The URL can be used to link to this page

Home My WebLink About2006-03-21• • CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 21, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: — Shaun Wardle_ Joe Borton X Charlie Rountree )-c— Keith Bird �c Mayor Tammy de Weerd 2. Pledge of Allegiance: gre n cee-n 4 Ca'l ch '44g-4-� 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: ay�p"V<_ a d 5. Consent Agenda: A. Approve Minutes of February 21, 2006 City Council & Eagle City Council Special Meeting: 6&f,9y_9 ✓%c., B. Approve Minutes of March 7, 2006 City Council Regular Meeting: C. Resolution No. ®d� �� VAC 06-002 Request to vacate sewer and water easements within Lot 15, Block 1, Brenda Estates Subdivision by the Brenda Estates Homeowners Association — west of Ten Mile Road and north of Cherry Lane: lly-.9 � D. Resolution No. O "`50 7 VAC 06-001 Request for Vacation of a drainage and irrigation easement on Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, Lots 1-7 Block 30 of Quenzer Commons Subdivision No. 9 by Brighton Development — west of North Locust Grove Road and south of East McMillan Road: WVIc- Meridian City Council Meeting Agenda — March 21, 2006 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. 0 E E. Findings of Fact and Conclusions of Law for Approval: VAR 06-007 Request for a Variance from UDC 11-2A-6 to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision by Walker Homes — west of North Meridian Road and south of West Ustick Road: F. Professional Service Agreement for Impact Fee Consulting, with BBC Research & Consulting: gip,..®vA, G. Water Main Easement Agreement for Blue Cross of Idaho: 6. Department Reports: A. Parks Department — Doug Strong xd(� 6 y*&Vt4qla� f,o �. 1. Update of Kiwanis Park Extension and Green -up: Lt " -k -k — 8;11 " ( — c 7. Items Moved from Consent Agenda: aart, 8. Tabled from March 14, 2006: FP 06-010 Request for Final Plat approval of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for Chesterfield Subdivision No. 2 by Centennial Development, LLC — North Black Cat Road and West Franklin Road: 9. FP 06-011 Request for Final Plat approval for 1 multi -family residential building lot, 1 non-residential building lot and 1 common lot on 28.646 acres in R-15 and L -O zones for Umbria Subdivision by Conger Management Group — north side of Franklin Road west of Ten Mile Road: a�12"oc- 10. Continued Public Hearing from March 14, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Hi-ghway District Ustick Road Property by the Ada County Highway District — 3595 East Ustick Road: e'O"hw, P //, /, 11. Tabled Public Hearing from March 14, 2006: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: e-aw ), &c e /a/& a4p 12. Continued Public Hearing from February 28, 2006: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: 13. Continued Public Hearing from February 28, 2006: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision Meridian City Council Meeting Agenda — March 21, 2006 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. • 0 by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: 14. Continued Public Hearing from February 28, 2006: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi -family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC - northwest comer of North Ten Mile Road and West Pine Avenue: ,0/1k -/V IF -05-06 15. Public Hearing: VAR 06-006 Request for a Variance to UDC 11-313-7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone for Destination Place Pump House by Ray Hallett - 2100 East Overland Road: ��,,,,� ��¢�G/.( 14-r a1,7?v--vvxX- 16. Public Hearing: AZ 05-064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. - south of West Overland Road and west of South Stoddard Road: aero 4-4-4P6 17. Public Hearing: PP 05-064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. - south of West Overland Road and west of South Stoddard Road: �� /v/ti, A, 4-446 18. Public Hearing: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman - east of Black Cat Road and south of Cherry Lane: 19. PubliceH ari g: PP 06-001 Request for Preliminary Plat approval of 16 building lots and 2 common lots on 4.99 acres in a proposed R-4 zone for Buckeye Place Subdivision by John Fackelman - east of Black Cat Road and south of Cherry Lane: mss°®ve 21)a� 6/-e Apy- 20. Public Hearing: VAR 06-001 Request for a Variance to exceed the maximum cul-de-sac length of 450 feet for Buckeye Place Subdivision by John Fackelman - eas 99f Black Cat Road and south of Cherry Lane% 7/�-, f Gl,C Ary - 21. err21. Continued Public Hearing from March 14, 2006: New fees and modification of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan reviews: a.1,,9rdv,.t cA fe /v/`i. 22. Resolution No. 4716- SDS Fee Schedule for Public Works Department Development Plan Reviews, Inspections, Site Plan and Development Plan Reviews: Vl.)7 owc. Meridian City Council Meeting Agenda — March 21, 2006 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. s 23. Public Hearing: 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 water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees:P:lok�✓h- 24. Resolution No. ®06'— ✓�O 9 Fee Schedule for Public Works Department Water and Wastewater Assessment, water Meters and Appurtenances and Water System Itemized Damages: a�Ptxt- 25. Ordinance No. 40'4� —1222AZ 05-059 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School Ball Field and Technical Center by Hummel Architects, PLLC - 2090 West Pine Avenue: ojz , r w-- 26. Executive Session per Idaho State Code 67-2345(1)(c) To acquire an interest in real property which is not owned by a public agency and (f) To consider and advice its legal representatives in pending litigation or where there is a general public awareness of probable litigation: Clear Gw,.,&,Ce fir-- jwwz,-•✓✓f t-22501. 6 Meridian City Council Meeting Agenda — March 21, 2006 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. Die -TK a-ru CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 21, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 21, 2006 City Council & Eagle City Council Special Meeting: B. Approve Minutes of March 7, 2006 City Council Regular Meeting: C. Resolution No. : VAC 06-002 Request to vacate sewer and water easements within Lot 15, Block 1, Brenda Estates Subdivision by the Brenda Estates Homeowners Association — west of Ten Mile Road and north of Cherry Lane: D. Resolution No. : VAC 06-001 Request for Vacation of a drainage and irrigation easement on Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, Lots 1-7 Block 30 of Quenzer Commons Subdivision No. 9 by Brighton Development — west of North Locust Grove Road and south of East McMillan Road: Meridian City Council Meeting Agenda — March 21, 2006 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. • E. Findings of Fact and Conclusions of Law for Approval: VAR 06-007 Request for a Variance from UDC 11-2A-6 to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision by Walker Homes — west of North Meridian Road and south of West Ustick Road: F. Professional Service Agreement for Impact Fee Consulting, with BBC Research & Consulting: G. Water Main Easement Agreement for Blue Cross of Idaho: 6. Department Reports: A. Parks Department — Doug Strong 1. Update of Kiwanis Park Extension and Green -up: 7. Items Moved from Consent Agenda: 8. Tabled from March 14, 2006: FP 06-010 Request for Final Plat approval of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for Chesterfield Subdivision No. 2 by Centennial Development, LLC — North Black Cat Road and West Franklin Road: 9. FP 06-011 Request for Final Plat approval for 1 multi -family residential building lot, 1 non-residential building lot and 1 common lot on 28.646 acres in R-15 and L -O zones for Umbria Subdivision by Conger Management Group — north side of Franklin Road west of Ten Mile Road: 10. Continued Public Hearing from March 14, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Highway District Ustick Road Property by the Ada County Highway District — 3595 East Ustick Road: 11. Tabled Public Hearing from March 14, 2006: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: 12. Continued Public Hearing from February 28, 2006: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: 13. Continued Public Hearing from February 28, 2006: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision Meridian City Council Meeting Agenda — March 21, 2006 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. by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: 14. Continued Public Hearing from February 28, 2006: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi -family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC — northwest corner of North Ten Mile Road and West Pine Avenue: 15. Public Hearing: VAR 06-006 Request for a Variance to UDC 11 -3B -7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone for Destination Place Pump House by Ray Hallett — 2100 East Overland Road: 16. Public Hearing: AZ 05-064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. — south of West Overland Road and west of South Stoddard Road: 17. Public Hearing: PP 05-064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. — south of West Overland Road and west of South Stoddard Road: 18. Public Hearing: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane: 19. Public Hearing: PP 06-001 Request for Preliminary Plat approval of 16 building lots and 2 common lots on 4.99 acres in a proposed R-4 zone for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane: 20. Public Hearing: VAR 06-001 Request for a Variance to exceed the maximum cul-de-sac length of 450 feet for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane% 21. Continued Public Hearing from March 14, 2006: New fees and modification of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan reviews: 22. Resolution No. Public Works Department Development Site Plan and Development Plan Reviews: Fee Schedule for Plan Reviews, Inspections, Meridian City Council Meeting Agenda — March 21, 2006 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. • 0 23. Public Hearing: 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 water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: 24. Resolution No. Fee Schedule for Public Works Department Water and Wastewater Assessment, water Meters and Appurtenances and Water System Itemized Damages: 25. Ordinance No. AZ 05-059 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School Ball Field and Technical Center by Hummel Architects, PLLC — 2090 West Pine Avenue: 26. Executive Session per Idaho State Code 67-2345(1)(c) To acquire an interest in real property which is not owned by a public agency and (f) To consider and advice its legal representatives in pending litigation or where there is a general public awareness of probable litigation: Meridian City Council Meeting Agenda — March 21, 2006 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. • 0 Meridian City Council Meeting March 21 2006 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, March 21, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Bill Nary, Will Berg, Craig Caleb Hood, Brad Watson, Len Grady, Bill Musser, Ken Bowers, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the meeting to order. I'd like to welcome you to the City Council meeting. It is Tuesday, March 21st, just a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge of allegiance by Brenden and Caleb Ragan. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: De Weerd: Boys, I'd like to present you with a pencil for leading us in the pledge this evening. Thank you so much. Item No. 3 is our community invocation and we will be led by their father Pastor Shawn Ragan with the Church of God Seventh Day. We appreciate you being here this evening. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. Ragan: Madam Mayor, Members of the Council, shall we pray. Our most gracious and loving Heavenly Father, we pause this evening to come before you to ask for your blessings on our city, our community, our businesses, our families, and our government. Father, we ask that you would pour out your blessings on Meridian. We pray that you would strengthen our families, that you would give guidance to us as parents and help our children to grow up knowing right from wrong and with the moral fortitude to make the best decisions for their life. We pray against the evil that seeks to come into Meridian and ensnare children and our community with drugs and other problems. We Meridian City Council March 21, 2006 Page 2 of 50 pray that you would be with our police and fire departments. Bless those who put their life at risk for us on a daily basis. Protect them as they put themselves on harm's way. We pray you would be with the Mayor, her office, and our City Council. Bless them with wisdom that they make decisions here this evening and throughout the week that would reflect your will for our city. I pray you would bless each of the members here this evening with good health. I ask that you would strengthen and be with their families and that you would use them to make our city an even better place to live. I thank you for presence in this city. Most of all, I thank you for your son Jesus Christ and the sacrifice he made on our behalf. In his name we pray, amen. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you for joining us and thank you, boys, for leading us in the pledge. We appreciate you being here. Okay. Item No. 4, adoption of the agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With our resolutions we start at 06-506 and we end at 06-509. And on the regular -- on the department reports we have been requested by the attorney to have an Item B under department reports for the city attorney. Item 10 on the regular agenda has been asked to be continued to May 2nd, 2006. Item 16 and 17 was noticed for April 4th, 2006, so we will have to continue them until that point. And with that I would move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 21, 2006 City Council & Eagle City Council Special Meeting: B. Approve Minutes of March 7, 2006 City Council Regular Meeting: C. Resolution No. 06-506 : VAC 06-002 Request to vacate sewer and water easements within Lot 15, Block 1, Brenda Estates Subdivision by the Brenda Estates Homeowners Association — west of Ten Mile Road and north of Cherry Lane: Meridian City Council March 21, 2006 Page 3 of 50 D. Resolution No. 06-507 VAC 06-001 Request for Vacation of a drainage and irrigation easement on Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, Lots 1-7 Block 30 of Quenzer Commons Subdivision No. 9 by Brighton Development — west of North Locust Grove Road and south of East McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 06-007 Request for a Variance from UDC 11-2A-6 to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision by Walker Homes — west of North Meridian Road and south of West Ustick Road: F. Professional Service Agreement for Impact Fee Consulting, with BBC Research & Consulting: G. Water Main Easement Agreement for Blue Cross of Idaho: De Weerd: Consent Agenda. Item No. 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have -- excuse me -- Item C is Resolution No. 06-506. Item D is Resolution No. 06-507 and I move that we approved the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department — Doug Strong 1. Update of Kiwanis Park Extension and Green -up: De Weerd: Okay. Item No. 6 we have our department reports. Mr. Strong. Now I know why Gordon Harris, one of my favorite people, is sitting in the audience. Nice to see you, Gordon. Meridian City Council March 21, 2006 Page 4 of 50 Strong: Thank you, Madam Mayor, Members of the Council. Just wanted the opportunity to talk about Kiwanis Park and where we are with the green up efforts and also bring to you an opportunity that's come our way with the developer that's developing the property to the north of what's -- what we have currently been looking at as Kiwanis Park. So, this -- the map that you see up there shows the concept of what the park is. There is a broken line -- if I can make this work -- right here and along here that shows the current park boundaries. De Weerd: That's not a broke line, it's a dotted line. Strong: A dotted line? De Weerd: I thought it was like a water main or sewer line. I think our Public Works director has trained me too well. A broken line is not good news. Strong: Oh. Not good news. Okay. It's a dotted line, then. That works. We are ready to go out to contract for the phase one green up that we discussed some months ago to get this park greened up and ready for -- by the school year in the fall. What's recently come our way with conversations with the developer that's developing the property to the north is the opportunity to add about two acres to the park and their interest in participating in the green up as a contribution to the city and to the parks, which would allow us to go further than what our initial plans were for completion of the pathway that continues out of the park this way, down to where it connects to the pathway that comes off Eagle Road behind the development there. The proposal was presented to the Parks and Recreation Commission in this month's meeting and discussed with the Commission and they voted in favor of moving forward with discussions to see if we can make this work. The reason I wanted to bring it to you tonight is if the developer participates in helping us fund the green up portion, without -- they don't have anything with the -- what the development to the north is going to look like in preliminary plat, certainly not through final plat at this stage, the risk is really on their part to jump in and participate at this point in making a contribution of this type and adding acreage to the park and helping us with the green up, recognizing that the final plat's not through yet for their project to the north. So, this would have to be considered as separate from what they will be bringing forward sometime in the next few months. So, I wanted to get a reaction from the Council, certainly, on what you think of putting together an agreement with the developer to move ahead in this kind of relationship. De Weerd: Okay. Council? Bird: Go for it. Rountree: That's a good idea as far as completing the path. Borton: Madam Mayor? Meridian City Council March 21, 2006 Page 5 of 50 De Weerd: Mr. Borton. Borton: I think it's a fantastic opportunity. And while Mr. Harris is in the audience, I want to thank him for everything he and Kiwanis -- the group has done to keep this project moving. One of the things that was discussed at length was the fact that any agreement by the developer to green up Kiwanis Park in its entirety really doesn't come with any strings to the city and I guess I have a question for legal counsel, Mr. Nary. Is there any concern if the city provides continued direction to go forward with this that it's obligating or -- one party's obligating themselves to spend quite a bit of money greening up our property and the city has no obligation in return? Nary: Madam Mayor, Members of the Council, Councilmember Borton, we think what we are probably going to want to do is some sort of MOU with the developer as part of this process in getting that done, just basically to cover access to the city property to do what they are doing or to hire -- or hire other vendors to provide that service and we would probably include something along that line, because I think that has been the discussion. Mr. Baird and Mr. Strong had a meeting with the developer last week about this and certainly we -- that's always been the position all along and this is just part of the process in that the developer is aware that there really are no strings attached to what they are trying to do, but a part of it is -- is their willingness and desire to want to gain some of the ground that they want to use for their development, which isn't what we are talking about tonight, but that's part of the reason for their willingness to provide this green up. So, we can probably hash that out through an agreement to make it clear for both parties and, then, bring that back. De Weerd: Okay. Anything else, Council? I would like to ditto Councilman Borton's comments to Mr. Harris. I certainly don't want to diminish what the Kiwanis Club, in general, has done. They have been great cheerleaders. But I do know who the worker has been and it's been a one person show and we appreciate all you have done. You have been a tremendous contributor to our community and it's very much appreciated, not just this project, but in many other areas. So, it's nice to see you. It's been too long. Strong: Madam Mayor, Members of the Council, actually, I invited Gordon to be here tonight and Joe Atala, who is the representative for the developer to the north, if you had questions for them, but also to make you aware that in our discussions with the developer, the Kiwanis members were included in that discussion. Our intent is for their continued participation in the project and completing the park with restroom buildings, shelters, other in -ground work that Gordon wants to complete that started at the park. So, we want them to be a part of this process and so it truly is a Kiwanis Park when it's completed. So, if you have questions they are here to answer that, too, if you have anything for them. De Weerd: Okay. Anything for any of those two -- either of those two gentlemen? Bird: Great plan. Meridian City Council March 21, 2006 Page 6 of 50 De Weerd: Okay. Well, we appreciate you both being here this evening. Okay. Thank you, Doug. Mr. Nary, do you need any direction from Council to authorize you to move forward with an MOU or anything like that? Nary: Madam Mayor, I think unless the Council feels the need to, we certainly, I think, will work with Mr. Strong and the developer and make sure that all that information is in a document, whether it's something that's brought back in front of you, but I think we can make that -- make that happen. I don't know that we need the Council to direct that. B. City Attorney — Proposed Ordinance change: De Weerd: Okay. Very good. Item 6-B is the Attorney's Office. Nary: Madam Mayor, I'm going to pass out a proposed ordinance. This came to my attention today. In our current city code -- and what I'm proposing is to bring this back in a couple of weeks and our process has been to propose these in a department report for you to have some time to evaluate it and, if possible, to, then, bring it back in a week or two, since there is no meeting next week, I felt the need to bring it up tonight. We currently in our city code have specific hours of operation for the parks and it's a half hour before sunrise and a half hour after sunset. We have occasions where events or activities are seeking to want to extend beyond that closing time and we don't have any specific authority in the city code that allows for that. The only provision that gives the director any discretion in the parks is closing portions of the parks. It doesn't allow him to open portions of the parks or to deviate from the hours of operation. The suggestion here was to grant that authority to the parks director to authorize that through a permitting process, but also because we would be allowing this event beyond the hours of normal operation, so, essentially, after dark, that it also come back in front of you for specific approval as well. In my informal discussions today with a couple of different people, it appears that some of this kind of goes on anyway. I mean with Dairy Days there are occasions where we have some of those vendors that have been staying in the park or do stay there to maintain security over their equipment and their property and such that are in there. So, they have, actually, probably been doing this and Mr. Strong said he has been reviewing these types of things previously, but we haven't formalized it in the ordinance, so that's the reason I wanted to bring that to you tonight for discussion. If you would like, I'd like to put it on in a couple of weeks. If you want me to wait before we put it on or you want to put it on and have a discussion further in a couple weeks, since I have just brought it to you tonight, that's fine. I just wanted to get it in the pipeline to get it started, if it was -- meets everyone's approval. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, which -- now you're telling me the existing one don't have any at all? Because I mean, you know, you're breaking this every softball game, every -- every -- Meridian City Council March 21, 2006 Page 7 of 50 Rountree: Baseball. Bird: -- baseball game where there are lights. You're breaking -- you're breaking this rule -- you're going to have to prove to me why we need it. Nary: Well, Madam Mayor, Members of the Council, Councilmember Bird, the reason you need it is because your ordinance prohibits it currently and you are breaking it every time you do have baseball games that exceed it. There is no exemption in our ordinance for people to be in the park after sunset. So, the reason I think your ordinance needs to be amended is because you -- because we do know this occurs and that way we can be compliant and it is to make sure that those activities that occur after dark are approved by the Parks Department. You know -- and, obviously, you want to have the oversight and that's part of the reason I put in there that the Council and the Mayor would have the final authority, is because if you have problematic issues with groups or certain events or activities, you have the ability to not allow it to continue in the park. I think that's the, I guess, control that I think would be the most appropriate. You're, obviously, going to want Mr. Strong to be the first line of the person requesting it, so that he can be able to report to you that this is appropriate, there is adequate security, there is adequate lighting, there is adequate safety, there hasn't been a problem, there isn't a neighborhood issue, all of those kinds of things. But that's why I believe you need it, is because it probably occurs anyway and the ordinance just doesn't really allow for it. De Weerd: Okay. Anything further? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Now, what you're getting at is trying to make the existing ordinance workable and I guess I just see more issues by amending this than what we have dealt with now. I mean our current ordinance says you're not to have persons or vehicles that they are going to be excluded from the park, so every race day somebody is going to have to get a permit for people to park in the park, because they park there after sunset. Every high school baseball game. Every Legion baseball game. Every community softball game that occurs after hours. Maybe there is more wrong with our current ordinance than this is going to fix, because we are not enforcing our current ordinance, so just tagging this on and hoping people that we are not concerned about will get a permit and we are still concerned about the people that aren't going to get a permit anyway. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you know, there is a reservation section, but it doesn't have anything in there regarding the hours of operation and that was my concern, is that it allows you to reserve the fields, which is like the Legion does, that's what the different softball leagues that we sponsor do, so -- but it doesn't give any authority as to how does that interact with the hours of operation. You know, the one -- the one thing you didn't ask about that I don't know -- have a Meridian City Council March 21, 2006 Page 8 of 50 specific answer for, we have a taxing district pool in our park which isn't necessarily subject to our ordinance specifically as to their operation versus hours, but that's a horse of a different color for another day. Rountree: A whole other issue. Nary: Yeah. The only thing I wanted to do -- I mean how this is -- how is this permitted -- all this does is grant the authority to permit it. How it's permitted, whether it's simply a -- the recreational scheduling is the tool to get authorization, if you don't -- if you want to grant the parks director the authorization to not have to bring it to you, so that all of the things that are the ongoing activities, like Legion baseball, rec activities, those kinds of things, Dairy Days, the race schedule, can all be approved by the director and there are certain things you want to see or that you don't want to see any of it, that's perfectly fine. I just wanted to make sure that in our ordinance that someone isn't going to claim that because we allow these other activities after dark, we have to, then, allow theirs. De Weerd: Mr. Strong, do you have anything you want to add? I think this does affect you; right? Strong: Thank you, Madam Mayor, Members of the Council. This is a clarification I think that may have value. When we re -wrote the park ordinance three years ago we tried to address as many issues as we thought would come forward at that time. The way it's written now is to deal with individuals that are in the park after those designated hours that shouldn't been there. I think what we are discovering is that there are activities that -- that people are there legitimately for that aren't -- that the way the ordinance is written now it doesn't cover. So, it's some way of specifying what those exceptions are to the park hours and under what conditions those would be permitted. It seems to make sense to me that we'd have clarification in the ordinance, so that it can be more effectively enforced, so that if there is somebody in the park that set off a motion sensor light that's not there for a ball game or something and shouldn't be there, then, there could be a police response and appropriate action taken for those activities that we don't want versus those that we do want in the park. So, I'm certainly willing to work with Mr. Nary on getting something together that makes sense from our point of view and -- De Weerd: Okay. Council, any questions for either our attorney or Mr. Strong? Thank you, Doug. Strong: Thank you. De Weerd: Will, do you have anything as our risk manager? No. Rountree: No risk. De Weerd: Nothing he wants to share. Okay. Well, so you will be bringing that back -- Meridian City Council March 21, 2006 Page 9 of 50 Nary: Yes. De Weerd: -- in a couple weeks. Okay. Council, if you come up with any other comments or questions, please, give Mr. Nary or Mr. Strong a call and we can incorporate those into the document. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Tabled from March 14, 2006: FP 06-010 Request for Final Plat approval of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for Chesterfield Subdivision No. 2 by Centennial Development, LLC — North Black Cat Road and West Franklin Road: De Weerd: So, I will go ahead and -- Caleb, on Items 8 and 9, are there any issues on these two final plats or can we consider them in one motion? Hood: Madam Mayor, Members of the Council, I do have letters from both of the applicants. Just a point of clarification, Item 8 was tabled from the 3/14 meeting to make sure that the applicant did, in fact, agree with all the conditions. I believe Mr. Borton had concern. I did talk with the applicant today. They are in agreement, so we do have a letter from the applicant on No. 8. No. 9 we also have a letter, as I mentioned. There are a couple of things that need to be discussed, some changes to that staff report. De Weerd: Okay. So, we will take them one at a time. Council, do I have a motion on Item 8? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 06-010, the final plat for Chesterfield Subdivision No. 2. Rountree: Second. De Weerd: Okay. We have a motion and a second to approve Item 8. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • March 21, 2006 Page 10 of 50 Item 9: FP 06-011 Request for Final Plat approval for 1 multi -family residential building lot, 1 non-residential building lot and 1 common lot on 28.646 acres in R-15 and L -O zones for Umbria Subdivision by Conger Management Group — north side of Franklin Road west of Ten Mile Road: De Weerd: Okay. Item 9 is FP 06-011. Craig -- I mean Caleb. Hood: Madam Mayor, Members of the Council, as I mentioned previously, we did receive a letter from Dave McKinnon, who is representing the applicant on this project. They are specifically requesting a waiver of the standard requirement to the the Kennedy Lateral which traverses the western boundary of this site. It is something that the Council has to specifically grant, because our code just requires them straight out for all projects. If the Council does grant those, there are some site specific conditions and general conditions that staff has asked you to modify as well to be consistent with that action. I will not read those out, but they are the bullet points in the handouts that I gave you before the meeting. Also on a different note, general requirement number four, the applicant has asked us to add a couple of words that just specify -- they are doing a phase development -- it didn't make it into the presentation this evening, but there are three phases and they just didn't want to have to put in all of the improvements with the phase before they can get their first occupancy. So, if they do ten buildings with their first phase, all of the ten buildings, parking, and landscaping would need to be completed prior to occupancy of those ten buildings and so on and so forth with future phases. So, that would be the third bullet, again, on that handout that I gave you. And with that I will stand for any questions you may have. De Weerd: Well, Caleb, I guess this is kind of difficult to consider those kind of changes with each phase when you're not really sure how it impacts the neighbors or what kind of testimony was given at the time, that the neighbors might think that all of the fencing is coming in with the first development and those kind of issues. Hood: Madam Mayor, Members of the Council, I would agree with you and I think maybe fencing may be something that the applicant would be willing to put up around the entire boundary with the first phase. It's more of the internal landscaping and types of things that would, then, just get run over with heavy equipment as they begin construction and putting in, really, interior improvements. So, I think that's the intent of the request is more for the interior stuff. Perimeter things I would think would be able to be taken care of. Off the top of my head I don't remember all the concerns from all the neighbors, but I think that's a legitimate question anyways. I think we could cover it, though, with the applicant's request and fencing usually is one that the neighbors are concerned about off the top, so -- De Weerd: Certainly with the debris and that sort of thing. Have you been able to take a look at this and see what were issues during the application process and what might have been committed to the neighbors at the time? Meridian City Council • March 21, 2006 Page 11 of 50 Hood: Madam Mayor, Members of the Council, I have not reviewed the minutes from the previous hearing. This was not my project. I just briefly went through it before tonight's meeting, so no. De Weerd: Okay. Is the applicant here? McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber, representing the applicant tonight. De Weerd: Thank you. McKinnon: Just to touch on a couple of comments that you made, Mayor. At the previous hearing there was no neighborhood objections. There was nobody that came and testified, other than myself, on the hearing in front of you. We are more than happy to put the fencing around and what we were running into is you have got 70 four-plex units. That's a lot of four-plexes on one lot. As you know, we are planning on condo-ing this in the future, but we can't build all of them at one time, it's just too big a project, so we want to build some, move onto the next group, but not let those first houses -- the first four-plexes that are built have to sit vacant until all 70 of them are built. Typically the way you see it run is once you have issued a permit for the site, all the improvements are required to be put in. We just don't want to have to put in all the landscaping for the first phase and, then, have to go back in and tear it out as we go in and put houses -- more four-plexes into the project. I spent some time working with your staff on that. They were agreeable to those issues. Like I said, we are more than happy put in the fencing. The major part of the open space, including the clubhouse, pool, and court areas, are all part of phase one. So, the majority of all of the major improvements will be in phase one. Water and sewer will be included as part of phase one. All the major improvements -- the infrastructure improvements would go in. We did prepare a map that showed the phasing plan. Unfortunately, I guess it didn't make it in there tonight. As far as the other issues, the Kennedy Lateral, it would take a 48 inch pipe to tile it. Castlebrook Subdivision, which you approved earlier, you did not require that to be tiled as well. So, we are making a formal request not to tile the Kennedy Lateral. All the information that has been submitted to you previously indicated that the -- I guess that the Kennedy Lateral would remain open. Had discussions with John Anderson from Nampa -Meridian. He had no intentions or no idea that the City of Meridian wanted that to be tiled, if that was the case, and they did not make a request for us to tile it at this time and their understanding was that we were to leave it open as well. With that I would ask if you have any questions. We are in agreement with the other comments in the staff report. Ask for your approval at this time. De Weerd: Okay. Thank you, Dave. Council, any questions? Bird: I have none. Borton: Madam Mayor? Meridian City Council • • March 21, 2006 Page 12 of 50 De Weerd: Mr. Borton. Borton: Dave, I understand what happened with Castlebrook. The question on the Kennedy Lateral -- I may be wrong, but I think the standard for the waiver of the tiling requirement concerns whether or not it would jeopardize public safety, those that are going to be living there, as opposed to whether or not, you know, it's equal treatment versus another. I think I understand your concern. So, to warrant the waiver, can you comment a little bit on how tiling or granting a waiver from tiling the Kennedy Lateral wouldn't impact public safety for these individuals? McKinnon: Madam Mayor, Councilman Borton, we have proposed a six foot fence all along the Kennedy Lateral, which would keep people out of the Kennedy Lateral. One of the reasons we are keeping it open is that there is already a large easement there and the irrigation company would like to be able to maintain their maintenance road that runs through there. If you're going through this site plan, if you look at it a little bit, there is, actually, an irrigation pump station at this location. Nampa -Meridian Irrigation would actually access that on their current roadway and run off the back on their access road right now to maintain that. And so all of that would be off limits, because of the six-foot fence that would run the western property boundary. De Weerd: Did that answer your question? Borton: Yes. McKinnon: Thank you. De Weerd: Any other questions from Council? Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. Council, what would you like to do? No one's going to look at you, Mr. Bird. Rountree: Madam Mayor, I have a question for Mr. Nary. De Weerd: Mr. Rountree. Rountree: As far as the 48 inch pipe requirement, I thought our ordinance indicated that if it's 48 inches or larger requirement, then, the city doesn't have to -- would not require tiling. Has that changed? Nary: Madam Mayor, Members of the Council, Councilmember Rountree, I was looking up our ordinance that -- to verify that. I don't know if Mr. Watson might know that without me looking through the ordinance. I don't recall. Watson: Go ahead and look. Meridian City Council • March 21, 2006 Page 13 of 50 Nary: Okay. Bird: He said keep looking. De Weerd: That was a nice try. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: In looking at the -- Madam Mayor, Members of the Council, in looking at the piping of ditches is the one I guess I found. It's 12.14.13 out of the city code. It doesn't have any specific reference to the size. Rountree: Okay. Nary: So, it may have been a practical aspect or a reason that it was granted a waiver, but in the provisions about the requirement and the waiver, it doesn't list the actual size as a consideration, it just says if it finds a public purpose, requiring such will not be served in this case, is your standard. De Weerd: Okay. Nary: Thanks, Brad. De Weerd: Okay. Council, I need a motion. I can't make a motion. Bird: Shaun. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Before I make my motion, just a question for Caleb. Do you need each of these requirements into the record for the motion? Hood: Madam Mayor, Council members, I believe that's probably the best way to do it, unless legal just says that you can just reference this and I can sure incorporate them in, if that's appropriate. De Weerd: Uh-huh. Nary: Okay. Wardle: Madam Mayor? Meridian City Council • March 21, 2006 Page 14 of 50 De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item No. 9, FP 06-011, to incorporate all staff comments in regard to items provided to this Council this evening, as well as comments from the applicant and their willingness to fence the entire property. Bird: And waive -- Wardle: And to waive the requirement for tiling the Kennedy Lateral, which is included in the staff comments. Bird: Second. De Weerd: Okay. There is a motion to approve. Any discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from March 14, 2006: AZ 05-060 Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Highway District Ustick Road Property by the Ada County Highway District — 3595 East Ustick Road: De Weerd: Thank you. Item 10 has been requested to continue. Is there anyone in the audience here that was here for Item 10 specifically? I realize -- the applicant has asked that they have an opportunity to meet with the neighbors and so they have requested that this be continued to May 2nd. Okay. Thank you. Council, I would need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we continue the Public Hearing on AZ 05-060 to May 2nd, 2006. Rountree: Second. De Weerd: Okay. Motion to continue Item 10 to May 2nd. All those in favor say aye. Okay. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Meridian City Council • • March 21, 2006 Page 15 of 50 Item 11: Tabled Public Hearing from March 14, 2006: AZ 05-061 Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas by Una Mas, LLC — 3475 East Ustick Road: De Weerd: Okay. Item 11 was a tabled Public Hearing from March 14th, AZ 05-061. 1 will start with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. I will be brief. This was, as you mentioned, on last week's agenda. Just a couple of things, I guess. There was a letter received today, I believe -- yeah, dated March 21st from the applicant Hansen - Rice and I hope you all got that letter. It's, basically, asking you to take action on their application independent of what happens with ACHD. ACHD's request for their six week deferral did a similar -- had a similar request that they are a stand-alone application and it's nice when we can look at the bigger picture. But this applicant is not eager to wait another six weeks for action by the Council, just to put words in their mouth. I'll let you read that at your convenience. They did want to clarify a couple of things and I guess I'll go to their concept plan real quick. And it does show -- it does show ACHD's collector roadway on the eastern side of this and the exact alignment of this collector roadway is -- my understanding, has not been determined yet, it's more for discussion purposes that it can show how this property can eventually tie back into that collector roadway. I don't think it's any secret that the subject applicant would like to acquire the remainder parcel after ACHD builds the collector, but they can make this project work without that acquisition as well. So, like I said, I won't belabor this application too much. It was continued, basically, because it was on the agenda after ACHD's and we all thought that it was a good idea to kind of hold them together and with that I will stand for any questions you may have. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address for the record. Roseigh: Madam Mayor, Members of the Council, John Roseigh with Hansen -Rice, 1717 Chisholm Drive, Nampa, Idaho. De Weerd: Thank you. Roseigh: We just wanted to reiterate again what staff had mentioned. We agree with staffs report and their findings. We have no issues with that. We do want to be clear, in the last meetings, also in Commission hearings, we have been linked with ACHD's property primarily due to ACHD wanting to split off theirs and our interest in acquiring that property. But as staff has stated, we don't need it and, you know, it would be just an additional benefit to our property if we got it, but we are -- you know, we'd like to proceed forward without it, you know, being considered as part of that. One of the other Meridian City Council • • March 21, 2006 Page 16 of 50 -- one of the other major -- or one of the other issues that seems to continually come up is the cross -access agreement between our property, ACHD's property, and the west property, which would be the Gateway Marketplace. In meetings with ACHD and the applicant for the Gateway Marketplace, we have come to an agreement that we would have -- as the staff report has indicated, we would not only have the 40 foot -- the 42 foot right of way road at the southern portion, but we would also have two direct accesses across the property, one roughly 350 feet from Ustick and one at a -- it's roughly 170 feet from the bottom that would go directly across our property to Allys Way in the future. This drawing, again, was preliminary. It was for discussion purposes only, just to show what this road -- what ACHD had originally thought they wanted to do with it, so that we could kind of figure out what they wanted to do, so we could lay out ours. Again, we -- you know, we are looking at retail and general commercial. The property to the west is already zoned general commercial and has -- their preliminary plat's been, I believe, approved by Commission that has retail space already there and, you know, we would like to move forward with the clients that we have, who are waiting anxiously for us to get through zoning. So, we would really appreciate your approval tonight on this project and I will stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a question for legal counsel. If I remember this correctly, we did close the Public Hearing. De Weerd: We did. Wardle: And, then, tabled the actual issues, so can I make a motion to reopen the Public Hearing and include all testimony we have just had, so that we can consider it. Nary: Certainly. Wardle: Okay. Just procedure. Sorry. De Weerd: We did continue it, but it is after it had been closed. Nary: Right. De Weerd: I was just ignoring that. Meridian City Council March 21, 2006 Page 17 of 50 Wardle: Madam Mayor, I move -- De Weerd: But for the record I appreciate that. Wardle: I move that we reopen the Public Hearing on Item 11, AZ 05-061, and include all testimony we just heard. Rountree: Second. De Weerd: Okay. Motion to reopen on Item 11. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. De Weerd: Okay. I -- did you have a question for the applicant as well? Wardle: No, Madam Mayor, I was just making sure that we could hear this item on its own and potentially take action on it if we wanted to. De Weerd: Okay. I did have a question for the applicant. These are going to be some very busy comers and what we have asked of the developers across the street are for architectural renderings or elevations on what they anticipate to be going in. Do you have ideas of what your buildings would look like or anything like that? Roseigh: Madam Mayor, Members of the Council, when we first -- when we first were at this preliminary stage, we had a -- we had a client for this particular box and due to the continuation and being tabled, they have since withdrawn -- they are a local business and they have -- they, basically, bought another building, because it was taking too long, so at this point we have one -- we have one client who is interested in the piece down here at the bottom. They are looking to tie up the land at this point, waiting for the applicant, who is down here at the -- who is looking to rezone that from general commercial back to residential. They have an anticipation of what they want to do there. We do not have any elevations or renderings at this point. When -- once we have been annexed in, we can get into our preliminary plat and start moving forward and be out there actively marketing and finding those clients to fit in that. We do plan on having 3-D models and renderings for those to submit to staff for approval. We would like to -- I mean this -- the Gateway Marketplace has renderings -- preliminary renderings at this point of what they would like it to -- the flavor of what they would like their development to look like. As an architect, I share their vision, I think it's a nice vision for what they are planning on doing there, more of the plaza piazza type of look that's going to be going in there. If we have -- if we have a retail spot -- a retail space, we would -- certainly would like to tie in and be, you know, friendly with our neighbors as far as the style. We don't want to -- you know, we don't want to throw up anything that's ugly, but we would like to -- you knew, it will depend -- again, they have got the same comment that we do, you know, if they bring in a Staple's, Staple's has got their own Meridian City Council • March 21, 2006 Page 18 of 50 look and, you know, they kind of dictate a little bit of what they want. We have a little bit more -- De Weerd: And it's ugly. Roseigh: It is. We have a little bit more control as we -- as the company that owns this is also building it. We have a little bit more control as to who is buying the property and what they want to do with it. But we do want to do some nice buildings. We don't -- you know, we see the -- the retail, we see some office space. The office space, of course, will probably not really tie into the retail very much, as we are looking for class A office in that area, something that's going to promote the neighborhoods in that area around, so that people could possibly work closer by and not have to commute so far to get some of traffic off of Eagle and Ustick that we deal with on a daily basis. De Weerd: Well, I guess the reason I asked is across the street there was a greater comfort level at annexing without the details, because they had architectural renderings and annexation -- Roseigh: For Lowe's? De Weerd: Uh-huh. At annexation that's where we have the ability to tie a certain vision or expectations to the land. At the plat level you really don't have those same abilities. And so if we don't want a standard look of a Staple's building, if that's your example, by having architectural renderings that is what will give us that ability to affect a certain look. Roseigh: Madam Mayor, we understand that. At the time that we did the -- we submitted our application, preliminary plat and renderings and that were not a requirement of the application -- had they been we would have certainly tried to have done -- you know, to have fulfilled the application prior to submitting. We -- it's very difficult to sell a piece of agricultural ground commercially, not knowing that it's going to be approved commercially or if I set it -- if we sell a piece of property to somebody to build a building and they are waiting, you know, four months, five months, to get the annexation and, then, we have to go through the preliminary plat and all of the other development agreements, you know, they are sitting there waiting for, you know, half the year for -- to get approval before we can move forward. You know, for annexation, you know, we -- I don't think that anybody -- at least we would not want to do anything that is not, you know, in accordance with, you know, the -- your ordinances. We would definitely want to try and get along. I mean we pride ourselves in the quality of the buildings that we build and, you know, we want to make sure that we have a -- I mean you're not going to -- it's going to be very difficult to sell a class A office building if it's not class A construction and has a nice look to it. So, I think with what we are planning on putting there, the quality of what will be there will be to your expectations and will be a benefit to the City of Meridian. De Weerd: We have heard that before. Meridian City Council • March 21, 2006 Page 19 of 50 Roseigh: I know. De Weerd: Any other questions than what I have dominated, Council? Okay. Roseigh: Thank you. De Weerd: Thank you, sir. Is there anyone who would like to provide testimony on this application? Okay. Hood: Madam Mayor? De Weerd: Yes. Hood: If I may add just one more thing about the architecture. This site is on an entryway corridor, so it is subject to our design review standards and I don't know how familiar you are with those, but it does have some requirements for varying roof lines and I think it's 30 percent of the windows need to be facing the street, you can't have more than -- like 70 percent of your parking has to be behind the building. Some things like that. Now, they are pretty minimal, but this -- the first -- at least the first building that faces Ustick will be subject to those design review standards, so I just wanted to point that out. I don't know if that helps or not, but it is subject to those standards. De Weerd: I guess Councilman Bird just raised a good statement, but I think the building across the street, Lowe's, that came in before the change of the UDC or it possibly could have looked different. We would hope. Roseigh: Madam Mayor, Members of the Council, we will follow the newly adopted UDC in its entirety. We don't have a problem with that at all. De Weerd: Okay. Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I guess if we are not going to have anymore public testimony, I will move that we close the Public Hearing on AZ 05-061. Rountree: Second. De Weerd: Okay. There is a motion to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council • • March 21, 2006 Page 20 of 50 De Weerd: Discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 05-061, the annexation and zoning of 9.55 acres from RUT to C -G for Una Mas, LLC -- I probably butchering the name, but -- and to incorporate staff and public testimony. And, oh, also we do have the Findings, too, so -- De Weerd: Okay. I have a motion on the floor. Do I have a second? Rountree: Madam Mayor, I'll second for discussion. De Weerd: Okay. Any discussion? Rountree: Madam Mayor, these entryway corridors have been an issue in the last couple three weeks, about design and design criteria. The fact that we don't have design review, but we have annexation authority and control to some degree what design might be, what our architecture might be. I don't have a particular issue with the annexation, but I do have a concern that the UDC's design and design criteria is minimal at this point, that is in the process of being beefed up a little bit. I would be much more comfortable if we were through that process, so we would have something better to fall back on, as opposed to what we currently have. Or if we, on the alternative, had some indication from the applicant of what it was they were proposing to do, which is what we have asked in the last month or so on all of these applications along Eagle Road. So, that's my input on this particular motion. De Weerd: Okay. Any other discussion? I will just throw my two cents in and I probably -- you probably already know what one cent of my discussion was, but the other one is -- remains on -- it's hard not to look at this development without consideration of the lot to the east of it and how they are going to manage the transportation or the circulation and I apologize that I didn't ask that during the Public Hearing aspect, but without that road on the east side and their landscape buffer, I'm not really sure how traffic flows in and out of there and that could be an issue. But I only have a vote if you guys tie, so -- that was my other cent worth. So, any other discussion? Okay. Mr. Berg, do you want to call roll. Roll -Call: Bird, yea; Rountree, nay; Wardle, yea; Borton, nay. De Weerd: Oh, boy. My vote would be a nay as well. And, again, it's because of my concern without the architectural renderings and without the idea of transportation flow, is why I would vote nay. MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY. Meridian City Council March 21, 2006 Page 21 of 50 De Weerd: I guess at this point we can consider another motion or offer an opportunity to the developer to continue this and maybe bring back additional information or -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we continue the Public Hearing on this application, Item No. 11, and give the developer an opportunity to provide some renderings of the type of structures that would be envisioned for this property and reschedule that for our next regularly scheduled meeting, which is April 4th. Borton: Second. De Weerd: Okay. The motion is to continue this -- table the Public Hearing and I would guess that motion was also to open the Public Hearing, to consider that new evidence. Rountree: And -- definitely. Yes. De Weerd: Okay. Second agrees? Borton: Yes. De Weerd: Okay. All those in favor say aye. Rountree: Do you need a roll call? De Weerd: I don't need a roll call, do I? Mr. Nary. Nary: Madam Mayor, all you're doing is moving to continue it. The only other suggestion I was going to have is two weeks adequate time to get the information from the applicant? I guess that was -- but since you're only moving to continue the matter, you don't need a roll call vote for that. De Weerd: Right. Okay. Any opposed? Nay? Bird: Nay. De Weerd: Okay. I have three ayes and one nay. MOTION CARRIED: THREE AYES. ONE NAY. Hood: Madam Mayor? De Weerd: Yes, Mr. Hood. Meridian City Council r March 21, 2006 Page 22 of 50 Hood: For clarification, does that also -- does the maker of the motion -- does that also include the engineering drawings for access? I know that was a concern of the Mayor, but just elevations for the buildings themselves? Rountree: That was my intent. Hood: Thank you. De Weerd: That was his intent, but if it's split, you may want to include circulation, if it's a split vote. Since the Public Hearing has been reopened, Council, if you would consider comment from the applicant in clarity on what he needs to bring back? Rountree: Madam Mayor, I guess my point on that is that ACHD may or may not continue with their request for annexation and/or rezone. If I were them I wouldn't, but if they dispose of the property, it's an auction and it's going to go to the highest bidder and there is no guarantee that this applicant will be the highest bidder, particularly if it's closed bid. So, I'm not sure -- you know, we can ask all we want and he can give us his best guess, but whoever ends up with that property is going to be the one that either extends -- sells it off to adjacent landowners or whatever happens there. It's a tough piece of property to do anything with, I agree. There has been an indication on the part of the applicant that cross -access agreements would be entered into. So, however -- whoever ends up with that property wants to use it, then, that's when the cross -access agreements would be entered into and the engineering would be done for a rather long green boulevard, because I'm not sure that there is anything in there that's developable, other than for a landscape strip. De Weerd: Caleb, in the staffs review of it, do they need that landscape strip and do they need the additional access and is that why it was kind of part of the concept drawing here? Hood: This applicant -- Madam Mayor, Members of the Council, this applicant does not necessarily need to acquire that parcel. What we have done with the ACHD piece is we have required them, regardless of who requires the remainder parcel, there is already going to be two cross -access easements to this property in case they don't acquire that. So, they will have access to the collector roadway, because it will come encumbered with those cross -access easements. So, they don't necessarily need it. As is mentioned, it's going to be difficult to develop anything else out of there if they don't acquire it. They could, obviously, put it to the best use. And, then, the direct alignment, especially if -- out of this meeting that ACHD had, if they end up putting 20 -foot landscape buffers on each side, there is not going to be anything left. So, not that someone can't come in and buy a 40 -foot wide strip, you really can't develop it. I imagine it's not going to pull top dollar, anyways, if it's only 40 feet wide and not very visible. But this applicant does not have to acquire that property to make this work. There is also -- and I didn't talk about it. There is also cross -access through a project you will be seeing here in another three or four weeks or so. So, they have access -- Meridian City Council • March 21, 2006 Page 23 of 50 not directly to Ustick, but via these two cross -access easements either side of their property. De Weerd: Oh, that does answer that, so -- Bird: Madam Mayor? De Weerd: But it would be good to at least make sure that it's noted. Yes, Mr. Bird. Bird: If I understood the motion, the motion was to continue it to get some -- De Weerd: Architectural drawings. Bird: -- architectural drawings of what you're going to do. I hope the guy can go out and find out who he is going to rent to or lease to or sell to, to know how to draw his drawings. Roseigh: I have got drawings ready to submit. Bird: Well, yeah, we can -- also, you know, we get that in subdivisions, you know, we get all these pretty homes, but they all don't always go in the subdivision. But we design. De Weerd: Okay. Well, is that clear as mud? Roseigh: Yes. Item 12: Continued Public Hearing from February 28, 2006: AZ 05-051 Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: Item 13: Continued Public Hearing from February 28, 2006: PP 05-052 Request for Preliminary Plat approval of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone for Ellensburg Subdivision by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: Item 14: Continued Public Hearing from February 28, 2006: CUP 05-047 Request for a Conditional Use Permit for a Planned Development for multi -family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision by Centennial Development, LLC — northwest comer of North Ten Mile Road and West Pine Avenue: Meridian City Council March 21, 2006 Page 24 of 50 De Weerd: Thank you. Okay. So, Items 12, 13, and 14 are Public Hearings AZ 05- 051, PP 05-052, and CUP 05-047. 1 will open these three public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is a new item on the -- your agenda this evening. De Weerd: Caleb, excuse me for a moment. I just wanted to note to anyone who might have come in after the beginning of our public -- when we started the meeting, Items 16 and 17, if you're here for Bear Creek West Subdivision, it has been requested to continue to April 4th. It was not -- was it properly posted? This item needs to go along with the variance request. So, it needs to be continued to April 4th. So, we would apologize for any inconvenience, if you're here for Items 16 or 17, on Bear Creek West. Okay. Caleb, I'm song, I interrupted you, but I didn't want people to have to sit through that if they didn't need to. Hood: I'm sure they appreciate that. Thank you, Madam Mayor. As I was saying, this is a new project on your agenda this evening. It is located on the northwest comer of Ten Mile Road and Pine Avenue. It is kitty -comer to the Courtyards at Ten Mile. The recently approved Sommersby Subdivision is across the street. They are requesting annexation and zoning to R-15 for 12.84 acres. There is a preliminary plat for 41 single family build -able lots and four common lots and a Conditional Use Permit for a multi- family planned development. They are also asking for a request to reduce the standard street frontage requirement of the R-15 zone. And with that I would just like to say we aren't seeing those very often anymore. This project was, actually, submitted under the old Title 11 and 12 of city code. It's been held up quite a bit by various -- the applicant didn't post the site one time. The Planning and Zoning Commission wanted to see elevations one meeting. So, this is, hopefully, the last application under the old ordinance and standards. However, the Planning and Zoning Commission at their January 19th hearing did amend the staff report to require the applicant to comply with all of the multi -standard development regulations as far as elevations and site design and amenity type things. I did just want to point that out. But everything else was being reviewed under the old Meridian City Code. The gross residential density of this project is 12.77 dwelling units per acre. I do have some elevations for you. Before I get to those, I guess I did want to make one note, that we did receive an e-mail late this afternoon from a Laura Wilder. She attended the hearing at the Planning and Zoning Commission and just wanted the record to be clear that she was not in opposition to the project, but she had checked the neutral box and she did have some concerns about livestock and asked some questions and had some comments, but was not opposed to the project. Now to the aforementioned elevations. And the applicant has also provided -- the Planning and Zoning Commission at their meeting did ask that there be some color variations and materials variations. These are the ones that were submitted with the application and I have some as well from the applicant that he's colored on and I will put those up for your enjoyment when he comes to give his presentation. With that, I think I will stand for any questions. You have, again, 41 single family build -able lots, four common lots, on 12.84 acres. Meridian City Council March 21, 2006 Page 25 of 50 De Weerd: Any questions for staff? Okay. Is the applicant here? Nickel: Good evening, Madam Mayor and Council Members. Shawn Nickel. 839 East Winding Creek in Eagle, here tonight representing Centennial Development. Thanks to staff for their help in this process. As he stated, we did agree with your Planning and Zoning Commission to look at this under the new UDC code, even though we did submit this before that code went into effect. Some of those new code requirements included covered parking, in addition to architectural design standards that we will adhere to within this development. Your Planning and Zoning Commission also recommended a connection to the west or an easement for this pathway to connect potentially to this vacant piece of property right here. We have agreed to do that. That is a condition of approval. One of the other issues that came up in the Planning and Zoning Commission from one of the neighbors was fencing along the south boundary of the new road between the public road and the old private Pine Street or Pine Lane Road. We have agreed to do that. That is also a condition of approval. Your Planning and Zoning Commission wanted the typical -- you know, our elevations, to kind of doctor them up a little bit and provide some secondary treatment, so it wasn't just one material. We agreed to do that. I did provide Caleb with a -- basically to show him where we were going to have that treatment. It's just a -- I colored it with a highlighter just to kind of show you that we would offset the materials. However, I believe that is -- it won't be pink. De Weerd: Well, it's better than the mesh wire I think that Kevin gave one time. Nickel: Better than the lattice that Kevin did last time, yes. De Weerd: Uh-huh. Nickel: But that was just to demonstrate that we would provide that different material. believe that is covered in your architectural standards, so, again, we are agreeing -- De Weerd: See, we do remember those things. Nickel: You do. You do. I'm glad you do. Again, this is a request for annexation and zoning to R-15. The overall density is 12.7 dwelling units per acre, as staff has indicated. We do have 13 percent open space, including amenities such as a pool, walking path, a clubhouse, and a tot lot within the development. We are adjacent to -- could you put my colored plan -- thanks. This is the site right here. We are adjacent to a park and a school. I did kind of color in here to show you what the surrounding densities and land uses were in the area, keeping in mind that your Comprehensive Plan does show this as that transit -- future potential transit station for future light rail consideration, which does support the higher density recommendation or request. Also, your Comprehensive Plan does support locating medium density to high density residential along a major corridor, which as you know, is the Ten Mile with the future interstate connection will be a major corridor, in addition to that future light rail concept. Meridian City Council March 21, 2006 Page 26 of 50 So, this does meet the intent of your Comprehensive Plan with that in mind. So, I will stand for any questions that you have. De Weerd: Okay. Shawn, what was your comment about Pine Street? Nickel: Currently Pine Street ends at Ten Mile and, then, it's a private lane to the canal right here. We have the same issue on the other side, if you recall, on Black Cat, where EI Gato -- or Pine turned into EI Gato. De Weerd: Yeah, but you made that public; right? Nickel: We are making it public through our property. The existing private lane will remain to provide access to these parcels to the south. So, what one of the neighbors - - I believe it was Laura right here -- wanted to see was a fence on the south side to separate -- to separate her property or the properties here from the private -- or the public road. She does have some livestock that she was concerned about, so we did agree to -- to do that. De Weerd: So, you're building just half a road? Nickel: No, I believe we are building a full road length -- or width. De Weerd: So, you will build it so it is public. Nickel: Yes. Our portion will be public. De Weerd: Okay. Nickel: And, then, once these properties -- and I don't believe it's -- it's a half plus 12, it's not a full section, but it's wide enough to be accepted by the highway district. Once the parcel to the south develops, they will build an additional 12 feet and they will take direct access off that and that private road will go away. De Weerd: So, how wide will it be? Nickel: It's a half -- half section, plus 12 feet. So, it's 24? Looking back at my -- 30 feet total. Total width of asphalt in a public right of way. De Weerd: So, that is not including the sidewalk? Nickel: Not including the private road. That is including the sidewalk. De Weerd: So, it's 30 feet, including sidewalk? Nickel: The sidewalk is -- excluding the sidewalk. The sidewalk is in our right of way, but it's exclusive of the 30 feet. Meridian City Council • March 21, 2006 Page 27 of 50 De Weerd: Okay. So, it is 30 feet of pavement? Nickel: Right. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Thank you. Nickel: Okay. Thank you. 9 De Weerd: I do have one other person who has signed up as neutral. Laura Wilder. Do you want to provide testimony, Laura? If you will just state your name and address for the record. Wilder: Laura Wilder. 3401 West Pine Avenue. Madam Mayor, this may surprise you, but I don't really have much to say. Council members. I think most of my questions have been answered. I just -- we talked at Planning and Zoning about the road. I know it's probably not ideal, but our point about the fence, it's not just about the livestock, those of us that live on the private road -- and not just myself, the other neighbors, we want to keep pedestrian traffic off of our private lane. We feel that with the high density housing, it's going to be an attractive walking path to people, but we have livestock in adjacent areas and it's not just our family, but others, and for their safety and protection and to prevent issues for us, we want to make sure that there is adequate fencing between their development and our private road. And so I would like to see that stay as a condition. And also I would urge you to also require the applicant to comply with the Unified Development Code. I think the intent of the city is to provide those enhancements to multi -unit housing and I think it's very important, because that includes on -sight management and we appreciate the efforts the applicant has made to improve the appearance of the buildings and comply otherwise. So, I think, you know, we are trying to work together as neighbors, but the road is an issue and that's a little bit of clarification about why that fencing is so important. De Weerd: And you liked the pink highlighting on the building? Wilder: Not especially. And, you know, you have seen me before, I'm not thrilled about this, but, you know, we have accepted the fact that Meridian is changing and we just want to try to, you know, make the development fit as best as possible with the neighborhood and those buildings are going to be right up against our property and I will be looking at the back of them. At least the pink was on the front, so -- I appreciate that. So, that's all that I have. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Thank you. Shawn, do you have any concluding remarks? Meridian City Council March 21, 2006 Page 28 of 50 Nickel: Thank you. Again, thanks to Mrs. Wilder for that. And just so she understands, the pink was just to represent that that will be an area that will have brick or rock. De Weerd: She knew that. Nickel: But it will be all around this project, not just on the front. So, no pink. