'RQP{D I~FJ~t[~0.1V ANt~~9CATiO1V: ~~ t or 1 two ~ ~ ~ t ! ~ X17 7~t ~.~ ~ ~ ~ ~ s ~ ~..~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- l 3! PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being in the North 500 feet of the East %2 of the SE % of the SE % of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 7.56 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 Meri~~an, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~dayof~ %Z, ,2007. ~~i~u6:;;iirrr,,, City ofMeridian Mayor and City Council = ~dz~ - By: William G. Berg, Jr., City Clerk ? ~~ ~~`~ _ First Reading: ~--~ ~.-~ O ~ ~''r, `~ ~'~~ ~``~ Ado ted after first readin b sus ension o z4~' P g Y p ~` i~s,~a~I`owed pursuant to Idaho Code 50-902: YES NO Second eading: Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- Q 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-~~.31 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. C~_~~~- - William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ-06-045 EASTWOOD SUBDIVISION Page 1 April 13, 2007 MERIDIAN CITY COUNCIL MEETING April 17, 2OO7 APPLICANT ITEM NO. ZZ REQUEST Discussion of Setting the Date, Time and Location of the City's Budget Hearing 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. April 13, 2t~7 MERIDIAN CITY COUNCIL MEETING April 17, 2007 APPLICANT ITEM NO. 23 REQUEST Executive Sesseion per Idaho State Code 67-2345(1)(c.) 8~ (f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materiels presented at pubdc meetinns shall become property of the City of Meridian. COMMENTS