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HomeMy WebLinkAbout2007-05-15• f f- .I . ~* ~~ ~' CITY OF ' ~ `~ `` - IDAHO Y" s Fc ~R '~ ~ TREASiJRE~~ 19~ • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 15, 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 the best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba Joe Borton ~_ Charlie Rountree ~ Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: S'~ pw,. /(~iZ~+d' 3. Community Invocation by Joe Anderson with Cole Community Church: 4. Adoption of the Agenda: ~~~`~°~^-~ 5. Consent Agenda: a~~rv-o~-- A. Approve Minutes of April 17, 2007 Pre-Council Meeting: ~~'~'~^°~ 13. Approve Minutes of April 17, 2007 City Council Regular Meeting: ~~"~•R- C. Approve Minutes of April 24, 2007 Pre-Council Meeting: wl~.,,..a ~ D. SHP 07-003 Request for Short Plat Approval for 3 condominium units in 1 building for Sparrowhawk Condominiums by Kestrel Grove Property, LLC - 2176 East Franklin Road.: E. Findings of Fact and Conclusions of Law for Approval: PP 07- 004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on Meridian City Council Meeting Agenda -May 15, 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. • • 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: G~ ra t+~e F. Findings of Fact and Conclusions of Law for Approval: CUP 07-002 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 64 multi-family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: Gv~~~~r*i G. Development Agreement: AZ 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC -1780 East McMillan Road: Gr~,/~vv~ li. Development Agreement: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Biaser - 1440, 1516 and 1528 West Cherry Lane: ~j~ow~- I. Approve New Beer 8~ Wine license (2007-08) for Kovit LTD dba Siam Thai Restaurant at 2951 E. Overland Rd Ste 125: wj~o~- J. Approve Public Utilities, Irrigation, and Lot Drainage Easement with Strada Bellissima, LLC for the Strada Bellissima Out- ParceF: a~~roc~-c- K. Approve Task Order No. 4 with CH2MHill for continuation of Qualified Professional Engineer review services in lieu of plans submittal to IDEA for review: ~~~..e~.-~. L. Public Works Change Order No. 3 for the Black Cat Lift Station with JC Constructors., Inc. for $5,775.00: ~w M. Approve Agreement for Independent Contractor Services with Blue Rock Group, Inc. for Irrigation Construction at the Old Creamery Site for $24,000.00: a7~r~- N. Approve Agreement for Professional Services with Brown Environmental, Inc. for On-Site Operator Chlorine Training for $1,500.00: u7~,^9~,.t O. Amendment to Professional Service Agreement with Sage Community Resources for Louisiana Pacific Community Development Block Grant: o,~,~~ Meridian City Council Meeting Agenda -May 15, 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. Discussion of Renee Bentley's ReQUest for Waiver of City Services Hook Up Requirements for 2730 East Franklin Road: ~~~,~ ~ B. Legal Department: 1. Discussion of Citizens Committee. Review of Mayor and City Council Compensation: ~~~,~°~ 7. Items Moved from Consent Agenda: ho~?iir~ 8. Tabled from May 1, 2007: FP 07-011 Request for approval for 14 commercial building lots in a C-G zone for CentrePointe Subdivision No. 2 by Winston H. Moore -Northwest Corner of Ustick Road and Eagle Road: ~~~.~rt.- 9. MFP 07-003 Request to Modify Final Plat (FP 06-043) from the approved four (4) foot vinyl fence to allow a six (6) foot vinyl fence with three (3) foot step-down twenty (20) feet from right-of-way along Lot 2 and Lot 3, Block 1; between Lot 1 and Lot 2, Block 2; and to revise the landscape plan to show existing and mitigated trees on the site for Tapestry Subdivision by Raftis Capital, Inc. - 675 South Linder Road: G~.,~,My„~.` 10. FP 07-012 Request for Final Plat approval for 52 single-family residential building lots, 22 multi-family lots, 7 commercial lots, 2 private road lots, and 7 common lots on 27.36 acres in R-8, R-15, and C-G zones for Bienville Square Subdivision by Red Cliff Development - 2935 North Eagle Road: ~,~ f~ 6 _c~ , p7 11. Public Hearing: CPA 07-004 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil East Comprehensive Plan Amendment by the Joint School District No. 2 - 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): L ~ll~ {,v 6 _~=c~.l 12. Public Hearing: RZ 07-005 Request for a Rezone of 9.21 acres from I-L to a C-G zone for Jabil East Property by the Joint School District No. 2 - 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): ~~.,,~~,~, ~~h ~ ~ -,5- 13. Public Hearing: CPA 07-005 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use Meridian City Council Meeting Agenda -May 15, 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. designation from Industrial to Commercial for Jabil West Comprehensive Plan Amendment by the City of Meridian Planning Department - 915 East Central Drive (Lot 2, Block 1, Jabil Subdivision): ~ry~yrY~~ 14. Public Hearing: CPA 07-001 Request fora Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for the property located at 600 E. Franklin Road for Thomas Comprehensive Plan Amendment by Lynn Thomas -north of East Franklin Road and east of Meridian Road: u~~,rr~~ 15. Public Hearing: RZ 07-002 Request for a Rezone of 0.628 of an acre from 1-L to C-G zone for the Lynn Thomas Property by Lynn Thomas - north of East Franklin Road and east of Meridian Road: ~~rro~'- 16. Public Hearing: For the Purpose of Reviewing and Considering Fee Cfianges authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including Proposed Changes to water and wastewater assessment., water meters and appurtenances, water system itemized damage fees, and water and sewer user rates: G~,.~S~..~~ llt. ~ s-yZ~o7 17. Ordinance No. d 7-' ~~~JC- AZ 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 East McMillan Road: ~~Prow-~ 18. Ordinance No. ~ ?- l3/ 6 RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the Northeast Corner of West 4 Street and Maple Street: o~~~- 19. Ordinance No. ~ 7- l 3 l 7 RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Blaser - 1440, 1516 and 1528 West Cherry Lane: t~~~- 20. Ordinance No. ~ 7~ ~ ~ l S Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding.: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effective Dater a~~~ ~- 21. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) - (to consider and advise its legal representatives in pending litigation): ~ Meridian City Council Meeting Agenda -May 15, 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. • Meridian City Council Meeting Mav 15, 2007 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, May 15, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird.., Charlie Rountree and Joe Borton. Others Present: Bill Nary, Will Berg., Anna Canning, Brad Watson, Len Grady, Bill Musser, Mark Niemeyer, 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: I will go ahead and start tonight's meeting. Thank you all for -- thank you for joining us. It is Tuesday, May 15th. Its ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance.: De Weerd: Item 2 is our Pledge of Allegiance and I don't know if I have father-daughter, but I know I at least will have father leading us in the pledge. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Joe Anderson with Cole Community Church: De Weerd.: Item No. 3 is our Community Invocation. Tonight we will be led by Joe Anderson and he's with Cole Community Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Joe, thank you for joining us. Anderson: Let's bow our heads. Heavenly Father, thank you for this great day. Your presence in life creates blessings all around us. Psalm 100:1 through two says: Shout for joy to the Lord all the earth. Worship him with gladness. Come before him with joyful songs. We see the spring season and the coming of summer, new life is all around us to teach us the value of the spiritual life that is found in you. In this great city of Meridian there are ups and downs in the relationships we build. New babies are born. New friends move in. Old friends pass on and others not so old. You are with us through it all. Psalm 33:18 through 20 says: But the eyes of the Lord are on those who fear him, on those whose hope is in unfailing love to deliver them from death and to give • • Meridian City Council May 15, 2007 Page 2 of 33 them life in famine. We will wait in the hope -- and hope for the Lord. He is our help and. our shield. Lord, may your Spirit be with us to encourage and be with our military to encourage and protect them. Ride along side our police and firefighters and keep them safe and watch over our city of Meridian and its loyal employees. May it continue to grow in a safe and successful -- may it continue to grow into a safe and successful place for us to live, work and play and raise our children. Bless our Mayor Tammy de Weerd and our Council members as they deliberate over the future and current needs we have in this city. Give them wisdom and sound judgment and as we leave this place later help us to see the ways we can bless those you put in our path and may you also expand our path to extend to those who are in need of blessings. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much. Item 4 is adoption of the agenda. Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird: On the regular agenda we have -- it has been requested to take Item FP 07-012, which is Item 10; Item 11, which is CPA 07-004, and Item 12, which is RZ 07-005, to continue them to June 5th, 2007. Item 17 is Ordinance 07-1315; 18 is Ordinance 07- 1316; 19 is 07-1317 ordinance, and 20 is 07-1318 ordinance number. And on No. 21, the Executive Session, along with (1) (c) and (1) (f) we need to add (1) (a) also as a sub title. With that I move that we approve the agenda as noted. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 17, 2007 Pre-Council Meeting: B. Approve Minutes of April 17, 2007 City Council Regular Meeting: C. Approve Minutes of April 24, 2007 Pre-Council Meeting: D. SHP 07-003 Request for Short Plat Approval for 3 condominium units in 1 building for Saarrowhawk Condominiums by Kestrel Grove Property, LLC - 2176 East Franklin Road..: • • Meridian City Council May 15, 2007 Page 3 of 33 E. Findings of Fact and Conclusions of Law for Approval.: PP 07- 004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 07-OD2 Request for a Conditional Use Permit approval to construct a multi-family development consisting of 64 multi-family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 West Pine Street: G. Development Agreement: AZ 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 East McMillan Road: H. Development Agreement: RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Glaser - 1440, 1516 and 1528 West Cherry Lane: I. Approve New Beer $ Wine license (2007-08) for Kovit LTD dba Siam Thai Restaurant at 2951 E. Overland Rd Ste 125: J. Approve Public Utilities, Irrigation and Lot Drainage Easement with Strada Bellissima. LLC for the Strada Bellissima Out- Parcel: K. Approve Task Order No. 4 with CH2MHill for continuation of Qualified Professional Engineer review services in lieu of plans submittal to IDEA for review: L. Public Works Change Order No. 3 for the Black Cat Lift Station with JC Constructors.. Inc. for $5,775.00: M. Approve Agreement for Independent Contractor Services with Blue Rock Group,. Inc. for Irrigation Construction at the Old Creamery Site for $24,000.00: N. Approve Agreement for Professional Services with Brown Environmental. Inc. for On-Site Operator Chlorine Training for $1,500.00: O. Amendment to Professional Service Agreement with Sage Community Resources for Louisiana Pacific Community Development Block Grant: • Meridian City Council May 15, 2007 Page 4 of 33 De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published, with the Mayor to sign and the Clerk to attest on all papers. Rountree: Second.. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Ca11: Bird.,. yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works Department: 1. Discussion of Renee Bentley's ReQUest for Waiver of City Services Hook Utz Requirements for 2730 East Franklin Road: De Weerd.: Okay. Item 6 under Department Reports, we will start off with our Public Works Department, Brad. Watson: Thank you, Madam Mayor, Council members. I believe you have in your packet a letter from a Rene Bentley regarding a property located at 2730 East Franklin Road.. The property owner is seeking a rezone through Ada County Development Services and when that application hit Ada County, they referenced Resolution 03-401 that was adopted by the city in 2003 that requires connection to the City of Meridian services if it's within the impact area. Water and sewer services were installed in Franklin Road when that two mile stretch of road was rebuilt several years ago. Water and sewer services were stubbed into each of those properties along there. I haven't directly, but several of my staff have talked with the -- Ms. Bentley and the Public Works Department does not have the authority to waive that requirement, so I wrote her a letter and suggested that she come to Council to request that she not be required to connect to city services. One point of clarification. There are a multitude of properties along that particular stretch of Franklin Road that are not connected to city services. They either were existing prior to '03 or for one reason or another they haven't been referenced to the City of Meridian for connection. I don't know particularly the answer to that. That's about all I have. I believe the applicant is here -- yes., Ms. Bentley is here and, hopefully, she can clarify anything that I stated. Thank you. • Meridian City Council May 1.5, 2007 Page 5 of 33 De Weerd: Thank you. Would you like to come up? Bentley: My .property is -- • De Weerd: If you will, please, start with stating your name and your address. Bentley: My name is Rene Bentley and my physical address is 2155 North Glenfield, Way in Meridian. De Weerd: Thank you. Bentley: Okay. The property next to me, 2770 East Franklin Road, when they put in the Franklin Road -- when they widened Franklin Road it was also -- she had the opportunity to hook up to city sewer and water and speaking with her -- she's also commercial. And speaking with her she stated that the City of Meridian did allow her to stay on her septic and well. And so I guess my question is, you know, I would like to be able to stay on my sewer and -- my septic and water. Excuse me. In getting the property zoned to a C-2, it's a little different zoning than she has. She has an M-1, but now they don't offer that anymore in that location. So, I -- when I went to meet with the City of Meridian, because I have several properties in Meridian, this one was addressed as well and I asked them about this and they said that they didn't really have anything to do with the property on Franklin, because it was rural, so -- except that needed to go to Central District Health and get them to look at my septic and make sure it was, you know, going to handle up to 12 people, which this is a copy of the letter that I sent in. I totally rehab'd that, because -- I was told by Central District Health that that would suffice. I have already done the rehab on the location and I followed a lot of the city guidelines based on what my next door neighbor had given me that she had prior to -- that you had requested of her as far as landscaping and that type of thing and if you have driven by you probably can see that we have tried to follow all of the guidelines. The problem that I have at this point in time, if I have to hook up, I'm going to have to tear up blacktop and everything, because my understanding was Central District Health gave me the okay to stay on my septic. So, I'm asking for right now that I can stay on my well and septic and there won't be more than 12 people in there, which is what Central District Health told me that that would handle.. I also went in and redid the septic line from the house. We dug it up and it was -- it was in pretty bad shape, so we went ahead and replaced it. I was looking up then the price on that, it wasn't what thought and I put down in the letter it was around 5,000 dollars. If I had known that I could not hook up to my city to use my well and septic, I would have not put that money into that well. So, I got a little bit of misguidance there, but it did cost me quite a bit of money to do that. B;ut the amount of people that will be in that property -- I think that, you know, that it will handle that. I don't know. Do you have any questions? De Weerd: Council, any questions? Bird: I have none. • Meridian City Council May 15, 2007 Page 6 of 33 Zaremba; Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just a question in general, I guess. With the recent work that you have done, what would you expect the current life span of your septic system to be? They all fail at some point. How long do you figure it with last the way it is now? Bentley: I would say it's probably going to last -- because we went in and redid a lot of work. I would say -- and I put the new baffling in and all of that type of thing, so if we have it drained on a -- you know, and keep it, you know, drained, I guess they call it, you know, it should they figure maybe ten years, if they are not -- it's low usage, you know, that type of thing. I'm very nervous. De Weerd: That's all right. None of us have our crystal ball to know how long it will last, but it's not a brand new system, though? Bentley: No. No. Just the -- I redid the line and everything and had it pumped and checked the -- I had it all checked out by Roto Rooter and so they seemed to think that the system is, you know, good to go. De Weerd.: Okay. Council, any other questions? Bird: I have none. Bentley: Here is some of the paperwork that they had down at Ada County Development Services on the property next door to me, where they did -- I just copied some of this. I didn't know if you would need it. De Weerd.: Okay. We will see -- Council, would you like to see that? Rountree: Certainly. De Weerd: If you will hand it to the City Clerk. Bentley: I'm sorry? De Weerd: If you will hand that paperwork to the City Clerk. Bentley: Oh, the paperwork for that. De Weerd: Yes. Zaremba: Madam Mayor? • • Meridian City Council May 15, 2007 Page 7 of 33 De Weerd: Yes, Mr. Zaremba. Zaremba: For the sake of discussion -- and I'm not sure how to put it, but would it be appropriate to offer to waive the requirement for either a specific period of time, like ten years, or for a general statement, like until their current system fails, or, one, are we able to do that and, two, is there a way to phrase it? De Weerd: Brad, have we done this in the past? Watson: Madam Mayor, Council members, when you tie a timeline to something like this, especially something that's beyond 12 months, it becomes incredibly difficult to track. We try to avoid that when we can. Maybe a better condition would be if it changes zones -- zoning again or annexes or -- maybe there is a better mechanism that the city attorney could help us on. The one thing I neglected to mention or point out is this property is not annexable, as it were, at this point in time. De Weerd: I think we have used that at any one given time. Mr. Rountree. Rountree: Madam Mayor, I have a question for Brad as it relates to the process. Do we have an ordinance that establishes a requirement here or is this the requirement of the Central District Health since there is.availability of sewer and water? Watson: Madam Mayor, Council Members, Councilman Charlie -- or -- Rountree: I answer to about anything. Nary: He hasn't been here for awhile. Watson: I'm out of practice. I'm trying to remember the question now. There is a two fold answer. If Central District Health was going to issue a permit for a new septic system, they would contact us and ask for a letter of non-serviceability. In other words, we can't serve it by existing facilities. That -- if facilities exist, they would not issue a permit for a new septic system. It sounds like the existing system was sufficient with a minor amount of rehab. We don't have an ordinance that requires a county property to connect. However, this resolution that was approved by Council and folded into our section of the Comp Plan by the county does require that county properties that develop or rezone connect to city services. Now, the intent of that resolution at that time was geared more towards the large scale developments that at that time in north Meridian were telling us that they were going to develop and use onsite systems and their own system. That's really where that resolution got rolling. I don't know that -- and I'm speaking out of turn here. I'm not sure that the intent of that resolution was to gather up these small county parcels as they rezoned. That's my opinion. Rountree: Thank you. C~ Meridian City Council May Y5, 2007 Page 8 of 33 • De Weerd: Okay. Council, any other questions for staff or Ms. Bentley? Thank you so much. Okay. Council, I guess staff is loo-king for direction on this request. Bird: Madam Mayor? De Weerd.: Mr. Bird. Bird.: I would move that we allow the waiver of city services for Rene Bentley's property at 2730 East Franklin Road. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the request that's in front of you. Any discussion? Mr. Zaremba? Zaremba: Discussion. I'm happy with that direction. I guess my question would be do we want -- is there some way to trigger a sunset to that or are we saying forever? Bird,: Madam Mayor? De Weerd,: Yes, Mr. Bird.. Bird: My answer, Councilman Zaremba, would be that I don't know how we can put a sunset on it and, then, track it. It's -- I'm sure what sunset we put on will probably -- would probably be longer than this system is going to last. Zaremba: Well -- and perhaps -- Bird: I don't know how you put a time limit on something like this, nor would I attempt to myself. My motion did not include a time limit. Zaremba: Let me ask a question. If this system failed, they would have to go back to Central District Health to apply for a new one, at which time they'd say hook up. Okay. Bird.: That would be right. Zaremba: All right. Then, I'm comfortable with the motion as it stands. De Weerd: Okay. Any other discussion? Rountree: I have none. De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. • Meridian City council May 15, 2007 Page 9 of 33 MOTION CARRIED: ALL AYES. B. Legal Department: 1. Discussion of Citizens Committee Review of Mayor and City Council Compensation: De Weerd.: Okay. Thank you. Okay. Item 6-B our legal department. Mr. Nary? Nary: Thank you, Madam Mayor, Members of the Council. You may or may not recall, but a couple of years ago we did an analysis and engaged a voluntary citizens committee to recommend to you some changes to both the salaries for the Council Members, as well as the salary for the Mayor. In the wisdom of that decision we decided to have an ordinance that requires we do this every mayoral election year and so I have gathered some volunteers who would like to -- are willing to participate in this exercise. Our ordinance requires there be at least seven members from the community and the ordinance says various citizens, civic leaders, and former elected officials of the city. I looked what we did a couple of years ago in trying to get across-section of different -- different people with different size of businesses and different types of businesses and so I have provided you with a memorandum of who has agreed to participate and if it looks satisfactory to you, I'd like your permission to, then, go forward and get this group together, so that they can make some recommendations back to you prior to the budget process. We have asked -- former Councilmember Donnell has agreed to participate. Dr. Tom Hammond is a member of our city Historic Preservation Commission. Meg Glasgow is the chair of the City Arts Commission. Bob Shappee is the current Chamber of Commerce president. Chris Kline is one of the Edwards Jones Investment counselors here in the city. He had served on the committee prior in 2005 and I felt the continuity of having one member continue would be -- would be helpful. Also he has a small business, so we wanted to get people from both small and medium and large size businesses. Clint Shiflet, Vice-President -- one of the Vice-Presidents from Farmers and Merchants Bank has agreed and he's also a chamber member. And, then, Rex Warwick, director of sales from Blue Cross of Idaho, obviously, one of our larger employers in the city, has agreed. He's served on some other city committees previously as welh If this group isn't acceptable or if you would like more members, the ordinance just says a minimum of seven. If you would like me to search out a few more volunteers, if you would prefer, if you'd like me to change some folks, whatever your preference is. De Weerd: Council, any comments? Questions? Rountree: Madam Mayor, my comment is that it seems to me like a pretty diverse and well rounded group of folks and I don't have any suggestions for any further members. De Weerd: Okay. Anything else, Council? • Meridian City council May 15, 2007 Page 10 of 33 Zaremba: Madam Mayor, I would add to the consensus of support for this as presented. De Weerd: Okay. Mr. Nary, do you need it approved by Council vote? Nary: Voice vote would probably be fine. De Weerd: Okay. Do I have a motion to approve? Zaremba: Madam Mayor, I move we provide a consensus in approval of the formation of this committee according to the memorandum dated May 15th, 2007. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the item before you and the recommendation by our city attorney. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There are no items moved from the Consent Agenda. Item 8: Tabled from May 1, 2007: FP 07-011 Request for approval for 14 commercial building lots in a C-G zone for CentrePointe Subdivision No. 2 by Winston H. Moore -Northwest Corner of Ustick Road and Eagle Road: De Weerd: Item 8 we do have a letter from the applicant that they agree with the staff comments. Council? Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-011, approval of 14 commercial building lots in a C-G for CentrePointe Subdivision No. 2. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 8. If there is no discussion, Mr. Berg, will you call roll.. Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. • • Meridian City Council May 15, 2007 Page 11 of 33 MOTION CARRIED: ALL AYES. Item 9: MFP 07-003 Request to Modify Finai Plat (FP 06-043) from the approved four (4) foot vinyl fence to allow a six (6) foot vinyl fence with three (3) foot step-down twenty (20) feet from right-of-way along Lot 2 and Lot 3, Block 1; between Lot 1 and Lot 2, Block 2; and to revise the landscape plan to show existing and mitigated trees on the site for Tapestry Subdivision by Raftis Capital, Inc. - 675 South Linder Road: De V1/eerd: Okay. Item 9 is MFP 07-003. I will start this item with staff comments. Canning: Madam Mayor, Members of the Council, this is a final plat modification. The property is Tapestry Subdivision, which is located on the west side of Linder Road above Waltman Street or above I-84, north of I-84. The request before you tonight is just some minor changes in the landscape plan. They had proposed four foot fences in a couple of areas and they now would like to do six foot fences for a greater sense of privacy on those properties and, also, they wanted to reflect which of the existing trees needed to be removed. They had thought that they could save some, but after discussing with our parks department found that they needed to remove a couple of the existing trees they hadn't anticipated. And those are the only changes. There is no letter from the applicant, because we are., basically, recommending what they originally requested and staff feels that it's as good or better solution for the landscaping. I'll answer any questions the Mayor and Council may have. De Weerd: Council, do you have any comments, questions, for staff on this item? Bird: I do not, Mayor. De Weerd.: Okay. Bird: Madam Mayor? De Weerd.: Yes, Mr. Bird. Bird: No discussion, I move we approve MFP 07-003. Zaremba; Second. De Weerd: Okay. I have a motion and a second to approve Item No. 9. Is there any discussion? Rountree: I have none. De Weerd.: Mr. Berg, will you call roil. Roll-Call: Bird, yea; Rountree, yea.; Zaremba, yea; Borton, yea.. • Meridian City Council May 15, 2007 Page 12 of 33 MOTION CARRIED: ALL AYES. Item 10: FP 07-012 Request for Final Plat approval for 52 single-family residential building lots, 22 multi-family lots, 7 commercial lots, 2 private road lots, and 7 common lots on 27.36 acres in R-8, R-15, and C-G zones for Bienville Square Subdivision by Red Cliff Development - 2935 North Eagle Road: Item 11: Public Hearing: CPA 07-004 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil East Comprehensive Plan Amendment by the Joint School District No. 2 - 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): Item 12: Public Hearing: RZ 07-005 Request for a Rezone of 9.21 acres from I-L to a C-G zone for Jabil East Proaerty by the Joint School District No. 2 - 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): De Weerd: Okay. Anna, as I understand it, Items 10, 11, 12 and 13 have been requested to continue? Canning: No, ma'am. Just 10, 11, and 12. Bird:: Not 13. Zaremba: Not 13. De Weerd: Okay. Not 13, even though it has to do -- oh, with Jabil West. Canning: Madam Mayor, Members of the Council, would you like a brief explanation? De Weerd: I would like that. I would appreciate it. Canning: The Jabil East properties are where the current Jabil facility sits and because there is a rezone associated with it, they needed to post the site. They weren't clear on that, so they failed to post the site, so we are continuing those two. This is just -- Item No. 13 is a Comprehensive Plan amendment just west of that property. It's an empty lot with the ball fields -- soccer field currently on it. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we continue Item 10, FP 07-002. • • Meridian City Council May 15, 2007 Page 13 of 33 Bird: Second.. Zaremba: To our meeting of June 5th, 2007. Bird; Second. De Weerd: Okay. I have a motion and a second to continue Item No. 10 to June 5th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we continue both Items 11 and 12, CPA 07-004 and RZ 07-005, to our regularly scheduled meeting of June 5, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue -- actually, I believe should open these two public hearings first. I will open the public hearings on Items 11 and 12. I do have a motion to continue these two items for CPA 07-004 and RZ 07-005, to June 5th, 2007. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: CPA 07-005 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for _J_abil West Comprehensive Plan Amendment by the City of Meridian Planning De Weerd.: Okay. Item 13 is a Public Hearing on CPA 07-005. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Jabil West property. We call it that not because the Jabil facility actually sits on this, but it was part of the original Jabil Subdivision. So, it's the western portion of the subdivision currently zoned I-L The proposal before you tonight is a Comprehensive Plan amendment to change it from industrial to a commercial designation. Originally scheduled also to be heard tonight were the Comprehensive Plan amendment and rezone on the property immediately to the east, which would make the entire area commercial. So, we felt it was important to include this one as a Comprehensive Plan amendment, so that we had a consistent designation throughout the area. The applicant -- it is a 19 acre parcel and if approved the Comprehensive Plan amendment would allow the applicant to potentially obtain one of four commercial zones and those are the C-G, C-N, C-C and L-O districts. As you • Meridian City Council May t5, 2007 Page 14 of 33 may have noticed from the zoning map, most of the surrounding properties are zoned C-G. Again, there is an application in the works that you will hear next week to rezone the property to the east of this C-G as well. There is no development proposed at this time, so we don't have any elevations for you. The Planning and Zoning Commission did recommend approval at their April 19th, 2007, Public Hearing. No one spoke in favor of the applicant. The property owner's representative did not wish to speak. No one spoke opposition or commented and there was no written testimony. There were no key issues of discussion by the Commission, nor were there any changes from the Commission to the staffs initial recommendation. To our knowledge there are no outstanding issues before Council. And, again, staff actually asked this property owner to consider this Comprehensive Plan designation just to make the area -- the change in the Comprehensive Plan designation to make the area consistent, to not have the one industrial property on the north side of the freeway as you come off of Locust Grove. So, with that I will answer any other questions you may have. De Weerd: Thank you, Anna. Council, any questions? Zaremba: 'Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: At an unrelated meeting I heard somebody involved in Idaho State University, are purchasing part of the property that we are not talking about, express a far in the future hope that they might be able to buy this property and make it a school. Making a commercial designation out it would not prevent that, would it? Canning: No, sir. It would actually facilitate it and educational facilities are not currently allowed in industrial districts, but they are allowed in the commercial districts. Zaremba: Great. Thank you. De Weerd: Okay. Any other questions or comments? Rountree: I guess my only question is that is it possible to continue this, along with the other portions, so it's done together? Is there any advantage of doing this separate? Is there some advantage of making sure that the piece works together in the public process? Canning: Yes, sir, there is. We debated that and, actually, I'll have to tell Caleb he was right tomorrow that he had suggested that we also continue this one for that very reason. They are integrally tied. There was so little discussion at the Planning and Zoning Commission that we felt we could at least just get it off the agenda tonight, but if. that's desire of Mayor and Council, staff has no objection. The applicant -- there is no from the property owners representing it tonight, so that would be fine with staff. • Meridian City Council May Y5, 2007 Page 15 of 33 u Rountree: I have no issue either way, I just was thinking that if for some reason the other one doesn't go -- Canning: The Planning Commission did recommend approval of both. Rountree: Yeah. Okay. Thank you. De Weerd: Okay. Is there anything further from the Council? What would be your desire, to continue this item or would you like to take action? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My desire would be to take action tonight, because I -- you know, this is -- to me this is a breakaway property that really isn't going to affect the existing building or parking at all, so -- and staff is in favor of it, I believe. The applicant is agreeable to all the conditions and everything, so I would just as soon go ahead and get it taken care of. will make a motion if it's -- unless somebody else -- De Weerd: I would entertain a motion, then, to close the Public Hearing. Bird: Madam Mayor? De Weerd:: Yes, Mr. Bird. Bird.: I move we close the Public Hearing for CPA 07-005. Rountree: Second.,. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Berg. Bird: Madam Mayor, I move we approve CPA 07-005.. Rountree: Second.. De Weerd.: I have a motion and a second to approve Item 13. Council, is there any discussion? Hearing none., Mr. Berg, will you call ro11. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. • Meridian City Council May 15, 2007 Page 16 of 33 MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CPA 07-001 Request fora Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for the property located at 600 E. Franklin Road for Thomas Comprehensive Plan Amendment by Lynn Thomas -north of East Franklin Road and east of Meridian. Road: Btem 15: Public Hearing: RZ 07-002 Request for a Rezone of 0.628 of an acre from I-L to C-G zone for the Lynn Thomas Property by Lynn Thomas - north of East Franklin Road and east of Meridian Road.: De Weerd: Okay. Thank you. Item 14 is a Public Hearing on CPA 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Thomas property. It's located at 600 East Franklin and it's the vacant property immediately east of the Fire Station No. 1, as shown on the slide before you. The applications before you tonight include a Comprehensive Plan amendment and a rezone. The applicant is proposing to change an existing industrial designation to a commercial designation on about a .63 acre parcel. The property is currently zoned I-L and is within the corporate boundaries of the City of Meridian. Here is the current Comprehensive Plan designation. You will note that the surrounding properties are also designated industrial, even though they are zoned C-G. My understanding is that this was done through a planned development with a 20 percent use exception and that's how they got their current office buildings in there in the C-G zoning. So, they are asking to change just this one ,property to a commercial designation, so that they can have an office building built on it, and we have elevations of that proposed office building. The Commission recommended approval at their April 19th, 2007, Public Hearing. The applicant was not able to be present at the hearing. No one spoke in favor. No one spoke in opposition. No one commented. And there was no written testimony. The key issues of discussion by the Commission were the requirement of the development agreement to tie the applicant to the proposed elevations and that would be part of the rezone application, not the Comprehensive Plan amendment. Key issues of discussion by the Commission were -- oh, I already said that. Key changes to staffs initial recommendation were to add the provision fora development agreement that incorporates the proposed elevations as shown on the slide. And about the only outstanding issue for the City Council is whether or not you want that development agreement. There has been some written testimony since the staff report. It was just a letter from Mrs. Thomas stating she may not be able to attend tonight's hearing and that she agrees with the staff .report and the recommended development agreement provisions, but she is here, so we have her here tonight. And with that I will answer any questions you may have. De Weerd: Okay. Council, any questions for staff? Bird: I have none. • • Meridian City Council May 15, 2007 Page 17 of 33 Rountree: I have none. Zaremba; Madam Mayor'? De Weerd: Yes, Mr. Zaremba. Zaremba: Of course I have a question. This property being located right next to the fire station where we are building a new training tower, I want to make sure there is no perceived incompatibility between what will probably be an attractive commercial property and that training tower. Clearly, it's obvious that it's already being built, but just in protection of our fire department, could we add a phrase in the development agreement that says nobody can complain about the fire department's tower or do we need to? De Weerd: Or they get gonged. Canning: Madam Mayor, Members of the Council, I would look to Mr. Nary to answer that question. This property does sit lower. There is a little grade change here. You come down into this property. Also, the fire station itself would block visibility of that tower. It's my understanding that the tower I think is back here. I'm not sure exactly. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, will they -- so, they will have to bring their building up to grade like we did, because the property -- our property was that low originally. Won't they have to bring it up to grade, so that all the water from the street don't come down onto it? Canning: Madam Mayor, Members of the Council, I believe, Councilmember Bird, that the site has been graded for some time and when the subdivision went, I think the pad has been graded, so I think it all kind of flows to some other location than Franklin, I'm pretty sure, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would love to put a provision telling who could complain or not complain about things, but that's an inalienable right of citizenry here, so I don't think we can probably enforce something like that. De Weerd: We did require the neighbors across the street to sign that they couldn't complain. Meridian city council May 15, 2007 Page 18 of 33 Nary: Okay. Bird: They have never come to -- Canning; Never. Nary: We find they have been very quiet. De Weerd: Dead silent. Okay. Rountree: That's enough. De Weerd: Mrs. Thomas, do you have comments? Okay. If you will, please, state your name and address for the record. Thomas: My name is Lynn Thomas and my home address is 4790 Savannah Lane in Garden City. Good evening, everyone. We have a business park that's located where the site of the empty lot is. Currently we have a building to the south that is headquarters for Thomas Cuisine Management and, then, we have a two story commercial office building that's to the east of that and we just completed another commercial office building that's in front of the two story one. So, we want to make sure that our business park has commercial office and we have plans to build a one story that is similar to the one we are just finishing up, which would be probably about 5,000 square feet. So, we just want to be consistent. It's frontage on Franklin Road and it's -- it's apretty office complex and we would like to keep it that way by building a commercial office. De Weerd: Thank you. Council, do you have any questions for the applicant? Bird.,: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You heard the comment from the Planning Administrator about a development agreement. Do you have any concerns with that? Thomas: No, I don't. Rountree: Thank you. De Weerd: Any other questions? Thank you. Thomas: Thank you. Meridian City Council May 15, 2007 Page 19 of 33 De Weerd: And we expect in your lease agreements the no complaint clause.. Okay. Council? Bird: Madam Mayor? De Weerd.: Yes, Mr. Bird. Bird.: Nobody else wants to testify, I move we close the Public Hearing on Items 14 and 15. Rountree: Second... De Weerd: I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRfED: ALL AYES. De Weerd: Anna? Canning: Madam Mayor, not that I think there is anyone here, but I'm not sure you gave an opportunity for anyone else to testify. De Weerd: Well, usually Ralph or Hillary don't, unless -- unless they give me a nod that they would like to, we will go ahead and stand on that motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve CPA 07-001 with staff and applicant comments. Rountree: Second.. De Weerd: I have a motion and a second to approve Item 14. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15 is a Public Hearing on RZ 07-002 -- I didn't open Item 15. opened 14. Bird: Oh. Well, I closed 15 for you, too. Meridian City Council May 15, 2007 Page 20 of 33 De Weerd: Well, that's all right. I never opened it. Bird: Go ahead and open it. • De Weerd: See, this will give an opportunity for Ralph or Hillary to give testimony. Okay. We heard this Item consolidated with Item 14. If there is no public testimony, now is your chance. Seeing none -- Bird: Madam Mayor? De Weerd.: Yes., Mr. Bird.. Bird: I move we close Item 15, RZ 07-002. Rountree: Second again. De Weerd: All those in favor of closing Item 15 say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Mr. Bird. Bird: Madam Mayor, I move we approve RZ 07-002 with applicant and staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 15. 