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Questions for Shawn. On the entryway off of Ten Mile, is your proposed private road going to share the access onto Ten Mile or are you going to have two adjacent points of access and who is going to have the right of way when there is two cars sitting side by side wanting to enter onto Ten Mile, if that's the case? Nickel: I'm going to have my engineer address that, because he looked into that issue. Bailey: David Bailey, Bailey Engineering, 1500 East Iron Eagle Drive in Eagle. What we did is ACHD has complete or fairly complete plans for the intersection of Ten Mile and Pine Street and so we used their plans to align our access here and the developer has actually purchased additional property from the original property from Mr. Shawl, who is on the comer there, so we could make the access align properly with Ten Mile. The highway district is also acquiring some right of way further to the south of that, but what will happen is that -- you can see that road comes in and curves a little bit and, then, you can see at this point here we have a place where it comes off of here, off of our property, and back onto that private lane that goes through that area there. So, that was the intent of that, to provide them their private lane in substantially the same condition they had it before, but without causing a traffic problem on Ten Mile. Rountree: Thank you. Nickel: Thank you. De Weerd: Okay. Thank you. Rountree: I have another question. De Weerd: Yes. Rountree: Madam Mayor. I don't see any pedestrian provisions or access to the school, so we have a fairly high density residential development, probably a lot of kids, and they are going to have to be bused to the school that's right across the Ten Mile Creek. Or be inclined to try to get through there to get to school when they are late. Meridian City Council March 21, 2006 Page 29 of 50 Nickel: Councilmember Rountree, I think that was one of the reasons that you're Planning and Zoning Commission wanted us to provide that easement for that pathway to continue here. The safer route would be when Pine Street does connect -- if you recall, in Castlebrook -- I believe it was in Castlebrook. And also in Chesterfield -- Chesterfield -- I can't remember these names anymore. The subdivisions. We did provide a pathway and there is a bridge across the canal into the park and into the school and that's how we envision, once this property develops right here, to continue the pathway out of Castlebrook to go up, cross that, and access the park and the school. That's how we see that. Or we would also provide that access right here and see how this property develops to the west, so -- De Weerd: You really think kids are going to walk clear over there to -- I'm song. I have kids and -- Nickel: Well, if they walk. I mean if they are not, they are -- they can also walk up Ten Mile or they can -- I mean I don't know -- Bird: They are going to take the shortest route. Nickel -- your snickers. We are not proposing a bridge right directly to our north, so I don't know how to address that. Rountree: You answered my question. You're not contemplating anything, so -- thank you. De Weerd: Thank you. Nickel: Okay. De Weerd: Okay. Council, you have heard the concluding remarks from the applicant. What would you like to do? I guess while the Public Hearing is still open I will give you my two cents worth. It's been so worthwhile today. I think what Councilman Rountree just asked was very eye opening. You're almost going to be creating an attractive nuisance with the school right across the drainage creek and since I live on a golf course that had an easement that no one was supposed to walk on, because it crossed a fairway, and there is kids that lived on the other side and the elementary school was, then, on the north side. Those kids walked across that easement and it just becomes this attractive nuisance. They are not going to walk one mile to get three blocks. And I can't see that any kids that would be located on that site would walk anywhere else, down the street, then, across the drainage creek, then, through the park over to the school, when they are located right across from the school property. You're going to have kids going through that empty drain -- and I don't think it's always empty. I think there is water in it at all times. And so it is going to be -- whether you have a fence there or not, it is going to be an issue. And I think until you approach the school and see if there is any way that you can find a solution, I think you're creating an accident waiting to happen. Meridian City Council March 21, 2006 Page 30 of 50 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing that we are still open, I think Mr. Nickel wants to respond. De Weerd: Oh, well, hi, Mr. Nickel. Go ahead. Nickel: Madam Mayor and Council Members, thank you. If that is a concern, I guess I didn't understand the -- where the question was going. We did not look into providing an access. We definitely can -- I am thinking about the problems that we had dealing with the irrigation district on the crossing and the pathway that we had in Chesterfield. However, I do understand what you're saying. We are planning on fencing the drain. If you would like to make it a condition that we pursue working with the school district -- I don't think the school district is going to have a problem, I think it's the irrigation district that we would have the problem. So, yes, we would definitely be willing to put a path and a bridge across the drainage, provided that the irrigation district will work with us. So, I don't know how you want to -- if you want to make that a condition and ask us to get either permission or provide documentation that they will not let us cross their drainage. De Weerd: I appreciate that. And I would think that the city should be part of that discussion. My concern is -- and it should be the concern of the drainage district -- is that it would be to their advantage liability -wise, I would think, too, to find a solution, because if there isn't, those kids will go there one way or another. And you would think that the irrigation district would rather find a safe route than risk the creative routes that kids will find. Nickel: And one further thing, Madam Mayor. If you could -- and I know we would have no problem with this, but if you could direct staff to help coordinate that, I think meeting with the irrigation district with a member of the city would probably be helpful for us to obtain that, rather just the developer going in and asking for that. De Weerd: Okay. Nickel: So, thank you. De Weerd: Any other questions while the applicant is up here from Council? Okay. Thank you, Shawn. Oh, additional testimony? If you would, please, come forward. Thank you. If you will, please, state your name and address for the record. Jensen: Faith Jensen, 3720 West Pine Avenue. De Weerd: Thank you. Meridian City Council • • March 21, 2006 Page 31 of 50 Jensen: Our land borders the site and -- on the west side and I would like clarification and what kind of fencing we are going to have on that side, because we have livestock and whatnot. So, I would just like to know what kind of fencing is going to be on that site to keep kids out and livestock in and -- De Weerd: Okay. Thank you. Before we ask you to respond, is there any additional testimony on this application? Yes, sir. Jones: I really didn't come for this, but -- De Weerd: If you will, please, state your name, first, and your address. Jones: My name is Charles Jones. I live at 4040 West Victory. De Weerd: Thank you. Jones: And I'm also the president of the homeowners association for Parkside Creek. De Weerd: Uh-huh. Jones: And my concern is -- I'm not against this, but I do have lots of kids that play in the park and we do have a problem with them wanting to get in the canals. So, I can see where you have a bunch of kids living in that park -- or that area, they are going to go across that canal. And I would just hate to see some day in the newspaper somebody drowns in that canal. So, I'm just concerned about that. De Weerd: Thank you, sir. And we hope that the developer, if the Council puts that condition on, will address that. Okay. Shawn. Nickel: Madam Mayor, again, Shawn Nickel. We discussed with the Planning and Zoning Commission that being a chain link fence along that southern boundary. And, then, to address the gentleman's concern, we will do what we can to -- I mean if we can get the crossing to work with the irrigation district and try to make it as safe as possible, so -- I mean I know we can -- we are going to fence it six-foot chain link. You are correct, if kids want to get over it, they can, but we do have a crossing and we want to make sure -- or try to have it as safe as possible, so kids can't have that access to the school without it becoming a nuisance. So, we will work on that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Shawn, on the fencing, the chain link fencing, is that going to be on the north side of the road or is it going to fence in the public road? Meridian City Council • • March 21, 2006 Page 32 of 50 Nickel: Madam Mayor, Councilmember Bird, it will be on the south side of our public road between the right -- at the edge of the right of way next to the private road. Bird: The private road. Okay. Thank you. De Weerd: Shawn, did you talk with the neighbors about the type of fencing and that sort of thing? Nickel: I think we can work that out with them. I don't see any problem. Hood: Shawn? Madam Mayor? I think she lived on the west side, so she's more concerned about the fencing along the western boundary of your site. Is that also chain link? De Weerd: Yes, she's on the west side. Nickel: Oh, you're over here? De Weerd: No. Laura is down on the south and -- Nickel: Oh, I'm song. You're up here. Okay. So, her question was the type of fencing on her -- of her boundary. We haven't discussed that. I will -- I don't know what the developer is planning for that. It can be a vinyl fence. We can do vinyl. It would be more attractive if it was a vinyl -- six foot vinyl fence. That's typically what we do in these developments, unless there is a problem -- if there is a ditch over there and she bums or anything like that, we can work that out with her, but -- De Weerd: And, generally, I guess livestock and vinyl are not real compatible. So, yeah, you will need to work that out with the neighbors. Nickel: I don't see a problem with working with them. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Shawn, in light of the fence question, but also back to this access to the school site, for me that issue is fatal to the viability of this project as to whether or not there is proper and safe -- a proper and safe ability to provide access to that school site. I went to elementary school here in Boise next to a canal and we jumped it, jump into it. Shouldn't have. I mean -- and it was really really fun. And that's what they will do and everyone's right, we all know it. That scares the heck out of me. So, I guess my question to you is would you rather have this delayed to allow you to have those conversations -- I mean that's my inclination is to have those conversations and also discussion the fence issue on the western boundary. I mean that's -- Meridian City Council • • March 21, 2006 Page 33 of 50 Nickel: Madam Mayor and Councilmember, I'd rather have it delayed than denied. So, if you don't feel comfortable with a condition, then, you can postpone it and we will try to get an answer from the irrigation district. I prefer a conditional of approval, but, again, you have to feel comfortable moving it forward. De Weerd: Anything further, Council? Bird: I have nothing. De Weerd: Okay. Thank you, Shawn. Okay. So, Councilman Borton, did you want to provide a motion to continue this? Borton: Madam Mayor, I would. But in light of the discussions today and the public comment and how public comment might be impacted, in light of what access may or may not be provided to the north to the school site, I'd move that items 12, 13, and 14, be continued to the next available date, unless the applicant has a ballpark figure as when that type of information could be provided. De Weerd: Caleb, do you have a best guess? Probably a month or more. Which irrigation district is this? Rountree: Nampa -Meridian. De Weerd: Oh. Maybe six months. Borton: Perhaps April -- April 25th, perhaps? Hood: Yeah. Five weeks should probably work. Borton: April 25th to allow the applicant to provide specific information and designs, their access to the north to the school site, and also respond to try to figure out whatever issue we have addressed on the western boundary. Wardle: Second. De Weerd: The motion is to continue Items 12, 13, and 14 to April 25th, 2006. All those in favor say aye. Any opposed? Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: VAR 06-006 Request for a Variance to UDC 11 -3B -7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone for Destination Place Pump House by Ray Hallett — 2100 East Overland Road: Meridian City Council • • March 21, 2006 Page 34 of 50 De Weerd: Thank you. Item 15 is Public Hearing VAR 06-006. 1 will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This is the infamous Irrigation Pump House Station in Destination Place, which you may also be more familiar with the theater -- the newly constructed theaters between the interstate and Overland Road. If you look, that little dot right there is the subject site. Nampa - Meridian has purchased a lot and block in Destination Place. They constructed a 12 -by - 12, 1 believe it is -- roughly 12 -by -12 structure housing their irrigation stuff and there is weirs and things that go down into the ground pretty deep. We noticed the applicant or CSHQA of the landscape buffer on Overland Road and, then, encroachment -- there is a subsequent alternative compliance request that CSHQA submitted to the city. We denied the alternative compliance request and now you have a variance request to allow, basically, the same materials and to allow the irrigation facilities to continue functioning in its current state and just modify the structure that's basically housing them and I will get to those pictures in a minute. So, there you can see the movie theater and, again, the pump house is right there today. Here is the proposed landscape plan to go around the existing irrigation pump house. I guess I'm going to just jump right to the pictures, because I think they did a really good job of rendering how this is going to look if you approve their variance request to allow encroachment — about -- it's about six feet into the 25 -foot wide landscape buffer. If you look at how the grass is cut here, that would be where your full 25 feet is out to the sidewalk on Overland Road and so it, basically, goes almost right in the middle of the pump house. The applicant is proposing to take it from this existing state to the proposed state and provide -- up to four feet would be a maximum of 48 inches tall from grade and, then, screen it off with the shrubs as shown here and, again, on the landscape plan that's kind of the top view of their landscape plan. Staff is recommending approval of the variance. You do have the attached findings in the staff report and I would stand for any questions that you may have. De Weerd: Council, any questions? Okay. Does the applicant want to make any comment? If you will state your name and address. Hallett: Hi. My name is Ray Hallett. My address is P.O. Box 30, Sunnyside, Washington. De Weerd: We don't recognize you, Ray, without your friends. Hallett: I'm song. I brought the invisible man, but you'd never pick him out. Thank you. I just really wanted to come up here and use my laser pointer bought just for this, so I just wanted to, you know, feel important. This hand represents the rock, this hand represents the immovable object and I'm struck between them. So, this is trying to fix something that should never have happened, but due to the circumstances, different agencies and quirks of the various codes, no building permit was required for this structure, because of its small size and so because we didn't have to get a building permit, we didn't catch the lot line irregularity. There is, apparently, an exception in Meridian City Council • March 21, 2006 Page 35 of 50 0 code to -- for small structures that a permit isn't required, which I think may change in the future, hopefully. I'm not in favor of a lot of permitting, but, on the other hand, this has a 15 foot deep cistern underneath that area right there where the water goes from this weir box structure -- this is the weir box. This is the diversion box. They are labeled backwards here, I think, but, at any rate, the water comes out of here, goes into there, and has two discharges. These manholes represent the tiled pipe which comes along the front of Overland here and this way and they come in here and, then, go back along the line and go underneath the freeway to the north. Nampa -Meridian expressed to us their sincere wish that this structure be located at the confluence of the discharge point and the delivery point, so that if the power was out on the pump and they had a delivery that the overflow will go directly into the discharge and go to waste. So, we did that, believing that was a requirement. It turns out if it had actually been a requirement, we probably wouldn't be here, but because later they backed away from the position of it being a requirement and instead made it into something that was highly desirable. The unit was constructed in the wrong spot. If you could go back to the photograph that shows the existing structure. As he says, the line is somewhere right along in here. And if we are unable to get a variance, our solution is we have to dig down 15 feet and demolish the weir structure and rebuild the weir box structure outside of the easement, because it's also an impervious surface, much like these structures here, there are metal grates on top of the existing weir boxes and the delivery boxes are impervious surfaces and that telephone junction box is an impervious surface and even this telephone pole right here is an impervious surface. We believed when we did this in good faith that this was simply another portion of the required irrigation system and this is the irrigation easement. We are smarter and wiser now. We will never do this again, I promise. But, at any rate, if we have to -- if we don't get the impervious surface exception, our solution is to pick this up, demolish everything, move it back six feet, and reconstruct it. It's a severe economic waste. The thing works fine as it is and it's going to have a very minor affect. The one difference I want to say with the staff report is that we have -- if you'll go back to the other slide that shows the greenery -- I don't want to mislead Council, it's our intention to put a 48 inch high box behind shrubbery, but there is yet another agency that's in this and that's the electrical commission and the electric meter that's required -- if you can go back to the one that shows the existing structure -- has to have its meter reading spot 60 inches above grade, so that a meter reader doesn't have to stoop to read it. So, that means that we are probably going to have some slight protrusion where that electric meter is and so it's our intention to leave the electric service exactly where it is, supported on a unistrut and, then, build the -- or use the new metal structure -- it would be like an electrical switching vault back behind and just pipe the pipe back behind. So, you will have -- I'll paint it green. I swear to God, I will paint it green, except the little window. Can't touch that. But that will end up having to stay there and it will be higher than 48 inches, so I don't want you to think we misled you. It's probably going to be 66 inches for that little distance. I hope you find your way to do this. It's 60,000 dollars to move this thing and that's an economic waste. As it is we can bring it down for about 15,000 dollars, so, hopefully, if you have any questions be glad to answer them. De Weerd: Thank you, Ray. Council, any questions? Meridian City Council • March 21, 2006 Page 36 of 50 Bird: I have none. Rountree: Madam Mayor, I have a question for Brad. De Weerd: Okay. Rountree: My recollection is is due to the urgency of getting this project underway, that the platting and everything as it related to the infrastructure on this site were not complete when the applicant came and made the case to go ahead and advance the work to get the theater open and the comment -- the Council's position was, okay, but as you develop on the rest of this site, you do it at your own risk, in terms of the final platting and the installation of the rest of the infrastructure on the parcel. Am I poorly recollecting what went on? Does that in any way apply to this? Watson: Councilmember Rountree, Mayor, and Councilmembers, somewhat that applies. What we ended up doing was allowing them to proceed with the one time building permit for the theater and the rub came several weeks later when they wanted to install all of the infrastructure throughout the future subdivision at the same time. The question came to you whether -- if you could override me to allow that and I recommended against it, you agreed with me, thankfully, and so they were allowed to proceed with the infrastructure that was needed only for the theater and, then, come back with the subdivision plans associated with the plat. I'm not sure that this really played into that particular issue precisely. Rountree: I just wanted to make sure, because it's been awhile, you know. Watson: For me, too. De Weerd: Yeah. And it didn't. Rountree: Okay. Okay. De Weerd: Okay. I just -- we have gone over and over this and appreciate -- Ray, unfortunately, was kind of brought in in the 12th hour and so we do have this in front of you tonight. Okay. Is there anyone -- I'm sorry. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Any final comments? Hallett: Just to allay Councilman Rountree's concerns there. Actually, this -- this, actually, originally wasn't even on its own parcel and much -- months after the theater was complete Nampa -Meridian insisted it had to be on a dedicated lot and so the two lots that we had in the front were moved, one became this little pad as part of this second subdivision process and that's when this came about. It's straddling the line. It, really, had nothing to do with the theater, though. Except to supply water to the theater. Thanks. Meridian City Council • • March 21, 2006 Page 37 of 50 De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor, I'm just -- I'm just envisioning the little electrical box and I'm thinking if you painted it silver and put some eyeballs on it, the kids would think there was a robot sticking up there. I'm sure that's what my kids would say when we drive by it. De Weerd: You could make it look like ET or Harry and the Henderson's and since those were the friends that you brought with you last time. Darth Vadar would be good, too. Mr. Wardle. Wardle: Hearing no further comment, Madam Mayor, I move that we close the Public Hearing on Item 15. Borton: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 15, VAR 06-006. Borton: Second. De Weerd: Okay. Motion to approve Item 15. If there is no further discussion -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just looking at the wording here, one can purchase vegetation that's in the four foot range at this point, as opposed to a one gallon potted plant that's going to be six years to get four foot. Is it the intention of approval of this that the landscape be done in such a way that there is an immediate relief? Wardle: I would include that in my motion. Borton: Second agrees. Rountree: Thank you. Meridian City Council • March 21, 2006 Page 38 of 50 0 De Weerd: Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: AZ 05-064 Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. — south of 7 est Overland Road and west of South Stoddard Road: Item 17: Public Hearing: PP 05-064 Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision by Tuscany Development, Inc. — south of West Overland Road and west of South Stoddard Road: De Weerd: Thank you. Okay. Items 16 and 17 have been requested to continue to April 4th, due to needing to be heard at the same time as the variance. Okay. So, Council, I would need a motion. I will open the two public hearings on Items 16 and 17, AZ 05-064 and PP 05-064, and ask for Council -- Bird: Madam Mayor? De Weerd: Yes. Bird: I move we continue the public hearings for AZ 05-064 and PP 05-064. Rountree: Until? Bird: Until April 4th, 2006. Rountree: Second. De Weerd: Okay. The motion is to continue Items 16 and 17 to April 4th, 2006. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AZ 06-001 Request for Annexation and Zoning of 4.99 acres from R2 to a R-4 zone for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane: Item 19: Public Hearing: PP 06-001 Request for Preliminary Plat approval of 16 building lots and 2 common lots on 4.99 acres in a proposed R-4 zone for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane: Meridian City Council • March 21, 2006 Page 39 of 50 Item 20: Public Hearing: VAR 06-001 Request for a Variance to exceed the maximum cul-de-sac length of 450 feet for Buckeye Place Subdivision by John Fackelman — east of Black Cat Road and south of Cherry Lane% De Weerd: Items 18, 19 and 20 are public hearings AZ 06-001, PP 06-001 and VAR 06-001. 1 will open these three public hearings with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. The subject application is for Buckeye Place. It is located on the -- located east of Black Cat Road and south of Cherry Lane. It is an in -fill parcel right in the middle of some existing subdivisions here, is the subject property, five acres that is proposed for development. As you mentioned, they have applied for annexation and zoning, preliminary plat, and a variance and that variance request is for the block length. As you can see here, there is not much else they can do with their block. There is a stub street from the north, but there is nowhere to stub that to. You have got the canal that kind of runs along the west and south boundary and an existing subdivision to the east. So, that's what the variance request is for. There are six single family residential lots being proposed. The density proposed -- or the density is 3.21 dwelling units per acre in the R-4 zone. There is one common lot. At the Commission meeting on February 16th they did recommend to -- recommend approval to this body with no changes. There were -- Mark Goins did show up in opposition. Josh Wilson is the planner on this project. I did want to let you know that we also received a letter after the Planning and Zoning Commission meeting. These folks stayed and it was getting to be a late hour and they just wanted to have their concerns on the record. So, this is from the president and vice-president of the Blackstone homeowners association and they have some concerns in that letter dated February 23rd over traffic and safety, construction traffic, and overall just vehicular new residence and the one entrance into the site. They have a better map and maybe I will put that on the overhead for you, but I did just want to go on record saying that we did receive that letter from them as well with a couple of concerns. The Commission did not make formal recommendation to the Council on this application, as you are the one and only final decision makers of the variance application. So, with that information I think I will stand for any questions you may have at this time. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Harris: Good evening, Madam Mayor, Members of the Council. Kevin Harris. Business address 1800 West Overland Road. I really have nothing else to add from your staff comments. We agree to the conditions set upon us. The letter from the homeowners association talked about adding some speed bumps through their subdivision. Unfortunately, that's out of our hands, that's ACRD. If ACHD deems that necessary, Meridian City Council • March 21, 2006 Page 40 of 50 you know, I think that they will do that. With that I'd stand for any questions from you guys. De Weerd: I know our fire department loves speed bumps; right? Mr. Rountree. Rountree: Madam Mayor. Your plat indicates access to the south into Fuller Park? Harris: Correct. Rountree: Was that a pedestrian pathway? Vehicular pathway? Is it proposed for a sewer easement? What all is going on there? Hams: Absolutely. Our connection point for our sewer is through that easement there. They are putting a new sewer line along the canal and that is where we have to tie into sewer and it will be a ten -- either an eight or ten foot pedestrian pathway a top of that, not vehicular. There will be an easement for maintenance of the storm drain pond or retention area to ACHD over that, too. Rountree: Would you be surfacing that facility all the way to the current surface in Fuller Park? Harris: Absolutely. Rountree: Okay. De Weerd: Okay. Any other questions? Rountree: That's all I had. De Weerd: Okay. Hood: Madam Mayor. De Weerd: Yes. Hood: Councilman Rountree, I did also just want to point out the applicant is actually dedicating this small piece to the Meridian parks department here right in the comer. If you can kind of follow the existing pathway, it cuts right here in the comer and they are dedicating -- it's not -- the square footage isn't very much. It looks like it's 225 square feet, but it's really going to help that radius around the comer of their property, I did just want to point that out as well that that will be dedicated to the Meridian parks department. Rountree: Madam Mayor, if might comment. That isn't the City of Meridian's property. It's Western Ada Recreation's property. Meridian City Council • March 21, 2006 Page 41 of 50 Hood: Madam Mayor, Members of the Council, if I may. You're right. From right here everything back to the park is West Ada Recreation. The pathway, though, here north it's my understanding is owned and maintained by the Meridian parks department. That's my understanding. Rountree: Madam Mayor, I think we need to check that. I know there is an agreement to maintain it with the city, but it was my understanding that the property was still owned by the homeowners association. De Weerd: And that's Blackstone; right? Rountree: I don't know. Madam Mayor, just a point that needs to be clarified who gets what and how much and so we don't create anymore bureaucratic levels of coordination that don't need to take place. De Weerd: That's always appreciated. Harris: We -- I guess Planning and Zoning and our understanding was it was the city's property. If it's not, we will -- I guess homeowners maintain it and just have an easement across there for the pathway, if that's what it takes. Rountree: You're going to make it happen? Harris: Absolutely. Rountree: That's the important part. De Weerd: That's the right thing. Okay. Anything else, Council, for the applicant at this time? Okay. Harris: Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Since one party is not here tonight, probably not. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I do have a question for the applicant real quick. Mr. Harris, in regards to the variance request, the way I look at this plat, if the cul-de-sac extension is not required, will you be unable, then, to access those southern most properties? Harris: Yeah. How they measure that is from the intersection here down 450 feet and that would put the end of our cul-de-sac, you know, probably in this area here and we Meridian City Council a March 21, 2006 Page 42 of 50 can't get the proper frontage on the cul-de-sac with the cul-de-sac being that far up to the north. Borton: Okay. Harris: And that's why we have to ask for the variance. Borton: Okay. De Weerd: Okay. Anything further, Council? Rountree: I have none. De Weerd: Okay. And seeing there is no further public testimony -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 18, 19 and 20. Bird: Second. De Weerd: Okay. The motion is to close the public hearings on 18 through 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Do we have to act on the variance first? Bird: No. De Weerd: No. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 18, annexation AZ 06-001 for Buckeye Place Subdivision. Bird: Second. Rountree: And prepare findings. Bird: And prepare findings. Yeah. Meridian City Council March 21, 2006 Page 43 of 50 De Weerd: All of that mumbling was -- Rountree: To prepare findings. De Weerd: Okay. The motion is to approve Item 18. If there is no discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 19. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, PP 06-001, preliminary plat. Bird: With findings. Rountree: With findings. Bird: Second. De Weerd: Okay. The motion is to approve Item 19. Seeing there is no discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES.. De Weerd: Okay. And Item 20. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we approve the variance request VAR 06-001. Bird: Second. De Weerd: Okay. The motion is to approve Item 20. If is there is no discussion, Mr. Berg. Meridian City Council • March 21, 2006 Page 44 of 50 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Continued Public Hearing from March 14, 2006: New fees and modification of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan reviews: De Weerd: Thank you for lasting through the end of our meeting. Item 21 is a continued Public Hearing from March 14th, 2006. Mr. Watson. Watson: Thank you, Madam Mayor and Council Members. It's good to be here. Sony I couldn't answer the question earlier. The first item here is a proposed update to our review and inspection fees. These fees were first implemented and adopted in 2002. Those fees served us quite well for several years. Those of you who were here at the time may recall that the goal -- am I still on? The goal was to recoup around 40 to 50 percent of the operating costs of what was called the Public Works Department, which I call Engineering Development Services. We did discover that the fiscal year'05 we had slipped down to about 25 percent on those fees, so an update was necessary. And I'll try to be brief on this. There are, in general, just a couple things to point out. The review fees will be going up -- or I propose to go up. The inspection fees would go down. The net effect is that for most projects, without lift stations, that have a single review, that are of good quality, the total fees will be reduced. Those projects that have multiple reviews and are of lesser quality, those fees will go up. There are a couple new fees that we are proposing. One is a re -review fee for subdivisions. That was implemented for commercial, but not for subdivisions, almost four years ago and the new fees are, actually, these four following. Just four. Preliminary plat, water and sewer, model updates, which, actually, helps the whole community by providing -- or allowing us quicker modeling response times, flood plane review when subdivisions or commercial projects come in that are built within the flood plane or flood way -- well, not the flood way, but proposed in that vicinity. Master grading and drainage plans for subdivisions. Those have been cropping up as a requirement of particular subdivisions. We haven't had a tool to implement a fee to review those. So, that's taking care of that task. And, then, a subdivision grading and drainage plan, which is different than the master grading and drainage. The subdivision grading and drainage is when a commercial project comes in, builds everything, except the pads. We don't have a mechanism to charge for that review and inspection. Also, one of the areas that might see a slight increase in fees are the small commercial projects. We have discovered that those take quite a bit of time, just like a bigger project. In fact, sometimes they are more than a big project. So, unfortunately, some smaller commercial projects will see a moderate increase in fees, but if you will look at the examples that I provided, under the existing system the fees for really small projects was in the neighborhood of -- I will say 734 dollars. Under this new system it would be 780. So, it's an increase, but compared to some of the big projects it's not huge. I would like to propose an effective date of May 5th on these new fees, if you are inclined to approve them. That would give us a Meridian City Council • March 21, 2006 Page 45 of 50 month to get the word out on the street, post it on the web, and make a clean break. And with that I will stand for any questions. Thank you. De Weerd: Council, any questions for Brad? Bird: I have none, Mayor. De Weerd: I don't hear any questions. Rountree: Madam Mayor, just a comment that, again, I appreciate staff keeping fees current and -- I know that's something that we have been striving to do for a number of years. It's good to see that we continue to do it and I think it's one of the many reasons, but a big reason why we are successful in our programs. De Weerd: Thank you. Rountree: Having said that, if there is no further discussion, I move we close the Public Hearing on Item 21. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 22: Resolution No. 06-058 . Fee Schedule for Public Works Department Development Plan Reviews, Inspections, Site Plan and Development Plan Reviews: De Weerd: Item 22 is Resolution No. 06 -- Bird: Don't we have to pass on that first and then -- De Weerd: Isn't that what this next one is? Bird: Oh. Okay. The resolution there. Okay. De Weerd: Item 22 is Resolution No. 06-058 for the fee schedule for Public Works. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 06-058. Meridian City Council • March 21, 2006 Page 46 of 50 Bird: It's just 508. Rountree: It's 508? Rountree: 508. Dyslexic. Okay. De Weerd: Do I have a second? Bird: Second. LJ De Weerd: Okay. I have a motion and a second to approve Item 22, Resolution No. 06-508. Is there any discussion? Hearing none, Mr. Berg. Berg: Madam Mayor, Members of the Council, just as a clarification, that Brad wanted these effective May 1st, so that would be added to the resolution as noted. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 23: Public Hearing: 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 water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: De Weerd: Thank you. Item 23 is a Public Hearing as well. I will open this Public Hearing with staff comments. Watson: Thank you, Madam Mayor, Council Members. I forgot to mention during the previous Council -- or Public Hearing that both of these proposals were sent to the Building Contractors Association on February 9th, soliciting their input on these. I received nothing from them throughout this period. I called and left a message for their governmental affairs person today and did not receive a return call or an e-mail or a letter or anything. So, just to make you aware of that. The assessment fee proposal is an update to those that were adopted in October of '04 and made effective January 1 st of '05. This is just a normal update to those based on new calculations that use the same methodology that was used for the previous fees, just -- I'll just cut this short and tell you that there is a proposed four percent -- 4.6 percent increase in the water assessment fee and 6.6 percent increase in the wastewater fee and I will just answer any questions if you have them. Thank you. De Weerd: Council, any questions? Bird: I have none. Meridian City Council • March 21, 2006 Page 47 of 50 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Brad, I just -- in additional to what Councilman Rountree said, the fact that you send this stuff to the BCA for their comment, whether they have any or not, I think is awesome. Probably always done that, but seeing that happen I appreciate it. Watson: Thank you. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: If there is no further discussion, I move that we close the Public Hearing on Item 23. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 23. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 24: Resolution No. 06-509 Fee Schedule for Public Works Department Water and Wastewater Assessment, water Meters and Appurtenances and Water System Itemized Damages: De Weerd: Item 24 is a Resolution No. 06-509. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 24, Resolution No. 06-509. Bird: Second. De Weerd: Okay. There is a motion to approve Item 24. Is there any discussion? Mr. Berg, will you, please, call roll. Berg: Thank you, Madam Mayor, Members of the Council. And, again, this is an effective date of May 1 st of 2006. Meridian City Council • March 21, 2006 Page 48 of 50 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 25: Ordinance No. 06-1222 : AZ 05-059 Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School Ball Field and Technical Center by Hummel Architects, PLLC — 2090 West Pine Avenue: De Weerd: Okay. Item 25 is Ordinance No. 06-1222. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1222, an ordinance for annexation of property located in a portion of the northeast quarter of Section 11, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Okay. You have heard the reading of this ordinance by title only. Is there anyone who would like to hear it read in its entirety. Seeing none -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Seeing how Frank don't want to read that in its entirety, I move that we approve Ordinance 06-1222 with suspension of rules. Rountree: Second. De Weerd: Okay. Motion is to approve Item 25. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345(1) (c) To acquire Meridian City Council • March 21, 2006 Page 49 of 50 an interest in real property which is not owned by a public agency and (f) To consider and advice its legal representatives in pending litigation or where there is a general public awareness of probable litigation: De Weerd: Okay. Item 26 is an Executive Session per Idaho State Code 67-2345(1) (c) and (f). Bird: So moved. Rountree: Second. De Weerd: Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would accept a motion to come out of Executive Session. Wardle: So moved. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Bird: Are you going to make that motion? Wardle: Yes, sir. I need, again, the name of the — Mr. Nary? Nary: The party that has filed a claim with the city is the Clean and Fresh Carpets. Wardle: Madame Mayor. De Weerd: Yes, Mr. Wardle. Wardle: I move we authorize staff to work with Clean and Fresh Carpets to authorize them to release funds in the amount not to exceed $2,259.00. Bird: Second. De Weerd: Okay, there is a motion to do as stated. Meridian City Council March 21, 2006 Page 50 of 50 Wardle: Is that good enough Mr. Nary? De Weerd: Okay, Mr. Berg will you call roll? Roll Call: Wardle, aye; Bird, aye; Rountree, aye; Borton, aye. ALL AYES. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:21 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TA POPA° -FTTESTE !PolBIIAA r1 LJ 4- i 4-- i ®60 DATE APPROVED G. BERG JR(° CITY CLERK March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of February 21, 2006 City Council and Eagle City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of March 7, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 17,2W6 VAC 06-002 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Brenda Estates HOA ITEM NO. 5-C REQUEST Resolution — Request to vacate sewer and water easements within Lot 15, Block 1 Brenda Estates Subdivision — west of Ten Mile Road and north of Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfiached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAMNAVARRO AMOUNT .00 ; • BOISE IDAHO 03/30106 02:02 DEPUTY Nava RECORDED - REQUEST OF Meridian City 10604047 CITY OF MERIDIAN RESOLUTION NO. a 6 ®�� 6 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING A PORTION OF THE WATER AND SEWER EASEMENTS LOCATED IN LOT 15, BLOCK 1 OF BRENDA ESTATES SUBDIVISION, LYING IN THE NORTH % OF THE SOUTH % OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 14, 2006, the City Council of the City of Meridian, held a hearing on the vacation of a portion of the water and sewer easements located in Lot 15, Block 1 of Brenda Estates, lying in the North V2 of the South %Z Section 3, Township 3 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a portion of the water and sewer easement located in Lot 15, Block 1 of Brenda Estates Subdivision, lying in the North %2 of the South %2 of Section 3, Township 3 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF WATER & SEWER EASEMENT IN BRENDA ESTATES SUB Page 1 of 2 • • PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20'day of %I AiG G� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ';�l fj day of %i Ag eik , 2006. ATTEST: CITY CLERK STATE OF IDAHO, ) ss County of Ada ) e,�og1``,Of tg19881111/ T� � o LT,77 Nq ou dldlei 80449®�� de WEERD On this Q 1 S+ day of fj QJ -0--% , 2006, 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. FOR IDAHO RESIDING AT: j tUd U X-Lj, I p MY COMMISSION EXPIRES: 10-11 -11 VACATION OF WATER & SEWER EASEMENT IN BRENDA ESTATES SUB Page 2 of 2 • exA; h/ -� 0,40 ADA COUNTY RECORDER J. D VID NAVARRO AMOUNT .00 • BOISE IDAHO 03130(06 02:0 DEPUTY Neava Haney III I'IIIII'll'IIIIIIIIIIIII'111 II IIII RECORDED -REQUEST OF 1��454 r Meridian City CITY OF MERIDIAN RESOLUTION NO. &7b-® 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING DRAINAGE AND IRRIGATION EASEMENT LOCATED ON LOTS 1-6 BLOCK 27, LOTS 1-7 BLOCK 28, LOTS 1-7 BLOCK 29, LOTS 1-7 BLOCK 30 OF QUENZER COMMONS SUBDIVISION NO. 9, IN THE NORTH % OF THE SOUTHEAST % OF THE SOUTHWEST 1/ OF THE NORTHEAST % SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERICIAN, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 14, 2006, the City Council of the City of Meridian, held a hearing on the vacation of a drainage and irrigation easement located on lots 1-6 block 27, lots 1-7 Block 28, lots 1-7 block 29, lots 1-7 block 30 of Quenzer Commons Subdivision No. 9, in the North 1/2 of the Southeast 1/ of the Southwest % of the Northeast 1/ of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a portion the drainage and irrigation easement located on lots 1-6 block 27, lots 1-7 Block 28, lots 1-7 block 29, lots 1-7 block 30 of Quenzer Commons Subdivision No. 9, in the North %Z of the Southeast 1/ of the Southwest 1/ of the Northeast 1/ of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, VACATION OF DRAINAGE & IRRIGATION EASEMENT-QUENZER COMMONS NO.9 Page 1 of 2 • Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20%day of M �i� �i� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2l S� day of 2006. ATTEST: CITY CLERK STATE OF IDAHO, ) ss County of Ada ) de WEERD On this1h day of MUC-% , 2006, 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. .• M. G'• •ti -�"OTA ��, l LL&J (S>AG OTARY PUBLLC,FOR S IDAHO p� ; RESIDING AT: Cd -J& % • MY COMMISSION EXPIRES: e 1 �•?:; OF 11)ONN VACATI01�1V� MAINAGE & IRRIGATION EASEMENT-QUENZER COMMONS NO.9 Page 2 of 2 • FXA?--4d- 401 v00095 }000011, a g s g o; LLI o =W }}Q LL. 0Z �a �U 3e a uj Z - z Q to O ofr LLJ a� w� Oa o�- ZM F O F U NCS �o WJ • FXA?--4d- 401 v00095 }000011, a g s g Dt I � -WWI WIVE ;rum { 13 a March 17, 2006 VAC 06-001 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Brighton Development ITEM NO. 5-D REQUEST Resolution -- Request for Vacation of a drainage and irrigation easement on Lots 1-6 block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, Lots 1-7 Block 30 of Quenzer Commons Subdivision No. 9 -- west of North Locust Grove Road and south of 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Resolution ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 03130/06 02:02 PM DEPUTY Neaua Haney III 1111111111111111111111111111 it IIII RECORDED—REQUEST OF 106048479 Meridian City CITY OF MERIDIAN RESOLUTION NO. &76 _ �lO BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING DRAINAGE AND IRRIGATION EASEMENT LOCATED ON LOTS 1-6 BLOCK 27, LOTS 1-7 BLOCK 28, LOTS 1-7 BLOCK 29, LOTS 1-7 BLOCK 30 OF QUENZER COMMONS SUBDIVISION NO, 9, IN THE NORTH % OF THE SOUTHEAST 1/ OF THE SOUTHWEST 1/ OF THE NORTHEAST % SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERICIAN, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 14, 2006, the City Council of the City of Meridian, held a hearing on the vacation of a drainage and irrigation easement located on lots 1-6 block 27, lots 1-7 Block 28, lots 1-7 block 29, lots 1-7 block 30 of Quenzer Commons Subdivision No. 9, in the North 'h of the Southeast 1/ of the Southwest 1/ of the Northeast % of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a portion the drainage and irrigation easement located on lots 1-6 block 27, lots 1-7 Block 28, lots 1-7 block 29, lots 1-7 block 30 of Quenzer Commons Subdivision No. 9, in the North V2 of the Southeast Y4 of the Southwest 1/ of the Northeast 1/ of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, VACATION OF DRAINAGE & IRRIGATION EASEMENT-QUENZER COMMONS NO.9 Page 1 of 2 Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A',. Section 2. That this Resolution shall be in fill force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z l day of /�[ r/ya-Ci�i.� , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21 OR day of — %-AII-GA' , 2006. ATTEST: CITY CLERK STATE OF IDAHO, ) ss County of Ada ) de WEERD On this? S'� — day of _Ma fe,. _ , 2006, 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. 0-••••••• Of IOTA �A.W1 OTARY PUBLW FOR IDAHO ■ RESIDING AT: ■ 4 ' MY COMMISSION EXPIRES: 10-11-11 • Ilk V'AC TIO D■• RAINAGE & IRRIGATION EASEMENT-QUENZER COMMONS NO.9 Page 2 of 2 I ,J Now . 4 C rrr r 9 *,r rte► 3WARM IN M E March 17, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Walker Homes March 21, 2006 0 VAR 06-007 ITEM NO. S -E REQUEST Findings for Approval — request for a Variance from UDC 11-2A-6 to measure street setbacks from the property line rather than the back of the sidewalk for Vallin Courts Subdivision — west of North Meridian Road and south of West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: Date: �� Phone:` Emailed: Staff Initials: /W Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVE MAR 16 006 City Of Meridian City Clerk Office c'f°i'r°.rayC> .,w h IDAHO s e aid 7'ra; L In the Matter of Variance request to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision Case No(s). VAR -06-001 For the City Council Hearing Date of: March 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE I of 3 • • 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. That the City has granted an order of denial 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 denial is subject to the Legal Description and the all in the attached findings in the Staff Report for the hearing date of March 14, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision is hereby approved. 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 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of March 14, 2006 By action of the City Council at its regular meeting held on the �7 l day of 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE 2 of 3 • COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD 0 VOTED__§� VOTED __V&, VOTED VOTED Y TIE BREAKER MAYOR TAMMY de WEERD VOTED M�,�'Ape IT de WE ?,D d 1 ATTEST: WILLIAM G. BERG, JR. C SLE Copy served upon: ✓ Applicaft t....... ►arra atae�� ✓ Planning Department ✓ Public Works Department ✓ City Attorney BY:Dated: 3-29 10(.p' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE 3 of 3 CITY OF MERIDIAN PLANNINOD ZONING DEPARTMENT STAFF REPORT FOR HERIING DATE OF MARCH 14, 2006 STAFF REPORT TO: FROM: SUBJECT: City Council Hearing Hearing Date: March 14, 2006 Mayor and City Council Josh Wilson, Associate City Planner OW6l giEy% 6k a x'76 2000 Vallin Courts Setbacks Variance City Of Meridian • VAR -06-007 City Clerk Office Request for a variance to UDC 11-2A-6 to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision, by Walker Homes. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-2A-6 of the Unified Development Code (UDC) which establishes that street side building setbacks shall be measured from the back of the sidewalk. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR -06-007) for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR - 06 -007 as presented in the staff report for the hearing date of March 14, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -06- 007 as presented in the staff report for the hearing date of March 14, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR -06-007 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: West of N. Meridian Road, south of E. Ustick Road NE %, Section 1, Township 3N, Range 1 W b. Owners Walker Homes, Inc. 880 Franklin Road, Suite 306 Meridian, ID 83642 Westminster Homes, Inc. 128 S. Eagle Road Eagle, ID 83616 Vallin Courts Setback Variance VAR -06-007 PAGE 1 CITY OF MERIDIAN PLANNIAM ZONING DEPARTMENT STAFF REPORT FOR AG DATE OF MARCH 14, 2006 c. Applicant: Walker Homes, Inc. 880 Franklin Road, Suite 306 Meridian, ID 83642 d. Representative: Greg Walker, Walker Homes, Inc. e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. See Exhibit A for a list of the properties included in the variance request h. Applicant's Statement/Justification: "Walker Homes and Westminster Homes are requesting that the front setbacks be measured from the property pins which are in front of the sidewalk instead of from the rear of the sidewalk. When I was in the process of buying Vallin Court Subdivision, I went to the Meridian Planning Department and asked them what the setback requirements were. I was told it would be from the pins since there was a 7 or 8 foot strip of grass between the street curb and the sidewalk. I then designed all of my single level patio homes to fit the building envelope. I made my decision as to the purchase of Vallin Court Subdivision based on the information I was given by the Meridian Planning Department. Therefore, I am asking for the front setback to remain from the property pins and not the rear of the sidewalk." 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- 5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 20 and March 6, 2006 c. Radius notices mailed to properties within 300 feet on: February 17, 2006 d. Applicant posted notice on site by: March 4, 2006 5. LAND USE a. Existing Land Use(s): Being developed as a residential subdivision b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Vacant land and residences, zoned RUT. 2. West: Proposed Crossfield Subdivision, zoned R-8. 3. South: Waterbury Park Subdivision, zoned R4. 4. East: Lansbury Lane Subdivision, zoned R-4. d. History of Previous Actions: AZ -03-036, PP -03-042, CUP -04-016, FP -04-079 (aka Salisbury Sub. No. 2) 6. AGENCY COMMENTS MEETING On December 30t, 2005 staff held an agency comments meeting. However, no comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 7. UNIFIED DEVELOPMENT CODE Vallin Courts Setback Variance VAR -06-007 PAGE 2 CITY OF MERIDIAN PLANNIN• D ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14, 2006 The following UDC sections are pertinent to this application: a. UDC 11-2A-5: Dimensional Standards for the R-8 District: Street Setback*** to Garage (in feet) Local 20 Street Setback*** to Living Area (in feet) Local 15 ***Measured from back of sidewalk 8. ANALYSIS 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured and can configure the buildable lots accordingly. The subject subdivision was approved under a previous development code and the method of measuring setbacks has changed through no fault or action of the applicant. Due to this, staff finds that the granting of the variance shall not grant a right or privilege that is otherwise allowed in the district, more specifically, it was allowed under the former zoning regulations. B. The variance relieves an undue hardship because of characteristics of the site; Under former Meridian City Code (MCC) Titles 11 and 12, front (street) building setbacks were measured from the front property line. The Unified Development Code (UDC), which was adopted on September 15, 2005, changed the measurement of setbacks to be measured from the back of the sidewalk. In a development with sidewalks that are attached to the curb, it is typical that the property line is located at the back of the sidewalk and the sidewalk lies within the right-of-way owned by ACHD (Ada County Highway District). In developments such as Vallin Courts Subdivision with sidewalks which are detached from the curb, the sidewalk usually lies upon the lots in the subdivision and is contained in a ACHD sidewalk easement. At the time of Preliminary Plat and Final Plat approval of Vallin Courts Subdivision, the front (street) building setbacks were measured from the property line, thus the lots were sized and configured with this measurement in mind. After the adoption of the UDC, the setbacks are measured from the back of the sidewalks, greatly reducing the size of structure that can be built upon the lots in the subdivision. The applicant, Greg Walker of Walker Homes, was informed by the Meridian Planning Department before he purchased the subdivision that setbacks would be from the property line and he took that advice in good faith when considering the purchase. Staff was unaware at that time of the changes that would be made to the development regulations for the City of Meridian and Mr. Walker was caught unaware by the new regulations when he applied to begin building homes within the subdivision. Due to this, staff finds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and how the lots within the subdivision were originally designed at the time of plat approval. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing setbacks to be measured from the property line will not be detrimental to the public health, safety, and/or welfare. Vallin Courts Setback Variance VAR -06-007 PAGE 3 CITY OF MERIDIAN PLANNING D ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14, 2006 9. EXMITS A. List of Properties included in the variance request B. Legal Description C. Required Findings from UDC (Variance) Vallin Courts Setback Variance VAR -06-007 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR AG DATE OF MARCH 14, 2006 Exhibit A: List of properties included in the variance request Inrestminister Hames, Inc. Vallin COurEs - -- - _ Address 31ock 1 rVleridian, ID 83842 - _-- _ot 2 2850 N Rid e�Haven Way -- -- _ L__ _ 2772 N Ridge Haven Way 4 2750 N Ridge Haven Way 5 2728 N Ridge Haven Way 6 _ 2706 N Ridge Haven We 7 - 2684 N Rid a Haven Way A 199-0 A! O.A- u......_. \AIS.. Meridian Gateway Variance Application Exhibit A Page 1 Lot1 2879 N Rid ebury Avenue Lot 2 2865 N Rid geb' - Avenue Lot3 2851 N Rt ebury Avenue Lot 4 2837 N Ridgebury Avenue Lot 5 —6 2823 N Rid ebury Avenue La 2809 N dgebury Avenue L� 7 2791 N R' q ug Lot 8 Lot 9 2759 N Ridgebgy Avenue Lot 10 2743 N B!qgeburyAvenue Lot 11 2727 N Mdgebury Avenue Lot 12 Common Area Lot 13 2673 N Ride Avenue Lot14 Common Area La115 683 W Indian Rocks Street Lot 16 649 W Indian Rocks Stmt Lot 17 627 W Indian Rods Street Lot 18 605 W Indian Racks Street l Lot 19 583 W Indian Rocks Street Lot 20 557 W Indian Rocks Street Lot 21 531 W Indian Rocks Street k4 Lot 1 2717 N Ri Haven Way Lot 2 Common Area Lat 3 2732 N Vallin Avenue Loi 4 2710 N Vallin Avenue Lot 5- Common Area Lot 6 Lot 7 Lot 8 -- Lot 9 Lot 10 Lot 11 2698 N Vallin Avenue - 2686 N Yellin Avenue -- tMM N Vallin Avenue Common Area --- 2679 N Ridge Haven Way 2695 N ffLJ a Haven Way Meridian Gateway Variance Application Exhibit A Page 1 CITY OF MERIDIAN PLANNIN*D ZONING DEPARTMENT STAFF REPORT FOR I G DATE OF MARCH 14, 2006 ..'w"4w - VVWsUnenrster Address of 1 at 2 i -3- )t4 - )t 5 t3 3t4rt5 N6 � 7 �t 8 t9 -- t10 t11 112 - 113 14 15 16 17 18 19 20 Meridian Gateway Variance Application Exhibit A Page 2 736 W Sedgewick Straet - - 718 W Sed ewick Street — - - - _ _-11692 W Sedgemck sweet _ - 1l674 W Beck Stmt - 6W W Sedq&MCk StnWt 12834 W SedgeMck Street630 Widc Street2862 N Vallin Avenue2848 N Vallin Avenue N Vallin Avenue - - — - 2820 N Vallin Avenue - '2806 N Vallin Avenue 2778 N Vallin Avenue — - 2754 N Vallin Avenue - Haven Haven Haven CITY OF MERIDIAN PLANNIAD ZONING DEPARTMENT STAFF REPORT FOR H k DATE OF MARCH 14, 2006 mater rtomes - Valfln Courts ID W"2 2 739 W Claire Street 3 717 W Claire Street 4 695 W Claire Street 5 679 W Claire Street 6 663 W Claire Street 7 Common Bran - t3 752 W Indian Elks Street9 726 W Indian Street10 706 W Indian Street 11 694 W Indian Rocks Street 12 672 W in Rocks Street Lot 2 Lot 3 Street Street 119 704 W Claire Street 11 688 W Claira Street Claire Street Meridian Gateway Variance Application Exhibit A Page 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARC H 14, 2006 Exhibit B: Legal Description i G . I fit ; iso Lb K somwRm FEE �, i �R BEI 9• �� aq�e � �� '° �ao12 R ps ee vq 4y 3g-0 bbeo a® 3� ;a$ else • o A®ea am 03 c 3 Meridian Gateway Variance Application Exhibit B Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEG DATE OF MARCH 14, 2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured and can configure the buildable lots accordingly. The subject subdivision was approved under a previous development code and the method of measuring setbacks has changed through no fault or action of the applicant. Due to this, City Council finds that the granting of the variance shall not grant a right or privilege that is otherwise allowed in the district, more specifically, it was allowed under the former zoning regulations. B. The variance relieves an undue hardship because of characteristics of the site; Under former Meridian City Code (MCC) Titles 11 and 12, front (street) building setbacks were measured from the front property line. The Unified Development Code (UDC), which was adopted on September 15, 2005, changed the measurement of setbacks to be measured from the back of the sidewalk. In a development with sidewalks that are attached to the curb, it is typical that the property line is located at the back of the sidewalk and the sidewalk lies within the right-of-way owned by ACHD (Ada County Highway District). In developments such as Vallin Courts Subdivision with sidewalks which are detached from the curb, the sidewalk usually lies upon the lots in the subdivision and is contained in a ACHD sidewalk easement. At the time of Preliminary Plat and Final Plat approval of Vallin Courts Subdivision, the front (street) building setbacks were measured from the property line, thus the lots were sized and configured with this measurement in mind. After the adoption of the UDC, the setbacks are measured from the back of the sidewalks, greatly reducing the size of structure that can be built upon the lots in the subdivision. The applicant, Greg Walker of Walker Homes, was informed by the Meridian Planning Department before he purchased the subdivision that setbacks would be from the property line and he took that advice in good faith when considering the purchase. Staff was unaware at that time of the changes that would be made to the development regulations for the City of Meridian and Mr. Walker was caught unaware by the new regulations when he applied to begin building homes within the subdivision. Due to this, City Council finds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and how the lots within the subdivision were originally designed at the time of plat approval. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing setbacks to be measured from the property line will not be detrimental to the public health, safety, and/or welfare. Meridian Gateway Variance Application Exhibit C Page I March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. 5-F REQUEST Professional Service Agreement for Impact Fee consulting, with BBC Research and Consulting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: Q 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. 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this d?l rb" day of Ait CA-- , 2006, 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 BBC Research and Consulting, hereinafter referred to as "CONSULTANT", 3773 Cherry Creek North Drive, Suite 850, Denver, Colorado, 80209-3827, a rr organized under the laws of the State of Colorado. PREMISES: A. Whereas, City has the need to contract with a consultant for assistance with updating its development impact fee program; and, B. Whereas, CONSULTANT has agreed to contract with CITY according to the terms and conditions set forth in this agreement. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services: CONSULTANT shall undertake the scope of services related to the analysis of park, police, and fire impact fees attached hereto as EXHIBIT "A" and incorporated herein by this reference. Consultant shall also add a component to the scope of services to analyze and recommend the implementation of an impact fee for sidewalks adjacent to collector and arterial roads. 2. Time of Performance: CONSULTANT shall immediately proceed to undertake the tasks set forth in the scope of services pursuant to the timelines stated therein. 3. Indemnification and Insurance: 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CITY shall indemnify and save and hold harmless CONSULTANT from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused by or incurred by CITY, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CONSULTANT or its employees. This mutual agreement to indemnify and save and hold harmless shall not be limited by any insurance limits and each party covenants and agrees to indemnify and save and hold harmless the other party from and for all such losses, claims, actions, or judgments for damages or liability to persons or property to the extent of liability caused by the party providing indemnification to the party seeking to be indemnified. In addition, CONSULTANT shall maintain and specifically agrees that it will maintain, through the term of this Agreement, Workers' Compensation, General Liability insurance, and Professional Agreement — Impact Fee Consulting Services — page 1 of 5 0 • Errors and Omissions in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, CONSULTANT covenants and agrees to indemnify and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. CONSULTANT, upon request, shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Consultant's compliance with the requirements of this paragraph and file such proof of insurance with CITY. 4. Independent Contractor: In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for the work performed under this agreement an amount not to exceed Thirty Two Thousand Seven Hundred Fifty Dollars ($32,750.00). 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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 33 E. Idaho Avenue Meridian, Idaho 83642 BBC Research and Consulting 3773 Cherry Creek North Drive, Suite 850 Denver, CO 80209-0448 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. 8. 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 Agreement — Impact Fee Consulting Services — page 2 of 5 0 be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. 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. 10. 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. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Duplication, 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. 13. Termination for Cause: 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, 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. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONSULTANT under this Agreement shall, at the option of CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONSULTANT, and CITY may withhold any payments to CONSULTANT for the purposes of offset until such time as the exact amount of damages due CITY from CONSULTANT are determined. This provision shall survive the termination of this Agreement and shall not relieve CONSULTANT of its liability to CITY for damages. CITY understands and acknowledges that CONSULTANT has the right to terminate due to cause instigated by CITY. In that situation, CONSULTANT would have the same rights as CITY identified herein. Agreement — Impact Fee Consulting Services — page 3 of 5 14. Termination for Convenience of CITY or CONSULTANT: CITY or CONSULTANT may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the other Party. If the Agreement is terminated by CITY, CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of CONSULTANT or CITY, Section 17 hereof shall apply. 15. 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. 16. 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. 17. 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. 18. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN Attest: A WILLIAM G. BERG, JR., TY CL' P� Agreement — Impact Fee Consulting S+++r++Doose oai��a�'°°°°° ervices — page 4 of 5 • EXHIBIT "A" SCOPE OF SERVICES Agreement — Impact Fee Consulting Services — page 5 of 5 • Approach to Project (Scope of Service) We believe that the impact fee study methodology we have successfully employed in four other Rocky Mountain States (Arizona, Colorado, Nevada and Utah) is fully consistent with the relevant Idaho State Statutes. It includes: ■ Establishment of and consultation with a development impact fee advisory committee; ■ Analysis of current infrastructure service standards and identification of the growth - related portion of City infrastructure plans; ■ Preparation of a Capital Improvements Plan (CIP) pursuant to state law and public hearings regarding the same; ■ Forecast of residential and commercial growth; ■ Analysis of cash flow stemming from impact fees and other infrastructure financing sources (i.e., bonded indebtedness, special districts, General Fund contributions); ■ Implementation recommendations including impact fee credits, how fee revenues should be accounted for, and how the fees should be updated over time; and ■ Assistance to City legal staff in preparing an enabling ordinance. While most state's impact fee ordinances have many similarities, all present certain unique requirements. This is why we have augmented the technical economic and planning aspects of our team with demonstrated Idaho legal expertise on impact fees. Scope of service. We will prepare impact fees to support the cost of growth -related parks and recreation, law enforcement, fire and EMS, and sidewalk infrastructure in the City of Meridian. We propose the following five tasks — fully consistent with Idaho state statutes — that we have used successfully to calculate impact fees for other jurisdictions in the Rocky Mountain West. Task I. Project initiation Task I-1. Contract execution. Task I-2. Formalize schedule, development impact fee advisory committee and public input process. Task I-3. "Kick-off' meeting with the development impact fee advisory committee. Scope of Services - 1 of 4 • 0 Task II. Analysis of current conditions, current financing systems, infrastructure requirements and new system options ■ Task II -1. Collect and review available data on current service levels for use in providing an introduction to service delivery issues and for developing infrastructure expansion cost estimates and service delivery standards. ■ Task II -Z. Review and evaluate current long-term capital financing systems. ■ Task II -3. Analyze Meridian's current debt financing systems and document extent of current indebtedness; identify infrastructure that has been acquired with borrowed funds. ■ Task II -4. Review and evaluate Meridian's long-term infrastructure requirements as defined in the most recent CIP recognizing the four sources of infrastructure demand: repair/replacement of existing facilities, betterment of City service standards, institution of new services, and expansion of facilities for new development. ■ Task II -S Hold a required public hearing on the CIP. Task III. Analysis of current and future land use ■ Task III -1. Collect data on current land use patterns in Meridian, including the acreage and square footage of different types of uses and the numbers and types of housing units. ■ Task III -2. Evaluate any existing projections or development trends, including population projections that indicate current direction of development in terms of physical locale and types of land use development. ■ Task III -3. Based on the above information, generate calculations documenting current development in Meridian and forecast of future development over the next 10 to 20 years, depending on availability of data. Task IV. Calculation of preliminary development fees Task IV 1. Calculate preliminary fees. This will include the following steps: > Quantify capital costs (data from Task III) > Quantify unit costs (data from Task III to derive $/unit or $/sq.ft.) > Determine land to development conversion ratios > Calculate revenue credits (bonded indebtedness) if appropriate > Prepare fee schedules and spreadsheets > Define benefit areas if appropriate > Develop a preliminary fee schedule Scope of Services - 2 of 4 • 0 Task IV -2. Develop a plan for implementation and administration of proposed fees including "credit" procedures. ■ Task IV -3. Meet with the development impact fee advisory committee. ■ Task IV -4. Hold required public hearing on preliminary development impact fee schedule. Task V. Impact fee system final design and documentation ■ Task V-1. Final impact fee development. > Review and finalize fees > Review and finalize the fee implementation and administration recommendations including "credit' procedures > Submit a draft report > Review with development impact fee advisory committee > Final report (10 hard copies plus an electronic version) > Provide examples of other municipal enabling ordinances to City legal staff ■ Task V-2. Prepare cash flow analysis based on final fee schedule and Meridian growth projections. ■ Task V-3. Development of impact fee "Update Procedures Memo' including how "credits" applied against capital costs should be handled over time. ■ Task V-4. Presentation to City Council. During the course of this scope of work, we will make multiple trips to Meridian to conduct: project initiation and data collection (Tasks 1-3), required public hearings (Tasks 2 and 4), review of draft impact fees with City staff (Task 4), and public presentation of final impact fee system and review of update procedures with City staff (Task 5). Proposed Fees Our extensive impact fee experience and collaboration with Idaho -based subcontractors will allow us to complete this study for a fixed fee of $32,750 including all professional time and expenses. It is important to remember that our contract cost can be included in the fee calculations so that the participating jurisdictions recover the expense quickly. Scope of Services - 3 of 4 Exhibit 2 below summarizes our proposed budget according to the City's task descriptions. Exhibit 2. Proposed Budget Scope of Services - 4 of 4 Task Dasm"aas par RFP Priee par:Tesk Project Management, Presentations & $8,000 Public Hearings Review & Update Existing Fee Categories Parks and Recreation Impact Fee $6,000 Consider New Fee Categories Law Enforcement Impact Fees $7,500 Fire and EMS Impact Fees $7,500 Sidewalk Impact Fees $3,750 TOTAL BUDGET $32,750 u March 17, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Water Main Easement Agreement for Blue Cross of Idaho L_I March 21, 2006 ITEM NO. S -G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 03130106 02:02 PM DEPUTY Nem Haney III IIlIIlIIIIIIlIIIIIII11111111111111 RECORDED -REQUEST OF 10604847-7 Meridian CIIy WATER MAIN EASEMENT THIS INDENTURE, made this 0'_ day of (Yly,, 20010 between glue Cis � F �� ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A, B and C) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waxer line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight of - way and easement hereby granted become part of, or He within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR Pana, i of x.11 THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO President ,tSts-k-�Secretary STATE OF IDAHO ) ) ss County of Ada ) On this "- day of f Yt rc4, . 20 [L, before me, the undersigned, a Notary Public in and for said State, personally appeared 044 jaahbat_ and Mmd k Ltw • known or identified to me to U the President an ecretary, 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. X011522 .�o•s�► tipR��i1r {SEAL) �+ 04 �pKARY G Op. ppg�r, �Ci r 's,��,J►lq Te C4 NOTARY PUBLIC FOR IDAHO Residing at YYIe6L- Commission Expires: 31 tai It Water Main Easement EASMT WTR P" PC - �Q GRANTEE: CITY OF MERIDIAN of Mr-ri. Tammy de Mayor Attest by William G. Berg, Ci Jerk �,, F�j`T tit • *� h.� a '�� 9r .. .�� tib`• Approved By City Council On: STATE OF IDAHO, ; . ss. County of Ada On this A T" -day ofW02Ce-.--' , 200 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) Water Main Easement AM stn NOTARY PUBLIC FOR IDAHO Residing at: 9 jd Commission Expires: 7 o - f N EASMT WTR 2 nso Ak (o Anderson Survey Groupxom Vr EXMBrr `A' WATER EASEMENT TO CITY OF MERIDIAN FOR ACCESS AND MAINTENANCE A strip of land situated in the Northeast 1/4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian, City of Boise, Ada County, Idaho, being more particularly described as follows: Commencing at the quarter corner common to Section 8 and section 9, from which the section corner common to Sections 4, 5, 8; and 9 bears North 01008145" East a distance of 2649.35 feet; thence North 89054'01" West (South 89054'19" East) feet a distance of 824.62 feet along the Southerly line of the NE 1/4 of said Section, also being the centerline of E. Pine Street; thence leaving said centerline North 00°24'45" East a distance of 317.83 feet to a point on the 39h course of the Water Main Easement recorded as Instrument No. 96088699 Records of Ada County, Idaho said point also being -the REAL POINT OF BEGINNING; thence North 45°4628" East a distance of 93.10 feet; thence North 45015'29" West a distance of 15.00 feet; thence South 45°46'28" West a distance of 108.25 feet; thence North 90°00'00" East a distance of 21.51 feet to the point of beginning. Said parcel contains 1,510.1 square feet, more or less. End of Description Project No. 05183 February 16, 2006 357 E. Watertower Ln., • Suite F, Meridian, ID 83642 ' Otto 0 900 000 77AC - 1 ^.RG 000 77CA „ RSPA Anderson Survey Group.com ��' nk:4:n: ; WATER EASEMENT TO CITY OF MERIDIAN FOR ACCESS AND MAINTENANCE A strip of land situated in the Northeast 1/4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian, City of Boise, Ada County, Idaho, being more particularly described as follows: Commencing at the quarter corner common to Section 8 and section 9, from which the section corner common to Sections 4, 5, 8, and 9 bears North 01'08'4511 East a distance of 2649.35 feet; thence North 89°54'01” West (South 89054'19" East) feet a distance of 775.81 feet along the Southerly line of the NE 1/4 of said Section, also being the centerline of E. Pine Street; thence leaving said centerline North 00°24'45" East a distance of 317.92 feet to a point on the 30 course of the Water Main Easement recorded as Instrument No. 96088699 Records of Ada County, Idaho said point also being the REAL POINT OF BEGINNING; thence North 00°02157" East a distance of 13.62 feet; thence North 89°57'03" West a distance of 20.00 feet; thence South 00°02'57", West a distance of 13.63 feet; thence North 90°00'00" East a distance of 20.00 feet to the point of beginning. Said parcel contains 272.5 square feet, more or less. End of Description Project No. 05183 February 16, 2006 357 E. Watertower Ln.. • Suite F. Meridian, iD 83642 0 Ina 000 71IC - . :rt:. QQ0 77th 14 �'V p N. A� V0 N0024'45°E JI7.8J' N0024'45"E 3]7.92' - --- -------1----- !9. t - f I. X I 0o y I F � S00'02 57"W I `y p I TI \h 0 3.62', 02'57"E / I I I / / V�\ ®� t - f I. X I 0o y I F � S00'02 57"W I `y p I TI \h Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/15/2006 Re: Proposed Agenda Items for 3/21/06 City Council Meeting City of Meridian Public Works Dept. City Of Meridian City Clerk ®face The Public Works Department respectfully requests that the following items be placed on the 3/21/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Blue Cross of Idaho. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Blue Cross of Idaho and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this V— day of MaEb 20 between _ &w Crt6_5 r4 ,;j,,�v the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A, B and C) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parries hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted become part of, or He within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO -- President SSecretary STATE OF IDAHO ) ) ss County of Ada ) On this day of (1r c6. 20 tom, before me, the undersigned, a Notary Public in and for said State, personally appearedand YYkjU4�nljf4 _, known or identified to me to be the President ancretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •.•` tiARS,& *.y (SEAL) . ' 10, 1P718 0V NOTARY PUBLIC FOR IDAHO Residing at fflC i �� Commission Expires: -?, j 104 it Nater Main Easement EASMT WTR U GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada 1 1 LJ On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR Rso A* -Anderson Survey Groupxomop�' WATER EASEMENT TO CITY OF MERIDIAN FOR ACCESS AND MAINTENANCE A strip of land situated in the Northeast 1/4 of Section 8, Township -3 North, Range 1 East of the Boise Meridian, City of Boise, Ada County, Idaho, being more particularly described as follows: Commencing at the quarter corner common to Section 8 and section 9, from which the section corner common to Sections 4, 5, 8, and 9 bears North 01 °08'45" East a distance of 2649.35 feet; thence North 89054'01" West (South 89054'19" East) feet a distance of 824.62 feet along the Southerly line of the NE 1/4 of said Section, also being the centerline of E. Pine Street; thence leaving said centerline North 00024'45" East a distance of 317.83 feet to a point on the 39�' course of the Water Main Easement recorded as Instrument No. 96088699 Records of Ada County, Idaho said point also bet the REAL POINT OF BEGINNING; thence North 45046'28" East a distance-of4 �e thence North 45015'29" West a distance of 15.00 feet; thence South5�'4'28` est_ distance of 108.25 feet; thence North 90°00'00" East a distance of 2I Cot of beginning. P Said parcel contains 1,510.1 square feet, more or less. End of Description Project No. 05183 February 16, 2006 2 357 E. Watertawer Ln., • Suite F, Meridian, ID 83642 P.20B.888.7345 • F. 208.888.7354 FISrim A* Anderson Survey Group.com ��` WATER EASEMENT TO CITY OF MERIDIAN FOR ACCESS AND MAINTENANCE A strip of land situated in the Northeast 1/4 of Section 8, Township 3 North, Range 1 East of the Boise Meridian, City of Boise, Ada County, Idaho, being more particularly described as follows: Commencing at the quarter corner common to Section 8 and section 9, from which the section comer common to Sections 4, 5, 8, and 9 bears North 01'08'45" East a distance of 2649.35 feet; thence North 89°54'01" West (South 89°54'19" East) feet a distance of 775.81 feet along the Southerly line of the NE 1/4 of said Section, also being the centerline of E. Pine Street; thence leaving said centerline North 00°24'45" East a distance of 317.92 feet to a point on the 39a' course of the Water Main Easement recorded as Instrument No. 96088699 Records c REAL POINT OF BEGINNING; then thence North 89057'03" West a distance distance of 13.63 feet; thence North 90 of beginning. Said parcel contains 272.5 square feet, m End of Description Project No. 05183 February 16, 2006 357 E. Watertower Ln., • Suite F, Meridian, 10 83642 P.208.888.7345 • F. 208.888.7354 0 N0024'45 E 317R3' N00 24'45 E 317.97 0 • • March 17, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Parks Department - Doug Strong ITEM NO. 6-A-1 REQUEST Update of Kiwanis Park Extension and Green -up AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ...... -RECFIVFD A 6 2006 Y Aw i City of Men O City Clerk Office C 7 O a - CD F J 7 O Y W March 17,2W6 FP 06-010 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Centennial Development, LLC ITEM NO. 8 REQUEST Tabled from March 14, 2006 —Request for Final Plat approval of 76 building lots and 18 common lots on 14.57 acres in an R-8 zone for Chesterfield Subdivision No. 2 — North Black Cat Road and West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet See attached Stan Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF CENTENNIAL ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 76 ) BUILDING LOTS AND 18 ) COMMON LOTS ON 14.57 ACRES ) IN AN R-8 ZONE LOCATED EAST ) OF NORTH BLACK ROAD AND ) NORTH OF WEST FRANKLIN ) ROAD IN THE S % OF T. 3N., R. ) 1W., SECTION 10 ) 1 C/C March 21, 2006 CASE NO. FP -06-010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on March 21, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 21, 2006, 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 CHESTERFIELD SUBDIVISION NO. 2 LOCATED IN THE SOUTH %2 OF T. 3N., R. 1W., SECTION 10, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.2 / (FP -06-010) Page 1 of 4 i 0 DATE: 01 /20/06, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", CENTENNIAL DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 21, 2006, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the action of the council taken at their March 21, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.2 / (FP -06-010) Page 2 of 4 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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 may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.2 / (FP -06-010) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe 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 o? 5� day of Mox ' n 92006. ATTEST: G. BERG, Copy served upon: B ity lerk's Office �`,e�,illllllff'de Af eOF>o O de WEERD _ = JR -7, C If YV — /'- Applic�e� ✓ Planning and'Gb'iiing Department Public Works Department ✓City Attorney Dated: 4-1-1-0 u ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.2 / (FP -06-010) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r eat' �rs� � � STAFF REPORT: Hearing Date: March 14, 2006 Transmittal Date: March 1, 2006 vfidian ti 4 TO: Mayor &City Council ��, :-.: FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator M G SUBJECT: Chesterfield Subdivision No. 2 Request for Final Plat Approval of Chesterfield Subdivision No. 2 Consisting of 76 Single-family Residential Building Lots and 18 Common/other Lot on 14.57 Acres in an R-8 Zone by Centennial Development, LLC. (File# FP -06-010). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Centennial Development, LLC, has applied for final plat approval of 76 single-family residential building lots and 18 common lots on 14.57 acres in an R-8 zone for the second phase of Chesterfield Subdivision. The proposed gross density of the subdivision is 6.45 dwelling units per acre. The proposed net density is 7.07 dwelling units per acre. Chesterfield Subdivision No. 2 is located on the south side of W. Pine Avenue, east of N. Black Cat Road, in the S. %i of Section 10, T.3N., R.1 W. This property has not been previously platted. A Conditional Use Permit/Planned Development was approved for this subdivision that allowed for reductions to the minimum frontage allowed for non cul-de-sac lots (from 65 feet to 35 feet), minimum lot size for detached homes (from 6,500 sq. ft. to 3,100 sq. ft.), reduced front setbacks for townhouse lots (8 -feet from edge of pavement of shared common drive) and a block length that exceeds 1,000 feet. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Chesterfield Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -03-037), conditional use permit (CUP -03-070), and preliminary plat (PP -03-046) for this subdivision. 2. Temporary fencing to contain debris during construction shall be installed along the western and eastern boundaries of the phase unless permanent fencing already exists at the subdivision boundary. Perimeter fencing is required to be installed prior to release of building permits. All fencing shall comply with UDC 11-3A-7 and conditions of approval of the preliminary plat. 3. The common drives serving Lots 17, 18, 20 and 21, 32-35, and 37-40, Block 6, shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for Exhibit 'IN' FP -06-010 Chesterfield Sub2 FP.doc PAGE 1 CITY OF MERIDIAN P• NING AND PUBLIC WORKS DEPAIMENTS STAFF REPORT fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. 4. With the preliminary plat application, ACHD required the alleys within the subdivision to be paved 20 -feet wide (16 -feet currently shown). Revise the plat to comply with this requirement for all of the alley right-of-way adjacent to Blocks 8, 9, and 10. The surface of the alley road shall be capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside. 6. The Landscape Plan, prepared by The Land Group and dated 2/8/06, shall be revised as follows: a. Depict the location of the tot lot, picnic area, and volleyball court on the plan. b. Stormwater drainage facilities shall be constructed to comply with UDC 11-3B-11. Rock sump inlets shall not exceed more than 5 feet in any horizontal dimension. Revise plan to meet the requirements of UDC 11-3B-11. C. Fencing for the side yards of patio lots bordering W. Newland St. and all patio lots bordering common areas shall be 4 feet in height and made of semi-solid material; revise plan accordingly. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 7. The applicant has indicated that the Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. If the system is to be owned and maintained by Nampa and Meridian Irrigation District, evidence of a license agreement with NMID shall be provided to Public Works prior to scheduling of a pre -construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is necessary to accommodate an irrigation main. a. Eastern boundary of Lot 13 Block 2. 9. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The will be interior lot lines to future phases of this development. a. Eastern boundaries of Lots 2 and 3 Block 13 10. The Certificate of Owners calls out the first distance from the real point of beginning as 25.38 feet, but the plat shows it being 425.38 feet. The applicant shall make any necessary corrections to ensure the Certificate of Owners and boundaries depicted on the plat are consistent and accurate. 11. Revise the plat to reduce the width of the portion of common Lot 36 Block 6 that is located between the attached units from 30 -feet to 25 -feet. The purpose of this is not to reduce the common open space in the project, but to redistribute it among the lots along the southern boundary of this development. 12. Sewer service for this proposed development is being proposed via extension of mains adjacent to the property. The applicant shall install mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be Exhibit "A" FP -06-010 Chesterfield Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PLA NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 13. Water service to this proposed development is being proposed via extensions of an existing main in West Pine Street. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 14. Change "W. Pine Street" to "W. Pine Avenue" on Sheets 1 and 2 of the plat. 15. 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. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 17. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, conditional use permit/planned development, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans 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't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the Exhibit "A' FP -06-010 Chesterfield Sub2 FP.doc PAGE 3 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Chesterfield Subdivision No. 2 (FP -06-010) with the above stated comments and conditions. Exhibit "A' FP -06-010 Chesterfield Sub2 FP.doc PAGE 4 I� 0 ailey Engineering, Inc. CIVIL ENGINEERINGIPLANNINGICADD DATE: March 14, 2006 TO: Mayor and City Council RE: Chesterfield Subdivision No. 2 Dear Mayor and City Council, On behalf of our client we would like to state that Liberty Development, Inc agrees with all Site Specific Comments and Conditions set forth in the final plat for Chesterfield Subdivision No. 2. Thank you for your time and consideration, Sincerely, Aj Lopez 1500 E. Iron Eagle Drive ♦ Eagle, Idaho 83616 ♦ Tel.. 208-938-0013 ♦ Fax: 208-93B-0516 www.baileyengineers.com Exhibit "B" CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ll In the Matter of Variance request to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision. The following has been amended to reflect the action of the Meridian City Council on March 21, 2006. Case No(s). VAR -06-001 For the City Council Hearing Date oh March 21, 2006 VA � 66 -00 7 A. Findings of Fact js lam' e0wan," 1. Hearing Facts (see attached Staff Report for the hearifl 6,Z., lea incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE 1 of 3 • 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 proposal is allowed. 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 all in the attached findings in the Staff Report for the hearing date of March 14, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision is hereby approved. 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 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of March 14, 2006 CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE 2 of 3 0 By action of the City Council at its regular meeting held on the Q 15* day of err a-yr,L. , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayog, "Weerd OF Attest: `,�`�'�� /'s•`'� e SEAL William G. Berg, Jr., Ci Cl&k Cory served upon Applicant, The Planriifip, e�, 919 c,a;�'ublic Works Department and City Attorney. By4joAa�Y City Clerk Dated: 1-10 -014 CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-007- PAGE 3 of 3 March 17,2W6 FP 06-011 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Conger Management Group ITEM NO. 9 REQUEST Request for Final Plat approval of 1 multi -family residential building lot, 1 non-residential building lot and 1 common lot on 28.646 acres in R-15 and L-0 zone for Umbria Subdivision — north side of Franklin Road west of Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Dave McKinnon Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CONGER MANAGEMENT GROUP FOR FINAL PLAT APPROVAL OF 1 MULTI -FAMILY RESIDENTIAL LOT, 1 COMMERCIAL/OFFICE LOT, AND 1 COMMON LOT ON 28.646 ACRES IN R-15 AND L -O ZONES LOCATED WEST OF TEN MILE ROAD ON THE NORTH SIDE OF FRANKLIN ROAD IN A PORTION OF THE S % OF T. 3N., R. 1W., SECTION 10 C/C March 21, 2006 CASE NO. FP -06-011 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 March 21, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 21, 2006, 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 UMBRIA SUBDIVISION LOCATED IN A PORTION OF THE S %2 OF T. 3N., R. 1 W., SECTION 10, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UMBRIA SUBDIVISION / (FP -06-011) Page 1 of 6 0 MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 02/02/06, SHEET 1 OF 4, CONGER MANAGEMENT GROUP", CHARTER BUILDERS, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: March 21, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 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 and phasing plan from Dave McKinnon, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incoporated herein, and the response letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incoprated herein, and the additional requirements from the action of the Council taken at their March 21, 2006 meeting as follows, to -wit: 1.1 Adopt the action of the Council taken at their March 21, 2006 meeting as follows: Perimeter fencing around the entire boundary of the subdivision shall be installed with the first phase. 1.2 Adopt the action of the Council taken at their March 21, 2006 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 8 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UMBRIA SUBDIVISION / (FP -06-011) Page 2 of 6 and General Requirements number 1 and 4, such that they now read as follows: CONDITIONS OF APPROVAL The landscape plan, prepared by South Landscape Architecture and dated 02/24/06, is approved as submitted, however if Council does not waives the requirement of the Kennedy Lateral to be tiled the applicant shall revise the landscape plan to include landscaping in this area. GENERAL REOUIREMNTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Kennedy Lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6. 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't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 4. All development improvements within each hase 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. 1.3 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UMBRIA SUBDIVISION / (FP -06-011) Page 3 of 6 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UMBRIA SUBDIVISION / (FP -06-011) Page 4 of 6 0 • 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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 may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe 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 of M ®.N.� , 2006. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UM BRIA SUBDIVISION / (FP -06-011) Page 5 of 6 CPIS6 0VPf�� D day • `®,`,maaaa1111l1111/p`f�Pa a m p ATTEST: 6A WILLIAM G. BERG, JR., ITYLERK "dD� ,O�rPPPPOPPl001 11100t�pa,�� Copy served upon: ✓ Applicant �Plammng and Zoning Department �Public Works Department City Attorney E Dated: 4- 1-1 --ap City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UM 3RIA SUBDIVISION / (FP -06-011) Page 6 of 6 CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPARMENTS STAFF REPORT s t4w Tir. STAFF REPORT: Hearing Date: March 21, 2006 Transmittal Date: March 16, 2006 IDAHO TO: Mayor and City Council',,° FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Umbria Subdivision Request for Final Plat Approval of Umbria Subdivision Consisting of 1 Multi- family Residential Building Lot, 1 Commercial/Office Building lot, and 1 Common Lot on 28.646 Acres in the R-15 and L -O Zones by Conger Management Group (File# FP -06-011). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Conger Management Group, has applied for final plat approval of 1 multi -family residential building lot, 1 commercial/office building lot, and 1 common area lot on 28.646 acres of land for Umbria Subdivision. The zoning designation for the proposed subdivision is R-15 and L -O (Medium High -Density Density Residential and Limited Office). The proposed gross density of the subdivision is 11.2 dwelling units per acre. The proposed net density is 16.4 dwelling units per acre. Umbria Subdivision is located on the north side of West Franklin Road, west of North Ten Mile Road in the SE % of T. 3N., R. 1W., Section 10. The common lot proposed, Lot 2, Block 2, is a required lot for a pump station for the Nampa & Meridian Irrigation District. A Conditional Use Permit for a Planned Development (known as Silver Oaks) was approved for this subdivision that allowed for 70 multi -family structures on a single lot with a private clubhouse, park, and pathways. The final plat submitted for this phase depicts one lot more than was approved on the preliminary plat for Silver Oaks Subdivision; however, the additional lot is a common lot for a pump station for Nampa and Meridian Irrigation District. Even with the added lot, staff believes that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of Umbria Subdivision with the comments and conditions stated in this report. SPECIAL CONSIDERATION The recorded development agreement requires the applicant to tile the Kennedy Lateral, however the construction plans do not show it being tiled. The applicant has indicated the Kennedy Lateral is a large - capacity facility. Per UDC 11 -3A -6B the Council may waive the requirement to tile this ditch if it is Exhibit "A" FP -06-011 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP.doc PAC i • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT found to be large -capacity. The applicant shall be required to pipe the Kennedy Lateral unless specifically waived by City Council. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP -05-023), conditional use permit (CUP -05-024) and development agreement (Inst. No. 106002636). 2. The applicant has indicated that the Nampa and Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Therefore, a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. Sanitary sewer service to this site is being proposed via extensions of planned sewer mains from the north of this project. Currently this project is not sewerable, and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 6. Applicant will be responsible to construct the sewer and water mains to and through this proposed development including the trunk main, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. To comply with the City of Meridian's to and through policy the applicant shall provide cash surety (cost of work plus 10%) to extend water main to center of Kennedy Lateral at westerly side of Silver Oaks Circle. Please submit bids for this work along with the surety prior to signature on the final plat. 8. The landscape plan, prepared by South Landscape Architecture and dated 02/24/06, is approved as submitted, however if Council waives the requirement of the Kennedy Lateral to be tiled the applicant shall revise the landscape plan to include landscaping in this area. 9. Graphically depict the street buffer landscape easements adjacent to W. Silver Oaks Circle, S. Silver Oaks Drive, and W. Franklin Road on the face of the plat. 10. Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group, stamped on 02/02/06 by Patrick J. Scheffler, prior to signature of the final plat by the City Engineer: *.) Add a note, "Direct lot access to Franklin road is prohibited." *.) Add a note, "Maintenance of all common areas shall be the responsibility of the Homeowners' Association." Add a note referencing the recorded Development Agreement and instrument number. Exhibit "A" FP -06-011 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP.doc PAC CITY OF MERIDIAN P• NING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Graphically depict the "Real Point of Beginning" on the face of the plat. 12. The recorded development agreement requires the applicant to tile the Kennedy Lateral, however the construction plans do not show it being tiled. The applicant shall be required to pipe the Kennedy Lateral, unless specifically waived by City Council. 13. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 14. 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. 15. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. New construction within this development shall require Certificate of Zoning Compliance approval. 18. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 19. Complete the Certificate of Owners, including the book and page number of recorded data, and the accompanying acknowledgement. 20. Staffs failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans 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't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Exhibit "A" FP -06-011 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP.doc PAC CITY OF MERIDIAN P• NING AND PUBLIC WORKS DEPATMENTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Umbria Subdivision (FP -06-011) with the above stated comments and conditions. Exhibit "A" FP -06-011 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP.doc PAC J sid MAR 28 '06 13.25 FR A OF MERIDIAN r Date: March 17, 2006 203 SGa 4215 TO APD -Z P.01/02 Attn: Mayor and City Council, City of Meridian RECEIVED MAR 17 2006 Citi+ Of Meridian City Clerk Office Re: Umbria Final Plat Report (formerly known as Silver Oaks Subdivision) Dear Mayor and Council, We have received and reviewed the City's Staff Report for Umbria Subdivision and find that we are in general agreement with the majority of the Stair's recommendations with the following exceptions' Special Consideration (sta ting on Page 1)- Staff wants to make it clear in this portion of the staff report that the City Council is responsible to waive a requirement to file the Kennedy Lateral. We agree with this interpretation, however the Nampa Meridian Irrigation District has made it clear to us in several conversations that they are not requiring or requesting the tiling of the Kennedy Lateral. Additionally the City of Meridian has not required the tiling of the Kennedy Lateral downstream where it passes through Castlebrook subdivision. The lateral if tiled would require a 48" pipe. We are, therefore, formally requesting a waiver to the tiling of the Kennedy Lateral. There was no discussion on this topic in previous hearings for this project and all submitted documents to the City indicate our intent on leaving the waterway "open". Site Spedfic Requirement No. S (page 2)- The wording of this requirement indicates that if the Kennedy Lateral is not tiled, the landscape plan will need to be modified to reflect landscaping over the open lateral. The requirement needs to be modified to read as follows, "...however if the Council does not waives the requirement of the Kennedy Lateral to be tiled, the applicant Shall revise the tandwApe plan in include landscaping in this area"_ Site Specific Requirement No. 17 (Page 3)- This condition requires all new construction to be handles by a Certifleate of Zoning Compliance (CZC). We are happy to comply with this requirement, however we submitted a "phasing" plan to the City to allow the flour-plex units to be built in three "phases" Each phase of construction will include 20-25 four-plex buildings, and the associated landscaping, parking, drainage, fencing, utilities etc ... required for occupancy of the buildings. Exhibit 'B" MAR 28 106 1325 FR A OF MERIDIAN 208 888 4218 TO A -Z P.02/02 The first phase, as indicated on the submitted phasing map, will include the pool and clubhouse area. We recognize that we cannot build all of the buildings at one time, but want wanted to be able to occupy the first phase while the second phase and third phase are under constriction. We are willing to do each phase under a separate CZC, if necessary, to obtain occupancy of the buildings in the first, and subsequent phase prior to completion of the entire project_ General Requirement No.1 (page 3)- Irrigation tiling requirement; should be eliminated if Kennedy Lateral tiling requirement is waived. General Requirement Na.4 (page 4)- As noted above we asked for approval of a "Phasing' plan with the final plat application, unfortunately this condition requires all development improvements to be installed prior to occupancy. The size of the project justifies it being handled in phases. We discussed this issue with Planning and Zoning Stag (Caleb Hood) prior to submittal and he was agreeable to the proposal at that time. Please modify this condition to require all improvements in each phase to be completed prior to obtaining certificates of occupancy. Thank you for your time in consideration of this final plat. If you have any questions please contact me here at 353-2515 or via a -snail at dmckinnonSconggrpraup.com Sincerely, Dave McKinnon CMG Exhibit "H" ** TOTAL PAGE.02 ** Exhibit "B" 0 22 March 2006 Mayor Tammy deWeerd City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RE: Kennedy Lateral/Umbria Subdivision Dear Kristy: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampo 466-0663 Nampa & Meridian Irrigation District would prefer that all laterals were piped as developmcnt occurs. There are many safety reasons for this (i.e. operation, maintenance etc.). However at this time the District does not have any requirements concerning this. If laterals aren't piped then we ask that fences and encroachments need to be placed far enough back to allow for machinery to perform all necessary operation and maintenance. If you have any further questions, please feel free to give me a call. Sincerely, John P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPA/dbg C: Dave McKinnon, Congor Mgmt. Board of Directors Secretary/Treasurer Asst. Water Superintendent File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 Exhibit "C" BOISE PROJECT RIGHTS - 40,000 It March 17, 2006 AZ 05-060 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Ada County Highway District ITEM NO. 10 REQUEST Continued Public Hearing from March 14, 2006 —Request for Annexation and Zoning of 4.92 acres from RUT to C -G zone for Ada County Highway District Ustick Road Property — 3595 East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See previous Item Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 17,2W6 AZ 05-061 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Una Mas, LLC ITEM NO. 11 REQUEST Tabled Public Hearing from March 14, 2006 — Request for Annexation and Zoning of 9.55 acres from RUT to C -G zone for Una Mas — 3475 East Ustick Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 17, 2006 AZ 05-051 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Centennial Development, LLC ITEM NO. 12 REQUEST Continued Public hearing from February 28, 2006 - Request for Annexation and Zoning of 12.84 acres from RUT to R-15 zone for Ellensburg Subdivision - northwest comer of North Ten Mile Road and West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. March 17, 2006 CUP 05-047 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Centennial Development, LLC ITEM NO. 14 REQUEST Continued Public hearing from February 28, 2006 — Request for Conditional Use Permit for a Planned Development for multi -family residential units with a request for reductions to the street frontage requirements for Ellensburg Subdivision — Ten Mile and Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: JTaTt InlTlaIS: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See Previous Item Packet / Minutes Phone: March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Ray Hallett ITEM NO. 15 REQUEST Public Hearing — Request for a Variance to UDC 11 -3B -7C6 to allow an impervious surface (irrigation pump house) within a landsape street buffer in a C -G zone for Destination Place Pump House — 2100 East Overiand Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Cesco Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetiro shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • In the Matter of a Variance request to UDC 113B -7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone, by Ray Hallett. Case No(s). VAR -06-006 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-006- PAGE 1 of 3 - 7 In the Matter of a Variance request to UDC 113B -7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone, by Ray Hallett. Case No(s). VAR -06-006 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-006- PAGE 1 of 3 i • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if proposal is allowed. 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 Landscape Plan and Site Plan in Exhibit A of the Staff Report for the hearing date of March 21, 2006, and the attached findings in the Staff Report for the hearing date of February 21, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance request to allow an impervious surface within the required landscape buffer on Overland Road is hereby approved, provided the applicant complies with the following provisions: a. The existing concrete slab and underground cistern may remain where they are provided the existing 12 -foot tall pump house structure is removed and replaced with a maximum 4 -foot tall, low -profile structure, as proposed and shown in Exhibit A. b. Landscape materials shall be installed around the modified pump house structure, as shown in the Landscape Plan in Exhibit A. The applicant shall purchase and install vegetation that is in the four foot range at this point, as opposed to a one gallon potted plant that's going to be six -years to get four foot tall C. The removal of the existing pump house structure and construction of the new low -profile structure and adjacent landscaping shall be completed by the applicant, and inspected by Planning Department Staff, prior to issuance of any Certificates of Occupancy within Destination Place Subdivision.. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of March 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-006- PAGE 2 of 3 • 0 By action of the City Council at its regular meeting held on the oZ I Sb day of ftly --1 , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T IY de WEERD ATTEST:�w%J►1 F � ®e De ou ILLIAM G. BERG, JR., CITY CLERK9 Copy served upon.ZApplicant 'y ,,� T I Planning Department Public Works Department Z,C-,ity Attorney - 10 B ,S k aq OT -A \� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-006- PAGE 3 of 3 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 21, 2006 STAFF REPORT Hearing Date: 3/21/2006 e fir- TO: ,rTO: Mayor & City Council 0-M FROM: C. Caleb Hood, Current Planning Manager SUBJECT: Destination Place Pump House Variance IN File No. VAR -06-006 Variance request to UDC 11 -3B -7C6 to allow an impervious surface (irrigation pump house) within a landscape street buffer in a C -G zone, by Ray Hallett. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11 -3B -7C6 of the Unified Development Code (UDC) which prohibits impervious surfaces within landscape buffers. If approved, the Variance would allow a 6 - foot by 12 -foot wide encroachment into the required 25 -foot landscape street buffer on Overland Road. The applicant is proposing to remove the existing 12 -foot tall pump house and replace it with a shorter structure that is approximately 4 -feet tall, concealed by shrubbery. This proposal would leave approximately 75 square -feet of an impervious surface (concrete) within the required landscape buffer, but would screen the impervious surface from view (see Exhibit A for proposal). The applicant's justification for the requested variance is listed in Section 4.h of this Staff Report. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on Variance applications. Staff is recommending approval of the subject Variance application (VAR -06-006) for the reasons listed herein. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See the analysis, in Section 8 of this report, for more details.) At the March 21, 2006 City Council hearing, the Council voted to grant the subiect variance, provided the applicant complies with the conditions listed at the end of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -06- 006, and direct Legal Staff to prepare the appropriate findings document for denial. (You should state why you are denying the request.) Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR -06-006, as presented in Staff Report for the hearing date of March 21, 2006 and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the following changes: (insert any changes here.) Continuance I move to continue File Number VAR -06-006, 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: 2100 E. Overland Road (Lot 1, Block 3, Destination Place Subdivision; north side of Overland Road, just west of Millennium Way; Township 3N, Range IE, Section 17 Destination Place Pump House Variance VAR -06-006 Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 21, 2006 b. Owner: Nampa -Meridian Irrigation District 1503 First Street South Nampa, ID 83651 c. Applicant: Ray Hallett P.O. Box 30 Sunnyside, WA 98944 d. Representative: Ray Hallett e. Present Zoning: C -G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use — Regional — 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11 -3B - 7C6 which prohibits impervious surfaces from being located within required landscape buffers. The applicant is proposing to retain the existing pump house's cistern and foundation, but remove the pump house structure and replace it with a low -profile structure that will be screened from view with shrubbery. h. Applicant's Statement/Justification: Shortly after construction of the pump house was complete, the developers were informed that the slab and roof of the pump house are both impervious surfaces, are not allowed within the setback, and that entire structure should be moved f 6 feet to the north. Moving the pump house will also require destroying, and rebuilding, the large underground cistern on which the pump house sits (the cistern has the same area as the pump house, and extends about 15 feet underground). Demolishing the existing system, and then rebuilding it 6 feet north, will create a significant hardship, and is a "waste" of valuable resources. This seems especially unproductive, considering the minimal visual improvement that would be achieved with the same structure a mere 6 feet further north (please see the applicant's submittal letter for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- 5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 27th, 2006 and March 13`", 2006 c. Radius notices mailed to properties within 300 feet on: February 24th, 2006 d. Applicant posted notice on site by: March 11 th, 2006 6. LAND USE a. Existing Land Use(s): Irrigation pump house b. Description of Character of Surrounding Area: Primarily, commercial businesses. There is a high school, a movie theatre, and the interstate within the general vicinity. c. Adjacent Land Use and Zoning: 1. North: Vacant commercial lot, zoned C -G 2. West: Cesco Equipment, zoned C -G 3. South: Commercial offices, zoned L -O Destination Place Pump House Variance VAR -06-006 Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 21, 2006 4. East: Vacant commercial lot, zoned C -G d. History of Previous Actions: In 2005, the City Council approved a preliminary and later final plat for Destination Place Subdivision (aka — Boise Valley Commons). Unbeknownst to City Staff, an irrigation pump house facility was constructed within the required 25 -foot wide landscape buffer on Overland Road. During construction of said pump house, City Staff was notified by an adjacent property owner of the zoning violation. Subsequently, City Staff performed a site visit and then notified CSHQA of the encroachment of the pump house into the required buffer. In early August of 2005 CSHQA applied for alternative compliance to allow the pump house to stay. Later, in August of 2005, the City Staff denied CSHQA's request for alternative landscape compliance on the subject site. This request was denied primarily because the Nampa -Meridian Irrigation District (NMID) did not require the pump house to be located in the subject location (it could be moved north) and City Staff did not believe that any of the circumstances required for granting alternative compliance were present (see letters dated August 12, 2005 from Anna Canning and August 22, 2005 from Brad Hawkins -Clark). CSHQA failed to apply for an appeal of City Staff's decision of the alternative compliance request to the City Council in a timely manner. The subject applicant has subsequently submitted a variance request to allow approximately half of the irrigation facility to encroach within the Overland Road landscape buffer. e. Existing Constraints and Opportunities 1. Public Works Issues or concerns: None 2. Vegetation: None 3. Flood plain: N/A 4. Hazards: None Identified 5. Size of Property: 0.004 acres 6. Description of Use: Irrigation Pump House Facility. f. Subdivision Plat Information — N/A g. Landscaping — The applicant is proposing to install substantial landscaping materials to buffer the modified pump house facility (please see attached Landscape Plan). 7. AGENCY COMMENTS MEETING On February 24, 2006 staff held an agency comments meeting. However, no comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 8. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Council finds that the following UDC sections are pertinent to the Variance application: 8.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City regularly allows minor public utilities to locate within required landscape buffers. However, the size of the existing structure takes away from the aesthetic value of the nearby landscaping. If the pump house is modified as proposed, to be 4 -feet tall and Destination Place Pump House Variance VAR -06-006 Page 3 CITY OF MERIDIAN PLANNI�DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 screened with dense landscaping, Council finds that a special privilege will not be granted to the applicant. B. The variance relieves an undue hardship because of characteristics of the site; Council finds there is a physical characteristic of the site which requires the applicant to operate the pump house in this location. Nampa -Meridian Irrigation District expressed a desire to have the pump house be located at the conjunction of the delivery box and the drain pipe, within the existing irrigation easement limits. Therefore, the pump house was designed and located astride the line that delineates the limit of the landscape setback. Granted, this pump house could have been located further to the north, outside the required buffer area, but it was located as such due to the subject area already being encumbered by an irrigation easement. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing the irrigation pump house and impervious surface within the landscape buffer on Overland Road will not be detrimental to the public health, safety, and/or welfare. Further, Council has a copy of a letter from Mark Canfield, president of Cesco, dated January 26, 2006, which states their (Cesco's) full support of the applicant's proposal to replace the current building with a low profile cover, surrounded by plant materials (Cesco is the adjacent property owner who originally made staff aware of the violation.) 9. RECOMMENDATION The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the application for more details. Staff believes that the applicant's justification meets the "findings test" for granting a variance (see Section 8.1 above.) and is recommending approval of the variance with the following provisions: 1. The existing concrete slab and underground cistern may remain where they are provided the existing 12 -foot tall pump house structure is removed and replaced with a maximum 4 -foot tall, low -profile structure, as proposed and shown in Exhibit A. 2. Landscape materials shall be installed around the modified pump house structure, as shown in the Landscape Plan in Exhibit A. The applicant shall purchase and install veeetation that is in the four foot ranee s t this point, as opposed to a one eallon Potted plant that's eoing to be six years to eet four foot tall. 3. The removal of the existing pump house structure and construction of the new low - profile structure and adjacent landscaping shall be completed by the applicant, and inspected by Planning Department Staff, prior to issuance of any Certificates of Occupancy within Destination Place Subdivision. Destination Place Pump House Variance VAR -06-006 Page 4 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HESG DATE OF MARCH 21, 2006 ExhibitA 0 Q �0 :gq gm Exhibit A Page I Q 0 S 1.Aa'DAPE ?"N CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEA%G DATE OF MARCH 21, 2006 Exhibit A Page 2 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 21, 2006 Exhibit A Page 3 March 17, 2006 AZ 05-064 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 16 REQUEST Public Hearing —Request for Annexation and Zoning of 116.81 acres from RUT to R-8 zone for Bear Creek West Subdivision — south of West Overland Road and west of South Stoddard Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P&Z Item Packet / Minutes See attached Email from Anna Canning Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 17, 2006 PP 05-064 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT Tuscany Development, Inc. ITEM NO. 17 REQUEST Public Hearing — Request for Preliminary Plat approval of 321 building lots and 34 common lots on 116.81 acres in a proposed R-8 zone for Bear Creek West Subdivision — south of West Overland Road and west of South Stoddard Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Email bom Anna Canning MERIDIAN POST OFFICE: OTHER: See attached Revised plats & Letter from Alan Lance Sr. Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Phone: March 17,2W6 AZ 06-001 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT John Fackelman ITEM NO. 18 REQUEST Public Hearing — Request for Annexation and Zongin of 4.99 acres from R2 to an R-4 zone for Buckeye Place Subdivision — east of Black Cat Road and south of Cherry Lane 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: See attached P&Z Item Packet / Minutes See attached Recommendations / Findings INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Blackstone Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVEI vai 6 City Df Meridian C ` y r°k Office In the Matter of Annexation and Zoning (AZ) from RUT to R-4 and Preliminary Plat (PP) approval of 16 building lots and 1 common/other lot on 4.99 acres, by John Fackelman. Case No(s).: AZ -06-001, PP -06-01, and VAR -06-001 For the City Council Hearing Date of. March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 1 of 4 0 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 30, 2005 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference; 3. The applicant's Variance Request for cul-de-sac length to exceed the maximum of 450 feet is hereby approved. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 2 of 4 • E final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the 2 day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_6. COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED P�-� COUNCIL MEMBER KEITH BIRD VOTED_ _#Gt.- TIE BREAKER MAYOR TAMMY de WEERD VOTED de WEERD ATTEST:03 h® 7, WILLIAM G. BERG, JR , C Cit;,9r t �1 . PPfIIPPt(6 It(f4�!!'1 Copy served upon: _� Applicant ✓ Planning Department ✓ Public Works Department City Attorney B rn ujDated: 3-.29-Ou Clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06 -OO I/ VAR -06-001 - PAGE 4 of 4 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 2/16/2006 TO: Planning & Zoning Commission FROM: Josh Wilson Associate City Planner 884-5533 SUBJECT: Buckeye Place Subdivision • AZ -06-001 Annexation and Zoning of 4.99 acres from R2 (Ada County) to R-4 zone • PP -06-001 Preliminary Plat of 16 single-family building lots and 1 common lot on 4.99 acres in a proposed R-4 zone • VAR -06-001 Variance request to exceed the maximum cul-de-sac length of 450 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Fackelman, has applied for Annexation and Zoning (AZ) of 4.99 acres from R2 (Ada County) to R4 (Medium Low -Density Residential) and Preliminary Plat approval of 16 single family residential lots and 1 common lot on 4.99 acres. The applicant has also requested a Variance (VAR) from UDC 11-6C-3 for cul-de-sac length to exceed 450 feet, for the proposed Manship Place cul-de-sac, which is approximately 600 feet long. The site is located east of Black Cat Road and south of Cherry Lane. This site currently is currently vacant and has not been previously platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: Mark Glines iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06-001, PP -06-001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 1 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 the preliminary plat labeled PRE, dated November 30, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-001, PP - 06 -001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and the preliminary plat labeled PRE, dated November 30, 2005 for the following reasons: (you must state specific reason(s) for the denial.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-001, PP -06-001, and VAR -06-001 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of N. Black Cat Road and south of W. Cherry Lane Section 10, T3N Rl W b. Owners: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 c. Applicant: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: R2 (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 30, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 21, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 2 CITY OF MERIDIAN PLANAEPARTMENT STAFF REPORT FOR THE HE RI NIG DATE OF MARCH 21, 2006 b. Newspaper notifications published on: February 27 and March 13, 2006 c. Radius notices mailed to properties within 300 feet on: February 24, 2006 d. Applicant posted notice on site by: February 11, 2005 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Existing residences in Pintail Pointe Subdivision, zoned R-4. 2. East: Existing residences in Rod's Parkside Creek Subdivision, zoned R4. 3. South: Fuller Park, Ten Mile Creek, and existing residences in Castlebrook Subdivision, zoned R-4. 4. West: Existing residences in Coral Creek Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property will sewer to a future sewer trunk to the south that is being installed as a City of Meridian project. Public Works expects to begin construction by the beginning of March. Location of water: There is water stubbed in N. Manship Place. Issues or concerns: There exists the possibility that sewer will not be available this spring and will have to be delayed until fall of 2006. 2. Vegetation: None. 3. Flood plain: 100 year floodplain on Lot 9, Block 1 4. Canals/Ditches/Irrigation: Ten Mile Creek is located on the south and west boundaries of the property. 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: 4.99 acres f. Subdivision Plat Information 1. Residential Lots: 16 2. Non-residential Lots: 1 3. Total Building Lots: 16 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 17 Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 7. Open Lots: 1 8. Residential Area: 4.99 acres 9. Gross Density: 3.21 units per acre (3.72 net density) g. Landscaping Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. 2. Width of buffers) between land uses: N/A 3. Percentage of site as open space: .25 acres/5.00% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R-4 zone for detached single family i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from a proposed extension to N. Manship Place. Please see ACHD report for details. 7. COMMENTS MEETING On January 27, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots on 4.99 acres for a gross density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Buckeye anner. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 4 R-4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from a proposed extension to N. Manship Place. Please see ACHD report for details. 7. COMMENTS MEETING On January 27, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots on 4.99 acres for a gross density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Buckeye anner. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AC D). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the adjacent public park. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing residential properties to the south, north, east and west are compatible with the proposed development. 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-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family development and a good infill project. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 30, 2005 by Wayne Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1. Multi -use Pathway Connection: The applicant has proposed to continue the pedestrian pathway on Lot 11, Block 1 to connect to the public multi -use pathway located along Ten Mile Creek. A requirement to construct this pathway shall be included in the Development Agreement. 2. Lot 9, Block 1: Lot 9, Block 1 is a common open space lot which is to be donated to the Meridian Parks Department. Although this lot is only 225± square feet, it will facilitate the efficient routing of the multi -use pathway located along Ten Mile Creek. The applicant's offer to donate this parcel to the Meridian Parks Department shall be included in the Development Agreement. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE� G DATE OF MARCH 21, 2006 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 be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. PRELEM[ NARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Landscaped Oren Space: The applicant is proposing to set aside .25 acres (5.00% of the property) for open space in a lot, which contains a storm water retention area and a pedestrian connection to Fuller Park to the south and staff is supportive of the design. There is no minimum landscaped open space required by ordinance, because the property in less than five acres in size. 2. No Parking: No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 3. Cul -de -Sac Variance: Due the shape of the parcel and the inability to connect to any stub streets due to the pattern of existing development surrounding the property, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. The applicant has submitted a variance application that will be considered by City Council. Due to the fact that the adjoining properties have all developed without additional stub streets, staff supports the variance request. 4. Minimum House Size: The R-4 zone has a minimum house of 1,400 square feet and all homes within the proposed subdivision shall meet this requirement. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 6. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan dated December 21, 2005) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Buckeye Place Home Owners' Association. 8. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: Due the shape of the parcel and the inability to connect to any stub streets, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. Because the adjoining properties have all developed without providing stub streets for connectivity, staff finds that the cul-de-sac proposed is the only option for access to the site and staff supports the variance request. b. Staff Recommendation: Staff recommends approval of AZ -06-001, PP -06-001, and VAR -06- 001 for Buckeye Place Subdivision as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: November 30, 2005) 2. Landscape Plan (dated: December 21, 2005) 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. Legal Description D. Required Findings from Zoning Ordinance Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 8 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 A. Drawings 1. Preliminary Plat (dated: November 30, 2005) W Exhibit A 4 (i; jj W1 dA y xl, - � � �� f IL am= Im IN pp gyp �ppp tty�a W Exhibit A 4 (i; jj W1 dA y xl, - � � �� f CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE• G DATE OF MARCH 21, 2006 2. Landscape Plan (dated: December 21, 2005) a 9.., s — !P 11 PUCJMW PLACE mn --- 3t7EHIV8SION a R aioc <sa® .,a.m Exhibit A d9iE a 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Briggs Engineering, dated November 30, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-001) shall also be considered conditions of the Preliminary Plat (PP -06-001). 1.2.2 No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 1.2.3 All homes within the subdivision shall contain at least 1,400 square feet of living area. 1.2.4 Maintenance of all common areas shall be the responsibility of the Buckeye Place Subdivision Homeowners' Association. 1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11 -313. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit B CITY OF MERIDIAN PLANNTDEPARTMENT STAFF REPORT FOR THE HE� G DATE OF MARCH 21, 2006 1.2.6 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. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 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. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be installed starting early March of 2006 as a City of Meridian project. Site constraints associated with the planned pathway of the sewer trunk may cause it to be delayed till late 2006. The City of Meridian does not guarantee sewerabiltiy in the timelines spelled out in the UDC. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE� G DATE OF MARCH 21 2006 2.3 Water service to this site is being proposed via extension of mains in N. Manship Place. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be required prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Prior to signature on the final plat, the applicant shall submit from a professional engineer or professional licensed surveyor a stamped signed letter stating that no lots are encumbered by the flood plain associated with the Ten Mile Creek. 2.9 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 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 per Resolution 02-374. 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 Exhibit B 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 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. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 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. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 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 1. SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions ofApproval 1. Extend Manship Drive in to the site from the north property line, as proposed. 2. Construct the internal streets as one half of a 36 -foot street section with rolled curb, gutter and an attached concrete sidewalk within 50 -feet of right-of-way, as proposed. 3. Terminate Manship Place with a cul-de-sac turnaround without a center island, as proposed. Construct the turnaround to provide a minimum turning radius of 45 -feet. 4. Construct a center island with the right-of-way of Manship Place where the new roadway will connect into the existing roadway, as proposed. Construct the island to be a minimum of 100 - square feet and to maintain a minimum of a 21 -foot street section on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 5. Comply with all Standard Conditions of Approval. B. Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit B • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 C. Legal Description DESCRIPTION FOR PROPOSED BUCKEYE PLACE SUBDIVISION November 30 2005 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00'01'16"W 44.93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00°01'16" W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIVISION; THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTE SUBDIVISION S 89'40'23" E 332.75 FEET TO A POINT; THENCE S 00°39'41" W 8.00 FEET TO THE NORTHWEST CORNER OF ROD'S PARKSIDE CREEK SUBDIVISION; THENCE ALONG WEST BOUNDARY OF SAID ROD'S PARKSIDE CREEK SUBDIVISION S 00014'12"W 649.70 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 8902746"W 330.23 FEET TO A POINT; THENCE N 00001'18" E 656.50 FEET ALONG A PORTION OF SAID BLACKSTONE SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; SAID SUBDIVISION CONTAINS 4.99 ACRES, MORE OR LESS. c;3I}t4V` �O WAYNE K. BARBER �� E �' " P.L.S. 8444 Exhibit C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN0 G DATE OF MARCH 21, 2006 Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family detached residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The R4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and 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. ACHD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5114E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will not grant a right or privilege that is not otherwise allowed in the district and, in fact, it will grant the property the same rights and privileges received by other properties in the area which have stub streets provided to them in order to facilitate development with shorter block lengths. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is bordered on the south and west by Ten Mile Creek, thus prohibiting interconnectivity to the subdivisions located to the south, and the subdivision to the east did not provide any stub streets, thus prohibiting interconnectivity to the east. Based on the surrounding property uses, existing street configurations and natural Exhibit D • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 features, City Council finds that special circumstances exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac to exceed the maximum length will not be detrimental to the public health, safety, and/or welfare. The connecting streets in the area provide an interconnected street system that provides for safe and efficient access for residences and public safety personnel. Exhibit D March 17, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT John Fackelman March 21, 2006 ITEM NO. 19 REQUEST Public Hearing — Request for Preliminary Plat approval fo 16 building lots and 2 commo lots on 499 acres in a proposed R-4 zone for Buckeye Place Subdivision — east of Black Cat Road and south of Cherry Lane 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: See attached P&Z Item Packet / Minutes See attached Recommendations / Findings MERIDIAN POST OFFICE: OTHER: See attached Letter from Blackstone Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IRNCEIVED MAR 16 2006 City Of Meridian �City�Clerkrk Office In the Matter of Annexation and Zoning (AZ) from RUT to R-4 and Preliminary Plat (PP) approval of 16 building lots and 1 common/other lot on 4.99 acres, by John Fackelman. Case No(s).: AZ -06-001, PP -06-01, and VAR -06-001 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 -PAGE 1 of 4 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 30, 2005 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference; 3. The applicant's Variance Request for cul-de-sac length to exceed the maximum of 450 feet is hereby approved. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be 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 -613 - TA, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 2 of 4 • 9 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 3 of 4 • By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_#?v COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_* ---' COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYgft�T de WEERD ATTEST: WILLIAM G. BERG, JR , C CLERK 7�' r Copy served upon: ✓ Applicant Planning Department Public Works Department City Attorney By" Dated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 4 of 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MARCH 21, 2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 2/16/2006 TO: Planning & Zoning Commission FROM: Josh Wilson Associate City Planner 884-5533 SUBJECT: Buckeye Place Subdivision • AZ -06-001 t.Ily rl,F JDA W-) 1 Annexation and Zoning of 4.99 acres from R2 (Ada County) to R-4 zone • PP -06-001 Preliminary Plat of 16 single-family building lots and 1 common lot on 4.99 acres in a proposed R4 zone • VAR -06-001 Variance request to exceed the maximum cul-de-sac length of 450 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Fackelman, has applied for Annexation and Zoning (AZ) of 4.99 acres from R2 (Ada County) to R-4 (Medium Low -Density Residential) and Preliminary Plat approval of 16 single family residential lots and 1 common lot on 4.99 acres. The applicant has also requested a Variance (VAR) from UDC 11-6C-3 for cul-de-sac length to exceed 450 feet, for the proposed Manship Place cul-de-sac, which is approximately 600 feet long. The site is located east of Black Cat Road and south of Cherry Lane. This site currently is currently vacant and has not been previously platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: Mark Glines iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06-001, PP -06-001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MARCH 21, 2006 the preliminary plat labeled PRE, dated November 30, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-001, PP - 06 -001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and the preliminary plat labeled PRE, dated November 30, 2005 for the following reasons: (you must state specific reason(s) for the denial.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-001, PP -06-001, and VAR -06-001 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of N. Black Cat Road and south of W. Cherry Lane Section 10, T3N RI W b. Owners: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 c. Applicant: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: R2 (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 30, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 21, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 21, 2006 b. Newspaper notifications published on: February 27 and March 13, 2006 c. Radius notices mailed to properties within 300 feet on: February 24, 2006 d. Applicant posted notice on site by: February 11, 2005 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Existing residences in Pintail Pointe Subdivision, zoned R4. 2. East: Existing residences in Rod's Parkside Creek Subdivision, zoned R-4. 3. South: Fuller Park, Ten Mile Creek, and existing residences in Castlebrook Subdivision, zoned R-4. 4. West: Existing residences in Coral Creek Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property will sewer to a future sewer trunk to the south that is being installed as a City of Meridian project. Public Works expects to begin construction by the beginning of March. Location of water: There is water stubbed in N. Manship Place. Issues or concerns: There exists the possibility that sewer will not be available this spring and will have to be delayed until fall of 2006. 2. Vegetation: None. 3. Flood plain: 100 year floodplain on Lot 9, Block 1 4. Canals/Ditches/Iirigation: Ten Mile Creek is located on the south and west boundaries of the property. 5. Hazards: None. 6. Proposed Zoning: R4 7. Size of Property: 4.99 acres f. Subdivision Plat Information 1. Residential Lots: 16 2. Non-residential Lots: 1 3. Total Building Lots: 16 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 17 Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 3 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 7. Open Lots: 1 8. Residential Area: 4.99 acres 9. Gross Density: 3.21 units per acre (3.72 net density) g. Landscaping Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .25 acres/5.00% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R4 zone for detached single family i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from a proposed extension to N. Manship Place. Please see ACHD report for details. 7. COMMENTS MEETING On January 27, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots on 4.99 acres for a gross density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Buckeye anner: Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 4 R4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from a proposed extension to N. Manship Place. Please see ACHD report for details. 7. COMMENTS MEETING On January 27, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots on 4.99 acres for a gross density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Buckeye anner: Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 4 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (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 the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the adjacent public park. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Stafffinds that the existing residential properties to the south, north, east and west are compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi -family, townhouses, duplexes, i pose of providing the City with a range of The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 5 CITY OF MERIDIAN PLANNI EPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MARCH 21, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family development and a good infill project. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 30, 2005 by Wayne Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1. Multi -use Pathway Connection: The applicant has proposed to continue the pedestrian pathway on Lot 11, Block 1 to connect to the public multi -use pathway located along Ten Mile Creek. A requirement to construct this pathway shall be included in the Development Agreement. 2. Lot 9, Block 1: Lot 9, Block 1 is a common open space lot which is to be donated to the Meridian Parks Department. Although this lot is only 225± square feet, it will facilitate the efficient routing of the multi -use pathway located along Ten Mile Creek. The applicant's offer to donate this parcel to the Meridian Parks Department shall be included in the Development Agreement. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill NgL at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 6 CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21 2006 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 be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. PRELEMIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Landscaped Open Space: The applicant is proposing to set aside .25 acres (5.00% of the property) for open space in a lot, which contains a storm water retention area and a pedestrian connection to Fuller Park to the south and staff is supportive of the design. There is no minimum landscaped open space required by ordinance, because the property in less than five acres in size. 2. No Parking: No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 3. Cul -de -Sac Variance: Due the shape of the parcel and the inability to connect to any stub streets due to the pattern of existing development surrounding the property, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. The applicant has submitted a variance application that will be considered by City Council. Due to the fact that the adjoining properties have all developed without additional stub streets, staff supports the variance request. 