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. Stem 16: Public Hearing: For the Purpose of Reviewing and Considering Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including Proposed Changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees, and water and sewer user rates: De Weerd: Thank you. Item 16 is a Public Hearing for the purpose of reviewing and considering fee changes authorized in Title 9, Chapter 1, Water Use and Service, and Title 9, Chapter 4, Water Use and Service, of the Meridian City Code, including proposed changes to water and wastewater assessment, water meters, and -- what is that? • Meridian City Council May Y5, 2007 Page 21 of 33 Watson: Appurtenances. De Weerd: Okay. What he said. -- water systems, itemized damaged fees and water and sewer user rates. I will open this Public Hearing with staff comments. Watson: Thank you, Madam Mayor, Council members. I'll try to be brief, but there is a lot of information to cover here. This -- normally in the past we have done these somewhat piecemeal and done them over several public hearings. This year we wrapped them all into one, hence, probably, the two month delay in getting them in front of you. The fees have been calculated based on the same methodology we have used for the last however many years, six, seven, eight years, somewhere in there. I'll preface it by saying I sent this proposal to BCA April -- mid April and as of today received no phone calls, no e-mails, no letters, nothing from them. So, that aside, we can jump into it. The assessment fees are -- hopefully you have this in front of you. They are listed at the top of the page. They show a nearly 16 percent increase in the wastewater assessment fee per ERU and nearly 15 percent on the water side of things. The main reason for this is these fees are calculated on what's called an equity buy in methodology. The higher the value of your system, the higher the pro rata share that you are buying into. All of that money that we sunk into the wastewater system and the water systems over the last -- well, two years, really has -- is reflected in the higher fees. It's, really, a reflection of the investment we have all made in these systems. It is a big jump, but these were updated last year using the very same methodology and I think the increases last year were in the -- I have this here somewhere -- in the five to seven percent range. Just as an aside, the replacement value of the combined infrastructure has increased over 12 months from 131 million last year to nearly 166 million this current year. So, that's a significant investment that's been made and that's reflected in these fees. And please stop me before I move on to any others, if you have any questions. If there are no questions on the assessment fees, I will move to the rates. Okay. De Weerd: No. Watson: All right. Last year -- over the last couple of years we have done more of a macro analysis of the water and sewer rates. This year we decided to do a detailed cost-of-service analysis and it showed -- it kind of took a divergent path. It showed that the wastewater fees were clicking right along and that we were right on target with where we should be, with a modest increase. On the water side of things it showed that we had a somewhat substantial gap in what we were charging versus what we should .be charging. As you can see, the user charge for a thousand gallons would go from $1.05 per thousand to 1.39 per thousand proposed. There are quite a few reasons for this. The major ones are that the depreciation number that's used -- to calculate these user rates we have to fund depreciation. The figure that was given to us by finance over the last year had increased substantially. Well, that makes sense. The infrastructure value has increased substantially over the last couple years. It has increased in wastewater, too, but the scale of which it increased -- because the value was much greater than wastewater, it's not reflected as well, or much in wastewater. • Meridian City Council May 15, 2007 Page 22 of 33 The value of the water system, which was smaller, jumped a big amount, but the percentage was greater. Sorry. I'm kind of going down a rabbit trail here, but that's one of the major reasons. Another reason is that the cross-control program -- cross-control - -cross-connection control program was implemented about 18 months ago and that has now shown up in our budgets as an expense and we do get revenue, not -- but that doesn't cover the full cost of this. But this is a program that we have gone down that road, we have discussed that. A third reason that the rates increased is that the volume that we have sold has not increased proportionately to the population. And my rationale -- and I can't prove it -- is that until last year we were in somewhat of a drought, so we hit those summer months and people we were really ramping up in their use of water, particularly the areas that don't have PI systems. Last year we experienced a very very wet year and I was made acutely aware every month by the finance department that revenue was falling short of where it should be. The fourth reason is that the water system is very dependant on those costs that have been hit by inflation. The fuel. The power. The chemical costs. All of those things have hit the water department pretty hard over the last year and that's reflected in these fees. The minor reasons are that our consulting funds have gone up over the last couple of years and there is a variety of reasons. The water rights issues, some of the water quality issues that we have had to do, we had. to implement new testing programs that are required by the regulatory agencies. Those aren't huge costs, but cumulative they add up. And the one thing I really really want to state for the record is that this has -- those user rates have absolutely nothing to do with the new building that's going on out there. That was funded by assessment fees over the years. Just wanted to be clear. Miscellaneous charges. There is -- there are many of them. I spoke with both Rick Clinton and Chip Hudson at the water department. They propose no change in the majority of those fees this year. You know, there are a few that are dollars and cents different, but some are higher, some are lower this year, but they weren't even significant. So, we elected to just keep those the same to ease the transition -- or not have a transition as far as the building permits and the MUB's department is concerned, we will just go with the same rates for another year on those items. The one change is the hydrant meter rental. It goes from 2.50 a day to five bucks a day. We are going to try that. The contractors that rent these hydrant meters., they are disinclined to bring those meters back with a $2.50 per day fee. So, we are proposing that we raise that to provide a little more incentive to get those back. All right. Berg: Madam Mayor, could I ask a question? De Weerd: Yes, Mr. Berg. Berg: Do you charge a deposit on the meter? I know the rent is this much, but is there a deposit that would -- a refundable deposit that would maybe encourage them to return it? Watson: Madam Mayor -- no, there is not a deposit on hydrant meters. I asked that question of Mr. Clinton. I don't know the answer to that, but I could find out. I don't know why. There was a logical reason and I don't remember it right now. Meridian City Council May 15, 2007 Page 23 of 33 Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: The logic for moving it from 2.50 a day to five dollars a day I agree with, but it doesn't sound to me like that difference would be significant to -- I'm not sure that would encourage people to move any faster. If that's really the purpose, shouldn't we make it 50 bucks a day or -- I mean $2.50 the first day and 50 dollars for every day after that. Watson: Madam Mayor, Councilman Zaremba, I -- we did discuss it. It's difficult on a rental fee to be less than arbitrary, should I say that? All these other items we can quantify very well.. We talked about what -- how many days it takes to pay off a hydrant meter, our cost to buy one. When it was seta 2.50 it was in the neighborhood of 18 months was kind of the life span of those meters. Keep in mind these are the ones that the contractors have out in the field and they are -- when they are done they heave them into the back of their truck and even going to five dollars is -- I guess we could presume that the life span is less than a year. I'm not answering your question and I know that. I'm sorry. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, on these ones that we are renting out, are they keeping them so long that we have to go purchase new ones for rental or are they gradually coming in, so we are not having to purchase new ones? Watson: Madam Mayor, Councilman Bird., they -- the majority of them are keeping them and just paying the fee every month and they are not being returned. The ones that are being returned are the very small operators that have them for a couple weeks and bring them back. But, yes, we do have to buy more to put in the inventory. Bird: Madam Mayor, follow up? De Weerd: Yes. Bird: And, Brad, I think that maybe we need -- do need to look at after a month or so that it goes to the point that within a couple months they have purchased a new one or .replacing the old one. That's something that we need to I take a look at. I think if somebody's got it 30 days and don't -- and you know -- and I can understand contractors that. are building 60, 70 houses a year, why they would never turn it back, but at 2.50 a day that's pretty reasonable, you know, and so I think we need to make sure that within 60 days we have the costs of a meter back to us. That's my opinion. De Weerd: Okay. Anything else, Council? • •_ Meritlian City Council May 15, 2007 Page 24 of 33 Bird: I would like to make a statement that Brad and his staff and department, when -- they have always, from the time I have sat here, when they come in with fees, they have always had back up to it and I certainly appreciate that. I know that anytime they have raised -- or kept the fee at the same, they have got backup to prove that we need it or we don't need it and I appreciate that, Brad. Watson: Thank you. De Weerd: Okay. Anything else, Council? Rountree: Madam Mayor, I don't have any questions about the discussion. My question is what's the next step? We schedule this -- calendar this for a Public Hearing? Bird: This is the Public Hearing. Rountree: This is the Public Hearing for that as well? De Weerd: We need a resolution. Rountree: Okay. So, we come back with a resolution? De Weerd: Yes, Brad. Watson: Madam Mayor, Council Members, I'm sorry. There is one more category of fee and I just want to make sure that I get on the record so you're aware. Not to prolong the agony here. Don't want to be giving a finance report, because I know those are kind of dry. De Weerd: Stacy thinks otherwise. Watson: One of the things we are proposing to do is delete what we last year called a QAQC plan review fee. That was intended to recoup our costs for complying with DEQ's -- they call it the QLPE., Qualified Licensed Professional Engineer process whereby plans could be approve by a licensed --QLPE and not go through DEQ review. We put that fee in last year, not knowing exactly how it was going to work. Len put together a really good plan on how it was going to work. When we implemented it the costs for us to do that were higher than what that fee generates. So, we have -- Len has solicited a proposal from the firm that is doing our QLPE reviews and we are going to change the way that's implemented -- or charged. It's a very very simple fee, 250 dollars per sheet. Not the title sheet, not the cover sheet, not the details, the actual engineered portion of those drawings will be charged 250 dollars at plan review. Just wanted to make sure you understood what was going on there. If I could just make two last things. I'd like to discuss -- I think we need to discuss an effective date or maybe that can be next week when the resolutions up, I'm not sure. I did have a preliminary • • Meridian City Council May 45, 2007 Page 25 of 33 discussion with Stacy and Jaycee several weeks ago. We thought July 1st was doable. Actually, Jaycee was not there. It was just Stacy. But I probably need to come back or we need to come back next week with a firm date after I discuss this with Stacy and Jaycee. And, then, I guess the final recommendation is based on yet another discussion with Stacy is that we look at the water and sewer user rates again this fall. What she wants to do is base these more on a projected budget, rather than what I have done traditionally, use the existing budget, and she would like to look at these again in the October, November time range. That's kind of a heads up that this may not -- we may be changing the cycle on how we do this and it will only be five to six months before we are back here. Okay. Now I'm done. Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Brad, on the -- on the fees, strictly side stuff, you weren't going to charge for details or anything like that on the sheets? Do we not -- do we not check connections and details and stuff or is that part of it? I don't know. I'm asking. Watson: Okay. Madam Mayor, Councilman Bird, when a plan set comes in there are three, four sheets that are standard details that we own that we make them use. We have reviewed them. We don't need to look at them again. Bird: You have already done it. Watson: They have to use them and we know what's there, so -- no, we don't do a detailed review of the detail. Bird: Okay. Thank you. De Weerd: Any other questions? Thank you, Brad. Watson; Thank you. De Weerd: Ralph or Hillary, would you like to provide testimony on these fees? Okay. Please come forward. If you will, please, state your name and address for the record. Chappell: Okay. I'm Ralph Chappell. 1899 South Swan Avenue, Meridian. My question is this just for new developments or is this for everything that exists right now as far as raising the fees? De Weerd: This is a combination of both. The assessments would be for new construction and connection and the monthly user fees are for our existing residents. Chappell: Well, from what he said there, then, it's going to go up 32.3 percent? Meridian City Council May 15, 2007 Page 26 of 33 • De Weerd: We will ask him to respond., but I think that is the percentage. Chappell: In one year? De Weerd: Pardon? Chappell: In one year you're going to go 33 percent -- 30 percent? That's one big jump. De Weerd: If you look at the cost of the new regulatory requirements by DEQ and EPA for treatment and those kind of things, as well as the increase cost in all of our materials, yes. And this -- our Enterprise Fund is on a break even basis, so tax dollars don't supplement this. This has to be a break even enterprise. So, the true costs are the costs that are passed on. We have no one to cover the difference. Chappell: Thirty-two percent is a lot of true cost. De Weerd: We agree with you, sir. Hillary, would you like an opportunity to testify? Brad, do you have any comment? Watson: Madam Mayor, Council Members, just maybe to lend a little perspective to it. Yes, the actual user charge per thousand gallons is roughly 30 percent increase on the water side. If you look at a typical median user in that seven to eight thousand gallon per month range, which is typical of a single family residence, if you combine the water and sewer, there is an overall increase of nine percent. It would go from $40.42 per month to 44.22 per month. The sewer -- when you combine the base charge, plus the user charge for water, that median usage would go up 25 percent. The sewer is increasing three percent. The sewer is a much higher charge. I'm not trying to play tricks with numbers, I'm just -- if you look at it a little more globally, that -- the increase is nine percent on a typical home. Well, that is what it is, so -- De Weerd: I appreciate the perspective and -- because when they give an average, it's not always the typical average household. So, I appreciate you putting that in perspective. Council, anything further'? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: And for Brad, I'm assuming you have already done this, but that kind of information and that kind of graphic would be good information to have, particularly for Jaycee if, in fact, this moves forward, folks are going to ask the same question and I think it's probably something that we are going to have to do. I think it would also be good to maybe have a comparison of another community our size, maybe it would be Nampa, maybe it would be Coeur d'Alene, or, you know, somebody like that in terms of what are their users actually having to -- and what do their users get. I mean it's not • • Meridian City Council May 15, 2007 Page 27 of 33 really fair to compare trash service with say Vancouver, Washington, that pays 90 dollars a month for a brown bag full of garbage and pay whatever it is we pay in Meridian for as much as you can get to the curb once a week. So, those kinds of comparisons. De Weerd: And., Council, you do have comparisons to Nampa, Lewiston, Coeur d'Alene, Post Falls, Idaho Falls, and Twin Falls. Pocatello. And it looks like for the most part -- and those that just have a flat fee I don't how it compares, because I don't know what our typical user would have on their gallon -- per gallon type of thing. But it does look like the city is on the low side of all of the cities that are used in this comparison. Rountree: Madam Mayor, that information is embedded in the information we have, but it's not necessarily on a post card or a reference card that could be handed to somebody as -- we understand it's a big increase, let me put it in perspective and here is how it breaks down from the City of Meridian. And, by comparison, here is how we compare to -- you know, something somebody can carry away and -- I agree it's a -- it's an eye opener. It was an eye opener when I saw the numbers, but I can't disagree with the reasons why the costs are going up, because it's hitting us every day. Watson: Madam Mayor, Council Members, it hit the water department particularly hard over the past two years because of a variety of reasons. We have gone from a system that served under 50,000 to one that serves 70,000. When you cross that 50,000 population threshold, a whole new set of rules and requirements comes in, from testing and monitoring, to location of testing, to the number of -- a certain level of operators you have to have, even to the number of higher level operators you have to have on call and available all weekend., every night. The wastewater was set up differently for many many years, because they area 24-hour-a-day operation and they have people there running those processes. There area lot of things that have made the water department grow up, so to speak, over the last couple of years and if I can just point out these comparisons to other cities, you know, it's up there -- it's -- again, it's hard to do apples and apples with these other cities, because they structure things differently, they have different types of users, so I did my very best to say, okay, what are you charging a single family residence. We have Boise that's quite a bit higher, you know, at least ten percent higher. Lewiston. Post Falls. They are right there with us, if this proposal goes through. I'm not sure how Nampa -- I shouldn't even -- Nampa's is very low, in my opinion. I'm not quite sure how that works. So, we are not the highest, we are not the lowest. Zaremba; Nampa just dumps everything into Lake Lowell, so -- I did not say that. Bird: I think you need to look at apples to apples, as Brad said, and some of these cities might -- their public works -- what we call public works systems might be tax supported, too., to a degree. We don't know. Ours is not. And I feel that -- and we pay - - and we pay just like everybody else, every one of us sitting up here, we don't like raises, but we know it's a necessity. Our costs have certainly went up over 30 percent, will guarantee you that. • Meridian City Council May 15, 2007 Page 28 of 33 De Weerd; Thank you, Brad... Any other -- Mr. Berg. u Berg: Madam Mayor, if I could., I just wanted to make a point that user rates and rates -- rates that Brad has to figure are based on what it costs us, not a comparison to other cities. And this is really a good efficiency rating to see that we are doing the best job that we can for the use that we have. I want to pay what it costs to treat my -- or get the water to my faucet. That's what I'm asking for and that's what they are providing and the cost is the cost. If we are very wasteful, we will see that when we start comparing other cities and we are the highest. But this -- comparing a market value is kind of -- you got to kind of hit and miss with it, but it's a guidance for efficiency and I think that as far as in the valley we probably have the best efficiency and for what we are getting as a product and I think Brad's crew knows that. That's -- you know, we don't go overboard or we would be paying a higher rate. But knowing that costs vary from -- even from this summer when you're going to raise rates to next fall when budgets are going to change, you got to be on top of it or you're going to go into a sinking hole and we are not going to be able to do other projects, because we are pulling money backwards. So, we need to pay what it costs to get that product. Watson: Madam Mayor, could I just make one last -- and I will shut up after that, I promise. A year -- well, not quite a year ago, about last June and July when I was becoming acutely aware from the finance department that our revenue projections -- or our revenues were not meeting projections, we --all divisions of Public Works went on a very severe -- I don't know what you call it -- belt tightening process and we postponed filling positions, not doing some of the consulting that we thought we could get away with. The number varies depending on if you're looking at the audit or if you're looking at the budget the way I do in a rather simple way, but we saved anywhere between 1.3 to 1.8 million last year. It's not that we are out there just getting this money and throwing it around. We are very aware of the financial situation. Just because we are an enterprise fund we don't think that we have a money printer over here in Stacy's office. That's it. I'm done. Thank you. De Weerd: No. And I think, Brad, that -- that this Mayor and this Council appreciate that you do run it frugally and the regulatory trigger of our population levels did demand different approaches and so we have to react and it -- it is, as Mr. Berg said., a true cost that needs to be passed on, because there is -- there is certainly other communities that we would not like to be in the same situation.. Okay. Anything else from the Council? Okay. So, that the next step on this is to close the Public Hearing and., then, action would be asked to -- did we -- did you need to come back and bring an effective date, Brad? Nary: Madam Mayor, Members of the Council, I think there was actually two things. We talked about an effective date and you had -- Councilmember Zaremba had a couple questions about the meters. I don't know if you want to continue the Public Hearing, get that information -- I can certainly leave on the resolution blank what the • Meridian City Council May 15, 2007 Page 29 of 33 effective date is and you can make that determination at the time of passing the resolution. De Weerd: Okay. Zaremba; Madam Mayor? De Weerd..: Yes, Mr. Zaremba. Zaremba: Along with others, I -- you have provided the factual information and done an excellent job of it. My discussion about the charge for the meters isn't really based on fact, it's based on a philosophy or a personal opinion of how much pain does it take to get the meters back and., you know, how can we charge that. So, it isn't really something that takes any further study. It could be an arbitrary number that the Council suggests to Brad or that he suggests to us or we would leave it the way it is and make a new number a year from now. Councilman Bird seemed to be supportive of having a painful number in there somewhere. Borton: Madam Mayor? De Weerd: Yes, Mr. Gorton. Borton: In light of the fact that we might be -- and we will be reassessing all of these fees this fall for sure, the matter could be addressed at that point. I mean one -- one way to put a figure on it is to have Brad give the best guesstimate as to the average use time frame for a particular meter and the cost of the meter and you do a simple division and they haven't returned it within their average use time and they will have paid the price of a new meter. We could continue this until next week to try and get some dollar figure for that. Approve it next week, and have a resolution early June, effective whenever. Or we can proceed now and deal with that single issue this fall. Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird: On the meter deal, I don't know why we couldn't -- can't figure out how long they last, how much they cost, and divide it into that. I'm sure that Tate's and them people could give us a formula of how they do with theirs, because, you know, we should be reimbursed for it, plus -- I know we don't like to hear it, but we need a little profit on top of it. De Weerd: Staff is it okay if we just go ahead and ask for a resolution to come back -- continue this Public Hearing for staff to bring back any recommendations and as pertains to the meters and finish this next week? Sound good? Borton: Madam Mayor? • • Meridian City Council May Y5, 2007 Page 30 of 33 De Weerd: Yes, Mr. Borton. Borton: It does sound fair is my short answer. I didn't get a chance to comment to Brad and there are a lot of sentiments from Council and the Mayor that I agree with. appreciate the definite diligent efforts in doing this analysis and reviewing it before today. Detailed comments from you, Brad, are helpful, the efforts to try and capture fluctuating costs -- not only of the service we provide, but of the improved services which you alluded to and your numbers reflect that the city provides in its water and services. It's not merely maintaining status quo for the users, it's improved quality, which I appreciate and I know all the -- all of the users in our city appreciate. I say this also -- I won't be here next week, so I won't have an opportunity, then, to publicly appreciate your work and your department's work in helping our city capture these true expenses that are incurred to provide the service. And with that I would move that we continue Item 16 to May 22nd. Bird: Would you, in your motion for the continuance., say that they bring back a .resolution? Borton: Yes. Along with a proposed dollar figure for the meters. Bird.: I would second that. De Weerd: Okay. I have a motion and a second to continue this item to next week and have staff prepare a resolution and also bring back cost estimates for the meters. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. 07-1315 AZ 06-052 Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision by Portico, LLC - 1780 East McMillan Road.: Item 18: Ordinance No. 07-1316 RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision b~ Heritage Development, LLC -east of the Northeast Corner of West 4t Street and Maple Street: Item 19: Ordinance No. 07-1317 RZ 06-012 Request for a Rezone of 1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone by Darren Blaser - 1440, 1516 and 1528 West Cherry Lane: Item 20: Ordinance No. 07-1318 Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing • Meridian Ciry Council May 15, 2007 Page 31 of 33 for a Waiver of the Reading of RULES; and Providing an Effective Date: De Weerd: Okay. Items 17 through 20 are ordinances on 07-1315, 07-1316, 07-1317, and 07-1318. Mr. Berg, will you, please, read these four ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1315, an ordinance for annexation of property being located in the southwest quarter of the southwest quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 and providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver if the reading of the rules and providing an effective date. Berg: Ordinance 07-1316, an ordinance finding that Wayne Enterprises, LLC, the owners of certain real property has made a written request for rezone of the zoning classification for property being situated in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, of Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian, as rezoning the land use zoning classification of said lands from R-4 to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the .Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver if the reading of the rules and providing an effective date. Berg: Ordinance 07-1317, an ordinance finding that Darrell -- or Darren Blazer, the owner of certain land -- real property has made a written request for a rezone of the zoning classification for real property being in the southwest quarter of the southwest quarter of Section 1, Township 3 North, Range 1 West of, Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezone certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-4 to C-C in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver if the reading of the rules and providing an effective date. Berg: And Ordinance 07-1318., an ordinance amending Title 3, Chapter 5, of the Meridian City Code regarding license fees, section numbering, and providing for a waiver of the reading of the rules and providing an effective date for the pawnbrokers license. • • Meridian City council May 15, 2007 Page 32 of 33 De Weerd: Thank you, Mr. Berg. You have heard these four ordinances read by title only and it is my duty to ask if there is anyone in the audience who would like to hear any of these four read in their entirety? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: I move we approve ordinances 07-1315, 07-1316, 07-1317 and 07-1318 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Items 17 through 20. If there is no discussion, Mr. Berg., will you call roll. Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) ~ (~ - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Item 21 is an Executive Session. Do I have a motion? Rountree: Madam Mayor, I move we go into Executive Session per Idaho State Code 67-2345(1)(a),(c) and (f). Bird: Second. De Weerd.: Thank you. I have a motion to adjourn into Executive Session. Mr. Berg,, will call roll. Roll-Calk Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. Meridian City Council May t5, 2007 Page 33 of 33 De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:05 P.M. (TAPE ON FILE OF THESE PROCEEDFNGS) APPROVED: ~~~ MAYOR T Y DE WEERD ,~ 6 , S,o~ DATE APPROVED ,`~1t~1ii61P1t11/1,~~ ~ i ATTESTED: ~ ~ -~~ _ WILLIAM G. BERG J ., C : Y LE ' ' ~ , `;~ .9~ P'1¢1 ~ tee. a 'i a° i~ ~~ ~ ~ May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of April 17, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FLRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 11, 200.7 MERIDIAN CITY COUNCIL MEETING Mdy 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: i' ~ 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. May I l , 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of April 24, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i May 11, 2007 SHP 07-003 MERIDIAN CITY COUNCIL MEETfNG May 15, 2007 APPLICANT Kestrel Grove Property, LLC ITEM NO. S-D REQUEST Request for Short Plat Approval for 3 condominum units in 1 building for Sparrowhgwk Condominiums -- 2176 East Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ' CITY SEWER DEPT: ' CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: ' US WEST: INTERMOUNTAIN GAS: .MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~ May 11, 2007 PP 07-004 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Ron Babneau ITEM NO. 5-E REQUEST Findings for Approval -Request for Preliminary Plat Approval of 16 residential lots and 3 common lots on 5.7 acres in an L-O zone for Doubltree Subdivision 1105 West Pine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Flndln~s CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: L/ MERIDIAN SCHOOL DISTRICT: ~ ~ ADA COUNTY HIGHWAY DISTRICT: ~ 1 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST`. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Date: ~ ~` 4 ? Phone: ~~ ~~,~ f Emailed: (~~ (/~3- (~J ~~ ern ct , ~ t co,,~ Staff Initials: Materials presented at public meeflnys shall become property of fhe City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~ ~ . C'IT' (~F ~ ~~~ ... PP ,,~~ ~~~ ~~ ~~~YL~~'11~1~7p? ~~ ,~:"io ti~ A ~~ ~ ~~,. Y In the Matter of Preliminary Plat approval of 16 residential building lots (proposed to contain 64 multi-family units) and 3 common lots, AND Conditional Use Permit approval to construct amulti-family development consisting of 64 dwelling units (16 four-plexes) on 5.7 acres in an existing L-O zone, by Ron Babneau. Case No(s). PP-07-004 & CUP-07-002 For the City Council Hearing Dates of: April 10th and May 1St, 2007 (Findings on the May 15th, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 10, 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 (LC. §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 o.f 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-07-004 & CUP-07-002 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat, Site Plan and the Conditions of Approval all in the attached Staff Report for the hearing date of April 10, 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 4/5/07 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 4/5/07 is hereby conditionally approved; and, 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 10, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-002 • • exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. B. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that. pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 10, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-.002 S~~ ' By action offihe City Council at its regular meeting held on the ~ day of ' , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__~~~a-- COUNCIL MEMBER JOE BORTON VOTED__~~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__Z~''-~ COUNCIL MEMBER KEITH BIRD VOTED__~ TIE BREAKER _ MAYOR TAMMY de WEERD VOTED ATTEST: WILLIAM G. BE] Copy served upon: ~~ ~~ MAXd ~ ~, de WEERD ~~ ~ ~ ~~, .~ ~o _ ~~°L -~ G, JR., TY CLQ p 9~~ . ~~ \' Applicant ~~~<<hrrn n~~~"`~`~ -~ Planning Deparhnent -~ ublic Works Department -~ City Attorney BY~ Dated: ,~j- (~ --Q~- City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-002 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ] 0, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/10/2007 Mayor and City Council Justin Lucas, Associate City Planner 208-884-5533 e~z~r Doubletree Subdivision 1~_~'~~, PP-07-004 Preliminary Plat approval of 16 residential building lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an existing L-O zone. CUP-07-002 Conditional Use Permit approval to construct amulti-family development consisting of 64 dwelling units (16four-plexes) on 5.7 acres in an existing L- O zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ron Babneau, has applied for Preliminary Plat (PP) and Conditional Use Permit (CUP) approval for amulti-family development consisting of 64 multi-family dwelling units (16 four- plexes) on 16 building lots and 3 common lots on 5.7 acres in the existing L-O zone. The site is located on the south side of Pine Avenue, approximately 1,000 feet east of Linder Road. The project site is commonly known as Lot 2, Block 1, Tramore Subdivision, and is currently vacant. The subject site is designated "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Map. 2. SUMMARY RECOMMENDATION The subject applications (PP and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided detailed analysis and recommended conditions of approval for the requested Preliminary Plat and Conditional Use Permit applications. Staff is recommendingLpproval of the proposed Doubletree Subdivision IPP-07-004 and CUP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and honing Commission heard these items on March 15,.2007. At the March 15, 2007 public hearing the Commission voted to recommend approval. a. Summary of Commission Public Hearing: i. In favor: Shaun Dulin ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Justin. Lucas vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. -Type of perimeter fencing to be used ii. -Architecture of proposed four plexes c. Kev Commission Changes. to Staff Recommendation: i. -Required vinyl perimeter fencing as proposed by the applicant d. Outstanding Issue(s) for City Council: i. -Review and approval of the architecture proposed for this development. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ] 0, 2007 The Meridian City Council heard th s ..items nn A_nril 1 Ocn and Mav l s~_ 2007_. At the *±e~hlic Baring the Council annroved he c ~biec PP.and TP rea sec ~. ummarv of City ouncil P ~hli Nearinvc i. In favor: Shaun Dulan. Rennison Fodrea Inc Ron Babneau (Annlicantl ii. In onnosition: None iii. Commenting: None iv. Written testimony: None v. Staff nresentine annlication: Anna Carmine vi. Other staff commenting on annlication• N_ one 12. ev Issues of Di c ~ccion by ouncil: i. Sidine and color of buildines_ _and. ii, Cross-access• ~. ev Council Changes. to Commission Recnmmen ation• i. Accented anolicant's testimony statine that no two alike buildines will be side-bv- side: multiple color schemes required: and ii. Accented annlicant's testimony statinu that hardboard siding with board and bat shakes will be constructed on the buildin s 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP- 07-004 and CUP-07-002 as presented in the staff report for the hearing date of April 10, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-07- 004 and CUP-07-002 as presented during the hearing on April 10, 2007 for the following reasons: (You must state specific reasons for denial of the conditional use permit and/or denial of the plat. You should state what the applicant could do (change) to gain your approval in the future.) Continuance I move to continue File Numbers PP-07-004 and CUP-06-02 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: 1105 W. Pine Avenue, Lot 2, Block 1, Tramore Subdivision b. Owner: Roundtree Development LLC 5700 E Franklin Road Suite 220E Nampa, Idaho 83687 c. Applicant: Ron Babneau 4006 E Man O' War Lane Nampa, Idaho 83686 Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAWNG DATE OF APRIL 10, 2007 d. Representative: John Rennison, Rennison Fodrea Engineering e. Present Zoning: L-O (Limited Office District) f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for a Preliminary Plat (PP) and Conditional Use Permit (CUP) for amulti-family development consisting of 16 residential building lots (64 units) and 3 common lots on 5.7 acres in the existing L-0 zone. The gross density of the project is 11.23 dwelling units per acre. Approximately 16.3% (0.93 acres) of the site is being set aside for open space (exclusive of the Nine Mile Creek). 1. Date of preliminary plat (attached in Exhibit A): 11/2/06 2. Date of landscape plan (attached in Exhibit A): 11/4/04 3. Date of site plan (attached in Exhibit A) 1/12/07 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. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 12d' and 26d', 2007 (Commission); March 19`h, 2007, and Apri12"d, 2007 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: February 2"d, 2007 (Commission); March 16`h, 2007 (City Council) e. Applicant posted notice on site by: February 19d', 2007 (Commission); April 3rd, 2007 (City Council 6. LAND USE a. Existing Land Use(s): This site is currently vacant. b. Description of Character of Surrounding Area: This site is located in between higher density residential uses to the north, and east. An industrial project (Crearnline Park Subdivision) was recently approved to the south. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Tramore Senior Apartments, zoned L-O 2. East: Rock Creek multi-family development, zoned R-15 3. South: Union Pacific Railroad, and recently approved Creamline Park Subdivision, zoned I-L. 4. West: Sunbridge Living Center, zoned L-O d. History of Previous Actions: This site is Lot 2, Block 1 of Tramore Subdivision, atwo-lot preliminary/final plat that the City reviewed and approved in 2001 (PFP-O1-006). Processed concurrently with Tramore Subdivision was a CUP application fora 72-unit senior apartment Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 3 :~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 complex (CUP-O1-036) on Lot 1, Bloek 1. As part of the Tramore Senior Housing Development, a 50-foot wide cross access easement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag/access for the subject development. An access driveway has been constructed to a width of 25-feet, with curb, gutter a sidewalk on the east side, from Pine Avenue to the northern boundary of the proposed development (to the Nine Mile Creek). In addition to the history described above, this site was previously approved as Roundtree Subdivision (CUP-04-018, PP-04-018, FP-04-076). The approvals for Roundtree Subdivision lapsed in 2006 and now the applicant is re-applying for basically the same project as was previously approved. Due to the fact that the UDC has been adopted since the original approval of this project, the current applications are being reviewed for compliance with all of the current development standards contained in the UDC. Note: As part of the previous development approval, the applicant has all ready installed sewer and water service on this site (see Public Works comments for more detail). e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer mains have been installed and tested on this site. Location of water: Water mains have been installed and tested on this site. The hydrants have been activated. Issues or concerns: 1.) The sewer and water mains and services have all been installed and tested on this site. If significant changes to the plat are required the existing mains would need to be removed and new mains installed. 2. Vegetation: N/A. 3. Flood plain: The Applicant has indicated that the property is outside of the flood zone of Nine Mile Creek, with the exception of Zone "A" which is contained in the creek channel. 4. Canals/Ditches Irrigation: The Applicant is proposing to leave the Nine Mile Creek open abutting the site. The City has previously allowed this section of the Nine Mile Creek to remain open. Staff finds that the Nine Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. 5. Hazards: No hazards have been identified on this site. 6. Zoning: L-O (Limited Office District) 7. Size of Property: 5.70 acres £ Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 19 Doubletree Subdivision PP-07-004/CUP-07-.002 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 7. Gross Density: 11.23 units per acre (net density is 13.61 d.u./acre) g. Landscaping 1. Width of street buffer(s): Previously installed with Tramore Subdivision 2. Width of buffer(s) between land uses required on this site. No landscape buffers between uses are 3. Percentage of site as open space: 16.3% (0.93 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section 10, Analysis below. h. Amenities: Public art, open grassy areas, walking trails and pathways, sand volleyball court, and half basketball court. i. Off-Street Parking: iJDC 11-3C-6 requires each multi-family dwelling with more than one bedroom to have 2 parking spaces in a covered carport or garage. See Section 10, Analysis below. Summary of Proposed Streets and/or Access: As part of the Tramore Development, a 50-foot wide cross access easement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag of the subject development. An access driveway has been constructed to a width of 25-feet, with curb, gutter a sidewalk on the east side, from Pine Avenue to the southern boundary of the proposed development. A secondary access point is also provided to the development in the form of a drive aisle stub from the Rock Creek development to the east. In a letter dated February 13, 2007 ACHD stated that the same conditions and restrictions that apply to the previously approved Tramore Subdivision (PF'P-O1-006) apply to this project. In other words there are no additional ACHD requirements for this project. 