4. Minimum House Size: The R4 zone has a minimum house of 1,400 square feet and all homes within the proposed subdivision shall meet this requirement. 5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 7 CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MARCH 21, 2006 6. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan dated December 21, 2005) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Buckeye Place Home Owners' Association. 8. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: Due the shape of the parcel and the inability to connect to any stub streets, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. Because the adjoining properties have all developed without providing stub streets for connectivity, staff finds that the cul-de-sac proposed is the only option for access to the site and staff supports the variance request. b. Staff Recommendation: Staff recommends approval of AZ -06-001, PP -06-001, and VAR -06- 001 for Buckeye Place Subdivision as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: November 30, 2005) 2. Landscape Plan (dated: December 21, 2005) 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. Legal Description D. Required Findings from Zoning Ordinance Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 8 CITY OF MERIDIAN PLANNINNIDEPARTMENT STAFF REPORT FOR THE HE RI G DATE OF MARCH 21, 2006 A. Drawings 1. Preliminary Plat (dated: November 30, 2005) z ill �s_ l q��.��'i6l all MI�� e� o ri gig q 1 � NO a--�PaOPoM atrcxM PLACE �••,• - SUpDIWSIONCMO LEN W Exhibit A can a � ' 9• A a PL .ti 0" i� i ® a14 4 1 ill �s_ l q��.��'i6l all MI�� e� o ri gig q 1 � NO a--�PaOPoM atrcxM PLACE �••,• - SUpDIWSIONCMO LEN W Exhibit A can a • i ® a14 ill �s_ l q��.��'i6l all MI�� e� o ri gig q 1 � NO a--�PaOPoM atrcxM PLACE �••,• - SUpDIWSIONCMO LEN W Exhibit A CITY OF MERIDIAN PLANNINNIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 2. Landscape Plan (dated: December 21, 2005) .M s PN 0 4 &UCXM PLACE ®•�aas. ® SUHDMSION O boa �v Exhibit A WT APRWM FM CONMRUOTIM WE - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE RIG DATE OF MARCH 21, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Briggs Engineering, dated November 30, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-001) shall also be considered conditions of the Preliminary Plat (PP -06-001). 1.2.2 No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 1.2.3 All homes within the subdivision shall contain at least 1,400 square feet of living area. 1.2.4 Maintenance of all common areas shall be the responsibility of the Buckeye Place Subdivision Homeowners' Association. 1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit B CITY OF MERIDIAN PLANNINIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 1.2.6 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 he within the area being subdivided shall be covered. 1.3 GENERAL REQUIREMENTS PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 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. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be installed starting early March of 2006 as a City of Meridian project. Site constraints associated with the planned pathway of the sewer trunk may cause it to be delayed till late 2006. The City of Meridian does not guarantee sewerabiltiy in the timelines spelled out in the UDC. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF MARCH 21, 2006 2.3 Water service to this site is being proposed via extension of mains in N. Manship Place. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be required prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Prior to signature on the final plat, the applicant shall submit from a professional engineer or professional licensed surveyor a stamped signed letter stating that no lots are encumbered by the flood plain associated with the Ten Mile Creek. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 per Resolution 02-374. 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 Exhibit B CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HE �G DATE OF MARCH 21, 2006 that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 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. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividers expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 V2" 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. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 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. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 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 1. SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions ofAppYoval 1. Extend Manship Drive in to the site from the north property line, as proposed. 2. Construct the internal streets as one half of a 36 -foot street section with rolled curb, gutter and an attached concrete sidewalk within 50 -feet of right-of-way, as proposed. 3. Terminate Manship Place with a cul-de-sac turnaround without a center island, as proposed. Construct the turnaround to provide a minimum turning radius of 45 -feet. 4. Construct a center island with the right-of-way of Manship Place where the new roadway will connect into the existing roadway, as proposed. Construct the island to be a minimum of 100 - square feet and to maintain a minimum of a 21 -foot street section on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 5. Comply with all Standard Conditions of Approval. B. Standard Conditions ofAppYoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit B CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 C. Legal Description DESCRIPTION FOR PROPOSED BUCKEYE PLACE SUBDIVISION November 30 2005 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00°01'16" W 44.93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00001'160 W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIVISION; THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTE SUBDIVISION S 89'40'23" E 332.75 FEET TO A POINT; THENCE S 00'39'41"W 8.00 FEET TO THE NORTHWEST CORNER OF ROD'S PARKSIDE CREEK SUBDIVISION; THENCE ALONG WEST BOUNDARY OF SAID ROD'S PARKSIDE CREEK SUBDIVISION S 00014'12"W 649.70 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 89'2746"W 330.23 FEET TO A POINT; THENCE N 00°01'18" E 656.50 FEET ALONG A PORTION OF SAID BLACKSTONE SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; SAID SUBDIVISION CONTAINS 4.99 ACRES, MORE OR LESS. n u WAYNE K. BARBER, f, ', i P.L.S.8444 i1 Exhibit C CITY OF MERIDIAN PLANNING EPARTMENT STAFF REPORT FOR THE HEARIG DATE OF MARCH 21, 2006 Exhibit C IL 9N CFM w ------- — ------ tz cz: 0 I. fi IL 9N CFM w ------- — ------ tz cz: 0 I. cn 0 z CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HE •G DATE OF MARCH 21, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family detached residential uses are allowed within the requested zoning district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-513-3.E). The R4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this ropertv to R4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed Exhibit D CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HE �G DATE OF MARCH 21 2006 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and 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. ACHD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5114E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will not grant a right or privilege that is not otherwise allowed in the district and, in fact, it will grant the property the same rights and privileges received by other properties in the area which have stub streets provided to them in order to facilitate development with shorter block lengths. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is bordered on the south and west by Ten Mile Creek, thus prohibiting interconnectivity to the subdivisions located to the south, and the subdivision to the east did not provide any stub streets, thus prohibiting interconnectivity to the east. Based on the surrounding property uses, existing street configurations and natural Exhibit D CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 features, City Council finds that special circumstances exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac to exceed the maximum length will not be detrimental to the public health, safety, and/or welfare. The connecting streets in the area provide an interconnected street system that provides for safe and efficient access for residences and public safety personnel. Exhibit D March 17,2W6 VAR 06-001 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT John Fackelman ITEM NO. 20 REQUEST Public Hearing — Request for a Variance to exceed the maximum cul-de-sace length of 450 feet for Buckeye Place Subdivision — east of Black Cat Road and south of Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendation / Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: No comment CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER `u '4 .i. �. Y ! 1 - MAR 16 0 City Of Meridian C"ty rk Office 9 ua.aa i� os 9yf ' 9 R In the Matter of Annexation and Zoning (AZ) from RUT to R4 and Preliminary Plat (PP) approval of 16 building lots and 1 common/other lot on 4.99 acres, by John Fackelman. Case No(s).: AZ -06-001, PP -06-01, and VAR -06-001 For the City Council Hearing Date of: March 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 21, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 1 of 4 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 30, 2005 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 21, 2006 incorporated by reference; 3. The applicant's Variance Request for cul-de-sac length to exceed the maximum of 450 feet is hereby approved. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 2 of 4 i 0 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 21, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 3 of 4 • By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED 0�� COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED -� de WEERD ATTEST: WILLIAM G. BERG JR. T Copy served upon: %11� AppliCant��'�,+tensa+a+'++°444;�\\\\\ 7 Planning Department %o,f Public Works Department City Attorney By' Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-001 / PP -06-001/ VAR -06-001 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 2/16/2006 TO: Planning & Zoning Commission FROM: Josh Wilson Associate City Planner 884-5533 SUBJECT: Buckeye Place Subdivision • AZ -06-001 P #Jk; fir- Z:>Wee, 4 Annexation and Zoning of 4.99 acres from R2 (Ada County) to R-4 zone • PP -06-001 Preliminary Plat of 16 single-family building lots and 1 common lot on 4.99 acres in a proposed R4 zone • VAR -06-001 Variance request to exceed the maximum cul-de-sac length of 450 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Fackelman, has applied for Annexation and Zoning (AZ) of 4.99 acres from R2 (Ada County) to R-4 (Medium Low -Density Residential) and Preliminary Plat approval of 16 single family residential lots and 1 common lot on 4.99 acres. The applicant has also requested a Variance (VAR) from UDC 11-6C-3 for cul-de-sac length to exceed 450 feet, for the proposed Manship Place cul-de-sac, which is approximately 600 feet long. The site is located east of Black Cat Road and south of Cherry Lane. This site currently is currently vacant and has not been previously platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: Mark Glines iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06-001, PP -06-001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 1 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 the preliminary plat labeled PRE, dated November 30, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-001, PP - 06 -001, and VAR -06-001 as presented in the staff report for the hearing date of March 21, 2006, and the preliminary plat labeled PRE, dated November 30, 2005 for the following reasons: (you must state specific reason(s) for the denial.) Continue (All Applications) I move to continue the public hearing for File Numbers AZ -06-001, PP -06-001, and VAR -06-001 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East of N. Black Cat Road and south of W. Cherry Lane Section 10, T3N Rl W b. Owners: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 c. Applicant: John Fackelman 1291 N. Saw Creek Way Meridian, ID 83642 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: R2 (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 30, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 21, 2005 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 2 CITY OF MERIDIAN PLANNING• DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 b. Newspaper notifications published on: February 27 and March 13, 2006 c. Radius notices mailed to properties within 300 feet on: February 24, 2006 d. Applicant posted notice on site by: February 11, 2005 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Existing residences in Pintail Pointe Subdivision, zoned R-4. 2. East: Existing residences in Rod's Parkside Creek Subdivision, zoned R4. 3. South: Fuller Park, Ten Mile Creek, and existing residences in Castlebrook Subdivision, zoned R-4. 4. West: Existing residences in Coral Creek Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property will sewer to a future sewer trunk to the south that is being installed as a City of Meridian project. Public Works expects to begin construction by the beginning of March. Location of water: There is water stubbed in N. Manship Place. Issues or concerns: There exists the possibility that sewer will not be available this spring and will have to be delayed until fall of 2006. 2. Vegetation: None. 3. Flood plain: 100 year floodplain on Lot 9, Block 1 4. Canals/Ditches/Irrigation: Ten Mile Creek is located on the south and west boundaries of the property. 5. Hazards: None. 6. Proposed Zoning: R-4 7. Size of Property: 4.99 acres f. Subdivision Plat Information 1. Residential Lots: 16 2. Non-residential Lots: 1 3. Total Building Lots: 16 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 17 Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 3 CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 7. Open Lots: 1 8. Residential Area: 4.99 acres 9. Gross Density: 3.21 units per acre (3.72 net density) g. Landscaping 1. Width of street buffer(s): None required. Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .25 acres/5.00% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R-4 zone for detached single family R-4 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 5 feet Rear 15 feet Max. Building Height 35 feet Min. Lot Size 8,000 square feet Min. Street Frontage 60 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from a proposed extension to N. Manship Place. Please see ACHD report for details. 7. COMMENTS MEETING On January 27, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots on 4.99 acres for a gross density of 3.21 dwelling units/acre. Staff finds that the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Buckeye anner. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 4 CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A ChD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to the adjacent public park. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing residential properties to the south, north, east and west are compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi -family, townhouses, duplexes, L pose of providing the City with a range of The subject application includes a request for the R-4 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family development and a good infill project. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 30, 2005 by Wayne Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1. Multi -use Pathway Connection: The applicant has proposed to continue the pedestrian pathway on Lot 11, Block 1 to connect to the public multi -use pathway located along Ten Mile Creek. A requirement to construct this pathway shall be included in the Development Agreement. 2. Lot 9. Block 1: Lot 9, Block 1 is a common open space lot which is to be donated to the Meridian Parks Department. Although this lot is only 225± square feet, it will facilitate the efficient routing of the multi -use pathway located along Ten Mile Creek. The applicant's offer to donate this parcel to the Meridian Parks Department shall be included in the Development Agreement. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 6 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HE •G DATE OF MARCH 21, 2006 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 be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. PRELE IINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Landscaped Open Space: The applicant is proposing to set aside .25 acres (5.00% of the property) for open space in a lot, which contains a storm water retention area and a pedestrian connection to Fuller Park to the south and staff is supportive of the design. There is no minimum landscaped open space required by ordinance, because the property in less than five acres in size. 2. No Parking: No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 3. Cul -de -Sac Variance: Due the shape of the parcel and the inability to connect to any stub streets due to the pattern of existing development surrounding the property, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. The applicant has submitted a variance application that will be considered by City Council. Due to the fact that the adjoining properties have all developed without additional stub streets, staff supports the variance request. 4. Minimum House Size: The R4 zone has a minimum house of 1,400 square feet and all homes within the proposed subdivision shall meet this requirement. 5. Pressure Irrigation: ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 7 CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 6. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan dated December 21, 2005) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Buckeye Place Home Owners' Association. 8. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. VARIANCE ANALYSIS: Due the shape of the parcel and the inability to connect to any stub streets, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified Development Code. Because the adjoining properties have all developed without providing stub streets for connectivity, staff finds that the cul-de-sac proposed is the only option for access to the site and staff supports the variance request. b. Staff Recommendation: Staff recommends approval of AZ -06-001, PP -06-001, and VAR -06- 001 for Buckeye Place Subdivision as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary Plat (dated: November 30, 2005) 2. Landscape Plan (dated: December 21, 2005) 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. Legal Description D. Required Findings from Zoning Ordinance Buckeye Place Subdivision AZ -06-001, PP -06-001, VAR -06-001 PAGE 8 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 21, 2006 A. Drawings 1. Preliminary Plat (dated: November 30, 2005) '®&a (.' I PROPOSkb B1tC[ YE PFAGE SU9HM3ION c n _ .mak». ow Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 2. Landscape Plan (dated: December 21, 2005) Exhibit A i 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process within 18 months of City Council approval of the annexation request. The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. • Lot 9, Block 1 shall be donated to the Meridian Parks Department. • The applicant shall construct the off-site connection to the multi -use path along Ten Mile Creek prior to issuance of any Certificate of Occupancy for the subdivision. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet PRE, prepared by Briggs Engineering, dated November 30, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -06-001) shall also be considered conditions of the Preliminary Plat (PP -06-001). 1.2.2 No on -street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 1.2.3 All homes within the subdivision shall contain at least 1,400 square feet of living area. 1.2.4 Maintenance of all common areas shall be the responsibility of the Buckeye Place Subdivision Homeowners' Association. 1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-313. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit B CITY OF MERIDIAN PLANNINODEPARTMENT STAFF REPORT FOR THE HANG DATE OF MARCH 21, 2006 1.2.6 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 he within the area being subdivided shall be covered. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 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. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be installed starting early March of 2006 as a City of Meridian project. Site constraints associated with the planned pathway of the sewer trunk may cause it to be delayed till late 2006. The City of Meridian does not guarantee sewerabiltiy in the timelines spelled out in the UDC. 2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 21, 2006 2.3 Water service to this site is being proposed via extension of mains in N. Manship Place. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be required prior to scheduling of a pre -construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Prior to signature on the final plat, the applicant shall submit from a professional engineer or professional licensed surveyor a stamped signed letter stating that no lots are encumbered by the flood plain associated with the Ten Mile Creek. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 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 per Resolution 02-374. 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 Exhibit B CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEA%G DATE OF MARCH 21, 2006 that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 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. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 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. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 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 1. SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT A. Site Specific Conditions ofApproval 1. Extend Manship Drive in to the site from the north property line, as proposed. 2. Construct the internal streets as one half of a 36 -foot street section with rolled curb, gutter and an attached concrete sidewalk within 50 -feet of right-of-way, as proposed. 3. Terminate Manship Place with a cul-de-sac turnaround without a center island, as proposed. Construct the turnaround to provide a minimum turning radius of 45 -feet. 4. Construct a center island with the right-of-way of Manship Place where the new roadway will connect into the existing roadway, as proposed. Construct the island to be a minimum of 100 - square feet and to maintain a minimum of a 21 -foot street section on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this will be required on the final plat. 5. Comply with all Standard Conditions of Approval. A Standard Conditions ofAppYoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit B CITY OF MERIDIAN PLANNIPDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNADEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 C. Legal Description DESCRIPTION FOR PROPOSED BUCKEYE PLACE SUBDIVISION November 30 2005 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00001'16"W 44.93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00°01'16" W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIVISION; THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTE SUBDIVISION S 89°40'23" E 332.75 FEET TO A POINT; THENCE S 00°39'41" W 8.00 FEET TO THE NORTHWEST CORNER OF ROD'S PARKSIDE CREEK SUBDIVISION; THENCE ALONG WEST BOUNDARY OF SAID ROD'S PARKSIDE CREEK SUBDIVISION S 00°14'12" W 649.70 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N 89°2746" W 330.23 FEET TO A POINT; THENCE N 00001'18" E 656.50 FEET ALONG A PORTION OF SAID BLACKSTONE SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; SAID SUBDIVISION CONTAINS 4.99 ACRES, MORE OR LESS. WAYNE K. BARBER r * ' P.L.S. 8444 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HAG DATE OF MARCH 21, 2006 I of in w A. L4 - ------ ----- log, Exhibit C K WMW FL ILE —Ww-K: J1 4 btl co 0 z CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MARCH 21, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family detached residential uses are allowed within the requested zoning district of R4 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-513-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed Exhibit D CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 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; Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5134E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will not grant a right or privilege that is not otherwise allowed in the district and, in fact, it will grant the property the same rights and privileges received by other properties in the area which have stub streets provided to them in order to facilitate development with shorter block lengths. 2. The variance relieves an undue hardship because of characteristics of the site; The proposed subdivision is bordered on the south and west by Ten Mile Creek, thus prohibiting interconnectivity to the subdivisions located to the south, and the subdivision to the east did not provide any stub streets, thus prohibiting interconnectivity to the east. Based on the surrounding property uses, existing street configurations and natural Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006 features, City Council finds that special circumstances exist which create an undue hardship on the property. 3. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac to exceed the maximum length will not be detrimental to the public health, safety, and/or welfare. The connecting streets in the area provide an interconnected street system that provides for safe and efficient access for residences and public safety personnel. Exhibit D l� March 17, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT March 21, 2006 • ITEM NO. 21 REQUEST Continued Public Hearing from March 14, 2006 — New Fees and Modificaiton of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan reviews AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet Contacted: Date: Emailed: JTaTr iniTiais: Materials presented at public meetings shall become property of the City of Meridian. Phone: CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE March 21, 2006 ITEM # 21 PROJECT NUMBER PROJECT NAME Public Works Plan Review & Insp. Fees NAME PLEASE PRINT) FOR AGAINST NEUTRAL iAAR 21 006 City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk, Stacy Kilchenmann Date: 3/10/06 Re: March 14, 2006 City Council Meeting A continued public hearing is scheduled for March 14 Council meeting for: RECEIVEIL) t;aty of Meridian City Clerk Office New fees and modification of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan review I had hoped that this hearing would be continued to from March 7 until March 21 so that I can present both this fee update as well as the water and sewer assessment update proposal. The assessment fee public hearing is noticed for March 21. The Public Works Department requests that this public hearing be continued to the March 21 City Council meeting. I notfed the Building Contractors Association last week of my intention to request continuance of the hearing until March 21. Thank you for your consideration. 0 Page 1 • Meridian City Council March 7, 2006 Page 57 of 59 you very much, Anna. It will save a lot of heartache down the road, I believe. And with that I'd move that we continue ZOA 05-002 until April 4th, 2006. Rountree: Second. De Weerd: Okay. There is a motion to continue Item 24 to April 4th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 25: Public Hearing: New fees and modification of existing fee by the Public Works Department necessary to cover the costs of development plan review, inspections, site plan and development plan reviews. De Weerd: Okay. Item 25 -- Rountree: Continue that? De Weerd: -- is a Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Due to noticing issues, irregularities, Public Works has indicated that they want to continue the Public Hearing on that until -- Grady: Next week. Rountree: March 14th. Bird: Second. De Weerd: Okay. Motion is to continue the Public Hearing on Item 25 until next week, March 14th. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Item 26: Ordinance No. RZ 05-021 Request for a Rezone of .94 acres from R-8 to C -G and Rezone of .95 acres from R-8 to C -N for Champion Park Addition by Hillview Development Corporation — north of Ustick Road and west of Eagle Road: Item 27: Ordinance No. AZ 05-050 Request for Annexation and Zoning of 5.0 acres from RUT to R-4 zone for Reserve E NOTICE OF PUBLIC HEARING City of Meridian PUBLIC WORKS FEES is The City Council of the City of Meridian will hold a public hearing on Tuesday, March 7, 2006, at 7:00 p.m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding imposition of new fees and modification of existing fees by the Public Works Department. The fees are necessary to cover the costs of development plan review, inspections, site plan and development plan reviews. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. Commercial or Industrial Site Plan Utility Plan Review With no new water or sewer mains (services existing) With no new water or sewer mains (services not existing) With new public water or sewer mains Initial Third and Subsequent Review Reviews $96 $48 $144 $72 $288 + $0.40 per lineal foot $144 + $0.20 per lineal foot Drainage Plan Review One -Time Fee Water System Modeling — by Public Works < 1.5 acres $48 $24 1.5 to 10.0 acres $96 $48 10.0 to 20 acres $192 $96 > 20 acres $192 $96 Water and Sewer Inspection One-time Fee No new water or sewer mains $72 New water main $0.69 per lineal foot New sewer main $0.69 per lineal foot Drainage System Inspection < 1.5 acres $76 1.5 to 10.0 acres $152 10.0 to 20 acres $228 > 20 acres $380 Subdivision Plans One -Time Fee Water System Modeling — by Public Works $328 Water System Modeling — by Consultant Time and Materials Sewer System Modeling — by Public Works $328 Sewer System Modeling — by Consultant Time and Materials Preliminary Plat Water & Sewer Model Input $99 Development Plan Review $378 + $10 per lot Off-site Water or Sewer Main Plan Review $0.40 per lineal foot Homeowners Association Pressurized Irrigation $125 + $5 per lot System Review Sewage Lift Station Review $492 Private Street Review $300 + $0.10 per lineal foot along street centerline Floodplain Review (if applicable) $96 Third and Subsequent Reviews $100 $0.20 per lineal foot • Master Grading & Drainage Review $200 + $5 per lot Subdivision Grading & Drainage Review < 1.5 acres $76 1.5 to 10.0 acres $152 10.0 to 20 acres $228 > 20 acres $380 Inspection Water Main Inspection $0.69 per lineal foot Sewer Main Inspection $0.69 per lineal foot Pressurized Irrigation System Inspection $150 $225 $300 Sewage Lift Station Inspection $576 50 or less services 51 to 100 services 101 or more services The public is encouraged to review the proposed fee structure, attend the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per person. Written comments are welcome and need to be submitted / sent to the Meridian City Clerk, 33 E. Idaho Avenue, Meridian, Idaho 83642 of by fax at 888-4218. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 888-4433 a®°444ftii�9y�,�, least 72 hours prior to the public hearing. g��®�° '��;•� DATED this 14th day of February, 2006 William G. Berg, Jr. — City Published 20th and 27th of February, 2006 r y� ma �s�►►►a�t+Faatt��`�� i • 4+9 i CITY OF 10 IDAHO lll"' Fc % TREASURE SINCE 7993 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 (BR) 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 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - 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 February 9, 2006 Jayson Ronk Building Contractors Association 6206 N. Discovery Way, Suite A Boise, Idaho 83713 RE: City of Meridian Fee Update Proposals Dear Jayson: 40 We recently completed analyses of several of our existing fee systems. These analyses covered: 1)review/inspection fees charged for subdivision development and commercial projects, and 2) water and wastewater assessment fees. I am forwarding our proposed fee updates to you for your review and comment. With Mayor De Weerd's permission, I hope to have City Council hold a public hearing on these fees March 7, 2006 at their regularly scheduled meeting. Permit fees associated with building permits are not a subject of this letter. We are currently evaluating those fees and will notify you as soon as that analysis is complete and a proposal formulated. Subdivisio n&Commercia an Review/Ins Noce ri_?! The Public Works Deparhnen c ar.1 ew and inspection fees for all subdivision development and individual commercial projects. These fees were designed to recover a portion of the costs of providing plan review and inspection services rather than being funded entirely by monthly water and sewer billings. These fees were initiated in February 2002 and have not been updated since. As you will see from the enclosed examples, fees will rise for some projects and decrease for others. The reasons for this are varied. The proposed new fee system includes: 1. "Re -review" fees for subdivisions. These are charged for 3' and subsequent reviews at 50% of the initial review charge. We have seen, in general, better quality subdivision development plans. However, we notice an increase in the number of plan sets submitted for review that the developer ultimately changes significantly, thereby necessitating a second complete plan review. 2. Higher review rates. Analysis of staff time involved in subdivision review showed that more hours are being expended. 3. Lower inspection rates. Analysis of inspection costs showed that this fee, measured in cost per lineal foot of line, can be lowered 30%.' 4. New fees. These include: _ a. Preliminary plat water/sewer model inaut. This fee would recover the cost of inserting each proposed subdivision into the water and sewer computer models. Ongoing maintenance of these models allows quicker tum -around time in evaluating sewer and fire flow capabilities for all proposed projects. b. Floodplain review. Intended to recover the cost of evaluating FEMA requirements for those subdivisions containing floodplains/floodways. s:lpublic workslbrad_Mpublic workskdepreciation schedule1200ftca.2-3-06.doc CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper 0 • c. Master Grading & Drainage. Intended to recover the cost of reviewing grading and drainage for those subdivisions which are required to submit a master grading and drainage plan. d. Subdivision Grading & Drainage. We have seen a number of (primarily) commercial subdivisions in which the entire parking and driveway surfaces are completed with the subdivision improvements. Currently, We have no fee for review with the subdivision plans but are doing this review. It seems unfair to charge the builders of each pad site a review fee when the grading and drainage improvements are complete. For most projects, these modifications result in an overall reduction of fees charged for subdivision development and commercial projects. Projects that will likely see an increase in fees are smaller commercial projects that do not have water or sewer mains on site and those that receive multiple reviews due to poor quality or owner -inflated changes during the review process. Wastewater & Water Assessment Fee As you will recall, I met with the Developers and Builders Councils in 2004 to discuss -the assessment fee updates the City was proposing at the time. After having a City -retained consultant review our initial proposal, we modified the fees and they were ultimately approved by City Council and took effect on January 1, 2005. That increase represented a substantial increase over the previous fees that were adopted in 1996. In an effort to be proactive and provide more frequent and manageable changes in the assessment fees, we analyzed the need for an update one year later. This analysis indicates an assessment fee increase of 6.6% for wastewater and 4.6% for water is warranted. Enclosed is a table listing the current and proposed fees. I hope to have City Council hold a public hearing on these fees March 7, 2006. Please contact me if you would like to discuss this proposal further or need additional information. Brad Watson, P.E. Public Works Director cc: Mayor De Weerd Enclosures s:lpublic works%rad_w\public worksldepreciation scheduW20061bca.2-3-06.doc 0 Interoffice Memo To: Will, Tara, Sharon From: Brad Watson, RE CC: File LIAR , 1 f sem' 1,0 Daae: 2/24/2006 FEB 2 4 2006 f Meridi Re: Public Works Fee Update — Hearing Materials C ty ®lerk Office Enclosed are materials associated with the two March 7 public hearings for fee updates. I believe the public notice referenced these materials and said they would be available for public review at your office. Let me know if you need anything else. Thanks, A*01 IV 71 11J 11 1'=M1 =0 Brad Watson, P.E Public Works Director Meridian Public Works Departmerd 660 E. Wateftower Lane, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fant (208) 898-9551 wd—b@--idian*.org 0 Page 1 U Public Works Department Schedule of Fees - Basis Labor Hours Personnel Labor Hours (subsequent Type Initial review) raviaw Residential & Commercial Subdivision $0.40 $0.20 w/o Public Mains $72 Drainage Plan Revi�nr w/ Public Mains By P.W. By Consultant Sewer System Insoechion < 1.5 Acre $48 Water Modelingd necessary)$328 DA UN T&M ENG -1 $ $48 Sewer Modeling$328 2 T&M ENG -I 8 DA UR * Pre -plat water/sewer model input (ail $99 $50 DA/ENG 111 4 subdivisions) $99 $50 DAIENG 1/1 Subsequent Initiat! Review Reviews Subdivision Development Plan Review $378 min. + DA UII 8 2 $10/buildin lot $100 Off -Site Water or Sewer Plan Review $0.40rLF $0201LF DA 1/11 Homeowners Association Pl. Plan Review $125 + =ffot DA Uti 3 Sewage Lift Station Plan Review $492 ENG4 12 (regardless of size Private Street or Private Drive Review $300 + $0.10/1-F DA UtI Hoodplain Review, ff applicable $96 DA 1111 2 Master Grading & Drainage Review $200 + $5/lot $100 DA Ull 6 2 * Subdivision Grading & Drainage Review (where all parking & oder hard -surfacing installed with subd 'improvements) < 1.5 Acre $48 $24 DA Ulf 1 0.5 1.5 to 10 Acres $96 $48 DA 1111 2 1 10 to 20 Acres $182 $96 DA tfll 4 2 >20 acres $992 $96 DAUII 4 2 Water System inspection $0.69 per lineal foot INSP INSP MP Sewer System Inspection $0.69 per lineal foot P1. System Inspection $150 for <50 services; $75+ $225 50 to 100 $5.00/building services; $300 for >100 lot services INSP 16 Sewage Lfft Station Inspection $576 •.......