7. COMMENTS MEETING On February 9, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "High Density Residential" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 99) of the Comprehensive Plan contains a defmition of the. High Density designation which states the following: "High Density: to allow for the development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. Other uses within a development maybe considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." The applicant is proposing a gross density of 11.23 dwelling units per acre which is consistent with the High Density designation. 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): Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 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 will be providing services to the subject development in the following manner: • Any necessary 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 City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • Except for the private service drive, the roadways near the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of this development. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to tie into one cross access driveway that is currently provided to this property from the Rockcreek Subdivision to the east. Staff is supportive of is proposal and believes that the applicant has done a good job of connecting to the only available secondary access point to this property. 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 sidewalk/micro pathways that connect to the existing . sidewalk and pathway network to the east. Various other sidewalks and paths are proposed that link the various buildings together. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal N, Objective C, Action 6 -Require pedestrian access in ali new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective D, Action 7 -Develop incentives for high-density development along major transportation comdors to support public transportation system. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 Staff finds that the subject location is favorable for a multi family development because of the access future residents will have to goods and services offered in the downtown area. This type of density will also help to support any future public transportation that may run along the transportation corridors to the north (Pine Avenue, an arterial street) and south (railroad tracks). Chapter VII, Goal V, Objective A, Action 14 -Locate high-density development, where possible, near open space comdors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. See above Chapter V, Goal I, Objective A, Action 11- Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial industrial and residential areas. The applicant is proposing to leave the Nine Mile Creek open on this site. Along with that, the applicant is proposing to improve and landscape along both banks of the creek which will enhance its aesthetics. Staff is supportive of the applicants proposal. . Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single farrrily, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff finds that this location is favorable for this development because of its proximity to services in Old Town. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. LTNdFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (iJDC) 11-2-1 lists multi-family dwellings as conditional uses in the L-O zoning district. b. Purpose Statement of Zone: L-O Limited Office: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian comprehensive plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL }0, 2007 Site design (UDC 11-4-3.27B): Setbacks: Buildings shall provide a minimum setback of ten feet (1.0') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC Ill-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. A1~TALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. PP/CUP Applications: Special Considerations: Landscaping: The landscape plan prepared by Rennison Fodrea Engineering, on 11- 04-04, labeled Sheet L1.0, is approved with the following modifications/notes: A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. Ali 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). Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See Section 9, Unified Development Code above for a complete Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standazds listed in UDC 11-4-3.27. Below, staff has detailed some of the standards that either meet code but are key elements to the development, or need to be modified to be compliant with code. Multi-family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Furthermore, this section of the UDC states that multi-family buildings shall provide a minimum setback of ten feet unless a greater setback is otherwise required. Because this development is proposed within the L-O zone, greater perimeter setbacks (front 20 feet, and rear 20 feet) are required. Looking at the development as a whole the front setback to any structure is currently proposed at over 400 feet (measured from the northern perimeter) and the rear setback is proposed at 35 feet (measured from the southern perimeter). The side setbacks are proposed at 15 feet. Furthermore all of the buildings within the proposed development maintain a minimum setback of 10 feet between buildings. All of these setbacks meet or exceed the standards for multifamily development within the L-O zone. Refuse Areas: At this time no details have been provided for the trash enclosures. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. To achieve this staff believes that a solid wood or block fence should be used to screen a minimum of three sides of all of the proposed trash enclosures. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 squaze feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Using the most restrictive of the above calculations the applicant is required to provide 22,400 square feet (.51 acres) of useable open space. The applicant states that 16.3% (0.93 acres) of the site is being set aside for useable open space (this calculation excludes the Nine Mile Creek). Staff is confident that the useable open space requirement is being met for this development. Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners' Association(s). Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space to be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development proposes a private patio or deck measuring 10' x 10', for a total of 100 Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 square feet of private useable open space, for each unit, which exceeds the minimum requirement. Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit. Currently it appears that all of the parking in the proposed development is uncovered. To conform with the iIDC, at least eight covered parking spaces, either a carport or garage, should be provided for each four-plex. It appears that there is ample room to provide carports for the units without a major redesign of the project. It would be more difficult to add garages for the proposed units. Access: The Applicant is proposing to utilize two access points to serve the development. The first is an existing shared driveway that is located near the west property line, on the flag portion of the subject site. With the platting of Tramore Subdivision, a cross access easement was provided to Lot 1 (Tramore Senior Apartments) to use the shared driveway across Lot 2 (subject site), for access to Pine Avenue and the public street system. This shared driveway has been constructed up to the subject lot by the developer of the Tramore Senior Apartments with curb, gutter and sidewalk on the east side of the 25-foot wide driveway and landscaping on the west side. The second access point proposed to this site is a drive aisle from the Rock Creek multifamily development to the east. This drive aisle connection is a crucial secondary access point into this development that City Staff (Planning, Fire and Police) believe should be maintained clear at all times. Both the police and Fire Departments have included conditions regarding secondary access through the Rock Creek Development. Furthermore, the proposed buildable lots do not have public street frontage. In lieu of street frontage, the Applicant is proposing to extend the north-south private drive for access to each lot. The Applicant should be required to provide a separate cross-access easement for all of the lots within the subdivision to utilize the drive aisles across the buildable lots as access to the public street system Private Streets/Addressing: All of the units within the development are set back from the public street a significant distance. These units may be difficult for emergency services, delivery services and the general public to find. Due to this situation, the Fire Department and Planning Staff recommend that the applicant submit a private street application to the Planning Department for the existing "driveway/cross access" off of Pine Avenue. Further, as part of the private street application, the applicant should also apply for private street approval for the two main east-west drive aisles that serve Lots 8-19. These private streets should carry street names approved by the Ada County Street Naming Committee. Staff is generally supportive of private streets for multi-family developments. The applicant should design and construct the new private streets serving Lots 8-19, in compliance with the standards listed for Private Streets in UDC 11-3F-4 (see below). A. Design Standards: Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to al'1 applicable properties. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI3VG DATE OF APRIL 10, 2007 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian fire department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction Standards: 1. For conversion of an existing facility to a private street at the direction of the fire marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway And Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Meridian based on plans submitted by a certified engineer. b. Street Width: The private street shall be constructed within the easement and shall have a travel lane width of twenty four feet (24') or twenty six feet (26') as determined by the fire marshal relative to the height and size of the proposed structures that adjoin. the private street. c. Sidewalks: A five foot (5') attached sidewalk or four foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement maybe waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire Lanes: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11-4-3.27D-2b). The applicant is providing amenities as follows: Public Art (Quality of Life), half basketball court and sand volleyball court (Recreation) and open grassy area and walking paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Along with the above mentioned amenities UDC-4-3-27-B7 requires that all multifamily developments with 20 units or more shall provide the following: a) property management office, b) maintenance storage area, c) central mailbox location, d) directory and map of the development. As currently proposed the applicant appears to include all of these items on the submitted master site plan. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 Elevations: The applicant has submitted building elevations for the proposed 4-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with design standards for multifamily developments. The elevations submitted by the applicant show front and rear facades with three separate material types. Variation in the facades is also provided by window bays and covered entrances with architectural treatment. The roof form of the building varies and the main roof shape has a significant pitch (5/12). The exterior building materials are proposed as wood or other natural materials. Staff believes that the elevations submitted with the CUP meet the requirements of the design standards listed in UDC 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the four-plex buildings in the future, that the elevations comply with the UDC requirements. Pathways: The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi-use pathway on the Comprehensive Plan Future Land Use Map. There is also amulti-use pathway shown adjacent to the Nine Mile Creek in the Comprehensive Plan. With the development of the Tramore Senior Apartments, a five foot pathway was constructed on the north side of the Nine Mile Creek. This pathway aligns with the pathway constructed in the Rock Creek and Tremont Subdivisions to the east of the subject site. The only missing link in this pathway network is the section on the west side of the existing drive aisle in the northwest corner of the subject development. The Applicant should construct a pathway on the north side of the Nine Mile Creek, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). This pathway stub will allow pedestrians to traverse from Tremont Subdivision, through Rock Creek and across the subject site, unimpeded. The pathway stub also allows for the pathway to be extended when the property to the northwest of the site develops (undeveloped portion of Sunbridge). In the past, the City has not required the construction of a pathway within the Union Pacific Railroad comdor, but has required developers that abut the future pathway to provide a minimum of 5-feet of landscaping. Consistent with previous Council action, the Applicant should not be required to construct amulti-use pathway adjacent to the southern boundary (railroad), but should be required to provide a minimum of 5-feet of landscaping along the south property line. The Applicant is proposing a 35-foot wide setback along the southern boundary of the project. There is an existing 25-foot wide irrigation easement within the rear setback. At a minimum, the Applicant should be required to plant trees in accordance with the UDC (1 tree per every 35-lineal feet). Fencing: The applicant has not proposed to construct fencing along any portion of the property lines. At the public hearing the type of fencing proposed for the perimeter and along the Nine Mile Creek should be identified by the applicant. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building pernut, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, and common open space, fencing shall be designed according to UDC 11- 3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners Association. Ditches, Laterals, and Canals_ Per UDC 11-3A-6 all irrigation ditches, laterals or Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF APRIL IO 2007 canals, exclusive of natural waterways (Nine Mile Creek), including waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications PP- 07-004, and CUP-07-002 with the conditions listed in Exhibit B of the Staff Report for the hearing date of March 1, 2007. The Meridian Planning and Zoning Commission heard these items on March 15, 2007. At the March 15 2007 public hearing the Commission moved to recommend approval he Mav 1 2007 n ~blic hearin he erldlaII C1tV .OUDCII VOted to annrnvp t}1e enhiarf nrniart 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 11-2-06) 2. Landscape Plan (dated: 11-4-04) 3. Site Plan (dated 1/12/07) 4. Elevations 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 C. Required Findings from Unified Development Code Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 20Q7 A. Drawings 1. Preliminary Plat (Revised 4/5/07 with Carports Noted) .r.----Y+ --= = - I~~~c~ _~_ y ~, p~ S~~ Y l~ ~Y ~g ~ ~, '. a a s e e e ~I '~~IIH f~ ~ ~c~xps~ ~~z 58 ~i g $ ~ 1 ~p~ ~9e9~ E$C ~ Y &!~ a ~~ ~ ~ ~ ' ~ g~ ~B v ~ d 6 ~ a ~ s aj~ ~; $a6~a ~~ ~~ ~ ~6 ~g ~~~ ~ p~~ ;~~' ° ` ~~ 6~ ~~~ d44 g E ibis ~ a fe ~ ~ k ~ 6° a tl~~ i~ ~ a 1~ ~a t1 a ~ 3~B °~ E ° ~i { R is ~u ~ ~ a 6 R~_ E B ~ ~ ggp~ ~k 1 "1~1' ~e ~~ ~~Q~.e. 1 _~ §~~~~~8 a~~~i~1963 d!/6~~qg 66~"$~'§g~I~~~e"ool~da$e~FcQ ~ 6 ~s~~~a~~~9~ ..... Exhibit A -Page 1 u - eraar~c~seucxr~~rn •---_~• • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 2. 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Ely case QVaaMAIDrAa4 mAH0 tL~'s'~u.. ad! emL.i Exhibit A -Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 4. Elevations v s ~~~~ ~ .la ~ns m~fi ! iron 'b= Xa~d ~ I. 33~13~9f1Oa ~ 'i ~ '!i ti ''AEI ~~!!;+'~~ ' `~ ~~ 8 .~I '~° 1 i ~s~'+ ~ ' Js s~~a~~n m~~~~ i~ ~ ~ 't~ o I ~~li e; ~~ ~ ~ ~ ~ ~ 8 ~ 9 ~ ~ `~9€~ ~ o ~ ~ ~I o ~ I 1 ~ ~ ~~o _ . 4 v~ ...4 . j . _ ~ ~ ~4 QG~O ~ i F r ® ^O~ LOO O ° L ~ I~ I _ I ~I - : ^o ~ o ~. ~ w 0 4 : x ^o o ` 9 2 ~ i Z { ; v . L ti ~ 8 t i 3 r ' ^0~ ~C~~ `~i ~ ~ I Q i M ® ^~~ ^OO 9 i d ',., ~ I . ^o 00 o 0 ~ e ~ ~~ ~ ~ i Il ~ ~ ~ ~ 9 ~ i $~ al$ ~0~ Exhibit A -Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 ~ -9 ~~~~ ~~ •~~'~J LOblfi,il~'t'3 xaIGY V 33ZIi~~9i1OCt s~~al:ng ~m~i~~i~ ~ ~ ~ i ~, , ~~~~ i'I ~ r Q pgY ~ ~ g~ ~ 6 ~ 7 ~ ~ ~ ~ ~ 9 5 g i d{ ~ p ifi ' Fa ~ ~~ i f ~. K ~ 1' - : Q j ® ~ . am W A ~i7 _ 4 F ~# n Q n ,' •~ 5. t,! ~. i(' f Exhibit A -Page 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT (PP-07-004) 1.1.1 The preliminary plat labeled as sheet 1 of 1, prepared by Rennison Fodrea, Inc., dated November 2, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Conditional Use Permit (CUP-07-002) application shall also be considered conditions of the Preliminary Plat (PP-07-004). 1.1.2 Landscaping: The landscape plan prepared by Rennison Fodrea Engineering, on 11-04-04, labeled Sheet L1.0, is approved with the following modifications/notes • 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. 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). 1.1.3 A minimum of three sides of all of the proposed trash enclosures shall be screened by a solid wood or block fence. 1.1.4 The drive aisle stub provided to this development from the east (Rockcreek) shall be extended as proposed. This drive aisle shall be maintained clear of any obstruction (fences, gates, bollards, etc.). 1.1.5 Prior to submittal of the fmal plat, the applicant shall submit a private street application for the existing "driveway/cross access" off of Pine Avenue and the two main east-west drive aisles that serve lots 8-19.The applicant shall provide cross-access for all of the lots within the subdivision to utilize the existing driveway from Pine and the internal private streets as access to the public street system. The applicant shall also provide provisions for ownership and maintenance of the internal drive aisles and private streets. The cross access and maintenance provisions may be done with a separate document provided prior to signature or be created via the plat. 1.1.6 Construct a pathway on the north side of the Nine Mile Creek, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). Said pathway shall be a minimum of 5-feet wide and constructed to align with the existing pathway on the east side of the driveway. 1.1.7 A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.8 Vinyl fencing shall be installed around the perimeter of the subdivision; oven vision fencing shall be installed along the. Nine Mile Creek. 1.1.9 Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners' Association. Exhibit B -Page 1 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 1.1.10 Per LJDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways (which includes the Nine Mile Creek) and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1..11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-07-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 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 iJDC 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 tune of final construction. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staffs failure to cite specific ordinance provisions or terms of the preliminary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIItEMENTS -CONDITIONAL USE PERMIT (CUP-07-002) 1.3.1 The submitted site plan labeled 1 of 1 dated 1/12/07 prepared by Rennison Fodrea Inc is not approved as submitted. At least 10 days prior to the City Council hearing provide staff with 10 full-size, one 8.5" x 11", and one ip~ version of a revised site plan depictinE the revised parldn~ schedule. 1.3.2 Comply with all of the standards listed in iJDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.3 Provide the following amenities as proposed: 0.93 acres of common open space, public art, half basketball court and sand volleyball court, and open grassy area and walking paths. 1.3.4 Provide the following: property management office, maintenance storage area, central mailbox location, directory and map of the development Exhibit B -Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 1.3.5 Provide each unit with a private patio or deck measuring 10' x 10', for a total of 100 square feet of private useable open space as proposed. 1.3.6 Eight covered parking spaces, within a carport or garage, shall be provided each four-plex. At least 10 days prior to the City •Council hearing, provide staff with 10 full-size, one 8.5" x 11", and one jpg version of a revised site plan depicting the revised parking schedule. 1.3.7 All elevations of the four-plex buildings shall substantially conform to the elevations in Exhibit A of the Staff Report. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. No two buildings with the same color scheme shall be side-by-side• multiple color schemes are reauired within the development Hardboard sidine with board and bat. shakes shall be used on the buildings 1.3.8 All comments and conditions of the accompanying Preliminary Plat (PP-07-004) application shall also be considered conditions of the Conditional Use Permit (CUP-07-002). 2. Public Works Department 2.1 Sanitary sewer and water service to this development is being proposed via the existing mains installed with the previous application. If, due to required plat revisions, the applicant needs to install new mains or remove old ones the applicant shall install sewer and water 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 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-1.9, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.3 Prior to plat signature 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). 2.4 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 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- dolnestic purposes such as landscape irrigation. Exhibit B -Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 2.8 Per UDC 11-3A-6 all irngation 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. 2.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.10 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, and road base installed, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 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. 2.18 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. 2.19 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. 2.20 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 Exhibit B -Page 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 To increase emergency access to the site a minimum of two points of access will be required. The two entrances should be separated by no less than % the diagonal measurement of the full development. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The proposed multi-family lot has an estimated 64 units with a total estimated population of 120 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The first digit of the ApartmenbOffice Suite shall correspond to the floor level. Exhibit B -Page 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898- 5500 to address this concern prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1..1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.16 There shall be a fire hydrant within 100' of all fire department connections. 3.17 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3..19 Provide ADA approve ramps in front of each building for gurney and ground ladder access. 4. Police Department 4.1 To increase emergency access to the site, the applicant shall provide a stub street/cross access point to the property to the east. This cross access point shall be clear of any obstruction. 4.2 Prior to release of building permits, the applicant shall. submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.3 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit B -Page 6 ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 4.4 Any interior fencing next to common open space shall allow visibility from the street or shall not ' exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District 7.1 In a letter dated February 13, 2007 ACRD stated that the same conditions and restrictions that apply to the previously approved Tramore Subdivision (PFP-O1-006) apply to this project. Exhibit B -Page 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The City Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public .health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACFID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C -Page 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council fmds that the proposed development 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). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design (as amended), construction, operation and maintenance of the multi-family use will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. The City Council fmds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, and CLJP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from Exhibit C -Page 2 ~ -~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 the City. The applicant and/or future property owners will be required to pay highway impact fees. The City Council finds that the proposed uses should not create excessive additional costs for faciiitics or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance; the applicant is proposing to leave the Nine Mile Creek open Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C -Page 3 May 11,2007 CllP 07-002 MERIDIAN CITY COUNCIL MEETING Moy 15, 2007 APPLICANT Ron Babneau ITEM NO. $-F REQUEST Findings for Approval -- Request for a Conditional Use Permit approval to construct a mul#i-family development consisting of 64 mutt-family dwelling units on 16 lots in an L-O zone for ®oubllree Subdivision - 1105 West Pine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Find(n~s CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ,V,¢/ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~` Date: c5 l ~ D~~ Phone: ~~j~--~ l~ '~-( ~/' ho-fr~~, ~r C'AM Staff Initials• Materials presented at public meetings shall become property of fhe City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • A ,~. ~~ ~ -~r,-,u,~ .`~. rte }};~~~r ~17V taP yk ~~~;. C~~`~rr~i~n ,- a t~~~H© ~~~ ~, ~ v In the Matter of Preliminary Plat approval of 16 residential building lots (proposed to contain 64 multi-family units) and 3 common lots, AND Conditional Use Permit approval to construct amulti-family development consisting of 64 dwelling units (16 four-plexes) on 5.7 acres in an existing L-O zone, by Ron Babneau. Case No(s). PP-07-004 & CUP-07-002 For the City Council Hearing Dates of: April 10th and May 1St, 2007 (Findings on the May 15th, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 10, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 10, 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 (LC. §67-.6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and alI 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-07-004 & CUP-07-002 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat, Site Plan and the Conditions of Approval all in the attached Staff Report for the hearing date of April 10, 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 4/5/07 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 4/5/07 is hereby conditionally approved; and, 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 10, 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 tune to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-002 exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If. the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional tune extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Cornrnission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the tune 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 April 10, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-002 • . ~~ By action of the City Council at its regular meeting held on the S day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~ J~GL- COUNCIL MEMBER JOE BORTON VOTED__~~~N COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~G~ COUNCIL MEMBER KEITH BIRD VOTED___z~~ TIE BREAKER MAYOR TAMMY de WEERD VOTED -'~ ~~ ~ P ~ FO ~~L WILLIAM G. BERG, JR., GI Y C E~ZK ~ _ Copy served upon: 1~~ ~ ~ ~~ /~ Applicant ~~'~.~ ~~ . ~~,~``~ ./~ Planning Dep `/a 'rt1~l~tit ~ i ~ ~ N `~c~r -~ Public Works Department -City Attorney BY~ Dated: rj- ~ Lp-Q~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-004 & CUP-07-002 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/10/2007 Mayor and City Council Justin Lucas, Associate City Planner 208-884-5533 Doubletree Subdivision ~ ~~v Y PP-07-004 Preliminary Plat approval of 16 residential building lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an existing L-O zone. CUP-07-002 Conditional Use Permit approval to construct amulti-family development consisting of 64 dwelling units (16 four-plexes) on 5.7 acres in an existing L- O zone. `~~~u ic~~~a~o 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ron Babneau, has applied for Preliminary Plat (PPj and Conditional Use Permit (CUP) approval for amulti-family development consisting of 64 multi-family dwelling units (16 four- plexes) on 16 building lots and 3 common lots on 5.7 acres in the existing L-O zone. The site is located on the south side of Pine Avenue, approximately 1,000 feet east of Linder Road. The project site is commonly known as Lot 2, Block 1, Tramore Subdivision, and is currently vacant. The subject site is designated "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Map. 2. SUMMARY RECOMMENDATION The subject applications (PP and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided detailed analysis and recommended conditions of approval for the requested Preliminary Plat and Conditional Use Permit applications. Staff is recommending approval of the vronosed Doubletree Subdivision fPP-07-004 and CUP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on March 15, 2007. At the March 15 2007 public hearing the Commission voted to recommend approval. a. Summary of Commission Public Ilearing• i. In favor: Shaun Dulin ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None b. Key Issues. of Discussion by Commission• i. -Type of perimeter fencing to be used ii. -Architecture of .proposed four plexes c. Key Commission Changes to Staff Recommendation• i. -Required vinyl perimeter fencing as proposed by the applicant d. Outstanding Issue(s) for City Council: i. -Review and approval of the architecture proposed for this development r. r.~ ~CITVt~F ~~~ "' C~~~z~l~ Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL l0, 2007 be Meridian itv o ~n it h aryl theca ;tams nn April 1 th and MaV 1St 7nn7 Af *ha n„hhr• aring the oune'1 annrov d he c rbiec PP and iTP r a pest ;1, Summary of itv o ~n it P~b1iS APar;na: i. In favor: Shaun Dula_n._Rennison Fodrea. Inc_.. Ron Babneau (Annlicantl ii. In onnosition: None iii. Commentinc: None iv. Written testimony None v. Staff nresentinc annlication: Anna Canninc vi. Other staff commentin on annlication• None 1L ev Issues of Dice ~ccion by o ~ncil• i. Sidine and color of buildings: and. ii. Cross-access• ~, ev Council Chanuec to Cnmmisc;nn i2ocnmmn i. Accented anplicant' testimony statine that no two alike buildincs will be side-bv side: rnultinle color schemes reauired• and ii. Accented annlicant'_s testimony stating that hardboard sidine with board and bat shakes will be constructed on the buildin s 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP- 07-004 and CUP-07-002 as presented in the staff report for the hearing date of April 10, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-07- 004 and CUP-07-002 as presented during the hearing on April 10, 2007 for the following reasons: (You must state specific reasons for denial of the conditional use permit and/or denial of the plat. You should state what the applicant could do (change) to gain your approval in the future.) Continuance I move to continue File Numbers PP-07-004 and CUP-06-02 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: 1105 W. Pine Avenue, Lot 2, Block 1, Tramore Subdivision b. Owner: Roundtree Development LLC 5700 E Franklin Road Suite 220E Nampa, Idaho 83687 c. Applicant: Ron Babneau 4006 E Man O' War Lane Nampa, Idaho 83686 Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 d. Representative: John Rennison, Rennison Fodrea Engineering e. Present Zoning: L-O (Limited Office District) f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for a Preliminary Plat (PP) and Conditional Use Permit (CiJP) for amulti-farruly development consisting of 16 residential building lots (64 units) and 3 common lots on 5.7 acres in the existing L-O zone. The gross density of the project is 11.23 dwelling units per acre. Approximately 16.3% (0.93 acres) of the site is being set aside for open space (exclusive of the Nine Mile Creek). 1. Date of preliminary plat (attached in Exhibit A): 11 /2/06 2. Date of landscape plan (attached in Exhibit A): 11/4/04 3. Date of site plan (attached in Exhibit A) 1/12/07 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. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 12"' and 26`x, 2007 (Commission); March 19`h, 2007, and Apri12"d, 2007 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: February 2"d, 2007 (Commission); March 16`h, 2007 (City Council) e. Applicant posted notice on site by: February 19`x, 2007 (Commission); April 3'd, 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): This site is currently vacant. b. Description of Character of Surrounding Area: This site is located in between higher density residential uses to the north, and east. An industrial project (Creamline Park Subdivision) was recently approved to the south. The site is considered infill development. c. Adjacent Land Use and Zoning: 1. North: Tramore Senior Apartments, zoned L-O 2. East: Rock Creek multi-family development, zoned R-15 3. South: Union Pacific Railroad, and recently approved Creamline Park Subdivision, zoned I-L. 4. West: Banbridge Living Center, zoned L-O d. History of Previous Actions: This site is Lot 2, Block 1 of Tramore Subdivision, atwo-lot preliminary/final plat that the City reviewed and approved in 2001 (PFP-01-006). Processed concurrently with Tramore Subdivision was a CUP application fora 72-unit senior apartment Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 complex (CUP-O1-036) on Lot 1, Block 1. As part of the Tramore Senior Housing Development, a 50-foot wide cross access easement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag/access for the subject development. An access driveway has been constructed to a width of 25-feet, with curb, gutter a sidewalk on the east side, from Pine Avenue to the northern boundary of the proposed development (to the Nine Mile Creek). In addition to the history described above, this site was previously approved as Roundtree Subdivision (CUP-04-018, PP-04-018, FP-04-076). The approvals for Roundtree Subdivision lapsed in 2006 and now the applicant is re-applying for basically the same project as was previously approved. Due to the fact that the UDC has been adopted since the original approval of this project, the current applications are being reviewed for compliance with all of the current development standards contained in the UDC. Note: As part of the previous development approval, the applicant has all ready installed sewer and water service on this site (see Public Works comments for more detail). e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer mains have been installed and tested on this site. Location of water: Water mains have been installed and tested on this site. The hydrants have been activated. Issues or concerns: 1.) The sewer and water mains and services have all been installed and tested on this site. If significant changes to the plat are required the existing mains would need to be removed and new mains installed. 2. Vegetation: N/A. 3. Flood plain: The Applicant has indicated that the property is outside of the flood zone of Nine Mile Creek, with the exception of Zone "A" which is contained in the creek channel. 4. Canals/Ditches Irrigation: The Applicant is proposing to leave the Nine Mile Creek open abutting the site. The City has previously allowed this section of the Nine Mile Creek to remain open. Staff finds that the Nine Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. 5. Hazards: No hazards have. been identified on this site. 6. Zoning: L-O (Limited Office District) 7. Size of Property: 5.70 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 19 Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 7. Gross Density: 11.23 units per acre (net density is 13.61 d.u./acre) g. Landscaping 1. Width of street buffer(s): Previously installed with Tramore Subdivision 2. Width of buffer(s) between land uses: required on this site. No landscape buffers between uses are 3. Percentage of site as open space: 16.3% (0.93 acres) 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section 10, Analysis below. h. Amenities: Public art, open grassy areas, walking trails and pathways, sand volleyball court, and half basketball court. i. Off-Street Parking: UDC 11-3C-6 requires each multi-family dwelling with more than one bedroom to have 2 parking spaces in a covered carport or garage. See Section 10, Analysis below. Summary of Proposed Streets and/or Access: As part of the Tramore Development, a 50-foot wide cross access easement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag of the subject development. An access driveway has been constructed to a width of 25-feet, with curb, gutter a sidewalk on the east side, from Pine Avenue to the southern boundary of the proposed development. A secondary access point is also provided to the development in the form of a drive aisle stub from the Rock Creek development to the east. In a letter dated February 13, 2007 ACRD stated that the same conditions and restrictions that apply to the previously approved Tramore Subdivision (PFP-O1-006) apply to this project. In other words there are no additional ACHD requirements for this project. 7. COMMENTS MEETING On February 9, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "High Density Residential" on the Comprehensive Plan Future Land Use Map. Chapter VII, Section C (pg. 99) of the Comprehensive Plan contains a definition of the High Density designation which states the following: "High Density: to allow for the development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. Other uses within a development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." The applicant is proposing a gross density of 11.23 dwelling units per acre which is consistent with the High Density designation. 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): Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 5 ~\ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 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 will be providing services to the subject development in the following manner: • Any necessary 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 City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • Except for the private service drive, the roadways near the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of this development. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to tie into one cross access driveway that is currently provided to this property from the Rockcreek Subdivision to the east. Staff is supportive of is proposal and believes that the applicant has done a good job of connecting to the only available secondary access point to this property. 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 sidewalklmicro pathways that connect to the existing sidewalk and pathway network to the east. Various other sidewalks and paths are proposed that link the various buildings together. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal. N, 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 D, Action 7 -Develop incentives for high-density development along major transportation corridors to support public transportation system. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 Stafffinds that the subject location is favorable for a multi family development because of the access future residents will have to goods and services offered in the downtown area. This type of density will also help to support any future public transportation that may run along the transportation corridors to the north (Pine Avenue, an arterial street) and south (railroad tracks). Chapter VII, Goal V, Objective A, Action 14 -Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. See above Chapter V,' Goal I, Objective A, Action 11- Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial industrial and residential areas. The applicant is proposing to leave the Nine Mile Creek open on this site. Along with that, the applicant is proposing to improve and landscape along both banks of the creek which will enhance its aesthetics. Staff is supportive of the applicants proposal. . Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi=family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff finds that this location is favorable for this development because of its proximity to services in Old Town. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists multi-family dwellings as conditional uses in the L-O zoning district. b. Purpose Statement of Zone: L-O Limited Office: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian comprehensive plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Multifamily Development (iJDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 Site design (UDC 11-4-3.27B): Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifarruly development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. UDC 11-4-3.27.G: All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash durnpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. PP/CUP Applications: Special Considerations: Landscaping: The landscape plan prepared by Rennison Fodrea Engineering, on 11- 04-04, labeled Sheet L1.0, is approved with the following modifications/notes: 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 fmal plat application(s). Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See Section 9, Unified Development Code above for a complete Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 list.) These standards apply to Setbacks, Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. The applicant should be required to comply with all standards listed in UDC 11-4-3.27. Below, staff has detailed some of the standards that either meet code but are key elements to the development, or need to be modified to be compliant with code. Multi-family Setbacks: UDC 11-4-3.27 states that multifamily developments with multiple properties shall be considered as one property for the purpose of implementing certain standards such as setbacks. Furthermore, this section of the UDC states that multi-family buildings shall provide a minimum setback often feet unless a greater setback is otherwise required. Because this development is proposed within the L-O zone, greater perimeter setbacks (front 20 feet, and rear 20 feet) are required. Looking at the development as a whole the front setback to any structure is currently proposed at over 400 feet (measured from the northern perimeter) and the rear setback is proposed at 35 feet (measured from the southern perimeter). The side setbacks are proposed at 15 feet. Furthermore all of the buildings within the proposed development maintain a minimum setback of 10 feet between buildings. All of these setbacks meet or exceed the standards for multifamily development within the L-O zone. Refuse. Areas: At this time no details have been provided for the trash enclosures. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. To achieve this staff believes that a solid wood or block fence should be used to screen a minimum of three sides of all of the proposed trash enclosures. Open Space: Open space is defined as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1 A). UDC 11-4- 3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Using the most restrictive of the above calculations the applicant is required to provide 22,400 square feet (.51 acres) of useable open space. The applicant states that 16.3% (0.93 acres) of the site is being set aside for useable open space (this calculation excludes the Nine Mile Creek). Staff is confident that the useable open space requirement is being met for this development. Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners' Association(s). Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space to be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed development proposes a private patio or deck measuring 10' x 10', for a total of 100 Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ] 0, 2007 square feet of private useable open space, for each unit, which exceeds the minimum requirement. Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have atwo-car covered carport or garage for each unit. Currently it appears that all of the parking in the proposed development is uncovered. To conform with the UDC, at least eight covered parking spaces, either a carport or garage, should be provided for each four-plex. It appears that there is ample room to provide carports for the units without a major redesign of the project. It would be more difficult to add garages for the proposed units. Access: The Applicant is proposing to utilize two access points to serve the development. The first is an existing shared driveway that is located near the west property line, on the flag portion of the subject site. With the platting of Tramore Subdivision, across access easement was provided to Lot 1 (Tramore Senior Apartments) to use the shared driveway across Lot 2 (subject site), for access to Pine Avenue and the public street system. This shared driveway has been constructed up to the subject lot by the developer of the Tramore Senior Apartments with curb, gutter and sidewalk on the east side of the 25-foot wide driveway and landscaping on the west side. The second access point proposed to this site is a drive aisle from the Rock Creek multifamily development to the east. This drive aisle connection is a crucial secondary access point into this development that City Staff (Planning, Fire and Police) believe should be maintained clear at all times. Both the police and Fire Departments have included conditions regarding secondary access through the Rock Creek Development. Furthermore, the proposed buildable lots do not have public street frontage. In lieu of street frontage, the Applicant is proposing to extend the north-south private drive for access to each lot. The Applicant should be required to provide a separate cross-access easement for all of the lots within the subdivision to utilize the drive aisles across the buildable lots as access to the public street system Private Streets/Addressing: All of the units within the development are set back from the public street a significant ~ distance. These units may be difficult for emergency services, delivery services and the general public to find. Due to this situation, the Fire Department and Planning Staff recommend that the applicant submit a private street application to the Planning Department for the existing "driveway/cross access" off of Pine Avenue. Further, as part of the private street application, the applicant should also apply for private street approval for the two main east-west drive aisles that serve Lots 8-19. These private streets should carry street names approved by the Ada County Street Naming Committee. Staff is generally supportive of private streets for multi-family developments. The applicant should design and construct the new private streets serving Lots 8-19, in compliance with the standards listed for Private Streets in UDC 11-3F-4 (see below). A. Design Standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF `REPORT FOR THE HEARING DATE OF APRIL 10, 2007 2. Connection Point: Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. 3. Emergency Vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian fire department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction Standards: ' 1. For conversion of an existing facility to a private street at the direction of the fire marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway And Storm Drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the transportation authority or as approved by the city of Meridian based on plans submitted by a certified engineer. b. Street Width: The private street shall be constructed within the easement and shall have a travel lane width of twenty four feet (24') or twenty six feet (26') as determined by the fire marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five foot (5') attached sidewalk or four foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement maybe waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire Lanes: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments between twenty and seventy-five units three amenities shall be provided with one from each category (UDC 11-4-3.27D-2b). The applicant is providing amenities as follows: Public Art (Quality of Life), half basketball court and sand volleyball court (Recreation) and open grassy area and walking paths (Open Space). Staff believes that the proposed amenities are sufficient for a multi family development of this size. Along with the above mentioned amenities UDC-4-3-27-B7 requires that all multifamily developments with 20 units or more shall provide the following: a) property management office, b) maintenance storage area, c) central mailbox location, d) directory and map of the development. As currently proposed the applicant appears to include all of these items on the submitted master site plan. Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 12 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 Elevations: The applicant has submitted building elevations for the proposed 4-plex structures (see Exhibit A). UDC 11-4.3 requires multifamily structures to comply with design standards for multifamily developments. The elevations submitted by the applicant show front and rear facades with three separate material types. Variation in the facades is also provided by window bays and covered entrances with architectural treatment. The roof form of the building varies and the main roof shape has a significant pitch (5/12). The exterior building materials are proposed as wood or other natural materials. Staff believes that the elevations submitted with the CUP meet the requirements of the design. standards listed in UDC 11-3A-19. Staff will ensure that when CZC applications are submitted for construction of the four-plex buildings in the future, that the elevations comply with the UDC requirements. Pathways: The Union Pacific Railroad corridor abutting the south property line is shown as a proposed multi-use pathway on the Comprehensive Plan Future Land Use Map. There is also amulti-use pathway shown adjacent to the Nine Mile Creek in the Comprehensive Plan. With the development of the Tramore Senior Apartments, a five foot pathway was constructed on the north side of the Nine Mile Creek. This pathway aligns with the pathway constructed in the Rock Creek and Tremont Subdivisions to the east of the subject site. The only missing link in this pathway network is the section on the west side of the existing drive aisle in the northwest corner of the subject development. The Applicant should construct a pathway on the north side of the Nine Mile Creek, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). This pathway stub will allow pedestrians to traverse from Tremont Subdivision, through Rock Creek and across the subject site, unimpeded. The pathway stub also allows for the pathway to be extended when the property to the northwest of the site develops (undeveloped portion of Sunbridge). In the past, the City has not required the construction of a pathway within the Union Pacific Railroad corridor, but has required developers that abut the future pathway to provide a minimum of 5-feet of landscaping. Consistent with previous Council action, the Applicant should not be required to construct amulti-use pathway adjacent to the southern boundary (railroad), but should be required to provide a minimum of 5-feet of landscaping along the south property line. The Applicant is proposing a 35-foot wide setback along the southern boundary of the project. There is an existing 25-foot wide irrigation easement within the rear setback. At a minimum, the Applicant should be required to plant trees in accordance with the UDC (1 tree per every 35-lineal feet). Fencing: The applicant has not proposed to construct fencing along any portion of the property lines. At the public hearing the type of fencing proposed for the perimeter and along the Nine Mile Creek should be identified by the applicant. 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, and common open space, fencing shall be designed according to UDC 11- 3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners Association. Ditches, Laterals, and Canals_ Per UDC 11-3A-6 all irrigation ditches, laterals or Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ,APRIL 10, 2007 canals, exclusive of natural waterways (Nine Mile Creek), including waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common 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 subject applications PP- 07-004, and CUP-07-002 with the conditions listed in Exhibit B of the Staff Report for the hearing date of March 1, 2007. The Meridian Planning and Zoning Commission heard these items on March 15, 2007. At the March 15 2007 public hearing the Commission moved to recommend approval. t the Mav 1 2007 public hearin th Merldlan C1tV COUIICII Voted to annrnve the cnhiect nrniert 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 11-2-06) 2. Landscape Plan (dated: 11-4-04) 3. Site Plan (dated 1/12/07) 4. Elevations 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 C. Required Findings from Unified Development Code Doubletree Subdivision PP-07-004/CUP-07-002 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10, 2007 A. Drawings 1. Preliminary Plat (Revised 4/5/07 with Carports Noted) ~ ; ~ i • i ;~~-..~. '. g I g '' Y, c ¢ I O ~ ~ ~ i ~ iu -•o.c •u I ~ 9 9 ~ 1 ~~!!8 ~~~ j,r~ ~~~gs~ i~a kt~~ s~ ~ ~~ a~ a~ ¢ i $a ~ ~ ' - 6 u - ~~_.. ~~~eieumszn ~y ." ~_.:Q_ _Kyayr.. -._ _~ ~7NB? ST ~ ~ \ R \j QQ I;r _ ~..________.__-__~.___ ~ y ~ ~~_4~ ,~ ~ : a 6 ~ ~ 1 ' ~~ '` ~~ ) ~ ~ ~ ~ i ~& Ye '3i .i'e~l?=. . po~ E ~ 6i~ ~ o ~ !~~ s~0 ~i S' ~~e~ ~~ ~~ ~ ~~ ~N R~ ~fi = s !. ~~ ~ tlk7 ~ d {#_ ~ ~~.. is :e ~ ; gg ~ q @e p~ ° ~ ~''iE ~ 3tig ~ PA ~~~ ~w „1II. ~~. ~~' !~ .ii ,~ , ~~o~~,,..,.as ~a gip ii~ p 6B g _# ~~$~ISE$ a~&~~~ISB~Bfik~~~ ~~a~. ... e a~ 7 8 . ~ ...-..•.••••••.=+.++rn~`*Kn.enif .r~ret~Kr{ff114 ~NHMfiF{liil/.M14 ~ ! i ~k RWI61D°3 w `~"~w'~`"''T Rennison Fodrea Inc ~ d , . 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Site Plan (Revised 4/5/07 with Carports Noted) u ----- _ _ +~ --- --aa-sis^o~ gEaRirv~'°-- - ~ i m 6C ~~ ~~ i ' ~ ~~ a I+ ; ~ ~~Q~ e a B ~J fd 4'~ ~I844 t!d ~~~444 -a- ~~a== pSa4 ~q{~ pia~~ ~~~1?-~ Ap ~ `~~ off- ~ y E ~9 ~e4; E$7 4e Y~ ~~ 5 4 ~r`~ i na- CC 4 @~ , ~~ d d~ r ~ ~ ~ g, ~ ~ i ! g ~~ ~ $ ~ gt ~ ~~,•~ ~€ eis~~ p€~~~g~' ~~ ~ ~° ~ ~ ~ ~ ~ E5 ~~ at6 d t ~~ ~R e 3 S - ~ ~ ;, ~' lF~~i§Q~li~~~cY~~~~~ej~tQ \ ~ ~ fiFfi~~ ~€/~~~ ~la~ Exhibit A -Page 3 ;~ -~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I0, 2007 4. Elevations ~ ~ ~ "l~ "U5 Oiz'I S1Ni1 'b? ~ ~ < ~ ~~~j < ,~ -i f a sf( i Q s ~ g X~~d f_ T~ V 33~1319f10a 'Il ~ ~y ! 1 i , ~~ . e ~ ~~ ~ ~ ~ ~ ~~ 4 ~ ~ @ ~! ~~ ~ 3 I r3 O I ~ ~ I ~ ~ ~ I I; I ~ i ~ i ,4 ~ ~~ ' ; jy ^uO 0~~ 1 ) : ... -„~ H M _ - „' 1r 2 _ O 1 a ~ I ® ~ I l t) ~ ~ r .. ~ ^~~ ^o0 ~ 4 1.. t Y- ~, ~ I ~ - _ 1 ` ^~~ 000 4 ~:. ~ ~ , -• _ 2 _ i ~i L ® e D ti ~ ~ I ~ _ ^~ ~ „ ~_. ` i ® OQO ~ F Y ® ^OQ ^OO 9 2 ~ ~ ~ ® I I goo ^oo 4 5 pp ~ y5y y l6 ~' ~~ a ~ ~1 ~ ~0 Exhibit A -Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 ~~o' ~~ ~ X2I~ .b ' 331! ~'f9?1OG s~~a1n~ ~m~~~~i~ u ~' , ~~~i,~l ~ .t c ~, 7 ~i ~ S9 i S ~~ ~ ~ ~ F g~ ~ E . ~~~~ ~ E a a ~~ ~ . f - ~~ ~. :- ~ Q ~ ' g . 0 N w ~ - - ~~ - :. - ~~ P. ~ n „ l` y:. ~. ' i ~ Exhibit A -Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIItEMENTS-PRELIMINARY PLAT (PP-07-004) 1.1.1 The preliminary plat labeled as sheet 1 of 1, prepared by Rennison Fodrea, Inc,, dated November 2, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Conditional Use Permit (CUP-07-002) application shall also be considered conditions of the Preliminary Plat (PP-07-004). 1.1.2 Landscaping: The landscape plan prepared by Rennison Fodrea Engineering, on 11-04-04, labeled Sheet L1.0, is approved with the following modifications/notes • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryrrlan 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). 1.1.3 A minimum of three sides of all of the proposed trash enclosures shall be screened by a solid wood or block fence. 1.1.4 The drive aisle stub provided to this development from the east (Rockcreek) shall be extended as proposed. This drive aisle shall be maintained clear of any obstruction (fences, gates, bollards, etc.). 1.1.5 Prior to submittal of the fmal plat, the applicant shall submit a private street application for the existing "driveway/cross access" off of Pine Avenue and the two main east-west drive aisles that serve lots 8-19.The applicant shall provide cross-access for all of the lots within the subdivision to utilize the existing driveway from Pine and the internal private streets as access to the public street system. The applicant shall also provide provisions for ownership and maintenance of the internal drive aisles and private streets. The cross access and maintenance provisions may be done with a separate document provided prior to signature or be created via the plat. 1.1.6 Construct a pathway on the north side of the Nine Mile Creek, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). Said pathway shall be a minimum of 5-feet wide and constructed to align with the existing pathway on the east side of the driveway. 1.1.7 A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.8 Vinyl fencing shall be installed around the perimeter of the subdivision• oven vision fencing shall be installed along the Nine Mile Creek 1.1.9 Maintenance of all common areas shall be the responsibility of the Doubletree Home Owners' Association. Exhibit B -Page I • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 1.1.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (which includes the Nine Mile Creek) and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.11 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUREMENTS-PRELIMINARY PLAT (PP-07-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All storrrlwater 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 submtted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.4 Staffs failure to cite specific ordinance provisions or terms of the prelinnary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS -CONDITIONAL USE PERMIT (CUP-07-002) 1.3.1 _The submitted site plan, labeled 1 of 1, dated 1/12/07, prepared b~Rennison Fodrea Inc is not approved as submitted. At .least 10 days prior to the City Council hearing, provide staff with 10 full-size, one 8.5" x 11", and one ipg version of a revised site plan depicting the revised parlcin~ schedule. 1.3.2 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site .Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.3.3 Provide the following amenities as proposed: 0.93 acres of common open space, public art, half basketball court and sand volleyball court, and open grassy area and walking paths. 1.3.4 Provide the following: property management office, maintenance storage area, central mailbox location, directory and map of the development Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 1.3.5 Provide each unit with a private patio or deck measuring 10' x 10', for a total of 100 square feet of private useable open space as proposed. 1.3.6 Eight covered parking spaces, within a carport or garage, shall be provided each four-plex. At least 10 days prior to the City Council hearing, provide staff with 10 full-size, one 8.5" x 11", and one jpg version of a revised site plan depicting the revised parking schedule. 1.3.7 All elevations of the four-plex buildings shall substantially conform to the elevations in Exhibit A of the Staff Report. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. No two buildings with the same color scheme shall be side-bv-side: multiple color schemes are reouired within the development Hardboard siding with board and bat shakes shall be used on the buildings. 1.3.8 All comments and conditions of the accompanying Preliminary Plat (PP-07-004) application shall also be considered conditions of the Conditional Use Permit (CUP-07-002). 2. Public Works Department 2.1 Sanitary sewer and water service to this development is being proposed via the existing mains installed with the previous application. If, due to required plat revisions, the applicant needs to install new mains or remove old ones the applicant shall install sewer and water 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 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. 2.3 Prior to plat signature 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). 2.4 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure imgation system in this proposed development. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. Exhibit B -Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 2.8 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. 2.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.10 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, and road base installed, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 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. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Pernutting that maybe required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 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. 2.18 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. 2.19 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. 2.20 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 Exhibit B -Page 4 -1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 2Q, 2006 expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/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'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48'' outside radius. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 To increase emergency access to the site a minimum of two points of access will be required. The two entrances should be separated by no less than '/z the diagonal measurement of the full development. 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The proposed multi-family lot has an estimated 64 units with a total estimated population of 120 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level. Exhibit B -Page 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 3..11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898- 5500 to address this concern prior to the public hearing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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 Irlains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.16 There shall be a fire hydrant within 100' of all fire department connections. 3.17 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.19 Provide ADA approve ramps in front of each building for gurney and ground ladder access. 4. Police Department 4.1 To increase emergency access to the site, the applicant shall provide a stub street/cross access point to the property to the east. This cross access point shall be clear of any obstruction. 4.2 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.3 The proposed multi-falnily development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit B -Page 6 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. DATE OF July 20, 2006 ! - 4.4 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District 7.1 In a letter dated February 13, 2007 ACRD stated that the same conditions and restrictions that apply to the previously approved Tramore Subdivision (PFP-O1-006) apply to this project. Exhibit B -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The City Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACl-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. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C -Page 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed development 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). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design (as amended), construction, operation and maintenance of the multi-family use will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. The City Council finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not.adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The City Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF July 20, 2006 the City. The applicant and/or future property owners will be required to pay highway impact fees. The City Council finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. l;I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance; the applicant is proposing to leave the Nine Mile Creek open Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C -Page 3 May 11, 2007 AZ 06-052 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT POrfICO, LLC ITEM NO. S-G REQUEST Development Agreement -- Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision -1780 East McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: at public COMMENTS See aftached Development Agreement °VI V ~ Date: ~ ~ D? Phone: ~2l ~//O ,CdME St ff Initials: ~(~ ill become property of the Clty of Meridian. ~~ ~ Y.~j CITY OF ~_ A~-47- eYl~icn - ~ IDAHO v SINCE 1993 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 April 25, 2007 Ron Sargent Portico, LLC 1883 North Wildwood Avenue Boise, Idaho 83713 Re: Development Agreement -Portico Place Subdivision RZ 06-012 Dear Mr. Sargent, Enclosed please find the original Development Agreement for the Portico Place Subdivision Project, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call my office at 208-888-4433, if you have any questions. Sincerely, ~~~ nn, . ( ~"~ Tara Green Deputy City Clerk enc. CITY HALL, 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE Bc UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ADA COUNTY RECORDEp DAVID NAVARRO AMOUNT ,00 47 • BOISE IDAHO 05J21/07 ~ AM RE oRDrD-`REQUEST OF III IIII:IIIIIIIIIIIIilllllllllllllllll Ciry of Meridian 107071997 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Portico, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this _~ day of 2007, by and between City of Meridian, a municipal corporation of the ate of Idaho, hereafter called "CITY', whose address is 33 East Idaho Street, Meridian, Idaho 83642 and Portico, LLC, whose address 1883 N. Wildwood Avenue, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER". 1 • RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or pemut as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Meridian City Code Section 11, Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-8 (Medium Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 1 OF 9 • • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27a' day of March, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings);. and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 2 OF 9 • . 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Portico, LLC, whose address is 1883 N. Wildwood Avenue, Boise, Idaho 83713 the party developing said Property and shall include any subsequent owners and/or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Properly located in the County of Ada, City of Meridian. as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) ,attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Unified Development Code Section 11-2A-2, as follows: Construction and development of 26 single family and toBVnhouse building lots and 3 common lots on 5.17 acres in the proposed R-8 zone pertinent to this AZ 06-052 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: The existing direct access to E. McMillan Road from the existing house shall be terminated and access to the house shall be taken internally from N. Beethoven Avenue; direct lot access to E. McMillan Road is prohibited. 2. A 30-foot wide landscape buffer shall be installed adjacent to the existing home along E. McMillan Road; the remainder of the buffer shall be 35-feet wide as required by UDC 11-2A-6. In return for approval of the reduced buffer width, the applicant shall provide 44 additional shrubs and 3 additional trees over DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 3 OF 9 • • and above code requirements in the McMillan Road street buffer. 3. The north side of the driveway from Lot 17, Block 1 to Beethoven Avenue shall be located 50 feet south of White Hawk Street. 4. The driveway on Lot 17, Block 1 shall be designed with a turn. around so that vehicles exiting Lot 17 will be pulling out onto Beethoven rather than back out. A drawing of said driveway and turnaround shall be included as an Exhibit in the DA. (See Exhibit Al.) 5. Future attached homes within the subdivision shall comply with the elevations approved at the City Council hearing on March 6, 2007; a copy of said elevations shall be included as an exhibit in the DA. (See Exhibit A2.) 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners/Developershefrs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE•ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the Cityprovide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 4 OF 9 ! • 9.1 In the event Owner/Developer, Owner/Developer'shcirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer 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 nights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection 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 Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein.; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall continence 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 necessaryto complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 5 OF 9 • 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The Citymay also require suretybonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the ilnited States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Portico, LLC 1883 N. Wildwood Boise, ID 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 6 OF 9 • Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIlVIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto utiless reduced to writing and signed by them or their successors in interest or DEVELOPMENT AGREEMENT (AZ 06-052) PORTICO PLACE SUBDIVISION PAGE 7 OF 9 • their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER PORTICO, LLC By: CITY OF MERIDIAN BY~ MAYOR de WEERD ~1ppp~_~td-by, City Council ~' ~~ ~ 7 ATTEST: ~.~`~~y C~ ,~,,.''',, •~ ~" s _; ~o ': CITY CLERK ~ DEVELOPMENT AGREEMENT (~A~~~'~~p PLACE SUBDMSTON ~~''~---- ~ ~~ ~ ~ ~,,,,~`` PAGE S OF 9 STATE OF IDAHO ) County of Ada ss On this ~` ~ day of , 2007, before me, the undersigned, a Notary Public in and fo said State, personally appeared On(11 ^~ known or identified to me to be the ~uy^1~,. of Portico, LLC who executed the instrument and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,...... _ •~ ~~~~ ~ ,Q • ' ,`~ ~ (SEAL' ;~ ~~;'2,: ~ ' ' • ~ ~ i ~ `~; '~ .... STATE OF IDAHO ) County of Ada ss s Q ~~ Notary Public for Idaho Residing at: '[~ ~ ~~~ ~~~ l10 My Commission Expires: ~ G -~ ~ -~ ~ On this (D~~ day of m,C(, , 2007, before me, a Notary Public, personally appeared Tammy de Weerd an William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written (SEAL) • Notary Public for Idaho Residing at: Y1'le ~ lx,, ~ ,~ Commission expires: ID-~ ~- / ~ DEVELOPMENT AGREEMENT (AZ U6-052) PORTICO PLACE SUBDIVISION PAGE 9 OF 9 A Legal Description & Exhibit Map ~V. UNLANA.4flDYll~lAl. YMCINEtI%Ay; Ayp (yy~,Tplyg~~yC EXNIBfT A - - Rezone and Annexation Description for Portico, LLC Jos Na. 04097 101?J2008 Lana in the S1N1/4 of the SW1/4 of Section 29, T4N, R1 E, B.tN,, (tity df Maridlan, ,4da County. IOaho, described as foflaws: COOAiABNC1IYG et the Southwest Comer of said SW 1/4 (Southtveat coiner Of Section 29}, marked try a brass cap as per cori~erperpehiatlon record, Inst. No. 98117251; thence, along tlie~South Una of.said Section 28, South 89°1728' East, 48680 feetto the POHNT OF BEC3lNIdNG; ;: Noah 02°12'41 ° East, 884.45 feet; J thence Sout?189'°20'43' East, 339.10 feet, to a found 518 inch rebar tivith a plastic cap marked °PLS 4437' and being an angle polyd on the twundary of Sheridan Plaoe Subdivision, as per the Plat thereof, in Book 92" at page 10886, Ada County, Idaho Plet lieoords; thence alaug) sold Sutsdlv(slort boundary, South 02°15'53" West, 885.28 feet to a found 5/e inch rebarwfth a Plaeticcap mafked'PL34431° on the South Llne~satd Sedlon 29, said rebar marking the'Real Polnt of 13eginning° on the Plat of sald Sheridan place Subdivision; tlrenca along said South 8ectton Line, North 89°12'28' Went, 338.55 abet, to the POINT OF BEGINNIN(;; tor~intng 5-17 acres or 22G,224 square feet, more or less, and subject to any eaaernenta or ri8htsof-way of rocord or othen~isa existing. p1/at. 9Y OCT 192006 we`o°' ~ etc !o-?,~' Y.'~npTbruto ~~y1t~Ae~mrlgioASlAadm eL~essanR°mno.W(: Tmaxurc Valtey Sagiarora, Ina. OIIicr. {208) 463.0305 1204 6m. Strtat Noah Fat: {2U3)463-~}39~ 'Nampa, rheMo8368) w~RV, I'VElnc.com • SCALE: 1 "=40' PRGPOSEO DRIVEWAY AccESS ro N. BEETHOVEN AVE NO ACCESS TO N. BEETHOVEN AVE EXISTING TREE TT) BE RE1r10VED. SHRUBS AT OORNER OF MWILLAN AND BEETHOVEN TD BE LESS THAN 3' TALL, NO BERN AT CORNER tB E. MCMILIAN RD PORTICO PLACE SUBDIVIS-ION Driveway Plan Lot 17, Block 1 03/19/2007 ~' 17 E>OSTING HW1SE Exhibit Al • L~ °°'" a c~ ~y° a n a~ o o m ~a10o Gam' l.'12S B e'°5~~ eta m,.® ~. , awe ~° 9 a a _°®° ~ , G a e° ~0~ ~_ o.~l Exhibit A2 u CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • r pp ~~** e~tTM nF ~~ Y ~~~'Yl~t7G~1 ~..~ t ~ ~.UNO ~ ~ .~ In tlae Matter of Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat (PP) of 26 Single-family Residential Building Lota and 3 Common Lots for Portico Place Subdivision. Case No(s). AZ-06-052 & PP-06-053 For tl~e City Council Hearing Dates of: January 23, 2007; February 6, 2007; & March 6, 2007 (F~ndings on the March 27, 2007 City Councf agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) • 2. Process Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 23, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDUN FMDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-(Kr052 & PP-06-053 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated October 3, 2006, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 23, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat oz 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 prelimnary 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 MERiD1AN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1S10N & ORDER CASE NO(S). AZ-06-052 & PP-06-053 • • Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be 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: StaffReport for the hearing date of January 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). A~06-052 & PP-06-053 i • • By action of the Ci Council at its re ~ tY gular meeting held on the 2 ? " da of 2007. y COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: w ` ~~ William G. Berg, Jr., City VOTED_~%~a~ VOTED ~~d~r-~.~lr VOTED__~~~~ VOTED- ~~~ .____r» VOTED Mayor `~'~~,d~~~W'eerd ,. ~'~ ,~~ C)' ~'" ~ ms's o Copy served upon Applicant, The Planning'~h~~,~~;,Ptlblic Works Department and City Attorney. f w By. Ln ~ 'lam-~~% Dated: -- -C`1 City Clerk ~" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A~06-052 & PP-06-053 CITY OF MERIDIAN PLANNING~ARTM:ENT STAFF REPORT FOR THE • ATE OF JANU ARY 23, 2007 STAFF REPORT Hearing Date: Jsinuary 23, 2007 TO: Mayor & City Council FROM: Sonya wafters Associate City 1/'lanner Meridian Planning Department 884-5533 SUBJECT: Portico Place Subdivision • AZ-06-052 ~~ ~~ . `'~ 1 ~ IUANb ^Kx ~' ~ Annexation and Zoning of 5.17 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone • PP-06-053 Preliminary flat of 26 single-family and townhouse building lots and 3 common lots on 5.17 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Portico, LLC, has applied for Annexation and Zoning (AZ) of 5.17 acres from RUT (Ada County) to R 8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision. Alternative Compliance is also being requested for a reduction to the street buffer width along E. McMillan Road linm 35 feet to 25 feet om the south side of the existing home. The site is located at 1780 E. McMillan Road, on the north side of McMillan Road, just east of the intersection of Locust Grove and McMillan Roads, in Section 29, Township 4 North, Range 1 East, and is currently referenced sus Assessor's Parcel Number S0529336250. 2. SUMMARY RECOIVIlVIENDATION~ The subject applications (AZ-06-~D52 and PP-06-053) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of A7~Ota052 and PP-06.053 and the regaest for Alternative Compliance for Portico Place Subdivision ss prese~ed in the staff report for the hearing date of December Zl, 2006, subjject to the conditions listed in Exhibit B. T e eridian Planning and Zo~~_Commission heard these items on December 21.2006. At the Dubuc hearing t>rev~;d to recommend aDDroval. a. Summa_ry of Commissio~blic Hearin i. In favor: Ron Siirgent (aDDlicant/owner) ii. In oDDOSition: clone iu. Commenting: Nfone iv. Staff DresentinQ aDDlication: Sonya wafters v. Other staff cominentin on a lication: Caleb Hood b. Kev Issaes of Discnssion~ by Commission: i. Retention of existing access to McMillan Road for re c. KeV Commission Chances to Staff Recommendgtinn~ i. Re airs a Devela~~me~ A~eement that will fnclude a provision for a 35-foot wide landscape truff_er to be installed along McMillan Road when Lot 17. Block 1 re-deveb- s re-subdi 'de or modi5cations to the buildin o are made that re nu.~es a bnildin ermi uirement for th xis ' Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA?E OF JANUARY 23 2007 d. Outstanding Issue(sl forCity Council: i. Retaining e~stiin~ access to McMillan Road for resident of e~stin~ house ~. Sun~marvmf ftity Congci~ihtic Hearins-: i. In favor: on Ca ~e~~i~ portico. .i,C (Ann i~nt/Owned ii. Iy, onneRiition; None iii. ~~men 'nQ• Nene iv. Writte ~ eR 'momp: r~gBg v. Stiff n_ re a tins 1licati~: Anna Canning vi, Othe Ataff o ment~nu on nnli atin : N,~n ~, Kev TRRUes of DiA R 'on by ~~' -. i. _It of the required '1 fQO wide Rtr~ _ r alon ii. iii. ,ells: • A 3afoQ.t, wide lam woe h off r h 11 he 'n+~tailed a ia~,e_nt t~ the eBis 'ng The north R'de otf h~driY~vav from Lo 17_ Block 1 to Beethoven Avenue shall he locate ~~ f t Routh of ~Yhite lea k Street. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 2 n .Yhi~~in ihe~ CITY OF MERIDIAN PLANNING~ARTIvIENT STAFF REPORT FOR 1'HF • ATE OF JANUARY 23 2007 ~ Direct lot g rm snbdivis_ ie~~~ lCl~~~rd homes within the snhdivi,~in.. Q1~911 ~....,.a., .~:.~...._ __ shall be "nclnded s~ ®e hibit in th nA v ~_ - oe Pl n shall he_revised a_ fo lewA; • A 3-feet wide_ ~ a 'red on th w.st side • Landscanin~ ' ---~, 1 ..L..71 L- ~__l___J -_ ._~ _ _ _ ~. • i6[~, 35 feet.in width ]Ybere the bLffer is notadlaCpnr to thn pQ:or:.... house 3. PI80POSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-052 and PP-06-053 as presented in the staff report for the hearing date of January 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-U6- 052 and PP-06-053 as presentedi during the hearing on January 23, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant ate public testimony, I move to continue File Numbers AZ-06-OS2 a~ PP-06-053 to thr, hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY >P'ACTS a. Site Address/I.ocation: 1780 E. McMillan Road Section 29, T4N, R1E Tax Parcel: SOS29336250 b. Applicant /Owner: Portico, LLC 1883 N. Wildwood Avenue Boise, ID 83713 c. Representatives Ron Sargent, Portico, LLC d. Present Zoning: RUT (Ada County) Portico Place Subdivision AZ-06-052, PP-06-033 PAGE 3 CITY OF MERIDIAN PLANNING ~ARTM]~V'I' STAFF REPORT FOR THE HEARIN• TE OF IANUARY 23 2007 e. Present Comprehegsive Plan Designation: Medium Density Residential f. Description of Applicant's R~~uest:: The applicant has applied for Annexation and Zoning (AZ) of 5.17 acres from R1JT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 26 single-family residential and townhouse building lots and 3 common lots for Portico Place Subdivision.. The building lots consist of 20 attached units, 5 detached units, and 1 existing detached home. The proposed gross density for the subdivision is 5.03 dwelling units per acre with a net density of 6.98 dwelling units per acre. A gazebo, pathway, and parking areas are proposed within the common area located centrally within the subdivision. Alternative Comfliance is also being requested for a reduction to the street buffer width along E. McMillan Road from 35 feet to 25 feet on the south side of the existing home. 1. Date of Preliminary Plat, Sheet P1 (attached in Exhibit A): October 3, 2006 2. Date of Landscape P1in(s), Sheet Ll.l and L1.2 (attached in Exhibit A): October 6, 2006 g. Applicant's Statement/Justificr~tion: Per the narrative submitted by the applicant, the applicant is requesting annexation and zoning of 5.17 acres to R-8 and preliminary plat approval of 26 building lots consisting of single-family detached and attached homes with 3 common lots. Alternative Compliance is requested for a reduction to the required buffer width along McMillaa Road from 35 feet to 25 feet along the south side of the existing home. As an alternative to the width, 42 .additional shrubs and 3 additional trees beyond the required amount aze proposed within the McMillan Road landscape buffer. The applicant is also requesting that the current re.iident, Mrs. Buckley, continue to have duect vehiculaz access from McMillan Road to her garage until such time as she no longer lives there. At that time, the direct access would be eliminated and the house would be accessed solely by N. Beethoven Avenue, an internal street. Toy guarantee that the access point to McMillan Road would be removed and landscaping installed in the area where the driveway was, the applicant has agreed to submit a cash surety to the City to be held until the applicant removes the driveway and installs the required landscaping in the street buffer. 5. PROCESS FACTS a. The subject application will, iIt fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determiined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 4, 2006, and December 18, 2006 (Commission); Januarv 1.200'1 and Januarv 15.2007 (Citrtv C~ ounc~lll d. Radius notices mailed to properties within 300 feet on: November 22, 2006 (Commission); December 29, ?006 (City Com~i e. Applicant pasted notice on site '.by: December 8, 2006 (Commission); Januarv S. 2007 and February 15.2007 (City Councci 6. LAP1D USE a. Existing Land Use(s): Single-f Imi1y rural residential b. Description of Character of Surrounding Area: Amu of single-family residential uses and rural residential county land. Tlris area is rapidly transitioning from rural to urban. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 4 CITY OF IvIERIDIAN PLANNING ~ARTMEN'I' STAFF REPORT FOR THE HEARIN• ATE OF JANUARY 23 200 7 c. Adjacent Land Use and Zoning: 1. North Vacant land, .zoned RUT (Ada County) and single-family residential (Sheridan Place Subdivision), zoned R-8. 2. East: Single-family residential (Sheridan Place Subdivision), zoned R 8. 3. South: McMillan Road and Idaho Power Substation, zoned R-8. 4. West: Rural residential properties, zoned Rl and RITT (Ada Courrty). NOTE: The Parcel directly on the northeast corner of McMillan Road and Locust Grove Road is currently requesting au~mexation and L-0 zoning in the City (Woodland Springs). There is one parcel between Portico Place and Woodland Springs. d. History of Previous Actions: ].vA e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This development is proposing sewer service via extension of a sewer main in Fi. Roaring Creek Street. Location of water: This development is proposing water service via extension of mains in E. McMillan Road. Issues or concem~: There is no direct right-of-way connection to this parcel in the location o1'the sewer wain therefore the applicant is proposing extension through a common lot, between a sand and grease trap and fnfiltration trench. Staff has some concerns of the practicality of excavation so close to the stc-rm drainage facilities. 2. Vegetation: Landscaping and trees around the existing house 3. Floodplain: NA 4. Canals/Ditches/lrrigati~~n: No major facilities are located on this site, however all ditches on this property shall be tiled per City Code. See Exhibit B below. 5. Hazards: NA 6. Proposed Zoning: R-8 7. Size of Property: 5.17 acres f Subdivision Plat Information: 1. Residential Lots: 26 j20 attached uxuts, 5 detached units, and 1 existing detached home) 2. Non-residential Lots: 0~ 3. Total Building Lots: 2fi 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.17 ircres Portico Place Subdivision AZ-06-052, PP-06-053 PAGE S CITY OF MERIDIAN PLANNING D~ARTMITIT STAFF REPORTFOR THE I~ARINNG DATE OF ]ANUARY 23, 2007 9. Gross Density: 5.03 twits per acre (Net density: 6.98 units per acre) 10. Lot Sizes: Lot sizes range from 4,000 square feet to 7,054 square feet with one large lot of 20,142 squaze ff;et (where the existing house is.) g. Landscaping: Width of street buffer(s): 35 feet required along E. McMillan Road; 25 feet proposed along south side of existing house through Alternative Compliance. Forty-two additional shrubs and three additional trees beyond the required amount aze proposed along the entire length of the McMillan Road landscape buffer in return for the reduced buffer width. Landscape buffers along streets shall comply with UDC 11-3B- 7. See below for analysis regarding the proposed alternative compliance. 