$iF,_:,^K,w�'"''c"rFa"3n.a'.F-"sfi.,�. `ter ..'`S..u""'-�"'�.�C-;. x ,,,rx .�,:..: s� � "s._r G r� �'�*'.. `2' � `"� �?- �, COMMERCIAL Pian Review lnrtial Subsequent Est Time Utility Plan Review Review Reviews To Revlew W. new public water or sewer maln DA YI 2 (services edg) $96 $48 W/o naw public water or sewer math (new DA W 3 atmonat per LF water or sewer $0.40 $0.20 w/o Public Mains $72 Drainage Plan Revi�nr w/ Public Mains $0.69 per lineal foot IIJSP Sewer System Insoechion < 1.5 Acre $48 $24 DA UN 1 1.5 to 10 Acres $96 $48 DA Ulf 2 10 to 20 Acres $192 $96 DA UR 4 >20 • $192 $96 DA UK 4 Fire Flow Modeling $99 $50 DAIENG 1/1 Water System Inspection ----_ __ _ ___.__-----.,.—�.. ____,� ._.,._. av_.®.._._._ w/o Public Mains $72 INSP 2 w/ Public Mains $0.69 per lineal foot IIJSP Sewer System Insoechion w/o Public Mains $72 INSP 2 w/ Public Mains $0.69 per fine atfoot INSP Drainage Facility Inspection < 1.5 Acre 1.5 to 10 Acres 10 to 20 Acres $76 INSP INSP >20 acres $380 INSP 10 DA 1/II Development Analyst I or li (1) Labor rate for DA 1111 is a composite of Development Analyst: INSP Field Inspector Development Svcs Manager and City Engineer ENG4 Staff Engineer * indicates new fee category 2/9/2006 PW Fees Fee Calcs U m 1C U R p 4CJ pypp� m m n m C14 CO CN p- � m p v O1L 6N4 � � �1 m m fA e \ c m o uQi, m ^`s O v N 1.1 (�� iA (�� EH rN�. (at�°o (9 o tn� ` (A1 �gpi fA o O CO CCg77 \ w78 C V aIL �p\ es 10 m gym; l.1 t6 (R O pl CD N CD OiO 0 t0 m tm o 04 Q CO 00 V � 4i m a U _ 1c, u C q O \ N a�D� V> o� fa�0 � 0 LL '; 93 ym mO O {O m v o u_ 8f di iri i lit m m ! � r Z3 00� S co mmommf v U ' 2 ! " a N ve 1 v Q IL V (A 9' b \\ O U') 'Z N U p� T m 0 C&v N f9 O s? N O \ a f 01 (y P. O a pp ldq jw� �9 � v C7 �� H a \ {py Q � o Q v b+LL � � rtrt F� p1 y � aygo\ atla [Jjj�Q C p m (p f9 Q � \ 69� EL m \ 40fA NN� Q N �{fly $ myy Npp O mO p O O 6, o � E \ E `o `o ID p y C + ''$$U 3 Q 1 ted' D M tl Q U o ID d y Q. •°7 m3E'3E d' 3 t6 v on �d \ E 3'3E33 m 6V ID A °r c a a -LL mty aty.m Co , R 8 n0Q m to - M r � � tt fA 6w V s w to C O N B fa u m . O Q0 U o LL IL U) CIO O a 01L m i m Vv _ W 0 n 0 N G 0 O ry O V► N o fA O 0 b4N co O fA ff3• �r �� pe N 6% n 0Offl • U4 M �} co tts R N N N N 0 O O. 0 to fA to tR 4n to �. 41) tH tH ,V O� —00) o tL <ii Ni tN ir3 IL v m ao Qy 0 VI 0 rn '�v 0 v �m O LL `Q+ '" 63• u O M Go N a ml4 $ I�D; U ess w tss tii 0 o rn v CD 0 •p m 0 o O u� o o to -� ': 'N lw N> Com'CND � O Q. m �- f0 i'.-yt N fit t7 CO fD r V O LL is CL N v O O u3 in �, O 07 O N to n LL XP'X'N "�K CSN M N ti Co OD 6 6-k 4); p 3 tfi C) O M N 0 tV f7 s C ai x>n N •O LL PUP- LLL 0 � tL $ c 0 O N NN V) Di 69 N�{mOm cm 0 t 69 O H0), Vjl 6* O In _ 0O p O Q O N� w�- u O n � n N w0. fA iysr. N r•� tfl' .Q LL Fsis. t0 ?L ?L � LLC J3 �a. (0 O 0 00 0 0 z " O O •rp 'ryj O L 0 U c O tl l� to t4 t7 is to 0 to 0 ti + aO69t N N69 C O Z c c O O zzzz c O c O Fra 0 0 00 tis TC W Ln + I.- to C3 a v pMM O O ? ?f 10 � O tf} LO . $ tQ n d C N Q Q LL O 0 $ O $ mS <oo v$ Cq O q > 8 Y, m c >n o 3:72 LU (L co R 3 Ir �_ aq ! l c c c m �Q mwe m g ia— c` asF -- m m c a iqC E E u) m— Q = >Qcc —cpm m LVA 0 mmo p E0 0 0 0 0 mas TJ• cc 0 0 CL0 Z m V =® c m n r_ m v cto w m a 12 tll Y c c m 0 m Q � � — m �� CD E 0 C 0 _`m 0 c EN m c� my m a` E w aV E co -�ma 5 m Q m cnE: cA m E fny c •3 H g a vinm �° � W m -p mm W m .. t/1 Q d 0 (n m m IL fn L F o O=rn m Ir W ZZ W S-0 z-3: m �fmna co z 0 m' 001 Lo (1) 0 6% O M01 COD NQOND N O m 03 R fPr 0007 N �(OM O 0 U 64 � fiY (H CO IL H0 v m tR CO m M N*Sa _to FA <a vi <FT CH a U)) N N m CN 3 M h 0 � a O O � ON M� -0)00 � N O � N O� (DO r 0 N O m _ 69 rO vy W (� O LL tff :-J _ _- 69 d3 rR _ EF} W3. IL HLn O N N N � ) co Ln �COn 0 In 0 N m N LL m d4 EA CC) � CL CO yy m 'moi m U b CN 0) t!? O = IY W M N N N M O r r a to N O � ll'! aN rn Up. m O LL Ow e N N Cff fo m W3, N to 'V' CH v N CA O •mac>". N m to m $, m lA l7 N 6l Cq N'� C) O N3 a ~ Lo 0 0) m N E '_LL m m df m U) a ,ass.. C3. 3L m O m Cc It N co 0 O 1J.. W O co CIA -:: (J� G O m U m N G= MW N M 0 M!'-' O ,F10 O �T .j. zw bt EH t � 2 .} 'C' � r r i'," "T. y tD tOD, O O of + t f - M p I() O fPr CH CA n- Eco F- 0 ve 93, 1aLA a0.. ID _ e �O O 3L m 3L y?. co ap 3 O�y'1 LL 1n CD m m m m m ;i,;;;: O O Z m c O O N Q. co bT LD fH " 0 (fl•O� 0 O ISO t = z C zzzz C Ca o y y >'t� 0 0 0 0 m C' Q 60 C 691--0 zw, V � O ^ E us w C) CN 0 err a m as O ami w 3 ¢4Q to ^: 1 y O O ID m V 0 0 C14 w O fR > Titl) m N > V m m Q m N m m W m m js m m $mem n gm o �� G.tj R >rmc3 c �J{ m i a) c mNLa>%=c `am `mm o E N O = > d = 'Q m �. C= m LU to E V E m m c m > .tt- - .'�t0. 0 a C z m V _ $' @ c`Wi u" mRm'a �oII my on -`m m 3O �mc� Wy 0` 001C vr'an1 ulmm crEn cEq O A` 12 W ym m E vmm N N imo?m m iitg orL m= m0 m (n3 n am E;�4a��S my w my 3 LV m �ad m 7 N 1-2tAItLZZ L O m` W 131 331 J- -Q m m_ oma d Z Iz ami rn 0 i O CD O Mss co 82 N m m eco 'COM_ Cotm j 69 N m 0 O O h P- o O �c ER K? M m coll� N to I� fO C O m N OCO O N N O m [H vC\l �Mm� N 04 6a �j o LL va b03 CA O� Q co N'7 m O O N Md i 0 . w U m o ... w � 2 C D � QQ N O M co 03 O W IOM,N N Npg N Opp m M Q ;:OMD�VO r' M M V) 0 N r O. U o u- e�to Q dtR Q4 a-: Cq C6 a `m 3 m OM M,`sR?.. r O o HLL m t* � • '" tG cdto � � M O _ N ID — IM m coY" N M N ffl c V w , GI Nm LL lL m C �LL y co N M co M �. a-. a 'O' fn MN O + Q CO tm,M Cn + t0 Q CD N CDCOD) N ; _:, M M m t6 tO W, cD lm- m m d'12 Q Vi �, = C�.N � to �� + M 40 m� _ 8BOO OM m O r o c MVp u o M O M o M Im N a' S m amm O LL ,� ooM�-,Q c cccc egg my 3 0 CA Z m� + C) c, Z Z zZ, :2 CD "Rt91.- O O d O W to pm O A E Q N d N Q Q 4 m u. c 0 3 N 3 79- r94 o 0 _ V w 7 wd q = v m� m = ...iy m am�m m Tom S w V0. a X� m co Wi m m m O C m :5 m C C 0 z aO mE 5 �3 FL3mc o c CD () On m O m y o0 = m -o c 'II .a m m U ut ad�.y m 'z �— =m 'fYE 2=m gN m N co %•m ,,mO N S-2- 0 J�O E mm > atm m mu $ M m E oro N m .. A 14 m- m ttN� m.. 0 m m� ° to a �yd m M t -0M cww *L'L LLI z H m °'— m °' Z s?md y NOTICE OF PUBLIC HEARING City of Meridian PUBLIC WORKS FEES The City Council of the City of Meridian will hold a public hearing on Tuesday, March 7, 2006, at 7:00 p.m. in the City Council Chambers at Meridian City Hall, 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding imposition of new fees and modification of existing fees by the Public Works Department. The fees are necessary to cover the costs of development plan review, inspections, site plan and development plan reviews. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. Commercial or Industrial Site Plan Utility Plan Review With no new water or sewer mains (services existing) With no new water or sewer mains (services not existing) With new public water or sewer mains Drainage Plan Review < 1.5 acres 1.5 to 10.0 acres 10.0 to 20 acres > 20 acres Water and Sewer Inspection No new water or sewer mains New water main New sewer main Drainage System Inspection < 1.5 acres 1.5 to 10.0 acres 10.0 to 20 acres > 20 acres Subdivision Plans Water System Modeling — by Public Works Water System Modeling — by Consultant Sewer System Modeling — by Public Works Sewer System Modeling — by Consultant Preliminary Plat Water & Sewer Model Input Development Plan Review Off-site Water or Sewer Main Plan Review Homeowners Association Pressurized Irrigation System Review Sewage Lift Station Review Private Street Review Floodplain Review (if applicable) Initial Review $96 $144 $288 + $0.40 per lineal foot $48 $96 $192 $192 One-time Fee $72 $0.69 per lineal foot $0.69 per lineal foot $76 $152 $228 $380 One -Time Fee $328 Time and Materials $328 Time and Materials $99 $378 + $10 per lot $0.40 per lineal foot $125 + $5 per lot $492 $300 + $0.10 per lineal foot along street centerline $96 Third and Subsequent Reviews $48 $72 $144 + $0.20 per lineal foot $24 $48 $96 $96 Third and Subsequent Reviews $100 $0.20 per lineal foot • 0 Master Grading & Drainage Review $200 + $5 per lot Subdivision Grading & Drainage Review < 1.5 acres $76 1.5 to 10.0 acres $152 10.0 to 20 acres $228 > 20 acres $380 Inspection Water Main Inspection $0.69 per lineal foot Sewer Main Inspection $0.69 per lineal foot Pressurized Irrigation System Inspection $150 50 or less services $225 51 to 100 services $300 101 or more services Sewage Lift Station Inspection $576 The public is encouraged to review the proposed fee structure, attend the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per person. Written comments are welcome and need to be submitted / sent to the Meridian City Clerk, 33 E. Idaho Avenue, Meridian, Idaho 83642 of by fax at 888-4218. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. 0,D'a9®�a��arzlg,, , DATED this 14th day of February, 2006 William G. Berg, Jr. — City Published 20th and 27th of February, 2006 A CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE 63-7-,-26 PROJECT NUMBER /�� PROJECT NAME NAME (PLEASE PRI • ITEM # 2- 5 - FOR NEUTRAL 0 0 Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Wednesday, February 15, 2006 4:17 PM To: Valley Times Cc: Tara Green; Will Berg Subject: Please publish Feb 20th and 27, 2006 / Public Works Fees Update March 7, 2006 Attachments: Public Works Fees Update Schedule VTimes.doc Please publish Feb. 20th and 27th and confirm — Thanks! Sharon Smith Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 2/15/2006 • ** TX CONFIRMATION REPORT ** AS OF FEB 15 106 17:19 PAGE.01 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING City of Meridian PUBLIC WORKS FEES The City Council of the City of Meridian will hold a public hearing on Tuesday, March 7, 2006, at 7:00 p.m. in the City Council Chambers at Meridian City Hall. 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding imposition of new fees and modification of existing fees by the Public Works Department. The fees are necessary to cover the casts of development plan review, inspections, site plan and development plan reviews. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. Commercial or Industrial Site Plan Utility Plan Review With no new water or sewer mains (services existing) With no new water or sewer mains (services not existing) With new public water or sewer mains Drainage Plan Review < 1.5 acres 1.5 to 10.0 acres Initial Review $96 $144 $288 + $0.40 per lineal foot $48 $96 Third and Subsequent Reviews $48 $72 $144 + $0.20 per lineal foot $24 DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 04 02/15 16:49 3810160 EC --S 00'55" 002 182 OK 05 02/15 16:50 PUBLIC WORKS EC --S 00'39" 002 182 OK 06 02/15 16:51 8848723 EC --S 00'38" 002 182 OK 07 02/15 16:52 WATER DEPT EC --S 00'38" 002 182 OK 08 02/15 16:53 2088840744 EC --S 00'39" 002 182 OK 09 02/15 16:55 POLICE DEPT EC --S 00'38" 002 182 OK 10 02/15 16:56 8985501 EC --S 00'37" 002 182 OK 11 02/15 16.57 LIBRARY EC --S 00'38" 002 182 OK 12 02/15 1658 2083776449 EC --S 00'38" 002 182 OK 13 02/15 16:59 3886924 EC --S 00'37" 002 182 OK 14 02/15 17:00 P—AND—Z EC --S 00'37" 002 182 OK 15 02/15 17:02 FIRE DEPT EC --S 00'38" 002 182 OK 16 02/15 17:03 208 888 2682 EC --S 00'38" 002 182 OK 17 02/15 17:04 208 387 6393 EC --S 00'37" 002 182 OK 18 02/15 17:05 ADA CTY DEVELMT EC --S 00'38" 002 182 OK 19 02/15 17:07 2086885052 EC --S 00'39" 002 182 OK 20 02/15 1708 LAKEUIEW GOLFCOU G3 --S 01'13" 002 182 OK 21 02/15 17:10 POST OFFICE EC --S 00'56" 002 182 OK 22 02/15 17:11 IDAHO ATHLETIC C EC --S 00'38" 002 182 OK 23 02/15 17.12 ID PRESS TRIBUNE EC --S 00'38" 002 182 OK 24 02/15 17:14 2088886701 EC --S 00'37" 002 182 OK 25 02/15 17:18 ALL AMERICAN INS EC --S 00'38" 002 182 OK NOTICE OF PUBLIC HEARING City of Meridian PUBLIC WORKS FEES The City Council of the City of Meridian will hold a public hearing on Tuesday, March 7, 2006, at 7:00 p.m. in the City Council Chambers at Meridian City Hall. 33 E. Idaho Avenue, Meridian, Idaho. The purpose of the public hearing is to receive public comments regarding imposition of new fees and modification of existing fees by the Public Works Department. The fees are necessary to cover the casts of development plan review, inspections, site plan and development plan reviews. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. Commercial or Industrial Site Plan Utility Plan Review With no new water or sewer mains (services existing) With no new water or sewer mains (services not existing) With new public water or sewer mains Drainage Plan Review < 1.5 acres 1.5 to 10.0 acres Initial Review $96 $144 $288 + $0.40 per lineal foot $48 $96 Third and Subsequent Reviews $48 $72 $144 + $0.20 per lineal foot $24 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE March 14, 2006 ITEM # 15 PROJECT NUMBER Public Works Fees Modification PROJECT NAME Inspection & Plan Review Fees NAME (PLEASE P RECEIV D MAR 14 2006 Cit y of Meridian City Clerk Office FOR I AGAINST INEUTRAL March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. 22 REQUEST Resolution — Fee Schedule for Public Works Department Development Plan Reviews Inspections, Site Plan and Development Plan Reviews AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached Resolution CITY SEWER DEPT: n ao CITY PARKS DEPT: V MERIDIAN SCHOOL DISTRICT: Qn v 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: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E Will Berg From: Brad Watson Sent: Tuesday, March 21, 2006 8:35 AM To: Will Berg; Bill Nary Subject: PW Fee Update Hearing Tonight Will & Bill, FYI, I will be recommending an effective date of May 1, 2006 for both the reviewtinspection fee and the updated assessment fees during the public hearing tonight. I apologize, Will, for not answering you when you asked me this previously. BRW CITY OF MERIDIAN RESOLUTION NO. 0 eb - 5-a S BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS FEE SCHEDULE FOR DEVELOPMENT PLAN REVIEW, INSPECTIONS, SITE PLAN AND DEVELOPMENT PLAN REVIEWS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the Public Works Fee Schedule for development plan review, inspections, site plan and development plan reviews as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Fee Schedule for development plan review, inspections, site plan and development plan reviews is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the / S� day of M d y , 2006 upon its adoption and approval. {� ADOPTED by the City Council of the City of Meridian, Idaho, this day of M 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 `d day of A 6,-i, (iA-- , 2006. vu►ou►►a►e1, �\ A ATTES WILLIAM G. BERG J C I'' G-( PUBLIC WORKS FEE SCHEDULE FOR PLBA16W, INSPECTIONS, SITE PLAN AND DEVELOPMENT PLAN REVIEWS Page 1 of 1 /144/041A All,- 40- / 4�x,-� A 0 City of Meridian PUBLIC WORKS FEE SCHEDULE Commercial or Industrial Site Plan Initial Third and Subsequent Review Reviews Utility Plan Review With no new water or sewer mains (services $96 $48 existing) With no new water or sewer mains (services not $144 $72 existing) With new public water or sewer mains $288 + $0.40 per lineal foot $144 + $0.20 per lineal foot Drainage Plan Review One -Time Fee < 1.5 acres $48 $24 1.5 to 10.0 acres $96 $48 10.0 to 20 acres $192 $96 > 20 acres $192 $96 Water and Sewer Inspection One-time Fee No new water or sewer mains $72 Third and Subsequent New water main $0.69 per lineal foot Reviews New sewer main $0.69 per lineal foot $100 Drainage System Inspection < 1.5 acres $76 1.5 to 10.0 acres $152 10.0 to 20 acres $228 > 20 acres $380 Subdivision Plans One -Time Fee Water System Modeling — by Public Works $328 Water System Modeling — by Consultant Time and Materials Sewer System Modeling — by Public Works $328 Sewer System Modeling — by Consultant Time and Materials Preliminary Plat Water & Sewer Model Input $99 Third and Subsequent Reviews Development Plan Review $378 + $10 per lot $100 Off-site Water or Sewer Main Plan Review $0.40 per lineal foot $0.20 per lineal foot Homeowners Association Pressurized Irrigation $125 + $5 per lot System Review Sewage Lift Station Review $492 Private Street Review $300 + $0.10 per lineal foot along street centerline Floodplain Review (if applicable) $96 Master Grading & Drainage Review $200 + $5 per lot Subdivision Grading & Drainage Review < 1.5 acres $76 1.5 to 10.0 acres $152 10.0 to 20 acres $228 > 20 acres $380 Inspection Water Main Inspection $0.69 per lineal foot Sewer Main Inspection $0.69 per lineal foot Pressurized Irrigation System Inspection $150 50 or less services $225 51 to 100 services $300 101 or more services Sewage Lift Station Inspection $576 3/2006 March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. 23 REQUEST Public Hearing — 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 water and ww assessment water meters and appurtenances, and water system itemized damage fees 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: C Dq� A41 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. a CITY OF 044 eYl�lcn IDAHO �/ y Fc ��%U" TRe.�suae VnuE'� ;903 February 9, 2006 Jayson Ronk Building Contractors Association 6206 N. Discovery Way, Suite A Boise, Idaho 83713 MAYOR Tammy de Weerd RE: City of Meridian Fee Update Proposals CITY COUNCIL MEMBERS Dear Jayson: Keith Bird ton Joseph W.. Rountree Charles M. Rountree We recently completed analyses of several of our existing fees stems. These y p y g y Shaun Wardle analyses covered: 1)reviewfinspection fees charged for subdivision development and commercial projects, and 2) water and wastewater assessment fees. I am forwarding our proposed fee updates to you for your review and comment. With CrIY DEPARTMENTS Mayor De Weerd's permission, I hope to have City Council hold a public hearing City Attorney/HR on these fees March 7, 2006 at their regularly scheduled meeting. 703 Main Street 898-5506 (City Attorney) Permit fees associated with building permits are not a subject of this letter. We 898-5503 (HR) Fax 884-8723 are currently evaluating those fees and will. notify you as soon as that analysis. is complete and a proposal formulated. Fire 540 E. Franklin Road Subdivision $ Commercial Plan Review/Inspection 888-1234 / fax 895-0390 The Public Works Department charges plan review and inspection fees for all Parks & Recreation subdivision development and individual commercial projects. These fees were 11 W. Bower Street designed to recover a portion of the costs of providing plan review and inspection 888-3579 / fax 898-5501 services rather than being funded entirely by monthly water and sewer billings. Planning These fees were initiated in February 2002 and have not been updated since. 660 E. Watertower Lane Suite 202 As you will see from the enclosed examples, fees will rise for some projects and 884-5533 / fax 888-6844 decrease for others. The reasons for this are varied. The proposed new fee system includes: Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 1. "Re -review" fees for subdivisions. These are charged for 3`� and subsequent reviews at 50% of the -initial review charge. We have seen, Public Works in general, better quality subdivision development plans. However, we Suiui E. Watertower Lane Ste zoo notice an increase in the number of plan sets submitted for review that 898-5500 /fax 895-9551 the developer ultimately changes significantly,thereb necessitatin a � Y 9 Y 9 second second complete plan review. - Building E. Watertower Lane Higher review rates. Analysis of staff time involved in subdivision Suite 150 Sui review showed that more hours are being expended. 887-2211 / fax 887-1297 3. Lower inspection rates. Analysis of inspection costs showed that this fee, measured in cost per lineal foot of line, can be lowered 30%. - Wastewater Ten Mile Road 4. blew fees. These include: 888 - 888-21199 1 /fax 884-0744 a. Preliminary plat water/sewer model input. This fee would recover the cost of inserting each proposed subdivision into the water and - Water 2235 N.W. 8th Street sewer computer models. Ongoing maintenance of these models 888-5242 /fax 884-1159 allows uicker tum -around time in evaluating sewer and fire flow q g capabilities for all proposed projects. b. Floodplain review. Intended to recover the cost of evaluating FEMA requirements for those subdivisions containing floodplains/floodways. sAlpublic workslbrad_Mpublic works\depreciation schedule120061bca.2-3-06.doc CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & U11711,17Y BILLING- FAX 887-4813 MAYOR'S OFFICE- FAX 884-8119 Printed on recycled paper 0 i c. Master Grading & Drainage. Intended to recover the cost of reviewing grading and drainage for those subdivisions which are required to submit a master grading and drainage plan. d. Subdivision Grading &Drainage. We have seen a number of (primarily) commercial subdivisions in which the entire parking and driveway surfaces are completed with the subdivision improvements. Currently, we have no fee for review with the subdivision plans but are doing this review. It seems unfair to charge the builders of each pad site a review fee when the grading and drainage improvements are complete. For most projects, these modifications result in an overall reduction of fees charged for subdivision development and commercial projects. Projects that will likely see an increase in fees are smaller commercial projects that do not have water or sewer mains on site and those that receive multiple reviews due to poor quality or owner -initiated changes during the review process. Wastewater & Water Assessment Fee As you will recall, I met with the Developers and Builders Councils in 2004 to discuss the assessment fee updates the City was proposing at the time. After having a City -retained consultant review our initial proposal, we modified the fees and they were ultimately approved by City Council and took effect on January 1, 2005. That increase represented a substantial increase over the previous fees that were adopted in 1996. In an effort to be proactive and provide more frequent and manageable changes in the assessment fees, we analyzed the need for an update one year later. This analysis indicates an assessment fee increase of 6.6% for wastewater and 4.6% for water is warranted. Enclosed is a table listing the current and proposed fees. I hope to have City Council hold a public hearing on these fees March 7, 2006. Please contact me if you would like to discuss this proposal further or need additional information. Brad Watson, P.E. Public Works Director cc: Mayor De Weerd Enclosures sApublic workslbrad_w\public works\depreciation schedule\2006\bca.2-3-06.doc 0 r W W LL I— Z W CO LU en Q O Z O U W Z Z O U W IZIw U) 06 w w Q w Qo Of* c R 'v d m co ch Lcir 69 N M EH N O) C ti L1. 69 C 61. F H O -i O LL CO O 6% t 03 13 N !0 V' N (a, O IL 00 Co ti v � z CD LO to o ch r. o LO o Lq C w N r- N 69 m tsa 613 v} 0c(D m aD 0) (D cLL H cc C ~ (� m O m L_ Q Q N 0 m a' a c 3 o W U a • d a N 00 � O � r l0 -O r 6 a E 0 Cf) U m r O W3. to h tm C m N coO cr) T4> Go cc 0) C L � F- N O C Em 0) a C � �- O 04 O C N >+ C 0) m >_ � O m W > 0) m O O .O _ tf3 tR f0 N m 3CD o o to o CD o N O N m D a .y U C 3 m O c rE 03 Io tiO N N 2 7 �} fg 8m 0) v - 3 C Q O m � � fipt .L. to oc m v E h w 0) V O Y Y m a w ID Q Q Q aEi Q N N Z Z Z Z H .0 cmui m m ti LC E 0 O Z c m F ty C O_ C vOi CO " J '° mcm m c Z CL . J O cc 0 U Ca 0 o � a� co LU CL 0 0 a wo CNI � 04 PARAMETERS Construction Cost Indes - Engineering News Record Fiscal ENR - Year CCI (a) 1973 1895 1976 2401 1978 2776 1979 '3003 1980 3237 1981 3535 1982 3825 Construction Cost Index: 7660 Jan -06 1983 4066 Persons per ERU: 2.85 1984 4146 1985 4195 1986 4295 1987 4406 1988 4519 1989 4615 1990 4732 1991 4835 1992 4985 1993 5210 1994 5408 1995 5471 1996 5620 1997 5825 1998 5920 1999 6053 2000 6221 2001 6342 2002 6538 2003 6,694 2004 7295 2005 7660 1 of 1 2/24/2006 Assessment Update FY06 Parameters ENTERPRISE FIXED ASSET SUMMARY as of 9/30/05 Accumulated Replacement $62,167,721 $13,733,253 $88,225,423 $75,987,879 Water Supply $6,860,308 $1,622,525 $8,473,856 $6,970,092 Storage $2,155,009 $472,703 $3,513,334 Depreciation Replacement Value less $42,770,055 Asset Type Cost Amount Value Depreciation L $1,314,185 $306,446 $804,112 d-+ 3 Wastewater Treatment $19,708,401 $6,583,671 $28,634,266 $22,050,595 Collection System - Contributed $34,247,166 $5,565,908 $47,675,220 $42,109,312 Collection System - City Provided $6,860,161 $650,273 $11,915,937 $11,409,380 Operation Assets $1,351,993 $933,402 $0 $418,592 $62,167,721 $13,733,253 $88,225,423 $75,987,879 Water Supply $6,860,308 $1,622,525 $8,473,856 $6,970,092 Storage $2,155,009 $472,703 $3,513,334 $2,235,972 M Distribution System - Contributed $33,498,333 $4,215,109 $42,770,055 $38,554,946 Distribution System - City Provided $5,028,134 $877,132 $7,717,149 $6,840,018 Operation Assets $2,050,340 $1,314,185 $306,446 $804,112 $49,592,125 $8,501,653 $62,780,841 $55,405,139 TOTAL ENTERPRISE: $111,759,846 $22,234,907 $151,006,264 $131,393,018 2/24/2006 Assessment Update FY06 SummaryFixedAssets • • 1 of 1 WASTEWATER SYSTEM ASSESSMENT CALCULATION WORKSHEET 18200 City Constructed Collection System Assessment Wile: 2006 City -Constructed Collection Replacement Cost less Deprec: $11,409,380 1/1 = 0.7 Less Outstanding Bond Principal: $0 17800 Net City -Constructed Collection System Value: $11,409,380 White: Collection System Capacity, ERU's: 34,842 pers/ERU = 2.85 2006 Collection (City Constructed) Assessment per ERU: $327 99300 Contributed Collection System Replacement Assessment 2006 Developer -provided Collection Replacement Cost Less Depret $42,109,312 Eq. Pop. = 75219 Collection System Capacity, ERU's: 34,842 99300 2006 Contributed Collection Assessment per ERU: $1,209 pers/ERU Subtotal Collection System: $1,536 Previous Collection System Assessment per ERU: $1,327 34,842 Percent Chanc, 16% Wastewater Treatment Plant Assessment Assessment 20890 Res. ERU COMPASS est. '05 2006 WWTP Replacement Cost less Depreciation: $22,050,595 Less Outstanding Bond Principal: $0 Net WWTP System Value: $22,050,595 21690 WWTP System Capacity, ERU's: 2006 WWTP System Assessment per ERU: $835 TOTAL WASTEWATER Assessment: $2,372 Previous Fee: $2,226 Percent Inc 6.5% N. Slough: 18200 WWTP Cap = 6.2 Wile: 45800 1/1 = 0.7 10MIle: 17800 - gpcd = 73.12 White: 17500 pers/ERU = 2.85 Total: 99300 ERU Cap = 26393 Eq. Pop. = 75219 Trunk Cap 99300 pers/ERU 2.85 ERU's = 34,842 Dec'05 4.52 mgd 20890 Res. ERU COMPASS est. '05 800 Comm. ERU 21690 208.4 gpd/ERU 2.85 73.12 gpcd 2/24/2006 Assessment Update FY06 WWTP Fee • 0 1 of 2 WATER ASSESSMENT FEE CALCULATION SUMMARY Water Supply Wells Assessment 2006 Water Supply Replacement Cost less Depreciation: $ 6,970,092 Less Outstanding Bond Principal: $ - Net Water Supply System Value: $ 6,970,092 Water Supply System Capacity, ERU's w: 2006 Water Supply System Assessment per ERU: $ 195 Water Stora a Assessment 2006 Water Storage Replacement Cost less Depreciation: $ 2,235,972 Less Outstanding Bond Principal: $ - Net Water Storage System Value: $ 2,235,972 Water Storage Capacity, ERU's: 2006 Water Storage Assessment per ERU: $ 63 Water Distribution Cit -Constructed Assessment 2006 Distribution Replacement Cost less Depreciation: $ 6,840,018 Less Outstanding Bond Principal: $ - Net Distribtuion System Value: $ 6,840,018 Water Distribution System Capacity, ERU's:, 2006 Water Distribution (City -Constructed) Assessment per ERU: $ 192 Total City -Constructed Assessment per ERU: $ 449 Contributed Distribution S stem Assessment Fee 2006 Developer -provided Distribution Replacement Cost Less Depre $ 38,554,946 Collection System Capacity, ERU's:' 2006 Contributed Distribution Assessment per ERU: $ 1,080 Total: $ 1,529 Previous Distribution System Assessment per ERU: $ 1,463 Percent Change: 4.3% TOTAL WATER Assessment: $ 1,529 Previous Fee: $ 1,462 Percent Increase: 4.6% 2/24/2006 Assessment Update FY06 Water Fee 0 0 2 of 2 2005 Max Day + Fire Demand: 24.2 mg 05 Master Plan # Residential Connections: 21,600 # Commercial Connections: 800 Assume ERU's/Comm. Acct.: 3 Commercial ERU's: 2,400 ERU's Total ERU's: 24,000 Demand/ERU: 1,008 gal/ERU Persons/ERU: 2.85 Demand/Person: 354 gaVday Firm Capacity: 36 mgd 05 Master Plan Supply Capacity: 101,752 persons Supply Capacity: 35702 ERU's 2/24/2006 Assessment Update FY06 Water Fee • CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE March 21, 2006 ITEM # 0 23 PROJECT NUMBER Public Works Works & Wastewater PROJECT NAME Assessments, Water Meters, etc., Fees NAME PLEASE PRINT FOR JAGAINSTINEUTRAL RECEIVED MAR 21 2006 City of Meridian Citv Cle* Of am March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 APPLICANT ITEM NO. REQUEST Resolution — Fee Schedule for Public Works Department Water and Wastewater Assessment, water Meters and Appurtenances and Water System Itemized damages AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. • 06-5r9 BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS FEE SCHEDULE FOR WATER AND WASTEWATER ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the updated Public Works Fee Schedule for water and wastewater assessments as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said updated Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the updated Public Works Fee Schedule for water & wastewater assessments is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the day of GG , 2006 upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2-1, day of )V4&'-.. C'G , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 day of 1h,4 -V- C-R- .2006. ATTE T: WILLIAM G. BERG, PUBLIC WORKS FEE SCHEDULE FOR APPROVED: �',,`Q``tee�aasnueeyae�ae �jyy -r IS1 cbn 5� O� de 'ATER ASSESSMENTS Page 1 of 1 FY 2006 WATER & WASTEWATER ASSESSMENT FEE UPDATE WASTEWATER Proposed Assessment Fee Current Fees Fees Treatment: $899 $835 Collection -City Projects: $373 $327 Collection -Contributed.: $953 $1,209 Total: $2,226 $2,372 Percent Increase- 6,6% WATER Proposed Assessment Fee Current Fees Fees Distribution & Supply -City Projects: $664 $449 Distribution -Contributed: $798 $1,080 Total. $1,462 $1,529 Percent Increase: 46% 2/24/2006 Assessment Update FY06 Fee Summary 0 March 17, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Hummel Architects, PLLC March 21, 2006 • AZ 05-059 ITEM NO. 2r 2-5 REQUEST Ordinance - Request for Annexation and Zoning of 9.71 acres from RUT to R-4 zone for Meridian High School Ball Field and Technical Center - 2090 West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance 6 W.1"9 V---"� Contacted: Date: ,)O Phone: 3�3' 1jr;L 3 Emailed: M&An444 dL 1,,(a�iSt6ff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. D ffll) NAVARRO AMOUNT .00 I ( BOISE IDAHO 04/06/06 02:16( DEPUTY Allen III I�IIIIIIIIIIIIIIIIillllllllllIIIII RECORDEDD-REQUEST OF City of Meridian 106052779 CITY OF MERIDIAN ORDINANCE NO. ev Ai� ` lZ 2 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-059 MERIDIAN HIGH SCHOOL BALL FIELDS AND TECHNICAL EDUCATION CENTER) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE NE '/ OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R4 (LOW 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: JOINT SCHOOL DISTRICT # 2. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density) 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 -05-059 MERIDIAN HIGH SCHOOL BALL FIELDS AND TECHNICAL EDUCATION CENTER Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2/—day of /nl/1 C4L�' , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2l1 day of A WILLIAM G. BERG, ti0%%%.. ."'j iqS �e de WEERD ANNEXATION OF AZ -05-059 MERID 11100L BALL FIELDS AND TECHNICAL EDUCATION CENTER Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this* day of H OJ e�N , 2006, 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. '--� Ck yyk--%kLW NOTARY PUBLIC FOR IDAHO RESIDING AT: 1. ID MY COMMISSION EXPIRES: -1 l .11 ANNEXATION OF AZ -05-059 MERIDIAN HIGH SCHOOL BALL FIELDS AND TECHNICAL EDUCATION CENTER Page 3 of 3 Project No. 05-178-02 Description for October 31, 2005 Merldian Joint School District No.2 Schlekeway Annexation parcel A parcel of land located in the Northeast 1/4 of Section 11. Township 3 North, Range t West, Boise Meridian, Ada County, follows: Idaho, more particularly described as Commencing at the past 1/4 cornea of said Section 11, from which the center 1/4 of said Section 11 bears North 89011'16" West, 2655.19 feet; Thence along the South line of said Northeast 1/4 of Section 11 North 89'11'16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a point; Thence North 0°34'21" East, 731.70 feet (formerly described as being North 0°02' East, 731.70 feet) to the intersection with the centerline of an irrigation ditch; said point also being the REAL POINT OF BEGINNING; Thence along the exnte cline of said irrigation ditch the following courses and distances; Thence North 86023'58" West, 29.48 feet; Thence North 67°00'55" West, 54.67 feet; Thence North 63027'43" West, 102.21 fent; Thence North 75028'57" West, 49.80 feet; ThOwc North 70°19'27" West, 48.91 feet; Thence North 73°29'51" West, 52.10 feed; Thence North 8305922" West, 44.75 feet; Theme North 76037'29" West, 56.19 tees; Thence North 69051124" West, 45.67 feet; Thence North 73°09'01" West, 212.23 feet; Thence North 66°28'59" West. 51.37 feet; Thence North 68048'53" West, 63.46 feet to the beginning of a curve to the right; Thence along said curve to the right an arc distance of 52.40 feat, said curve having a radius of 110.00 feet, a central angle of 2'7017'40", and a chord hearing and distance of North 35010'03" West, 51.91 feet; Thence North 41 °31' 13" West, 50.97 feet; "rhmce North 4404619" West, 249.04 feet: Thence North 44010'59" West, 145.24 feet to the intersection with the North line of the Southwest 1/4 of the Northeast 1/4 of said Section 11 (said ccnwline of irrigation ditch formerly described as being the following courses; North 86° 17' West, 42.28 feet; North 64°40'30" West, 144.00 feet; North 72°55'30" West. 144.66 feet; North 83°46' West. 69.01 feet; North 73024'30" West, 88.16 feet; North 73024'30" West, 219.16 feet; North 67035'30" West, 133.40 feet; and North 45026130" Wcst, 417.29 feet); Thence leaving said centerline of irrigation ditch and along the said North line South 89°24'32" East, 1126.24 feet; Thence South 00°34'21" West, 588.56 feet to the REAL POINT OF BEGINNING. Contains an area of 9.71 acres, more or less. Prepared By- MERIDIAN y: Patrick Patrick J. Schefller, PLS M WORKS DEPT - A 2ml M IODII V 130H u. ON114141DA sS gas N u. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a the NE 1/ of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.71 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 fall text of this ordinance is available for inspection at City Hall, City of Meridian, 33 Fast Idaho Avenue, Meridian, I '[PA9. This ordinance shall become effective on the --� ' day of A. Mayor and City Council of the C#y o Mer i -, F By: William G. Berg, Jr., City Clerk Eli �, yq First Reading: 5 " G /— O E7 Rule as allowed pursuant to Idaho Second Reading: ',eading by suspension of the _ NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 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. 06-1U,?.- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z & day of r%6wv L , 2006. �1. William. L.M. Nary, City A o ORDINANCE SUMMARY — AZ -05-059 MERIDIAN HIGH SCHOOL BALL FIELDS AND TECHNICAL EDUCATION CENTER Page 1 of 1 0 March 17, 2006 MERIDIAN CITY COUNCIL MEETING March 21, 2006 0 APPLICANT ITEM NO. XF 2- Lo REQUEST Executive Session per Idaho State Code 67-2345(1)(c) &(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: i/fas Y� � OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materktls presented at public meetings shall become properly of the City of Meridian.