2. Width of buffer(s) bet,~veen land uses: NA 3. Percentage of site as gpen space: 0.56 acres or 10.8% (6% usable open space) 4. Other landscaping standards: Landscaping must be provided within the street buffer along E. McMillan Road and within the common lot on Lot 1, Block 3 in accordance with UDC 11-3B-7 Landscape Buffers Alvng Streets and 11-3G Common Open Space Requirements. h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings. R-8 Dimensional Standards (in feet) Setbacks Proposed Required Front Living Area (fivm back of sidewalk) 15 15 Side Accessed Garage (from back of sidewalk) 15 15 Front Accessed Garage (from back of sidewalk) 20 20 Side (5' public utility tt drainage easement is required) 4 4 Rear 12 12 Frontage (detached, with garage facing street) SO 50 Frontage (detached, v~ith shared driveway) 40 40 Frontage (attached) 40 40 Lot Size (detached, w/gE~ragc facing the front property line) 5,000 5,000 Lot Size (attaches and detached wisherea driveway) 4,000 4,000 Maximum Building F[eight 35 35 ~ No changes to the dimensional standards in UDC Table 11-2A-S were requested. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will ibe provided from E. McMillan Road via N. Beethoven Avenue, a proposed public street. The existing home currently has direct access to E. McMillan Road and is requesting to keep this access until such time as the current resident no longer lives there. A secondary access is also proposed to N. Beethoven Avenue for the existing home, creating asemi-circular driveway. The Planning Department, the Police Department, and ACRD are not supportive of the retention of the existing access to McMillan Road. A stub Portico Place Subdivision AZ-06-052, PP-06-053 PAGE d CITY OF MERIDIAN PLANNING~ARTNfE1VT STAFF REPORT FOR THE HE ~ ATE OF JANUARY 23, 2007 street for future connectivity is provided at the north boundary from N. Chopin Avenue for aces to the undeveloped County parcel to the north. In general, Staff is supportive of the proposed roadway design ex~~ept for the proposed direct lot access to McMillan Road for the existing home. 7. COMMENTS MEETING On December 1, 2006, Planning Staff held an agency comments meeting. The agencies and departiments present include: Meridian Fire Departtrient, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas ;ire anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plani). The proposed Preliminary Plat includes 26 single-family lots on 5.17 acres for a gross density of 5.03 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objf~ctive 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 Ciry services to the subject property. The City c j Meridian plans to provide municipal services to the lands proposed to be annexed in thES following manner.' - Sanitary sewer and water service will be extended to the project at the developer's expense. - 7'he subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sherif "s Office. Once annexed, the lands tivill 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 (ACRD). This service will not change. - The subject lands are can ently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the .Meridian Library District should su.•~`er no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works .Department, the Meridian Water Department, the Meridian Wastewater Department, the• Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Portico Place Subdivision AZ-06-OSZ, PP-06-053 PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMiENT STAFF REPORT FOR 7'HE HEARII~IG DATE OP JANUARY 23, 2007 Tfie' applicant is proposing .a residential zone. Stajf finds that the proposed development is compatible with the existing residential uses that surround the property. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscaping and fencing is proposed and will be provided on the site in accordance with UDC 11-3B and UDC 1 ~'-3A-7as shown on the landscape plan submitted with the application. Signage for thE~ subdivision is required to comply with UDC Il-3D and will require separate sign permit approval. • Chapter VII, Goal IV, Obj~~tive D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets, The applicant has proposed to temporarily retain the existing access to McMillan Road for the existing house. However, Sta,Q`'is requesting that the access be terminated and access to the house be provided solely from N. Beethoven Avenue, in compliance with the Comprehensive Plan, and at the request of the Meridian Police Department, and ACS. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing; to contain cons>zuction debris on site and prevent windblown debris from entering adjacent: agricultural and other properties. Six foot tall solid fencing is proposed along the west, east, and south boundaries per the landscape plan. The existing,iencing; consisting of barb wire and a small section of 6 foot tall cedar fencing, along the nor~`h boundary is proposed to remain; However Sta,~`'is requesting that the existing barb wire section be replaced with fencing to match the rest of the fencing on the site). Perimeter fencing is required to be installed prior to issuance of building permits (see Section 10 below and Exhibit B). • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high•density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 medium-density zoning designation. The subject property is locat~:d adjacent to land zoned R-$ and land zoned RUT (rural urban transition) in Ada County. i!he applicant is proposing both attached and detached units, which Staff believes will prm~ide the City with a variety of housing types. Sta, fj'finds that the requested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing G~% usable open space located centrally within the subdivision with a gazebo, walkingpaths, and parking areas. • Chapter V1; Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance; connectivity and better traffic flow. One stub street is proposed apt the north boundary which will provide future connectivity for the property to the north whe~i it develops. Portiw Place Subdivision AZ-06-052, PP-Ob-053 PAGE 8 CITY OF MERIDIAN PLANNING I3EPARTMEIVT STAFF REPORT FOR 7'HE • ATE OF IANUARY 23 2007 9. UNIFIED DEVELOPMENT CODE. a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family attached and detached dwellings as principal permitted uses in the R-8 zone. b. Purpose Statement of Zone: 'C'he 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 andl sewer systems is a requirement for all residential districts. Residential districts are distiY~guished by the allowable density of dwelling units per acre and cornesponding housing types that can be accommodated within the density range_ 10. ANALYSES a. Analysis of Facts Leading to Stai~~Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, Staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal de:,cription submitted with the application (prepared on October 2, 2006, by Robert Hinckley, PLS) shows the property as contiguous to the existing corporate boundary of tlu. City of Meridian. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6~11A provides the City the authority to require a property owner to enter into a Development Agreement IDA) with the City that may require some written commitment for all future uses. Staff is not recommending that a DA be entered into at this time. However, the Commission and Council may require a D~~ if they deem it necessary at the public hearing. PRELIIVIIIVARY PLAT ANALYSIS: Based on the policies and goads contained in the Comprehensive Plan and the gen~.eral compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single'family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Regairemcnts of the R 8 zone per UDC Table 11-ZA 5: Ali proposed lots, except for Lot 2, Block 1, meet the dimensional requirements of the R-8 zone for property size & street frontage. Lot 2, Block 1 does not meet the minimwm 40-foot street frontage requirement; Staff has included a condition that the plat be revised to meet this requirement (see Exhibit B). The lots along the east boundary that abut Sheridan Place Subdivision average about 4,415 square feet; the abutting lots in Sheridan Place Subdivision average about 8,543 square feet, with the largest lot being 15,420 square feet at the southwest corner. All of the proposed lots along the east boundary will be for attached dwellings. All lots shall meet the minimum setback 8c maximum building height requirements stated in U1=~C Table 11-2A-5 and #6h above. NOTE: Alternative Compliance is requested for a reduction in the street landscape buffer width along E. McMillan Road, an Entryway Corridor, from 35 feet to 25 feet for the portion on the south side of the existing house. See Alternative Compliance below for analysis. Landscaping; Two landscape plans were submitted for this project, Sheet Ll.l labeled "No McMillan Access" acid Sheet L1.2 labeled "McMillan Access". Sheet L1.2 is not approved. The landscape plan prepared by Jensen Belts Associates, on 10-06-06, Sheet L1.2 "No McMillan Aeee~:s," is approved with the following modifications/notes: Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 9 CITY OF MERIDIAN PLANNIIVG~ARTMENT STAFF REPORT FOR THfi I~ARJNG DATE OF JANUARY 23, 2007 • Widen the rrleMillan Road landscape buffer from 19 feet to 25 feet in front of the existing house (as mentioned in the narrative letter). Construct the McMillan Road landscape buffer in accordance with the UDC requirements, as amended with the Alternative Compliance request. Provide landscaping (shrubs and trees) in the area where the driveway was proposed to remain. • Per UDC lll-3G-3A, set aside at least 6% (0.31 of an acre) of the site for useable opei- space, as proposed. • Per UDC ll'.-3B-10, the applicant shall work with the City Arborist, Ehny Huff, on de.iigtung, adopting, and implementing a protection and mitigation plan for the ~:xisting trees on site. ~ A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted tv the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Note: A frfoot .wide strip of landscaping is shown along the west side of N. Beethoven Avera~e,• ACFID's report states that the west side should have a 3 ;foot wide gravel shor~lder and barrow ditch adjacent to the property line within 40 feet of right-of-way (see AChID report, Site Specific Condition ofApproval #S). Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.31 acres (6%) of landscaped usable open .pace, meeting the 5% minimum required by UDC 11-3G-3A-1. A 13,520 square foot connmon area is proposed within the center of the development with a gazebo, pathway, an~9 parking areas located at each end of the common area. Maintenance of all con~~mon areas shall be the responsibility of the Portico Place Subdivision Homeowners Association. Staff is supportive of the proposed open space and landscaping shown on thi; landscape plan with the conditions of approval listed in Exhibit B. Alternative Complianei:: Alternative Compliance is requested for a reduction to the required buffer width along McMillan Road from 35 feet to 25 feet along the south side of the existing home. Du~~ to the current location of the home, the buffer width would go right up to the existing sb!ucture. In return for the reduced width, 42 additional shrubs and 3 additional trees beyond the required amount will be planted along the entire length of the McMillan Road land.~cape buffer. Staff is sapportive of the request for Alternative Compliance apd the aplillCSnt's proposal to provide additional landscaping. Common Drives: Lots 7••10, Block 2 and hots 13-1 S, Block 1 shall be accessed by common drives and the owners of said lots shall be responsible for the maintenance thereof. Staffrecommends approval of the common drives shown on the plat and has included conditions of approval for said common drives in Exhibit B. All common drives shall meet the requiremends of UDC 11-6G3D. Access: Access to the subdivision is proposed from E. McMillan Road via N. Beethoven Avenue. No on-street parking is allowed on N. Beethoven Avenue, as it is a reduced street section. On-street parking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue, which connect to Beethoven Avenue. No parking signs shall be installed accordingly. Access to tl'ne existing house is proposed to remain temporarily from E. McMillan Road until the. current resident no longer lives there. An additional access is also proposed to N. Beethoven Avenue for the existing house. Staff is not supportive of Portico Place Subdivision AZ-06-052, PP-06-053 PAGE IO • CITY OF MERIDIAN PLANNING DEPAItTMBNT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 the request to retain the. existing access to McMillan Road for Lot 17, Block 1 because the Comprehensive Plan (iiiimiits access to arterials), the Police Department, attd ACRD are not supportive of additional access points onto arterial roadways other than those required for subdivision access (see Section #8 above and Exhibit B). Also, an additional access point for the exiisting home would be located approximately 45 feet from the access point for the pn~~posed subdivision (N. Beethoven Avenue). If approved, this would potentially create a safety hazard for traffic exiting/entering either of the access poiYrts at the same time. Elevations: The applicalit has submitted several examples of single-story typical elevations for the attached and detached units proposed in this subdivision. Staff recommends approval of'the proposed elevations; however, Staff is concerned about the layout and access of they attached snit proposed on Lot 7, Block Z. This lot is required to take access from the common drive and the other half of the attached unit, Lot 6, will take aaeess from N. Portico Avenue. Staff recommends that the applicant bring, to the (Commission hearing, a site plan showing the footprint of the homes on Lots 6 and 7 send elevations of the homes that show how these homes will took from the street.. the anolicant provided a s to clan at the Commission meetine slowing how Lot 7, Block 2 would access the common drive (the driveway curves atiahfly to •ho nnm...na ,drive\..... nle..eldww........... -.......lA-.1 -- a~.~ e__~._n._a _r a Pressure L~rlgadoa: Tice City of Meridian requires that pressurized irrigation systems be supplied by a year-ro!und 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-pe~int 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 undergro~rnd, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28 Stub Streets: The applicant should be required to provide a public stub street to the property to the north (Parcel #50529336100) as proposed on the plat. A temporary turn- around is not required as the length of the stub does not exceed 150 feet in length. E$isting Residence: The site currently contains an existing residence located on Lot 17, Block 1 that is proposed to remain. The existing home meets the setback requirements of the requested zone. The ,applicant has stated to Staff that the existing house will remain on the site after the current resident no longer resides there. Direct lot access for the existing residence to E.11TcMillan Road is not supported by Staff, the Police Department, and ACRD. Access should be taken internally from N. Beethoven Avenue. Fencing: Six-foot tall solid perimeter fencing is shown on the landscape plan at the west, east, and south boundari~ss. The existing fencing is proposed to remain along the north boundary, which consist:o of barb wire with a small section of 6-foot tall cedar fence. However, Staff is reque:tting that the applicant provide fencing to match the rest of the fencing proposed on! the site where the barb wire fence curre~ly e~sts as UDC 11-3A-7A3 does not allow barb wire fencing In the R-S zone: The applicant should submit a detailed fencini~ plan with the ]final plat application for the subdivision. All perimeter fencing must b~~ installed prior tv issuance of building permits. Fencing should taper down to a 3 foot m~utimum within 20 feet of all rights-0f--way. All fencing shall be installed in accordance wiith UDC 11-3A-7. Portico Place Subdivision AZ-06-052, PP-06-053 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMICNT STAFF REPORT FOR THE I~ARWG DATE OF JANUARY 23, 2007 Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of nat~ual waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. A 1. EXHIBITS A, Drawings 1. Preliminary Plat (Dated: October 3, 2006) 3. Landscape Plan -- SheE:t L1.2 (Dated: October 6, 2006) - No McMillan Access 4. Elev ti ns (Annrovetl at the March 6.2007 City oun it mep+dnul 5. Drivewav_ac eA~ to N,Beethoven Av nue for L.ot 17 Block B. Conditions of Approval 1. Planning Department 2. Public Works Departmient 3. Fire Department 4. Police Department 5. Pazks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Power Company C. Legal Description & Exhibit Mfap D. Required Findings from Unified Development Code Portico Place Subdivision A2r06-052, PP-06-053 PAGE 12 b. Staff Recommendation: Based on the above analysis, staff 5nds that applications AZ-06- 052 and PP-06-053 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications, and the request for Alternative Compliance, subject to the wnditions listed in Eachhibit B. The Meridian CITY OF MERIDIAN PLANNING~ARTIVfENT STAFF REPORT FOR THE HEA RING DATE OF JANUARY 23, 2007 A. Drawings 1. Preliminary Plat ~- --. ~;.~ ~ . ~R° ~=~-- 0 ~~ ~ ~ a , ~~ ~ , ~~~ ~', .e:m.. a . b ~ ;, := k e~1 ~~J~'~ ~~ ~ X61 -~Mi'l,u A.P .~~• ~~ (( 1 ! ~ .~ I r~~ ~~! 5 ~ .~:~ i , +~r ••i •l m°1""°°0 ~°~'°° ~~i~'' ~ +oa~mh`~i 'ate .~~. ,.. ~~ ~~ ii~~~~ :rl~sr~ ~ario~js~f ~~I1~iiA ~ e ~~ f ~~~~~I.,ffl~~err~~ lrr:r:4~~~~S~~~i~lrar~~~~s~l,~~!~~ i ~ _ ~ ~~, ~ ~ _ ~~~-i~i~ii~f~~ ~ ~. ~: P .. :, , '~ ~~ ~ ~:.~P•~:. i,.;:, ~~.. ~ ~ ~. ~1lf~i~ 'ili tip ;~ ~~,__ = .,. ~=_ . ~ ~ i ~; -- ~:~~_ ~ ®,.. ; ~ - _ ;~~ ; ,~ ~ ~~ ,til A ,~~r Exhibit A CITY' OF MERIDIAN PLANNiNG•ARTMiENT STAFF REPORT FOR THE HEARIN• ATE OF JANUARY 23, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMI?NT STAFF REPORT FOR THE HEARiN~DATE OF 1ANUARY 23, 2007 3. Landscape Plan - Sheet L1.2 (No McMillan Access) p~ ~' lit. ~ a ~ •>- u ~: ~~ ~ ~ n al ~~ .~ ~~ ~~. I ,~ Z~ kilt ~~ •~ ~~~ .•°t `• ~ F` ~I ~ •:~I ~' ~' I~( :: ctt3.~ ~s tifia MY~1. --• ,~ u' ~I ~ ~ ~ ~-.. ifs ~ ~h•.~ ~~ ~ ~~ =~'. ~. 6 t ; P F ~~ i~ i~~~ ~~ ~~ - $ ~ ~ die*~E~~ r 1' If kV,yi ! CJD3 ~ U 2` ~ ~~ ~ t ~y E6 a : I. • I V '~ ~< - - . i% -~ .t• ~'' ,~I ~ ~' 7 ~'.~ DIY ~- ~- ~t • ,, rr. I i . ~B _ . Exhibit A CITY OF MERIDIAN PLANNING ~ARTMI~i'T STAFF REPORT FOR THE HEARING DATE OF ]ANUARY 23, 2007 ' d~+-~R~+~~(A~~roved at he ~~~ °.~o a~~,e ~ ~ a~a m~ ~ '~ m ~~ 8 Wm .a as .. m ~ "~'d~ '~ e - e mo°~ a a e a a a a 4 me ~ Exhibit A CITY OF MERIDIAN PLANNING~ARTM:6NT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23 2007 SCALE: 1 "=40' PORTICO PLACE SUBDIVISION Driveway Plan Lot 17, Block 1 03/19/2007 E. MGdILLAN RD Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23 2002 B. ~ Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION coMMErrrs 1..1..1 The annexation legal description submitted with the application (prepared on October 2, 2006, by Robert Hinckley, PLS) shows tt~e property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.Z. Prior to the annexation ordin~uace approval. a Development Agreement (DA) shall be entered into betwcen the City of Meridian. property owner(s) (at the tmrme of annexation ordinance adoption). and the developer. The applicant shall contact the City Attorney, Bill Nary. at 888-4433 to ipitiate this process.. The DA shall incorporate the t'ollowine: S~ l~i[~1L~ Tf _ _ J • The e~sting .direct. access tai E. McMillan Road from the existing`house shall be terminated and access to thie house shall be taken internally from N Beethoven Avenue• direct lot access to E. McMillan Road is prohibited. • The driveway on .ot 17_ Blci l shall be desired with a rn aro .nd so that ~•ehiclp 1.2 SITE SPECIFIC REQL:nREMENT;;-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P1, prepared by The Land Group, dated October 3, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-052) and any future development agreement shall also be considered conditions of tk~e Preliminary Plat (PP-06-053). 1.2.2 The landscape plan prepared by Jensen Belts Associates on October 6, 2006, and labeled Sheet L1.Z is approved with the following modifications/notes: • Per UDC 11-3G-3A, set. aside at least 6% (0.31 of an acre) of the site for useable open space, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEAR • ATE OF JANUARY 23, 2007 • Per UDC l 1-3B-1U, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • The applicant's requE,st for Alternative Compliance slang McMillan Road and the existing house is appitiwed. Widen the street buffer along McMillan Road on the south side of the existing house from 19 feet to ~3 ~Q feet ' and provide landscaping (shrubs and trees) in the area where the driveway was proposed to remain. • Except for adjacent t~~ the existing house, provide a 35-foot wide landscape buffer along McMillan Road. k3Qad in return for the reduced buffer wid h annroved t rou 1 ern•tivn • A 3-foot wide. PCavel • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan AU standards of installation should apply as listed in UDC 11-3B-14. Note: A 6-foot wide strip of landscaping is shown along the west side of N Beethoven Avenue; ACHD's report slates that the west side should have a 3 foot wide gravel shoulder and barrow ditch adjacent to the property line within 40 feet of right-of-way (see ACFID report, Site Specifre CondiKon ofApproval #S). Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shalll be Consistent with the preliminary plan with modifications as proposed by Staff. The procee,ling modifications and dotes should be shown on a revised landscape plan submitted with the final plat application(s). 1,.2.3 No on-street parking is allowed on N. Beethoven Avenue; install signage accordingly. On- streetparking is only allowed on one side of N. Portico Avenue and N. Chopin Avenue; install signage accordingly. 1..2.4 The existing direct access to E. McMillan Road from the existing house shall be terminated and access to the house shall be taken internally from N. Beethoven Avenue. 1.2.5 Remove the graphic depiction of'the existing driveway to the existing house and associated notes from the plat. Place a note on the' face of the final plat prohibiting direct lot access to McMillan Road. 1.2.6 The address for the existing house may need to be changed from E. McMillan Road to N. Beethoven Avenue (contact Trici~a Biernen, 898-5500 for more information). 1.2.7 Widen the common lot (Lot 16,131oek 1) along McMillan Road on the south side of the existing house from 19 feet tom ~Q feet eta by the City ~gyp~j ,The ~~main_der of the er that iR not adiacent_tn.the e~stin~ house Rh~ll be 35 feet in width. Exhibit B CITI' OF MERIDIAN PLANNING D~,PARTMIENT STAFF REPORT FOR THE HEARING DATE OF JANU,A,RY 23, 2007 1.2.8 All existing buildings on the site that do not meet setbacks shall be removed prior to signature on the final plat. 1..2.9 An 11-foot wide ACID sidewalk easement is required to be placed on the plat for the sidewalk along E. McMillan Road. 1.2.10 Trash pick-up for the existing hquse on Lot 17, Block 1 shall be located on N. Beethoven Avenue. 1.2.11 Lot 2, Block 1 does not meet the minimum 40-foot wide street frontage requirement for the R-8 zone; revise plat to meet this requirement. 1.2.12 Fencing installed on the perimeter boundary of Lot 2, Block 1 shall be restricted to 4-foot tall closed vision fencing or 6-foot tzill open vision fencing to provide visibility to the common area (Lot 1, Block 1) on the north and. east sides of the property. 1.2.13 Permanent perimeter fencing shall be installed along the north boundary of the subdivision in the section where the barb wire fenciiag currently exists to match the rest of the fencing proposed on the site at the perimeter boundan~ (6-foot tall solid). 1.2.14 Perimeter fencing must be installed along the boundary of the subdivision prior to issuance of building permits to prevent debris from blowing onto adjacent properties during construction. Fencing should taper down to a ?~ foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance Writh UDC 11-3A-7. 1.2.15 Maintenance of all common arias shall be the responsibility of the Portico Place SnbdfVision Homeowners Asso~eiation. 1.2.16 Include a note on the final plait that Lots 7, 8, 9, and 10, Block 3 and Lots 13,14, and 15, Block 1 shall take access from the proposed common drives and owners of said lots shall maintain the common drive. T)he common drive easement should also be shown graphically on the plat. Widen the common drive easement sbowa for Lots 7, 8, 9, and 10, Block 2, to the edge of Lot 10 to meet thy: requirement of UDC 11-6C-3D for access to the common drive. All common drives shall: meet the requirements of UDC 11-6C-3D. UDC 11-6C-3D7 requires setbacks, and orientation of the lots and structures to be shown on the plat; building setbacks shall be measured from. the edge of the common driveway easement or property lines, whichever is more restrictive. Single-family dwellings shall have a two~at garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. 1.2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need. to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval, If lateral users association approval can not be obtained, alternate pla~rs will be reviewed and approved by the City Engineer. 1.3 GENERAL REQLTIItEMENTS- PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-:1A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilise any existing surface or well water for the primary source. If a surface nor well source is not available, a single point connection to the Exhibit B CITY OF MERIDIAN PLANNING~ARTNfENT STAFF REPORTFOR THE HF.A ~ ATE OF JANUARY 23, 2007 culinary water system shall be r~~uired. 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, pressuri~.ed irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in G~mpliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 'The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter p;dor to issuance of a building permit. All fences shall taper down to 3 feet maximum within 2d~ feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.b Any tree over 4" in caliper thz~t 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 ~aot be considered as replacement trees for those trees that have to be mitigated. 1..3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for co~liance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6B-7. 2. PIIJBLTC WORKS DEPARTMENT 2. l Satritary sewer service to this de~~relopment is being proposed via extension of a sewer main in E. Roaring Creek Street to the north. There is no direct right-0f--way connection to this parcel therefore the applicant is proposing extension through a common lot, between a sand and grease trap and infiltration trench StaB'has some concerns of the practicality of excavation so close to the stone drainage facilities. During plan review the applicant shall coordinate with the Public Works Depamuent and acceptable routing of this sewer. This may include, but not be limited to, an extra manhole, recvnfiguratio;n of the infiltration trench, removal/replacement/relocation ofthe sand and grease trap, or placing the sewer maim in a sleeve which conforms to the City of Meridian's Standard Specificatiens. 2.2 The applicant shall install sewer ;mains to and through thus subdivision; applicant shall coordinate main size and routing with the P~iblic'Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is throe feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of ~~ity of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being; proposed via extension of mains in E. McMillan Road. The applicant shall be responsible to iu~stall water mains to and through this development, coordinate main size and routing with Public; Works. 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9~-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shill be approved by Council prior to plat signature. 2.5 The applicant shall provide a 20-;foot easement for all public water/sewer mains outside of public Exhibit B C1TY OF MERIDIAN PLANNING ~ART'M'ENT STAFF REPORT' FOR THE HEARIlJ~ ATE OF JANUARY 23, 2007 right of way (include all water services and hydrants). 2.6 The applicant's application indicates the required pressurized irrigation system in this development is to be owned and maintained by Settlers Irrigation District. It is staff s understanding that the p.i. pump station they are proposing to connect to is owned and maintained by the Sheridan Place HOA. Prii~r to construction plan approval, the applicant shall submit documentation from the Sheridan Place HOA approving connection to this system. 2.7 'The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is tc~ be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. if it is to be owned and maintaintxl 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 thatt pressurized irrigation systems be supplied by a year-round source of water (LJDC 11-3A-6). The applicant should be required to use any existing surface water for the prir~pary 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 ofi assessments for the common areas prior to signature on the final plat by the City Engineer. 2.9 With the final plat, the applicant ,shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines not sparmed by an attached unit. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Any existing domestic wells ancU'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. 2.1.3 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 img~tion/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 ,associaton approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 A drainage plan designed by a Suite of Idaho licensed architect or engineer is required and shall be submitted to the City Enginea~ (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be dESigned in accordance with Department of Environmental. Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to developmc~-t plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.15 Street signs 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 Exhibit B CITY OF MERIDIAN PLANNING~PARTMiENT STAFF REPORT FOR THE HEARII~IG DgTE OF IANUARY 23, 2007 Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, vi+ater, etc., prior to signature on the final plat. 2.17 All development improvements, including but not limited to sewer, fencing, miicro paths, pressurized irrigation and landscaiping shall be installed and approved prior to obtaining certificates of occupancy. 2.18 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.20 Applicant shall be responsible fo~~~ application and compliance with and NPDES Permitting that maybe required by the Environmiental protection Agency. 2.21 Applicant shall be responsible fo~~ application and compliance with any Section 404 Permitting that may be required by the Arm}~ Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes aze located on or near sidewalk th.e applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.23 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered bacldYll, where footing would sit atop fill material. 2.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest establishixk peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least l -foot above. 2.25 One hundred watt, high-pressure :odium streetlights, on 25' pole shall be required on all public residential streets. Two-hundt~ed ;md fifty watt high pressure sodium street$ghts, on 30' pole shall be required on subdivision e~~uranees 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 ,3treet intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 No on-street parking shall be allowixl on N. Beethoven Avenue. 3.2 On~treet parking shall be allowed udy on one side of N. Portico Avenue & N. Chopin Avenue. 3.3 One and two family dwellings wi!Il require a E;re-flow of 1,000 gallons per minute availabke for duration of 2 hours to service the e~uire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.4 Acceptance of the water supply fear fire protection will be by the Meridian Fire Department and water quality by the Meridian Watis• Department for bacteria testing. 3.5 Final Approval of the fire hydrant ]:ocations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'h" outlet face the main street or parking lot aisle. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMfENT STAFF REPORT FOR THE • G DATE OF JANUARY 23, 3007 b. The Fire hydrant shall n+ot face a street which does not have addresses on it. c. Fire hydrant markers shell be provided per Public Works specifications. d. Fire Hydrants shall be pliaced on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be price 18" above finish grade. g. Fire hydrants shall be pn~vided 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 felt of the project. 3.4 All common driveways shall be :straight or have a fuming radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and be capable of supporting 75,000 pounds. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required befome combustible construction is brought on site. 3.6 Building setbacks shall be per the; International Building Code for one and two story constriction. 3.7 'The proposed 261ot subdivision with an estimated 2.9 residents per household would have a total estimated population of 75.4 r~esidt~ts at build out. 3.8 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern ,prior to the public hearing. 3.9 Where a portion of the facility gar 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 atutomatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3..1.2 the distance;requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in aCCOrdanCe with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has concerns with Lots 15 of Block 1 and Lot 8 of Block 2, as they create residences that will be isolated from their surrounding neighbors. 4.2 Any interior fencing on Lot 2, Block 1 shall allow visibility from the street or shall not exceed four feet in height if solid fencing pis used. 4.3 Existing house should take access ;from inside subdivision. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (LJDC 11-3B-10) will b~~ 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-1-0) will be followed. ~. SANITARY SERVICE COMPANY 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the ExhibitB CITY OF MERIDIAN PI.ANNING~ARTDi1r1VT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 sidewalk The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGH WAY DISTRICT 7.1. SITE SPECIFIC CONDITIONS 7.1.1 Construct E. Whitehawk Street ass a 36-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks witb~in 50-feet ofnight-0f--way. 7..1.2 Construct North Chopin Avenue (the stubbing section) as a 29-foot street section with rolled curb, gutter, and 5-foot attached concrete sidewalks within 42-feet ofright-of--way; and obtain fire department approval for the reduced street section. 7.1.3 Construct N. Chopin Avenue (the primary internal section, abutting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the east side, within 42-feet of right-of-way; ar~d obtain fire department approval for the xeduced street section. 7.1.4 Construct N. Portico Avenue (alnrtting Lot 1 of Block 3) as a 29-foot street section with rolled curb and gutter, and a 5-foot attached concrete sidewalk on the west side, within 42-feet of right- of+way, and obtain fire department approval for the reduced street section. 7.1..5 Construct N. Beethoven Avenue <~s a half street section with 26-feet of pavement, xolled curb, gutter, and 5-foot attached concrete sidewalk on the east side and 3-foot gravel shoulder and barrow ditch on the west side (adjacent to the property line), ~~ 40-feet ofright-of--way, in compliance with District policy. 7.1.6 Dedicate either 38-feet or 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a wan arty deed (48-feet if the sidewalk is to be located within the right- of-way). Sta„~'has spoken with the applicant after the issuance of the original report. It has been determined at this time that aright-of-way dedication of 37 feet from centerline would be acceptable for McMillan Road du~a to site constraints. If the applicant chooses to dedicate 37 feet of right-of-way, the sidewalk easement should be increased to 11 feet. The right-of-way pum)~Se and sale agreement and deed must be completed and signed by the applicant prior to scheduling the ftnal plat for signature by the ~~CHp Commission or prior to issuance of a boil " ding permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after recei~~t of all requested material. The owner will be paid the faix market value of the right-of--way d~~icated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.1.7 Construct a 5-foot concrete sidewalk no closer than 41-feet from the centerline of McMillan Road to match improvements to the east +(Sheridan Place Subdivision). If the sidewalk is located outside of the right-of--way, the applicant should provide a sidewalk easement. 7.1.8 Any existing driveway access to McMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal streets, to be noted on the final plat. All lot access within this subdivision should belocated aminimum of SO-feet from the intersection of any two public streets (measured near edge to near edge). 7.1.9 Construct the stub street to the north, N. Chopin Avenue, approximately 105-feet west of the east property line as a 29-foot street section with rolled curb, gutter, and a 5-foot attached concrete sidewalk within 42-feet of right-of-~~vay. This street should be signed as follows: `~S STREET WILL BE EXTENDED IN THE FUTURE.,' Exhibit $ CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE H ~ ATE OF JANUARY 2 3, 2007 7.1.10 Construct pedestrian pathways (in lieu of sidewalk) across Lot 1 of Block 3, and stripe all intersections of walking paths as cross walks (from the end of path to the adj scent public sidewalk). 7.1.11 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any 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 cwrb, gutter and sidewalk sad arty that maybe damaged during the consauction 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 les:c than five years old are not allowed unless approved in writing by the District. Contact the Distri~ot's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unl~;ss speci5cally 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 aze required prior to building construction is accordance with Ordinance #200, also known ;~s 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 L>IGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within AC:HD right-of--way. The applicant shall contact ACfID Traffic Operations 387-6190 in the event any ACRD conduits (spare or Shed) aze compromised during any phase of construction. 7.2.12 No change in the terms and coaditi~~~ns of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirnoation of any ~:hange 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 appliGtnt 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 soug)it. Exhibit B CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN• TB OF JANUARY 23, 2007 8. CENTRAL DISTRICT HEAx.TH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for i central sewage and central water. 8.2 Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare. ~.3 Run-ofI' is not to create a mosquito breeding problem. 9. IDAHO POWER COMPANY 91 Idaho Power, upon receipt of a formal request, may possibly need to upgrade existing infrastructure in order to provide a:lectrical services to this development. 9.2 There is an existing 138 kV line su Idaho Power requests a 25 foot setback from the center of the line be a no building zone. 9.3 The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. Exhibit B CITY OF MERIpIAN PLANNMa~PARTMiEiVT STAFF REPORT FOR THE DATE OF JANU ARY 23, 2007 C_ Legal Description & Exhibit Map ~~ li f~ ~3r Sri.~n~trcyas.-'~N!~CwxostrmeeaRramrc EXHIBITA Rezl~ and Annexation Descdpfdan for Pottico~ LLC Joh Ho: 04087 ~O12/ZOOt2 land In the SYV1/4 of its SW I/4 of Seglon Ze. T4N, R1 E, 6.M.,.C,i~r of tlAetldlerl, Ada County, Idaho, etesertbad as t0lbrNts: COi1MENC1e1G at the Soutttrttsttaniar o1 said 8 W 1k (Sotrth>A~eUt oomar df'Sedion 28), by s ~ae~a cap as Pe- eorne- perpehleilpn record, t+le!!. N0.081'17257: South Lgte.t.f~satd Set:von 29. Soutt- 89°1226' East, 4195.80~feaf to IRa f!OWT . thartoe NtMtll 02'1241' East. ES4;45 teeY + ~ 8outh 89°20'4x" ~ ;199.1®teer; m a totted 5/6 4tGh.ta6st wiCr a 'P1.8 4491' and tieing an anpki poi'+tton the , PfeStic:cap~rnarii®d Plat thereof, in 13aott ~ ®hr °t 6lieddaA Peace 6ubdMisaor4 es pe'ir the 02, -Page 106813, Ada Counly. Idaho wet FlepandE~ thenw arorrg said Subdhrlafon twtutdaq, South DZ°iG63' NVeet, 885,29 faetto a found 5l6dnch II~arMllth a plesba Cep harked •Pt.~ 4437"Ofl ttte 50311)1 Llrleof sadd SedtOn 28, SBtd [®Dar matktng the wse! Polnta ~n-d-tA' on the Platof said 8llarlderl Pk'aw s,o,~ Na~satd soutR sectloia t.lna, nw1tf189~tx29~ Weal, 398.55 tl~ to the Pony of Cerkainbg 6-17 etmetl,Or 286,29a egUSn9 teQ, nrore a leas, er10 stdtf act to a1ry ea>+erneltte or f1~1b~pR*ray of record or tAl19111Aae erdel6g: E~'R~~2i6.~L-~- ~CT 19 ?,006 ~~ ~~~a~ ~ 3za~,uos; r,>a~,~ ray ~scsieeenbta 1204 6m. Streal Nato Mamlm,IAghod36a7 OEiae:(2G6)953-o30s Fyts(208)463-4391 ww~..'r?rEtncFwn Exhibit C CITY OF MERIDIAN PLANNING~gRTIy,[~ STAFF REPORT FOR THE }~AR~DATE OF JANUARY 23, 2007 N ^r d7 r,I ~~ ~~.~~~ ~~~ M ~~ ~ FFFiii `~~ O ~Zfl ~~~ ~~ .I ~~ i ~i [ ~h i~ I~ ~. ~~ iM I ~. ~~ :w ~+~• ~ .l' ~~ Q~ ' ~~ O ~~ a+w'a~~ i f~XcXls5'99J(yp~y~gpd. ,ie'aa F~ ~~ I! r--- .; i ~~ i Ei !: I ~' rl a i• I Is: ,~. ~._.~~., r 1• ~ ;~; 1 1 4~ ~,. 1. I '~ ~,I 1 I J ~~~ .i .~~-. Exlubl[ C 4 ~~ i CITY OF MERIDIAN PLANNING~pARTMENT STAFF REPORT FOR THE NE • ATE OF JANUA RY 23, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public heari»g, revfew the application. In order to grant an annexation and/or rezone, the Council shall] make the following Endings: 1. The map amendment complies with the applicable provisions of the connprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The City Council finds that the proposed .zoning map amendment complies with the applicable provisions of the Comprehensive Phan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. S. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that single-family residential dwellings are allowed within the requested zoning district: of R-8 as Principal Permitted Uses. The accompanying plat demonstrates the development will provide for a range of housing opportunities with the proposed attached and detached dwellings. 3. The map amendment s)biall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed .zoning amendment will not be detrimental to the public health, safety, ~or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of 8erviee8 by any polldcal subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (IJDC 11-5B-3.E). The City Council finds that all essential services aril] be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing U~ develop the land in general compliance with the City's Comprehensive Plan, and this is a logical expansion of the City limits. Tn accordance with the findings listed above, The City Council finds that Annexation and Zoning of this property to R-8 would b~; in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminar!v plat, combined preliminary and final plat, or short plat, the decision-making body shaD make the following Ending®: 1. The plat is in conformani~e with the Comprehensive Plan; The City Council Ends that the proposed plat is in substantial compliance with the adopted Comprehensive l?tan. The City Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of Exhibit D CITY OF MERIDIAN PLANNING~PARTMIENT STAFF REPORT FOR TIC G DATE OF JANUARY 23, 2007 the Comprehensive Plan, Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport. x, Pnblic services are a~railable or can be made available and are adequate to accommodate the proposed development; The City Council fords that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital irnprovemient program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement fund's. 4. There is public flnan~eial capability of supporting services for the proposed development; Staff recommends the GDmmIS510II and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Sta$ is not aware of any health, safety, or environmental problems associated with the development of this subdiivision that should be brought to the Council or Commission's attention. ACl3D considt;rs 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 o f which staff is unaware. 6. The development presences signiScant natural, scenic or historic features. The City Council is una,waze of any natural, scenic, or historic features on this site. Therefore, The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recomrnends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a ~oatural or scenic feature(s) of major importance of which staff is unaware. Exhibit D ~ • • Mny 11, 2007 RZ 06-012 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Darren Blaser ITEM NO. 5-H REQUEST Development Agreement -- Request for a Rezone of 1.69 acres from R-4 to C-C zones for Cherry Linder Rezone -- 1440, 1516, and 1528 West Cherry Lan 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 atMched Development Agreement CITY PARKS DEPT: 1 ~ MERIDIAN SCHOOL DISTRICT: v''" 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: Emailed: i~ C" ~ Date: D "7 Phone: 7l 3~~(p 1 Sta ni ials: T~ Materials presented of public meetings shall become property of the City of Meridian. s, "~: CIIY OF ftl~ ~,~' " ~_~~/l ~Y1G~IG~"yl.~' " -- IDr~HO; i~ ti, SINCE ~ 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane suite 202 884-5533/fax 888-6854 Poii ce ]:401 E. Watertower Lane &88-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 ' 898-5500 / .fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3.401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 .,.~ _. t,;~ ~.~Ill,;;l:i~ ' ~ Li, n- -. "I •~ • April 10, 2007 Bill Cafarelli 2309 W. Mountain View Ste. 162 Boise, Idaho 83706 Re: Development Agreement -Cherry Linder Rezone RZ 06-012 Dear Mr. Cafarelli, Enclosed please find the original Development Agreement for the Cherry Linder Rezone Project, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call my office at 208-888-4433, if you have any questions. Sincerely, Sharon Smith Sr. Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE 6c UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • ADA COUNTY RECORDER~IVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 05J21101 O . AM DEPUTY YcldAllen ~~~ ~~~~~~~~~~~~~~~~~I~~~~~~'~~~'~~ I~~~~ RECORDED-REQUEST OF 1~70T199$ Ciry of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Darren Blaser, Owner/Developer THI5 DEVELOP ENT GREEMENT (this Agreement), is made and entered into this~'"day of 2007, by and between City of Meridian, a municipal corporation of the State f Idaho, ereafter called CITY, and Darren Blaser, whose address is 6732 West State Street, Garden City, Idaho 83714, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C-C, Community Business District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 1 OF 11 • • 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, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings requirethe Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 06-U12) CHERRYlLINDER REZONE 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 OWNER/DEVELOPER: means and refers to Darren Blaser, whose address is 6732 W. State Street, Garden City, Idaho 83714, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(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 re-zoned C-C (Community Business District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Ageement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Retail uses in the proposed C-C zone on 1.69 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 06-012 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 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 (RZ 06-012) CHERRY/LINDER REZONE PAGE 3 OF 11 • • 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses in said zone shall be subject to CUP approval. 5. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction on the subject site. 6. The applicant shall be allowed to construct only one driveway access to Cherry Lane, at a location to be approved by the Ada county Highway District (ACRD). No other public street access to Cherry Lane or Linder Road will be permitted to this site. 7. The applicant shall construct, at minimum, a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape buffers shall be placed on the subject property exclusive ofanyright-of--way that may be required by the Ada county Highway District (ACHD). 8. The applicant shall submit a recorded copy of a cross access agreement that grants two cross access driveways (one to the north and one the east) to parcel number 51201336305. A copy of the recorded cross access agreement shall be submitted with the Certificate of Zoning Compliance (CZC) application for this property. 9. The applicant shall complete all required improvements prier to obtaining a Certificate of Occupancy for the proposed development. 10. Any future building on this site shall be generally consistent with the elevations submitted by the applicant, drawn by Thomas R. Ensley & Associates, dated 10/11/2006, with the following additions: • All exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materiahs. • At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture and materials. • The east and west building elevations shall contain architectural elements and windows similar to the front facade. • All Bound level and roof top mechanical equipment shall be screened DEVELOPMENT AGREEMENT (RZ U6-o 12) CHERRYlL1NDER REZONE PAGE 4 OF 11 • • from view. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer 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 Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 5 OF 11 • 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection 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 Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Develaper shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 6 OF 11 L~ civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Darren Blaser 6732 W. State Street Gazden City, ID 83714 DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 7 OF 11 • 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be ganted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF TI3E ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or DEVELOPMENT AGREEMENT (RZ Ob-012) CHERRY/LINDER REZONE PAGE 8 O)r' 11 • their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 9 OF 11 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER Darren Blaser CITY OF MERIDIAN BY: MAYOR T de WEERD ATTEST: : ,,,, , : ~ : ; ; :, ~ ~; -~~~, ~~ A~/. .\ n ~ ~, ri F ,~ J ~ \ C7 WILLIAM G. BERG, JR. T CL~ ~ ;' 1 ~ S-/,S-o7' DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY/LINDER REZONE PAGE 10 OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this ~~z ~ day of ~ ~ 2007, before me, the undersigned, a Notary Public in and for said State, ersonally appeared DARKEN BLASER, 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. .• W N •, P H , (SEAL) `•.••~.~. ~.r''.....•• E~ ,.~~ •~e' pT A R Y~: Notary P is fo Idaho ~' ~ ~ ••~ _ ~ Residin at: ~ S~ = G = ti•~ p tl gv~ ~~ o ••' My Commission Expires: ~• w ~~ ~0~ ~. .,~,,..~~q T~ .OF,9P•~•• STATE OF IDAHO ) . ss County of Ada ) on this ~ rJ~ day of ~ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd an William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the daY and year in this certificate first above written. •~•" ''• (SEAL' ~ ~ Notary Public,~or Idaho ;~ ,' ; Residing at: ~ 1, l h • (. Q~ '., : Commission expires: -G - I L-1 1 .~~.,~,Z4• .~a ~;~ of :9;' .... DEVELOPMENT AGREEMENT (RZ 06-012) CHERRY2INDER REZONE PAGE 11 OF 11 • A. Legal Description MASKS LA~D•~ '~~~` u Colleen Marks, L.S. 7045 • 6405 Ustick Road ~ Boise, Idaho 83704 Phone: (208) 378.7703 • Fax: (Z08) 378-7759 • Email: surveyt~maNcslandsurveying.com REZONE DESCRIPTION A parcel of land Tying in the SW1/4 SW1/4 of Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the SW Comer of said Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, Idaho and the centerline intersection of North Linder Road and West Cherry Lane, said point being the REAL POINT OF BEGINNING; thence N:00°27'20°W. 155.00 feet along the westerly boundary of said Section 1 and the said centerline of North Linder Road to a point; thence N.89°42'08"E. 475.00 feet to a point; thence S.00°27'20°E. 155.00 feet to ~a point lying along the said southerly boundary of Section 1 and the said centerline of West Cherry Lane; thence S:89°42'08"W. 475.00 test along the said southerly boundary of Section ~ and the said centerline of West Cherry Lane to the point Of beginning, containing 1.ti9 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. v. /VTJ OPAL RE 976 OF ~ eY ~~~~~C~~I~~I~~B~~B~~N~~ ~ Mp,R101AS Ot:Pt~G {NOP.K BLASER PROPERTY pESCRIPTION:doo Page 1 of 1 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER • ~aYV :,p 'S ~°l'7G1~1C~'11 ,~ io.u~o ~~~~ ~ In the Matter of a request to rezone 1.69 acres from R-4 (Medium Low Density Residential) to C-C (Community Business District), for a new retail building, by Daren Blaser. Case No(s). RZ-06-012 For the City Council Hearing Date of: February 13, 2007(Findings on the February 27, 2007 City 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 1.975," 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 DBCJSION & ORDER CASE NO(S). RZ-06-012 • 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 and the Conditions of Approval in the attached Staff Report for the hearing date of February l3, 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 site specific and standazd conditions of approval are as shown in the attached Staff Report for the hearing date of February 13, 2007 incorporated by reference. D. 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. 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). RZ-OG-012 • O By action of the City Council at its regular meeting held on the 2 ~~ day of 2007. COUNCIL MEMBER DAVID ZAR.EMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_~~~ VOTED_~~~'Gw VOTED ~~''~ VOTED~~ ~r VOTED •~``' ~ 0~ '~•, .~ ~ ., Attest: `.~`~~ C)' ~~~ 'L Ti°0 William G. Berg, Jr., Ci le ~ ,,. '~ ~p Gsr ys~ . .~ `~~ P ~~ Copy served upon Applicant, The Planiuf(g~Depa~m~nt, Public Works Department and City Attorney. By: ~~ ~~ l u%~1 1L~~'l. Dated: _. Z~ ~Z~'to 7 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06.012 • o CITY OF MERJATAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 STAFF REPORT Hearing Date: 2/13/2007 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner 884-5533 SUBJECT: Cherry-Linder Rezone • RZ-06-012 rats ~r "~a 1~'7~i~rt ~~ i { ~ ID.1F1G Y.x ~ Rezone of 1.69 acres from R-4 (Medium Love Density Residential) to GC (Community Busi.uess District) 1. SUNIINARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Darren Blaser, has applied for a Rezone (RZ) of 1.69 acres from R-4 (Medium Low Density Residential) to C-C (Community Business District). The Applicant intends to construct retail uses on this site that are not allowed within the R-4 zone, thus the request for a rezone. The subject property is located at the northeast corner of Cherry Lane and Linder Road in Section 1, Township 3 North, Range 1 West, H.M. The subject property is composed of three parcels currently referenced as Assessor's Parcel Numbers S1201336250, 51201336270 and 51301336280. The site currently contains three exiting homes and associated outbuildings that will be reloeated/removed to accommodate the proposed multi-tenant retail building. This property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. The applicant has submitted a conceptual site plan and elevations for this site. The applicant is proposing to make site improvements (landscaping, street buffers, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. 2. SUMMARY RECOMMENDATION Staff recommends approval of RZ-06-012, as presented in the staff report for the hearing date of February 13, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Plannins and Zonine Commission heard this item. on Jan}lg~ 4.2007. At the n41~1i~ herring thev moved to recommend approval. a. Sammarv of Commission Public Hearin i. In favQXti Bill Ca~grelli ii. In opposition: None ill. Commendne: None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. K v Issues of Discussion by Commission: i. None e. Key Commission Changes to Staff Recommendation: i. None d. Outstandln~ Issue(s) for Citv Council: i. None Chary-Linder Rezone - RZ-06-012 PAGE 1 ~ o GITY OF MERIDIAN PLANNING DEPARTMENT STAFF RPPORTFOR THE HEARING DATE OF FEBRUARY 1.3, 2007 ~ S mmarv of City Co inc l Pnh n~• ,._..~,He~a. 1. ii. onnosition: Noe - iii. CemmentiLnQt Cree Shuts iv. Written tesNmnnv N.,..p v. Staff nrecen 'nQ ann ication: C. Caleb Hood vl. ther staff e n On annli stion• en And rson ~ Kev Issues of Discussion by Cou~c~ 1. L~~•411tRDd design as shown he con n gal ]~ il. Irrigation ditch that runes. slonQ the north tirenerty Line iii. Relationchin to the church o rtv o the north and pa s. ey a ~n '1 _han es to .e_mmigcinn R~rn~~ i. 'dnot anorove the content n~lan that way sLb~ttgd 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- Ob-012 as presented in the staff report for the hearing date of February 13, 2007, with the following modifications: (Add any proposed modifications.) Denfal After considering all staff, applicant and public testimony, I move to deny File Number RZ-06- 012 as presented during the hearing on February 13, 2007, for the following reasons: (State specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony,. I move to continue File Number RZ- 06-U12 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1440, 1516, and 1528 West Cherry Lane Section 1, T3N, R1W b. Owner /Applicant: Darren Blaser 6732 W State Street Garden City, ID 83714 c. Representative: Bill Cafarelli d. Present Zoning: R~ e. Present Comprehensive Plan Designation: Commercial Applicant's Statement/Justification: Darren and Kim Blaser are requesting a change of zoning for 1516, 1528 and 1440 W. Cherry Lane. We are requesting to change from residential to commercial in order to build a first class Cherry-Linder Rezone- RZ-06-012 PAGE 2 • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 building to accommodate our expanding business. 3. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 18m, 2006 and 7anuary 1'~, 2007 (Planning Commission); January 22od,.2007 aad February, 5~° 2007 (Gifu Counc~ill c. Radius notices mailed to properties within 300 feet on: December 8~', 2006 (Planning Commission); January 19 .2007 ~City~Coungil) d. Ap~licant posted notice on site by: December 26'x, 2006 (Planning Commission); February 3 , 2007 (City Council) 6. LAND USE a. Existing Land Use(s): Single family residerrtial b. Description of Character of Surrounding Area: Commercial and Office Uses c. Adjacent Land Use and Zoning 1. North: Christ Lutheran Church, zoned L-O 2. East: Christ Lutheran Church, zoned L-O 3. South: Cherry Lane and Commercial Development, zoned C-N 4. West: Linder Road and Cherry Crossing Commercial Development, zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer in both Cherry and Linder. Location of water: There is currently water in both Cherry and Linder. Issues or concerns: This property is currently serviceable and capacity exists for this site. 2. Vegetation: There are various existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 1..69 acres f. Summary of Proposed Streets and/or Access: As shown on the concept plan, the applicant is proposing to have one direct access to Cherry Lane; no access to Linder Road is proposed. Any existing access points to Cherry Lane or Linder Road should be abandoned with the first Certificate of Zoning Compliance application on this property. A maximum of one public street access should be allowed into this property Cherry-Linder Rezone - RZ-06-012 PAGE 3 • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF FEBRUARY 13, 2002 (as allowed/approved by ACFID). 7. COMMENTS MEETING On December 1 S, 2006, Planning Staff held an agency wmments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and reeorrunended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial." The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones maybe created to focus commercial activities unique to their locations, These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-C, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Chapter VII, Goal T, Objective B, Action 5 - "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." The subject property has frontage on both Linder Road and Cherry Lane, which are both arterial roadways. This proposed commercial development will. complement adjacent commercial uses and be located in an area that is accessible by residential development in the near vicinity. • Chapter VII, Goal 1V, Objective D, Action 5 - "Require appropriate landscape and buffers along transportation corridors..." At the time of submittal for a Certificate of Zoning Compliance, Staff will require the applicant to provide landscaping per the UDC standards including, but not limited to, the required landscape buffers along Linder Road and Cherry Lane and landscaping within the parAzng area. • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." As proposed in the applicant's concept plan and restricted by ACI-ID, only one access point will be allowed into this property. This one access point will serve the entire development. The three existing access points that serve the homes on this site will be consolidated into one. Staff is supportive of this access consolidation. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-C zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-C zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail Cherry-Lwder Rezone - RZ-06-012 PAGE 4 r~ CITY OF MERIDIAN PLANNING b$PARTMENT STAFF REPORT FOR THE HEARING DttTE OP FEBRUARY 13, 2007 and service needs of the community in accord with the Meridian Comprehensive Plan. Fow Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONING ANALYSIS: The applicant's request to rezone the property to C-C is generally compatible with the surrounding land uses, as there are extensive commercial developments at the intersection of Linder Road and Cherry Lane. The other three corners of this intersection are zoned C-N (Neighborhood Business District). Staff considered recommending that this corner be zoned C N also, but after careful review three main reasons were identified as to why staff would support C-C on this site. First, unlike the other three corners, this proposed development is not duectly adjacent to residential uses (L-0 to the north and east), which is one of the factors that leads to C-N zoning. Second, there is a significant amount of property zoned C-C to the south east of this property. In other words the C-C zoning designation is not foreign to this area. Third, the proposed development has access to an arterial street, which is one of the location requirements of the C-C zone, as listed in UDC 11-2B-1. Based on the compliance of the proposed development with the Unified Development Code and the general conformance with the policies and goals contained in the Comprehensive Plan, staff believes that rezoning the subject property from R-4 to C-C is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. The legal description for rezoning submitted with the application (prepared on October 6, 2006, by Colleen Marks, PLS) shows the property within the existing corporate boundary of the City of Meridian. Concept Plan: The applicant has submitted a concept plan for this site. Staff is generally supportive of the concept plan submtted with the rezone application with the following comments: Access: There is one proposed access point into this site from Cherry Lane, shown on the concept plan. Staff is supportive of the proposed single access point. No other public street access should be permitted with this development. The specific location of the proposed access should be approved by the Ada County Highway District. Landscaping: As required by UDC 11-2B-3 the applicant should construct, a minimum a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape buffer should be placed on the subject property exclusive of any right-of--way that maybe required by the Ada county Highway District (ACHi7). All parking lot landscaping should comply with UDC 11-3B-8. Cross Access: The concept plan submitted by the applicant shows two cross access points that could be provided to the Christ Lutheran Church parcel, which borders this property to the north and east. Staff is supportive of these two cross access points and recommends that the applicant submit a copy of a recorded cross access agreement that grants cross access to parcel number 51201336305 (Christ Lutheran Church) to the north and east. This agreement should be submitted with the Certificate of Zoning Compliance application for the proposed building. Cherry-Linder Rezone- RZ-06-012 PAGE 5 • o CITY OF MERIDIAN PLANNING DEPARTMENT STAFP REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 Certificate of Zoning Compliance: The purpose. of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to building construction, where all site and landscaping improvements must be installed prior to occupancy. 2. A Development Agreement (DA) will be required as part of rezoning of this property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: • Ail future uses shall not involve uses, activities, processes, materials, equipment and Conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to construction on the subject site. • The applicant shall be allowed to construct only one driveway access to Cherry Lane, at a location to be approved by the Ada county Highway Districx (ACRD). No other public street access to Cherry Lane or Linder Road will be permitted to this site. • The applicant shall construct, at minimum, a 25-foot wide landscape buffer along Cherry Lane and Linder Road. The landscape buffers shall be placed on the subject property exclusive of any right-af--way that may be required by the Ada county Highway District (ACRD). • The applicant shall submit a recorded copy of a cross access agreement that grants two cross access driveways (one to the north and one the east) to parcel number S1201336305. A copy of the recorded cross access agreement shall be submitted with the Certificate of Zoning Compliance (CZC) application for this property. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. • Any future building on this site shall be generally consistent with the elevations submitted by the applicant, drawn by Thomas R. Easley & Associates, dated 10/11/2006, with the following additions: 1. All exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Acceptable materials include, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-np concrete panels, or prefabricated steel panels are probibtted except as accent materials. 2. At least two changes in one or a combination of the following shall be incorporated into the building design; color, texture and materials. Che-ry-Linder Rezone - RZ-06-012 PAGE 6 • o CITY OF MHRIDIAN PLANNING bBPARTMENT STAFF REPORT FOR Tl~ HEARIIJG DATE OF fiE9RUARY 13,.2007 3. The east and west building elevations. shall contain architectural elements and windows similar tv the front fagade. Q. All ground level and roof top mechanical equipment shall be screened from view. b. Staff'Recommendation: Staff recommends approval of the proposed rezone (RZ-06-012), subject to the Development Agreement provisions listed above. The Meridian Plannin and Zani recommend sup}:oval. 11. EXHIBITS A. Drawings 1. Vicinity /Current Zoning Map 2. Conceptual Site Plan 3. Conceptual Building Elevations B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Parks Department 5. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cherry_t,indcr Rc~one - RZ-06-012 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 13, 2007 A Drawings 1. Vicinity / C~urent Zoning Map j Exhibit A PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ] 3, 2007 2. Conceptual Site Plan Q t 4 ri ~~ ~~"~a ~~ ,~~ .;E Nli y~e ~!I gv a ihut~ ~~. { Q . e ~~ 6 ~i M .~ ~~ ~ ,:: ~;,: ~ a ~_ a t; 0 _~ ~i. .o 1~ ~ ~ 0 u m ys 9 ~~~j e !~ ;~ ~s { '_ ~ ~. Exhibit A • • C1TY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT POR THE HEARING DATE OF FEBRUARY 13, 2007 3. Conceptual Building Elevations and Floor Plan ss~el5ossy 8 ~I~a3 Z! seweyr~„ k13Zt/l6 N3adba -~- =eon ~r++oiaas ~rva~a ~N n z~ a~ o; o~ ~l x Exhibit A • CITY OF MERIDIAN PLANNING AEPARTMENT STAFF REPORT FOR TEIE HEARING DATE OF FE131tUAR1' 13, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (stamped on October 6, 2006, by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 See section 10 above for analysis and comments. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fue protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fue hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants.shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d, Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to u~eet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 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. 2.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 2.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 2.7 Maintain a separation of 5' from the building to the dumpster enclosure. 2.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 2.9 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fue 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). Exhibit B CITY OF M6Rll)!AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FE$R[1ARY 13, 2007 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). 2.11 There shall be a fire hydrant within 100' of all fire department connections. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPARTMENT 4.1 The Parks Department has no concerns with the site design as submitted with the application. 5. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are some of the site spechc conditions of approval iltat the District may require when it reviews a future development application (additional site specific requirements may be levied wide a specific redevelopment application). 5.1 Dedicate tight-of--way from the centerline of Cherry lane to tota160-feet from centerline. The right-of--way dedication at the intersection may include additional space for signalization equipment and/or additional turn lanes. The District will purchase the additional right-0f--way to be dedicated from the applicant from available funds. The right~f--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 5.2 Locate a full access curb-return type driveway in alignment with the driveway located to the south of the subject site, approximately 385-feet east of Linder Road (measured near edge to near edge). In the future, the District may restrict this driveway to right-in/out only. 5.3 Dedicate right-of--way from the centerline of Linder Road to tota160-feet. The right-of--way dedication at the intersection may include additional space for aignalization equipment and/or additional turn lanes. The District will purchase the additional right-0f--way to be dedicated from the applicant from available funds. The right-o£ way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building pemut (or other required permits), whichever occurs first. 5.4 Construct a S-foot wide detached concrete sidewalk not closer than 53-feet from the centerline of Linder Road (measured centerline to face of walk). Connect this new sidewalk to the existing sidewalk on Linder Road. S.5 Close all access points to Cherry Lane and Linder Road except the access specifically approved with this application: direct lot access to Cherry Lane and Linder Road is prohibited. S_6 Comply with Standard Conditions of Approval Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'I'S OF FEBRUARY I3, 2007 C. Legal Description M ~KS WND.~ Colleen Marks. L.3.7045 • 13405 Ustick Road• 8olce, Idaho 83704 ~~~ Phone: (208) 378-7703 • Fax: (208) 376.7758 • t'arrtall: survey~marlcslandsurveying.coM Rt,.ZONE DESCRIPTION A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N.. R1W., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the 3W Comer of said Section 1, T.3N., R.1 W., t3oise Meridian, City of Meridian, Ada County Idaho and the centerline Intersection of North Linder Road and West Cherry Lane, said point being the REAL POINT OF BEOINNINO; thence N.00°27'20'W. 155.00 f®et along the westerly boundary ~ said Section 1 and the said centerline of North Linder Road to a point; thence N.89°42'08'E. 475.00 feet to a point thence S.00°27'20°E. 155.00 feat to a point lying along the said southerly boundary of Sedion 1 and the said centerline of West Cherry lane; thence 3.88°42'08"W. 475.00 feet along the said southerly boundary of Section 1 and the said centerline of West Cherry lane to the point of beginning, containing 1.69 acres, more or less. SUBJECT TO AND/OR TOGETHER W17N: Any easements or rights of way of record or in use. RE OVAL ar ~ WORKe DEpT C c~`~ o, ~D~U4~~ 4 ~`0 ~~ ° ~~~ QEN Nl ~~~ ~ S atASER PROPERTY DESCRIPT10N:doe Page 1 of t Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING BATE OF FEBRUARY 13, 2007 (Z ~Z .' Z Q ~6 ~ p 'n ~~ ~ ° ~ ° ~ ~ ~ay~~ ~ w o° z^ a^ L1J ~7a o m ~ c NSC ~ ~ H Q ~~~y~~ W O N • ~ U Q WZ m H U J zm~ cn $ ~ Q~aamn _~ ~YhQn IV ~ m n W <Incy- O q~Do N (.L~ ~CdN pU 1,y~' Q~~NVIO ~' z ~t Vl 'pQ1 1\ ~ ona I ~ N ~ ~ V ~m~ ~ r! 41~41~, h- ~ ~ ~ a d c.l ~" m Q erg I Q Z a U ~~~ 1 o g Q u ~{ `ar I ~- 2 W `~ ~~ „~ I ~bj0g m _~ ~u_ rmx 44 'r'~ o4~W 1 ~ ~ ~ ~, y ~~ v O~~ ~ Cp I ~ dye ~ I 1 ~R i ~ 1 ~~d ~"1- I u I ~' ' o I W s~Q ~ .0o5i1'~AiAL00ll~~i Z 3 I 1 ~, ~ Z ~ 1 f I~ Q ~ ~o~ m dW~ 3J~ rIg ~ ~1 ~I~OW 7i «'~ IAN U W I I M y h... ~: ~ I~ Q~ AO'~LI m ~wauo_ ~ 1 I I 1 I ^I J A I/ I~ ~ +I 1 ~ I.~, U _ m~ ~_ ~~ _ ~ S aka „~+ ,IC'YK1 'MpZ,(iA0'M 1 b}{ ijy' yaj~ ab'02! ~13ON1~ H12~ON ~j 0{ z~ ~ Exhibit C ~ i CITY OF MERIDIAN PI.ANMNG A1dPARTMENT STAFF REPORT FOR THE HEARING PATE OF FEBRUARY 13, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council sball make a fall investigation and sball, at the public hearing, review the application. Iq order to grant an annexation and/or rezone, the Council shall make the followipg findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject property to C-C. The City Council finds that the proposed zoning map amendment is generally compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that commercial are permitted within the requested zoning district of C-C. City Council believes that the existing parcels in the area have already developed in a nature that is harmonious and appropriate to the proposed zone. The City Council also finds that the proposed zoning and future uses on this site can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area, if the applicant enters into a development agreement with the City. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be rezoned as proposed. c. The map amendment shall aot be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The City Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment sball not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. L°xhibit D May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-I REQUEST Approve New Beer & Wine License (2007-08) for Kovit, LTD dba Siam Thai Restaurant at 2951 East Overland Road Ste 125 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See aftached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. • • May 1 1, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. 5-~ REQUEST Approve Public Utilities, Irrigation, and Lot Drainage Easement with Strada Bellissima, LCC fo rthe Strada Bellissima Out-Parcel AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meet(n~s shall become property of the Clty of Meridian. • ADA COUNTY RECORDER J. DAVIQ`ARRO AMOUNT .00 ; BOISE IDAHO 05/24107 01:58 PM DEPUTY Patti Thompson ~~ ~ ~ ~~~ ~~ ~~~~ ~~ ~I~~ ~'~~ ~ ~~'~ ~ ~~ ~~~ I ~~~ RECORDED-REQUEST OF City of Meridian 1 ~~~~~~~~ PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT THIS INDENTURE, made this ~ day of 1~~2~, 2007 between Strada Bellissima, LLC, the parties of the first part, and hereinafter called the Gran ors, d the City of Meridian, Ada County, Idaho, Qwest Communications, Intermountain Gas Company, Idaho Power Company, Cable One, and Nampa Meridian Irrigation District, parties of the second part, and hereinafter called the Grantees; WITNESSETH: WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, future public utilities, irrigation and lot drainage facilities maybe installed within said easement; and WHEREAS, it my be necessary to maintain, and service said public utilities, irrigation and lot drainage facilities from time to time by the Grantees; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantees an easement for the installation, operation, and maintenance of public utilities, irrigation and lot drainage over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of installation and operation of public utilities, irrigation and lot drainage and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantees, with the free right of access to such facilities at any and .all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantees, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installation, making repairs, or performing other maintenance, the applicable Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such installation, repairs and maintenance. However, Grantee(s) shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 0046123.09 EASMT PUDL050707 ~~~~ • • IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STRAD LLISSIMA, LLC® i%`°'~ Richard D. Evans, Member STATE OF IDAHO ) ss County of Ada ) On this ~ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally app red ~~,,® ~~ x~, ~ may, D ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF., I have hereunto set my hand and affixed my official seal the day and year fist above written. e0"° p °°oo e ~®~~~~®®® o0 m ®®® ~ m $0 ~'U~1.~G ~ o 0 0® m 0 ®~~,9 ®®~oa®em®®~ ~~~0~00 °ooaTEeOFo~~a®0°. 0046123.09 EASMT PUDL050707 I~1f~TARY PUBLIC F Residing at ~~ Commission Expires: • • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, M or ~~~~`~`~~ ~ i~ ~'~~,,e o° ~ Q Attest by William G. Ber , C' Clerk _ ~~~ Approved By City Council On: = _~ . -~~ STATE OF IDAHO, ss. County of Ada ) G` On this day of_ , 20~~ before me, the undersigned, a Notary Public in and for said State, rersonally ap ared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .y~•q••. ~ s~Qhs ~~ o ~ ' ®~ A~, s~~~' e ~ a i m ~ • ~ e ~. i~~i~~! s~+$~, ~~s®.o • • ~~ 1 G~1.~1 ~~"YVI~c'1~-~ NOTARY PUBLIC FOR IDAHO Residing at: "1~L(_. j G~c2 c.~C~ Commission Expires:/ ~;, ~ ~= / 0046123.09 EASMT PUDL050707 ~~ • • EXHIBIT "A" PUBLIC UTILITY, DRAINAGE, AND IRRIGATION EASEMENT DESCRIPTION A Public Utility, Drainage and Irrigation easement situated in the SEl/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the southeast corner of said Section 24, from which an aluminum cap monument marking the northeast corner of the SE1/4 of said Section 24 bears N00°39' 10"E a distance of 2660..89 feet, thence along the south line of said SE1/4 N89°20'52"W a distance of 480.13 feet to a point, thence leaving said South line N00°43' 18"E a distance of 170.14 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence N00°43' 18"E a distance of 10.76 feet to a point; Thence along an arc of a curve to the right having a radius of 385.00 feet, an arc length of 119.46 feet, a central angle of 17°46'42", a chord bearing S59°04'37"E a distance of 118.98 feet to a point; Thence S50°11' 16"E a distance of 28.47 feet to a point; Thence S56°12' 13"W a distance of 10.42 feet to a point; Thence N50°11' 16"W a distance of 25.53 feet to a point; Thence along the arc of a curve to the left having a radius of 375.00 feet, an arc length of 112.45 feet, a central angle of 17°10'52", a chord bearing N58°46'42"W a distance of 112.03 feet to the POINT OF BEGINNING. Said Easement Contains 1,430 square feet or 0.03 acres more or less and is subject to all existing easements and or rights-of--way of record or implied. Attached hereto is "EXHIBIT B" and by this reference is made a part hereof. C046123 PUDI LEGAL KNS 02 22 07.doc 1?~~~ 1 / EXHIBIT "B" PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENT SITUATED IN THE SEI/4 OF THE SE1/4 OF SECTION 24 TO~YNSHIP 3 NORTH, RANGE 1 NEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2007 LEGEND - - - SECTION LINE - - - - BOUNDARY LINE LOT LINE - - - ROAD CENTER LINE ROAD RIGHT-OF-WAY EASEMENT LINE - - - - EASEMENT TO BE VACATED ® FOUND ALUMINUM CAP Q FOUND 5/8" REBAR o FOUND 1/2" REBAR ~'y'~pN _ \ _ P.O.B: ~ , \_ ~: o w: ~: ~: o: o: Z: 2 BLOCK 2 ~Yar, , ~~~~ ~~a ,~~:. ~s 'Q'om -~} i`~> ~~ ~ ~',~*' 24 19 ~~pK^ y .~ 1/4 CORNER ~~~~- ~ 3 fAKGEL NU. SIZ744496U0 ~ I .~ N00' 43' 18"E \ 10.76' \ ~ \ \ \ \2 00 0 \ ~ 'gyp c\~\\ \ ~ pp ~ ~ 550'11'16"E O \ ~`~' ~ ~ ~ 28.47' ~ a ' N 50' 1 1 ' 16"W -~. 25.53' p S56'12'b3"W \ 42 C~ VICTORY ROAD N89'20'52"W 480.13' 03-15-07 EN-1 DRAWN BY: 4 I . ~, 0 I~ I N . W IO Of ~o I Z U2 I ~... A I ~ I ~OJ W I d I A I W I I z I x I ~I I I I 24 19 -~~.- 25 30 RGS STRADA BELLJSSIMA OUT-PARCEL Y11VN~trt;Lr; SCALE: N E W P U O I E A S E M ENT Engineers, Inc. 1 "=60' ~358x w. c..au» o,., wu. a. ewa iem.. EVANS CONSTRVCTION MANAGEMENT CO. X3,0 (308) 88)-)360 • May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-K REQUEST Approve Task Order No. 4 with CH2MHill for Continuation of Qualified Professional Engineer Review Services in Lieu of Plans Submittal to IDEQ for Review AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeHnys shall become property of fhe City of Meridian. U ,:~a ;•::,l ~. ~„.., !urr'•~~.. V .. ,/ ....66 Date: May 8, 2007 Tio: Will Berg Tara Green Cc: Keith Watts Fnom: Bruce Freckleton RE Proposed Consent Agenda Item for May 15, 2007. City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the May 15 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 4 with CH2M Hill relative to the continuation of Qualified Professional Engineer (QLPE) review services in lieu of submittal of drawings/specifications to the .Idaho Department of Environmental Quality (IDEA) for review. This agreement is for the continuation of QLPE services for the review of development plans meeting the established QLPE criteria, in lieu of reviews being done through the Idaho Department of Environmental Quality. The services will be provided on a per sheet basis, with a not to exceed amount of $24,000. Recommended Council Action: The Public Works Department recommends that the City Council approve Task Order No. 4 with CH2M Hill for the continuation of QLPE services for a cost not to exceed $24,000, and authorize the Mayor to sign the agreement, and the City Clerk to attest. Thank you for your consideration. Please contact me if you have any questions regarding this item. From the desk of... Bruce A. Freckleton Development Services Manager Meridian Public Works Department 660 E. WatertowerLane, Suite 200 Meridian, Idaho 83642 Internal City Memo 13,ECEd~D MAY 1 ~9 2007 (208)898-5500 Fax: (208)89&5501 • ~ TASK ORDER NO. 4 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachment A for the Scope and Fee for Task 4. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. i dated this ~ ~ day of ,~y , 2007. By: For City of Meridian dated this day of , 2007. By: Tanvny de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved By City Council: • • Attachment A Task Order #4 -Scope of Work Meridian QLPE Reviews SCOPE OF SERVICES CH2M HILL shall provide the services, as described below, related to providing the City of Meridian (City) continuing Qualified Licensed Professional Engineer (QLPE) review services in lieu of submittal of drawings/specifications to the Idaho Department of Environmental Quality (IDEQ) for review. This Task Order/Scope of Work provides for engineering services for review of water and sewer drawings/specifications for compliance with IDEQ rules and City of Meridian requirements. Specifics of the work are noted below. Objective: Provide QLPE reviews of drawings/specifications of developments where the sanitary sewer and water services are extensions of the City's existing water and sanitary sewer system. Activities: Engineering reviews of water, sanitary sewer, storm drainage, and pressure irrigation systems to determine compliance with IDEQ rules and City requirements. Assumptions: The City will review drawings/specifications for compliance with IDEQ rules and City requirements prior to submittal to Cl-I2M HILL for review. C-nly drawings/specifications meeting the City's quality standards for QLPE review will be submitted to CH2M HILL. The City will provide four sets of drawings/specifications for review. Following review, CH2M HILL will return three sets to the City and retain one set for our records. CH2M HILL will not provide reviews of whether the City's sanitary sewer systems have adequate capacity to handle the sewage flows from each development, nor reviews of whether the water system extensions can meet pressure demands. These determinations will be made by the City. wow Products: Three sets of drawings and technical specifications (if applicable) will be stamped and signed by an Idaho licensed professional engineer as conforming to IDEA rules and City requirements. A cover letter will be signed and stamped by an Idaho licensed professional engineer surrunarizing the review, providing any specific review comments, and recommending release of sanitary restrictions, if appropriate. Meetings: CH2M HILL will attend one meeting per year with City staff and IDEQ personnel to review the program and discuss any changes in IDEQ or City rules and requirements. Project Management CH2M HILL's project manager will coordinate review activities of the project team. CH2M HILL will prepare and submit invoices to the City on a monthly basis. TASK ORDER.#4 QLPE REVIEWS-REVISED 427-07.DOC ~ • Project Budget The work described herein will be billed at $250.00 for each sheet of engineering drawings actually reviewed by CH2M HILL. Incidental reviews of cover sheets, standard detail sheets, and standard City notes will not be included in the sheet count and will not be billed to the City. The $250.00 per sheet includes project management, normal expenses, and incidental items (including the yearly meeting with the City and IDEQ noted above) which will not be billed separately to the City. The $250.00 per sheet also includes the cost for any required subsequent reviews of drawings returned to the City as not meeting the IDEA and/or City requirements. The rate of $250.00 per sheet applies to calendar year 2007 only. If the City requests reviews for subsequent years, the per sheet review rate for subsequent years will be negotiated at that time with the City. If any additional engineering services are requested by the City (such as unusual review requirements not normally part of a QLPE review, engineering services not directly related to a particular project, or meetings aside from the yearly meeting with the City and IDEQ) these services will be billed on a time and materials basis at a raw labor multiplier of 3.10, plus direct expenses. If additional services are requested by the City, CH2M HILL will estimate the cost of these services and negotiate a budget for the cost of each service prior to commencement of work. The maximum budget amount under this Task Order shall be $24,000.00. This amount shall not be exceeded without prior authorization by the City. Time of Perfom~ance CH2M HILL will, under normal circumstances, perform the QLPE reviews within five working days of receipt of the drawings/specifications from the City. If unusual circumstances (such as very large developments or situations that require communications with the City or the design professional responsible for the drawings/specifications) preclude the completion of QLPE reviews within five working days, CH2M HILL will contact the City and negotiate a revised date for completion of reviews. TASK ORDER x4 OLPE REVIEWS--REVISED 427-07.DOC • May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-L REQUEST Public works Change Order No. 3 for the Black Cat Lift Station with JC Constructors, Inc. for $5,775.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See cdtached 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 meeHnps shaD become property of fhe City of Mertd(an. City of Mer idi an Publ ic Wor ks D ept. • EbECEIVEID Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 05/40/2007 MAY 1 0 2007 City of ~eri~an City Clerk Office Re: Proposed Agenda Item for May 15, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 15 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 3 for the Black Cat Lift Station Additional work is required for the completion of the Black Cat Lift Station. This final change order consists of the following work, which is 0.22% of the original contract amount for the project. This makes the total changes from Change Order No. 1, 2 and 3 equal to 3.84% of the original contract amount: Addition of sound attenuating on the supply duct work. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $5,775.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 3 for the Black Cat Lift Station with JC Constructors, Inc. for $5,775.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 CHANGE ORDER NO.3 No. 3 DATE OF ISSUANCE EFFECTIVE DATE OWNER Citv of Meridian rntiTQer•rno ir• ~...,~•...,.-,.... ~..,. Contract: Black Cat Lift Station Project: Black Cat Lift Station OWNER's Contract No. N/A ENGINEER ENGINEER's Contract No. N/A You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: Addition of sound attenuating on the supply duct work in response to engineer's RFP 01. Reason for Change Order: To mitigate the noise in the wet well in order to provide a working environment for maintenance personnel: Attachments: (List documents supporting change): Estimate from JC Constructors, Inc. for this request for change. CHANGE IN CONTRACT PRICE: Original Contract Price $ 2,565,000.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 .92,927.28 Contract Price prior to this Change Order: $ 2,657,927.28 Net increase (decrease) of this Change Order: $ 5,775.00 Contract Price with all approved Change Orders: $ 2.663.702.28 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) RECOMMENDED: ACCEPTED: By: ~ By: Clint Dolsby, Staff Engineer Contractor APPROVED: ATTEST: By: By: Tammy de Weerd, Mayor William G. Berg, Jr. City Clerk Date: '$~iJ~J~ pate; Date: Date: Approved by City Council: EJCDC 19'10-&B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. JC Constructors, Inc. 1305 E. Columbia Rd. Meridian, ID 83642 BILL TO City of Meridian Invoice DATE INVOICE # 4/1b/2007 633 P.O. NO. TERMS PROJECT DESCRIPTION QTY RATE AMOUNT HVAC Work -Black Cat Lift Station 5,775.00 5,775.00 Total ss.77s.oo JC Const~ctors 208-895-97E~ P• P __ __... ....,-.. ~~ .+.. ~onseructo~s, Ina. 208-A95-8106 p. l ~~ /~~/ a/£CHAN/CAS C~RACTOR 2975 LANARK ST MERIDIAN, ID 83642919 Phone: (208j 888-1727 Fax: (20B) 885-9699 CONTACT: Billed To: JC CONSTRUCTORS 1305 E. COLUMBIA RO MERIDIAN, ID 83642 BLACKCAT LIFT STATION AOD DUCT SILENCER ANO P'vC FITTINGS PER QUOTE DATED 216107 5~,~ ~~ ~ 9~8 ~u~~ ~ Or Customer: JCCONS Date: 3120J`20fl7 Project: S3391 Invoice No.: 050847 ptENSE REFERENCE tdV01CE t ON N6MRTANCE 5,250.00 -~-~ 1 0 ~ INVOICE TOTAL: T14ANK YOU FOR YOUR BUSINESS Please ncfO~ fo our Invoroe numbw when sending In payments T'ERMS' NEf,10TH FOLLOWING MONTH 55.230,00 • • May 11.2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-M REQUEST Approve Agreement for Independent Contractor Services with Blue Rock Group, Inc. for irrigation Construction at the Old Creamery Site for $24,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMached 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: Materlais presented at public maeHnps shah become propQrty of fhe Clty of Meridian. • • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2nd day of _April , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Blue Rock Group, Inc hereinafter referred to as "CONTRACTOR", whose business address is PO Box 104, Kuna ID 83634 and whose Public Works Contractor License # is 16600-AA-1-2. INTRODUCTION Whereas, the City has a need for services involving _ Irrigation Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a OLD CREAMERY IRRIGATION LINE - page 1 of 11 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal., state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work. provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Time & materials basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, OLD CREAMERY IRRIGATION LINE - page 2 of 11 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term.: 3.1 This agreement sha11 become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: I#, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and OLD CREAMERY IRRIGATION LINE - page 3 of 11 • specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any .payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing. the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. OLD CREAMERY IRRIGATION LINE - page 4 of 11 • • 6. Indemnification and Insurance:. 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. OLD CREAMERY IRRIGATION LINE - page 5 of 11 • • 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Blue Rock Group, Inc. Attn:. Jake Cook PO Box 104 Kuna. ID 83634 Idaho Public Works License #: 16600-AA-1-2 OLD CREAMERY IRRIGATION LINE -- page 6 of 11 • • .Either party may change their address for the purpose of this ,paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words., pictures, sounds or symbols or any combination thereof. OLD CREAMERY fRRIGATION LfNE - page 7 of 11 • 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel., conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports., data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, OLD CREAMERY LRRIGATION LINE - page 8 of 11 • oral of written., whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: .~G1~ AMM EERD, MAYOR Dated: H-~l -d7 ,1~~,~,1 At4est: WILLIAM G. BERG, JR., ~-~"O 7 Approved as to Content .`~~ ~~~ 0~0~4Ttr 1i ''y ~~' ~ _ _ ~'Y L~RK Q"' '_ ® 1~ ~ ti. '/'~I ~1II LFH 11111111+,`` BY: KEIT TTS, PURCHASING AGENT Dated: ~ - ~ O Department Approval BY: N/A NAME: TITLE: Approved as to Form 1A CI Y ATTORNEY Dated: N /A BLUE RO K GROUP, INC. ~~ -.~ , or/ JAKE COOK Dated: ~- Z D `~ Dated: OLD CREAMERY IRRIGATION LINE - page 9 of 11 • Attachment A SCOPE OF WORK ALL WORK MUST BE COMPLETED BY APRIL 15, 2007. U PRVOIDE ALL MATERIALS, TOOLS, EQUIPMENT, LABOR AND SUPERVISION TO CREATE A FULLY OPERATIONAL IRRIGATION LINE EXTENSION IN ACCORDANCE W1TH THE PLANS AND SPECIFICATIONS CREATED BY ELK MOUNTAIN ENGINEERING DATED 2-27-07 AND AS MODIFIED ON SITE BY THE CITY AND THE CONSTRUCTION MANAGER TO PEFORM AS BOTH A TEMPORAY AND PERMANENT BURIED GRAVITY IRRIGATION LINE. WORK IS TO INCLUDE, BUT IS NOT SPECIFLCALLY LIMITED TO CONCRETE FORMING AND PLACING OF IRRIGATION RISER BOXES, CONCRETE MODIFICATIONS TO THE EXISTING RISER BOX ON THE EAST SIDE OF THE PROJECT PROPERTY, PIPING, JOINTS, BEDDING., SLEEVES, EXCAVATION, BACKFILL, COMPACTION AND PRESSURE TESTING OF INSTALLED PIPING TO INSURE GRAVITY FLOW IRRIGATION WATERS TRANSFER TO THE EXISTING MERIDIAN ROAD CROSSING AND RISER BOX ON THE WEST SIDE OF MERI'D1AN ROAD. COORDINATE ALL WORK WITH THE CITYAND CONSTRUCTION MANAGER, LEAVE SITE CLEAN OF EXCESS MATERIALS USED IN THIS OPERATION AND GRADED BACK TO AT LEAST PRE-CONSTRUCTION CONDITION. OLD CREAMERY IRRIGATION LINE - page 10 of 11 Attachment B MILESTONE / PAYMIENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $24,000.00 TASK DESCRIPTION DATE AMOUNT A• MORE 4-2-07 $600.00 B. Lay 600 LF 15" PIPE 4-15-07 $7,800.00 C• Labor 4-15=07 $7,800.00 D• BOXES (4) 4-15-07 $7,800.00 E. ~. G. H. TOTAL $24,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. OLD CREAMERY IRRIGATION LINE - page 11 of 11 • • May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. S-N REQUEST Approve Agreement for Independent Contractor Services with Brown Environmental, Inc. for On-Site Operator Chlorine Training for $1,500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See afFached 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: Emaited: Staff Initials: Materials presented at publk meet(ngs shall become property of the City of Meridian. • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 3`~ day of April, 2Q07, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Brown Environmental, Inc hereinafter referred to as "CONSULTANT", whose business address is _25 Wall. Street, Nampa. Idaho 83651. INTRODUCTION Whereas, the City has a need for services involving On-site Operator Training. -Chlorine; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises., covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference,.togethertyith any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish BOILER PLATE -- page 1 of 6 • • and use such work, or any part thereof, and to authorize others to do so for internal purposes only. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis as provided in Exhibit A "Scope of Services" attached hereto and by reference made a part hereof. 2.2 The City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Independent Contractor: 3.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any BOILER PLATE - page 2 of 6 • • officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the-CITY. 3.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and., except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 4. Indemnification: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses .and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees 5. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Brown .Environmental. Inc. Attn: Patricia Brown 25 Wall Street Nampa, ID 83651 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. BOILER PLATE ~ page 3 of 6 • 6. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 7. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of .race, color, religion, sex, national origin or ancestry, age or disability. 8. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 9. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 10. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days :notice to CITY. 11. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 12. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or . contemporaneous herewith. BOILER PLATE -- page 4 of 6 13. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 14. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDJAN CONSULTANT BY: TAMM EERD, MAYOR Attest: ~~~ WILLIAM G. BERG, J ., ~r~~ 7 ~~~~ ~ . (.Q/ . BY: Brown Environmental., Inc. ~ "'°~TF ~ o "" ~.~:.~ C~ER G~ ~' rr~~r~pry ~ it ~t'i1 R;1tt~`~~ Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: ~/- ~-/~Q"y Approved as to Form CITY ATTORNEY Department Approval BY: ~ _ __ NAME: ,~ ~~ ,~ ~ /.i/ ~`a./ TITLE: ~/,~-,~~ _ _Su o~,e,:~ rrc~v ~,~.r Dated: ~/- ~ =p ~_ BOILER PLATE - page 5 of fi • Attachment A SCOPE OF SERVICES A. The workshop will be held on Friday, April 6, 2007, from 8 am - 2 PM, with an hour for lunch. The instructor is Thomas Tackman. Cost of delivery of the training and materials will not exceed $1,500. This price includes labor, printing, and out-of-pocket expenses. B. The workshop will provide a combination of training in the class room and field training at one well house. Class room training will cover chlorine theory including breakpoint chlorination. Training will cover the oxidation characteristics of chlorine when mixed with tap water containing naturally occurring dissolved manganese. Training at the well house will cover the mechanical operation and maintenance of the chlorine injectors using a 12.5% solution of sodium hypochlorite. The field study will include processing a chlorine residual test. A question and answer session will be included in both the field exercise and the class room session. C. Continuing Education Units (CEU's) may be issued to attendees subject to approval by the Idaho Bureau of Occupational Licenses (IBOL). BOILER PLATE - page fi of 6 ~J May 11, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT • May 15, 2007 ITEM NO. S•O REQUEST Amendment to Professional Service Agreement with Sage Community Resources for Louisiana Pacific Community Development Block Grant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLIC€ 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: Mahrlals presented of pubflc meeHnps aholl become property of the City of Meridian. • Date: May 9, 2007 To: The Honorable Tammy de Weerd Mayor, City of Meridian 33 E Idaho Avenue Meridian, ID 83642 From: Rodney Ashby Regarding: ICDBG-04-t11-26-ED COMMERCE & LABOR C.L. "BUTCH" OTTER, GOVERNOR ROGER B. MADSEN, DIRECTOR ~~~ ~ ~ 200 City Of IVteridiax~ City Clerk ®i~.ce THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ^ Signature: ^ ^ CONTRACT ^ EXECUTED CONTRACT ' (Sign both copies and return to our office.) (Retain document in your project file ) [ ^ CONTRACT AMENDMENT EXECUTED AMENDMENT . (Sign both copies and return to our office.) (Retain document in your project file ) ^ ENVIRONMENTAL RELEASE FINDING OF EXEMPTION . (Retain document in your project file.) (Retain document in your project file ) ^ SUBCONTRACT APPROVALS ADDITIONAL CLASSIFICATION . (Retain document in your project file.) ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP ^ OTHER COMMENTS: Contract amendment. Please sign Rodney Ashby 700 West State Street P O Box 83720 Boise I D 83720-0093 208-334-2650 ext 2115 copies and return to: STATE STREET OFFICE ~ 700 West State Street ~ P.O. Box 83720 ~ Boise, Idaho 83720-0093 ~ Tel: 208-334.2470 • Fax: 208-334-2631 • Web: cl.idaho.gov Equo( Opportunity Employer • CONTRACT AMENDMENT NO. 1 Contract No. ICDBG-04-III-26-ED The ICDBG contract between the Department of Commerce and Labor and the City of Meridian, dated 8/31/04, is hereby amended as follows: Article XV -National Obiective• Delete: The Grantee hereby assures the U.S. Department of Housing and Urban Development (HIJD) and the State of Idaho Department of Commerce and Labor. that, as a result of this grant funding, 39 new jobs will be created in the Grantee's area of jurisdiction by the business(es) assisted and these jobs will be taken by members of Low and Moderate Income families. The Grantee further agrees that if the number of new jobs are not created, or if 51% of the jobs are not taken by members of Low and Moderate Income families, the Grantee will repay to the State of Idaho Deparhnent of Commerce and Labor a portion of/or the entire amount of the grant assistance provided under this contract, if so required by the Department. )(assert: The Grantee hereby assures the U.S. Department of Housing and Urban Development (HLJD) and the State of Idaho Department of Commerce and Labor that, as a result of this grant funding, 30 jobs will be retained in the Grantee's area of jurisdiction by the business(es) assisted and these jobs will be taken by members of Low and Moderate Income families. The Grantee further agrees that if 30 jobs are not retained, or if 51% of the jobs are not taken by or maintained by members of Low and Moderate Income families, the Grantee will repay to the State of Idaho Department of Commerce and Labor a portion of/or the entire amount of the grant assistance provided under this contract, if so required by the Department. The foregoing contract amendment is hereby accepted with the understanding that all other terms and conditions of the contract remain the same. APPROVED: STATE OF IDAHO Department of Commerce and Labor Roger B. Madsen Director Date CITY OF MERIDIAN GL/~~h'~v~C cr! ~~ ~ehJ ~B The Honor le T mmy de Weerd ~:= `\\\`~~~ `~~ ~~;~'!~~~ Mayor /y-- 0 7 Date Q ~p ~; (/ ' ®~ ~~~~; ~.E. ~,; ~ p ~'C • ~` ~~ a:,. ,. ~o .a.a ,~a~ r~ For Internal Use of the Department of Conunerce and Labor Reviewed and Approved ~.a., Dennis Porter Community Development Manager S8 0 Date May 11, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Public Works Department ITEM NO. 6-A-, REQUEST Discussion of Renee Bentley's Request for Waiver of City Services Hook Up Requirements for 2730 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: fNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeiin~s shall become property of the City of Meridian. • • r'; r..i .<r.-.-•. ... ~.~ CITY OF Rrr~1 ~, .,y: ~Yl~l~l? ~ ~ `~I IDAHO i~h, -n+t:~~H~ v:.uxY SINLE 1903 MAYOR Tammy de Weerd CITY COUNCPL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HIZ 703 Main Street 898-5506 (City Attorney) 898-5503 .(HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Sui e 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 May 10, 2007 Renee Bentley 2730 E. Franklin Road Meridian, Idaho 83642 Re: Request for Waiver /Council Discussion Dear Mrs. Bentley, The purpose of this letter is to confirm that we have scheduled you for a May 15, 2007 City Council meeting for discussion of your requested waiver. I have attached the letter sent on this matter. You are one of the first reports on the agenda, and I would expect they will get to your item shortly after 7:00 p.m. Please feel free to contact our office with any questions at 208-888-4433. Sincerely, ~~~~~ r1~~~~~~~ Sharon Smith. Sr. Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 830)42 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4873 MAYOR'S OFFICE -FAX 884-81 ]9 Printed on recycled paper s` w April 30, 2007 Tammy de Weerd, Mayor 33 East Idaho Avenue Meridian, ID 83642 RE: 2730 E. Franklin Road, Meridian, ID 83642 Mayor de Weerd and City Council Members: • j~EC~IVE,~ Mar o 2 tom GITY OF MERIDIAN CITI' CLERK OFFICE This letter is regarding the sewer system and well located at the above-mentioned property. .- The property to the East of my property is using a well and septic and is zoned commercial. I had a meeting with several members of the City of Meridian and was sent to Central District Health regarding this matter. The letter I have from Central District Health states that the septic will handle up to 12 people if v~~e replaced the existing sewer line from the house to the septic . I had this replaced to the tune of $7,500. Anew baffle was also put into place to make it easier to pump the sewer. I have attached a coP3r of this letter and additional attachments for your review. The cost of hooking up to city services to the tune of $7,000 -$8,000 and it is available to several other commercial sites on Franklin Road yet they are allowed to utilize their sewer systems and wells. I am trying to get the Franklin Street property zoned C-2. In applying with Ada County Development Services they aze stating that I have to hook up to Meridian City sewer and water because this property is in the impact azea and the services are now located in front of my property. I am requesting that I do not have to follow Resolution 03-401 that requires connection to city services within the area of impact. I would also like to be put oa the next agenda of the City Council to discuss this further. Thank you, l~ Renee Ben P.O. Box 1342 Meridian, ID 83680 (208)631-5658 tad 0886~~ ONI N01103f Nf NOISI03?!d d60~80 LO 0£ ~d~ • • Oct Z3 2Qt)6 4:26PM ENEP 3279553 . ~._.. __ ^ ._~ .._ P, 1 ' CENTRAL •• DISt'RICT ~ HEALTH . ARTME NT - - - rwa oFtaif • Tor k uva>rt~o~ PL • 8o w 837o4Q825 ~• tree! 31s-SZn • Fax 3z~.s~ 're~a/uietntdlfreAihQpxonaNpamoY~ ids oer ' cpmeacrvBislMsr~lSoahre6,tp~err,,,,;,,c/rsseive.maaPra~++dP-ere~-srona-l~rgo~aanen~armK,rt Documu:nt Ra~eaat No:nber. 17499 ACCESSARY ~TSE AZITHORIZATION Ada County Development Services 200 west Front street Boise, ID 83702 Applicant / Owtrea ................ _..Rcnee M. Bentley PropertyAddress ....................2730 BastFraatc3inRoad, Meridisa Legal Description.....................SW'!a 3E'/. Section 8 Toivnslup 3N Range lE his once tau approve the conversion of an exiittiog three--bedroora dwelling vrith Berge ~~ a light office building witb a wadm>am of ts~elve employees with~the existing sewage disposal sl+~estt currently sized for ttnkaowa bedrooms ndther inspected nor approved. Based upon the plena submitted by the applicant, it appears the proposed addition will impact neither the drainfield.nor septic teak locations. Aealth Dapartaaeat appr~nval subject to th,e owner's acknowledgment of the foIIowi~ statements; Any constrnation, alteration, or exteaasieu of the existing sewage disposal syatam air of a. new system shall not be started >tmtil a valid pernrit for such activity has been obtained B~Ora Ceatas! District Health Department {ea c+equired by the Rules Forladividrlal/S~lbauirfaos Sewage Drsposa! S}rstenrs, May 1993). 2. •Ia the event drat the 8etvsge di~osal sy6Urm fail>~, the owpoa will pausue ia>metiiate sctiem to expediently and properly cou+ect any maifcutcti~ ~ ~ ~ prCvent flue deveiopinrart of the health baxards in accordaaoe with appfioable oodcs. regulaLioas, and o~uaxtceav 3. ]td~er to application for applicanrt eigoatur+e. Eiealth Dapam~ne~nt Approval By- ~ ~~ osbata M. ]K>tiz, R.E~i.S. . 5eniar Environmental Healtb Specialist Date: October 23, 2006 Serving Ya!/ey, L''/inoie, Boise, and Ada Counties Ads /Boise County Oflict ~ Elmere Counly OtRce ~A q, t~atre ~ ~ ~ ~ North Vsper Covnty OIHce . Eruim, liesbr_ 327.7!99 -re4t Plweig: E27.7l00 MwmsN Nose. m 836!1 HNe. Nk,~IN: S07 9225 Toy ~ ,a sL PJQ 80[ 1118 mss; 327.7~SO F ae11~ Neeith: s31.NQ7 ~ S~dl09 M6a8.ID 81638 v!. 69+71 f! Sealer 32t-7K0 MG3227~ FIr: SIAl52t ~ 83M2tT<; ' s.: . ~. - . ^-- ~ .. _. rAx: )27-8b00 ......... ... .._. .. - • ~: - . _ ~ ... ~ti . Z~d 0886868802 ONI N01103fN1 NOISI032id d60~80 LO 0£ ~d' • • •. 1I:u4 tpA ILUtl.YSyJVfq lURr1U~ Unt etGMLIr tnV~ . P~ CIQ~e 2005 9:40f1M k'- LRSERJET 3200 •MmV 15 2Q®5 4: QSFM HP LAS$RJET 32pl3. / pis 1r~t. Ads t~,utrty t3otte tAourltY ilsiaf~ Caonlr rsn4yCow+tr ~ e ~ ~~~~~ ~ ~ rA a :i ~ ~r • ~ o ~ . .es ~ ~ T ~ ~ ~ a e t Td0a1J~K ~ m nr ~ w~ odj 646 ' d8' ~ G G APPLICATIO~1 ~~''~. IpJ VuJ/ uuq p.2 p_Z .~~. Marw su+r.r ~r - 2lpCede MpAaVPe.r ~ad~a a ~ro ' lows sue! eeb sepal Oetedpdorr a oropeny 4f $ ''D . 0 5rac s Y' s !~, R 1 E Lorattot9 O Indde in MA111n tnrpact Zone . Yss No PLOT PI~IN FOR PRQPEaTY PARCELS 1Ndl hettd to vlslbte rlemns7lDla . , ... ~ O Pleose dnw hove, t!+dl, ^epilo ~altlob tlrle la gRee tid•.ara ~Ywt~. ~~~~~ ~Sa O ~ o ro ad wall i on ns ~f • • •norF: Tnt- saute »s a -saroa a btmrans~ ee wri Brea _ _ p y .., ...- - - p s te Tlsa ttouee is cvlrently ooNfpiso .... O AQ /~ DWECTtON9 To PAO PI:RTY W>1ido~berestraised..... ...... ~ O Fiaa beM-dQe 9trttaerR EYl6A. L6eft ~.5.~4 ~ j'~l•>~t N . VY ~ 6 replaeedorleWlred to tlretest 12 months .. .... p Q!i t3 'TI1e ssgisc bystaml9 tuns:tl0eing preoedy .... ...... ... ~ O F~l4s)~iu The sepik syetiettl tray Nset-yumfsed wttlllntAetsetsyeite ...... ....... o ~IQ ~ ~~ ~ s '~~G " acts ~ .Q - ~- K yss, when was ltpumped ' p r _ Ysmrhome was bIIIR 14 t l/ , f Lusby snvwlas tie Asaw auansq m hen aces m !Mf araOefY 16r Mir is d REWIID ~attC"r: lot r+Nidi !acre porn~ae MIh1n m ~xialrire7a andaeAllr/iaterrbssat+ar ebreartorlbaee .~~ Rrlllgd vesniadrf re ldf eN A f M~ d~~ ~ . -~,yd sw o Na:mw e~7Qe a me,eosMt ~ ~ ~ d ee ~ at h d idw lwst ' d l/6 - f li ~ p p t ! u . ~s oam o eto r nr amrserl sna+M a! ~ / MOd4rrarMtruowllremsee. SURVEY RESUL"T5 t. Oureurrsy t~eates the waiter soppy b: • t7 Pubge ~tndtvldue~IW C1COmmunltyNrdl p O@wr . a. Welt u located kel illoars th atgle house IoanQet>a1t. b. The aelloaelrtgi9 ncltee ttbore Q Wow pij ~e O Iloa D In ~It c] burled veil a Weiler sample eollectrali on - - and teitea roc InUesErrnl tsaeDoAa: Reeerttpts Oasts d, Ilttas0iral l~lerts O tysre ware nott>ot-nc 1n0,awaoer saa~pla e. O We! tsebd appears m be a ~ O' Wep head k not eaepsae le. f. t`7ald:aarRpl4 ttisu~s br loateaTj,;~ mgll (EPA Maxhiwm Cortam~r>ale le~rst;NCW 61Crnp~ . 5alrple Dale' . g. Flaid sa+np~ raeults tar RAte,_~ rt~A;t~R Mles>:Ilrett t:onterrlile~Leaet (MCII is 1.0 m~+q . 2 Alrr suNey"lndleatae the ee+soe~e llystern 16: ' t7 Pubtlo ~ PBVam Inid 0 Communt4r O Other a.Sewegernepasal syslenl pe~lrrlt Iss:LeQtDy 1•IoelAts Authoti>y on ~(d end tnepeot /ao~led'o D. S@NfCg9 dTapoatd is H~a tiy~~a°t tram the w+pJl e>1RJ eESparera to Oa tOCaled at tAS ~~P~4~P ottlte house + a Mewl avbsnae at rrrr3isrsctlotl ^ was ~ xras net present when surYered oa /I _ J SY~n •, . C nwrtsor9peptelhoter~rse WOTB:TAleevewydoa+trsaues~teeUa~Ib~radmoltrstu~dl~odatwatKSymm.). Flip etonallde --- onto ~/f~ 3/pf ~~ ~~ 11~~ Oda llJ1~_fdi - ~ ,' : GaF,ID.elt10 0.~¢ £ d 0886868802 ONI N011~3f NI NOISI~321d d60~80 LO 0£ ~d' v April 30, 2007 Tammy de Weerd, Mayor 33 East Idaho Avenue Meridian, ID 83642 RE: 2730 E. Franklin Road, Meridian, ID 83642 Mayor de Weerd and City Council Members: ~~c~TV~~ MAY 0 12007 CITY OF MERIDIAN CITI' CLERK OFFICE This letter is regarding the sewer system and well located at the above-mentioned property. ... The property to the East of my property is using a well and septic and is zoned commercial. I had a meeting «zth several members of the City of Meridian and vvas sent to Central District Health regarding this matter. The letter I have from Central District Health states that the septic will handle up to 12 people if vve replaced the existing sewer line from the house to the septic . I had this replaced to the tune of $7;500. Anew baffle was also put into place to make it easier to pump the sewer, I have attached a copy of this letter and additional attachments for your review. The cost of hooking up to city services to the tune of $7,000 -$8,000 and it is available to several other commercial sites on Franklin Road yet they are allowed to utilize their sewer systems and wells. I am trying to get the Franklin Street property zoned C-2. In applying with Ada County Development Services they are stating that I have to hook up tv Meridian City sewer and water because this property is in the impact area and the services are now located in front of my property. ' I am requesting that I do not have to follow Resolution 03-401 that requires connection to city services within the area of impact. I would also like to be put on the next agenda of the City Council to discuss this further. Thank you, .::__- ~~ - Renee Ben P.O. Box 1342 Meridian, ID 83.680 (208) 631-5658 ~~d 0886868802 ONI N011~3f NI NOISI032~d d60~80 LO 0£ Ddb' • • Oct 23 20Q6 4:26PM E1iEP 3279553 p. 1 ... -~ .._ ' CENTRAL •• DISTRICT "HEALTH . D EPAKTM~ NT ---~-•---- MNN OFf1Cf • 707 N. ARbfSiADNG PL • BOISE. ID 83704-08Z5 • (208) 375.5211 • FAX 327-&500 Zr'.nbalGEisln~ Ke~Rh Dppartbrenl putrnoter tratf7as m vw ct,>mvrtr+~7lislMw~h eafriAkuc p~vXiao o/ois~itetad N+d prtstrwl~anal l/r q~u~61y a war e-wka~tmerrt. " Doct:mtr>< Rdetzal Ntunbtx: ACCESSARY ~TSE A~JTHORIZATION Ada County Development Services 200 Wesi Front Street Boise, ID 83702 Applicant/ Ownea ....................Renee M.13er3tley Property Address .....................2730 EastFrealc]inRoad, Meridian Legal Description....................:SW t/4 SE'/. Sxtion 8 Towr~bip 3I~I Range lE 17499 This oi~ice can approve the conversion of an existing thr~-bedroom dwelling with garage into a light offsce building with ar fms><franm of twelve employees with~the existing sewage disposal system currently sized for unknown bedrooms neither inspected nor approved. Based upon the plena submitted 6y the applicant, it appears the proposed addition will impact neither the df'ainfield nor septic tank ]ocationa. Flealth Dapartinent approval subject to the owner's acknowledgment of the foAowing state cents: 1. Any construction, alteration, or extefzsiaa~ of the existing sewage disposal systtsfn or of a stew system shatl~ not be started until a valid permit for such activity bas been obtained from Central District Health Department (as required by the Rules For Individual/Stebsurjace Seoyage Disposal ~}+sterns, May 1993). 2. In the event that the 8e~vage disposal sysUcfa fails, the owner will pursue immediate action to expediently and proper2y7 coa+ect any malftutctiata so as do prevent the devalopmemt of the health bazards iu accordance with applieahle codes, n~gulationa, and ordinances. 3. Refer to application Far applicant signature. Health Deparantmt Approval By- T ~~ _ oshua M. Kriz, RE.H.S. ` Senior Environmental Health Specialist Date: October 23, 240b Sewing t/a/iey, Elnlaie, Boise, and Ada Couatres Ada !Boise Countty Office ~ Flmare County Office V>tpey Cavnty Office r0~ N. A fti Bone DI tl3704 520 i5 tSth SL_ North 707 q. 1ft SL . 6uiiro, Neattir: 327J499 Mlountaln Noeee. ID t3b47 EcrYO. FIe.iM: 587-9225 PA Bee 1118 lNtf~ ~ 83638 Farely f'la^rtYy: '27.7100 ImouuAarions: 327.7450 Fsmty Heahh: SB7.aa07 . P!. 6"yL71l4 SeNor Itutl~ 32J.14W YAL• 587.4409 FAX: 587-3521 FAX 631dt74; ` - - ~. :: ._ wIG 321-7488 FAX: 327.8500 Z`d 0886868802 ONI N01103f NI NOISIO~~Id d60~80 LO 0£ adb' ••. II:U4 rNA ICutl ~J~3V f4 a 1LMr1U U11't 11tHLIY 1M1.~ . ~ ~ M^~o 20.0'5 9: 40RT1 F LRSERJET 32.00 ' NO<~i/ 15 212D5 ~r QSFM HP LA SERJET 3EOb CElRjttAt Oli1R~CT HEALTH DEPA~TMEN1 ~GaTpPO~ suFCVSy R ~ol~n- Foi; cENrw~t Ada cvurrry Boise CourttY EMnafr Carney YafiayCaanlY rei DISTReGT 76TN.A+nive~WR T.r7rtMna~wlgP1. lQOE~ItSLNOrOt TP3N.1etSPee1 _ HEAL~I ~~~ ifl ~a4.~ ' ~e~., tO e170•.Ge26 Mal~l~~a,,.. ~ L s27-7409 EbE+> 7d. 507-9223 T a_o.ee.+aas e~e > l DCCAiTr6l lel32T•7~ e •~ a T ~ ,a. I BIB Tsrd TIN / MI'. ~aPPLtCAT1~N ~ ~. lQ,~ VLJ~ uuq P- 2 p_2 •It~tla.rd, ldn+, app s MCraye 91roer' plr 21p Code MPS ~Y PA. a ~ ~ ' E' Lam'' ,y~'Q, . ~Q.~~ku ~D ~ ssc ~ o ~ neal.a a ~r~.nr ~ sa'..1 ~ cae~ rsgm ~~ d Propeery ~ S ''D ' ~ SQC S 't' 3 !~+. R ! E ~ o w+wn kerpaet zme ' t o Irtslde: ~ tr, Yes No PLOT PLAN FOR PROPERTY PARCEI.~ Well head is v1s~19 S aoaeealDte _ .... ~• O Please draw house, wen, eeptlc focatlon er-d lol gr+ea vdaa eppYcahis: ~/p~,!~ SS3 O ~ O 19 Ds tcvered k~ rel~nshp to the Melt ' '' OT i 6b ' . TTie well is onfhs P-oPe dY .. , ... _ .. . w M re sep E. T The noose Is ai-~ently occupte0 . _ . O p~ /~ ~ ~ - D~ECTiON9 TO PROPERTY Wdl doh be restrstr+ea ............. Q! 0 Has sewage sysf>9m te~lleA.Leer'1 r>apleeeA or repalrmd in Ute lest 1 • ~ ~ S~rG ~ • w ~ ~ 12motors ......................... q ~ 3 ' Th9 septic system is fartdiooirtg ~"r r proveriy ...... ......... .... ~ O wb~V F,~A•y.+pGtiJ The sepfk sy60ertfhas been ~urrrped wlttllnmsiset3yeats .... . . ....... O ~ ~ glG' ~ 47 Q ~- ~ _ ~4GG~ ~ IT yss, when w8s iiqumpeE e a ~- Yearhome was tulnt 14 L y r heresy suvwlt. Ina AeeRr. eurnrey ro neti eaa4s m ore povery M Gsywve,e m SEla-elo ~oc.lcr: fb~uves ra ret<arc~i over Dsrt~s erryilh on year oT sera o< parapet msWrty a and c~+rA~Aer ,Yflirerbor !a!>trroar'a9 b as qd'l~ Ral4nds .IS ee reads for e+a armuM d fee !eaohled kes RY9 aori Of tlelf des epont on t(ts• h f rl i d lf i o ~ powr ///` ra Q a . Nemefn aolFi me.~eadolMam uMd norBlwd~ beernar`~~ SURVEY RESUL-f5 t. OureUfreylrrdk,8fea1lhawBters~ppyi8: . D Pvblk '~lndlvldualW O Commwrlly NreH Q Olfter a. Well is located feel from dlo ~~ yT ~ aSthe hous+a IoendetiDfl. b.Tlrolvelloasingi9 Inches above Q bebw ~ 9rene ^ {loot O In¢It O Gur6advreil C. Water aampk CWlected on ~ Sod teste01of1fItES61181 Q3Ct8fla. Rssampie date d. Intestlrlal hQderle O war's ware not bond 1n the wader samplo. e. D We! Head apQears~a t~s acceipt B~ , O• Weft hem le not scdeptable. f. Field aarrtplo r+~ults TOr ftrate irgll (EPA Maxlmurn Cantamineie Level {hfCl) Ea tOrnp/l) ~ . 5ad1~181~EIt8: - - 4 ' g. Flaldamrsplti raer,tts for NlRdte mgrl {EPR k1exl:nurn Cvntemineta Le+rel (MCU is f.0 m~ ~ • SarrrplrDals; f! -! ~C3 2.Our auNeylndlcaTes the a ev,~e~ge eystern l6: ' ' D PubUo ~ Prtvats Ind C1 Commur>itY ~ O O'drer a.• sewage dfsgosal system perrntt lssUedby tieall>7 Authority on ~!d and fr~apea! /no~led'on tJ. 5ewege disposal la_ a M~,~ya .~ ~ feet from the w~l and e~peees to be located on lire ~~ otthe house. + a. vlsua! evkenoeaf nEeifexuilern ^ was ~I was nm present when surVared oa f/-l SY~o ~, C ntants or 9peclal Irt9lr:zteone WOTE: ThS luevs!f dosae na buenl.ee aarleru~ess epandon or t,• wrwq-dl,poawl or ware syaEem.) . Ftls ssorolale oaw ~./ ,~ 3 p.t Reoennea ~~i ' - od.LLJ ~~~ .. .. .. .:: ' .: ~i•lo ova! crc ~'d 0886868802 ONI N01103f NI NOISI0~2~d d60~80 LO 0£ Ddb' 3>~ s wA„=a SYsTeM~ • • Page 1 of 1 Will Berg From: Sharon Smith Sent: Thursday, May 03, 2007 4:11 PM To: Will Berg; Bill Nary; Joe Borton; Tammy de Vlleerd Cc: Michelle Albertson; Peggy Gardner; Tara Green Subject: Item for Agenda Meeting Attachments: Bentley, Renee Request for Waiver.PDF We received this item this week for your discussion...... Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 5/8/2007 • .. ~! ~. Apri130, 2007 Tammy de Weerd, Mayor 33 East Idaho Avenue Meridian, ID 83642 RE: 2730 E. Franklin Road, Meridian, ID 83642 Mayor de Weerd and City Council Members: • ~EC~rvE MAY 0 21007 CITY OF MERIDIAN C~TI' CLERK OFFICE This letter is regarding the sewer system and well located at the above-mentioned Pml~r'tY- The property to the East of my property is using a well and septic and is zoned commercial. I had a meeting with several members of the City of Meridian and was sent to Central District Health regarding this matter. The letter I have from Central District Health states that the septic will handle up to I2 people if we replaced the existing sewer line from the house to the septic . I had this replaced to the tune of $7,500. Anew baffle was also put into place to make it easier to pump the sewer. I have attached a copy of this letter and additional attachments for your review. The cost of hooking up to city services to the tune of $7,000 -$8,000 and it is available to several other commercial sites on Franklin Road yet they are allowed to utilize their sewer systems and wells. I am trying to get the Franklin Street property zoned C-2. In applying with Ada County Development Services they are stating that I have to hook up to Meridian City sewer and water because this property is in the impact area and the services are now located in front of my property. I am requesting that I do not have to follow Resolution 03-4OI that requires connection to city services within the area of impact. I would also like to be put oa the next agenda of the City Council to discuss this further. Thank you, C~ Renee Ben P.O. Box 1342 Meridian, ID 83680 (208) 631-5658 t''d 0886868802 ~NI N011~3f NI NOISI~32id d60~80 LO 0£ ~d~ • ®ct 23 2QOEi 4:26PM E1iEP 3279553 P, t ' CENTRAL •• DISTRICT ' ~ HE~ILTH DEPARTMENT - NNNOfP~C~ • ?0'>• h AINlS1tO1~.PL • 6013E. t0 837WO8Z5 • tl0a? 375-52~ ~ • fJN~ 327•S9oo 'ttii0•dL67/ntdl8yAlr ~~pvamo6tr seNlexsm aa-a>+~rvlietdJra~ll mFrc+efrrtOre-ien~o/a6seiue~md aPsa~X +^dP~-'-tilbnd Ilk go~it~ p- OoAI e7rianeep~rL " Doctimaer:t Re~isaat Nwsber; ACCESSORY ~JSE AZJ'THORIZATION Ada County Development Services 200 Weat Front Street Boise, ID $3702 • Applicant/ Ownea ................_..Renee M. Bentley P~vpertyAddress........_.......__.2730 BastFcaalclinRoacl, Meridian Lagat Description .....................SW % 3E'/. Section 8 Township 3AI Range IE 17499 'T'his oi~ce can approve the conversion of an existing threo-bedraora dwelling with garage into a light oB'sce building with u u><16tltn>8m of t>~re ea~ploy-ees vrith•the exiatigg sewage disposal sYsteal currently sized for unloopwn bedrootns neit>iRer inspectod nor approved. Ba4ed upon the plena submitted by the applicant, it appeals the proposed addition wi11 impact neither the drainfieldnor septic tank locations. Health Iaeparnnent approval subject to the owner's acknowledgment of the foIIowing 8tatemeals: Arty conatrnatian, alteration, or extension of the pciatiug sewage disposal systean air of a n+ew system sbaU• not be started until a valid pernsit for such activity has been obtainod B+wn Cerltesl. District Health Departtaent (as eegvired by the Rules For ledividual/S~haurfacs Se+s~age Disposal ~}rste>its, May 1993. 2. •Ia the event that the attr~ dispoaat system fails, the owner will pursue immediate ersia~n to expediently acrd pnope~rly correct any malfcrneti~ ~ ~ ~ pcCvent ffie developmer3t of the hearth hazards is accordauoe vKith app$oable ~a and o~nrulces. 3. Rc>Fer to application for applicant aigoatuc+e. Health 13epacnneat AFprovaJ Hy- _ ~~ .--_ oahua M ilsiz, RE.H.S. Senior Eavirorunental Health Specialist Date: October 23, 2406 Serving YaI/ey, Erinore, Boise, and Ada CounMes IWs 1 Boise county tlflict roe N. MbuvS Pl Elmore Coon CNlce ~' VlDe/ Covnry OINce ease. m a37o. ri~iav. He~lh: 327.7N4 sta !? am st< Nbrth Bbu~N hose. tD E38q 7os N. to St Pte, ea 1l/E Faidy ~: '27.7c00 x:327.7960 Erelo. FleYdc fBi'-9225 ~~~ ~~'~ ttlt[ie. E 8.1636 Pl.63471l~ Sedoc 32f-7K0 il{ii S17~ISIt ptlt Bb1.2tT<; - .._ . NIC 322.788 . .. ,_. _ FlNt ]27.8860 - ' •-- - .. ... ... __. +. - .. ~ r .ai . Z d 0886868802 ONI N011~3fN1 NOISI032id d60~80 LO 0£ ~d' `f • • • ••. ll:ua rn~t iG~tly~a:fufa ~• ~ iunnu one: rsCnLir in~~ . . _ r ~ quo/ uuq Ct0.~8 2005 9: 40RM F LRSERJET 3200 ~~"` 2 PfOV 15, 2DOS 4s 05pM H? t_A SERJET 320D p. f,_ g CEKiRAr DISTRttT HEALTH DEPA~TMENY Ty4oaTOAO~ SuFevt:Y R wctar Foi+ SewnAe_ i~. N+ATEiQ 9YstsMa c eNTRAe ptla taounny sofa. CoutltY iletoer tJOanty YsaoyCountr - _ o 'Ti 1 7atN.MiasrnoPL ~J~ 7i7KIM~aYongA. 1ibEelfl~NaO~ 10011.td8real ~ ~ n 1f• ~"y Bafw.lU ii7o~?A @elso. ro a776~00si Meuudn Han.. 0 a O Boos;sW rtequa . - LTM'T lNf.~ lrL7@'r•7~8e' To69T4r0i 6~/7Td.Si7-~S 1b411IDQli~i Rrrrls Ti0~t,71i~ ; _. _ ~ ~ ~ ~W Qom. . l ~ d4~ ,~ ~ D G .~~ . P' FlC ~[ aOSB APPLICATIOhI ~ j~ •ap~tv.retalt.a. Marv 9YOat' Qlr bpCees ApphOayPi.a aaa~oa a ~rap.ny ' prw sm! • tab ~ Osiedptbn d vanpa.y LJ $ ' U o sac a -t s ~, ~ it E tacstforo Olnside in 11Atltt+trtpact?ane ' Ysi No PLOT PLAN FOR PR~P~TY PARCQ.fj- WalfheEid is vlsmisaaovesalEla . , ... ~ O Plios4 drew haoe.wel, aeprlc toouba Bn0 la arum vdwraeppYwh~ ~/~~ ~~5~ O 1f l8 weil.is on fl~s pop9dy ...... _ .. ~ , 0 ' ''1Ir07f: Ti'Ma siOMb xA bs tmred tri raldlotish~ ev the wi~-. - - T1sa Aouie is cvrrsntly oadiplea .... O pti IJ ~ ~ DWECTtON9 TOPAOPEf~'flf HViNdts~bere+ttM~ed ............. ~ Naa °°wa~. tr~tern sllad.tteert replaeart or tepilrad in Ifr/ Iaat O fV . ' ~ :rs ~",,~ •-r'~- ~„r ~.+.._, 6 12 RtollRhe .......... ... . . ........ D QJi g The aaproc syratamfe aruflotring , prooaryr ..................... .... ~ iV Fie~F.y.PGte~.7 O ~ The sap9e eyattxn Has bron yutTlped . w1t111ntnt+bvt3Yeit6, ..... ....... O If yss, wfien wsi hqumpeQ , /OGCl~l' ~ ~ ~s+ lr9E~G'' Yaer home wea bulR 146 sl ~ hrrltry OYYOr~ Ir0 MaM ' m han a+acras R a+e Qty M Fa- 7C d RERNID t+dLICY: Ae~aar tot rMwd~ rallQalpia. Mlhb.a.o urstar~ ¢ and Ile alrt~ abor h~rmatron b lir: 01 dr` ar t~aai ~4' ,y,~ ttdlr>do .a m naa fo. i+..m,wn d rss :roolwe tur ati oeM er rsit e®~onren the d 01°" ~OR16i ~ mrP.lQetl~satragtwstpirarrrd.lly.omroloolFhno.aa~ln.aTauMd , PeC nanlunlWil Demtea. t. Our eaniy lydtoat+s Uro water soppy b: SURVEY RESULTS . OPubhe ~6~1duslW OComm~nlyWall p0d~ ' a' W~1'te )°~~ hsel ftar- ~~ otth~ehause toendettCfl. b. Thowellaaelrrgi9 notle& tdsare Q tlbwp~graea O hoof ®In~lt o burtedaWl a. WaOw ea,npla a»locfaC on - - and teitsa for Irltastlnal tstu~ods: Rttaarttpls Gate • d; l+'ttes0+tel heelert6 O were were aotfound M the wader aturtpla. -"-"'! e. D Wet naed epipaerbm tae a ~ O WeIJ had le not soeepssble. f: Flead ttalTtpli r~7su~s tOr lorateaTj~ ~ (EPa Max)murn Ctsrttarn~rutte L.er.l{NCL~ fs t~filg/1) -+" . saa+pls Date' - - . g. FlsWasm ' raeults for RAt®__ ~ ~ -,. • ~ . trSA TEPR MaxTrnnro Contrfin~Lelyd (MCLI is 1.0 m~ ~ ~rnps 2 Our suNSylndleaias lAs ee+~oa~s ayatern Is: ' O Fbbtl¢ ~ PAvaes Ind O CommuNb O 01har a. SelriAa dl>~el alreberu ParC+t iaiLodby iioalph 11utbHgron _ ~A _,_,p,~ frepea•,~o~ed v • s• Setirepadiapoaal ~~:~e .- ~ ~t tromtrta w~l ersl tt~peera to balocated oeltne ~ZP.av otthe hours, - a Vlaurl evldenas of mdk;r<dlon O w ~~,~, .ar, ~ xras nal prssrM when dunrsYod oa i/- I C tnrr-isor9pepWhotr~ctioni WarE:t'nastiarryaooinso.e.naeuarolrrw~b~eadmat~.ae~.m:poatflrwatKay~.m.l. EHa ~bnitate .~. ~ . oao ~! ~ 3 O.~ eQ..« 8r.~, ~ ... •.,_~ _~ £ d O138686880Z ONI N011~3f NI NOISI03~d d60~80 LO 0£ ~d' RECEY~TED .MAY e 5 2007 City afMeridian City Clerk Ace TO: BOARD OF ADA COUNTY COMIVIISSIONERS HEARING DATE: January 24, 2001 STAFF: Berrin G. Nejad, Planner II FILE NO.: 00-02-DA (X-ref 00-18-ZC) APPLICANT: Glenda Hildebrandt 2770 East Franklin Road Meridian, ID 83709 SUMMARY This is an application for approval of a development agreement for a zone change from RUT (Rural Urban Transition) to M-1 (Limited Industrial). The property contains 0.86 acre and is located at 2770 East Franklin Road, Meridian, ID; Section 8, T. 3N., R. lE. AGREEMENT DESCRIPTION The applicant is requesting a rezone from RUT (Rural Urban Transition) to M-1 (Limited Industrial) to allow for an accounting office use. Currently, the applicant is the only employee of the service and 2 to 5 people would occupy the structure during normal business hours. APPLICABLE LAW Section 8-7-C of the Ada County Code -DEVELOPMENT AGREEMENTS. This section details the purpose, applicability, process, general regulations, required findings, periodic review, and amendment or termination of final development of the Development Agreements. Municipal services are currently not available to service the site. The development agreement would allow the rezone, on the condition that the only professional office use within the existing structure be allowed until such time as municipal services are available. 00-02-DA Hildebrandt r: Cindy Pond, 3410 W Lamont. She stated that they want to be good neighbors but the PA system is too disruptive to ignore. Rebuttal:.Susan Wiidwood explained a negative easement. She stated that a lack of candor has hampered negotiations with the neighbors. She stated the neighborhood opposition was not presented at the neighborhood meeting. Ms. Fick asked about the chronology of events. Ms. Wildwood stated the applicant received the violation letter in July and submitted the required application in October. Mr. Newton asked if the church services were allowed without a permit. Mr. Cook stated that the intent is the deciding factor. A formal group that meets on a regular basis requires a conditional use permit, but an informal and occasional gathering of friends, such as for a party, would not. The chairman closed the hearing. MR. KEHOE MOVED TO DENY FILE 00-60-CU/00-10-MSP AND TABLE THE ITEM TO JANUARY 11, 2001, TO ALLOW STAFF TIME TO DRAFT FINDINGS OF FACT AND CONCLUSIONS OF LAW TO SUPPORT DENIAL BASED ON UNDUE ADVERSE IMPACT TO SURROUNDING PROPERTIES. SECONDED BY MR. STOREY. MOTION PASSED 6 TO 0. A Development Agreement to allow a rezone of the property located at 2770 E. Franklin Road, Meridian, ID, from RUT (Rural-Urban Transition) to Ml (Light Industrial), under the following conditions until municipal services are available: That the uses for the site are limited to professional offices; and That the uses shall be limited to the existing structure as remodeled and with site improvements as approved through a master site plan. The property contains 0.86 acres and is located in Section 8, T. 3N., R. 1E. Staff Recommendation: Approve Corunission Action: Approve (Bergin Nejad) Staff Report: Bergin Nejad, Planner II. Ms. Nejad explained the application to the Commission. Testimony in support: Glenda Hildebrandt, 631 Bitterroot, Boise application. 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G~3F~'}e !~ r0 ~. ~.~,~da~ ~e~'~'di jai? a~~; i' ;~ ~.~#~. #~s: ~l~t~; ii~~'~p ~.sk+r?~ icr #~e ~e~~ so i~ee ~n ~~.~~ en c~~c~ o~..i cx #-~e ~..a~d3r~c_. ~3''~-': ~!~-~~~~: t~Q i£~C-i~v 3s c(~e ~~9f?Q;. -.`~llo'~ ?~??~ i`;E!~ }~}.?~~ #:3. ~L'I ~ ~el"~id ~'c r~.l~ ~~`?c'i~ c1.!#. Gcf~l' s~ ? -~#~~~s: ~c# ~~cs~r;1~; f~ pi's ~ ;~-er~~iiQ~ ~;se; ~;~tpss #~e~ geed ~ #~.~dc-.'~~ ~er~i#. ~~rd: ~~~~~; ~fi i~~J'i'2 Gr.~ii~G is ~ i r a .. ~. ~~a:c ~.~,~-}~dtna; i~e,~ i~.e~e aoi ie cc~~ ,.~a~ #c ~~~ end a#I #~cse modes. ~sc i#~~~ - ;'~ ~s~..~+-e ##~~'td #~.a~~p #c ~e ~e# a ~rm,ai. Si~tcs: ~ ~c~,~dd ~~~~~~ iii ~? rcc~i~ ~c~efcaJ~~ ~c~~d dui ii~cse ~rAectr~~e~rs c~ i~; _ em, bca ward: ~'~+ ~e i.#~ey ~#~~. ~iaa-es: -- ~~ ;e~ ~i aeasi ~sc~a~si a#. ~cr?'~-e: ~~! Gi~'?e~' d~i-sC;.-4S,S~c~'}? ~'c~.if di :~1~ c'~~ ~c~~ ~'c ~~ln i'c ?~-?!/p c`3 ~F~?cr~}c~t'# c'3f~d 1 ~A/ctd~d ~~Sl~~(X}~ ?~Fa~ !4/cl.~lt3 ~;Ar~f?~F ~c ~d?G(1:('S~P }y,,,,~~, -~ ti :t.~ de:~~per'd: ~v~'. a~i~~!r3r. .~ ~ff~®; ~a4~S, r~,iALllanr.~, ~?~1~/p-~!'{~: -~ -(~?r3~lp Z~t?a' ~p {1irpn~t, -Staff? j rir~ ~ .C~ ~. ~ 2 ism ni v ~2 ~ ,~ ;r?1' al ~'~~ 7n ~:~i~ I!'iC sa" r~m,m,~njS ~r~ i~~ 1~~,r~- -7~.,,.1" '~?~ nZdr fp~Cu'~?!7?rr, r~ ~n~('13~~, ~L~ ihi. ~d~G$ i~~S ?~??~~.~??S a{}r1 i-1'u' 1~.~?~~ iii vru~ ~ iQ ~ QL~t ~~~'~ ~i~ ~dt' ~~AJJi"? r~~1p.~S ~AJ?1~1~ ~r?'lt~i?'~~~ S ~. R-Ef'~: ~J~i0j1~3f~ ?~?{{~r.'~ ~t~ ~~~-{-'~ rUr£?r ' ~ ~7L3azd~nS irk ~{-? ?~~~-x'41!° w r' 2t~1~ annrc~1J21 4Vai~ i~ G(~RC~lr~~1'1-S ~j ~C~~ ~J~ St~r3. ~~. ~~I~-~ ~' lV,x"~z x~~zl.sTx"a~~_ ~~ r"~.~z?~~r a~s~ss~nn? ~~r~n~ .~ ~ v~f~. dir. ~r~. ~~~~-~~'j: ~2~!v2£rrl: 2~lp: ~JN~.v~.r2x 3~i2~S; 2u2; AfaL7S1'~1~; 2112; ~1{'~; 2vcy i MAYOR Robed L}. Carrie c1T~r courtc~, ME?ti~aBRs Ron Ariders~n' KcithBird Thy dcWeerd Cherie MdCanclless ber 11, 2000 • HUB OF TREASURE VALLEY A Gaod Place to Live CITY Off' ME.RI~~N . 33 EAST rnAxo MERIDIAN, tDAZiO 83642 (~a$) 888-4433 • Fex (208) 887-381.3 City Clerk 0lfice Pax (208) 888-4218 Herrin Ncjad, Planner u County llevelopmeiat Services Mann Street .e, D $3?02 LS(iAL DBPARTMgNT (zoR~ 2Ra-zap .Pax zsx-z5n i PUI3LIC; WORKS HU[1„pIIVG DEPARTMENT (208) 887-2211 • Faz Rg7_.12!Y7 r[.Arvr~INa AND ZONING D8PAR7'MPNT (7.OR) R84-S53~S • Fax 888-6854 ~: ; 00-18-ZC - Glenda Hildebrandt ' ]sear Ms. Nejad: T~= PraF~rtY included in the above-referenced applicaticzn lies within the Meridian Urban Service Planning Area and is designated as L.ig1rt Industrial ol¢ the L>;nd Use Map. The Meridian City Council reviewed the ~Plication~t e? meeting of 9~ibi0o aad recommends cor,~sideration of the following conditions: l ;All requirements of the Meridian Mural Fire District teed to be met, with the :P~P~Y brought; into confornlanc;e with the 1997 iJniform Fire Code. 2 ; If Ada County Highway District has not made the request for additional ri ht-of- ? :way to be dedicated, the City of Meridian asks that a minimum right-of--way :dedication of 48 fit from the centerline ofFranklin Road be required prior to • commercial operation at this site. 3? :Expansion of the facility should not occur unless the property is annexed and ~rnunicipal servici;s are provided. 4 :All l~rlcui'g areas and driveways should lie paved. S ~ ~ Landgcap~S shoirid be provided for the development. 6 :Becawe of thr cl~ge in use, the facility alwulCi rneel the re Arr-etieaas with Disabiiit quiremtnts of the Ies 13ct for accessibility. mould be noted that, with the future designation ofLight Industrial, the o meet Meridian City standards upon future annexation. Ta ~ ~' may perEy solely far office use is not particular, use of the permitted in the I-L zone. The setback from future 2-oI way for any slnx;tures is 35 feet. Additionally, the City of Mcridisu will require mr<mum lancl.~eapcd setback of35 fcxt from the ultimate right-of-~vay ctQoa :xation. J ! ~, j Nejad p~~ol~ I I, 20~p 1`" 2. . t i T#tank Cott Sor the oFE~y to comment on this ~, p1ea~ don t hesitate ki contact us, application. I~you have any s~yT CITY 4F MERIDIAN ~~--~' /~ -~r1 i' 3X~les iug Director/Zonhig Adn~i.~trator May 11, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Legal Department ITEM NO. 6-8-1 REQUEST Discussion of Citizens Committee Review of Mayor and City Council Compensation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached 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 Clfy of Meridian. ~. CITY OF ~~J` eri~i~n-~ ~.:: ~~ 1DAW0 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY ATTORNEYI HUMAN RESOURCES OFFICE William L. M. Nary City Attorney/HR Director Theodore W. Baird, Jr. Deputy City Attorney Emily Kane Deputy City Attorney Nancy Powers HR Analyst Audi Clinton Benefits Specialist Marilyn Ridge Office Assistant • MEMORANDUM TO: Mayor and City Council FROM: Bill Nary, City Attorney and Human Resources Director RE: City of Meridian Citizen's Compensation Review Committee DATE: May 15, 2007 Pursuant to Meridian City Code 1-6-SC and 1-7-9C I have asked the following individuals to participate in a citizen's committee to review the Mayor and City Council compensation prior to the general election. If you concur with the selection I just need an approval to go forward. Christine Donnell, former City Councilmember Dr. Tom Hammond, member of the City Historic Preservation Commission Meg Glasgow, Chair of the City Arts Commission Bob Shappee, current Chamber of Commerce President Chris HIein, Edward Jones Investments and Committee melllber in 2005 Cflint Shiftlet, Vice President, Farmer's and Merchant's Bank Rex Warwick, Director of Sales, Blue Cross of Idaho n Page 1 of 1 Sharon Smith From: Bill Nary Sent: Wednesday, May 09, 2007 9:39 AM To: Will Berg; Tara Green; Sharon Smith Cc: Tammy de Weerd; Joe Borton; Ted Baird Subject: Next Council Meeting Can we add a department report from Legal/HR for the Citizen's Compensation Review Committee and an exec session for Labor Negotiations and potential litigation. Bill Nary City Attorney/HR Director City of'Meridian 703 Main Street Meridiv~, ID 83642 208.898.5506 or 208.898503 (office) 208.884.8723 (fax) 5/9/2007 • May 1 1, 2007 FP 07-O1 1 MfRtDIAN CITY COUNCfL MEETING May 15, 2007 APPLICANT Winston H. Moore ITEM NO. $ REQUEST Tabled from May 1, 2007 -- Request for Approval of 14 commercial building lots in a GG zone for CentrePointe Subdivision No. 2 -- northwest corner of Ustick Road and Eagle Road AGENCY CITY CLERK: CITY fNGfNEER: 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 HLGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATIOI~I: IDAHO POWER: US WEST: I'NTERMOUNTAPN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet /Minutes See attached Staff Comments See attached Comments • BEFORE THE MERIDIAN CITY COUNCIL C/C May 15, 2007 IN THE MATTER OF THE APPLICATION OF WINSTON H. MOORE FOR FINAL PLAT APPROVAL OF 14 COMMERCIAL BUILDING LOTS IN A C-G ZONE LOCATED ON THE NORTHWEST CORNER OF USTICK ROAD AND EAGLE ROAD IN THE E %: OF THE SE '/ OF SECTION 32, T. 4N., R. lE. CASE NO. FP-07-011 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 May 15, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 15, 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 CENTREPOINTE SUBDIVISION NO. 2 LOCATED IN THE E % OF THE SE '/ OF SECTION 32, T. 4N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION NO. 2 / (FP-07-011) Page 1 of 4 • • DATE: 02/23/07, SHEET 1 OF 3, QUADRANT CONSULTING, INC.", WINSTON H. MOORS, Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 15, 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 Jonathan Seel, a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their May 15, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storrnwater 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 storrnwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION NO. 2 / (FP-07-011) Page 2 of 4 • • preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Storrnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGIFIT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-.8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION NO. 2 / (FP-07-011) Page 3 of 4 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 ~rJ }~ of ~ ~y , 2007. :~ ATTEST: ~~ ~d :~ WILLIAM G. BERG, ., TY CFE -~ ~c ,~ ,'~~~~~~ / N ~ I r ~ r~ o N~~~~y~\ ~ Copy served upon: /~ Applicant /~ Planning Department ~ Public Works Department /City Attorney By: City Clerk's Office de WEERD Dated: S- 23-01 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION NO. 2 / (FP-07-011) day Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: May 1, 2007 Transmittal Date: Apri126, 2007 Mayor and City Council DEPARTMENTS STAFF REPORT ~,~~ K~ :, p '~ r, ~ilntnF '~ir,Y1~~~ ~ ~~w 1D~HO ,4~ a .- ., ~ Kristy Vigil, Assistant City Planner R ' '~ 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 CentrePointe Subdivision No. 2 Request for Final Plat Approval of CentrePointe Subdivision No. 2 Consisting of 14 Commercial Building Lots and parking area on 18.7 Acres in a C-G Zone by Winston Moore (File# FP-07-011). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, uriless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Winston Moore, has applied for fmal plat approval of 14 commercial building lots and parking area on 18.7 acres of land for CentrePointe Subdivision No. 2. The zoning district for the proposed subdivision is C-G (General Commercial). CentrePointe Subdivision No. 2 is located north of Ustick Road on the west side of Eagle Road in the E 'h of the SE '/ of T. 4N., R. 1 E., Section 32. This property has not been previously platted. The City Council approved the preliminary plat for CentrePointe Subdivision on February 13, 2007. The submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of CentrePointe Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ-03-025), development agreements (Inst. # 1050548793, 106060856, and 106191.305), and preliminary plat (PP-06-063) for this subdivision. 2. Per the approved development agreement and UDC 11-3A-19 all structures along Eagle Road shall be subject to administrative design review and a Design Review application shall be submitted concurrently with the application for Certificate of Zoning Compliance. 3. The Final Plat approval for this subject phase shall expire on 02/13/09, if City Engineer's signature has not been obtained. Exhibit "A" FP-07-011 CentrePointe Subdivision No. 2 FP.doc PAGE 1 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. Prior to the City Engineer's signature of the final plat, provide the City with a copy of a recorded cross-parking /cross-access agreement for the lots within the development to use the proposed driveways and parking areas. Lot 3, Block 1 shall not be required to supply cross-access to adjacent lots. Lots 1 & 2, Block 1 should share driveway access. Prior to signature of the final plat by the City Engineer, a copy of a recorded cross-access /ingress-egress and parking maintenance agreement should be provided to the City. 6. Prior to the City Engineer's signature of the Final Plat, any existing structures shall be removed from the site. 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 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. To be in compliance with the to and through policy, the applicant shall be responsible for the extension of a 10" diameter water main through Lot 3, Block 1. This extension can be installed with the development of Lot 3, Block 1. 9. 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. 10. Revise Certificate of Owner to read South 89 46'53" East 1348.50 feet: thence continuing along said southerly line. 11. Add headings to the curve table. 12. Graphically depict a Pressure Irrigation Easement along 5-feet of each side of the proposed pressurized irrigation mains, which are not covered by the standard easement notes. 13. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the imgable common areas prior to signature on the final plat by the Meridian City Engineer. 14. Revise or add the following note(s) on the face of the plat under Certificate of Owner, prepared by Quadrant Consulting, Inc., stamped on 02/23/07 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Include recorded addendum dated December 8, 2006 recorded as instrument number 106191305. *.) Add a note addressing the maintenance of the landscape buffers adjacent to Eagle Road and N. Centrepoint Way. 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. Exhibit "A" FP-07-011 CentrePointe Subdivision No. 2 FP.doc PAGE 2 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 16. The landscape plan, prepared by The Land Group, Inc., and dated 02/22/07 is approved shall be revised as follows: a.) Depict the required 25-foot landscape buffer and associated landscaping adjacent to the residential uses on the northern boundary of the site. The landscape buffer shall meet the standards set forth in the UDC. b.) Include a detail of the gathering area on the face of the plan (i.e. elevations/picture). c.) The landscape buffer adjacent to N. Centrepoint Way shall be constructed with the subdivision. d.) Add N. Centrepoint Way to the calculations table (i.e. width of buffer, et cetera). e.) Provide three additional trees within the landscape buffer on the east side of N. Centrepoint Way and one additional tree within the landscape buffer on the west side of N. Centrepoint Way. The parking area proposed is approved as submitted with the final plat application. The landscape buffer adjacent to the western boundary shall be installed as part of the CZC process. Also, 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 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 iJDC 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, 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. Exhibit "A" FP-07-011 CentrePointe Subdivision No. 2 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Perntting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. Ali 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 CentrePointe Subdivision No. 2 (FP-07-011) with the above stated comments and conditions. Exhibit "A" FP-07-011 CentrePointe Subdivision No. 2 FP.doc PAGE 4 Message Kristy Vigil Page 1 of 1 From: Jonathan Seel [j.seel@worldnet.att.net] Sent: Friday, May 11, 2007 4:57 PM To: Kristy Vigil; j.seel@att.net Cc: Bill Johnson; Bill Nary; Joe Silva.; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith; Tara Green; Ted Baird; Will Berg Subject: RE: Revised CentrePointe No. 2 FP Kristy The report is fine, we have no requested modifications. Have a great weekend. Jonathan Seel -----Original Message----- Frortt: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Thursday, May 10, 2007 1:52 PM To: j.seel@att.net Cc: Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Srnith; Tara Green.; Ted Baird; Will Berg _ Subject: Revised CentrePointe No. 2 FP Hi Jonathan, Attached is a copy of the final plat staff report for CentrePointe Subdivision No. 2. Please submit a written response to the staff report to me prior to the Council meeting on May 15, 2007. Thank you, Kristy «CentrePointe No.2 FP.doc» 5/15/2007 tan~b~~ .,n., May 11,2007 MFP 07-003 MERIDIAN CITY COUNCIL MEETING MQy 15, 2007 APPLICANT Raftis Capital, Ir1c. ITEM NO. 9 REQUEST Modify Fnal Plat IFP 06-043) from the approved 4 foot vinyl fence to allow a 6 foot vinyl fence with 3 foot step-down 20 feet from right-of-way along Lot 2 8~ Lot 3, Block 1; between Lot 1 & Lot 2, Block 2; and between Lot 2 8~ Lot 3, Block 2; and revise the landscape plan to show existing & mitigated trees on the site for Tapestry Subdvision-675 S. Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atMched Staff Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shill become property otthe City of Meridian. May 11, 2007 FP 07-012 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Red Cliff Development, Inc. ITEM NO. 10 REQUEST Final plat approval for 52 single-family residential building lots, 22 multi-family lots, 7 commercial lots, 2 private road lots, and 7 common lots on 27.36 acres in R-8, R-15, and C-G zones for Bienville Square Subdivision - 2935 North Eagle 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: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mcterials presented at public meetings shall become properly of the Clty of Meridian. Mny 11, 2007 CPA 07-004 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Joint School District No. 2 ITEM NO. 11 REQUEST Public Hearing -- Request for an amendment to the Comp Plan Future Land Use Map to change the land use designation from Industrial to commercial for Jabil E®sf Comprehensive Plcn Amendment-- 1303 E. Central Drive Lot 1, Block. l Jabil Sub AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet /Minutes See attached Recommendations See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 1~ 1, 200.7 RZ 07-005 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Joint School District No. 2 ITEM NO. 12 REQUEST Public Hearing -- Request for a Rezone of 9.21 acres from I-L to C-G zones for Jabil East Property -- 1303 East Central Drive Lot 1, Block 1 of Jabil Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS See attached P>3~Z Item Packet /Minutes See attached Recommendations See attached Comments 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. May 11, 2007 CPA 07-005 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT City of Meridian Planning Department ITEM NO. 13 REQUEST Public Hearing -- Request for an amendment to the Comp Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil West Comprehensive Plan Amendment -- 915 East Central Drive Lot 2 Block 1 Jabil Sub AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atMched PiliZ Item Packet /Minutes See atMched Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. May 11, 2007 CPA 07-001 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Lynn Thomas ITEM NO. 14 REQUEST Public Hearing -- Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrialto Commercial for the Property located at 600 East Franklin Road for Thomas Comprehensive Plan amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P8Z Item Packet / MinvFes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Letter from Lvnn Thomas Contacted: Date: Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shall become property of the City of Nteridion. • May 11, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT POrfICO. LLC • AZ 06-052 May 15, 2007 ITEM NO. ~ 7 REQUEST Ordinance -- Request for Annexation and Zoning of 5.17 acres from RUT to an R-8 zone for Portico Place Subdivision -1780 East McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFF-CE: See atMched ordinance d~,~315 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meelin~s shall become property of fhe Cify of Meridian. ADA COUNTY RECORDER J. U~__~ NAVARRO AMOUNT .00 ; BOISE IDAHO 05/24107 01:58 PM DEPUTY Patii Thompson ~~~ ~~~~~I~~~~'~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF City of Meridian 107074201 CITY OF MERIDIAN ORDINANCE NO. 0 7 ~ l ~l j BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-06-052 PORTICO PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOCATED IN THE SW '/ OF THE SW '/ OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDL~N AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Portico, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) 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-06-052 PORTICO PLACE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Conunission 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 ~~ ~ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~ of 2007. MAYOR A MY de WEERD ANNEXATION OF AZ-06-052 PORTICO PLACE SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, ., CI Y CLERK STATE OF .IDAHO, ) ss. County of Ada ) On this Z-~~day of ~~'l~c.~..1~ , 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) a e • e • • eoo~e~ •Q~t.~~' ~OFt' ••.o. NOTARY PUBLIC FOR IDAHO RESIDING AT: - ;Y12~ (;~jv ~~,;G MY COMMISSION EXPIRES: ~~-/S =/ 1 ANNEXATION OF AZ-06-052 PORTICO PLACE SUBDIVISION Page 3 of 3 c'~ ~~~_ 1~V~L~'~NG '~.e:r°~~4i CIVIL AND STRUCTURAL ENGINEERING AND LA7VD SURVEYING EXHIBITA Rezone and Annexation Description for Portico, LLC Job No. 04097 10/2/2006 Land in the SW1/4 of the SW1/4 of Section 29, T4N, R1 E, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southwest Corner of said SW1/4 (Southwest corner of Section 29), marked by a brass cap as per corner perpetuation record, Inst. No. 98117251; thence, along the South Line of said Section 29, South 89°12'28° East, 485.60 feet to the POINT OF BEGINNING; thence North 02°12'41" East, 664.45 feet; thence South 89°20'43" East, 339.19 feet, to a found 5/8 inch rebar with a plastic cap marked "PLS 4431" and being an angle point on the boundary of Sheridan Place Subdivision, as per the Plat thereof, in Book 92, at Page 10886, Ada County, Idaho Plat Records; thence along said Subdivision boundary, South 02°15'53" West, 665.28 feet to a found 5/8 inch rebar with a plastic cap marked "PLS 4431" on the South Line of said Section 29, said rebar marking the °Real Point of Beginning" on the Plat of said Sheridan Place Subdivision; thence along said South Section Line, North 89°12'28" West, 338.55 feet, to the POINT OF BEGINNING; Containing 5.17 acres or 225,224 square feet, more or less, and subject to any easements or rights-of-way of record or otherwise existing. PL LAND s ~G15 t E,q~~~~~ ~ ~_o I G. H !0-x.06 REVI ~ ov~~ BY ~ WoRKS DEPT.tC P:~Sargent\Portico PlacelDrawingsl.SurveylExhibits-Descriptions~Portico Annex and Rezone.DOC Treasure Val)ey ~ngineerc, inc. Office: (208) 463-030 l 204 6`~. Street Notch Fax: (203) 463-4391 Nampa, Idaho 83G87 1~~+,TVGlnc:com f -~ ~. ~. - _z O~ d z c ~~ g owo ~'~~ ~ e e ~ ¢ w ~~ ~e~ ~ w p ~ F ~°'~ ~k Y z ~~ as ~ d ~ C ~ w U l~l ~ .~ d ~ F CS ~ -_`~Pr~' F- ~ ~ m d ; y G~" d 6 z ~ ~ a ~ ^I 1X~ o w a a ~y - W~FW a °~ ~~ a ~ 6® ~ O wz° ® ~~ ~ F- a, H >Y m U I x~ .F-, ~ I C m c a F O m S ~~ 7 s ~ y5 yz ~~ u 4*+Q .`S tD ~ ~ I Nn ~ 99801 30Yd YB J1009 NORNI98f19 3~Vld eMU193119 I ~ O `~ ______-- ~ (S)(l)(,LZ'S99)(9NI17/IS3?1) 8Z'S99 O °° , (S)(!)(MeSZ,8Z.00N) M -"---------__ ,£S ,Sl .ZO S In? S I ---------------- ---- ------ ---r- ~~ ~ ~a o ~ ~ Ih I~ 12 ,~ I ~'. ~ I I I I I I _rn I I_ 1 v I i of n ~ "~ M h i I I ~ I ~ h I "~ W I W ~ I I ;.~ ~ .d. I 1 ~ 3 I I o `~ _ ~ OI I • ~ ~ NQI i~Kl ~ I Iro¢I i Iz~I ~I I i ~I r I i 4i I I • __~--~---- 9NIL7nS3tJ 3 lb __--__~__~__--)_S6'699 ____~1Z1_ZO N i I I xaa xo __~__~ __~__~__ ~ __~_ __~~ _~~ _- a I _ .Si .SL I ~. I Z ~ Y , ~~ ,M1M1 n cam{ i ~ I I ~ I I H I \Q ~ I ~~ ~ W I ~ ~ "+ ` I I I^Q_ I Fv~m e I I n, I ~m2 a I i ~j ~ /~ p U~U I ~~' 5- - ~- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07-_/~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting .annexation and zoning for land being in the SW % of the SW % of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.17 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ day of -~~~ 2007. Mayor and City Council of e Ci of Meridian By: William G. Berg, Jr., City Clerk First Reading: .S- ~ JC, ~ 7 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: ~ Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- 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-~~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this l / - day of ~a 2007. J~ Z- ..J William. L.M. Nary, City A ORDINANCE SUMMARY - A~06-052 PORTICO PLACE SUBDIVISION Page 1 of 1 • • May 11, 2007 RZ 07-001 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Heritage Development, LLC ITEM NO. ~ $ REQUEST Ordinance -- Request for a Rezone of t .59 acres from an R-4 to an R-8 zone for D®kl®n Subclivtston -- east of the northeast corner of West 4th Street and Maple Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See af~ached Ordinance CITY POLICE DEPT: CITY EIt7E DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 3~ MERIDIAN SCHOOL DISTRICT. ~ l ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFI=fCE: OTMER: Contacte ~ 4ate:~ l~ G pone; ,~, ,~'()~ Emailed: ` r'1 (~1 ~ -C5 S#aff Ini ials: erlola presented at pubUc mse nps aha becorno~properly of fhe CNy of Meridian. ADA COUNTY RECORDER( AVID NAVARRO AMOUNT .00 ; BOISE IDAHO 05/24/07 01:5tl PM CECORDEDa11REQUE8T OF ~~~ ~~~~~~~~~~~~'~~~~~~~~'~~~~~~~~:~ ~~ ~~~ N of Meridian 10707420 CITY OF MERIDIAN ORDINANCE NO. ~ ~~ l ~ll~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT WAYNE ENTERPRISES, LLC, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-001- DEKLAN SUBDIVISION) FOR REAL PROPERTY BEING SITUATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACH-MENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDL~N; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO R-8 (MEDIUM DENSITY RESIDENTIAL) 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 IDAIIO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Wayne Enterprises, LLC.. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Density Residential) to R-8 (Medium 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 re-zone said property. RE-ZONE OF DEKLAN SUBDIVISION - RZ-07-001 Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l,~'~~ day of ~ !~ ~ , 2007. APPROVED BY THE M~yA, YOR OF THE CITY OF MERIDIAN, IDAHO, this Jt-~~ day of / ~L ~' 2007. MAYOR MY de WEERD RE-ZONE OF DEKLAN SUBDIVISION - RZ-07-001 Page 2 of 3 ~. ,~~ e.rr~ ~''~;. ~'~ ~0 ~ ® ~p -~: ~ - WILLIAM G. BERG, JIt., CITY CLE3ZK 9 ~ -~ ti~ ~ ~~ a~ . .~ ~~ f :. ~: ~. .~~ ~ ~~ ;. STATE OF IDAHO, ) ss. County of Ada ) On this f~~day of V ~G'L~ , 2007, before me, the undersigned, a Notary Public in and for said ate, 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) ~~......,. . ~• O~A ¢Uf~~ . ~ , ~O~ R~ ~-~ s ~ ~jj, o ® ~ ~ . . . ~~~~ ~1~~~~ ~ 22 (-~ NOTARY PUBLIC FOR IDAHO RESIDING AT:'~J'V(.,~ (yj~,~ ~c~ MY COMMISSION EXPIRES: /Q -/J- =( j RE-ZONE OF DEKLAN SUBDIVISION - RZ-07-001 Page 3 of 3 „ ... LAND PLANNING f, CIVIL ENGINEERING ,~ ~' LANbSCAVE ARCHITECTGRE LANG SURVEY WATER ~~op~~ _a `F~~r i 453 S. fi nets Place Eagle, ID 83616 PN 208/248.8300 FX 208/246.8320 • 62E AP R~OVA[. © ^ .o ~ ~~ D E S I G N I N G. ®~~ b b ~~Rp~ Boundary l)escrlptlon fViERID{AN PUBLIC for Stacy Construction uvORKS DEPT. Fourth Street, Meridian Job No. 6066716.00 • A parcel. of land situate in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: y Commencing at the northeast corner of the northeast quarter~of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian; Thence SOU°03'22"E, 695.61 feet along the east line of the northeast quarter of the northeast quarter to the northeast corner of Niday's Second Addition, Book 11 of Plats at Page 594, Records of Ada County; Thence N89°54'38"W, 826.16 feet along the line common to Niday's Second Addition, - Wilson Addition, Book 12 of Plats at Page 708, Records of Ada County, and Western Subdivision, Book 24 of Plats at Pages 1498 & -1499, Records bf Ada County, to a 5/8 inch rebar marking the POINT OF BEGINNING: Thence 500'04'43"E, 194.00 feet along the west line of Western Subdivision to a 5/8 inch rebar on the north line of Western Subdivision; " Thence N89°54'38"W;. 437.57 feet along the north line of Western Subdivision to a 5/8 inch rebar marking the centerline of West Fourth Street; Thence N00°05'07"W, 80.21 feet along the centerline ofWest Fourth Street; Thence 589°54'38"E, 137.48 feet parallel with the north line of Western Subdivision to a l/2 inch rebar; Thence NOU°02'28"W, 113.79 feet to a 1/2 inch rebar on the westerly extension of the north line of Western Subdivision; " Thence S89'S4'38"E, 30U.03 feet along the westerly extension of the north line of Western Subdivision to the POINT OF BEGINNING. The above-described parcel contains 1.59 acres, more or less. Together with all and ,singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to any easements or rights-of way of record or apparent and that certain easement over said land in favor of the City. of Meridian, State of Idaho, a municipal corporation, for water right-of-way (to be provided for through an underground pipeline) and incidental purposes as set forth in an instrument recorded May 27, 1976, as Instrument Number 7620278, Records of Ada County, Idaho. •www.wrgdesign.com r, .~~- ~ ~ ab I f- ~iN .^. 1 ~ REVIE R VA6 EY ,.~„ _ S8953'47"E 89'53' 7"E ~~ 1327.72' 63.4 MERIDIAN PUBLIC W0Rt4S DEPT. `''11-~ ~ ~ V ~~ Y~~.. WEST CHERRY AVE. - - +a 1 7 Q O 2 ~. _a N ~O P~aW ~~ ~ ~ Z ®®© ~ LEGAL EXH161T PROJECT NO. soss»s N ~ ~ 4TH STREET INFILL DATE: ~2itaios lvs a w-m,o a.rc oc tiva o aee ~ pB/Y~: ~T1Sb~ry Tit06i311D800 RoctD6816/!8D Stacy ~ tItJC~0r1 c~14' : ~a~VY ~.. ~ ~. ~ ~~ ~ ..~. n ~'D SHEET NO. 1 of 1 ~~ 58933'47"E 2655.28' - - __~ - - 58933'47"E 1264.11 _ SCALE.• 1 "=100' 100 50 0 100 ~- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- PROVIDING FOR RE-ZONING ORD ANCE An Ordinance of the City of Meridian granting re-zoning for land being situated in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 1.59 acres more or less. This parcel is SUBJECT TO all easements .and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance ~;;~t<<<~~,,,,, shall become effective on the ~5~ day of ¢y~, u v~ , 2007. ~;, ~~`~ ~ C,~ g~~~:`~,'''~~,,, i~~/r/~-- ~ ` ~G Mayor and City Council oft City of~Vle dan ~ ~ By: William G. Berg, Jr., City Clerk = ~~ ~`~ First Reading: ,> - ~ J`~- Q 7 Adopted after first reading by suspensiori'Q,f r ~~ o°°°° Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO ~~''~ ~~' . >3~~~• l0~ir;in n+lyi~~ Second Reading: '- Third Reading: --- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07--~~ ~/ f 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. 9 , L ~ . ,../ William. L.M. Nary, City Attorney ORDINANCE SUMMARY - RZ 0'7-001 DEKLAN SUBDIVISION REZONE Page 1 of 1 • • May 11,2007 RZ 06-012 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT Darren Bldser ITEM NO. 19 REQUEST Ordinance -- Request for a Rezone of 1.69 acres from R-4 to C-C zones for Cherry Linder Rezone -- 1440, 1516, and 1528 West Cherry Lan 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 aifached ordinance 1~~~ 0~~ Contacted: ~ ~ ~ Date: ~C ~ Phone: Emailed: ~ Staff Initials: Materfata presented at public meetings shall bocome properly of the City of Meridian. ADA COUNTY RECORDER J. DA{~ BOISE IDAHO 05124/07 01:58 PM DEPUTY Pate Thompson RECORDED-REQUEST OF City of Meridian AVARRO AMOUNT .00 ~~~ ~~~~~~~~~~~~~~~~~~~~~I~~~'~~~~~~ ~~~ 107074203 CITY OF MERIDIAN ORDINANCE NO. O ~~ l ~ l BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT DARKEN BLASER, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-012 - CHERRY- LINDER REZONE) FOR REAL PROPERTY BEING IN THE SW'/ SW I/ OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Darren Blaser. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Density Residential) to C-C (Community Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. RE-ZONE OF CHERRY-CINDER - RZ-06-012 Page 1 of 3 1 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 Conunission 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 TIIE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l S~ day of _ ~1,~!/J , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, 5y~ this ~ day of ~lG~J , 2007. ~?~yLi~~~~~~ ATTEST: r de WEERD ~o $~~~~ - ~~-- ~ ~ ~ e WILLIAM G. BERG, JR., CITY ~ ~ e~~ RE-ZONE OF CHERRY-CINDER - "' .O;~rQ~~,c~eQa" Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this __~~_~ day of , 2007, before me, the undersigned, a Notary Public in and for said State ersonally 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 d:y~ ~~~ first above written. • ~ . ,~ e • o Ag-,®~,~-R,~ `,~~ (SE~,;~Z • ~ i • ,. • ~ ,~ G; ~O: • 1 Q-: '~ _PC18~~t9• ~•~,ATE•O~••• NOTARY PUBL FOR IDAH RESIDING AT: ~ MY COMMISSION EXPIRES: RE-ZONE OF CHERRY-CINDER - RZ-06-012 Page 3 of 3 f-- A. Legal Description M ~KS LAND ~ Colleen Marks, L.S. 7045 • 8405 Ustick Road • Boise, Idaho 83704 JNGI` Phone: (208j 378-7703 • Fax: (208) 378-7759 ° Emall: survey@markslandsurveying.com REZONE DESCRIPTION A parcel of land lying in the SW1/4 SW1/4 of Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the SW Comer of said Section 1, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County Idaho and the centerline intersection of North Linder Road and West Cherry Lane, said point being the REAL POINT OF BEGINNING; thence N.00°27'20"1IV. 1'55.00 feet along the westerly boundary of said Section 1 and the said centerline of North Linder Road to a point; thence N.89°42'08"E. 475.00 feet to a point; thence S.00°27'20"E. 155.00 feet to a point lying along the said southerly boundary of Section 1 and the said centerline of West Cheny Lane; thence S.89°42'08"W. 475.00 feet along the said southerly boundary of Section 1 and the said centerline of West Cherry Lane to the point of beginning, containing 1.69 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 4~SS~~ p1S P,~~G~Pa+ o ~ °' 7045 '' .~ Io-t7(~dg RE I OVAL ~9r~ OF ~~~.tS BY SDI . _ , w4r M yyOP.KS OEPT~c BLASER PROPERTY DESCRIPTION.doc Page 1 of 7 (- ~.~- Exhibit B ~ >. Q a~ ~ ~ ~ ~ ~u 7 ~ ~ G O O ~ o C ~ ~ ^ ~ Wi aao a o W O Z p ..1 `. W W 3wo 2 m ~ ~ O ~N~~~ a mss- ~ ~ vla M ~ -~Y~ `~. z Cn ~'-^ z Q y z o~ ~ a z~ n a ~~ 1/I 1= 2° ~ Q O m ?°m~ z W a °~ w mav~io"I O~ ~~p~ O m W W Z.-°O C.7 O J ~ .. li Z ~d a"~ W a v ~ ~ `.~ ~~ a n In ~~ Q Z to =~ m m ~ Zza J ~ ~ W aL'~m ~ J W m` ~ ~~~W I W zYO a~ m o °Z4 t o s Q x Q ~ uF° I W ~ c X <w z o.N I ~~ ~ o W a0 Q ~~ I N~ I ~~6yoR ~~ _ _ .o_sLl ~,o:.[ZOOS ~J fd .oo~sZl ~- .oo~oC q ~~t¢ 6~rz 1 ~ I . I "~ 0 0 O W Gofer S.~QCOV u 18 i I I 81 I~ Z U m ~00'LZI 'M,OZ~Z00_N ~ + Q I ~v J~ i ~J J 1 I' ~ a 3 I I I^W~ ca N I J~~^ I~ ~ gl 81.ao= Jf p c WI s Ia U W_ ±I la ~~• Z J z I N I m J AO'SZI 'M,OZ,LZOO~N ~ I W _ I I I ~> I el I~ ~ I 1 I .or ~ 1 'J U J ~ + ~ W _ - - - - - - - - - r ,00'Cll 'MAL,LZ00'N ~ •, a ~ J ~$ _ ~ 2C~ i- $ e_ QY gg °~~ _ .IS~lcn ~_ _ .oossl_ S~ °o ~$ ,IS'9ZC1 'M,OZ,LZ00'N 1 „u$ J^ W 3 ab'02~ ?~3aNl~ H12~ON ~j x~ .^ c Exhibit D /° `>, - NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- l,3/ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land lying in the SW SW '/ of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 1.69 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied, As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33~ast Idaho Avenue, Meridian, Idaho. This ordinance shall become ~.ifeot~`~E ~ r,. on the ~,~ day of ~~ 2007. •`•:~ ~' `'' }~"'~ Mayor and City Council o e itynf ridiap~.._ , ., ~ - By: William G. Berg, Jr., City Clerl~ "'~~-=-=,=- a ~3 1 _ First Readin ~ ~ ~`" •~,. ~. by a~ Y0 g ~ l~'~ 7 Adopted after first reading by suspen~~~i •e; ;._>t • % ~,> .~ Rule as allowed pursuant to Idaho Code 50-902: YES NO ~'?., ~ "-`~~~~~~~~ Second Readin ~ ~ L~` ~ ~ ` g ._--- Third Readin ~' ~r °~`~~ ' ~~ ``~ g~ 'rnn~i n~aaaa` STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07-~~~ 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--~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~day of /~` 2007. ~~ :~ William L.M. Nary, City Attorne ORDINANCE SUMMARY - RZ-06-012 CHERRY-CINDER REZONE Page 1 of 1 • • May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2~7 APPLICANT ITEM NO. ZO REQUEST Ordinance -- Pawnbrokers Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ~1~13~~ OTHER: Contacted: Date: Phone: Emcriled: Staff Initials: Matarlcla presented at public mootinpa atwrH bQCOme property of the Cify o! M~ridtan. CITY OF MERIDIAN ORDINANCE NO. o ! ` ` ~! ~/ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING PAWNBROKERS: LICENSE FEE; SECTION NUMBERING; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create an online database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: 3-5-4: LICENSE FEE.: The City Clerk shall collect, before the issuance of any license or renewal thereof an annual license fee of one hundred dollars ($100.00) 3-5-45: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all property kept or stored therein. Any such inspection shall occur during the pawnshop's regular and usual business hours. 3-536: PAWNSHOP EMPLOYEES: A. No pawnbroker shall employ a minor to conduct regulated transactions as defined by this Chapter. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 1 of 6 B. No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any type denied, revoked, or suspended by the City or any other state or local agency within the five (5) years prior to employment. C. No pawnbroker shall employ a person who has been convicted of a felony or theft- relatecl offense within the five (5) years prior to employment. D. The holder of any pawnbroker's license shall be responsible for the compliance with all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license. 3-5-67: SALES: No personal property purchased by a pawnbroker at his place of business shall be sold or removed from such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded from this restriction are transactions in gold and silver bullion or coins. 3-5-~8: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. 3-5-59: HOURS OF OPERATION: Legal hours for "pawnbrokers", as herein defined, may be between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day, unless special permission is obtained from the Chief of Police. 3-5-110: RECORDS: A. All records described in this Chapter shall be electronically entered and stored in addition to paper records. B. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record. The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number, and store number of the pawnshop in which the transaction took place; 2. the name of the employee conducting the transaction; 3. Nature and date of the transaction and an identification number for the transaction; 4. Complete description of the property purchased, pledged, traded or co-signed including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 2 of 6 a. Jewelry shall be described with, as applicable, the type, weight, color, number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece; b. Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color; c. Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish; 5. Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the transaction is made; 6. Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires. C. Production of Records: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this Chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during the pawnshop's regular and usual business hours. D. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all regulated transactions and of all parties entering into regulated transactions. This record shall include all voided and deleted transactions. 2. All records described in this Chapter shall be electronically stored in addition to paper records. 3. All records described in this Chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) year; except that records pertaining to firearms transactions shall be kept for a minimum of twenty (20) years pursuant to federal regulations. E. Transmission of Records: The pawnshop's electronic record of a regulated transaction shall be transmitted by noon the next business day to the designated Internet online service approved by the Meridian Police Department, in a method and fashion approved by the Chief of Police or designee. 3-5-~Al_l: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by him or permit the same to be redeemed,-such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice maybe renewed by written request for an additional sixty (60) day period or periods. Further, a notice maybe terminated at any time in writing by the Chief of Police. 3-5-1-12: STOLEN PROPERTY; RETURN TO TRUE OWNER: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 3 of 6 ~-. (.- A. Return of Stolen Property: Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property to the true owner until: 1. He receives written notice from the law enforcement agency authorizing the release of the property to the true owner and specifying the name, address and social security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefor, and presents proper identification showing his name, address, social security number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Police Department for thirty (30) days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within thirty (30) days, the item will be returned by the Meridian Police Department to the recorded owner. B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property, including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. 3-5-313: PROHIBITED ACTS BY PAWNBROKERS: The following acts by a pawnbroker or any person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker, shall constitute a violation of this Chapter: A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept pursuant to this Chapter. C. Obliterating, destroying, or removing from the place ofbusiness any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business premises, or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours. E. Transmittal of any false record to the police. F. Failure to report the possession of property that maybe lost or stolen. G. Removal of or allowing removal of property from the business premises within seven (7) days after the receipt of said property. Excluded from this restriction are transactions in gold and silver bullion or coins. H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 4 of 6 C. ~._ number has been removed, altered or rendered unreadable, unless such removal, alteration, or rendering unreadable occurred as the result of normal wear and tear. I. Entering into a regulated transaction with a,minor or incompetent person. J. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such, whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency. M. Employment of a person not meeting the qualifications of this Chapter. N. Any other violation of the specific provisions of this Chapter not specifically enumerated above. 3-5-x-314: PROHIBITED ACTS BY PAWNSHOP PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is stolen. C. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is leased or let to hire or another by any instrument in writing under a contract of purchase which is not yet fulfilled. 3-5-415: EXEMPT TRANSACTIONS: The provisions of this Chapter shall not apply to: A. Auto title loans. B. Payday loans. 3-5-116: PENALTY: In addition to other penalties specified in this Chapter, any person violating any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment. 3-5-~b17: SEVERABILITY: If any provision or section of this Ordinance shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 5 of 6 \~ Section 3. 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 on June 1, 2007. PASSED by the City Council of the City of Meridian, Idaho, this 1~~~ day of ~1.~ ~ , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~~ day of GL 2007. ATTE T: i~~, CITY CLERK APPROVED: ~~~ Ap~ ;f ~\\ ~F~~..Z \ Y'~ `. h~ r~1 f~O '~ ' r ~~~ ~, ~~ ~ \` ' :~~®~ `OAP Y~'f • ~ ~~` '////lfr~`~flfffVi ft4t41i11C\\\\\`\,, PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 6 of 6 ~- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- / ~ ~ $ PROVIDING FOR AN AMENDMENT MERIDIAN CITY PAWNSHOP ORDINANCE FOR LICENSE FEE An Ordinance of the City of Meridian amending Title 3, Chapter 5, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall City ~ Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall becQ~r~g ~'feEf~ie,;~, ~~ ,; upon passage and publication. ei T~~~ ~--~.~. F ~.Q `~, Mayor and City Counci of the Cit~+ of eri~ £~, °' By: William G. Berg, Jr., City Cle,~k ~:=`~l"~ ~, A~,,~~ First Reading: ~'` J~'`p 7 Adopted after first readin b sus ~J ~ P ~c'~ ' `~°~`~ ~`~ e Rule as allowed pursuant to Idaho Code 50-902: YES g NO p ~~ ~~~~ Second Reading: - Third Reading: -= ''~~~~",:,; ,<<,~~,~`~~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~.~/ $ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- f~~~ 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 ~Q 2007. William. L.M. ary, City Atto ey PAWNBROKER ORDINANCE AMENDMENT FOR LICENSE FEE Page 1 of 1 May 11, 2007 MERIDIAN CITY COUNCIL MEETING May 15, 2007 APPLICANT ITEM NO. ,Z~ REQUEST Executive Session per Idaho State Code 67-2345(1)(c.)8~(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materlala presented at public meeHrwa shell become property of the Ciry of Msrldian.